Drips Holdings, LLC v. Teledrip LLC, et al
| Teledrip LLC f/k/a Drips.io, Taylor Murray and Does 1 - 5, inclusive |
| John Budd and Avarus |
| Michael C. Laible, Teledrip LLC and Drips.io |
| Drips Holdings, LLC |
| 5:2019cv02789 |
| November 26, 2019 |
| US District Court for the Northern District of Ohio |
| John R Adams |
| Carmen E Henderson |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1030 Computer Fraud and Abuse Act |
| Both |
Docket Report
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This docket was last retrieved on January 3, 2023. A more recent docket listing may be available from PACER.
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Filing 172
Joint Request for Entry of Judgment filed by Drips Holdings, LLC. (Attachments: #1 Final Consent Judgment and Permanent Injunction)Related document(s) #171 .(Moser, Christina)
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Filing 171
Order dismissing this matter without prejudice. The parties may submit within forty-five (45) days a proposed entry setting forth different terms and conditions relative to the settlement. This Court retains jurisdiction over the settlement. Judge John R. Adams on 12/19/22. (K,C)
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Filing 170
Settlement Notice by Drips Holding, LLC, TeleDrip, LLC, and Taylor Murray filed by Drips Holdings, LLC. (Moser, Christina)
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Filing 169
Joint Motion for extension of time until 30 Days to Extend Pending Deadlines due to Settlement Discussions filed by Defendant Teledrip LLC. (Webb, Nathaniel)
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Filing 168
Marginal Entry Order granting #161 Plaintiff's motion to file a reply brief instanter. For clarity of the record, all of the parties' arguments were considered when the objections were ruled upon by the Court. Judge John R. Adams on 11/15/2022.(L,J)
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Order [non-document] The parties' joint request for an extension of the dispositive motion briefing schedule is GRANTED. All deadlines set forth in ECF No. #167 are hereby extended by 45 days. Magistrate Judge Carmen E. Henderson on 10/17/2022. (G,M)
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Filing 167
Order: The parties' evidentiary challenges being resolved, the Court sets the following briefing schedule for dispositive motions (see ECF No. #159 ). Deadline for filing dispositive motions is October 31, 2022; Deadline for responding in opposition to dispositive motions is November 30, 2022; Deadline for replying in support of dispositive motions December 15, 2022. Magistrate Judge Carmen E. Henderson on 9/30/2022. (G,M)
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Filing 166
Memorandum of Opinion and Order that Defendants' objections are OVERRULED. Plaintiff's objections are OVERRULED in part and GRANTED in part. The Report and Recommendation is ADOPTED IN PART and REJECTED IN PART. The Court ADOPTS the Report and Recommendation's conclusion that Defendants' destruction of and failure to preserve the Slack data was intentional. The Court REJECTS the Report and Recommendations recommendation of a lesser sanction and concludes that a mandatory adverse-inference instruction is warranted. ( #144 Report and Recommendation). Judge John R. Adams on 9/29/22. (K,C)
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Filing 165
Order: For the reasons set forth herein, Plaintiff's motion to exclude the report of Glenn Fallavollita (ECF No. #139 ) is DENIED in part and GRANTED in part; and Plaintiff's motion to exclude evidence (ECF No. #148 ) is DENIED in part and GRANTED in part. Magistrate Judge Carmen E. Henderson on 8/30/2022.(G,M)
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Filing 164
Order: For the reasons set forth herein, Drips's Motion to Exclude the Testimony of Peter Kent (ECF No. #138 ) is GRANTED IN PART and DENIED IN PART. Peter Kent's knowledge, skill, and experience qualifies him to opine on the issue of software development speed as set forth in his expert report. The rebuttal testimony provided by Kent pertaining to the rapid speed of software development passes both parts of Daubert, reliability and relevance. However, Kent is not permitted to opine to any legal issues relating to contract terms or provide legal interpretations. Kent's legal interpretations of the parties' contracts cannot be considered. Magistrate Judge Carmen E. Henderson on 8/30/2022.(G,M)
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Filing 163
SEALED Document:Reply Brief in Support of Motion to Leave filed by Drips Holdings, LLC. Related document(s) #37 , #161 . (Hartman, Ruth)
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Filing 162
SEALED Document: Opposition to Plaintiff's Motion Instanter for Leave to File a Reply filed by Taylor Murray, Teledrip LLC. Related document(s) #37 , #161 . (Attachments: #1 Exhibit 1 - ECF 157-6 - Hernandez Declaration, #2 Exhibit 2 - Deposition of Christopher Moreira 8.11.2021)(Webb, Nathaniel)
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Filing 161
SEALED Motion for Leave Instanter to File A Reply Brief #37 , #154 filed by Plaintiff Drips Holdings, LLC. Related document(s) #37 , #154 . (Attachments: #1 Proposed Reply, #2 Exhibit Hernandez Deposition, #3 Exhibit Evans Deposition, #4 Exhibit Murray Deposition, #5 Exhibit Moreira Deposition)(Hartman, Ruth)
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Filing 160
SEALED Document:Reply Brief in Support of its Objections to and Motion to Exclude Certain Evidence of Defendants filed by Drips Holdings, LLC. Related document(s) #37 , #155 . (Attachments: #1 Affidavit Hartman Declaration, #2 Exhibit Martindale Deposition, #3 Exhibit Beal Deposition, #4 Exhibit Lewis Deposition, #5 Exhibit Capezzali Deposition, #6 Exhibit Evans Declaration, #7 Exhibit Evans Deposition, #8 Exhibit Bacile Expert Report, #9 Exhibit Laible Deposition, #10 Exhibit Fallavollita Deposition, #11 Exhibit Bacile Deposition, #12 Exhibit Avarus Production, #13 Exhibit Name Cheap)(Hartman, Ruth)
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Filing 159
Order denying without prejudice the parties' motions for summary judgment #137 ; #140 ; and denying as moot Teledrip's motion for leave to file a reply #156 . Following the Court's resolution of the parties' evidentiary challenges, the Magistrate Judge will issue a new briefing schedule for dispositive motions. Judge John R. Adams on 5/4/2022.(L,J)
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Filing 158
SEALED Document:Response to Defendants' Appeal of the Magistrate Judge's R&R on Sanctions filed by Drips Holdings, LLC. Related document(s) #37 , #153 . (Attachments: #1 Exhibit Moreira 2020 Deposition, #2 Exhibit Evans Deposition, #3 Exhibit Murray Deposition, #4 Exhibit Moreira 2021 Deposition, #5 Exhibit Email from Evans, #6 Exhibit Text Messages from TD, #7 Exhibit Martindale 2021 Deposition, #8 Affidavit S. Spring)(Hartman, Ruth)
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Filing 157
SEALED Document: Response to Plaintiff's Partial Objection to and Appeal of the Magistrate Judge's April 5, 2022 Report and Recommendation on Plaintiff's Motion for Sanctions filed by Taylor Murray, Teledrip LLC. Related document(s) #37 , #154 . (Attachments: #1 Exhibit 1 - ECF 129-27 Exhibit 26 - Texts, #2 Exhibit 2 - Deposition of Christopher Moreira 8.11.2021, #3 Exhibit 3 - ECF 129-30 Exhibit 29 - Emails, #4 Exhibit 4 - Declaration of Ethan Peters, #5 Exhibit 5 - Deposition of John Budd, #6 Exhibit 6 - ECF 132-34 - Hernandez Declaration, #7 Exhibit 7 - Deposition of Todd Bacile, #8 Exhibit 8 - ECF 132-1 - Drips Wordmark File History, #9 Exhibit 9 - Deposition of Michael Laible, #10 Exhibit 10 - Deposition of Aaron Evans, #11 Exhibit 11 - Deposition of Raymond Hernandez)(Webb, Nathaniel)
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Filing 156
Motion for leave to File a Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment filed by Taylor Murray, Teledrip LLC. Related documents #137 and #151 . (Webb, Nathaniel) Modified text on 5/2/2022 (M,TL).
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Filing 155
SEALED Document: Motion to Strike Plaintiff's Motion to Exclude, or, Alternatively, Deny Plaintiff's Motion to Exclude and Disregard Plaintiff's Objections to Evidence Cited in Defendants' Motion for Summary Judgment filed by Taylor Murray, Teledrip LLC. Related documents #37 , #137 and #148 . (Attachments: #1 Exhibit 1 - 30b6 Deposition of Tom Martindale, #2 Exhibit 2 - ECF 137-2 Exhibit 1U)(Webb, Nathaniel)
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Filing 154
SEALED DOCUMENT Appeal and Objections to Report and Recommendation (Dkt No 144) #37 filed by Drips Holdings, LLC. Related document(s) #37 . (Attachments: #1 Declaration of Christina J. Moser, #2 Exhibit 1 - Martindale 30b6 Depo, #3 Exhibit 2 - USPTO Dashboards, #4 Exhibit 3 - USPTO Report, #5 Exhibit 4 - Evans Depo, #6 Exhibit 5 - Defendants Response to Rogg 14)(Moser, Christina) Modified event and text on 4/21/2022 (M,TL).
