WILLIAMSON v. FRIEND MTS (US) INC. et al
| SIMON WILLIAMSON |
| FRIEND MTS (US) INC., FRIEND MTS LIMITED, MALCOLM FRIEND and DENISE FRIEND |
| 2:2019cv05866 |
| December 12, 2019 |
| US District Court for the Eastern District of Pennsylvania |
| PAUL S DIAMOND |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| Plaintiff |
Docket Report
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Filing 106
ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/31/2023. 5/31/2023 ENTERED AND COPIES E-MAILED.(rt)
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| Filing 105 Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND in Courtroom 14A. Settlement Conference held on 5/22/23. (mbh) |
| Filing 104 Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND. Status Conference held on 5/22/23. (mbh) (Main Document 104 replaced on 6/8/2023) (mbh). |
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Filing 103
ORDER THAT DEFENDANTS' MOTION FOR STATUS CONFERENCE IS GRANTED. A STATUS CONFERENCE WILL BE HELD ON 5/22/23 AT 11 AM BEFORE HONORABLE PAUL S. DIAMOND.). SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/2/23. 5/2/23 ENTERED AND COPIES E-MAILED.(mbh)
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| Filing 102 MOTION for Order to Schedule a Status Conference filed by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED.Certificate of Service.(FITZPATRICK, A.) |
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Filing 101
ORDER THAT MY THIRD AMENDED SCHEDULING ORDER IS SUSPENDED PENDING FURTHER ORDER OF THE COURT. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/28/22. 9/28/22 ENTERED AND COPIES E-MAILED.(mbh)
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| Filing 100 NOTICE by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED Defendants' Objection to Plaintiff's Designation of Deposition Testimony for Use at Trial (JANICH, BRETT) |
| Filing 99 NOTICE by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED Defendants' Counter-Designation of Deposition Testimony for Use at Trial (JANICH, BRETT) |
| Filing 98 NOTICE by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED Defendants' Designation of Deposition Testimony for Use at Trial (JANICH, BRETT) |
| Filing 97 NOTICE by SIMON WILLIAMSON of Designation of Deposition Testimony for Use at Trial (BELL, JAMES) |
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Filing 96
SCHEDULING ORDER:DEFENDANTS' UNCONTESTED EMERGENCY MOTION FOR CONTINUANCE OF TRIAL DATE AND RELATED DEADLINES DUE TO DEFENSE COUNSEL UNAVAILABILITY AS A RESULT OF HER PREGNANCY (DOC. NO. #94 ) IS GRANTED. FINAL PRETRIAL CONFERENCE SET FOR 10/12/2022 11:00 AM IN COURTROOM BEFORE HONORABLE PAUL S. DIAMOND. MOTION IN LIMINE DUE BY 9/29/2022. PLAINTIFF PRETRIAL MEMO DUE BY 9/29/2022. DEFENDANT PRETRIAL MEMO DUE BY 9/29/2022. TRIAL DATE SET FOR 10/18/2022 09:30 AM IN COURTROOM BEFORE HONORABLE PAUL S. DIAMOND.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/19/2022. 4/19/2022 ENTERED AND COPIES E-MAILED.(rt)
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| Filing 95 NOTICE by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED Counter-Designation of Deposition Testimony for Use at Trial (JANICH, BRETT) |
| Filing 94 Emergency MOTION to Continue Trial Date filed by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED.Declaration. (Attachments: #1 Declaration of A. Klair Fitzpatrick in Support of Defendants' Uncontested Emergency Motion for Continuance of Trial Date, #2 Text of Proposed Order Granting Defendants' Uncontested Emergency Motion for Continuance of Trial Date)(JANICH, BRETT) |
| Filing 93 NOTICE by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED Designation of Deposition Testimony for Use at Trial (JANICH, BRETT) |
