Diebold Nixdorf, Incorporated v. QSI, Inc.
| Diebold Nixdorf, Incorporated |
| QSI, Inc. |
| 5:2020cv01135 |
| May 26, 2020 |
| US District Court for the Northern District of Ohio |
| Sara Lioi |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on November 9, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 Memorandum Opinion and Order granting in part and denying in part Motion to dismiss for failure to state a claim (Related Doc #10 ). Attorneys are cautioned not to rely on the docket text. Read the attached order for additional information. Judge Sara Lioi on 11/9/2020. (D,S) |
| Filing 20 Case Management Plan and Trial Order. Case is assigned to the Standard Track; Deadline to add parties or amend pleadings 12/31/2020; Deadline for completing fact discovery 2/26/2021; The parties have agreed to follow the default standard for discovery of electronically-stored information; Deadline for party with burden of proof to identify experts and provide reports 2/26/2021; Deadline to identify rebuttal experts and provide reports 3/31/2021; Deadline for completing expert discovery 5/3/2021; Deadline for filing dispositive motions 5/17/2021; Deadline for filing oppositions to motions 6/16/2021; Deadline for filing replies to responses 7/2/2021; Telephonic Status Conference, with counsel only, set for 1/8/2021 at 10:00 a.m.; Final Pretrial Conference set for 9/14/2021 at 1:00 p.m.; Jury Trial set on two week standby period beginning 10/4/2021 at 8:00 a.m. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 9/30/2020. (Attachments: #1 Appendix A - Final Pretrial Order, #2 Appendix B - Exhibit List, #3 Appendix C - Witness List) (D,S) |
| Filing 19 Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Diebold Nixdorf, Incorporated. (Gaum, R.) |
| Minutes of proceedings [non-document]: A telephonic Case Management Conference was conducted on 9/30/2020 by Judge Sara Lioi. Attorneys Rachel Smoot and R. Eric Gaum participated on behalf of plaintiff; Attorneys Matthew Coogle and Daniel Gourash participated on behalf of defendant. The Court discussed case management dates and deadlines, which will issue by separate order. Counsel indicated an interest in mediation at an appropriate time, using the services of the federal court panel. The parties were reminded of the requirement to file joint 45-day status reports. The Court indicated that counsel may use that vehicle to advise of readiness for mediation, or may otherwise jointly notify the Court. (Court reporter: None) (Time: 15 minutes) (D,S) |
Order [non-document] granting defendant's Motion for appearance pro hac vice by Attorney Matthew F. Coogle. 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 #17 ). Judge Sara Lioi on 9/30/2020. (E,CK)
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| Filing 18 Joint Report of Parties' Planning Meeting Under Fed. R. Civ. P. 26(f) and LR 16.3(b)(3) - parties do not consent to this case being assigned to the magistrate judge, filed by Diebold Nixdorf, Incorporated. (Smoot, Rachel) |
| Filing 17 Motion for attorney Matthew F. Coogle to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10295852, filed by Defendant QSI, Inc. (Attachments: #1 Declaration of Matthew F. Coogle & Certificate of Good Standing) (Gourash, Daniel) |
| Notice to Attorney Matthew F. Coogle. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Filing 16 Reply in support of #10 Motion to dismiss Defendant's #7 counterclaim for failure to state a claim filed by Diebold Nixdorf, Incorporated. (Smoot, Rachel) |
| Filing 15 Initial Disclosures filed by QSI, Inc.. (Gourash, Daniel) |
| Filing 14 Response in Opposition to #10 Motion to dismiss Defendant's #7 counterclaim for failure to state a claim filed by QSI, Inc.. (Attachments: #1 Exhibit Affidavit of Greg Cahoe, #2 Exhibit Letter of Amy Cubbage dated 4/1/19)(Gourash, Daniel) |
