UHLIG LLC v. Shirley et al
| UHLIG LLC |
| John Adam Shirley, John Doe and Jane Doe |
| 6:2008cv01208 |
| April 3, 2008 |
| US District Court for the District of South Carolina |
| Copyright Office |
| Greenville |
| Henry F. Floyd |
| Both |
| Federal Question |
| 17:101 Copyright Infringement |
Docket Report
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This docket was last retrieved on September 25, 2012. A more recent docket listing may be available from PACER.
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Filing 928
ORDER re 777 Objections filed by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC. Signed by Honorable J Michelle Childs on 11/28/2011. (mjef, )
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Filing 927
ORDER granting in part and denying in part 853 Motion in Limine as set out. This order will not be made available to the public; it will be restricted to case participants only. Signed by Honorable J Michelle Childs on 11/23/11.(awil) . Modified on 11/28/2011 to attach restricted document (awil).
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Filing 926
Sealed Document in re document 923 . (Attachments: # 1 Exhibit 2 - Excerpts from Deposition of Al Johnson, # 2 Exhibit 6 - Excerpts from Deposition (Rough Draft) of Steve Abrams)(Marion, William)
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Filing 925
ORDER granting in part and denying in part 917 Motion in Limine. This order will not be made available to the public; it will be restricted to case participants only. Signed by Honorable J Michelle Childs on 11/28/11.(awil) . Modified on 11/28/2011 to attach restricted document (awil).
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Filing 924
TEXT ORDER The court denies Defendants' request for summary judgment as to damages attributable to Brookdale, Sunrise, and the Sunshine House as contained in Defendants' Motion for Partial Reconsideration of Order on Defendants Motion for Summary Judgment 703 . Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). The court finds that there are genuine issues of material fact concerning whether Defendants interfered with any contractual relationships between Uhlig and these customers. The court further finds that there are genuine issues of material fact concerning whether Uhlig suffered any damages as a result of any action by Defendants. Signed by Honorable J Michelle Childs on 11/28/11. (awil)
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Filing 923
TEXT ORDER. Defendants' Motion to File Documents under Seal 918 , the unredacted version of their Supplemental Motion in Limine 917 as well as Exhibits 2 and 6 attached to the motion, is granted. These documents shall be filed under seal consistent with the parties' Confidentiality Order 64 in this case and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Plaintiff. Signed by Honorable J Michelle Childs on 11/26/2011.(mjef, )
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Filing 922
ORDER granting in part and denying in part 839 Motion in Limine as set out. This order will not be made available to the public; it will be restricted to case participants only. Signed by Honorable J Michelle Childs on 11/23/11.(awil). Modified on 11/23/2011 to add restricted document (awil).
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Filing 921
ORDER granting in part and denying in part 852 Motion in Limine as set out. This order will not be made available to the public; it will be restricted to case participants only.. Signed by Honorable J Michelle Childs on 11/23/11.(awil) . Modified on 11/23/2011 to attach restricted document (awil).
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Filing 920
TEXT ORDER. Before the court is Defendants Motion to Compel Discovery 590 . The Federal Rules of Civil Procedure provide that a party may obtain discovery regarding any non-privileged matter that is relevant to any partys claim or defense including the existence, description, nature, custody, condition and location of any books, documents or other tangible things. Fed. R. Civ. P. 26(b)(1). To be relevant, the discovery sought must simply encompass a matter that bears on, or that reasonably could lead to other matter that could bear on any issue that is or may be in the case. Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 351 (1978). However, the court must limit discovery otherwise allowed by the rules where the court finds that the burden or expense of the proposed discovery outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties resources, the importance of the issues at stake in the action, and the importance of the discovery in resolving the issues. Fed. R. Civ. P. 26(b)(2)(C)(iii). The court finds that the discovery identified in Defendants motion by categories 1-4 is relevant to the issues presented in this case. However, the court finds that Defendants requests with regard to the categories of information identified in Defendants motion as 5 and 6 are overly broad and that Defendants have failed to demonstrate that the likely benefit of the proposed discovery would outweigh the burden and expense to which such discovery would give rise. Accordingly, Defendants motion is denied as to 5 and 6. To the extent that such discovery has not previously been made available to Defendants, the motion is granted as to the categories of information identified in Defendants motion as 1-4. Defendants discovery shall be limited to the parameters set forth in the motion, with the exception of the category of information identified in Defendants motion as 3, discovery of correspondence between Uhlig and the eight (8) non-transitioning customers, which shall be limited to the parameters set forth in Defendants Reply Brief in Support of Motion to Compel 680 . Uhlig shall comply with this order by November 29, 2011, at 1:00 p.m. Signed by Honorable J Michelle Childs on 11/22/2011. (mjef, )
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Filing 919
TEXT ORDER The court denies Defendants' Motion for Hearing 916 . The court will issue an order on the damages issue by November 28, 2011. Further, the court informs the parties that it will not hold a hearing in this case on November 29, 2011. Instead the court will address outstanding pretrial matters beginning at 9:00 a.m. on December 1, 2011. Signed by Honorable J Michelle Childs on 11/22/11.(awil)
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Filing 918
MOTION to Seal Document 917 Supplemental MOTION in Limine of Defendants by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 12/9/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Marion, William)
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Filing 917
Supplemental MOTION in Limine of Defendants by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 12/9/2011 (Attachments: # 1 Exhibit 1 - 9/23/11 letter sending Al Johnson Supplemental Report, # 2 Exhibit 2 - Portions of Testimony from Al Johnson Depo (FILED UNDER SEAL), # 3 Exhibit 3 - 10/18/11 letter re: Al Johnson Image, # 4 Exhibit 4 (Part 1) - Excerpts of Report from System Hive of Adam Shirley CCM Computer, # 5 Exhibit 4 (Part 2) - Excerpts of Report from System Hive of Adam Shirley CCM Computer, # 6 Exhibit 4 (Part 3) - Excerpts of Report from System Hive of Adam Shirley CCM Computer, # 7 Exhibit 5 - Abrams Report dated 11/5/11, # 8 Exhibit 6 - Excerpts of Abrams Depo Transcript (Rough Draft) (FILED UNDER SEAL), # 9 Exhibit 7 - Plaintiff's Objections and Responses to Defendant Prism's 1st Set of Interrogatories)No proposed order(Marion, William)
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Filing 916
MOTION for Hearing re 774 Order, Regarding Damages Attributable to Brookdale, Sunrise, and the Sunshine House by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 12/8/2011 No proposed order(Major, Denny)
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Filing 915
SUPPLEMENT by UHLIG LLC to 842 Pretrial Disclosures. (Gibbes, Frank)
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Filing 914
Sealed Document in re document 912 . (Attachments: # 1 Exhibit 1 - Excerpts of Dr. Perry Woodside Depo Transcript, # 2 Exhibit 2 - Uhlig Revenue Analysis dated 2/14/08, # 3 Exhibit 3 - Uhlig Valuation Notes, # 4 Exhibit 4 - 12/31/08 Audited Financial Statements)(Major, Denny)
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Filing 913
Sealed Document in re document 911 . (Attachments: # 1 Exhibit A - David Galloway Severance Letter (Filed Under Seal), # 2 Exhibit B - Transition Incentive Agreement of David Galloway (Filed Under Seal), # 3 Exhibit C - Gary Cox Severance Letter (Filed Under Seal), # 4 Exhibit D - Nondisclosure and Nonsolicitation Agreements of Progressive Printing Employees (Filed Under Seal), # 5 Exhibit E - Transition Incentive Agreement of Gary Cox (Filed Under Seal), # 6 Exhibit F - Transition Incentive Agreement of Randall Oliver (Filed Under Seal), # 7 Exhibit G - Transition Incentive Agreement of Progressive Printing (Filed Under Seal), # 8 Exhibit H1 - Confidential Excerpts from Deposition of Cindy Judd (Filed Under Seal), # 9 Exhibit I - Transition Incentive Agreement of Cindy Judd (Filed Under Seal), # 10 Exhibit J - Involuntary Separation Agreement and Release of Cindy Judd (Filed Under Seal), # 11 Exhibit K - July 8, 2008 letter from Michael Giese to Frank Gibbes (Filed Under Seal))(Gibbes, Frank)
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Filing 912
TEXT ORDER Defendants' Motion to File Documents Under Seal 855 , referring to their Motion in Limine and related exhibits is granted. These documents shall be filed under seal consistent with the Confidentiality Order 64 and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Plaintiff. Signed by Honorable J Michelle Childs on 11/17/11.(awil)
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Filing 911
TEXT ORDER Plaintiff Uhlig, LLC's Motion to File Documents Under Seal 854 , referring to certain exhibits to its Memorandum in Support of Motions in Limine is granted. These documents shall be filed under seal consistent with the Confidentiality Order 64 and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Defendants. Signed by Honorable J Michelle Childs on 11/17/11.(awil)
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Filing 910
ORDER granting in part and denying in part 829 Motion for Reconsideration as set out. This order will not be made available to the public; it will be restricted to case participants only. Signed by Honorable J Michelle Childs on 11/15/11.(awil). Modified on 11/16/2011 to attach restricted document (awil). Modified on 11/16/2011 to edit text (awil).
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Filing 909
REPLY to Response to Motion re 852 MOTION in Limine Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. (Attachments: # 1 Exhibit 1, Excerpts from Plaintiff's Second Supplemental Response to Defendant Shirley's First Set of Interrogatories, # 2 Exhibit 2, Supplemental Expert Report of B. Perry Woodside (redacted by Defendants), # 3 Exhibit Unpublished Opinions)(Major, Denny)
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Filing 908
REPLY to Response to Motion re 853 MOTION in Limine Response filed by UHLIG LLC. (Attachments: # 1 Exhibit A - Out-of-Region Court Decisions and Decisions Published in Various Specialized Reporting Services (Part 1), # 2 Exhibit A - Out-of-Region Court Decisions and Decisions Published in Various Specialized Reporting Services (Part 2), # 3 Exhibit A - Out-of-Region Court Decisions and Decisions Published in Various Specialized Reporting Services (Part 3))(Gibbes, Frank)
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Filing 907
REPLY to Response to Motion re 839 MOTION in Limine - Motion to Exclude Expert Testimony of Steve Abrams and Alan Austin Response filed by UHLIG LLC. (Attachments: # 1 Exhibit A - Deposition Excerpts of Alan Austin)(Gibbes, Frank)
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Filing 906
Sealed Document in re document 895 . (Attachments: # 1 Plaintiff Uhlig LLC's Supplement to its Opposition to Renewed Motion for Partial Reconsideration of Order on Defendants' Motion for Summary Judgment (Filed Under Seal), # 2 Exhibit A - Correspondence from Adam Shirley to Angela Diamantis dated January 2, 2007 (Filed Under Seal), # 3 Exhibit B - Composite List of Supporting Documents Identified in the Appendices to Uhlig's Supplemental Discovery Response (Filed Under Seal), # 4 Exhibit C - Excerpt from CCM's Privacy Policy (Filed Under Seal), # 5 Exhibit D - Confidentiality and Non-Disclosure Agreement signed by Adam Shirley (Filed Under Seal))(Gibbes, Frank) (Attachment 3 replaced on 11/14/2011). (Attachment 4 replaced on 11/14/2011) . Modified on 11/14/2011 to correct headers (awil).
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Filing 905
Sealed Document in re document 897 . (Attachments: # 1 Reply in Support of Plaintiff Uhlig's Motion for Contempt of Court (Unredacted))(Gibbes, Frank)
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Filing 904
Sealed Document in re document 898 . (Attachments: # 1 Plaintiff's Response to Defendants' Motion in Limine (Unredacted), # 2 Exhibit B1 - Confidential Excerpts from Deposition of Perry Woodside (Filed Under Seal), # 3 Exhibit C - Independent Auditor's Report (Redacted)(Filed Under Seal))(Gibbes, Frank)
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Filing 903
SUPPLEMENT by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley to 841 Pretrial Disclosures. (Major, Denny)
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Filing 902
ORDER For the foregoing reasons, the court GRANTS IN PART AND DENIES IN PART Plaintiff Uhlig LLC's Motion to Strike Defenses or, in the Alternative, for Adverse Inference Instruction Due to Spoliation of Evidence [Doc. 716], Plaintiff's Second Motion to Strike the Shirley Defendants' Defenses and Motion For a Judgment of Liability in Favor of Plaintiff Because of Concealment of Material Evidence by Defendants 816 , and Defendants Eventelope, LLC, Prism Content Solutions, LLC, and John Adam Shirley's Motion for Sanctions for Spoliation of Evidence Against Uhlig, LLC 807 . Specifically, the court denies all requests by the parties to strike defenses or claims and denies all requests for entry of a judgment of liability in favor of either party. The court further denies all requests for monetary sanctions. However, the court grants the parties' requests for jury instructions addressing the issue of spoliation of evidence. Signed by Honorable J Michelle Childs on 11/8/11.(awil). Modified on 11/8/2011 to add restricted document (awil).
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Filing 901
ORDER denying 824 Motion for Contempt. This order will not bemade available to the public; it will be restricted to case participants only. Signed by Honorable J Michelle Childs on 11/8/11.(awil). Modified on 11/8/2011 to add restricted document (awil).
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Filing 900
ORDER granting in part and denying in part 799 Motion for Evidentiary Sanctions Precluding Defendants from Using the Smith Hines Road Materials. This order will not be made available to the public; it will be restricted to case participants only. Signed by Honorable J Michelle Childs on 11/8/11.(awil)
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Filing 899
Sealed Document in re document 896 . (Major, Denny)
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Filing 898
TEXT ORDER granting 893 Motion to File Sealed Documents re 892 Response in Opposition to Motion.Plaintiff Uhlig, LLC's Motion to File Documents Under Seal 893 , referring to its Response to Defendants Motion in Limine and related exhibits is granted. These documents shall be filed under seal consistent with the Confidentiality Order 64 and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Defendants. Signed by Honorable J Michelle Childs on 11/4/11.(jtho, )
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Filing 897
TEXT ORDER granting 891 Motion to File Sealed Documents in re 890 Reply to Response to Motion. Plaintiff Uhlig, LLC's Motion to File Documents Under Seal 891 , referring to its Reply in Support of Plaintiff Uhligs Motion for Contempt of Court is granted. These documents shall be filed under seal consistent with the Confidentiality Order 64 and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Defendants. Signed by Honorable J Michelle Childs on 11/4/11.(jtho, )
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Filing 896
TEXT ORDER granting 888 Motion to Filed Sealed Documents in re 887 Reply to Response to Motion. Defendants Motion to File Documents Under Seal 888 , referring to their un-redacted Reply in Support of Defendants Renewed Motion for Partial Reconsideration of the Order on Defendants Motion for Summary Judgment is granted. These documents shall be filed under seal consistent with the Confidentiality Order 64 and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Plaintiff. Signed by Honorable J Michelle Childs on 11/4/11.(jtho, )
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Filing 895
TEXT ORDER granting 883 Motion to filed Sealed Documents in re 882 Response in Opposition to Motion: Plaintiff Uhlig, LLC's Motion to File Documents Under Seal 883 , referring to its Supplement to its Opposition to Defendants Renewed Motion for Partial Reconsideration of Order on Defendants Motion for Summary Judgment and related exhibits is granted. These documents shall be filed under seal consistent with the Confidentiality Order 64 and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Defendants. Signed by Honorable J Michelle Childs on 11/4/11.(jtho, )
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Filing 894
RESPONSE in Opposition re 853 MOTION in Limine Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley.Reply to Response to Motion due by 11/14/2011 (Attachments: # 1 Exhibit Unpublished Opinons and Secondary Source)(Major, Denny)
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Filing 893
MOTION to Seal Document 892 Response in Opposition to Motion,,, by UHLIG LLC. Response to Motion due by 11/21/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 892
RESPONSE in Opposition re 852 MOTION in Limine Response filed by UHLIG LLC.Reply to Response to Motion due by 11/14/2011 (Attachments: # 1 Exhibit A - Excerpts of Frequently Asked Questions, Private Investigations, from South Carolina Law Enforcement Division, # 2 Exhibit B - Excerpts from Deposition of Perry Woodside, # 3 Exhibit B1 - Confidential excerpts from Deposition of Perry Woodside (Filed Under Seal), # 4 Exhibit C - Independent Auditors Report (redacted) (Filed Under Seal), # 5 Exhibit D - Transcript of Motion Hearing dated August 6, 2009, # 6 Exhibit E - Out-of-Region Court Descisions Published in Various Specialized Reporting Services Part 1 of 2, # 7 Exhibit E - Out-of-Region Court Descisions Published in Various Specialized Reporting Services Part 2 of 2)(Gibbes, Frank)
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Filing 891
MOTION to Seal Document 890 Reply to Response to Motion by UHLIG LLC. Response to Motion due by 11/21/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Document at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 890
REPLY to Response to Motion re 824 MOTION for Contempt - Motion for an Order Finding the Shirley Defendants in Contempt of Court for Violating the Preliminary Injunction Order by Uhlig LLC Response filed by UHLIG LLC. (Gibbes, Frank)
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Filing 889
REPLY to Response to Motion re 816 Second MOTION to Strike the Shirley Defendants' Defenses and For a Judgment of Liability in Favor of Plaintiff Because of Concealment of Material Evidence by Defendants - by Uhlig LLC MOTION for Judgment on the Pleadings Response filed by UHLIG LLC. (Attachments: # 1 Exhibit A - Affidavit of Al Johnson dated October 28, 2011)(Gibbes, Frank)
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Filing 888
MOTION to Seal Document 887 Reply to Response to Motion,,,,, by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 11/21/2011 (Attachments: # 1 Exhibit A, Non-confidential Index of Documents, # 2 Exhibit B, Certificate of Compliance)No proposed order(Major, Denny)
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Filing 887
REPLY to Response to Motion re 829 Supplemental MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, Renewed Pursuant to July 18, 2011 Order (Doc. 773),Supplemental MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, Renewed Pursuant to July 18, 2011 Order (Doc. 773),Supplemental MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, Renewed Pursuant to July 18, 2011 Order (Doc. 773),Supplemental MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, Renewed Pursuant to July 18, 2011 Order (Doc. 773),Supplemental MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, Renewed Pursuant to July 18, 2011 Order (Doc. 773),Supplemental MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, Renewed Pursuant to July 18, 2011 Order (Doc. 773), Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. (Attachments: # 1 Exhibit 1, Document Produced by CCM, Bates Stamped CCM-04560, # 2 Exhibit 2, Excerpts of Shirley Deposition Dated April 17, 2009, # 3 Exhibit 3, Excerpts of Brian Cooper Deposition, # 4 Exhibit 4, Excerpts of Shane Taylor Deposition)(Major, Denny)
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Filing 883
MOTION to Seal Document 882 Response in Opposition to Motion by UHLIG LLC. Response to Motion due by 11/21/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank) Modified on 11/2/2011 to edit text (awil).