| Filing 92 NOTICE by SIMON WILLIAMSON of Designation of Deposition Testimony for Use at Trial (BELL, JAMES) |
| Filing 91 Letter dated March 16, 2022 Regarding Unopposed Request for Continuance of Trial Date by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED. (JANICH, BRETT) |
| Filing 90 Minute Entry for proceedings held before MAGISTRATE JUDGE TIMOTHY R. RICE Settlement Conference VIA TELECONFERENCE held on 3/7/22. (JL) |
| Filing 89 Minute Entry for proceedings held before MAGISTRATE JUDGE TIMOTHY R. RICE. Settlement Conference held on 2/28/22. (mbh) Modified on 3/1/2022 (mbh). (FILED IN ERROR; DUPLICATE FILING) |
| Filing 88 Minute Entry for proceedings held before MAGISTRATE JUDGE TIMOTHY R. RICE Settlement Conference VIA TELECONFERENCE held on 2/28/22. (JL) |
| Filing 87 NOTICE of Hearing: SETTLEMENT CONFERENCE SET FOR MARCH 2, 2022 AT 9:30 AM BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE VIA TELECONFERENCE.(dc) |
| Filing 86 SECOND AMENDED SCHEDULING ORDER: A TRIAL SHALL BE HELD ON 5/17/22 AT 9:30 A.M. IN COURTROOM 14A BEFORE HONORABLE PAUL S. DIAMOND. A FINAL PRETRIAL CONFERENCE IS SCHEDULED FOR 5/11/22 ST 11:00 AM. ALL PARTIES SHALL PREPARE AND FILE WITH THE CLERK OF THE COURT THEIR PRETRIAL MEMORANDA BY 4/28/22. ALL MOTIONS IN LIMINE SHALL BE FILED Y 4/28/22. SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/10/22. 2/11/22 ENTERED AND COPIES E-MAILED.(mbh) |
| Set/Reset Scheduling Order Deadlines: PLAINTIFF PRETRIAL MEMO DUE BY 4/28/2022. DEFENDANT PRETRIAL MEMO DUE BY 4/28/2022. (mbh) |
| Filing 85 NOTICE of Hearing: SETTLEMENT CONFERENCE IS RESCHEDULED TO NOVEMBER 9, 2021 AT 9:30 AM BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE VIA TELECONFERENCE.(dc) |
| Filing 84 Minute Entry for proceedings held before MAGISTRATE JUDGE TIMOTHY R. RICE Settlement Conference VIA TELECONFERENCE held on 10/27/21. (JL ) |
| Filing 83 NOTICE of Hearing: SETTLEMENT CONFERENCE SET FOR NOVEMBER 9, 2021 AT 1:30 PM BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE VIA TELECONFERENCE.(dc) |
| Filing 82 JUDGMENT, IT IS HEREBY ORDERED THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. NO. #51 ) IS GRANTED IN PART AND DENIED IN PART AS FOLLOW: 1. SUMMARY JUDGMENT IS GRANTED FOR DEFENDANTS ON THE ERISA DENIAL OF BENEFITS, ERISA BREACH OF FIDUCIARY DUTY, AND WRONGFUL TERMINATION CLAIMS (COUNTS II, III, AND V); 2. SUMMARY JUDGMENT IS DENIED WITH RESPECT TO ALL REMAINING CLAIMS, INCLUDING THE BREACH OF CONTRACT, PENNSYLVANIA WAGE PAYMENT AND COLLECTION LAW, PROMISSORY ESTOPPEL, UNJUST ENRICHMENT, AND FRAUDULENT INDUCEMENT CLAIMS (COUNTS I, IV, VI, VII, AND VIII); AND 3. THE PARTIES SHALL PROMPTLY AND JOINTLY CONTACT THE CHAMBERS OF MAGISTRATE JUDGE TIMOTHY R. RICE TO SCHEDULE A SETTLEMENT CONFERENCE.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/26/2021. 7/26/2021 ENTERED AND COPIES E-MAILED.(rt) |
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Filing 81
ORDER, PLAINTIFF SIMON WILLIAMSON IS A FORMER EMPLOYEE OF DEFENDANT FRIEND MTS, AN INFORMATION TECHNOLOGY COMPANY. WILLIAMSON BRINGS EIGHT CLAIMS AGAINST THE COMPANY AND INDIVIDUALS, PRIMARILY REGARDING HIS COMPENSATION PACKAGE. DEFENDANTS MOVE FOR SUMMARY JUDGMENT. I WILL DISMISS THREE OF THE CLAIMS.....ALTHOUH THE EVIDENCE IS VIGOROUSLY DISPUTED, VIEWED MOST FAVORABLY TO WILLIAMSON, THE RECORD COULS REASONABLY SUGGEST THAT DEFENDANTS WERE HAPPY TO BENEFIT FROM WILLIAMSON'S WORK WHILE THEY REFRAINED FROM COMPENSATING HIM AS THEY HAD PROMISED. I WILL DENY DEFENDANS' MOTION IN PART. AN APPROPRIATE JUDGMENT FOLLOWS.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/26/2021. 7/26/2021 ENTERED AND COPIES E-MAILED.(rt)