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Filing 153
SEALED Document: Objections to the Magistrate Judge's April 5, 2022 Report and Recommendation on Plaintiff's Motion for Sanctions filed by Taylor Murray, Teledrip LLC. Related document(s) #37 , #144 . (Attachments: #1 Exhibit 1 - Declaration of Nathan Webb, #2 Exhibit 2 - May 12, 2021 Deposition of Raymond Hernandez, #3 Exhibit 3 - May 14, 2021 Deposition of Taylor Murray, #4 Exhibit 4 - May 13, 2021 Deposition of Taylor Murray, #5 Exhibit 5 - Declaration of Taylor Murray)(Webb, Nathaniel)
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Filing 152
Declaration of Untimely Filing filed by Drips Holdings, LLC. Related document(s) #151 .(Moser, Christina)
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Filing 151
SEALED Document:Opposition to Motion for Summary Judgment filed by Drips Holdings, LLC. Related document(s) #37 , #137 . (Moser, Christina)
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Filing 150
SEALED Document:Evans Declaration filed by Drips Holdings, LLC. Related document(s) #37 . (Moser, Christina)
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Filing 149
SEALED Document:Exhibits filed by Drips Holdings, LLC. Related document(s) #37 . (Attachments: #1 Ex 36 Martindale, #2 Ex 37 Evans, #3 Ex 38 Leads, #4 Ex 39 TD, #5 Ex 40 Moreiera 163, #6 Ex 41 TD 547, #7 Ex 42 ATT, #8 Ex 43 Budd, #9 Ex 44 Moreira 2021, #10 Ex 45 TD 11, #11 Ex 46 TD 4585, #12 Ex 47 Murray 5-13, #13 Ex 48 Budd 913, #14 Ex 49 TD 4645, #15 50 TD 4643, #16 51 Murray 5-14, #17 52 Drips, #18 53 TD, #19 54 Drips 33477, #20 55 TD 25356, #21 56 Moreiira 2020, #22 57 TD, #23 58 Beal, #24 59 DRIPS Element Agreement, #25 60 - Drips STC Agreeemnt, #26 61 Laible Dep, #27 62 TeD, #28 63 Zatkoick 9, #29 64 Zatkovich dep 5, #30 65 Zatkovich Dep 8, #31 66 Stern, #32 67 Ghaneian, #33 68 Buro, #34 69 lewis, #35 70 Drips 33418, #36 71 Bacile Rep, #37 72 Definitions, #38 73 TD 112, #39 74 TD 60, #40 75 TD 80, #41 76 Murray 15, #42 77 Murray 16, #43 78 Drips 33339, #44 79 Bacile Dep, #45 80 Capezali Dep, #46 81 Rog Responses, #47 82 Murray 9, #48 83 Zatkovich Dep, #49 84 - Kent, #50 85 TD 4554, #51 86 Bosworth, #52 87 TD 410)(Moser, Christina)
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Filing 148
SEALED Motion to Exclude Certain Evidence Submitted by Defendants on Summary Judgment #37 , #137 filed by Plaintiff Drips Holdings, LLC. Related document(s) #37 , #137 . (Attachments: #1 Affidavit Sarah Spring, #2 Exhibit Defendants' RFP Responses and Objections, #3 Exhibit Compare)(Hartman, Ruth)
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Filing 147
SEALED Document: Memorandum in Opposition to Plaintiff's Motion for Partial Summary Judgment filed by Taylor Murray, Teledrip LLC. Related document(s) #37 , #140 . (Attachments: #1 Exhibit 1 - Deposition of Christopher Moreira 6.23.2020, #2 Exhibit 2 - Deposition of Michael Laible, #3 Exhibit 3 - Declaration of Taylor Murray, #4 Exhibit 4 - Docket Entry 140-6 Teledrip's Responses to Third Interrogatories, #5 Exhibit 5 - Docket Entry 140-8 Drips Live Chat Chart, #6 Exhibit 6 - Docket Entry 140-3 August 2018 emails, #7 Exhibit 7 - Docket Entry 140-34 Evens Declaration, #8 Exhibit 8 - Deposition of Jesse Beal, #9 Exhibit 9 - Deposition of Taylor Murray 5.14.2021, #10 Exhibit 10 - Docket Entry 140-16 Bosworth Report, #11 Exhibit 11 - Deposition of D. Scott Bosworth, #12 Exhibit 12 - Docket Entry 140-17 Archived TeleDrip Home, #13 Exhibit 13 - Docket Entry 140-18 Current TeleDrip Home, #14 Exhibit 14 - Declaration of Nathan Webb, #15 Exhibit 15 - Docket Entry 19-2, #16 Exhibit 16 - Docket Entry 137-4 Exhibit 3B, #17 Exhibit 17 - Docket Entry 137-2 Exhibit 1B, #18 Exhibit 18 - Deposition of Tom Martindale 6.23.2021, #19 Exhibit 19 - Docket Entry 137-1 Exhibit 1A, #20 Exhibit 20 - Docket Entry 140-15 Two Wheels Proposal, #21 Exhibit 21 - Deposition of Mark Subel, #22 Exhibit 22 - Deposition of Jonathan Hochman, #23 Exhibit 23 - Docket Entry 140-20 Two Wheels Emails, #24 Exhibit 24 - Docket Entry 140-27 Two Wheels Emails, #25 Exhibit 25 - Docket Entry 140-26 Two Wheels Emails, #26 Exhibit 26 - Deposition of Pejman Ghaneian)(Webb, Nathaniel)
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Filing 146
Reply in Support of #139 Motion to Exclude Testimony of Mr. Fallavollita filed by Plaintiff Drips Holdings, LLC. (Attachments: #1 Exhibit Fallavollita Transcript, #2 Exhibit Fallavollita Book, #3 Exhibit Fallavollita Report) (Related Document #37 ) (Hartman, Ruth)
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Filing 145
Reply Brief in Support of #138 Motion to Exclude the Testimony and Report of Peter Kent filed by Plaintiff Drips Holdings, LLC. Related document(s) #37 , #138 . (Attachments: #1 Exhibit Kent Transcript, #2 Exhibit Kent Report, #3 Exhibit Zatkovich Report, #4 Exhibit Martindale Transcript, #5 Exhibit Murray Transcript) (Related Document #37 ) (Hartman, Ruth)
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Filing 144
Report and Recommendation on Plaintiff's #129 SEALED Motion for Sanctions. Objections to Report & Recommendation due by 4/19/2022. Magistrate Judge Carmen E. Henderson on 4/5/2022. (W,K)
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Filing 143
SEALED Document:Defendants' Memorandum in Opposition to Plaintiff's Motion to Exclude the Testimony of Peter Kent filed by Taylor Murray, Teledrip LLC. Related document(s) #37 , #138 . (Attachments: #1 Exhibit A - Zatkovich Expert Report, #2 Exhibit B - Kent Expert Report, #3 Exhibit C - Kent Deposition)(Webb, Nathaniel)
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Filing 142
SEALED Document:Defendants' Memorandum in Opposition to Plaintiff's Motion to Exclude Testimony of Glenn Fallavollita filed by Taylor Murray, Teledrip LLC. Related document(s) #37 , #139 . (Attachments: #1 Exhibit A - Fallavollita Expert Report, #2 Exhibit B - Bacile Expert Report, #3 Exhibit C - Bacile Deposition, #4 Exhibit D - Fallavollita Deposition)(Webb, Nathaniel)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Jack A. Battaglia for Taylor Murray, Teledrip LLC, Teledrip LLC, Teledrip LLC, and Teledrip LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #141 ). Judge John R. Adams on 3/25/22.(K,C)
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Filing 141
Motion for attorney Jack A. Battaglia to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11339383, filed by Taylor Murray, Teledrip LLC. (Attachments: #1 Exhibit A Declaration of Jack Battaglia)(Webb, Nathaniel)
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Order [non-document] denying defendant's #133 Motion to substitute counsel and admit Jack Battaglia pro hac vice. The motion for pro hac vice was improperly filed as a motion to substitute counsel and the fee for pro hac vice admission was not paid. On February 14, 2022, the Court notified Attorney Battaglia via voice message that the pro hac vice fee had not been paid. Defendant may refile the motion as a motion for admission pro hac vice along with the payment of the pro hac vice fee. Magistrate Judge Carmen E. Henderson on 3/22/2022. (W,K)
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Filing 140
SEALED Motion for Partial Summary Adjudication #37 filed by Counter-Defendant Drips Holdings, LLC, Plaintiff Drips Holdings, LLC. Related document(s) #37 . (Attachments: #1 Exhibit 1 - 2020 Moreira Deposition, #2 Exhibit 2 - March 2017 Moreira Email, #3 Exhibit 3 - August 2018 Emails, #4 Exhibit 4 - Beal Deposition, #5 Exhibit 5 - Laible Deposition, #6 Exhibit 6 - TeleDrip R/Rog 19, #7 Exhibit 7 - Zatkovich Report, #8 Exhibit 8 - Drips Live Chat Chart, #9 Exhibit 9 - Laible Form Email, #10 Exhibit 10 - Benepath Email, #11 Exhibit 11 - Progrexion Email, #12 Exhibit 12 - MobileHelp Email, #13 Exhibit 13 - Consumer Affairs Email, #14 Exhibit 14 - Credit Pros Email, #15 Exhibit 15 - Two Wheels Proposal, #16 Exhibit 16 - Bosworth Report, #17 Exhibit 17 - Archived Teledrip Landing Page, #18 Exhibit 18 - Current Teledrip Landing Page, #19 Exhibit 19 - Subel Deposition, #20 Exhibit 20 - October 2018 Two Wheels Emails, #21 Exhibit 21 - November 2018 Proposed Keywords, #22 Exhibit 22 - Hochman Report, #23 Exhibit 23 - November 2018 Emails, #24 Exhibit 24 - October 2018 Emails, #25 Exhibit 25 - Drips Google Analytics, #26 Exhibit 26 - March 2019 Drips Emails, #27 Exhibit 27 - March 2019 Two Wheels Emails, #28 Exhibit 28 - Ghaneian Deposition, #29 Exhibit 29 - Google Ads Report, #30 Exhibit 30 - TeleDrip Expert Disclosures, #31 Exhibit 31 - McElroy Report, #32 Exhibit 32 - TeleDrip Second Amended Initial Disclosures, #33 Exhibit 33 - July 2019 Drips Emails, #34 Evans Declaration, #35 Moser Declaration)(Moser, Christina)
