Pay(q)r, LLC v. Sibble et al
| Pay(q)r, LLC and Pay(q)r, LLC doing business as Payr |
| Chris Sullivan, Michael Wior, Omnivore Technologies, Inc., Victor Lafita, Positronics Technologies, Inc., George Sibble, Menupad, Inc. and Michael Taczak |
| 5:2015cv01038 |
| May 22, 2015 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Summit |
| Benita Y Pearson |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 6, 2016. A more recent docket listing may be available from PACER.
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| Filing 71 Marginal Order approving #70 Proposed Stipulation and Order of Dismissal with Prejudice. Judge Benita Y. Pearson on 10/6/2016. (JLG) |
| Filing 70 Proposed Stipulation and Order of Dismissal with Prejudice filed by Pay(q)r, LLC. (Greenfelder, Justin) |
Filing 69
Order of Case Dismissal. On 8/31/2016, parties informed the Court that they reached a settlement in this case. Therefore, the docket shall be marked "settled and dismissed without prejudice." Within 30 days from the date of this Order, the parties shall submit a proposed and executed Stipulation and Order of Dismissal with Prejudice, which, if approved, shall supersede this Order. Judge Benita Y. Pearson on 8/31/2016. (JLG)
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| Minutes of proceedings[non-document] before Magistrate Judge George J. Limbert; mediation held on 8/30/16; Justin S. Greenfelder and John F. Hill were present as counsel for plaintiff; David E. Kitchen and Thomas H. Shunk were present as counsel for defendant George Sibble; also present was plaintiff's representative, Rhodes McKee, and defendant's representative, Michael Wior; case settled; an entry is to be furnished within 30 days; (Court Reporter: None);Time: 3 hours. (S,AA) |
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Order [non-document] The Second Telephonic Status Conference set for 8/29/2016 at 12:00 p.m. is cancelled with the anticipation of being rescheduled if mediation is not successful. Judge Benita Y. Pearson on 8/26/2016. (JLG)
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Filing 68
Order: Pursuant to the agreement of counsel, the hearing upon the parties' discovery disputes, which was scheduled for 8/30/16 at 10:00 a.m. before Magistrate Judge George J. Limbert, shall be converted into a mediation, to be held in Room 229 in Youngstown, Ohio; the parties shall submit mediation statements to the Court by 8/25/16; the mediation statements may be exchanged between opposing counsel, if all counsel and parties agree to do so. Signed by Magistrate Judge George J. Limbert on 8/22/16. (S,AA)
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Filing 67
Order referring case to Magistrate Judge George J. Limbert to schedule a mediation with consultation of counsel and conducted in Youngstown, Ohio. The mediation is to be completed by the end of September, 2016, if possible. Judge Benita Y. Pearson on 8/19/2016. (JLG)
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| Filing 66 Joint Notice Of Request For Court-Assisted Mediation filed by George Sibble. (Shunk, Thomas) |
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Filing 65
Order: Pursuant to the agreement of counsel, a hearing is scheduled upon the parties' discovery disputes before Magistrate Judge George J. Limbert in Courtroom 242 in Youngstown, Ohio on 8/30/16 at 10:00 a.m. (Related documents #59 and #63 . Signed by Magistrate Judge George J. Limbert on 8/16/16. (S,AA)
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Filing 64
Order referring case to Magistrate Judge George J. Limbert for resolution of the parties' discovery disputes. Judge Benita Y. Pearson on 8/11/2016. Related document(s) #59 , #63 . (JLG)
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| Filing 63 Notice of Discovery Dispute filed by George Sibble. (Shunk, Thomas) |
| Filing 62 Opposition to #61 Motion Extend Certain Case Management Dates filed by George Sibble. (Shunk, Thomas) |