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Filing 882
RESPONSE in Opposition re 829 Supplemental MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, Renewed Pursuant to July 18, 2011 Order (Doc. 773),Plaintiff Uhlig's Supplement to its Opposition to Renewed Motion for Partial Reconsideration of Order on Defendants' Motion for Summary Judgment Response filed by UHLIG LLC.Reply to Response to Motion due by 11/14/2011 (Attachments: # 1 Exhibit A Correspondence from Adam Shirley to Angela Diamantis dated January 2, 2007 (Filed Under Seal), # 2 Exhibit B Composite List of Supporting Documents Identified in the Appendices to Uhligs Supplemental Discovery Response (Filed Under Seal), # 3 Exhibit C Excerpt from CCMs Privacy Policy (Filed Under Seal), # 4 Exhibit D Confidentiality and Non-Disclosure Agreement signed by Adam Shirley (Filed Under Seal))(Gibbes, Frank) Modified on 11/2/2011 to remove duplicative text (awil).
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Filing 886
Panel Strike List. (pbri, )
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Filing 885
Jury List. (pbri, )
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Filing 884
Minute Entry. Proceedings held before Honorable Timothy M Cain: Jury Selection held on 11/1/2011. Court Reporter Jean Cole. (pbri, )
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Filing 881
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Motion Hearing held on 10/26/11, before Judge J. Michelle Childs. Court Reporter Karen E. Martin, Telephone number/E-mail 864-201-8411, Karen_E_Martin@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 11/22/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (kmartin)
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Filing 880
RESPONSE in Opposition re 839 MOTION in Limine - Motion to Exclude Expert Testimony of Steve Abrams and Alan Austin Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley.Reply to Response to Motion due by 11/10/2011 (Attachments: # 1 Exhibit 1, Excerpts of Deposition Testimony of Alan Austin, # 2 Exhibit 2, Expert Report of Mark Johnson)(Major, Denny)
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Filing 879
OBJECTIONS byEventelope LLC, Prism Content Solutions LLC, John Adam Shirley to 842 Pretrial Disclosures. (Major, Denny)
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Filing 878
OBJECTIONS byUHLIG LLC to 841 Pretrial Disclosures. (Gibbes, Frank)
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Filing 877
SUPPLEMENT by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley to 862 Response in Opposition to Motion,. (Attachments: # 1 Appendix B to the Fifth Affidavit of Steven M. Abrams (corrected))(Major, Denny) Modified on 10/31/2011 to remove duplicate text(alew, ).
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Filing 876
Letter from Amanda Dorsey Marcengill regarding affidavit. (Attachments: # 1 Envelope)(awil)
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Filing 875
TEXT ORDER Before the court is Plaintiff Uhlig's Motion to Bifurcate Prisms Counterclaim for Declaratory Judgment 811 . "For convenience, to avoid prejudice, or to expedite and economize, the court may order a separate trial of one of more separate issues, claims, crossclaims, counterclaims, or third-party claims." Fed. R. Civ. P. 42(b). The decision of whether to bifurcate claims for trial is within the court's broad discretion. Johnson v. Prince George's Cnty, Md., DKC-0582, 2011 WL 3267893, at *1 (D. Md. July 28, 2011) (citing Dixon v. CSX Transp., Inc., 990 F.2d 1440, 1443 (4th Cir.)). Plaintiff Uhlig LLC ("Uhlig") argues that bifurcation of the trial to separate Uhlig's claims for damages from Defendant Prism Content Solutions LLC's ("Prism") counterclaim for declaratory judgment would facilitate convenience and efficiency and would eliminate risk of juror confusion and prejudice to Uhlig. Uhlig contends that the witnesses, exhibits, legal issues, and facts relevant to Uhlig's claims are distinct from those relevant to Prisms counterclaim. However, Uhlig concedes that three witness having information potentially relevant to Prisms counterclaim may also be called upon to provide testimony regarding Uhlig's claims. Further, Uhlig concedes that one evidentiary exhibit relevant to Prism's counterclaim is anticipated to be introduced based on relevancy to Uhlig's claims. Therefore, the court finds that bifurcation of the trial will not lead to greater convenience or efficiency and may lead to an unnecessary increase of litigation costs. Accordingly, Uhlig's motion is denied. Regarding Uhlig's request that Prisms counterclaim be decided by the court rather than the jury, the court finds that the nature of Prism's counterclaim is not overwhelmingly complex; therefore, the issue of Prism's counterclaim may appropriately be submitted to the jury. Signed by Honorable J Michelle Childs on 10/27/11.(awil)
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Filing 874
Minute Entry for Proceedings held before Honorable J Michelle Childs: motions hearing re: 716 , 799 , 807 , 811 , 816 , 824 , and 829 .
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Filing 872
Sealed Document in re document 868 . (Attachments: # 1 Exhibit R October 15, 2011 Affidavit of Al Johnson (without Appendices) (Filed Under Seal), # 2 Exhibit S1 - Confidential Deposition Excerpts of Cindy Judd (Filed Under Seal), # 3 Exhibit T - Transition Incentive Agreement of Cindy Judd (Filed Under Seal), # 4 Exhibit U - Involuntary Separation Agreement and Release of Cindy Judd (Filed Under Seal), # 5 Exhibit W - Transition Incentive Agreement of Progressive Printing (Filed Under Seal), # 6 Exhibit X - David Galloway Severance Letter (Filed Under Seal), # 7 Exhibit Y - Transition Incentive Agreement of David Galloway (Filed Under Seal), # 8 Exhibit Z - Gary Cox Severance Letter (Filed Under Seal), # 9 Exhibit AA - Nondisclosure and Nonsolicitation Agreements of Progressive Printing Employees (Filed Under Seal), # 10 Exhibit BB - Transition Incentive Agreement of Gary Cox (Filed Under Seal), # 11 Exhibit CC - Transition Incentive Agreement of Randall Oliver (Filed Under Seal), # 12 Exhibit EE - 2008-2010 Prism Revenues from CCM Customers (Filed Under Seal), # 13 Exhibit FF Other Prism Revenues (Filed Under Seal), # 14 Exhibit GG - 2008-2010 Prism Revenues Obtained without Direct Use of Trade Secrets (Filed Under Seal), # 15 Exhibit II - January 2008 Newsletters.Doc (Filed Under Seal))(Gibbes, Frank)
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Filing 871
Sealed Document in re document 868 . (Attachments: # 1 Exhibit B - Affidavit of Amanda Dorsey Marcengill (with exhibits) (Part 1) (Filed Under Seal), # 2 Exhibit B - Affidavit of Amanda Dorsey Marcengill (with exhibits) (Part 2) (Filed Under Seal), # 3 Exhibit C - Affidavit of Mark A. Uhlig (Filed Under Seal), # 4 Exhibit E - Appendix I to Al Johnsons September 20, 2011 Report )(Hand-Delivered to Court and Opposing Counsel with Courtesy Copy of Memorandum) (Filed Under Seal), # 5 Exhibit F - Pricing formula for adam.xls (Filed Under Seal), # 6 Exhibit G - Master Cost Worksheet (Filed Under Seal), # 7 Exhibit H - fbilling080225.xls (Filed Under Seal), # 8 Exhibit I - Barnes & Noble Compilation (Filed Under Seal), # 9 Exhibit K January 3, 2008 E-mail from Shane Taylor to Adam Shirley (Filed Under Seal), # 10 Exhibit N - Onsite Media Solutions: Business Plan (Filed Under Seal), # 11 Exhibit O February 25, 2008 E-mail from Amanda Dorsey to Adam Shirley (Filed Under Seal))(Gibbes, Frank)
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Filing 870
Sealed Document in re document 868 . (Attachments: # 1 Plaintiff's Opposition to Defendants' Renewed Motion for Partial Reconsideration of Order on Defendants' Motion for Summary Judgment, # 2 Exhibit A - Supplemental Discovery Responses (with appendices)(Hand-Delivered to Court and Opposing Counsel with Courtesy Copy of Memorandum) (Part 1) (Filed Under Seal), # 3 Exhibit A - Supplemental Discovery Responses (with appendices)(Hand-Delivered to Court and Opposing Counsel with Courtesy Copy of Memorandum) (Part 2) (Filed Under Seal), # 4 Exhibit A - Supplemental Discovery Responses (with appendices)(Hand-Delivered to Court and Opposing Counsel with Courtesy Copy of Memorandum) (Part 3) (Filed Under Seal), # 5 Exhibit A - Supplemental Discovery Responses (with appendices)(Hand-Delivered to Court and Opposing Counsel with Courtesy Copy of Memorandum) (Part 4) (Filed Under Seal), # 6 Exhibit A - Supplemental Discovery Responses (with appendices)(Hand-Delivered to Court and Opposing Counsel with Courtesy Copy of Memorandum) (Part 5) (Filed Under Seal), # 7 Exhibit A - Supplemental Discovery Responses (with appendices)(Hand-Delivered to Court and Opposing Counsel with Courtesy Copy of Memorandum) (Part 6) (Filed Under Seal), # 8 Exhibit A - Supplemental Discovery Responses (with appendices)(Hand-Delivered to Court and Opposing Counsel with Courtesy Copy of Memorandum) (Part 7) (Filed Under Seal), # 9 Exhibit A - Supplemental Discovery Responses (with appendices)(Hand-Delivered to Court and Opposing Counsel with Courtesy Copy of Memorandum) (Part 8) (Filed Under Seal))(Gibbes, Frank)
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Filing 869
Sealed Document in re document 867 . (Major, Denny)
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Filing 868
TEXT ORDER Plaintiff Uhlig, LLC's Motion to File Documents Under Seal 866 , referring to its memorandum in Opposition to Defendants' Renewed Motion for Partial Reconsideration of Order on Defendants' Motion for Summary Judgment and related exhibits is granted. These documents shall be filed under seal consistent with the Confidentiality Order 64 and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Defendants. Plaintiff is further instructed to file a redacted version of its memorandum in Opposition to Defendants' Renewed Motion for Partial Reconsideration of Order on Defendants' Motion for Summary Judgment which shall be available on the public docket for the case. Signed by Honorable J Michelle Childs on 10/25/11.(awil)
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Filing 867
TEXT ORDER Defendants' Motion to File Documents Under Seal 864 , referring to their un-redacted memorandum in Opposition to Plaintiffs Motion for an Order Finding Defendants in Contempt and related exhibits is granted. These documents shall be filed under seal consistent with the Confidentiality Order 64 and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Plaintiff. Signed by Honorable J Michelle Childs on 10/25/11.(awil)
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Filing 866
MOTION to Seal Document 865 Response in Opposition to Motion by UHLIG LLC. Response to Motion due by 11/10/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank) Modified on 10/25/2011 to edit text (awil).