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Filing 80
ORDER, IT IS HEREBY ORDERED THAT DEFENDANTS' MOTIONS IN LIMINE (DOC. NOS. #69 , #70 , #71 , #72 ) ARE DENIED WITHOUT PREJUDICE TO DEFENDANTS' RIGHT TO RENEW THE MOTIONS BEFORE TRIAL.SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/10/2021. 5/10/2021 ENTERED AND COPIES E-MAILED.(rt)
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| Filing 79 MARCH 25, 2021 JOINT PRE-TRIAL SUBMISSIONS. (Attachments: #1 PART 2)(sg, ) |
| Filing 78 RESPONSE in Opposition re #71 MOTION in Limine to Preclude Improper Testimony and Evidence Regarding the Valuation of Plaintiff's Equity Options filed by SIMON WILLIAMSON. (Attachments: #1 Text of Proposed Order, #2 Memorandum of Law, #3 Certificate of Service)(BELL, JAMES) |
| Filing 77 RESPONSE in Opposition re #72 MOTION in Limine to Preclude Improper Questioning and Lay Testimony Regarding Alleged Lost Investment Income filed by SIMON WILLIAMSON. (Attachments: #1 Text of Proposed Order, #2 Memorandum of Law, #3 Certificate of Service)(BELL, JAMES) |
| Filing 76 RESPONSE in Opposition re #69 MOTION in Limine to Preclude Improper Testimony and Evidence Regarding Alleged Harassing or Discriminatory Comments, Information Regarding Other Employees' Terminations or Lawsuits Against Defendants, and Anonymous Postings on Glassdoor filed by SIMON WILLIAMSON. (Attachments: #1 Text of Proposed Order, #2 Memorandum of Law, #3 Certificate of Service)(BELL, JAMES) |
| Filing 75 RESPONSE in Opposition re #70 MOTION in Limine to Preclude Parol Evidence filed by SIMON WILLIAMSON. (Attachments: #1 Text of Proposed Order, #2 Memorandum of Law, #3 Exhibit A, #4 Certificate of Service)(BELL, JAMES) |
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Filing 74
ORDER, IT IS HEREBY ORDERED THAT THE FINAL PRETRIAL CONFERENCE SCHEDULED FOR WEDNESDAY, MARCH 31, 2021, AT 10:00 A.M. IS CONTINUED PENDING FURTHER ORDER OF THE COURT.SIGNED BY HONORABLE PAUL S. DIAMOND ON 3/25/2021. 3/25/2021 ENTERED AND COPIES E-MAILED.(rt)
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| Filing 73 PRETRIAL MEMORANDUM by SIMON WILLIAMSON Certificate of Service. (MACEY, CHRISTOPHER) |
| Filing 72 MOTION in Limine to Preclude Improper Questioning and Lay Testimony Regarding Alleged Lost Investment Income filed by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED.Memorandum, Proposed Order, and Certificate of Service.(BURKHARDT, MICHAEL) |
| Filing 71 MOTION in Limine to Preclude Improper Testimony and Evidence Regarding the Valuation of Plaintiff's Equity Options filed by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED.Memorandum, Proposed Order, and Certificate of Service.(BURKHARDT, MICHAEL) |
| Filing 70 MOTION in Limine to Preclude Parol Evidence filed by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED.Memorandum, Proposed Order, and Certificate of Service.(BURKHARDT, MICHAEL) |
| Filing 69 MOTION in Limine to Preclude Improper Testimony and Evidence Regarding Alleged Harassing or Discriminatory Comments, Information Regarding Other Employees' Terminations or Lawsuits Against Defendants, and Anonymous Postings on Glassdoor filed by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED.Memorandum and Certificate of Service.(BURKHARDT, MICHAEL) |
| Filing 68 PRETRIAL MEMORANDUM by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED. (BURKHARDT, MICHAEL) |
| Filing 67 NOTICE by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED Defendants' Objections to Plaintiff's Designation of Deposition Testimony for Use at Trial (BURKHARDT, MICHAEL) |
| Filing 66 NOTICE by SIMON WILLIAMSON of Designation of Deposition Testimony for Use at Trial (BELL, JAMES) |