| Filing 13 Proposed Notice of Stipulated Extension of Deadline (of seven days) to Respond to #10 Motion to Dismiss Counterclaims filed by QSI, Inc. (Gourash, Daniel) |
| Filing 12 Magistrate Consent Package issued. (E,CK) |
| Filing 11 Case Management Conference Scheduling Order: Telephone case management conference, with counsel only, to be held on 9/30/2020 at 11:30 a.m. before Judge Sara Lioi. Directions for joining the call will be emailed to counsel of record no later than the day before the CMC. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply. Plaintiff must serve on opposing parties the initial disclosures by 9/9/2020. All other parties must serve on opposing parties the initial disclosures by 9/16/2020. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 8/17/2020. (Attachments: #1 Report of Parties' Planning Meeting) (E,CK) |
| Reassignment of Magistrate Judge due to the retirement of Magistrate Judge George J. Limbert. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (M,TL) |
| Filing 10 Motion to dismiss Defendant's #7 counterclaim for failure to state a claim filed by Plaintiff Diebold Nixdorf, Incorporated. (Attachments: #1 Exhibit A - 2018.12.10 email to R. Gaum from A. Cubbage, #2 Exhibit B - 2018.11.28 email to A. Cubbage from R. Gaum, #3 Exhibit C - 2019.01.15 email to R. Gaum from A. Cubbage, #4 Exhibit D - 2019.01.16 email to R. Gaum from A. Cubbage, #5 Exhibit E - 2019.04.17 email to R. Gaum from A. Cubbage, #6 Exhibit F - 2019.07.26 Letter to A. Cubbage from R. Gaum)(Gaum, R.) |
| Filing 9 Answer to #7 Counterclaim filed by Diebold Nixdorf, Incorporated. (Gaum, R.) |
| Filing 8 Corporate Disclosure Statement filed by QSI, Inc.. (Gourash, Daniel) |
| Filing 7 Answer to #1 Complaint, with Jury Demand , Counterclaim against Diebold Nixdorf, Incorporated filed by QSI, Inc.. (Gourash, Daniel) |
| Notice by Clerk that QSI, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (T,Je) |
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Order [non-document] granting defendant's unopposed Motion for leave to plead (Related Doc #6 ); defendant shall move or otherwise plead by 7/8/2020. Judge Sara Lioi on 6/18/2020. (D,S)
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| Filing 6 Unopposed Motion for leave until July 8, 2020 to Plead filed by Defendant QSI, Inc.. Related document(s) #1 . (Gourash, Daniel) |
| Filing 5 Return of Service by personal service executed upon QSI, Inc. on 5/28/2020, filed on behalf of Diebold Nixdorf, Incorporated Related document(s) #1 , #2 . (Gaum, R.) |
| Filing 4 Initial Standing Order. Judge Sara Lioi on 5/26/2020. (Attachments: #1 Appendix A - Witness List, #2 Appendix B - Exhibit List) (T,Je) |
| Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon QSI, Inc. (Attachments: #1 Magistrate Consent Form) (T,Je) |
| Filing 2 Corporate Disclosure Statement filed by Diebold Nixdorf, Incorporated. (Gaum, R.) |
| Filing 1 Complaint with jury demand for Breach of Contract against All Defendants. Filing fee paid $ 400, Receipt number AOHNDC-9998460. Plaintiff has indicated that case may be related to terminated civil action 5:16-cv-2481-KBB. Filed by Diebold Nixdorf, Incorporated. (Attachments: #1 Exhibit A - License Agreement, #2 Civil Cover Sheet, #3 Summons) (Gaum, R.) |
| 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. (T,Je) |
| Judge Sara Lioi assigned to case. (T,Je) |
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| Defendant: QSI, Inc. | |
| Represented By: | Daniel F. Gourash |
| Represented By: | Matthew F. Coogle |
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| Plaintiff: Diebold Nixdorf, Incorporated | |
| Represented By: | Rachel A. Smoot |
| Represented By: | R. Eric Gaum |
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