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Filing 139
SEALED Motion To Exclude the Testimony of Mr. Fallavollita #37 filed by Plaintiff Drips Holdings, LLC. Related document(s) #37 . (Attachments: #1 Brief in Support, #2 Exhibit Fallavollita Report, #3 Exhibit Fallavollita Dep. Transcript, #4 Exhibit Bacile Expert Report, #5 Exhibit Book, #6 Exhibit Capezzali Deo. Transcript)(Hartman, Ruth)
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Filing 138
SEALED Motion Exclude the Testimony of Peter Kent #37 filed by Plaintiff Drips Holdings, LLC. Related document(s) #37 . (Attachments: #1 Brief in Support, #2 Exhibit Kent Report, #3 Exhibit Kent Depo. Transcript, #4 Exhibit Zatkovich Report, #5 Exhibit Droplets v. Yahoo)(Hartman, Ruth)
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Filing 137
SEALED Motion #37 , Motion for summary judgment filed by Taylor Murray, Teledrip LLC. Related document(s) #37 . (Attachments: #1 Exhibit 1A - Declaration of Nathan Webb and exhibits 1A-1K, #2 Exhibit 1B - Exhibits 1L-1V to Declaration of Nathan Webb, #3 Exhibit 2 - Deposition of Jonathan Hochman, #4 Exhibit 3 - Declaration of Taylor Murray, #5 Exhibit 4 - Glenn Fallavollita Declaration, #6 Exhibit 5 - Deposition of Glenn Fallavollita, #7 Exhibit 6 - 30b6 Deposition of Tom Martindale 6.25.2021, #8 Exhibit 7 - Declaration of Ethan Peters, #9 Exhibit 8 - Deposition of Aaron Evans, #10 Exhibit 9 - Deposition of Todd Bacile, #11 Exhibit 10 - Deposition of Christopher Capezzali, #12 Exhibit 11 - Deposition of Taylor Murray 5.13.2021, #13 Exhibit 12 - Deposition of Raymond Hernandez, #14 Exhibit 13 - Deposition of Tom Martindale 6.23.2021, #15 Exhibit 14 - Deposition of John Budd, #16 Exhibit 15 - John Budd Declaration, #17 Exhibit 16 - Deposition of Christopher Moreira 8.11.2021, #18 Exhibit 17 - Peter Kent Declaration, #19 Exhibit 18 - Deposition of Anna Lewis, #20 Exhibit 19 - Deposition of Marc Buro, #21 Exhibit 20 - Deposition of Jesse Beal, #22 Exhibit 21 - Deposition of Christopher Moreira 6.23.2020)(Webb, Nathaniel)
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Order [non-document] granting defendant's #136 Motion for leave to exceed page limitations Under Local Rule 7.1(f). Defendants' indication that they intend to move for summary judgment on all claims and counterclaims, Plaintiff's page limitation is also enlarged from 20 to 40 pages in response to Defendants' motion for summary judgment. In light of this, the parties may file cross motions for summary judgment and responses, but no replies will be permitted absent leave of court. Magistrate Judge Carmen E. Henderson on 3/3/2022. (W,K)
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Filing 136
Motion for leave to exceed page limitations Under Local Rule 7.1(f) filed by Taylor Murray, Teledrip LLC, Taylor Murray, Teledrip LLC, Teledrip LLC, Teledrip LLC. (Webb, Nathaniel)
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Filing 135
Attorney Appearance by Ethan J. Peters filed by on behalf of Taylor Murray, Teledrip LLC. (Peters, Ethan)
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Filing 134
SEALED Motion Reply Brief #37 , #129 filed by Plaintiff Drips Holdings, LLC. Related document(s) #37 , #129 . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Hartman, Ruth)
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Filing 133
Motion to substitute counsel and admit Jack Battaglia pro hac vice. Filing fee not paid filed by Taylor Murray, Teledrip LLC. (Attachments: #1 Exhibit Declaration of Jack Battaglia)(Uhrman, Margo) Modified text and attorney notified on 2/14/2022 (M,TL).
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Filing 132
SEALED Document: Opposition to Plaintiff's Motion for Spoliation Sanctions filed by Taylor Murray, Teledrip LLC. Related document(s) #37 , #129 . (Attachments: #1 Exhibit A - Drips Standard Character Mark Application, #2 Exhibit B - Drips Service Mark Application, #3 Exhibit C - Drip Networking Application, #4 Exhibit D - Drips Standard Character Mark Application, #5 Exhibit E - Teledrip Application, #6 Exhibit F - June 30, 2018 Email, #7 Exhibit G - November 3, 2014 Email, #8 Exhibit H - June 10, 2016 Email, #9 Exhibit I - Laible Deposition, #10 Exhibit J - Evans Deposition, #11 Exhibit K - May 22, 2019 Email, #12 Exhibit L - Drips Client Agreement, #13 Exhibit M - Teledrip Client Agreement, #14 Exhibit N - January 31, 2019 Email, #15 Exhibit O - January 30, 2019 Message, #16 Exhibit P - Hernandez Deposition, #17 Exhibit Q - Training Spreadsheet, #18 Exhibit R - Teledrip5032 Teledrip Policy, #19 Exhibit S - Teledrip4861 Hernandez-Murray Text Messages, #20 Exhibit T - Murray May 14, 2021 Deposition, #21 Exhibit U Slack Retention Log, #22 Exhibit V - Murray Declaration, #23 Errata Exhibit W - Cease-And-Desist Letter, #24 Exhibit X - Murray May 13, 2021 Deposition, #25 Exhibit Y - Teledrip Certificate of Formation, #26 Exhibit Z - Drips Incorporation, #27 Exhibit AA - Martindale June 23, 2021 Deposition, #28 Exhibit BB - Murray May 13, 2021 Deposition, #29 Exhibit CC - Letter from Moreiras Counsel, #30 Exhibit DD - Budd Deposition, #31 Exhibit EE - Moreira June 23, 2020 Deposition, #32 Exhibit FF - March 20, 2017 Email, #33 Exhibit GG - Change Log, #34 Exhibit HH - Hernandez Declaration, #35 Exhibit II - Slack Message)(Webb, Nathaniel)
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Order [non-document] granting defendant's #131 Unopposed Motion for Extension of Time to Brief Plaintiff's Motion for Spoliation Sanctions. Magistrate Judge Carmen E. Henderson on 1/18/2022.(W,K)
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Filing 131
Unopposed Motion for Extension of Time to Brief Plaintiff's Motion for Spoliation Sanctions filed by Defendant Teledrip LLC. Related document(s) #129 . (Webb, Nathaniel)
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Filing 130
Memorandum Opinion and Order. On 12/7/21, the Magistrate Judge in this matter submitted a report and recommendation (Doc. #124 ) recommending the denial of Plaintiff's ("Drips") motion for leave to amend its complaint (Doc. #109 ). No objections have been filed. Accordingly, the report and recommendation of the Magistrate Judge is hereby adopted. Drips' motion for leave to amend its complaint is DENIED. Judge John R. Adams on 01/03/2022. (M,TL)
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Filing 129
SEALED Motion for Sanctions #37 filed by Plaintiff Drips Holdings, LLC. Related document(s) #37 . (Attachments: #1 Declaration of Christina J. Moser, #2 Exhibit 1 - TD Code Commit Log, #3 Exhibit 2 - Budd Tr., #4 Exhibit 3 - Call Log, #5 Exhibit 4 - Drips.io Reg., #6 Exhibit 5 - Github Notification, #7 Exhibit 6 - Murray May 13 Tr., #8 Exhibit 7 - Cease and Desist, #9 Exhibit 8 - Drip.ai Domain Reg., #10 Exhibit 9 - Moreira June 23 Tr., #11 Exhibit 10 - MOREIRA000165 Emails, #12 Exhibit 11 - TD Cert of Formation, #13 Exhibit 12 - Murray May 14 Tr., #14 Exhibit 13 - TD Slack Creation Log, #15 Exhibit 14 - Hernandez User Log, #16 Exhibit 15 - Budd User Log, #17 Exhibit 16 - Laible User Log, #18 Exhibit 17 - Fernandez User Log, #19 Exhibit 18 - Murray User Log, #20 Exhibit 19 - Hernandez Tr., #21 Exhibit 20 - Fernandez Tr., #22 Exhibit 21 - TD Slack Screenshot, #23 Exhibit 22 - TD Sales Slack Screenshot, #24 Exhibit 23 - TD Private Channel Slack Chat, #25 Exhibit 24 - Murray - Moreira Texts, #26 Exhibit 25 - Amend to TD Operating Agr, #27 Exhibit 26 - Murray-Fernandez-Hernandez Texts, #28 Exhibit 27 - Murray-Budd Texts, #29 Exhibit 28 - Murray-Hernandez Texts, #30 Exhibit 29 - Moreira-Murray Emails, #31 Exhibit 30 - TD Slack Data Retention Log, #32 Exhibit 31 - TD Slack Export Log, #33 Exhibit 32 - Kubish Email, #34 Exhibit 33 - Kubish Ltr, #35 Exhibit 34 - May 2020 Email Thread, #36 Exhibit 35 - July 2020 Email Thread, #37 Exhibit 36 - Sept 2020 Email, #38 Exhibit 37 - Moreira Aug. 11 Tr., #39 Exhibit 38 - Drips First Set of RFPs, #40 Exhibit 39 - Laible Tr.)(Moser, Christina)
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Filing 128
Exhibit A - Declaration of Walter Kawula filed by Taylor Murray, Teledrip LLC, Taylor Murray, Teledrip LLC, Teledrip LLC, Teledrip LLC. Related document(s) #127 . (Uhrman, Margo) Modified event and text on 12/29/2021 (M,TL).