| Filing 65 NOTICE by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED Defendants' Designation of Deposition Testimony for Use at Trial (BURKHARDT, MICHAEL) |
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Filing 64
ORDER THAT DEFENDANTS' REQUEST FOR CONTINUATION OF CASE DEADLINES PENDING RESOLUTION OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS DENIED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/25/21. 2/26/21 ENTERED AND COPIES E-MAILED.(mbh, )
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| Filing 63 Letter, re Case Deadlines Pending Resolution of Defendants' Motion for Summary Judgment filed by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED..(BURKHARDT, MICHAEL) Modified on 2/26/2021 (fb). |
| Filing 62 RESPONSE in Opposition re #53 MOTION for Summary Judgment Plaintiff's Surreply Brief filed by SIMON WILLIAMSON. (BELL, JAMES) |
| Filing 61 REPLY Memorandum of Law in Support re #53 MOTION for Summary Judgment filed by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED. (Attachments: #1 Appendix Response to Plaintiff's Statement of Facts, #2 Appendix Reply to Plaintiff's Response to Defendants' Statement of Facts)(BURKHARDT, MICHAEL) Modified on 2/10/2021 (fb). |
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Filing 60
ORDER THAT PLAINTIFF'S MOTION TO PLACE CERTAIN DOCUMENTS UNDER SEAL IS GRANTED. THE CLERK OF COURT SHALL SEAL EXHIBITS A, D, F, J, K, L, M, N, O, P, Q, S, T, U, AA, BB, CC, DD, EE, FF, GG, HH, II, JJ, KK, LL, MM, NN, OO, PP, QQ, RR, SS, TT, UU, VV, WW, XX, YY, ZZ, AAA, BBB, CCC, EEE, FFF, GGG, HHH, III, JJJ, KKK, LLL, MMM, NNN, OOO, RRR, SSS, TTT, UUU, VVV, WWW, XXX, YYY, ZZZ AND AAAA TO PLAINTIFF'S OPPOSITION TO THE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/3/21.2/3/21 ENTERED AND COPIES E-MAILED.(mbh, )
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| Filing 59 EXHIBITS, re #57 Response to Defendants' Motion for Summary Judgment by SIMON WILLIAMSON. (FILED UNDER SEAL). (fb) (Additional attachment(s) added on 2/3/2021: #1 Exhibit AAA, #2 Exhibit AAAA) (fb, ). (Additional attachment(s) added on 2/3/2021: #3 Exhibit BB, #4 Exhibit BBB, #5 Exhibit CC, #6 Exhibit CCC, #7 Exhibit D, #8 Exhibit DD, #9 Exhibit EE, #10 Exhibit EEE, #11 Exhibit F, #12 Exhibit FF, #13 Exhibit FFF, #14 Exhibit GG, #15 Exhibit GGG, #16 Exhibit HH, #17 Exhibit HHH) (fb, ). (Additional attachment(s) added on 2/3/2021: #18 Exhibit II, #19 Exhibit III, #20 Exhibit J, #21 Exhibit JJ, #22 Exhibit JJJ, #23 Exhibit K, #24 Exhibit KK, #25 Exhibit KKK, #26 Exhibit L, #27 Exhibit LLL) (fb, ). (Additional attachment(s) added on 2/3/2021: #28 Exhibit M, #29 Exhibit MM) (fb, ). (Additional attachment(s) added on 2/3/2021: #30 Exhibit MMM, #31 Exhibit N, #32 Exhibit NN, #33 Exhibit NNN, #34 Exhibit O, #35 Exhibit OO, #36 Exhibit OOO, #37 Exhibit P, #38 Exhibit PP, #39 Exhibit Q, #40 Exhibit QQ, #41 Exhibit RR, #42 Exhibit RRR, #43 Exhibit S, #44 Exhibit SS, #45 Exhibit SSS, #46 Exhibit T, #47 Exhibit TT, #48 Exhibit TTT, #49 Exhibit U, #50 Exhibit UU, #51 Exhibit UUU, #52 Exhibit VV, #53 Exhibit VVV, #54 Exhibit WW, #55 Exhibit XX, #56 Exhibit XXX, #57 Exhibit YY) (fb, ). (Additional attachment(s) added on 2/3/2021: #58 Exhibit YYY, #59 Exhibit ZZ, #60 Exhibit ZZZ) (fb, ). (Additional attachment(s) added on 2/3/2021: #61 Exhibit AA, #62 Exhibit LL, #63 Exhibit WWW) (fb, ). |
| Filing 58 MOTION to Seal Document (Certain Exhibits Attached to Plaintiff's Response to Defendants' Motion for Summary Judgment) filed by SIMON WILLIAMSON.Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(BELL, JAMES) |