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Filing 865
RESPONSE in Opposition re 829 Supplemental MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, Renewed Pursuant to July 18, 2011 Order (Doc. 773),Supplemental MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, Renewed Pursuant to July 18, 2011 Order (Doc. 773),Supplemental MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, Renewed Pursuant to July 18, 2011 Order (Doc. 773),Supplemental MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, Renewed Pursuant to July 18, 2011 Order (Doc. 773),Supplemental MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, Renewed Pursuant to July 18, 2011 Order (Doc. 773),Supplemental MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, Renewed Pursuant to July 18, 2011 Order (Doc. 773), Response filed by UHLIG LLC.Reply to Response to Motion due by 11/3/2011 (Attachments: # 1 Exhibit A - Supplemental Discovery Responses (with appendices)(Hand-Delivered to Court and Opposing Counsel with Courtesy Copy of Memorandum) (Filed Under Seal), # 2 Exhibit B - Affidavit of Amanda Dorsey Marcengill (with exhibits) (Part 1) (Filed Under Seal), # 3 Exhibit B - Affidavit of Amanda Dorsey Marcengill (with exhibits) (Part 2) (Filed Under Seal), # 4 Exhibit C - Affidavit of Mark A. Uhlig (Filed Under Seal), # 5 Exhibit D - Article: Phillip A. Kilgore and Charles N. Griffin, III, Trade Secrets in South Carolina: New Act Changes Outlook for Employers, 9 S.C. Lawyer, Ed. 4, p. 20, # 6 Exhibit E - Appendix I to Al Johnsons September 20, 2011 Report )(Hand-Delivered to Court and Opposing Counsel with Courtesy Copy of Memorandum) (Filed Under Seal), # 7 Exhibit F - Pricing formula for adam.xls (Filed Under Seal), # 8 Exhibit G - Master Cost Worksheet (Filed Under Seal), # 9 Exhibit H - fbilling080225.xls (Filed Under Seal), # 10 Exhibit I - Barnes & Noble Compilation (Filed Under Seal), # 11 Exhibit J - Defendant John Adam Shirleys First Set of Interrogatories No. 2, # 12 Exhibit K January 3, 2008 E-mail from Shane Taylor to Adam Shirley (Filed Under Seal), # 13 Exhibit L Deposition Excerpts of Shane Taylor, # 14 Exhibit M February 14, 2008 E-mail from Adam Shirley to Todd Baldree and Buddy Long, # 15 Exhibit N - Onsite Media Solutions: Business Plan (Filed Under Seal), # 16 Exhibit O February 25, 2008 E-mail from Amanda Dorsey to Adam Shirley (Filed Under Seal), # 17 Exhibit P February 25, 2008 E-mail from Tina Reusch to Adam Shirley and others, # 18 Exhibit Q February 25, 2008 E-mail from Amanda Dorsey to Adam Shirley, # 19 Exhibit R October 15, 2011 Affidavit of Al Johnson (without Appendices) (Filed Under Seal), # 20 Exhibit S Deposition Excerpts of Cindy Judd, # 21 Exhibit S1 - Confidential Deposition Excerpts of Cindy Judd (Filed Under Seal), # 22 Exhibit T - Transition Incentive Agreement of Cindy Judd (Filed Under Seal), # 23 Exhibit U - Involuntary Separation Agreement and Release of Cindy Judd (Filed Under Seal), # 24 Exhibit V 30(b)(6) Deposition Excerpts of CCM, # 25 Exhibit W - Transition Incentive Agreement of Progressive Printing (Filed Under Seal), # 26 Exhibit X - David Galloway Severance Letter (Filed Under Seal), # 27 Exhibit Y - Transition Incentive Agreement of David Galloway (Filed Under Seal), # 28 Exhibit Z - Gary Cox Severance Letter (Filed Under Seal), # 29 Exhibit AA - Nondisclosure and Nonsolicitation Agreements of Progressive Printing Employees (Filed Under Seal), # 30 Exhibit BB - Transition Incentive Agreement of Gary Cox (Filed Under Seal), # 31 Exhibit CC - Transition Incentive Agreement of Randall Oliver (Filed Under Seal), # 32 Exhibit DD Deposition Excerpts of John Adam Shirley, # 33 Exhibit EE - 2008-2010 Prism Revenues from CCM Customers (Filed Under Seal), # 34 Exhibit FF Other Prism Revenus (Filed Under Seal), # 35 Exhibit GG - 2008-2010 Prism Revenues Obtained without Direct Use of Trade Secrets (Filed Under Seal), # 36 Exhibit HH December 11, 2007 E-mail from Tina Reusch to Melissa Robison, # 37 Exhibit II - January 2008 Newsletters.Doc (Filed Under Seal), # 38 Exhibit JJ Out-of-Region Court Decisions and Decisions Published in Various Specialized Reporting Services (Part 1), # 39 Exhibit JJ Out-of-Region Court Decisions and Decisions Published in Various Specialized Reporting Services (Part 2), # 40 Exhibit JJ Out-of-Region Court Decisions and Decisions Published in Various Specialized Reporting Services (Part 3))(Gibbes, Frank)
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Filing 864
MOTION to Seal Document 863 Response in Opposition to Motion,,, by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 11/10/2011 (Attachments: # 1 Exhibit A, non-confidentia index of documents at issue, # 2 Exhibit B, Certificate of Compliance)No proposed order(Major, Denny)
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Filing 863
RESPONSE in Opposition re 824 MOTION for Contempt - Motion for an Order Finding the Shirley Defendants in Contempt of Court for Violating the Preliminary Injunction Order by Uhlig LLC Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley.Reply to Response to Motion due by 11/3/2011 (Attachments: # 1 Exhibit 1, November 5, 2008 Letter, # 2 Exhibit 2, Excerpt from Transcript of Cynthia Judd Deposition, # 3 Exhibit 3, 2011 Largest Senior Living Providers (As of Jan. 1, 2011), Assisted Living Executive (May/June 2011), # 4 Exhibit 4, 2009 ASHA 50 Owners: 50 Largest U.S. Seniors Housing Owners as of July 1, 2009, # 5 Exhibit 5, Excerpts from Amanda Dorsey Marcengill Deposition Transcript, # 6 Exhibit 6, Excerpts from Prism Content Solutions Rule 30(b)(6) Deposition (Adam Shirley), # 7 Exhibit 7, Portion of Senior Lifestyle Website)(Major, Denny)
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Filing 862
RESPONSE in Opposition re 816 Second MOTION to Strike the Shirley Defendants' Defenses and For a Judgment of Liability in Favor of Plaintiff Because of Concealment of Material Evidence by Defendants - by Uhlig LLC MOTION for Judgment on the Pleadings Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley.Reply to Response to Motion due by 11/3/2011 (Attachments: # 1 Exhibit 1, Fifth Affidavit of Steven M. Abrams)(Major, Denny)
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Filing 861
REPLY to Response to Motion re 811 MOTION to Bifurcate Prism's Counterclaim for Declaratory Judgment by Uhlig LLC Response filed by UHLIG LLC. (Gibbes, Frank)
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Filing 860
TEXT ORDER The court advises the parties of the following time allocation for the hearing scheduled on October 26, 2011: 1) The hearing will begin with a discussion on Defendants' Renewed Summary Judgment Motion 829 . Defendants shall have 15 minutes to present their motion. Plaintiff shall have 15 minutes to respond, and Defendants shall have 5 minutes to reply. 2) The court will then allow the parties to present arguments on the pending motions regarding sanctions for alleged discovery abuses [716, 799, 807, 816, and 824]. Plaintiff and Defendants shall each have 15 minutes to present their positions on the motions to the court. 3) If time permits, the court will then allow the parties to briefly address the issue of bifurcation 807 . The court may have specific questions for the parties related to the motions and, generally, will not decrease the parties allocated time due to specific court inquiries. The court anticipates that the entirety of the hearing to last approximately 1 hour and 30 minutes, but reserves the right to allow additional time if warranted. Signed by Honorable J Michelle Childs on 10/20/11. (awil)
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Filing 859
TEXT ORDER In consideration of the parties request for modification of certain deadlines associated with the submission of pretrial briefs in this case, the court orders as follows: 1) The parties shall provide the court with their requests for voir dire questions on or before October 25, 2011; 2) The parties shall exchange proposed exhibit lists with the opposing party by November 7, 2011, and exchange objections and meet to finalize the exhibit list by November 14, 2011. The parties shall provide the court with the final exhibit list along with a list of any unresolved objections by November 21, 2011; 3) The parties shall provide the court with the remainder of the pretrial brief, including joint proposed jury instructions by November 21, 2011. To the extent that there are specific instructions to which the parties cannot agree, the parties should submit alternative versions of only those instructions upon which no agreement is made. Signed by Honorable J Michelle Childs on 1/19/11. (awil)
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Filing 858
SUPPLEMENT by UHLIG LLC to 311 Plaintiff's ID of Expert Witnesses - Damages. (Gibbes, Frank)
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Filing 857
NOTICE to counsel regarding jury selection: 1.All Requests to Charge, Requests for Voir Dire and Proposed Verdict Forms shall be submitted to the court by email to Childs_ecf@scd.uscourts.gov in WordPerfect 9 OR MSWORD format at least one week prior to the beginning of the term of court. These documents shall not be filed. 2. All strikes for cause must be submitted jointly by email to the Clerk's office at filingdocs_ecf_gren@scd.uscourts.gov NO LATER THAN 11:00 a.m. THE DAY BEFORE JURY SELECTION. 3. The jury list will be available in the Clerk's Office seven (7) days prior to jury selection. Pursuant to Local Rule 47.02 the Court will submit written interrogatories to the jury venire. Copies of the responses will be available for purchase. To purchase copies of questionnaires or obtain a list of jurors, a request form (found on the Court's website), must be submitted to the Clerk's office via email at filingdocs_ecf_gren@scd.uscourts.gov. You are responsible for submitting the approved form to Aim Mail Center, 864-242-2900, when purchasing the Questionnaires. Copies of the responses will be available for review in the Clerk's office seven days prior to jury selection. THESE INTERROGATORIES WILL NOT BE REPEATED AT JURY SELECTION. (awil)
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Filing 856
Sealed Document in re document 846 . (Attachments: # 1 Exhibit 1 - Portions of Uhlig's "Supplemental Discovery Response Identifying Trade Secrets" (Filed Under Seal), # 2 Exhibit 2 - Portions of Transcript of July 12, 2011 Hearing (Filed Under Seal), # 3 Exhibit 3 - Portions of Appendices to Uhlig's Response (Filed Under Seal), # 4 Exhibit 5 - Portion of Al Johnson Report of Troxell Files with "C-D Holiday Cards.pdf" (Filed Under Seal), # 5 Exhibit 6 - Portion of Transcript of Uhlig Deposition (Filed Under Seal), # 6 Exhibit 7 - Shirley E-mail Sending "C-D Holiday Cards.pdf" (from Al Johnson report of e-mails) (Filed Under Seal), # 7 Exhibit 8 - 2008 Revenue Information on Cindy Judd Computer, CJ 01810-12 (Filed Under Seal), # 8 Exhibit 9 - Shirley E-mail Sending "Budrev07revised.xls" (from Al Johnson report of e-mails) (Filed Under Seal), # 9 Exhibit 10 - Shirley E-mail Sending "acctanalysis6-27.xls" (from Al Johnson report of e-mails) (Filed Under Seal))(Major, Denny)
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Filing 855
MOTION to Seal Document 852 MOTION in Limine by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 11/3/2011 (Attachments: # 1 Exhibit Non-confidential index of documents, # 2 Exhibit Certificate of Compliance)No proposed order(Major, Denny)
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Filing 854
MOTION to Seal Document 853 MOTION in Limine by UHLIG LLC. Response to Motion due by 11/3/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 853
MOTION in Limine by UHLIG LLC. Response to Motion due by 11/3/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit A - David Galloway Severance Letter (Filed Under Seal), # 3 Exhibit B - Transition Incentive Agreement of David Galloway (Filed Under Seal), # 4 Exhibit C - Gary Cox Severance Letter (Filed Under Seal), # 5 Exhibit D - Nondisclosure and Nonsolicitation Agreements of Progressive Printing Employees (Filed Under Seal), # 6 Exhibit E - Transition Incentive Agreement of Gary Cox (Filed Under Seal), # 7 Exhibit F - Transition Incentive Agreement of Randall Oliver (Filed Under Seal), # 8 Exhibit G - Transition Incentive Agreement of Progressive Printing (Filed Under Seal), # 9 Exhibit H - Excerpts from Deposition of Cindy Judd, # 10 Exhibit H1 - Confidential Excerpts from Deposition of Cindy Judd (Filed Under Seal), # 11 Exhibit I - Transition Incentive Agreement of Cindy Judd (Filed Under Seal), # 12 Exhibit J - Involuntary Separation Agreement and Release of Cindy Judd (Filed Under Seal), # 13 Exhibit K - July 8, 2008 letter from Michael Giese to Frank Gibbes (Filed Under Seal), # 14 Exhibit L - Excerpts from Deposition of John Adam Shirley, # 15 Exhibit M - Out-of-Region Court Decisions and Decisions Published in Various Specialized Reporting Services (Part 1), # 16 Exhibit M - Out-of-Region Court Decisions and Decisions Published in Various Specialized Reporting Services (Part 2), # 17 Exhibit M - Out-of-Region Court Decisions and Decisions Published in Various Specialized Reporting Services (Part 3))No proposed order(Gibbes, Frank)
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Filing 852
MOTION in Limine by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 11/3/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit 1, Excerpts of Dr. Perry Woodside Deposition Transcript (to be partially filed under seal), # 3 Exhibit 2, Uhlig Revenue Analysis Dated 2/14/2008 (filed under seal), # 4 Exhibit 3, Uhlig Valuation Notes (filed under seal), # 5 Exhibit 4, 12/31/2008 Audited Financial Statements (filed under seal), # 6 Exhibit 5, Portions of Uhlig Patent Application, # 7 Exhibit 6, Excerpt of Ingebrigtson Deposition Transcript, # 8 Exhibit 7, Excerpts of Aiello Deposition Transcript, # 9 Exhibit 8, Excerpts of Cynthia Judd Deposition Transcript, # 10 Exhibit Excerpt of Uhligs Objections and Responses to Shirleys First Set of Interrogatories, # 11 Exhibit 10, Excerpt of Uhligs Objections and Responses to Prisms First Set of Interrogatories, # 12 Exhibit 11, Excerpt of Uhligs Supplemental Objections and Responses to Shirleys First Set of Interrogatories, # 13 Exhibit Unpublished Opinions)No proposed order(Major, Denny)
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Filing 851
Sealed Document in re document 847 . (Attachments: # 1 Exhibit A - May 8, 2009 Expert Report of Perry Woodside (Filed Under Seal), # 2 Exhibit B - July 1, 2011 Expert Report of Al Johnson (without Appendices)(Unredacted))(Gibbes, Frank)
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Filing 850
Sealed Document in re document 845 . (Attachments: # 1 Memo in Support, # 2 Exhibit A - Affidavit of Alfred L. Johnson (Unredacted), # 3 Exhibit B - Customer Investor Material (Filed Under Seal), # 4 Exhibit C- Invoices from Prism Content Solutions to a Customer (Filed Under Seal))(Gibbes, Frank)
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Filing 849
Sealed Document in re document 844 . (Attachments: # 1 Memo in Support, # 2 Exhibit A (Part 1) - Affidavit of Amanda Dorsey Marcengill (UNREDACTED) (Filed Under Seal), # 3 Exhibit A (Part 2) - Affidavit of Amanda Dorsey Marcengill (UNREDACTED) (Filed Under Seal), # 4 Exhibit E - October 2, 2011 Affidavit of Alfred L. Johnson (Unredacted), # 5 Exhibit I - Excerpts from Appendix B to Steve Abrams Expert Report dated July 25, 2011 (Filed Under Seal), # 6 Exhibit J - Travel Drive DVD U05556 (Filed Under Seal))(Gibbes, Frank)
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Filing 848
Sealed Document in re document 843 . (Attachments: # 1 Uhlig's Response in Opposition to Defendants' Motion for Sanctions for Spoliation of Evidence, # 2 Exhibit A - Transition Incentive Agreement of Cindy Judd (Filed Under Seal), # 3 Exhibit B - Transition Incentive Agreement of Progressive Printing (Doc. 394-6) (Filed Under Seal), # 4 Exhibit C - Uhlig Shipping Documents (Filed Under Seal), # 5 Exhibit I - David Galloway Severance Letter (Filed Under Seal), # 6 Exhibit J - David Galloway Transition Incentive Agreement (Filed Under Seal), # 7 Exhibit K - Gary Cox Severance Letter (Filed Under Seal), # 8 Exhibit L - Nondisclosure and Nonsolicitation Agreements of Progressive Printing Employees (Filed Under Seal), # 9 Exhibit M Transition Incentive Agreement of Gary Cox(Filed Under Seal), # 10 Exhibit N Transition Incentive Agreement of Randall Oliver (Filed Under Seal), # 11 Exhibit O1 - Portions of Cindy Judds Deposition (Confidential) (Filed Under Seal))(Gibbes, Frank)
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Filing 847
TEXT ORDER Plaintiff Uhlig, LLC's Motion to File Documents Under Seal 840 , referring to exhibits attached to its Memorandum of Law in Support of Plaintiffs Motion to Exclude Expert Testimony of Steve Abrams and Alan Austin to is granted. These documents shall be filed under seal consistent with the Confidentiality Order 64 and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Defendants. Signed by Honorable J Michelle Childs on 10/17/11.(awil)
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Filing 846
TEXT ORDER Defendants John Adam Shirley, Prism Content Solutions, LLC, and Eventelope, LLC's Motion to File Documents Under Seal 830 , referring to its unredacted Renewed Motion for Partial Reconsideration of the Order on Defendants Motion for Summary Judgment and related exhibits is granted. These documents shall be filed under seal consistent with the Confidentiality Order 64 and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Plaintiff. Signed by Honorable J Michelle Childs on 10/17/11.(awil)
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Filing 845
TEXT ORDER Plaintiff Uhlig, LLC's Motion to File Documents Under Seal 825 , referring to its unredacted Memorandum in Support of their Motion for an Order Finding the Shirley Defendants in Contempt of Court for Violating the Preliminary Injunction Order and related exhibits is granted. These documents shall be filed under seal consistent with the Confidentiality Order 64 and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Defendants. Signed by Honorable J Michelle Childs on 10/17/11.(awil)
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Filing 844
TEXT ORDER Plaintiff Uhlig, LLC's Motion to File Documents Under Seal 817 , referring to its unredacted Memorandum in Support of its Second Motion to Strike the Shirley Defendants' Defenses and for a Judgment of Liability in Favor of Plaintiff Because of Concealment of Material Evidence by Defendants and related exhibits is granted. These documents shall be filed under seal consistent with the Confidentiality Order 64 and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Defendants. Signed by Honorable J Michelle Childs on 10/17/11.(awil)
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Filing 843
TEXT ORDER Plaintiff Uhlig, LLC's Motion to File Documents Under Seal 815 , referring to its unredacted Opposition to Defendants' Motion for Sanctions for Spoliation of Evidence and related exhibits is granted. These documents shall be filed under seal consistent with the Confidentiality Order 64 and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Defendants. Signed by Honorable J Michelle Childs on 10/17/11.(awil)
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Filing 842
RULE 26(a)(3)PRETRIAL DISCLOSURES by UHLIG LLC. Objections to PreTrial Disclosures due by 10/31/2011.(Gibbes, Frank)
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Filing 841
RULE 26(a)(3)PRETRIAL DISCLOSURES by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Objections to PreTrial Disclosures due by 10/31/2011. (Attachments: # 1 Exhibit A, Preliminary Exhibit List)(Major, Denny)
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Filing 840
MOTION to Seal Document 839 MOTION in Limine - Motion to Exclude Expert Testimony of Steve Abrams and Alan Austin by UHLIG LLC. Response to Motion due by 10/31/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 839
MOTION in Limine - Motion to Exclude Expert Testimony of Steve Abrams and Alan Austin by UHLIG LLC. Response to Motion due by 10/31/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit A May 8, 2009 Expert Report of Perry Woodside (Filed Under Seal), # 3 Exhibit B July 1, 2011 Expert Report of Al Johnson dated July 1, 2011 (without Appendices) (Redacted), # 4 Exhibit C September 20, 2011 Supplemental Report of Al Johnson (without Appendices), # 5 Exhibit D June 25, 2009 Expert Report of Alan Austin (without Appendices), # 6 Exhibit E - Excerpts from Deposition of Alan Austin, # 7 Exhibit F October 11, 2008 Expert Report of Steve Abrams, # 8 Exhibit G July 25, 2011 Expert Report of Steve Abrams (without Appendices), # 9 Exhibit H - Out-of-Region Court Decisions and Decisions Published in Various Specialized Reporting Services (Part 1), # 10 Exhibit H - Out-of-Region Court Decisions and Decisions Published in Various Specialized Reporting Services (Part 2))No proposed order(Gibbes, Frank)
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Filing 838
RESPONSE in Opposition re 811 MOTION to Bifurcate Prism's Counterclaim for Declaratory Judgment by Uhlig LLC Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley.Reply to Response to Motion due by 10/24/2011 (Attachments: # 1 Exhibit Unpublished Opinions)(Major, Denny)
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Filing 837
REPLY to Response to Motion re 807 MOTION for Sanctions for Spoliation of Evidence Against Uhlig, LLC Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. (Attachments: # 1 Exhibit 1, Affidavit of Shannon Page Priest dated October 11, 2011, # 2 Exhibit 2, Portion of Transcript from Uhlig 30(b)(6) Deposition, # 3 Exhibit 3, Letter Identifying Brian Cooper as CCM Rule 30(b)(6) Corporate Designee, # 4 Exhibit 4, Portion of Deposition Transcript of CCM 30(b)(6) designee)(Major, Denny)
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Filing 836
NOTICE of Hearing on Motions 716 , 799 , 807 , 811 , 816 , 824 , and 829 . Motion Hearing set for 10/26/2011 10:00 AM in Greenville #1, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable J Michelle Childs. (jtho, )
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Filing 835
TEXT ORDER granting 826 Motion for Hearing. Signed by Honorable J Michelle Childs on 10/12/11.(jtho, )
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Filing 834
Sealed Document in re document 831 . (Attachments: # 1 Uhlig LLC's Reply in Support of Its Motion for Evidentiary Sanctions Precluding Defendants from Using the Smith Hines Road Materials and for Monetary Sanctions)(Gibbes, Frank)
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Filing 833
Sealed Document in re document 832 . (Attachments: # 1 Memo in Support, # 2 Exhibit B - February 25, 2008 E-mail from Shirley to Jones and Long (FILED UNDER SEAL), # 3 Exhibit F - Affidavit of Bryan Fordham (FILED UNDER SEAL), # 4 Exhibit H - May 4, 2008 E-mail from Dorsey to Shirley, Jones and Richardson Re: Prismcontent.com (FILED UNDER SEAL))(Gibbes, Frank)
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Filing 832
TEXT ORDER Plaintiff Uhlig, LLC's Motion to File Documents Under Seal 812 , referring to its unredacted Memorandum in Support of Uhligs Motion to Bifurcate Prisms Counterclaim for Declaratory Judgment and Exhibits B, F, and H attached thereto is granted. These documents shall be filed under seal consistent with the Confidentiality Order 64 and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Defendants. Signed by Honorable J Michelle Childs on 10/11/11.(awil)
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Filing 831
TEXT ORDER Plaintiff Uhlig, LLC's Motion to File Documents Under Seal 810 , referring to its unredacted Reply in Support of Motion for Evidentiary Sanctions Precluding Defendants from Using the Smith Hines Road Materials and for Monetary Sanctions is granted. This document shall be filed under seal consistent with the Confidentiality Order 64 and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Defendants. Signed by Honorable J Michelle Childs on 10/11/11.(awil)
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Filing 830
MOTION to Seal Document 829 Supplemental MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, Renewed Pursuant to July 18, 2011 Order (Doc. 773), by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 10/24/2011 (Attachments: # 1 Exhibit A, Non-confidential Description of Documents, # 2 Exhibit B, Certificate of Compliance)No proposed order(Major, Denny) Modified on 10/11/2011 to remove duplicative text (awil).