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Order [non-document] granting Motion for appearance pro hac vice by attorney Walter Kawula for Taylor Murray and Teledrip LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #127 ). Judge John R. Adams on 12/28/2021.(M,TL)
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Filing 127
Motion for attorney Walter Kawula to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11196439, filed by Taylor Murray, Teledrip LLC, Teledrip LLC, Teledrip LLC, Defendant Teledrip LLC. (Attachments: #1 Exhibit A - Declaration of Walter Kawula (document does not contain an original signature))(Uhrman, Margo) Modified text on 12/28/2021 (M,TL).
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Filing 126
Memorandum of Opinion and Order: Murray's objections are OVERRULED. The Report and Recommendation is ADOPTED IN WHOLE. Murray's motion to dismiss is hereby denied. Judge John R. Adams on 12/20/2021. (Related documents #68 , #108 , #112 , and #115 ) (O,K)
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Order [non-document] granting the Joint Motion to Amend Scheduling Order (Related Doc #125 ). Accordingly, the amended deadline for completion of expert discovery is 2/14/2022; the deadline for filing dispositive motions is 3/16/2022. Magistrate Judge Carmen E. Henderson on 12/13/2021.(G,M)
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Filing 125
Joint Motion To Amend Scheduling Order filed by Taylor Murray, Teledrip LLC, Taylor Murray, Teledrip LLC. (Webb, Nathaniel)
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Filing 124
Report and Recommendation: For the reasons set forth herein, the Court recommends denying Drips's #109 Motion to amend complaint. Objections to Report & Recommendation due by 12/21/2021. Magistrate Judge Carmen E. Henderson on 12/7/2021. (W,K)
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| Filing 123 REPLY filed by Drips Holdings, LLC. Related document(s) #120 . (Moser, Christina) |
| Filing 122 Objection Defendants' Opposition to Plaintiff Drips' Objections to and Appeal of Order Re Plaintiffs' Motion to Extend Deadlines filed by Teledrip LLC. Related document(s) #120 . (Webb, Nathaniel) |
| Filing 121 SEALED Document:Notice of Filing Sealed Documents filed by Drips Holdings, LLC. Related document(s) #37 , #120 . (Attachments: #1 Exhibit A - Drips August 27 Letter, #2 Exhibit B - Drips August 31 Letter, #3 Exhibit C - Teledrip Sept 7 Letter, #4 Exhibit D - Drips Sept 8 Letter, #5 Exhibit E - Teledrip September 4, 2020 Letter)(Moser, Christina) |
| Filing 120 Objection to and Appeal of September 14, 2021 Order [DE #119 ] RE Plaintiff's Motion to Extend Deadlines [DE #117 ] filed by Drips Holdings, LLC. (Moser, Christina) |
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Filing 119
Order denying Plaintiff's #117 Motion for leave to Extend Deadlines. For the foregoing reasons, as well as those stated orally by the Court, Plaintiff's motion for the Court to review the merits of the August 27, 2021 and August 31, 2021 discovery disputes is DENIED. Additionally, Plaintiff's request for the Court to adjust the expert disclosure and discovery deadlines is DENIED. Magistrate Judge Carmen E. Henderson on 9/14/2021. (W,K)
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| Minutes of proceedings [non-document] before Magistrate Judge Carmen E. Henderson. Status Conference held on 9/9/2021. On September 9, 2021, the Court held a follow-up, in person conference to discuss Plaintiff's discovery disputes noticed on August 27, 2021 and August 31, 2021. Christina Moser attended on behalf of Plaintiff. Nathaniel Webb and Margo Uhrman attended on behalf of Defendants. During the hearing, the Court heard argument from the parties and orally denied Plaintiff's Motion for leave to Extend Deadlines (ECF No. #117 ). (Court Reporter: ECRO - M. Gorby.) Time: 30 minutes (W,K) |
| Filing 118 Reply in Support of Appeal and Objections to the Magistrate's July 28, 2021 Report and Recommendation Regarding Personal Jurisdiction [ECF #108 ] filed by Taylor Murray, Teledrip LLC. Related document(s) #112 . (Webb, Nathaniel) |
| Filing 117 Motion for leave to Extend Deadlines filed by Plaintiff Drips Holdings, LLC. (Attachments: #1 Declaration of Christina J. Moser, #2 Exhibit 1- July 15 Deficiency Letter, #3 Exhibit 2 - July 19 Email, #4 Exhibit 3 - July 23 Email, #5 Exhibit 4 - Teledrip Ltr to Drips, #6 Exhibit 5 - Emails re August 6 Meeting, #7 Exhibit 6 - August 9 Emails, #8 Exhibit 7 - August 10 Emails, #9 Exhibit 8 - August 11 Emails, #10 Exhibit 9 - August 13 Emails, #11 Exhibit 10 - August 16 Email, #12 Exhibit 11 - August 18 Emails, #13 Exhibit 12 - Drips August 27 Ltr to Court, #14 Exhibit 13 - August 27-31 Emails, #15 Exhibit 14 - Drips August 31 Ltr to Court, #16 Exhibit 15 - Teledrip August 31 Ltr to Court, #17 Exhibit 16 - Teledrip September 1 Email to Court)(Moser, Christina) |
| Minutes of proceedings [non-document] before Magistrate Judge Carmen E. Henderson. The Court held a status conference on September 1, 2021, during which the parties updated the court on the status of the depositions. The parties acknowledged that the fact discovery deadline concluded on July 12, 2021, with the exception of specific depositions for which the court previously extended the deadline to August 26, 2021. Additionally, the court heard arguments regarding two discovery disputes raised by Plaintiff (emailed to the court on August 27, 2021 and August 31, 2021). A follow up status conference is scheduled for September 9, 2021 at 1:00 PM to be held IN PERSON at United States Courthouse, 125 Market Street, Youngstown, Ohio before the Honorable Carmen E. Henderson, United States Magistrate Judge. Defendants shall submit responses to Plaintiff's discovery dispute emails by September 7, 2021. Plaintiff shall submit its replies in support of both of its discovery dispute letters by September 8, 2021. The parties' responses/replies shall be submitted via chambers email and should be as brief as possible but no more than 15 pages. Time: 32 minutes (W,K) |
| Filing 116 Reply in support of #109 Motion to amend complaint instanter filed by Drips Holdings, LLC. (Attachments: #1 Declaration of Uri Litvak)(Moser, Christina) |
| Filing 115 SEALED Document:Response to Appeal and Objections by Defendant Taylor Murray filed by Drips Holdings, LLC. Related document(s) #37 , #112 . (Moser, Christina) |
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Filing 114
Order Consistent with the parties' protective order, Document #113 -1 is hereby ordered SEALED. Judge John R. Adams on 08/20/2021. (M,TL)
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| Filing 113 Opposition to #109 Motion to amend complaint instanter filed by Taylor Murray, Teledrip LLC. (Attachments: #1 SEALED - PER ORDER #114 Exhibit 1 - Martindale deposition excerpt, #2 Exhibit 2 - Declaration of Nathan B. Webb, #3 Exhibit 3 - Webb email)(Webb, Nathaniel) Modified text on 8/23/2021 (M,TL). |
| Filing 112 SEALED Document: Appeal and Objections to Magistrate's #108 July 28, 2021 Report and Recommendation Regarding Personal Jurisdiction filed by Teledrip LLC. Related document(s) #37 . (Attachments: #1 Exhibit A-Declaration of Taylor Murray, #2 Exhibit B-email chain, #3 Exhibit C-discovery responses, #4 Exhibit D-customer list, #5 Exhibit E-non-Ohio customers)(Webb, Nathaniel) |
| Filing 111 Answer to #67 Amended complaint and Affirmative Defenses filed by Taylor Murray, Teledrip LLC. (Webb, Nathaniel) |
| Filing 110 SEALED Document:Appendix of Exhibits in support of Motion for Leave to Amend Complaint Instanter filed by Drips Holdings, LLC. Related document(s) #37 , #109 . (Attachments: #1 Exhibit 3 - Laible Transcript, #2 Exhibit 5 - Teledrip Texts, #3 Exhibit 6 - Budd Transcript)(Moser, Christina) |
| Filing 109 Motion to amend complaint instanter filed by Plaintiff Drips Holdings, LLC. (Attachments: #1 Exhibit 1 - Proposed Fourth Amended Complaint, #2 Exhibit 2 - Redlined Complaint, #3 Exhibit 4 - Moreira Transcript)(Moser, Christina) |
| Filing 108 Report and Recommendation: For the reasons explained within, the undersigned recommends that the Court DENY Murray's #68 Motion to dismiss Third Amended Complaint for Lack of Personal Jurisdiction, pursuant to Fed. R. Civ. P. 12(b)(2). Objections to Report & Recommendation due by 8/11/2021. Magistrate Judge Carmen E. Henderson on 7/28/2021. (W,K) |
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Filing 107
Order denying without prejudice defendant's #106 Motion to compel discovery. The parties shall meet and confer in person or via telephone to discuss their discovery dispute and shall endeavor in good faith to resolve it prior to involving the Court. Magistrate Judge Carmen E. Henderson on 7/19/2021. (Related Document #65 ) (W,K)
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| Filing 106 Motion to compel discovery filed by Taylor Murray, Teledrip LLC. (Attachments: #1 Exhibit 1 - discovery responses, #2 Exhibit 2 - February 15, 2021 letter, #3 Exhibit 3 - February 16, 2021 email, #4 Exhibit 4 - metadata spreadsheet, #5 Exhibit 5 - May 3, 2021 letter, #6 Exhibit 6 - June 9, 2021 email, #7 Exhibit 7 - June 9, 2021 email, #8 Exhibit 8 - June 11, 2021 email, #9 Exhibit 9 - June 22, 2021 email, #10 Exhibit 10 - 2017 document)(Webb, Nathaniel) |
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Filing 105