| Filing 61 Motion to Extend Certain Case Management Dates filed by Plaintiff Pay(q)r, LLC. (Attachments: #1 Proposed Order)(Pullekins, Andrew) Modified text on 8/16/2016 (E,CK). |
| Filing 60 Notice of Service of Payr's Answers and Objections to Defendant's Second Set of Interrogatories and First Set of Requests for Admission filed by Pay(q)r, LLC. (Hill, John) Modified text s/ Attorney Andrew J. Pullekins by on 8/16/2016 (H,SN). |
| Filing 59 Notice of Discovery Dispute filed by George Sibble. (Kitchen, David) |
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Filing 58
Order re #57 Joint Motion for Extension of Case Management schedule. For good cause shown, the Court's Case Management Order (ECF No. #41 ) shall be extended as follows: (1) fact discovery shall be complete by 7/29/2016; (2) expert reports shall be due by 8/5/2016, expert responses shall be due by 9/6/2016 and expert discovery shall be complete by 10/24/2016; and (3) dispositive motions shall be due by 11/18/2016, with oppositions due by 12/16/2016 and replies by 12/30/2016. All other dates in the Case Management Order shall remain unchanged. Judge Benita Y. Pearson on 6/16/2016. (JLG)
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| Filing 57 Joint Motion for extension of Case Management Schedule filed by Plaintiff Pay(q)r, LLC, Counter-Defendant Pay(q)r, LLC. (Attachments: #1 Proposed Order Order)(Hill, John) |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Status Conference held on 6/10/2016. Present were Attorneys Andrew J. Pullekins, Justin S. Greenfelder and John F. Hill as counsel for Plaintiff; and Attorneys Thomas H. Shunk and David E. Kitchen as counsel for Defendant. The parties agree that the matter may be resolved by way of negotiated resolution. Should the parties believe it necessary, they may file a joint motion requesting an extension of the discovery and dispositive motion cutoff dates. (Court Reporter: None); Time: 15 Minutes. (JLG) |
| IMPORTANT Notice: [non-document] The Telephonic Status Conference set for 6/10/2016 at 4:30 p.m. is reset for 6/10/2016 at 12:30 p.m. before Judge Benita Y. Pearson. Note that this is a time change only. Lead counsel must be present unless excused by the Court upon written motion. Parties' attendance is welcome, but not mandatory. Counsel for Defendants is to set up the conference call and contact Chambers directly at 330-884-7435 with all participants on the line. Related document(s) #56 . (JLG) |
| Filing 56 IMPORTANT Notice: The Telephonic Status Conference set for 6/10/2016 at 12:00 p.m. is reset for 6/10/2016 at 4:30 p.m. before Judge Benita Y. Pearson. Lead counsel must be present unless excused by the Court upon written motion. Parties' attendance is welcome, but not mandatory. Counsel for Defendants is to set up the conference call and contact chambers directly at 330-884-7435 with all participants on the line. (JLG) |
| Filing 55 Memorandum of Opinion and Order For the reasons set forth herein, the Court denies Plaintiff's #6 Motion for preliminary mandatory injunctive relief. Judge Benita Y. Pearson on 2/19/2016. (JLG) |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Status Conference held on 2/19/2016. Present were Attorneys Justin S. Greenfelder and John F. Hill as counsel for Plaintiff; Attorneys Thomas H. Shunk and David E. Kitchen as counsel for Defendant. With consultation of counsel, the Court schedules a Telephonic Status Conference for 6/10/2016 at 12:00 p.m. A primary agenda item is the suitability of the matter for negotiated resolution. Lead counsel must be present unless excused by the Court upon written motion. Parties' attendance is welcome, but not mandatory. Counsel for Defendants is to set up the conference call and contact chambers directly at 330-884-7435 with all participants on the line. Counsel may file a joint notice in advance of the Status Conference if they require the Court's assistance. (Court Reporter: None); Time: 10 Minutes. (JLG) |