| Filing 57 RESPONSE in Opposition re #53 MOTION for Summary Judgment filed by SIMON WILLIAMSON. (Attachments: #1 Text of Proposed Order, #2 Memorandum of Law, #3 Appendix Plaintiff's Statement of Facts, #4 Appendix Response to Defendants' Statement of Facts, #5 Exhibit B, #6 Exhibit C, #7 Exhibit E, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit R, #12 Exhibit V, #13 Exhibit W, #14 Exhibit X, #15 Exhibit Y, #16 Exhibit Z, #17 Exhibit DDD, #18 Exhibit PPP, #19 Exhibit QQQ, #20 Certificate of Service)(BELL, JAMES) |
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Filing 56
ORDER THAT DEFENDANTS' MOTION TO PLACE DOCUMENTS UNDER SEAL IS GRANTED. THE CLERK OF COURT SHALL EXHIBITS K,S,U,W AND AI TO DEFEDANTS' MOTION FOR SUMMARY JUDGMENT (DOC NOS 55,55-1,55-2,55-3,55-4). SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/20/21.1/20/21 ENTERED AND COPIES E-MAILED.(mbh, )
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| Filing 55 EXHIBITS, re #53 Motion for Summary Judgment by All Defendants. (FILED UNDER SEAL). (fb) (Additional attachment(s) added on 1/20/2021: #1 Exhibit S, #2 Exhibit U, #3 Exhibit W, #4 Exhibit AI) (fb, ). Modified on 1/20/2021 (fb). |
| Filing 54 MOTION to Seal filed by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED.Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(BURKHARDT, MICHAEL) |
| Filing 53 MOTION for Summary Judgment filed by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED.Brief, Certificate of Service. (Attachments: #1 Brief, #2 Statement of Material Facts, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X, #27 Exhibit Y, #28 Exhibit Z, #29 Exhibit AA, #30 Exhibit AB, #31 Exhibit AC, #32 Exhibit AD, #33 Exhibit AE, #34 Exhibit AF, #35 Exhibit AG, #36 Exhibit AH, #37 Exhibit AI, #38 Exhibit AJ, #39 Exhibit AK, #40 Exhibit AL, #41 Exhibit AM, #42 Exhibit AN, #43 Exhibit AO, #44 Text of Proposed Order, #45 Certificate of Service)(BURKHARDT, MICHAEL) |
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Filing 52
ORDER THAT THE PARTIES' CONSENT MOTION FOR LEAVE TO FILE EXCESS PAGES IS DENIED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/13/21.1/14/21 ENTERED AND COPIES E-MAILED.(mbh, )
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| Filing 51 Consent MOTION for Leave to File Excess Pages filed by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED..(BURKHARDT, MICHAEL) |
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Filing 50
ORDER THAT MY 12/2/20 SCHEDULING ORDER IS AMENDED AS FOLLOWS: ANY SUMMARY JUDGMENT MOTION OR OTHER DISPOSITIVE MOTION, TOGETHER WITH SUPPORTING BRIEF, SHALL BE FILED BY 1/19/2021. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/8/21. 1/8/21 ENTERED AND COPIES E-MAILED.(mbh, )
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Filing 49
ORDER THAT DEFENDANTS' UNOPPOSED MOTION FOR SUBSTITUTION OF COUNSEL AND LEAVE TO WITHDRAW IS GRANTED. JULIAN PERLMAN, NATHAN SCHACT AND JACOB BRUNER OF THE FIRM BAKERHOSTETLER SHALL BE REMOVED FROM THE SERVICE LIST AND MICHAEL BURKHARDT OF THE FIRM MORGAN LEWIS SHALL BE DESIGNATED AS LEAD ATTORNEY. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/7/21.1/8/21 ENTERED AND COPIES E-MAILED.(mbh, )
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| Filing 48 MOTION to Substitute Attorney and Leave to Withdraw Unopposed filed by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED.. (Attachments: #1 [Proposed] Order Granting Unopposed Motion for Substitution of Counsel and Leave to Withdraw)(SCHACHT, NATHAN) |
| Filing 47 STIPULATED PROTECTIVE ORDER, WITH COURT APPROVAL. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/22/20. 12/22/20 ENTERED AND COPIES E-MAILED.(mbh, ) |
| Filing 46 Joint MOTION for Protective Order filed by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED.. (Attachments: #1 Exhibit Stipulated Protective Order)(BURKHARDT, MICHAEL) |