Order granting Plaintiff Drips Holdings, LLCs motion for additional depositions (ECF No. #99 ) and GRANTS Plaintiff Drips Holdings, LLCs motion to de-designate Moreira documents and testimony (ECF No. #100 ). Magistrate Judge Carmen E. Henderson on 7/1/2021. (W,K)
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| Minutes of proceedings [non-document] A teleconference before Magistrate Judge Henderson was held on June 30, 2021 to discuss discovery issues raised by Plaintiff Drips in a letter sent to the Court pursuant to LR 37.1. In the initial letter, Drips raised two issues: 1) the validity of Teledrips subpoena to redepose non-party witness Christopher Moreira; and 2) a request for sanctions for spoliation of evidence. Teledrip responded to Dripss letter and Drips then sent a reply letter to the Court prior to the conference. During the conference, the Court construed Teledrips response as a request for leave to redepose a witness under Fed. R. Civ. P. 30(a)(2). The Court GRANTS Teledrip leave to depose Christopher Moreira and further orders that Teledrips deposition of Moreira be completed within 4 hours. Additionally, the parties requested an extension of the current deadlines. The Court GRANTS the request. Fact discovery deadline: August 26, 2021; Deadline for opening expert reports by party bearing burden of proof: October 14, 2021; Deadline for responsive expert reports: November 26, 2021; Deadline for completion of expert discovery: January 13, 2022; and Deadline for filing dispositive motions: February 10, 2022. Additionally, the status conference currently scheduled for July 22, 2021 is rescheduled for September 1, 2021 at 11:00 am. The Court instructed Drips to formally file a motion for sanctions regarding the spoliation of evidence in the event that it remains an issue. Time: 35 minutes (W,K) |
| Filing 104 SEALED Document:Reply in support of Motion to Dedesignate filed by Drips Holdings, LLC. Related document(s) #37 , #100 . (Attachments: #1 Declaration of Christina J. Moser, #2 Exhibit 8 - Young Texts, #3 Exhibit 9 - Produced Texts)(Moser, Christina) |
| Filing 103 SEALED Document:Reply in support of Motion for Additional Depositions filed by Drips Holdings, LLC. Related document(s) #37 , #99 . (Attachments: #1 Exhibit E - Email, #2 Exhibit F - Amended Disclosures, #3 Exhibit G - Initial Disclosures, #4 Exhibit H - Fernandez Dep, #5 Exhibit I - Hernandez Dep)(Moser, Christina) |
| IMPORTANT: Notice [non-document] of Telephone Conference set for 6/30/2021 at 11:00 AM to be held telephonically before Magistrate Judge Carmen E. Henderson. The court will host the conference call and inform counsel by way of separate email of the telephone number for the conference call. (W,K) |
| Filing 102 SEALED Document:Defendant's Opposition to Plaintiff's Motion to Compel De-Designation of Moreira Documents and Testimony filed by Teledrip LLC. Related document(s) #37 , #100 . (Attachments: #1 Ex. A - Text Message, #2 Ex. B - 2020.01.16 Email Communications, #3 Ex. C - 2021.06.08 Letter, #4 Ex. D - 2017.11.28 Email Communications, #5 Ex. E - 2021.06.18 Declaration of M. Uhrman, #6 Ex. F - 2021.06.16 Plaintiff Drips' Objections to Defendants' 30(B)(6) Notice, #7 Ex. G - Proposed Redacted Version of Confidential Documents)(Uhrman, Margo) |
| Filing 101 SEALED Document:Defendant's Opposition to Plaintiff's Motion for Leave for Additional Fact Depositions filed by Teledrip LLC. Related document(s) #37 , #99 . (Attachments: #1 Ex. A - Third Supplemental Initial Disclosures, #2 Ex. B - 2021.06.09 Email Communications, #3 Ex. C - Deposition Excerpts)(Webb, Nathaniel) |
| Filing 100 SEALED Motion: to De-designate Moreira Documents and Testimony filed by Drips Holdings, LLC. Related document(s) #37 . (Attachments: #1 Declaration of Christina J. Moser, #2 Exhibit 1 - MOREIRA000163-164, #3 Exhibit 2 - Moreira Deposition, #4 Exhibit 3 - Budd Deposition, #5 Exhibit 4 - May 27 2020 Email, #6 Exhibit 5 - Slack Deletion Log, #7 Exhibit 6 - September 4 2020 Letter, #8 Exhibit 7 - September 15 2020 Email)(Moser, Christina) Modified event on 6/17/2021 (M,TL). |
| Filing 99 SEALED Motion: for Additional Depositions filed by Drips Holdings, LLC. Related document(s) #37 . (Attachments: #1 Exhibit A - Feb 4 Email, #2 Exhibit B - Murray 30(b)(6), #3 Exhibit C - May 19 Email, #4 Exhibit D - May 26 Email)(Moser, Christina) Modified event on 6/17/2021 (M,TL). |
| Filing 98 Attorney Appearance of Ruth Hartman and Sarah Spring filed on behalf of Drips Holdings, LLC. (Hartman, Ruth) |
| Filing 97 SEALED Document:Declaration of Christina J. Moser filed by Drips Holdings, LLC. Related document(s) #37 , #96 . (Moser, Christina) |
| Filing 96 Reply In Support of Appeal of and Objections to April 15 Order [DE #91 ] filed by Drips Holdings, LLC. Related document(s) #93 , #80 . (Moser, Christina) |
| Filing 95 Opposition to Plaintiff's #93 appeal of and objections to the Magistrate Judge's Order re Plaintiff's #80 Motion for protective order filed by Teledrip LLC. (Uhrman, Margo) |
| Filing 94 SEALED Document: Exhibits in Support of Objections to April 15 Order filed by Drips Holdings, LLC. Related documents #37 , #93 . (Attachments: #1 Errata A - April 5, 2021 Email, #2 Exhibit B - April 23, 2021 Objections)(Moser, Christina) |
| Filing 93 Appeal of and Objections to April 15,2021 Magistrate Order #91 re Drips March 12, 2021 Motion for a Protective Order #80 filed by Drips Holdings, LLC. (Moser, Christina) |
| Filing 92 Joint Status Report filed by Drips Holdings, LLC. (Moser, Christina) |
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Filing 91
Order denying plaintiff's #80 Motion for protective order. Magistrate Judge Carmen E. Henderson on 4/15/2021. (W,K)
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| Filing 90 Reply in Support of Appeal of March 3 Order filed by Drips Holdings, LLC. Related documents #79 , #82 . (Moser, Christina) |
| Filing 89 SEALED Document:Exhibits in Support of Reply filed by Drips Holdings, LLC. Related document(s) #37 , #88 . (Attachments: #1 Exhibit 5, #2 Exhibit 6 - March 16 Email, #3 Exhibit 7 - March 15-16 Emails, #4 Exhibit 8 - March 15-30 Emails)(Moser, Christina) |
| Filing 88 Reply in support of #80 Motion for protective order filed by Drips Holdings, LLC. (Attachments: #1 Supplemental Moser Declaration)(Moser, Christina) |
| Filing 87 Opposition to Plaintiff Drips' Objections/Appeal of DE 79, March 3, 2021 Order Re: Drips "Emergency" Motion for a Protective Order filed by Teledrip LLC. Related document(s) #82 .(Uhrman, Margo) |
| Filing 86 Joint Status Report filed by Drips Holdings, LLC. (Moser, Christina) |
| Filing 85 SEALED Document:(Declaration of Margo N. Urhman (Ex. A) and Exs B-I in Support of Teledrip's Opposition to Motion for Protective Order) filed by Teledrip LLC. Related document(s) #37 , #84 . (Attachments: #1 Exhibit B to Uhrman Declaration, #2 Exhibit C to Uhrman Declaration, #3 Exhibit D to Uhrman Declaration, #4 Exhibit E to Uhrman Declaration, #5 Exhibit F to Uhrman Declaration, #6 Exhibit G to Uhrman Declaration, #7 Exhibit H to Uhrman Declaration, #8 Exhibit I to Uhrman Declaration)(Uhrman, Margo) |
| Filing 84 Opposition to #80 Motion for protective order and Motion for Fees filed by Teledrip LLC. (Uhrman, Margo) |
| Filing 83 SEALED Document:Notice of Filing Exhibit A Under Seal filed by Drips Holdings, LLC. Related document(s) #37 , #82 . (Attachments: #1 Exhibit A - Teledrip March 3, 2021 Email (confidential))(Moser, Christina) |
| Filing 82 Objection and Appeal of Portions of March 3, 2021 Order filed by Drips Holdings, LLC. Related document(s) #79 . (Attachments: #1 Exhibit A - Teledrip March 3, 2021 Email (redacted)) (Moser, Christina) |
| Filing 81 SEALED Document:Declaration and Exhibits in support of Motion for Protective Order filed by Drips Holdings, LLC. Related document(s) #37 , #80 . (Attachments: #1 Declaration of Aaron Christopher Evans AEO, #2 Exhibit 1 - March 12 Email AEO, #3 Exhibit 2 - March 5 Email CONFIDENTIAL, #4 Exhibit 3 - March 9 Email CONFIDENTIAL)(Moser, Christina) |
| Filing 80 Motion for protective order filed by Drips Holdings, LLC. (Attachments: #1 Declaration of Christina J. Moser, #2 Declaration of Aaron Christopher Evans (redacted), #3 Exhibit 1 - March 12 Email (redacted), #4 Exhibit 2 - March 5 Email (redacted), #5 Exhibit 3 - March 9 Email (redacted), #6 Exhibit 4 - Mac Murray Shuster Bio)(Moser, Christina) |
| Filing 79 Minute Order of Telephone Conference held on 3/1/2021. Plaintiff's #74 Emergency Motion for protective order is denied in part, granted in part, and denied as moot in part. Magistrate Judge Carmen E. Henderson on 3/3/2021. Time: 30 minutes (W,K) |
| Filing 78 SEALED Document: Exhibits B-H to Teledrip's Opposition to Emergency Motion for Protective Order (Document unsigned) filed by Teledrip LLC. Related document(s) #37 , #77 . (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H)(Uhrman, Margo) |
| Filing 77 Opposition to #74 Emergency Motion for protective order filed by Teledrip LLC. (Attachments: #1 Exhibit A - Declaration of Margo N. Uhrman)(Uhrman, Margo) |
| Filing 76 Notice of Filing Redacted Documents re Plaintiff's Emergency Motion for a Protective Order filed by Drips Holdings, LLC. (Attachments: #1 Redacted Declaration of Aaron Christopher Evans, #2 Exhibit A - Feb 18, 2021 SDT Redacted, #3 Exhibit D - Summary of SDT Redacted)Related document(s) #75 , #74 .(Moser, Christina) |