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Filing 829
Supplemental MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, Renewed Pursuant to July 18, 2011 Order (Doc. 773), by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 10/24/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit 1, Portions of Uhlig's Supplemental Response Identifying Trade Secrets (filed under seal), # 3 Exhibit 2, Portions of Transcript of July 12, 2011 Hearing (filed under seal), # 4 Exhibit 3, Portions of Appendices to Uhligs Response (filed under seal), # 5 Exhibit 4, Cover to Uhligs Supplemental Response, # 6 Exhibit 5, Portion of Al Johnson Report of Troxell Files with C-D Holiday Cards.pdf (filed under seal), # 7 Exhibit 6, Portion of Transcript of Uhlig Deposition (filed under seal), # 8 Exhibit 7, Shirley E-mail Sending C-D Holiday Cards.pdf (from Al Johnson report of e-mails) (filed under seal), # 9 Exhibit 8, 2008 Revenue Information on Cindy Judd Computer, CJ 01810-12 (filed under seal), # 10 Exhibit 9, Shirley E-mail Sending Budrev07revised.xls (from Al Johnson report of e-mails) (filed under seal), # 11 Exhibit 10, Shirley E-mail Sending acctanalysis6-27.xls (from Al Johnson report of e-mails) (filed under seal), # 12 Exhibit 11, Secondary Sources and Unpublished Opinions)No proposed order(Major, Denny)
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Filing 828
Sealed Document in re document 821 . (Attachments: # 1 Exhibit 6 - Excerpts from Cynthia Judd Deposition (Filed Under Seal), # 2 Exhibit 8 - Production Notes from Cindy Judd's Laptop (Filed Under Seal), # 3 Exhibit 9 - Production Notes Produced by Uhlig (Filed Under Seal))(Major, Denny)
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Filing 827
Sealed Document in re document 820 . (Attachments: # 1 Exhibit 6 - Excerpts of Cynthia Judd Deposition (Filed Under Seal), # 2 Exhibit 11 - Cox Enterprises March 24, 2009 Letter (Filed Under Seal))(Major, Denny)
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Filing 826
MOTION for Hearing re 716 MOTION to Strike Defenses or, in the Alternative, for Adverse Inference Instruction Due to Spoliation of Evidence by Uhlig LLC, 824 MOTION for Contempt - Motion for an Order Finding the Shirley Defendants in Contempt of Court for Violating the Preliminary Injunction Order by Uhlig LLC, 816 Second MOTION to Strike the Shirley Defendants' Defenses and For a Judgment of Liability in Favor of Plaintiff Because of Concealment of Material Evidence by Defendants - by Uhlig LLC MOTION for Judgment on the Pleadings. Response to Motion due by 10/24/2011 No proposed order(Gibbes, Frank)
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Filing 825
MOTION to Seal Document 824 MOTION for Contempt - Motion for an Order Finding the Shirley Defendants in Contempt of Court for Violating the Preliminary Injunction Order by Uhlig LLC. Response to Motion due by 10/24/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 824
MOTION for Contempt - Motion for an Order Finding the Shirley Defendants in Contempt of Court for Violating the Preliminary Injunction Order by Uhlig LLC. Response to Motion due by 10/24/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit A - Affidavit of Alfred L. Johnson (Redacted), # 3 Exhibit B - Customer Investor Material (Filed Under Seal), # 4 Exhibit C - Invoices from Prism Content Solutions to Customer (Filed Under Seal), # 5 Exhibit D - Out-of-Region Court Decision and Decision Published in Specialized Reporting Services)No proposed order(Gibbes, Frank)
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Filing 823
Sealed Document in re document 819 . (Attachments: # 1 Memo in Support, # 2 Exhibit B - Master Lease (Filed Under Seal), # 3 Exhibit D - Lease Modification Agreement (Filed Under Seal), # 4 Exhibit E - May 31, 2007 Sublease from Cox CustomMedia, Inc. to Progressive Printing, Inc. (Filed Under Seal), # 5 Exhibit F - Leased Employee Agreement (Filed Under Seal), # 6 Exhibit G - Transition Incentive Agreement (Filed Under Seal))(Gibbes, Frank)
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Filing 822
Sealed Document in re document 818 . (Attachments: # 1 Uhlig LLC's Surreply to Defendants' Reply to Uhlig's Opposition to Defendants' Motion for Summary Judgment on Damages Attributable to Brookdale, Sunrise and The Sunshine House)(Gibbes, Frank)
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Filing 821
TEXT ORDER Defendants' Motion to File Documents Under Seal 808 , referring to its unredacted Defendants' Memorandum in Support of Defendants' Motion for Sanctions for Spoliation of Evidence against Uhlig, LLC and Exhibit 6, Exhibit 8, and Exhibit 9 to Defendants' Motion for Sanctions for Spoliation of Evidence against Uhlig, LLC is granted. These documents shall be filed under seal consistent with the Confidentiality Order 64 and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Plaintiff. Signed by Honorable J Michelle Childs on 10/6/11.(awil)
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Filing 820
TEXT ORDER Defendants' Motion to File Documents Under Seal 806 , referring to Exhibit 6 to Defendants' Response to Uhlig, LLC's Motion for Evidentiary Sanctions Precluding Defendants from Using the Smith Hines Road Materials and for Monetary Sanctions [Doc. 805-6] and Exhibit 11 to Defendants Response to Uhlig, LLCs Motion for Evidentiary Sanctions Precluding Defendants from Using the Smith Hines Road Materials and for Monetary Sanctions [Doc. 805-11] is granted. These documents shall be filed under seal consistent with the Confidentiality Order 64 and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Plaintiff. Signed by Honorable J Michelle Childs on 10/6/11.(awil)
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Filing 819
TEXT ORDER Plaintiff's Motion to File Documents Under Seal 800 , referring to its unredacted Memorandum in Support of Uhlig's Motion for Evidentiary Sanctions Precluding Defendants from Using the Smith Hines Road Materials and for Monetary Sanctions, and supporting exhibits B, D, E, F, and G is granted. These documents shall be filed under seal consistent with the Confidentiality Order 64 and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Defendants. Signed by Honorable J Michelle Childs on 10/6/11.(awil)
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Filing 818
TEXT ORDER Plaintiff's Motion to File Document Under Seal 792 , referring to its Surreply to Defendants' Reply to Uhlig's Opposition to Defendants' Motion for Summary Judgment on Damages Attributable to Brookdale, Sunrise, and the Sunshine House as raised in Defendants Motion for Partial Reconsideration of Order on Defendants' Motion for Summary Judgment 703 is granted. This document shall be filed under seal consistent with the court's prior orders that motions and memoranda related to the court's Order on Defendants Motion for Summary Judgment 687 , which the court ordered restricted to case participants only, shall be sealed; in accordance with the Confidentiality Order 64 ; and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). This motion is granted with consent of Defendants. Signed by Honorable J Michelle Childs on 10/6/11.(awil)
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Filing 817
MOTION to Seal Document 816 Second MOTION to Strike the Shirley Defendants' Defenses and For a Judgment of Liability in Favor of Plaintiff Because of Concealment of Material Evidence by Defendants - by Uhlig LLC. Response to Motion due by 10/24/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 816
Second MOTION to Strike the Shirley Defendants' Defenses and MOTION For a Judgment of Liability in Favor of Plaintiff Because of Concealment of Material Evidence by Defendants - by Uhlig LLC. Response to Motion due by 10/24/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit A - Affidavit of Amanda Dorsey Marcengill (REDACTED) (Filed Under Seal), # 3 Exhibit B September 20, 2011 Al Johnson Supplemental Expert Report (without Appendices), # 4 Exhibit C - Registry Report of Shirleys CCM IBM Computer, # 5 Exhibit D- Excerpts from the Deposition of John Adam Shirley, # 6 Exhibit E - October 2, 2011 Affidavit of Alfred L. Johnson (Redacted), # 7 Exhibit F - May 28, 2010 letter from Juliet Cox to Francis Marion, # 8 Exhibit G - June 1, 2010 letter from Francis Marion to Juliet Cox, # 9 Exhibit H - Defendant Shirleys Response to Interrogatory No. 9, # 10 Exhibit I - Excerpts from Appendix B to Steve Abrams Expert Report dated July 25, 2011 (Filed Under Seal), # 11 Exhibit J - Travel Drive DVD U05556 (Filed Under Seal), # 12 Exhibit K Decision Awaiting Publication in South Eastern Reporter)No proposed order(Gibbes, Frank). Added MOTION for Judgment on the Pleadings on 10/7/2011. Modified on 10/7/11 to include additional motion relief (awil).
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Filing 815
MOTION to Seal Document 814 Response in Opposition to Motion,,,,,, by Uhlig LLC. Response to Motion due by 10/20/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 814
RESPONSE in Opposition re 807 MOTION for Sanctions for Spoliation of Evidence Against Uhlig, LLC by Uhlig LLC.Reply to Response to Motion due by 10/14/2011 (Attachments: # 1 Exhibit A - Transition Incentive Agreement of Cindy Judd (Filed Under Seal), # 2 Exhibit B - Transition Incentive Agreement of Progressive Printing (Filed Under Seal), # 3 Exhibit C - Uhlig Shipping Documents (Filed Under Seal), # 4 Exhibit D January 8, 2010 Affidavit of Kelly Schoen, # 5 Exhibit E January 8, 2010 Affidavit of Kristina Hayes, # 6 Exhibit F - November 25, 2009 Letter from Cox to Marion, # 7 Exhibit G August 24, 2009 Affidavit of Tim McCarthy, # 8 Exhibit H August 24, 2009 Affidavit of Kelly Schoen, # 9 Exhibit I - David Galloway Severance Letter (Filed Under Seal), # 10 Exhibit J - David Galloway Transition Incentive Agreement (Filed Under Seal), # 11 Exhibit K - Gary Cox Severance Letter (Filed Under Seal), # 12 Exhibit L - Nondisclosure and Nonsolicitation Agreements of Progressive Printing Employees (Filed Under Seal), # 13 Exhibit M Transition Incentive Agreement of Gary Cox(Filed Under Seal), # 14 Exhibit N Transition Incentive Agreement of Randall Oliver (Filed Under Seal), # 15 Exhibit O - Portions of Cindy Judds Deposition, # 16 Exhibit O1 - Portions of Cindy Judds Deposition (Confidential) (Filed Under Seal), # 17 Exhibit P - June 16, 2009 Letter from Bakker to Marion, # 18 Exhibit Q Out-of-Region Court Decisions and Decisions Published in Various Specialized Reporting Services)(Gibbes, Frank) (Attachment 1 replaced on 10/5/2011) . (Attachment 2 replaced on 10/5/2011). (Attachment 3 replaced on 10/5/2011) . (Attachment 9 replaced on 10/5/2011) . (Attachment 10 replaced on 10/5/2011) . (Attachment 11 replaced on 10/5/2011). (Attachment 12 replaced on 10/5/2011) . (Attachment 13 replaced on 10/5/2011) . (Attachment 14 replaced on 10/5/2011). (Attachment 16 replaced on 10/5/2011). (Attachment 18 replaced on 10/5/2011) . Modified on 10/5/2011 to correct document headers (awil).