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Filing 45
ORDER THAT MY 10/7/20 SCHEDULING ORDER IS AMENDED TO ALLOW FOR THE DEPOSITIONS OF JONATHAN FRIEND AND MARK SCOTTER ON 1/5/21 AND 1/7/21. THE DEPOSITION OF CHRISTOPHER WHITE SHALL TAKE PLACE DURING THE SECOND WEEK OF JANUARY. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/21/20. 12/21/20 ENTERED AND COPIES E-MAILED.(mbh, )
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| Filing 44 NOTICE of Appearance by A. KLAIR FITZPATRICK on behalf of DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED with Certificate of Service(FITZPATRICK, A.) |
| Filing 43 Letter re #42 MOTION for Discovery Dispute Resolution By Court filed by SIMON WILLIAMSON. (Attachments: #1 Exhibit A)(MACEY, CHRISTOPHER) Modified on 12/22/2020 (fb). |
| Filing 42 Letter, re: Dispute Resolution By Court filed by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED.. (Attachments: #1 Exhibit Exhibit A--December 11, 2020 Email from Christopher Macey to Brett Janich, #2 Exhibit Exhibit B--December 16, 2020 Email Between Christopher Macey and Brett Janich, #3 Exhibit Exhibit C--December 16-18, 2020 Email Chain Between Christopher Macey and Brett Janich)(BURKHARDT, MICHAEL) Modified on 12/20/2020 (fb). |
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Filing 41
ORDER THAT THE PARTIES ARE ORDERED TO CONDUCT VIDEOCONFERENCE DEPOSITIONS FOR MALCOLM FRIEND, DENISE FRIEND AND JONATHAN FRIEND ON OR BEFORE 1/4/21 FOLLOWING ALL APPLICABLE FEDERAL RULES OF CIVIL PROCEDURE. PLAINTIFF IS DIRECTED NOT TO SCHEDULE ANY DEPOSITIONS FOR FRIDAYS IN LIGHT OF MR. AND MRS. FRIEND'S RELIGIOUS OBSERVANCE. PLAINTIFF'S REQUEST FOR A CONFERENCE WITH THE COURT IS DENIED. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE IMPOSITION OF SANCTIONS. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/10/20. 12/11/20 ENTERED AND COPIES E-MAILED.(mbh, )
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| Filing 40 Minute Entry for proceedings held before MAGISTRATE JUDGE TIMOTHY R. RICE Pretrial Conference held on 12/9/20 (mbh, ) |
| Filing 39 NOTICE re: Cancellation of Hearing THE SETTLEMENT CONFERENCE SCHEDULED FOT DECEMBER 15, 2020 AT 9:30 A.M. BEFORE JUDGE TIMOTHY R. RICE IS CANCELLED.(dc) |
| Filing 38 NOTICE of Hearing: SETTLEMENT CONFERENCE SET FOR 12/15/2020 09:30 AM BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE VIA TELECONFERENCE.PREVIOUSE CANCELLATION NOTICE FILED IN ERROR.(dc) |
| Filing 37 NOTICE re: Cancellation of HearingTHE SETTLEMENT CONFERENCE SCHEDULED FOR DECEMBER 18, 2020 AT 1:30 P.M. BEFORE JUDGE TIMOTHY R. RICE IS CANCELLED. (dc) |
| Filing 36 AMENDED SCHEDULING ORDER: A TRIAL SHALL BE HELD ON 4/16/21 AT 9:30 AM IN COURTROOM 14A. A FINAL PRETRIAL CONFERENCE IS SCHEDULED FOR 3/31/21 AT 10:00 AM. ALL DISCOVERY SHALL BE COMPLETED BY 1/4/21. THIS MATTER IS REFERRED TO UNITED STATES MAGISTRATE JUDGE TIMOTHY R. RICE FOR A SETTLEMENT CONFERENCE. ANY SUMMARY JUDGMENT MOTION OR OTHER DISPOSITIVE MOTION SHALL BE FILED BY 1/18/21. ALL PARTIES SHALL PREPARE AND FILE WITH THE CLERK OF COURT THEIR PRETRIAL MEMORANDA BY 3/18/21. ALL MOTIONS IN LIMINE SHALL BE FILED BY 3/18/21. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/1/20. 12/2/20 ENTERED AND COPIES E-MAILED.(mbh, ) |
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Filing 35
ORDER THAT THE PARTIES' JOINT REQUEST FOR LIMITED EXTENSION OF EXISTING CASE DEADLINES IS GRANTED. I WILL ISSUE A REVISED SCHEDULING ORDER FORTHWORTH. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/1/20. 12/1/20 ENTERED AND COPIES E-MAILED.(mbh, )