| Filing 75 SEALED Document:Declaration of Aaron Christopher Evans in Support of Emergency Motion for Protective Order filed by Drips Holdings, LLC. Related document(s) #37 , #74 . (Attachments: #1 Exhibit A - Teledrip Subpoenas, #2 Exhibit D - Summary of Teledrip Subpoenas)(Moser, Christina) |
| Filing 74 Emergency Motion for protective order filed by Drips Holdings, LLC, Drips Holdings, LLC, Drips Holdings, LLC, Plaintiff Drips Holdings, LLC. (Attachments: #1 Declaration of Christina J. Moser, #2 Exhibit B - Feb 18 Moser Email, #3 Exhibit C - Feb 24 Moser Email)(Moser, Christina) |
| IMPORTANT: Notice [non-document] of Telephone Conference re #74 Emergency Motion for protective order set for 3/1/2021 at 3:00 PM in to be held telephonically before Magistrate Judge Carmen E. Henderson. In addition, Defendant Teledrips should file its response to Plaintiffs motion no later than NOON on Monday, March 1, 2021. (W,K) |
| Minutes of proceedings: [non-document] Status conference held 2/17/2021 before Magistrate Judge Henderson. Christine Moser appeared on behalf of plaintiff. Nathan Webb appeared on behalf of defendants. The parties joint motion for extension of the remaining deadlines (ECF No. #73 ) is GRANTED. The dates are extended as follows: Fact discovery deadline: July 12, 2021; Deadline for opening expert reports by party bearing burden of proof: August 30, 2021; Deadline for responsive expert reports: October 12, 2021; Deadline for completion of expert discovery: November 29, 2021; and Deadline for filing dispositive motions: December 27, 2021. By March 1, 2021, the parties shall notify the court by email at Henderson_Chambers@ohnd.uscourts.gov of their intent to pursue private mediation. Time: 13 minutes (W,K) |
| IMPORTANT: Notice [non-document] of Telephone Conference re #73 Joint Motion for extension of all remaining deadlines set for 2/17/2021 at 11:00 AM to be held telephonically before Magistrate Judge Carmen E. Henderson. (W,K) |
| Filing 73 Joint Motion for extension of all remaining deadlines until 120 days filed by Plaintiff Drips Holdings, LLC. (Moser, Christina) |
| Filing 72 SEALED Document: Reply in Support of Motion to Dismiss Plaintiff's Third Amended Complaint for Lack of Personal Jurisdiction filed by Taylor Murray. Related document(s) #37 , #68 . (Attachments: #1 Exhibit 1 - Budd Deposition, #2 Exhibit 2 - Drips Marketing Material, #3 Exhibit 3 - Drips Marketing Material, #4 Exhibit 4 - Access Agreement to Data Transmission, #5 Exhibit 5 - Terms of Service, #6 Exhibit 6 - Drips Email, #7 Exhibit 7 - Drips Email, #8 Exhibit 8 - Teledrip Email, #9 Exhibit 9 - Teledrip Email, #10 Exhibit 10 - Conversational SMS Registration)(Webb, Nathaniel) |
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Filing 71
SEALED Document:Opposition to Motion to Dismiss filed by Drips Holdings, LLC. Related document(s) #37 , #68 . (Attachments: #1 Moser Declaration, #2 Ex 1 - Ca SOS, #3 Ex 2 - Phone Records, #4 Ex 3 - Budd, #5 Ex 4 - Moreira, #6 Ex 5 - Agreement, #7 Ex 6 - Paypal, #8 Ex 7 - Email, #9 Ex 8 - Agreement, #10 Ex 9 Code Commits)(Moser, Christina)
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Pursuant to the parties' joint request, the court amends the case management deadlines as follows: a. Deadline for fact discovery: March 12, 2021; b. Deadline for Plaintiff and Counter-claimant to serve opening expert reports: April 30, 2021; c. Deadline for Defendant and Counter-defendant to serve responsive expert reports: June 14, 2021; d. Deadline for completing expert discovery: July 29, 2021; and e. Deadline for filing dispositive motions: August 27, 2021. Additionally, the status conference for February 16, 2021 is rescheduled for July 22, 2021 at 10:00 a.m. NO FURTHER EXTENSIONS TO THE DISCOVERY OR MOTION DEADLINES WILL BE GIVEN ABSENT GOOD CAUSE. Magistrate Judge Carmen E. Henderson on 12/22/2020. (W,K)).
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Filing 70
Joint Status Report filed by Drips Holdings, LLC. (Moser, Christina)
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Filing 69
Answer to #67 Amended complaint , Counterclaim against Drips Holdings, LLC filed by Teledrip LLC. (Webb, Nathaniel)
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Filing 68
Motion to dismiss Third Amended Complaint for Lack of Personal Jurisdiction and Memorandum in Support filed by Defendant Taylor Murray. Related document(s) #67 . (Attachments: #1 Exhibit A-Declaration of Taylor Murray)(Webb, Nathaniel)
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Filing 67
Third Amended complaint against John Does 1-5, Teledrip LLC and adding new party defendant(s) Taylor Murray. Filed by Drips Holdings, LLC. (Moser, Christina) Modified text on 12/10/2020 (M,TL).
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Minutes of proceedings [non-document] before Magistrate Judge Carmen E. Henderson. On December 1, 2020, the court held a hearing on third-party Avaruss motion to quash or modify Defendant Teledrip, LLCs subpoena to third-party Namecheap, Inc. (ECF No. #46 ); specifically, Avarus objected to document request numbers 3, 4, 5, and 8. As noted in the hearing, the Court GRANTS Avaruss motion to quash the subpoena with respect to document request numbers 3, 4, 5 and 8. By agreement of both Teledrip and Avarus, Defendant Teledrip, LLC shall issue a new subpoena to Namecheap limiting request number 3 by requesting only the name and address of the person(s) billed, and limiting the requests in 4, 5, and 8 specifically to drips.cm as discussed during the hearing. Prior to Namecheaps disclosure to Teledrip, Avarus shall be given an opportunity to review Namecheaps responsive documents to determine whether any should be designated Attorneys Eyes Only or confidential under the parties Protective Order dated April 2, 2020. (Court Reporter: None) Time: 1 hour (W,K)
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Filing 66
Amended Case Management Conference Order. In light of the district court's referral of this matter on November 19, 2020 (ECF No. #65 ), the court amends previous orders of the court as follows: Deadline for completing non-fact discovery is March 12, 2021, Deadline for completing expert discovery is April 12, 2021, and Deadline for filing dispositive motions is May 14, 2021. Any requests for an extension of time shall be filed at least three days prior to the deadline. Furthermore, a Telephone Conference is scheduled for 02/16/2021 at 10:00 AM before Magistrate Judge Henderson. The parties shall dial into the Courts bridge line at least five minutes prior to the scheduled conference time. The court will host the conference call and inform counsel by way of separate email of the telephone number for the conference call. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Magistrate Judge Carmen E. Henderson on 11/20/2020. (W,K)
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Order [non-document] denying defendant's #61 Motion to strike Plaintiffs Reply in Support of Motion for Leave to File Third Amended Complaint and Memorandum in Support. Magistrate Judge Carmen E. Henderson on 11/20/2020. (W,K)
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IMPORTANT: Notice [non-document] of Hearing regarding #46 Third Party Motion to quash or Modify Defendant Teledrip, LLC's Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action to Namecheap, Inc. and/or Motion for protective order . A Telephone Conference is set for 12/1/2020 at 01:00 PM before Magistrate Judge Carmen E. Henderson. The court will host the conference call and inform counsel by way of separate email of the telephone number for the conference call. (W,K)
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Order: [non-document] Plaintiff's #53 Motion for leave to file third amended complaint instanter is GRANTED. Leave to amend pleadings must be freely given. Fed. R. Civ. P. 15(a). Plaintiff moved to file the Third Amended Complaint prior to the deadline to amend pleadings. Defendants personal jurisdiction argument will be addressed at the appropriate time should it be properly raised. Plaintiffs Third Amended Complaint is deemed filed as of 7/17/2020. For purposes of the clarity of the record, Plaintiff shall separately files its Third Amended Complaint within three days of this Order. Magistrate Judge Carmen E. Henderson on 11/20/2020. (W,K)
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Filing 65
Order referring case to Magistrate Judge Carmen E. Henderson for general pretrial supervision to include a Report & Recommendation on any dispositive motions. Judge John R. Adams on 11/19/2020. (L,J)
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Filing 64
Attorney Appearance by Margo N. Uhrman filed by on behalf of Teledrip LLC. (Uhrman, Margo)
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Filing 63
Reply in support of #61 Motion to strike Plaintiffs Reply in Support of Motion for Leave to File Third Amended Complaint filed by Teledrip LLC. (Webb, Nathaniel)
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Filing 62
Opposition to #61 Motion to strike Plaintiffs Reply in Support of Motion for Leave to File Third Amended Complaint instanter filed by Drips Holdings, LLC. (Moser, Christina)
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Filing 61
Motion to strike Plaintiffs Reply in Support of Motion for Leave to File Third Amended Complaint and Memorandum in Support filed by Teledrip LLC . Related documents #53 , #56 and #57 . (Attachments: #1 Email of 7/9/20, #2 Email of 7/15/20)(Webb, Nathaniel) Modified text on 9/22/2020 (M,TL).