| Filing 54 Answer to #53 Counterclaim filed by Pay(q)r, LLC. (Greenfelder, Justin) Modified text on 2/8/2016 (S,L). |
| Filing 53 Answer to #1 Complaint,, with Jury Demand , Counterclaim against Pay(q)r, LLC filed by George Sibble. (Kitchen, David) |
| Filing 52 Memorandum of Opinion and Order granting Defendants' Motion to dismiss for lack of jurisdiction. Payrs claims against Defendants Positronics, Omnivore, MenuPad, Wior, Taczak, Sullivan, and Lafita are dismissed without prejudice. The Court denies Defendants' Motion to dismiss for failure to state a claim as to Payr's claims for misappropriation of trade secrets, copyright infringement, and indemnification, and grants the motion as to Payr's claim for accounting. The Court also denies Defendants' motion for a more definite statement on Payr's misappropriation of trade secrets claim. (Related Doc #20 ). Judge Benita Y. Pearson on 12/31/2015.(R,Sh) Modified text on 12/31/2015 (R,Sh). |
| Filing 51 Notice of Service of Defendant's Responses and Objections to Plaintiffs First Set of Interrogatories and Requests for Production of Documents Directed to George Sibble filed by All Defendants. (Kitchen, David) |
| Filing 50 Notice of Service of Plaintiff's Answers and Objections to Defendants' First Set of Interrogatories and Requests for Production of Documents filed by Pay(q)r, LLC. (Hill, John) |
| Filing 49 Notice of Declaration of George P. Sibble Correcting Prior Declarations filed by All Defendants. (Attachments: #1 Affidavit of George P. Sibble)Related document(s) #32 , #22 .(Kitchen, David) |
| Filing 48 Notice of Service of Plaintiff's First Set of Interrogatories and Requests for Production of Documents Directed to Defendant, George Sibble filed by Pay(q)r, LLC. (Greenfelder, Justin) |
| Filing 47 Notice of Service of Defendants' First Set of Interrogatories to Payr filed by All Defendants. (Kitchen, David) |
| Filing 46 Notice of Service of Defendants' First Set of Requests for Production to Payr filed by All Defendants. (Kitchen, David) |
| Filing 45 Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Pay(q)r, LLC. Related document(s) #34 .(Hill, John) |
| Filing 44 Civil Trial Order A Final Pretrial Conference will take place on 1/23/2017 at 1:00 p.m. and the Trial of this matter shall begin on 3/13/2017 at 9:00 a.m., on a stand-by basis for a period of two weeks. Counsel should appear at least 30 minutes before trial time. Failure of counsel to comply in good faith with the procedures set forth herein may result in the imposition of sanctions. Judge Benita Y. Pearson on 9/23/2015. (JLG) |
| Filing 43 SEALED Document:Exhibit in Support of Reply in Support filed by Pay(q)r, LLC. Related document(s) #42 , #26 , #6 . (Attachments: #1 Exhibit System Manual In Support of Reply)(Hill, John) |
| Filing 42 Stipulated Protective Order The stipulated language has been modified so that parties will file documents under seal electronically and not provide hard copies to Chambers. Judge Benita Y. Pearson on 9/21/2015. (JLG) |
| Filing 41 Case Management Conference Plan/Order. Case is assigned to the standard track. The parties do not consent to the jurisdiction of the U.S. Magistrate Judge. The cutoff for all discovery shall be 6/24/2016. The cutoff for filing dispositive motions is 10/28/2016, with oppositions due 11/28/2016 and replies due 12/12/2016. Written stipulations as to all uncontested facts to be presented by the dispositive motion shall be filed with the Court on or before 10/28/2016. The cutoff to amend pleadings and add parties is 11/6/2015. A Telephonic Status Conference is set for 2/19/2016 at 12:00 p.m. Lead counsel must be present unless excused by the Court upon written motion. Parties' attendance is welcome, but not mandatory. Counsel for Defendants is to set up the conference call and contact chambers directly at 330-884-7435 with all participants on the line. A Second Status Conference is set for 8/29/2016 at 12:00 p.m. A Final Pretrial Conference will take place on 1/23/2017 at 1:00 p.m. and the Trial of this matter shall begin on 3/13/2017 at 9:00 a.m., on a stand-by basis for a period of two weeks. Judge Benita Y. Pearson on 9/21/2015. (JLG) |