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| Filing 34 Letter filed by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED.(BURKHARDT, MICHAEL) Modified on 12/1/2020 (fb). |
| Filing 33 NOTICE of Appearance by MICHAEL BURKHARDT on behalf of DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED with Certificate of Service(BURKHARDT, MICHAEL) |
| Filing 32 Letter re #27 MOTION to Compel Depositions filed by SIMON WILLIAMSON. (MACEY, CHRISTOPHER) Modified on 11/25/2020 (fb). |
| Filing 31 RESPONSE to Motion re #27 MOTION to Compel Depositions Updated Letter in Response to Motion/Letter filed by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED. (Attachments: #1 Attachment to Updated Letter)(SCHACHT, NATHAN) |
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Filing 30
ORDER THAT DEFENDANTS SHALL RESPOND TO PLAINTIFF'S 11/19/20 LETTER REGARDING DEPOSITIONS ON OR BEFORE 11/24/20 AT 12:00 PM.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/20/20. 11/20/20 ENTERED AND COPIES E-MAILED.(mbh, )
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| Filing 29 Letter re #27 MOTION to Compel Depositions Response to Letter regarding Depositoins filed by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED. (SCHACHT, NATHAN) Modified on 11/22/2020 (fb). |
| Filing 28 NOTICE of Appearance by JAMES A. BELL, IV on behalf of SIMON WILLIAMSON with Certificate of Service(BELL, JAMES) |
| Filing 27 Letter, re Depositions filed by SIMON WILLIAMSON..(MACEY, CHRISTOPHER) Modified on 11/20/2020 (fb). |
| Filing 26 NOTICE of Hearing: SETTLEMENT CONFERENCE SET FOR DECEMBER 15, 2020 at 9:30 AM BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE VIA TELECONFERENCE.(dc) |
| Filing 25 ANSWER to #1 Complaint together with Affirmative Defenses to Count VIII of the Complaint by FRIEND MTS (US) INC., FRIEND MTS LIMITED.(SCHACHT, NATHAN) |
| Filing 24 ANSWER to #1 Complaint together with Affirmative Defenses to Counts II, III, IV, VI, VII, and VIII of Complaint by DENISE FRIEND, MALCOLM FRIEND.(SCHACHT, NATHAN) |
| Filing 23 NOTICE of Appearance by CHRISTOPHER A. MACEY, JR on behalf of SIMON WILLIAMSON with Certificate of Service(MACEY, CHRISTOPHER) |
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Filing 22
SCHEDULING ORDER: A TRIAL SHALL BE HELD ON 3/9/21 AT 9:30 AM IN COURTROOM 14A. A FINAL PRETRIAL CONFERENCE IS SCHEDULED FOR 3/3/21 AT 10:00 AM. THIS MATTER IS REFERRED TO UNITED STATES MAGISTRATE JUDGE TIMOTHY R. RICE FOR A SETTLEMENT CONFERENCE ON OR ABOUT 12/11/20. ANY SUMMARY JUDGMENT MOTION OR OTHER DISPOSITIVE MOTION SHALL BE FILED NO LATER THAN 12/18/20. ALL PARTIES SHALL SHALL PREPARE AND FILE WITH THE CLERK OF COURT THEIR PRETRIAL MEMORANDA BY 2/18/21. ALL MOTIONS IN LIMINE SHALL BE FILED BY 2/18/21. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/7/20. 10/7/20 ENTERED AND COPIES E-MAILED.(mbh, )
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Filing 21
ORDER THAT THE MOTION TO DISMISS AND PARTIAL MOTION TO DISMISS ARE DENIED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/7/20.10/7/20 ENTERED AND COPIES E-MAILED.(mbh, )
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| Filing 20 REPLY to Response to Motion re #13 MOTION to Dismiss for Lack of Jurisdiction filed by DENISE FRIEND, MALCOLM FRIEND. (Attachments: #1 Brief)(SCHACHT, NATHAN) |
| Filing 19 REPLY to Response to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by FRIEND MTS (US) INC., FRIEND MTS LIMITED. (Attachments: #1 Memorandum, #2 Exhibit A)(BRUNER, JACOB) |
| Filing 18 RESPONSE in Opposition re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by SIMON WILLIAMSON. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Certificate of Service)(BELL, JENNIFER) |