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Filing 60
Order that the Order of Referral (re #59 ) is vacated. (Referral terminated.) Further, the case is returned to the Clerk of Court for proper Magistrate Judge assignment of Magistrate Judge Carmen E. Henderson. Judge John R. Adams on 8/7/20. (K,C)
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Reassignment of Magistrate Judge. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. Related Document #60 . (T,Je)
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Filing 59
VACATED- Order that this matter shall be referred to Magistrate Judge Kathleen B. Burke for consideration of, and reports and recommendations on, the pending motions and any other pretrial motions that may be filed in the case. Magistrate Judge Burke shall have the authority to schedule conferences and issue procedural orders regarding any such motions. (re #53 Motion for leave to file third amended complaint instanter filed by Drips Holdings, LLC, and #46 Third Party Motion to quash or Modify Defendant Teledrip, LLC's Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action to Namecheap, Inc. and/or Motion for protective order filed by Avarus). Judge John R. Adams on 8/5/20. (K,C) Order vacted pursuant to order #60 on 8/7/2020 (K,C).
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Re-Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (M,TL)
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Filing 58
Supplemental Certificate of Service of DE 56, Reply In Support of Motion to Amend [DE 53] filed under seal filed by Drips Holdings, LLC. Related documents #53 , #56 .(Moser, Christina)
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Filing 57
Reply in support of #53 Motion for leave to file third amended complaint instanter REDACTED (see under seal event) filed by Drips Holdings, LLC. (Attachments: #1 Declaration of Christina J. Moser, #2 Exhibit 3 - Definition of Hacking, #3 Exhibit 4 - REDACTED Moreira Transcript, #4 Exhibit 5 - Document Preservation Notice, #5 Exhibit 6 - Teledrip Slack Retention Log, #6 Exhibit 7 - May 27, 2020 Email, #7 Exhibit 8 - REDACTED Drips Response to Interrogatory 11, #8 Exhibit 9 - REDACTED Slack Discussion MOERIRA000163-64, #9 Exhibit 10 - YTCracker Article, #10 Exhibit 11 - "Trade Secrets" Spamtec Lyrics, #11 Exhibit 12 - California SOS Foreign Registration for Teledrip, #12 Exhibit 13 - REDACTED Murray Code Commits)(Moser, Christina)
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Filing 56
SEALED Document:Reply in Support of Motion to Amend Complaint filed by Drips Holdings, LLC. Related document(s) #37 , #53 . (Attachments: #1 Declaration of Christina J. Moser, #2 Exhibit 3 - Definition of Hack, #3 Exhibit 4 - Moreira Deposition AEO, #4 Exhibit 5 - Drips Document Preservation Notice Letter, #5 Exhibit 6 - Teledrip Slack Retention Log, #6 Exhibit 7 - May 27, 2020 Email, #7 Exhibit 8 - AEO Response to Interrogatory 11, #8 Exhibit 9 - AEO Slack Discussion MOREIRA0000163-64, #9 Exhibit 10 - YTCracker Article, #10 Exhibit 11 - "Trade Secrets" Lyrics, #11 Exhibit 12 - California SOS Foreign Registration for Teledrip, #12 Exhibit 13 - Murray Code Commits)(Moser, Christina)
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Filing 55
Order setting a Telephone Status Conference for 8/5/2020 at 01:00 PM to be held telephonically before Judge John R. Adams. Only counsel are required to attend. Judge John R. Adams on 7/28/20. (K,C)
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Filing 54
Opposition to #53 Motion for leave to file third amended complaint instanter filed by Teledrip LLC. (Webb, Nathaniel)
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Filing 53
Motion for leave to file third amended complaint instanter filed by Plaintiff Drips Holdings, LLC. (Attachments: #1 Exhibit 1 - Proposed Third Amended Complaint, #2 Exhibit 2 - Comparison of SAC and TAC)(Moser, Christina)
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Filing 52
Marginal Entry Order granting the joint Motion to withdraw document (Related Doc #49 ). John Budd's Motion to quash (Related Doc #44 ) is withdrawn. Judge John R. Adams on 7/14/20.(K,C)
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Filing 51
Reply in support of #46 Third Party Motion to quash or Modify Defendant Teledrip, LLC's Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action to Namecheap, Inc. and/or Motion for protective order filed by Avarus. (Attachments: #1 Supplemental Declaration of Adam Young, #2 Exhibit A: Avarus (Old) WY Secretary of State Listing, #3 Exhibit B: Avarus (Current) WY Secretary of State Listing)(Kelley, Bennet)
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Filing 50
Opposition to #46 Third Party Motion to quash or Modify Defendant Teledrip, LLC's Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action to Namecheap, Inc. and/or Motion for protective order filed by Teledrip LLC. (Attachments: #1 Declaration of Nathan Webb, #2 Exhibit Corporate Formation Summary, #3 Exhibit Emails)(Webb, Nathaniel)
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Filing 49
Joint Motion (Request) to withdraw Motion to Quash by John Budd (DE 44) filed by Plaintiff Drips Holdings, LLC. Related document(s) #44 . (Moser, Christina)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Bennet G Kelley for Avarus. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #48 ). Judge John R. Adams on 7/1/20.(K,C)
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Filing 48
Motion for attorney Bennet Kelley to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10075571, filed by Movant Avarus. (Attachments: #1 Declaration of Bennet Kelley)(Zarlenga, Carmine)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Uri Litvak for Drips Holdings, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #47 ). Judge John R. Adams on 6/30/20.(K,C)
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Filing 47
Motion for attorney Uri Litvak to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10071800, filed by Counter-Defendant Drips Holdings, LLC, Plaintiff Drips Holdings, LLC. (Attachments: #1 Declaration of Uri Litvak)(Moser, Christina)
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Filing 46
Third Party Motion to quash or Modify Defendant Teledrip, LLC's Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action to Namecheap, Inc. and/or, Motion for protective order filed by Movant Avarus. (Attachments: #1 Certification Pursuant to Local Rule 37.1, #2 Exhibit 1 - Declaration of Bennet Kelley, #3 Exhibit 2 - Declaration of Adam Young, #4 Proposed Order)(Zarlenga, Carmine)
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Filing 45
Answer to Plaintiff's #41 Amended complaint, Affirmative Defenses, Counterclaim against Drips Holdings, LLC filed by Teledrip LLC. (Attachments: #1 Exhibit Teledrip USPTO Registration, #2 Exhibit Google Search Results)(Webb, Nathaniel)
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Filing 44
Withdrawn- Motion to modify deposition subpoena filed by Movant John Budd. (Attachments: #1 Exhibit A - Subpoena)(Vernyuk, Sergey) Withdrawn pursuant to order #52 on 7/14/2020 (K,C).