| Filing 40 Defendants' Preliminary Estimate of Fees and Costs filed by All Defendants. Related document(s) #34 .(Kitchen, David) |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Case Management Conference held on 9/18/2015. Present were Attorneys Justin S. Greenfelder and John F. Hill as counsel for Plaintiff; Attorneys Thomas H. Shunk and David E. Kitchen as counsel for Defendants; also present were Joe Stanoscek as representative for Plaintiff, Defendants George Sibble, Michael Wior, Michael Taczak, Chris Sullivan, and Victor Lafita. (Court Reporter: None); Time: 1 Hour 45 Minutes. (JLG) |
| Filing 39 Stipulated Standard for Discovery of Electronically Stored Information filed by Pay(q)r, LLC. (Greenfelder, Justin) |
| Filing 38 Discovery Plan filed by Pay(q)r, LLC. (Greenfelder, Justin) |
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Order [non-document] granting in part #35 Unopposed Motion to Attend the Case Management Conference by Telephone. Defendants must participate by telephone at no cost to the Court. Judge Benita Y. Pearson on 9/11/2015. (JLG)
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| Filing 37 Reply in support of #20 Motion to dismiss for lack of jurisdiction and Motion for a more definite statement filed by All Defendants. (Kitchen, David) |
| Filing 36 Certificate of Service of Defendants' Rule 26(a)(1) Disclosures filed by All Defendants. Related document(s) #34 .(Kitchen, David) |
| Filing 35 Unopposed Motion to attend the Case Management Conference by telephone filed by Victor Lafita, Menupad, Inc., Omnivore Technologies, Inc., Positronics Technologies, Inc., George Sibble, Chris Sullivan, Michael Taczak, Michael Wior. Related document(s) #34 . (Kitchen, David) |
| Filing 34 Case Management Conference Scheduling Order with Case Management Conference to be held on 9/18/2015 at 1:00 p.m. at Chambers 313 before Judge Benita Y. Pearson. Judge Benita Y. Pearson on 8/31/2015. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4) (JLG) |
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Order [non-document] denying #27 Motion to Strike. Judge Benita Y. Pearson on 8/28/2015. (JLG)
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Order [non-document] granting #33 Motion to Strike Sur-Reply. ECF No. #32 shall be marked stricken. Judge Benita Y. Pearson on 8/28/2015. (JLG)
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| Filing 33 Motion to strike and Disregard Defendants' Sur-Reply to Plaintiff's Motion for Preliminary Mandatory Injunction filed by Plaintiff Pay(q)r, LLC. Related document(s) #32 . (Pullekins, Andrew) |
| Filing 32 STRICKEN per 8/28/2015 Order (non-document). Sur-Reply to #6 Motion for preliminary injunction filed by All Defendants. (Attachments: #1 Kitchen Declaration, #2 Sibble Declaration)(Kitchen, David) Modified to denote as stricken on 8/28/2015 (JLG). |
| Filing 31 Brief In Opposition to Defendants' Rule 12 Motion to Dismiss and Motion for a More Definite Statement filed by Pay(q)r, LLC. Related document(s) #20 . (Pullekins, Andrew) |
| Filing 30 Reply in support of #27 Motion to Disregard Payr's Reply Brief Or Alternatively For Leave To Respond To The New Evidence Raised Therein filed by All Defendants. (Kitchen, David) |
| Filing 29 Brief in Opposition to Defendants' Motion to Disregard Payrs' Reply Brief or Alternatively for Leave to Respond to the New Evidence Raised Therein filed by Pay(q)r, LLC. Related document(s) #27 . (Greenfelder, Justin) |
| Filing 28 Proposed Stipulated Protective Order filed by Pay(q)r, LLC. (Greenfelder, Justin) |