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Filing 813
SUPPLEMENT to 757 Supplement Expert Disclosure - Forensic Evidence by Uhlig LLC. (Gibbes, Frank)
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Filing 812
MOTION to Seal Document 811 MOTION to Bifurcate Prism's Counterclaim for Declaratory Judgment by Uhlig LLC. Response to Motion due by 10/14/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 811
MOTION to Bifurcate Prism's Counterclaim for Declaratory Judgment by Uhlig LLC. Response to Motion due by 10/14/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit A - Deposition Excerpts of Doug Fowler, # 3 Exhibit B February 25, 2008 E-mail from Shirley to Jones and Long (FILED UNDER SEAL), # 4 Exhibit C - Affidavit of Todd Baldree, # 5 Exhibit D Deposition Excerpts of John Adam Shirley, # 6 Exhibit E Deposition Excerpts of Chris Jones, # 7 Exhibit F - Affidavit of Bryan Fordham (FILED UNDER SEAL), # 8 Exhibit G - Affidavit of Doy Cave, # 9 Exhibit H May 4, 2008 E-mail from Dorsey to Shirley, Jones and Richardson Re: Prismcontent.com (FILED UNDER SEAL), # 10 Exhibit I - Assignment of Chris Jones, # 11 Exhibit J - Assignment of Bryan Fordham, # 12 Exhibit K - Assignment of Doy Cave, # 13 Exhibit L - Assignment of Baldree Assignors, # 14 Exhibit M - Certificate of Registration for the Source Code, # 15 Exhibit N Out-of-Region Court Decisions and Decisions Published in Various Specialized Reporting Services)No proposed order(Gibbes, Frank) (Attachment 3 replaced on 9/27/2011) . (Attachment 7 replaced on 9/27/2011) . (Attachment 9 replaced on 9/27/2011) . (Attachment 15 replaced on 9/27/2011) . Modified on 9/27/2011 to correct document headers (awil).
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Filing 810
MOTION to Seal Document 809 Reply to Response to Motion,, by Uhlig LLC. Response to Motion due by 10/14/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Document at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 809
REPLY to Response to Motion re 799 MOTION Motion for Evidentiary Sanctions Precluding Defendants from Using the Smith Hines Road Materials and for Monetary Sanctions by Uhlig LLC. (Attachments: # 1 Exhibit A - Affidavit of Kristina Hayes dated August 24, 2009, # 2 Exhibit B - Affidavit of Kelly Schoen dated August 24, 2009, # 3 Exhibit C - Affidavit of Tim McCarthy dated August 24, 2009, # 4 Exhibit D - Excerpts from Deposition Transcript of John Adam Shirley, # 5 Exhibit E - Unpublished Out-of-Region Court Decisions, and Decisions Published in Various Specialized Reporting Services)(Gibbes, Frank) (Attachment 1 replaced on 9/27/2011) . (Attachment 5 replaced on 9/27/2011). Modified on 9/27/2011 to correct document headers (awil).
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Filing 808
MOTION to Seal by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 10/3/2011 (Attachments: # 1 Exhibit A, Non-confidential Index of Documents, # 2 Exhibit B, Certificate of Compliance)No proposed order(Major, Denny)
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Filing 807
MOTION for Sanctions for Spoliation of Evidence Against Uhlig, LLC by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 10/3/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit 1, Affidavit of Kelly Schoen, # 3 Exhibit, Excerpt of Transcript of October 2, 2009 Hearing, # 4 Exhibit 3, Affidavit of Kristina Hayes, # 5 Exhibit 4, Letter from Cox to Marion dated November 25, 2009, # 6 Exhibit 5, Affidavit of Shannon Page Priest, # 7 Exhibit 6, Excerpts from the Deposition of Cynthia Judd (to be filed under seal), # 8 Exhibit 7, Plaintiff's Responses to Shirley's First Interrogatories, # 9 Exhibit 8, Production Notes Stored on Cindy Judd's Laptop (to be filed under seal), # 10 Exhibit 9, Production Notes Produced by Uhlig (to be filed under seal), # 11 Exhibit 10, Plaintiff's Objections and Responses to Prisms First Set of Interrogatories, # 12 Exhibit 11, Plaintiffs Objections and Responses to Shirleys First Requests for Production, # 13 Exhibit 12, Affidavit of Amanda Marcengill Dated October 17, 2008, # 14 Exhibit 13, Excerpts from the Deposition of Jennifer Clark, # 15 Exhibit 14, Excerpts from the Deposition of Kelli Lawrence, # 16 Exhibit Unpublished Opinions)No proposed order(Major, Denny)
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Filing 806
MOTION to Seal by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 10/3/2011 (Attachments: # 1 Exhibit Non-Confidential Index of Documents, # 2 Exhibit Certificate of Compliance)No proposed order(Major, Denny)
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Filing 805
RESPONSE in Opposition re 799 MOTION Motion for Evidentiary Sanctions Precluding Defendants from Using the Smith Hines Road Materials and for Monetary Sanctions by Uhlig LLC Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley.Reply to Response to Motion due by 9/26/2011 (Attachments: # 1 Exhibit 1, Transcript of October 2, 2009 Hearing, # 2 Exhibit 2, Excerpts from Brian Cooper Deposition, # 3 Exhibit 3, Excerpts from Uhlig Deposition, # 4 Exhibit 4, Portions of Asset-Purchase Agreement, # 5 Exhibit 5, Affidavit of Kelly Schoen dated June 1, 2008, # 6 Exhibit 6, Excerpts of Cynthia Judd Deposition, # 7 Exhibit 7, Excerpts of Jennifer Clark Deposition, # 8 Exhibit 8, Excerpts of Kelli Lawrence Deposition, # 9 Exhibit 9, Affidavit of Mark Vanvick dated April 2, 2009, # 10 Exhibit 10, CCM Application for Surrender of Authority To Do Business in South Carolina, # 11 Exhibit 11, Cox Enterprises March 24, 2009 Letter, # 12 Exhibit 12, Excerpts from Todd Baldree Deposition, # 13 Exhibit 13, Letter from Baldree to Shirley, # 14 Exhibit 14, Excerpts from Prism 30(b)(6) Deposition, # 15 Exhibit 15, Affidavit of Adam Shirley Dated August 12, 2009, # 16 Exhibit 16, Affidavit of Thomas O. Molin Dated April 2, 2009, # 17 Exhibit 17, Supplemental Affidavit of Thomas O. Molin Dated August 5, 2009, # 18 Exhibit 18, Photograph of Fire Marshal Notice, # 19 Exhibit 19, Other Photographs of the Facility, # 20 Exhibit 20, Affidavit of Guy Johnson, # 21 Exhibit 21, Portions of CCM Objections and Responses to Prism First Requests for Production, # 22 Exhibit 22, Portions of Uhlig Objections and Responses to Prisms First Requests for Production, # 23 Exhibit 23, Portions of Uhlig Objections and Responses to Prisms First Interrogatories, # 24 Exhibit 24, Affidavit of Kelli Lawrence dated October 16, 2008, # 25 Exhibit Unpublished Opinions)(Major, Denny)
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Filing 804
STATUS REPORT - Notice of Completion of Computer Protocol by Uhlig LLC. (Gibbes, Frank)
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Filing 803
AFFIDAVIT of Records Custodian of Holiday Retirement by Uhlig LLC. (Attachments: # 1 Exhibit A - Holiday Retirement Records Custodian Affidavit)(Gibbes, Frank)
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Filing 802
Sealed Document in re document 795 . (Attachments: # 1 Exhibit 1 - Cox Newspapers News Release, bates stamped U0021, # 2 Exhibit 6 - E-mails and Attachments from Cindy Judd Computer and Produced by Cindy Judd on May 28, 2009, # 3 Exhibit 7 - E-mail from Randall Oliver to Adam Shirley dated September 7, 2007)(Major, Denny) (Attachment 2 replaced on 8/31/2011). Modified on 8/31/2011 to replace illegible attachment # 2 as provided by filing user (awil).
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Filing 801
NOTICE to counsel: When scanning pages that are in landscape format, please rotate the pages and save the document before you file it. All pages must be right side up. (awil)
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Filing 800
MOTION to Seal Document 799 MOTION Motion for Evidentiary Sanctions Precluding Defendants from Using the Smith Hines Road Materials and for Monetary Sanctions by Uhlig LLC. Response to Motion due by 9/15/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 799
MOTION Motion for Evidentiary Sanctions Precluding Defendants from Using the Smith Hines Road Materials and for Monetary Sanctions by Uhlig LLC. Response to Motion due by 9/15/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit A - October 2, 2009 Motion Hearing Transcript Page 12, # 3 Exhibit B - Master Lease (FILED UNDER SEAL), # 4 Exhibit C - Memorandum of Lease and Assignment and Assumption Agreement, # 5 Exhibit D - Lease Modification Agreement (FILED UNDER SEAL), # 6 Exhibit E May 31, 2007 Sublease from Cox CustomMedia, Inc. to Progressive Printing, Inc. (FILED UNDER SEAL), # 7 Exhibit F- Leased Employee Agreement (FILED UNDER SEAL), # 8 Exhibit G - Transition Incentive Agreement (FILED UNDER SEAL), # 9 Exhibit H April 2, 2009 Affidavit of Thomas Molin (Molin Affidavit #1), # 10 Exhibit I April 2, 2009 Affidavit of Mark VanVick (VanVick Affidavit #1), # 11 Exhibit J July 7, 2009 Affidavit of Mark VanVick (VanVick Affidavit #2), # 12 Exhibit K July 9, 2009 Affidavit of Thomas Molin (Molin Affidavit #2), # 13 Exhibit L - Affidavit of Frank H. Gibbes, III, # 14 Exhibit M March 28, 2009 Photograph taken at the SHR facility on March 28, 2009 (from Deposition of Cindy Judd), # 15 Exhibit N - Affidavit of Tammy Pendergrass, # 16 Exhibit O - Affidavit of Adam Shirley, # 17 Exhibit P 30(b)(6) Deposition Excerpts of Prism, # 18 Exhibit Q Deposition Excerpts of Amanda Dorsey Marcengill, # 19 Exhibit R Deposition Excerpts of Jeremy Richardson, # 20 Exhibit S Out-of-Region, Unreported Decisions and Secondary Authority (Part 1), # 21 Exhibit S Out-of-Region, Unreported Decisions and Secondary Authority (Part 2), # 22 Exhibit S Out-of-Region, Unreported Decisions and Secondary Authority (Part 3))No proposed order(Gibbes, Frank) (Attachment 9 replaced on 8/30/2011) (awil, ). Modified on 8/30/2011 to replace illegible attachment # 9 as provided by filing user (awil).
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Filing 798
TEXT ORDER granting with consent 797 Motion for Extension of Time to file records custodian affidavits. Signed by Honorable J Michelle Childs on 8/29/11.(awil)
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Filing 797
Consent MOTION for Extension of Time of Deadline for Filing Affidavit of Records Custodian by Uhlig LLC. Response to Motion due by 9/15/2011 (Attachments: # 1 Exhibit A - Affidavit of Juliet A. Cox, # 2 Exhibit B - Holiday Records Custodian Affidavit)No proposed order(Gibbes, Frank)
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Filing 796
Sealed Document in re document 794 . (Attachments: # 1 Uhlig LLC's Opposition to Defendants' Motion for Summary Judgment on Damages Attributable to Brookdale, Sunrise, and The Sunshine House, # 2 Exhibit A - Deposition Excerpts of Adam Shirley (Filed Under Seal), # 3 Exhibit B - Affidavit of Mark Uhlig (Filed Under Seal), # 4 Exhibit C March 10, 2008 E-mail from Adam Shirley to Sunrise (Filed Under Seal), # 5 Exhibit D March 9, 2008 E-mail from Adam Shirley to Brookdale (Filed Under Seal), # 6 Exhibit E March 11, 2008 E-mail from Adam Shirley to Brookdale (Filed Under Seal), # 7 Exhibit F March 12, 2008 E-mail from Adam Shirley to the Sunshine House (Filed Under Seal), # 8 Exhibit G - PowerPoint Presentation to Sunshine House (Filed Under Seal), # 9 Exhibit H - Copyright Registrations (Filed Under Seal), # 10 Exhibit I - Spreadsheet (Filed Under Seal), # 11 Exhibit J - E-mails regarding Brookdale (Filed Under Seal), # 12 Exhibit K- E-mail regarding Sunshine House (Filed Under Seal), # 13 Exhibit L - Copies of Brookdale Documents (Part 1) (Filed Under Seal), # 14 Exhibit L - Copies of Brookdale Documents (Part 2) (Filed Under Seal), # 15 Exhibit M - Copies of Sunshine House Documents (Part 1) (Filed Under Seal), # 16 Exhibit M - Copies of Sunshine House Documents (Part 2) (Filed Under Seal), # 17 Exhibit M - Copies of Sunshine House Documents (Part 3) (Filed Under Seal), # 18 Exhibit M - Copies of Sunshine House Documents (Part 4) (Filed Under Seal), # 19 Exhibit N - Copies of Sunrise Documents (Filed Under Seal), # 20 Exhibit O - Copies of Other General Documents (Filed Under Seal), # 21 Exhibit P July 28, 2011 Affidavit of Perry Woodside (Filed Under Seal), # 22 Exhibit Q 30(b)(6) Deposition Excerpts of Prism (Filed Under Seal))(Gibbes, Frank)
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Filing 795
TEXT ORDER Defendants' Motion to File Document Under Seal 786 , referring to its Reply to Uhlig's Opposition to Defendants' Motion for Summary Judgment on Damages Attributable to Brookdale, Sunrise, and The Sunshine House 785 , and exhibits 1, 6, and 7, to that Reply, is granted. This document shall be filed under seal consistent with the court's prior orders that motions and memoranda related to the court's order on Defendants' Motion for Summary Judgment 687 , which the court ordered restricted to case participants only; the Confidentiality Order 64 ; and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). Signed by Honorable J Michelle Childs on 8/29/11.(awil)
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Filing 794
TEXT ORDER Plaintiff's Motion to File Document Under Seal 783 , referring to its Opposition to Defendants' Motion for Summary Judgment on Damages Attributable to Brookdale, Sunrise, and The Sunshine House as raised in Defendants' Motion for Partial Reconsideration on Defendants' Motion for Summary Judgment 703 , and supporting exhibits [A-Q],is granted. This document shall be filed under seal consistent with the court's prior orders that motions and memoranda related to the court's order on Defendants' Motion for Summary Judgment 687 , which the court ordered restricted to case participants only; the Confidentiality Order 64 ; and in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000). Signed by Honorable J Michelle Childs on 8/25/11.(awil)
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Filing 793
REPLY to 777 Objections to Records Custodian Affidavits by Uhlig LLC. (Attachments: # 1 Exhibit A - August 6, 2008 Letter from Julie Cox to Francis Marion, # 2 Exhibit B - November 11, 2008 Letter from Julie Cox to Counsel, # 3 Exhibit C - November 13, 2008 Letter from Julie Cox to Francis Marion, # 4 Exhibit D - January 26, 2009 Letter from Julie Cox to Counsel, # 5 Exhibit E - February 20, 2009 Letter from Julie Cox to Counsel, # 6 Exhibit F May 24, 2010 Letter from Debbie Mahan to Francis Marion, # 7 Exhibit G Unpublished Opinions)(Gibbes, Frank)
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Filing 792
MOTION to Seal Document 791 Reply, by Uhlig LLC. Response to Motion due by 8/29/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Document at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 791
REPLY to 785 Reply to Response to Motion,,,, Surreply to Defendants' Reply to Uhlig's Opposition to Defendants' Motion for Summary Judgment on Damages Attributable to Brookdale, Sunrise and The Sunshine House by Uhlig LLC. (Attachments: # 1 Exhibit A - Out-of-Region Court Decisions and Unpublished Decisions)(Gibbes, Frank)
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Filing 788
TEXT ORDER granting 787 Motion to Amend Scheduling Order as follows: Pretrial Disclosures shall be filed no later than October 14, 2011. Motions in limine shall be filed no later than October 17, 2011. Pretrial briefs shall be submitted no later than October 25, 2011 for jury selection scheduled for November 1, 2011. Signed by Honorable J Michelle Childs on 8/9/11.(awil) Modified on 8/9/2011 to edit text (awil).
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Filing 787
Joint MOTION to Amend/Correct 761 Scheduling Order, 674 Scheduling Order, 759 Scheduling Order Motion to Extend Scheduling Order Deadlines by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley and Uhlig. Response to Motion due by 8/25/2011 No proposed order(Major, Denny) Modified on 8/9/2011 to add filer listed on document (awil).
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Filing 786
MOTION to Seal by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 8/22/2011 (Attachments: # 1 Exhibit A, Non-confidential Index of Documents, # 2 Exhibit B, Certificate of Compliance)No proposed order(Major, Denny)
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Filing 785
REPLY to Response to Motion re 703 MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, (Partial Reconsideration). REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON DAMAGES ATTRIBUTABLE TO BROOKDALE, SUNRISE, AND THE SUNSHINE HOUSE. Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. (Attachments: # 1 Exhibit 1, Cox Newspapers News Release, bates stamped, # 2 Exhibit 2, Portions of Transcript of Deposition of Adam Shirley Dated April 17, 2009, # 3 Exhibit 3, Portions of Transcript of Deposition of Kelli Lawrence, # 4 Exhibit 4, Portions of Transcript of Deposition of Amanda Dorsey Marcengill, # 5 Exhibit 5, Portions of Steve Abrams Supplemental Expert Report, # 6 Exhibit 6, E-mails and Attachments from Cindy Judd Computer and Produced by Cindy Judd on May 28, 2009, # 7 Exhibit 7, September 7, 2007 E-mail from Randall Oliver to Adam Shirley)(Major, Denny) Modified on 8/8/2011 to edit text (awil).