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Filing 43
Expedited Non-Appeal Transcript Order Form for proceedings held on 1/13/2020 before Judge John R. Adams, re #39 Transcript - Official Court Transcript filed by Court Reporter,,. Court Reporter: Caroline Mahnke. Requested completion date: 6/19/2020 filed by Teledrip LLC. Related document(s) #39 . (Webb, Nathaniel)
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Filing 42
Order: This matter came before the Court for a telephonic status conference on June 3, 2020. Pursuant to the discussion at the conference, the Court hereby ORDERS that the deadline to amend pleadings is extended until July 20, 2020. The Court further ORDERS that Plaintiff is granted leave to file a Second Amended Complaint. Judge John R. Adams on 6/4/2020. (T,Je)
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Filing 41
Second Amended complaint against Teledrip LLC. Filed by Drips Holdings, LLC. (Moser, Christina)
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Minutes of proceedings[non-document] before Judge John R. Adams.Telephone Conference held on 6/3/20 (Court Reporter: Caroline Mahnke.)Time: 25 Mins. (K,C)
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Filing 40
Joint Status Report filed by Drips Holdings, LLC. (Moser, Christina)
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Filing 39
Transcript of Case Management Conference held on January 13, 2020 before Judge John R. Adams. To obtain a bound copy of this transcript please contact court reporter Caroline Mahnke at 330-252-6021. [40 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/14/2020. Redaction Request due 5/28/2020. Redacted Transcript Deadline set for 6/8/2020. Release of Transcript Restriction set for 8/5/2020. Related document(s) #38 . (M,Ca)
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Filing 38
Non-Appeal Transcript Order Form for proceedings held on 1/13/2020 before Judge John R. Adams, Court Reporter: Caroline Mahnke. Requested completion date: 5/20/2020 filed by Drips Holdings, LLC. (Moser, Christina)
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Filing 37
Protective Order regarding confidential documents. Judge John R. Adams on 4/2/20. (K,C)
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Filing 36
Joint Motion for protective order filed by Plaintiff Drips Holdings, LLC. (Attachments: #1 Proposed Order)(Moser, Christina)
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Filing 35
Order amending discovery deadlines and hearing requirements as a result of the impact of COVID-19. Judge John R. Adams on 3/23/2020. (H,SN)
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Filing 34
Amended Case Management Plan. Case is assigned to the standard track. Status Conference set for 6/3/2020 at 10:00 AM in Courtroom 575 before Judge John R. Adams. Dispositive Motions due by 4/1/2020. See Order for additional details. Judge John R. Adams on 3/9/2020. (T,Je)
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Filing 33
Order: It is hereby ordered that the following motions in the above-captioned case are DENIED AS MOOT: (Doc. #7 ), (Doc. #10 ), (Doc. #12 ). It is further ORDERED that the Motion to Dismiss (Doc. #18 ) is DENIED. Dismissal is not warranted at this stage of the proceedings. Judge John R. Adams on 3/9/2020.(T,Je)
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Filing 32
Marginal Entry Order granting Plaintiff's Counsel's Motion to withdraw as attorney, attorney Benjamin A. Sigall, Helen M. Mac Murray, and Lisa A. Messner withdrawn from case. (Related Doc #26 ) Judge John R. Adams on 3/4/20.(K,C)
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Minutes of proceedings[non-document] before Judge John R. Adams. Status Conference held on 2/27/20. (Court Reporter: Lori Callahan.)Time: 45 Mins. (K,C)
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Filing 31
Answer to Amended Counterclaims filed by Drips Holdings, LLC. Related document #30 . (Moser, Christina)
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Filing 30
Answer to #27 Amended complaint , Affirmative Defenses, Counterclaim against Drips Holdings, LLC filed by Teledrip LLC. (Webb, Nathaniel)
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LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
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Filing 29
Response to #18 Motion to dismiss Plaintiff's Complaint filed by Drips Holdings, LLC. (Moser, Christina)
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Filing 28
Answer to #19 Counterclaims, filed by Drips Holdings, LLC. (Moser, Christina)
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Filing 27
First Amended complaint against Teledrip LLC and Does 1 through 5, filed by Drips Holdings, LLC. (Moser, Christina)
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Filing 26
Motion by Helen Mac Murray, Lisa Messner, and Benjamin Sigall to withdraw as attorney filed by Plaintiff Drips Holdings, LLC. (Mac Murray, Helen)
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Filing 25
Attorney Appearance by Christina J. Moser filed on behalf of Drips Holdings, LLC. (Moser, Christina)
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Filing 24
Attorney Appearance by Deborah A. Wilcox filed on behalf of Drips Holdings, LLC. (Wilcox, Deborah)
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Filing 23
Order setting a Status Conference for 2/27/2020 at 02:30 PM in Courtroom 575 before Judge John R. Adams. All counsel shall attend in person. Further, the deposition of Mr. Moriera shall take place on1/20/20. The deposition shall be limited to the topic of alleged hacking or theft of Plaintiff's technology and/or proprietary information pertaining to its company user interface. It is further ordered that Plaintiff shall expeditiously provide an expert report on the subject of the alleged hacking or theft. Additionally, Plaintiff shall respond to the pending motion to dismiss on or before 2/5/20. Judge John R. Adams on 1/16/20. (K,C)
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Minutes of proceedings [non-document] before Judge John R. Adams.Case Management Conference held on 1/13/20. (Court Reporter: Caroline Mahnke.)Time: 1 Hr. (K,C)
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Filing 22
Reply in Support of Defendants' #12 Motion for Protective Order And/Or To Quash Plaintiff's Third Party Subpoena of Chris Moreira filed by Michael C. Laible, Taylor Murray, Teledrip LLC. (Webb, Nathaniel)
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IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
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Filing 21
Report of Parties' Planning Meeting Under Fed. R. Civ. P. 26(f) - parties do not consent to this case being assigned to the magistrate judge, filed by Drips Holdings, LLC. (Mac Murray, Helen)
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Filing 20
Corporate Disclosure Statement filed by Michael C. Laible, Taylor Murray, Teledrip LLC. (Webb, Nathaniel)
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Filing 19
Answer to #2 Complaint with Jury Demand and Counterclaim against Drips Holdings, LLC filed by Michael C. Laible, Taylor Murray, Teledrip LLC. (Attachments: #1 Exhibit A - Certificate of Registration, #2 Exhibit B - sponsored search results and advertisement)(Webb, Nathaniel)
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Filing 18
Motion to dismiss Plaintiff's Complaint filed by Michael C. Laible, Taylor Murray, Teledrip LLC. Related document(s) #2 . (Attachments: #1 Brief in Support of Motion of Defendants Teledrip LLC, Murray, and Laible to Dismiss Plaintiff's Complaint, #2 Exhibit A - Declaration of Taylor Murray, #3 Exhibit B - Declaration of Michael Laible)(Webb, Nathaniel)
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Filing 17
Opposition to #12 Motion for protective order and/or Motion to quash third-party subpoena of Chris Moreira filed by Drips Holdings, LLC. (Mac Murray, Helen)
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Filing 16
Order rescheduling the case management conference to 1/13/2020 at 10:00 AM in Courtroom 575 before Judge John R. Adams. See order for additional dates and deadlines. Judge John R. Adams on 1/3/20. (L,J)
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Minutes of proceedings[non-document] before Judge John R. Adams.Telephone Conference held on 12/31/19. (Court Reporter: Lori Callahan.)Time: 10 Mins. (K,C)
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Filing 15
Attorney Appearance by Benjamin A. Sigall filed on behalf of Drips Holdings, LLC. (Sigall, Benjamin)
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Filing 14
Case Management Conference Scheduling Order with case management conference to be held on 1/6/2020 at 10:00 AM at Courtroom 575 before Judge John R. Adams. Lead counsel and party representatives must attend. Judge John R. Adams on 12/30/19. (Attachments: #1 Report of Parties, #2 Rule 30.1, #3 Consent to Magistrate, #4 Budget, #5 Policy and Procedure Manual)(K,C)
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Minutes of proceedings[non-document] before Judge John R. Adams.Telephone Conference held on 12/23/19. (Court Reporter: None.)Time: 15 Mins. (K,C)
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Filing 13
Opposition to #7 Motion for Expedited Discovery, #10 Supplemental Motion for Expedited Discovery filed by Michael C. Laible, Taylor Murray, Teledrip LLC. (Webb, Nathaniel)
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Filing 12
Motion for protective order and/or, Motion to quash third-party subpoena of Chris Moreira filed by Defendant Teledrip LLC. (Attachments: #1 Exhibit A - Declaration of Nathan B. Webb, #2 Exhibit 1 - Email String)(Webb, Nathaniel)
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Filing 11
IMPORTANT: Notice of Telephone Conference set for 12/23/2019 at 10:00 AM before Judge John R. Adams. Only counsel is required to participate. Plaintiff shall initiate the conference call to the Court at (330)252-6070. (K,C)
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Filing 10
Supplemental Motion for Expedited Discovery filed by Plaintiff Drips Holdings, LLC. Related document(s) #7 . (Attachments: #1 Notice and Subpoena)(Mac Murray, Helen)
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Filing 9
Marginal Entry Order granting #8 Defendants' Motion for Extension of Time to Answer. Responsive pleading due 1/16/20. Judge John R. Adams on 12/17/19.(L,J)
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Filing 8
Unopposed Motion for extension of time to answer until January 16, 2020 filed by Michael C. Laible, Taylor Murray, Teledrip LLC. (Webb, Nathaniel)
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Filing 7
Motion for Expedited Discovery filed by Plaintiff Drips Holdings, LLC. (Mac Murray, Helen)
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Filing 6
Notice of Subpoena to Chris Moreira filed by Drips Holdings, LLC. (Attachments: #1 Exhibit A - Subpoena to Chris Moreira)(Messner, Lisa)
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Filing 5
Original Summons and Magistrate Consent Form issued for service upon Michael C. Laible, Taylor Murray, Teledrip LLC. (Attachments: #1 Magistrate Consent Form) (M,TL)
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Judge John R. Adams assigned to case. (M,TL)
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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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Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: Duplicate charge for filing Complaint. Receipt #: 26LP7Q8P 0647-9649784, filed by Drips Holdings, LLC. (Mac Murray, Helen)
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Filing 4
Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Drips Holdings, LLC. (Mac Murray, Helen)
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Filing 3
Corporate Disclosure Statement filed by Drips Holdings, LLC. (Mac Murray, Helen)
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Filing 2
Complaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number 0647-9649784.. Filed by Drips Holdings, LLC. (Attachments: #1 Summons Summons upon Laible, #2 Summons Summons upon Murray, #3 Summons Summons upon Teledrip) (Mac Murray, Helen)
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Filing 1
Civil Cover Sheet . Filing fee paid $ 400, receipt number 0647-9649753, filed by Drips Holdings, LLC. (Mac Murray, Helen) Modified on 11/27/2019 (M,TL).
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