| Filing 27 Motion to strike and Disregard Payr's Reply Brief Or Alternatively For Leave To Respond To The New Evidence Raised Therein filed by Victor Lafita, Menupad, Inc., Omnivore Technologies, Inc., Positronics Technologies, Inc., George Sibble, Chris Sullivan, Michael Taczak, Michael Wior. Related document(s) #26 . (Attachments: #1 Brief in Support)(Kitchen, David) |
| Filing 26 Reply in support of #6 Motion for preliminary injunction filed by Pay(q)r, LLC. (Attachments: #1 Exhibit Declaration of Andrew Pullekins, #2 Exhibit Supplemental Declaration of Nick Stanoszek, #3 Exhibit Supplemental Declaration of Dominic Frisina)(Pullekins, Andrew) |
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Order [non-document] granting #23 Unopposed Motion for Extension of Time until 8/10/2015 to Reply to Defendants' Opposition to Plaintiff's Motion for Preliminary Mandatory Injunction. Judge Benita Y. Pearson on 8/7/2015. (JLG)
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| Filing 25 Corporate Disclosure Statement filed by Menupad, Inc.. (Kitchen, David) |
| Filing 24 Corporate Disclosure Statement filed by Omnivore Technologies, Inc., Positronics Technologies, Inc.. (Kitchen, David) |
| Filing 23 Unopposed Motion for extension of time until August 10, 2015 to Reply to Defendants' Opposition to Plaintiff's Motion for Preliminary Mandatory Injunction filed by Plaintiff Pay(q)r, LLC. Related document(s) #22 . (Attachments: #1 Exhibit Correspondence between counsel)(Pullekins, Andrew) |
| Filing 22 Opposition to #6 Motion for preliminary injunction filed by All Defendants. (Attachments: #1 Affidavit Declaration of George Sibble, #2 Affidavit Declaration of Michael Wior, #3 Affidavit Declaration of David Kitchen)(Kitchen, David) |
| Filing 21 Amended Affidavit/Declaration of Michael Wior in Support of Defendants Rule 12 Motion filed by All Defendants. Related document(s) #20 . (Kitchen, David) |
| Filing 20 Rule 12 Motion to dismiss and Motion for a more definite statement filed by Victor Lafita, Menupad, Inc., Omnivore Technologies, Inc., Positronics Technologies, Inc., George Sibble, Chris Sullivan, Michael Taczak, Michael Wior. Related document(s) #1 . (Attachments: #1 Brief in Support, #2 Exhibit Wior Declaration, #3 Exhibit Taczak Declaration, #4 Exhibit Lafita Declaration, #5 Exhibit Sullivan Declaration, #6 Exhibit Kitchen Declaration)(Kitchen, David) Modified text to match document on 7/29/2015 (S,L). |
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Order [non-document] granting #19 Unopposed Motion for Extension of Time to File Response/Reply to #6 Motion for Preliminary Injunction until 7/27/2015. Judge Benita Y. Pearson on 6/25/2015. (JLG)
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| Filing 19 Unopposed Motion for extension of time to file response/reply to #6 Motion for preliminary injunction filed by Victor Lafita, Menupad, Inc., Omnivore Technologies, Inc., Positronics Technologies, Inc., George Sibble, Chris Sullivan, Michael Taczak, Michael Wior. Related document(s) #6 . (Attachments: #1 Brief in Support, #2 Affidavit David Kitchen Declaration)(Kitchen, David) |
| Filing 18 Waiver of Service Returned Executed by Pay(q)r, LLC. George Sibble waiver sent on 5/22/2015, answer due 7/21/2015. filed on behalf of Pay(q)r, LLC (Greenfelder, Justin) |
| Filing 17 Waiver of Service Returned Executed by Pay(q)r, LLC. Positronics Technologies, Inc. waiver sent on 5/22/2015, answer due 7/21/2015. filed on behalf of Pay(q)r, LLC (Greenfelder, Justin) |
| Filing 16 Waiver of Service Returned Executed by Pay(q)r, LLC. Omnivore Technologies, Inc. waiver sent on 5/22/2015, answer due 7/21/2015. filed on behalf of Pay(q)r, LLC (Greenfelder, Justin) |
| Filing 15 Waiver of Service Returned Executed by Pay(q)r, LLC. Menupad, Inc. waiver sent on 5/22/2015, answer due 7/21/2015. filed on behalf of Pay(q)r, LLC (Greenfelder, Justin) |