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Filing 784
NOTICE of Hearing: **Jury Selection** set for 11/1/2011 09:30 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, ANDERSON SC before Honorable J Michelle Childs. Jury Trial set for 12/1/2011 09:30 AM in Greenville #1, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable J Michelle Childs. (jtho, )
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Filing 783
MOTION to Seal Document 782 Reply,,,,,,, by Uhlig LLC. Response to Motion due by 8/15/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 782
REPLY in Opposition to Defendants' Motion for Summary Judgment on Damages Attributable to Brookdale, Sunrise, and The Sunshine House by Uhlig LLC. (Attachments: # 1 Exhibit A - Deposition Excerpts of Adam Shirley (Filed Under Seal), # 2 Exhibit B - Affidavit of Mark Uhlig (Filed Under Seal), # 3 Exhibit C March 10, 2008 E-mail from Adam Shirley to Sunrise (Filed Under Seal), # 4 Exhibit D March 9, 2008 E-mail from Adam Shirley to Brookdale (Filed Under Seal), # 5 Exhibit E March 11, 2008 E-mail from Adam Shirley to Brookdale (Filed Under Seal), # 6 Exhibit F March 12, 2008 E-mail from Adam Shirley to the Sunshine House (Filed Under Seal), # 7 Exhibit G - PowerPoint Presentation to Sunshine House (Filed Under Seal), # 8 Exhibit H - Copyright Registrations (Filed Under Seal), # 9 Exhibit I - Spreadsheet (Filed Under Seal), # 10 Exhibit J - E-mails regarding Brookdale (Filed Under Seal), # 11 Exhibit K- E-mail regarding Sunshine House (Filed Under Seal), # 12 Exhibit L (Part 1) - Copies of Brookdale Documents (Filed Under Seal), # 13 Exhibit L (Part 2) - Copies of Brookdale Documents (Filed Under Seal), # 14 Exhibit M (Part 1) - Copies of Sunshine House Documents (Filed Under Seal), # 15 Exhibit M (Part 2) - Copies of Sunshine House Documents (Filed Under Seal), # 16 Exhibit M (Part 3) - Copies of Sunshine House Documents (Filed Under Seal), # 17 Exhibit M (Part 4) - Copies of Sunshine House Documents (Filed Under Seal), # 18 Exhibit N - Copies of Sunrise Documents (Filed Under Seal), # 19 Exhibit O - Copies of Other General Documents (Filed Under Seal), # 20 Exhibit P July 28, 2011 Affidavit of Perry Woodside (Filed Under Seal), # 21 Exhibit Q 30(b)(6) Deposition Excerpts of Prism (Filed Under Seal), # 22 Exhibit R - Out-of-Region Court Decisions and Unpublished Decisions)(Gibbes, Frank)
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Filing 781
Sealed Document in re document 780 . (Attachments: # 1 Exhibit A - (Part 2) Sample of Cox CustomMedia, Inc. Documents on Adam Shirley's Transfer Drives That Were Not Deleted from These Drives (Filed Under Seal), # 2 Exhibit A - (Part 3) Sample of Cox CustomMedia, Inc. Documents on Adam Shirley's Transfer Drives That Were Not Deleted from These Drives (Filed Under Seal), # 3 Exhibit B - July 1, 2011 Expert Report of Al Johnson (Unredacted))(Gibbes, Frank)
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Filing 780
TEXT ORDER. Plaintiff Uhlig LLC's Motion to Seal Document (Exhibits A and B attached to Plaintiff's Response to Defendants' Sur-Reply to Plaintiff's Reply in Support of Motion to Strike Defenses or, in the Alternative, for Adverse Inference Instruction Due to Spoliation of Evidence by Uhlig LLC 716 ) 764 is granted. Upon review of the motion and documents, in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 301 (4th Cir. 2000), the document should be sealed and protected from public disclosure because it is protected by this court's Confidentiality Order 244 in this case. This motion is granted with consent of Defendants. Signed by Honorable J Michelle Childs on 7/27/11.(awil)
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Filing 779
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 7/12/11, before Judge J. Michelle Childs. Court Reporter Karen E. Martin, Telephone number/E-mail 864-201-8411, Karen_E_Martin@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 8/16/2011. Redacted Transcript Deadline set for 8/26/2011. Release of Transcript Restriction set for 10/24/2011. (kmartin)
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Filing 778
SUPPLEMENT by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley to 159 Defendant's ID of Expert Witnesses. (Major, Denny)
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Filing 777
OBJECTIONS byEventelope LLC, Prism Content Solutions LLC, John Adam Shirley to 595 AFFIDAVIT of Records Custodian,,,,. (Major, Denny)
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Filing 776
Letter from Frank H. Gibbes, III regarding trial availability. (Gibbes, Frank)
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Filing 775
Letter from W. Francis Marion, Jr. regarding trial availability. (Marion, William)
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Filing 774
TEXT ORDER. The court allows Plaintiff Uhlig ten (10) days to respond to Defendants' request for judgment related to damages as raised in Defendants' Motion for Partial Reconsideration of Defendants' Motion for Summary Judgment 703 . Signed by Honorable J Michelle Childs on 7/19/11. (awil)
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Filing 773
ORDER granting in part and denying in part 703 Motion for Reconsideration. This order will not be made available to the public. It will be restricted to case participants only. Signed by Honorable J Michelle Childs on 7/18/11.(awil) . Modified on 7/18/2011 to add document with document restrictions (awil).
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Filing 772
ORDER denying 709 Motion for Reconsideration. Signed by Honorable J Michelle Childs on 7/14/11.(jtho, )
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Filing 771
ORDER denying 627 Motion for Sanctions. Signed by Honorable J Michelle Childs on 7/14/11.(jtho, )
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Filing 770
NOTICE of Cancellation of Hearing: 9/12/11 Jury Trial, to be rescheduled. (jtho, )
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Filing 768
TEXT ORDER: Plaintiff Uhlig's Motion for Amended Scheduling Order and Continuation of Trial Date 749 is granted as set forth herein. Given the nature of this complex case, the recent filings of extensive substantive motions, and the court's rulings allowing for additional discovery in this matter, the court finds it necessary to continue the trial of this case from its current date certain of September 12, 2011. The parties are to provide the court with their availability for trial during the months of November and December, 2011 and January 2012, by Friday, July 22, 2011. The court has recently amended various deadlines within the scheduling order in this case and therefore the parties should adhere to those deadlines until further notice by the court. Signed by Honorable J Michelle Childs on 7/13/11.(jtho, )
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Filing 767
ORDER granting 681 Motion to Modify Protocol for Conducting Examination of Defendants' Computers. Signed by Honorable J Michelle Childs on 7/13/11.(jtho, )
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Filing 766
TEXT ORDER: The court grants Defendants' request to extend their time to respond to Plaintiff's disclosures and file objections to custodial affidavits on or before July 25, 2011. Signed by Honorable J Michelle Childs on 7/13/11. (jtho, )
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Filing 765
Minute Entry for proceedings held before Honorable J Michelle Childs: Motion Hearing held on 7/12/2011 re 703 MOTION for Reconsideration and 709 MOTION for Reconsideration. Court to file order. Oral motion by defense to amend scheduling order. Court Reporter Karen Martin. (jtho, ) Modified on 7/13/2011 (jtho, )to edit text.
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Filing 764
MOTION to Seal Document 763 Response to Sur-Reply to Reply in Support by Uhlig LLC. Response to Motion due by 7/25/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank) Modified on 7/8/2011 to edit text (awil).
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Filing 763
Response to Sur-Reply to Reply in Support of 716 MOTION to Strike Defenses or, in the Alternative, for Adverse Inference Instruction Due to Spoliation of Evidence by Uhlig LLC. (Attachments: # 1 Exhibit A (Part 1) Sample of Cox CustomMedia, Inc. Documents on Adam Shirley's Transfer Drives That Were Not Deleted From These Drives (Filed Under Seal), # 2 Exhibit A (Part 2) Sample of Cox CustomMedia, Inc. Documents on Adam Shirley's Transfer Drives That Were Not Deleted From These Drives (Filed Under Seal), # 3 Exhibit A (Part 3) Sample of Cox CustomMedia, Inc. Documents on Adam Shirley's Transfer Drives That Were Not Deleted From These Drives (Filed Under Seal), # 4 Exhibit B - July 1, 2011 Expert Report of Al Johnson (Redacted), # 5 Exhibit C - Out-of-Region Court Decisions and Decisions Published in Various Specialized Reporting Services)(Gibbes, Frank) Modified on 7/8/2011 to edit text (awil).
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Filing 762
TEXT ORDER. Based on the record now before the court, the court Grants Uhlig LLCs (Uhlig) Motion to Reconsider 635 the courts previous order 592 , dated May 26, 2011, declining to compel Defendant Prism Content Solutions, LLC (Prism) to produce certain documents containing its financial information. [T]he court may order discovery of any matter relevant to the subject matter involved in the action. Fed. R. Civ. P. 26(b)(1). The relevant matter need not be admissible at trial as long as the discovery appears reasonably calculated to lead to the discovery of admissible evidence. Id. The court finds Prisms financial information is relevant to Uhligs claims and alleged damages in this action, and further finds that Uhlig has demonstrated that the information is reasonably calculated to lead to the discovery of admissible evidence. Accordingly, Uhligs motion 635 is granted, and Prism must produce its financial information from January 1, 2009, through December 31, 2010, in the same format in which it was previously required to produce its 2008 financial information. Such production shall be made within ten (10) days of this order. Signed by Honorable J Michelle Childs on 7/7/11.(awil)
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Filing 761
TEXT AMENDED SCHEDULING ORDER: Rule 26(a)(3) Disclosures due by 8/15/2011. Signed by Honorable J Michelle Childs on 7/7/11. (jtho, )
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Filing 760
Notice of hearing on Motions 703 and 709 set for July 12, 2011, at 1:30 p.m. in Greenville #1, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable J Michelle Childs. The time allotted for the hearing of these motions will not exceed two (2) hours. (awil)
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Filing 759
AMENDED SCHEDULING ORDER: Motion in Limine due by 8/22/2011, Pretrial Briefs due by 8/29/2011. Signed by Honorable J Michelle Childs on 7/6/11. (jtho, )
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Filing 758
Minute Entry for proceedings held before Honorable J Michelle Childs: Status Conference held on 7/5/2011. Third mediation unsuccessful. Do not need to file written status reports. Court to extend scheduling order deadlines. Court to schedule hearing re: 709 . Court Reporter Karen Martin. (jtho, )
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Filing 757
SUPPLEMENT to 103 Plaintiff's ID of Expert Witnesses - Forensic Evidence by Uhlig LLC. (Gibbes, Frank)
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Filing 756
SUPPLEMENT to 311 Plaintiff's ID of Expert Witnesses - Damages by Uhlig LLC. (Gibbes, Frank)
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Filing 755
TEXT ORDER. In light of the recent correspondence from counsel, the court determines that the hearing currently scheduled for Tuesday, July 5, 2011, should be converted into a status conference conducted via telephone. The court will reschedule the motion hearing. The parties shall be prepared to discuss their availability for the rescheduling of the hearing during the month of July. The parties shall further be prepared to discuss the court's recent request for a status report concerning alternative trial dates and continued mediation efforts. The court will consider such information in determining its ruling on Plaintiff Uhlig, LLC's Motion for Amended Scheduling Order and Continuation of Trial Date 749 . Signed by Honorable J Michelle Childs on 7/1/11. (awil)
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Filing 754
Letter from Denny P. Major. (Major, Denny)
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Filing 753
Letter from Frank H. Gibbes, III. (Gibbes, Frank)
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Filing 752
Letter from Denny P. Major. (Major, Denny)
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Filing 751
Letter from W. Francis Marion, Jr. regarding recent opinion from the Fourth Circuit Court of Appeals. (Attachments: # 1 US Court of Appeals Opinion No. 10-1435)(Marion, William)
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Filing 750
TEXT ORDER : The Court takes Plaintiff Uhlig, LLCs Motion for Amended Scheduling Order and Continuation of Trial Date 749 under advisement. The parties are instructed to provide the court with a joint status report indicating all dates for which the parties and counsel are not available for trial through the remainder of the calendar year 2011. The parties are further instructed to include a summary regarding the status of any additional mediation efforts. The joint status report shall be provided by July 8, 2011. Signed by Honorable J Michelle Childs on 6/30/11. (jtho, )
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Filing 749
MOTION to Amend/Correct 674 Scheduling Order, 691 Scheduling Order, 692 Notice of Hearing,, MOTION to Continue Trial Date by Uhlig LLC ( Response to Motion due by 7/18/2011). (Attachments: # 1 Memo in Support)No proposed order(Gibbes, Frank)
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Filing 748
Sealed Document in re document 740 . (Gibbes, Frank)
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Filing 747
TEXT ORDER This matter is before the court on Plaintiff Uhlig LLC's Motion to File Documents under Seal 741 , particularly its Reply in Support of its Motion to Strike Defenses or for Adverse Inference Instruction Due to Spoliation of Evidence. Upon review of the motion and document, in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000), the document should be sealed and protected from public disclosure because it is protected by this court's Confidentiality Order 244 in this case. Plaintiff's counsel certifies that he has spoken with opposing counsel for Defendants and that they consent to Plaintiff's motion herein. Signed by Honorable J Michelle Childs on 6/29/11.(awil)
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Filing 746
SUR REPLY to REPLY to Response to Motion re 716 MOTION to Strike Defenses or, in the Alternative, for Adverse Inference Instruction Due to Spoliation of Evidence by Uhlig LLC Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. (Attachments: # 1 Exhibit 1, Transcript of Recorded Conversation Between Julie Cox and Amanda Dorsey Marcengill dated July 19, 2010)(Major, Denny)
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Filing 745
NOTICE of Rescheduled Hearing on Motion - TIME CHANGE ONLY: 709 MOTION for Reconsideration re 698 Order: Motion Hearing set for 7/5/2011 04:00 PM in Greenville #1, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable J Michelle Childs. (awil)
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Filing 744
Letter from W. Francis Marion, Jr. requesting new time for hearing on Defendants' Motion for Reconsideration set for July 5. (Marion, William)
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Filing 743
NOTICE of Hearing on Motion 709 MOTION for Reconsideration re 698 Order: Motion Hearing set for 7/5/2011 11:30 AM in Greenville #1, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable J Michelle Childs. (awil)
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Filing 742
TEXT ORDER: Defendants' Motion for Hearing on its Motion for Reconsideration [Doc. 709] is GRANTED. The hearing is set for Tuesday, July 5, 2011, at 11:30 am. Entered by Honorable J Michelle Childs on 6/17/11.(sfla) Modified on 6/20/2011 to indicate "text" order (sfla).
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Filing 741
MOTION to Seal Document 740 Reply to Response to Motion, by Uhlig LLC. Response to Motion due by 7/5/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Document at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 740
REPLY to Response to Motion re 716 MOTION to Strike Defenses or, in the Alternative, for Adverse Inference Instruction Due to Spoliation of Evidence by Uhlig LLC. (Attachments: # 1 Exhibit A - Excerpts from Deposition of John Adam Shirley, # 2 Exhibit B - Decision Published in Various Specialized Reporting Services)(Gibbes, Frank)
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Filing 739
ORDER denying 702 Motion for Reconsideration as set out. This order will not be made available to the public. It will be restricted to case participants only. Signed by Honorable J Michelle Childs on 6/16/11.(awil) (awil, ). Modified on 6/16/2011 to add document with document restrictions (awil).