| Filing 17 RESPONSE in Opposition re #13 MOTION to Dismiss for Lack of Jurisdiction filed by SIMON WILLIAMSON. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Exhibit A, #4 Certificate of Service)(BELL, JENNIFER) |
| Filing 16 Disclosure Statement Form pursuant to FRCP 7.1 including Friend Media Technology Systems Limited with Certificate of Service by FRIEND MTS (US) INC..(SCHACHT, NATHAN) |
| Filing 15 Disclosure Statement Form pursuant to FRCP 7.1 including Friend Media Technology Systems Limited with Certificate of Service by FRIEND MTS LIMITED.(SCHACHT, NATHAN) |
| Filing 14 Defendants Friend MTS (US), Inc.'s and Friend MTS Limited's ANSWER to #1 Complaint together with Affirmative Defenses to Counts 1 through VII of Complaint by FRIEND MTS (US) INC., FRIEND MTS LIMITED.(SCHACHT, NATHAN) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction filed by DENISE FRIEND, MALCOLM FRIEND.Brief. (Attachments: #1 Brief of Defendants Malcom Friend and Denise Friend in Support of Their Motion to Dismiss for Lack of Personal Jurisdiction and Partial Motion to Dismiss Pursuant to Rule 12(b)(6), #2 Declaration Exhibit A, #3 Declaration Exhibit B)(SCHACHT, NATHAN) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by FRIEND MTS (US) INC., FRIEND MTS LIMITED.Brief. (Attachments: #1 Brief Brief of Defendants Friend MTS (US) and Friend MTS Limited in Support of Partial Motion to Dismiss)(SCHACHT, NATHAN) |
| Filing 11 IT IS HEREBY ORDERED THAT DEFENDANTS' APPLICATION FOR ADMISSION PRO HAC VICE OF JACOB A. BRUNER, ESQUIRE (DOC. NO. #9 ) IS GRANTED.SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/8/2020. 1/8/2020 ENTERED AND COPIES E-MAILED.(rt) |
| Filing 10 IT IS HEREBY ORDERED THAT DEFENDANTS' APPLICATION FOR ADMISSION PRO HAC VICE OF NATHAN A. SCHACHT, ESQUIRE (DOC. NO. #8 ) IS GRANTED.SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/8/2020. 1/8/2020 ENTERED AND COPIES E-MAILED.(rt) |
| Filing 9 MOTION for Pro Hac Vice for Jacob A. Bruner ( Filing fee $ 40 receipt number 0313-14026171.) filed by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED.Certificate of Service.(PERLMAN, JULIAN) |
| Filing 8 MOTION for Pro Hac Vice for Nathan A. Schacht ( Filing fee $ 40 receipt number 0313-14026112.) filed by DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED.Certificate of Service.(PERLMAN, JULIAN) |
| Filing 7 NOTICE of Appearance by JULIAN D. PERLMAN on behalf of DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED with Certificate of Service(PERLMAN, JULIAN) |
| Filing 6 WAIVER OF SERVICE Returned Executed by SIMON WILLIAMSON. DENISE FRIEND waiver sent on 12/21/2019, answer due 2/19/2020. (BELL, JENNIFER) |
| Filing 5 WAIVER OF SERVICE Returned Executed by SIMON WILLIAMSON. MALCOLM FRIEND waiver sent on 12/21/2019, answer due 2/19/2020. (BELL, JENNIFER) |
| Filing 4 WAIVER OF SERVICE Returned Executed by SIMON WILLIAMSON. FRIEND MTS LIMITED waiver sent on 12/21/2019, answer due 2/19/2020. (BELL, JENNIFER) |
| Filing 3 WAIVER OF SERVICE Returned Executed by SIMON WILLIAMSON. FRIEND MTS (US) INC. waiver sent on 12/21/2019, answer due 2/19/2020. (BELL, JENNIFER) |
| Filing 2 STANDING ORDER OUTLINED HEREIN.SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/16/2019. 12/16/2019 ENTERED AND COPIES E-MAILED.(rt) |
| Filing 1 COMPLAINT against DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED ( Filing fee $ 400 receipt number PPE208206.), filed by SIMON WILLIAMSON. (Attachments: #1 Cover Sheets)(nd, ) |
| DEMAND for Trial by Jury by SIMON WILLIAMSON. (nd, ) |
| 4 Summons Issued as to DENISE FRIEND, MALCOLM FRIEND, FRIEND MTS (US) INC., FRIEND MTS LIMITED. Forwarded To: Mailed to Counsel on 12/13/2019 (nd, ) |
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