| Filing 14 Waiver of Service Returned Executed by Pay(q)r, LLC. Michael Wior waiver sent on 5/22/2015, answer due 7/21/2015. filed on behalf of Pay(q)r, LLC (Greenfelder, Justin) |
| Filing 13 Waiver of Service Returned Executed by Pay(q)r, LLC. Michael Taczak waiver sent on 5/22/2015, answer due 7/21/2015. filed on behalf of Pay(q)r, LLC (Greenfelder, Justin) |
| Filing 12 Waiver of Service Returned Executed by Pay(q)r, LLC. Chris Sullivan waiver sent on 5/22/2015, answer due 7/21/2015. filed on behalf of Pay(q)r, LLC (Greenfelder, Justin) |
| Filing 11 Waiver of Service Returned Executed by Pay(q)r, LLC. Victor Lafita waiver sent on 5/22/2015, answer due 7/21/2015. filed on behalf of Pay(q)r, LLC (Greenfelder, Justin) |
| Filing 10 Attorney Appearance by David E. Kitchen filed by on behalf of All Defendants. (Kitchen, David) |
| Filing 9 Attorney Appearance by Thomas H. Shunk filed by on behalf of All Defendants. (Shunk, Thomas) |
| Filing 8 Notice of Service of Plaintiff's Motion for Preliminary Mandatory Injunction filed by Pay(q)r, LLC. (Attachments: #1 Exhibit Service Email 6/17/15, #2 Exhibit Service Cover Letter)(Pullekins, Andrew) |
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Filing 7
Order For the reasons set forth herein, Plaintiff shall demonstrate that it has either perfected service of the Complaint (ECF No. #1 ) or service has been waived, and that it has served the motion for a preliminary injunction (ECF No. #6 ) on Defendants. Plaintiff is again reminded that, if Plaintiff's counsel does not receive a returned Waiver of the Service of Summons fromDefendant(s) by 6/22/2015, they shall immediately file a Praecipe for Issuance of the original summons in accordance with LR 4.2. Judge Benita Y. Pearson on 6/17/2015. Related document(s) #1 , #2 , #5 , #6 . (JLG)
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| Filing 6 Motion for preliminary injunction filed by Plaintiff Pay(q)r, LLC. (Attachments: #1 Brief in Support, #2 Exhibit 1 - Proposed Judgment Entry, #3 Exhibit 2 - Declaration of Nick Stanoszek, #4 Exhibit 2A - Software Development Agreement, #5 Exhibit 2B - Email of 12/18/13, #6 Exhibit 2C - Email of 12/28/13, #7 Exhibit 2D - Email of 12/20/13, #8 Exhibit 3 - Declaration of Dominic Frisina, #9 Exhibit 3A - Email of 11/06/13, #10 Exhibit 3B - Email of 11/19/13, #11 Exhibit 3C - Email of 12/18/13)(Pullekins, Andrew) |
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Filing 5
Order For the reasons set forth herein, if Plaintiff's counsel does not receive a returned Waiver of the Service of Summons from Defendant(s) by 6/22/2015, they shall immediately file a Praecipe for Issuance of the original summons. The summons to be issued to Defendant(s) should be uploaded as an attachment to the Praecipe. If service of the summons will be done by certified mail, follow the procedures set forth in LR 4.2. Judge Benita Y. Pearson on 6/1/2015. (JLG)
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| Filing 4 Report on the Filing of an Action Regarding a Copyright (AO121) filed by Pay(q)r, LLC. (Greenfelder, Justin) |
| Filing 3 Corporate Disclosure Statement filed by Pay(q)r, LLC. (Hill, John) |
| Filing 2 Magistrate Consent Form issued. No summons provided or issued. (M,TL) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 400, receipt number 0647-7105190; Plaintiff has indicated that case may be a refiling of terminated case 5:14-cv-02588; filed by Pay(q)r, LLC. (Attachments: #1 Exhibit Software Development Service Agreement, #2 Exhibit Mutual Confidentiality and Non-Disclosure Agreement, #3 Exhibit Certificate of Registration, #4 Civil Cover Sheet) (Hill, John) Modified text and description of attachment on 5/22/2015 (M,TL). |
| Judge Benita Y. Pearson assigned to case. (M,TL) |
| Notice by Clerk that Pay(q)r, LLC failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (M,TL) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (M,TL) |
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