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Filing 738
Sealed Document in re document 724 . (Major, Denny)
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Filing 737
Sealed Document in re document 719 . (Major, Denny)
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Filing 736
Sealed Document in re document 709 . (Major, Denny)
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Filing 735
Sealed Document in re document 716 . (Attachments: # 1 Exhibit K - 08.11.08 Letter from Cox to Marion (Filed Under Seal), # 2 Exhibit L - 08.22.08 Letter from Cox to Marion (Filed Under Seal), # 3 Exhibit P - 12.19.08 List of Computers Sent by Shirley's Counsel to Uhlig's Counsel (Filed Under Seal), # 4 Exhibit R - 09.08.09 Letter from Cox to Marion (Filed Under Seal), # 5 Exhibit T - 05.17.11 Affidavit of Alfred Johnson (Filed Under Seal))(Gibbes, Frank)
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Filing 734
Sealed Document in re document 721 . (Gibbes, Frank)
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Filing 733
TEXT ORDER. This matter is before the court on Defendants John Shirley, Prism Content Solutions LLC and Eventelope LLC's Motion to Seal [Doc. 725] their Reply in Support of Defendants' Motion for Partial Reconsideration of the Court's Order on Plaintiff Uhlig LLCs Motion for Summary Judgment. [Doc. 724]. Upon review of the documents, in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000), the document should be sealed because it discusses the contents of this court's Order on Defendants' Motion for Summary Judgment which this court ordered sealed. [Doc. 698, at 1]. Defendants certify that they have consulted with opposing counsel who consents to Defendants motion. [Doc. 725, at 1]. No less drastic alternatives are available. It is so ORDERED that Defendants' Motion to File Document Under Seal 725 is GRANTED. Signed by Honorable J Michelle Childs on 6/8/11.(awil)
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Filing 732
TEXT ORDER. This matter is before the court on Plaintiff Uhlig LLC's Motion to Seal [Doc. 722] its Opposition to Defendants Motion for Partial Reconsideration on Plaintiff's Motion for Summary Judgment on Defendants' Counterclaims. [Doc. 721]. Upon review of the documents, in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000), the document should be sealed because it discusses the contents of this court's Order on Plaintiff's Motion for Summary Judgment which this court ordered sealed. [Doc. 698, at 1]. Plaintiff certifies that he has consulted with opposing counsel who consents to Plaintiffs motion. [Doc. 722, at 1]. No less drastic alternatives are available. It is so ORDERED that Plaintiffs Motion to File Document Under Seal 722 is GRANTED. Signed by Honorable J Michelle Childs on 6/8/11.(awil)
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Filing 731
TEXT ORDER. This matter is before the court on Defendants John Shirley, Prism Content Solutions LLC and Eventelope LLC's Motion to Seal [Doc. 720] their Reply in Support of Defendants Motion for Partial Reconsideration of the Courts Order on Defendants Motion for Summary Judgment. [Doc. 719]. Upon review of the documents, in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000), the document should be sealed because it discusses the contents of this courts Order on Defendants Motion for Summary Judgment which this court ordered sealed. [Doc. 687, at 1]. Defendants certify that they have consulted with opposing counsel who consents to Defendants motion. [Doc. 720, at 1]. No less drastic alternatives are available. It is so ORDERED that Defendants' Motion to File Document Under Seal 720 is GRANTED. Signed by Honorable J Michelle Childs on 6/8/11.(awil)
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Filing 730
TEXT ORDER. This matter is before the court on Plaintiff Uhlig LLC's Motion to Seal [Doc. 717] its Memorandum in Support of its Motion to Strike Defenses or, in the Alternative, for Adverse Inference Instruction Due to Spoilation of Evidence and Exhibits K, L, P, R, and T attached to its Memorandum in Support of its Motion to Strike Defenses or, in the Alternative, for Adverse Inference Instruction Due to Spoilation of Evidence. [Doc. 716]. Upon review of the documents, in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000), the document should be sealed because they are protected from public disclosure under the Confidentiality Order. [Doc. 244] Plaintiff certifies that he has consulted with opposing counsel who consents to Plaintiff's motion. [Doc. 717, at 2]. No less drastic alternatives are available. It is so ORDERED that Plaintiff's Motion to File Document Under Seal 717 is GRANTED. Signed by Honorable J Michelle Childs on 6/8/11.(awil)
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Filing 729
TEXT ORDER. This matter is before the court on Defendants John Shirley and Prism Content Solutions LLC's Motion to Seal [Doc. 710] its Memorandum in Support of their Motion for Partial Reconsideration of the Court's Order Granting Summary Judgment to Plaintiff Uhlig LLC. [Doc. 709]. Upon review of the documents, in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000), the document should be sealed because it discusses the contents of this courts Order granting partial summary judgment to Uhlig LLC which this court ordered sealed. [Doc. 698, at 1]. Defendants certify that they have consulted with opposing counsel who consents to Defendants' motion. [Doc. 710, at 1]. No less drastic alternatives are available. It is so ORDERED that Defendants' Motion to File Document Under Seal 710 is GRANTED. Signed by Honorable J Michelle Childs on 6/8/11.(awil)
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Filing 728
Sealed Document in re document 712 . (Gibbes, Frank)
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Filing 727
RESPONSE in Opposition re 716 MOTION to Strike Defenses or, in the Alternative, for Adverse Inference Instruction Due to Spoliation of Evidence by Uhlig LLC Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley.Reply to Response to Motion due by 6/16/2011 (Attachments: # 1 Exhibit 1, Portions of the Transcript of the Deposition of Amanda Dorsey Marcengill, # 2 Exhibit 2, Portions of the Transcript of the Deposition of John Adam Shirley (taken 4/17/2009))(Major, Denny)
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Filing 726
TEXT ORDER. This matter is before the court on Plaintiff Uhlig LLC's Motion to Seal 713 its Opposition to Defendants Motion for Partial Reconsideration on Defendants' Motion for Summary Judgment. 712 . Upon review of the documents, in accordance with the factors outlined in Ashcroft v. Conoco, 218 F.3d 288, 302 (4th Cir. 2000), the document should be sealed because it discusses the contents of this court's Order on Defendants' Motion for Summary Judgment which this court ordered sealed. [Doc. 687, at 1]. Plaintiff certifies that he has consulted with opposing counsel who consents to Plaintiffs motion. [Doc. 713, at 1]. No less drastic alternatives are available. It is so ORDERED that Plaintiffs' Motion to File Document Under Seal 713 is GRANTED. Signed by Honorable J Michelle Childs on 6/6/11.(awil, )
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Filing 725
MOTION to Seal Document 724 Reply to Response to Motion for Partial Reconsideration of Order on Uhlig's Motion for Summary Judgment by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 6/23/2011 (Attachments: # 1 Exhibit A-Reply in Support of Motion for Partial Reconsideration of Order on Uhlig's Motion for Summary Judgment, # 2 Exhibit B-Certificate of Compliance)No proposed order(Major, Denny)
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Filing 724
REPLY to Response to Motion re 709 MOTION for Reconsideration re 698 Order, MOTION for Hearing MOTION for Reconsideration re 698 Order, Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. (Major, Denny)
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Filing 723
ORDER granting 699 Motion to Compel as set out. Signed by Honorable J Michelle Childs on 6/1/11.(awil)
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Filing 722
MOTION to Seal Document 721 Response in Opposition to Motion, by Uhlig LLC. Response to Motion due by 6/13/2011 (Attachments: # 1 Exhibit A - Descriptive Index of the Document at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 721
RESPONSE in Opposition re 709 MOTION for Reconsideration re 698 Order, MOTION for Hearing MOTION for Reconsideration re 698 Order, by Uhlig LLC.Reply to Response to Motion due by 6/6/2011 (Attachments: # 1 Exhibit A - Out-of-Region Court Decisions and Decisions Published in Various Specialized Reporting Services)(Gibbes, Frank)
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Filing 720
MOTION to Seal Document 719 Reply to Response to Motion, by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 6/9/2011 (Attachments: # 1 Exhibit A, non-confidential description of documents, # 2 Exhibit B, certificate of compliance)No proposed order(Major, Denny)
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Filing 719
REPLY to Response to Motion re 703 MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, (Partial Reconsideration) MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, (Partial Reconsideration) (filed under seal) Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. (Major, Denny) (Main Document 719 replaced on 5/24/2011). Modified on 5/24/2011 to replace with corrected document provided by filing user (awil).
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Filing 717
MOTION to Seal Document 716 MOTION to Strike Defenses or, in the Alternative, for Adverse Inference Instruction Due to Spoliation of Evidence by Uhlig LLC. Response to Motion due by 6/6/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 716
MOTION to Strike Defenses or, in the Alternative, for Adverse Inference Instruction Due to Spoliation of Evidence by Uhlig LLC. Response to Motion due by 6/6/2011 (Attachments: # 1 Memo in Support (Redacted Version), # 2 Exhibit A January 18, 2011 Affidavit of Amanda Dorsey Marcengill (without exhibits), # 3 Exhibit B - Defendants Responses to Plaintiffs First Interrogatories to Defendant, # 4 Exhibit C - Affidavit of Derek Gordinier, # 5 Exhibit D - Excerpts from Deposition of John Adam Shirley, # 6 Exhibit E - Excerpts from Deposition of Todd Baldree, # 7 Exhibit F - April 7, 2008 E-mail string (Baldree Deposition Exhibit 605), # 8 Exhibit G - Excerpts from 30(b)(6) Deposition of Prism Content Solutions, # 9 Exhibit H - Excerpts from Deposition of Chris Jones, # 10 Exhibit I - Excerpts from Deposition of Amanda Dorsey Marcengill, # 11 Exhibit J - Excerpts from 30(b)(6) Deposition of Eventelope, LLC, # 12 Exhibit K - August 11, 2008 letter from Cox to Marion (FILED UNDER SEAL), # 13 Exhibit L - August 22, 2008 letter from Cox to Marion (FILED UNDER SEAL), # 14 Exhibit M - November 24, 2008 letter to Magistrate Judge Catoe, # 15 Exhibit N - OAZ Data Forensics Report, # 16 Exhibit O - December 11, 2008 Letter from Marion to Magistrate Judge Catoe, # 17 Exhibit P - December 19, 2008 List of Computers Sent by Shirleys Counsel to Uhligs Counsel (FILED UNDER SEAL), # 18 Exhibit Q - August 24, 2009 E-Mail from Frank Beal to Juliet Cox, # 19 Exhibit R - September 8, 2009 Letter from Cox to Marion (FILED UNDER SEAL), # 20 Exhibit S - September 17, 2009 E-mail from Frankie Marion to Frank Beal, # 21 Exhibit T May 17, 2011 Affidavit of Al Johnson (FILED UNDER SEAL), # 22 Exhibit U - March 12, 2008 E-mail from Amanda Dorsey to Chris Jones, # 23 Exhibit V - September 17, 2009 Letter from Marion to Cox, # 24 Exhibit W Out-of-Region Court Decisions and Decisions Published in Various Specialized Reporting Services)No proposed order(Gibbes, Frank). Added MOTION (Miscellaneous Relief for Adverse Inference Instruction Due to Spoliation of Evidence on 5/18/2011; modified to add motion relief(alew, ).
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Filing 715
REPLY to Response to Motion re 702 MOTION for Reconsideration re 685 Order on Motion for Summary Judgment,, (Partial). Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. (Major, Denny) Modified on 5/17/2011 to remove duplicate text (alew, ).
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Filing 714
REPLY to Response to Motion re 699 MOTION to Compel Production of the Recorded Statement of Amanda Dorsey Marcengill Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. (Major, Denny)
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Filing 713
MOTION to Seal Document 712 Response in Opposition to Motion, by Uhlig LLC. Response to Motion due by 5/31/2011 (Attachments: # 1 Exhibit A - Descriptive Index of the Document at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 712
RESPONSE in Opposition re 703 MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, (Partial Reconsideration) MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, (Partial Reconsideration) by Uhlig LLC.Reply to Response to Motion due by 5/23/2011 (Attachments: # 1 Exhibit A - Out-of-Region Court Decisions and Unpublished Decisions)(Gibbes, Frank)
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Filing 711
Additional Attachments to Main Document 709 MOTION for Reconsideration re 698 Order, MOTION for Hearing MOTION for Reconsideration re 698 Order, Memo in Support of Motion for Partial Reconsideration of Order Granting Partial Summary Judgment to Uhlig (TO BE FILED UNDER SEAL). (Attachments: # 1 Unpublished Opinion)(Major, Denny)
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Filing 710
MOTION to Seal Document-Memorandum in Support re 709 Motion, by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 5/27/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Major, Denny) Modified on 5/10/2011 to link correct event to associated event(alew, ).
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Filing 709
MOTION for Reconsideration re 698 Order, by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 5/27/2011 No proposed order(Major, Denny). Added MOTION for Hearing on 5/10/2011 (alew, )to include additional motion reliefs Modified on 5/12/2011; see additional attachments 711 filed 5/11/11 (alew, ).
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Filing 708
RESPONSE in Opposition re 703 MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, (Partial Reconsideration) 702 MOTION for Reconsideration re 685 Order on Motion for Summary Judgment (Partial). Response filed by Cox CustomMedia Inc.Reply to Response to Motion due by 5/19/2011 (Bakker, Mark) Modified on 5/10/2011 to remove duplicate text(alew, ).
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Filing 707
RESPONSE in Opposition re 699 MOTION to Compel Production of the Recorded Statement of Amanda Dorsey Marcengill by Plaintiff Uhlig LLC.Reply to Response to Motion due by 5/12/2011 (Attachments: # 1 Exhibit A January 11, 2011 Affidavit of Amanda Dorsey Marcengill (without exhibits), # 2 Exhibit B August 17, 2009 Letter from Juliet Cox to John Rogers, # 3 Exhibit C February 24, 2011 E-Mail Forwarding August 17, 2009 Letter, # 4 Exhibit D February 3, 2011 Letter from Francis Marion to Juliet Cox and Frank Gibbes, # 5 Exhibit E February 8, 2011 Letter from Juliet Cox to Francis Marion, # 6 Exhibit F Unpublished and Out of Region Opinions (Part 1), # 7 Exhibit F Unpublished and Out of Region Opinions (Part 2))(Gibbes, Frank)
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Filing 706
Sealed Document in re document 703 . (Major, Denny) Modified on 5/2/2011 to link correct event to associated event as requested by filing user (awil).
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Filing 705
TEXT ORDER. Defendants' Motion to File Document Under Seal 704 (Memorandum in Support of Their Motion for Reconsideration of the Court's Order on Defendants' Motion for Summary Judgment) is granted. Such motion is made with the consent of Plaintiff's counsel. Signed by Honorable J Michelle Childs on 5/2/11.(awil)
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Filing 704
MOTION to Seal (Defendants Memorandum in Support of Motion for Partial Reconsideration, Doc. 703-1) by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 5/12/2011 (Attachments: # 1 Exhibit A, Non-descriptive Index of Documents at Issue, # 2 Exhibit B, Certficate of Compliance)No proposed order(Major, Denny)
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Filing 703
MOTION for Reconsideration re 687 Order on Motion for Summary Judgment, (Partial Reconsideration) by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 5/12/2011 (Attachments: # 1 Memo in Support (filed under seal), # 2 Exhibit Unpublished Opinions)No proposed order(Major, Denny) Modified on 5/2/2011. Sealed memo in support filed as entry 706 (awil).
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Filing 702
MOTION for Reconsideration re 685 Order on Motion for Summary Judgment,, (Partial) by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 5/9/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit Unpublished Decision)No proposed order(Major, Denny)
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Filing 701
TEXT ORDER. Plaintiff's Motion to Allow Additional Evidence and Briefing in Response to Defendants' Motion for Summary Judgment 652 is DENIED as moot because the court has issued its formal ruling on Defendants' motion for summary judgment. 545 . Signed by Honorable J Michelle Childs on 4/18/11.(awil)
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Filing 700
TEXT ORDER. Defendants' Motion for Hearing 629 with respect to the parties' motions for summary judgment 544 , 545 , and 546 is DENIED as moot because the court has issued formal rulings on these motions. 685 , 687 , and 698 . Signed by Honorable J Michelle Childs on 4/18/11.(awil)
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Filing 699
MOTION to Compel Production of the Recorded Statement of Amanda Dorsey Marcengill by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 5/2/2011 (Attachments: # 1 Exhibit Settlement Agreement between Uhlig and Dorsey, # 2 Exhibit Consent Injunction between Uhlig and Dorsey, # 3 Exhibit 2/8/2011 letter from Cox to Marion, # 4 Exhibit Plaintiff's Fifth Supplemental Objections and Responses to Defendant Shirley's First Set of Interrogatories No. 1, # 5 Exhibit Plaintiff's Supplemental Objections and Responses to Defendant's First Request for Production, # 6 Exhibit Correspondence between counsel, # 7 Exhibit Unpublished and Out-of-Region Opinions)No proposed order(Major, Denny)
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Filing 698
ORDER re 546 MOTION for Partial Summary Judgment as set out. This document is restricted to case participants. Signed by Honorable J Michelle Childs on 4/12/11. (awil). Modified on 4/12/2011 to add document with restrictions (awil).
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Filing 697
Sealed Document in re document 650 . (Attachments: # 1 Exhibit 3 - E-Mail String, U02405-U02406)(Major, Denny)
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Filing 696
Sealed Document in re document 681 . (Attachments: # 1 Exhibit C - Affidavit of Amanda Dorsey Marcengill (Unredacted) Part 1 - Filed Under Seal, # 2 Exhibit C - Affidavit of Amanda Dorsey Marcengill (Unredacted) Part 2 - Filed Under Seal, # 3 Exhibit C - Affidavit of Amanda Dorsey Marcengill (Unredacted) Part 3 - Filed Under Seal)(Gibbes, Frank)
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Filing 695
Sealed Document in re document 652 . (Attachments: # 1 Exhibit A - Affidavit of Amanda Dorsey Marcengill (Unredacted) Part 2 - Filed Under Seal, # 2 Exhibit A - Affidavit of Amanda Dorsey Marcengill (Undredacted) Part 3 - Filed Under Seal)(Gibbes, Frank)
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Filing 694
Sealed Document in re document 645 . (Attachments: # 1 Exhibit C - Adam Shirley's March 10, 2008 Resignation Letter - Filed Under Seal, # 2 Exhibit D - March 10, 2008 E-mail from Shirley to Sunrise - Filed Under Seal, # 3 Exhibit H-1 - Sealed Portions from Deposition of Dr. Perry Woodside - Filed Under Seal)(Gibbes, Frank)
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Filing 693
TEXT ORDER granting 646 Motion to Seal Document ; granting 651 Motion to Seal; granting 653 Motion to Seal; granting 682 Motion to Seal Document. Signed by Honorable J Michelle Childs on 4/11/11.(jtho, )
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Filing 692
NOTICE of Hearing: Jury Selection set for 8/2/2011 09:30 AM in Greenville #1, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable J Michelle Childs. Jury Trial set for 9/12/2011 - 9/23/11, 09:30 AM in Greenville #1, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable J Michelle Childs. (jtho, )
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Filing 691
TEXT AMENDED SCHEDULING ORDER: Motion in Limine due by 7/15/2011, Jury Selection Deadline 8/2/201,. Signed by Honorable J Michelle Childs on 4/11/11. (jtho, ) Modified on 4/11/2011 (jtho, ) to edit text.
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Filing 690
Minute Entry for proceedings held before Honorable J Michelle Childs: Status Conference held on 4/11/2011. Court Reporter Karen Martin. (jtho, )
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Filing 689
REPLY to Response to Motion re 681 MOTION to Modify Protocol for Conducting Examination of Defendants' Computers by Plaintiff Uhlig LLC. (Attachments: # 1 Exhibit A 11/26/2008 Motion Hearing Transcript, # 2 Exhibit B March 31, 2011 Affidavit of Alfred L. Johnson, # 3 Exhibit C Charleston Protocol, # 4 Exhibit D November 21, 2008 e-mail and November 25, 2008 letter, # 5 Exhibit E Plaintiff's First Request for Production to Defendant John Adam Shirley No. 8, # 6 Exhibit F Portions of the Deposition of Gerry Wiatrowski, # 7 Exhibit G CCM Policy and Procedures Handbook, # 8 Exhibit H Affidavit of Amanda Dorsey Marcengill (without exhibits), # 9 Exhibit I Portions of the Deposition of John Adam Shirley)(Gibbes, Frank)
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Filing 688
TEXT ORDER. The court issues the following order on Uhlig LLC's ("Uhlig") motion for summary judgment. [Doc. 546-1]. Uhlig's motion for summary judgment is DENIED with respect to the following claims: Uhlig's breach of contract claim against Defendants John Adam Shirley ("Shirley"), Prism Content Solutions LLC ("Prism") and Eventelope LLC ("Eventelope"); Uhlig's tortious interference claim against Prism; and Prism's counterclaim for declaratory judgment for ownership of the source code.Uhlig's motion for summary judgment with respect to the following claims and counterclaims is GRANTED: Shirley's counterclaim for defamation, misappropriation of name and likeness, misappropriation of right of publicity, violation of the Lanham Act, violation of the South Carolina Unfair Trade Practices Act, abuse of process in inducing CoxCustom Media ("CCM") to join as a party plaintiff, abuse of process in issuing subpoenas, conversion; Prism's counterclaims for abuse of process in inducing CCM to join as a party plaintiff, abuse of process in issuing subpoenas, abuse of process in naming former CCM employees as defendants in the lawsuit, tortious interference with contract or prospective business relations, tortious interference with customers/vendors, tortious interference with alleged contract between Prism and the individual defendants; Eventelopes counterclaim for conversion, tortious interference with contract or prospective business relations, and tortious interference. The court shall issue a formal order on the motion within ten (10) days at which time the court shall more thoroughly set forth the bases for its judgment. The parties shall be bound only by the formal order of the court. The timeliness or grounds for any motions for reconsideration or appeals shall be determined from the forthcoming formal order issued by this court. Signed by Honorable J Michelle Childs on 3/30/11.(awil)
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Filing 687
ORDER granting in part and denying in part 545 Motion for Summary Judgment. This order is restricted to case participants only. Signed by Honorable J Michelle Childs on 3/28/11.(awil) . Modified on 3/28/2011 to attach document with restricted access. (awil).
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Filing 685
ORDER granting 544 Motion for Summary Judgment with respect to the following claims by Shirley: breach of the duty of loyalty, breach of fiduciary duty; misappropriation of corporate opportunity; and breach of contract. Cox CustomMedia Inc.s motion for summary judgment is also GRANTED with respectto the following claims: Uhligs standing to sue under the Noncompetition Agreement; Shirleys counterclaims under the Lanham Act, Abuse of Process, Invasion of Privacy and the South Carolina Unfair Trade Practices Act. Cox CustomMedia is hereby dismissed with prejudice. Signed by Honorable J Michelle Childs on 3/25/11.(awil)
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Filing 684
SUPPLEMENT by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley to 680 Reply to Response to Motion,. (Major, Denny) Modified on 3/28/2011 to correct a filer per attorney request(alew, ).
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Filing 683
RESPONSE in Opposition re 681 MOTION to Modify Protocol for Conducting Examination of Defendants' Computers by Plaintiff Uhlig LLC Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley.Reply to Response to Motion due by 4/4/2011 (Attachments: # 1 Exhibit 5/13/2009 letter from Cox to Beal, # 2 Exhibit 6/22/2009 letter from Marion to Gibbes, # 3 Exhibit E-mail string re: "Uhlig - Prism computer searches", # 4 Exhibit 11/17/2009 letter from Marion to Cox & Gibbes, # 5 Exhibit 5, E-mail string re: "Uhlig: Search Terms / WSI Depo / Dorsey Drive", # 6 Exhibit 2/9/2010 e-mail from Marion to Cox & Gibbes, # 7 Exhibit 4/19/2010 e-mail from Cox to Marion with forwarded e-mails and attachment, # 8 Exhibit 4/17/2010 letter from Marion to Cox & Gibbes, # 9 Exhibit 7/2/2010 letter from Cox to Marion, # 10 Exhibit 7/16/2010 letter from Marion to Cox & Gibbes)(Major, Denny)
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Filing 682
MOTION to Seal Document 681 MOTION to Modify Protocol for Conducting Examination of Defendants' Computers by Plaintiff Uhlig LLC. Response to Motion due by 3/24/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 681
MOTION to Modify Protocol for Conducting Examination of Defendants' Computers by Plaintiff Uhlig LLC. Response to Motion due by 3/24/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit A March 4, 2011 Affidavit of Alfred L. Johnson, # 3 Exhibit B - Defendants Responses to Plaintiffs First Interrogatories to Defendant Shirley, No. 9, # 4 Exhibit C - Affidavit of Amanda Dorsey Marcengill (Redacted)(Filed Under Seal), # 5 Exhibit D - Charleston Protocol, # 6 Exhibit E January 15, 2011 Affidavit of Alfred L. Johnson)No proposed order(Gibbes, Frank)
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Filing 680
REPLY to Response to Motion re 590 MOTION to Compel Discovery Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. (Attachments: # 1 Exhibit 1-Portions of Transcript of Deposition of Mark A. Uhlig, # 2 Exhibit 2-Supplemental Affidavit of Steven M. Abrams)(Major, Denny)
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Filing 679
NOTICE of Hearing:Status Conference set for 4/11/2011 10:00 AM in Greenville #1, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable J Michelle Childs. The parties are to discuss possible trial dates for the end of August and for the month of September before attending the status conference. (awil)
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Filing 678
REPLYto 667 Supplement, Plaintiff Uhlig LLC's Response to Defendants' Notice of Supplemental Authority. (Attachments: # 1 Exhibit A - Unpublished Opinion)(Gibbes, Frank)
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Filing 677
SUPPLEMENT by Cox CustomMedia Inc to 544 MOTION for Summary Judgment Intervener/Plaintiff Cox CustomMedia, Inc.'s Notice of Supplemental Authority Decided Since the Briefing of Its Motion for Summary Judgment. (Attachments: # 1 Exhibit A - Estate of Winifred P. Painter v. Strahan.pdf, # 2 Exhibit B - Rent-A-Center v. Wiser (In re Wiser).pdf)(Bakker, Mark)
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Filing 676
REPLY to Response to Motion re 652 MOTION Allow Additional Evidence and Briefing in Response to Defendants' Motion for Summary Judgment re 560 Response in Opposition to Motion Plaintiff Uhlig LLC. (Gibbes, Frank) Modified on 2/25/2011 to remove duplicative text(alew, ).
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Filing 674
SCHEDULING ORDER as set out. Signed by Honorable J Michelle Childs on 2/25/11. (awil)
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Filing 673
Text Order. Plaintiff Uhlig shall file any supplemental authority decided since the briefing in opposition to Defendants Motion for Summary Judgment 545 on or before March 4, 2011. Signed by Honorable J Michelle Childs on 2/24/11. (awil)
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Filing 672
Text Order. Motions in Limine 596 , 600 , 602 , 608 and 611 are dismissed with leave to refile, if necessary, after the Court rules on pending dispositive motions 544 , 545 and 546 . Signed by Honorable J Michelle Childs on 2/24/11.(awil)
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Filing 671
RESPONSE in Opposition re 590 MOTION to Compel Discovery by Plaintiff Uhlig LLC.Reply to Response to Motion due by 3/7/2011 (Attachments: # 1 Exhibit A - Subpoena to Nuvox, Inc., # 2 Exhibit B - Letters dated 11/13/08, 01/26/09, 04/15/09, # 3 Exhibit C - Affidavit of Juliet A. Cox, # 4 Exhibit D - Affidavit of Amanda Dorsey Marcengill, # 5 Exhibit E - Out-of-Region Decision)(Gibbes, Frank)
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Filing 670
Sealed Document in re document 661 . (Attachments: # 1 Exhibit 5 - 3/31/08 email from H. Huguenin to C. Judd with attachment, # 2 Exhibit 6 - 1/31/08 email from S. Cordell to various with attachment, # 3 Exhibit 7 - 3/27/08 email from D. Ridenhour to C. Judd with examples of invoices, # 4 Exhibit 8 - Chart with data, # 5 Exhibit 9 - 12/11/07 email from A. Dorsey to T. Kuster with attachment, # 6 Exhibit 11 - 1/3/08 email from A. Childers to L. Hess with attachment and 12/13/07 email from C. Judd to A. Dorsey with attachment, # 7 Exhibit 12 - Email string between A. Shirley and S. Tribble re color pricing, # 8 Exhibit 13 - 2/26/08 email from A. Dorsey to A. Shirley re color pricing, # 9 Exhibit 14 - 2/19/08 email from J. Means to A. Shirley)(Major, Denny)
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Filing 669
TEXT ORDER. Plaintiff Uhlig's Motion for Reconsideration 666 of the court's order granting Defendants' Motion to Compel 590 is granted. Plaintiff shall file any memorandum opposing Defendants' motion within 7 days of the date of this order. Signed by Honorable J Michelle Childs on 2/23/11.(awil)
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Filing 668
TEXT ORDER. Defendants John Adam Shirley, Prism Content Solutions, LLC, and Eventelope, LLC's Motion to File Documents Under Seal 662 is granted. Counsel for Uhlig, LLC consents to the relief sought in this motion. Signed by Honorable J Michelle Childs on 2/23/11.(awil)
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Filing 667
SUPPLEMENT by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley to 545 MOTION for Summary Judgment Notice of Supplemental Authority Decided Since the Briefing of Defendants' Motion for Summary Judgment. (Attachments: # 1 Exhibit 1 - Unpublished Opinions)(Major, Denny)
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Filing 666
MOTION for Reconsideration re 656 Order on Motion to Compel, by Plaintiff Uhlig LLC. Response to Motion due by 3/11/2011 (Attachments: # 1 Exhibit A - Uhlig LLC's Proposed Memorandum Opposing Defendants' Motion to Compel, # 2 Exhibit B - Out-of-Region Decisions)No proposed order(Gibbes, Frank)
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Filing 665
MOTION for proposed scheduling order re 659 Order,,, by Cox CustomMedia Inc. Response to Motion due by 3/7/2011 No proposed order(Bakker, Mark)
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Filing 664
MOTION for proposed scheduling order re 659 Order,,, by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 3/7/2011 Proposed order is being emailed to chambers with copy to opposing counsel(Marion, William)
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Filing 663
MOTION for Proposed Scheduling Order re 659 Order,,, by Plaintiff Uhlig LLC. Response to Motion due by 3/7/2011 Proposed order is being emailed to chambers with copy to opposing counsel(Gibbes, Frank)
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Filing 662
MOTION to Seal by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 3/4/2011 (Attachments: # 1 Exhibit A, Non-Confidential Description of Documents, # 2 Exhibit B, Certificate of Compliance)No proposed order(Major, Denny)
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Filing 661
RESPONSE in Opposition re 652 MOTION Allow Additional Evidence and Briefing in Response to Defendants' Motion for Summary Judgment re 560 Response in Opposition to Motion, 564 Additional Attachments to Main Document, 561 Additional Attachments. Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley.Reply to Response to Motion due by 2/25/2011 (Attachments: # 1 Exhibit 1, Portions of the Transcript of the Deposition of Amanda Marcengill (July 14, 2009), # 2 Exhibit 2, Release and Settlement Agreement (August 4, 2009), # 3 Exhibit 3, Consent Permanent Injunction, # 4 Exhibit 4, Plaintiff Uhlig LLC's Supplemental Objections and Responses to Defendant's First Request for Production (January 31, 2011), # 5 Exhibit 5, 3/31/2008 e-mail from H. Huguenin to C. Judd with attached "Invoice Tracking 030508.xls" (to be filed under seal), # 6 Exhibit 6, 1/31/2008 e-mail from Sarah Cordell to various with attached "08_03_ProductionNotes.doc" (to be filed under seal), # 7 Exhibit 7, /27/2008 e-mail from Donna Ridenhour to Cindy Judd with examples of attached invoices (to be filed under seal), # 8 Exhibit 8, spreadsheet entitled "_e-.xls" (to be filed under seal), # 9 Exhibit 9, 12/11/2007 e-mail from Amanda Dorsey to Traci Kuster and attached "Leisure Care NEW vs OLD Pricing.xls" (to be filed under seal), # 10 Exhibit 10, Portion of Plaintiff Uhlig LLC's Objections and Responses to Defendant Prism's First Set of Interrogatories (dated February 23, 2009), # 11 Exhibit 11, 1/3/08 e-mail from Anna Childers with attached "LEC 08 CAL 70.pdf" and 12/13/07 e-mail from Cindy Judd with attached "Elmcroft 08 CAL 75.pdf" (to be filed under seal), # 12 Exhibit 12, E-mail string between Adam Shirley and Susan Tribble re: "Re: color pricing" (to be filed under seal), # 13 Exhibit 13, 2/26/08 e-mail from Amanda Dorsey to Adam Shirley re: "FW: color pricing" (to be filed under seal), # 14 Exhibit 14, 2/19/08 e-mail from Jeff Means to Adam Shirley (to be filed under seal), # 15 Exhibit 15, Portion of Deposition Transcript of Brian Cooper, # 16 Exhibit 16, Portion of Deposition Transcript of Adam Shirley (April 17, 2009), # 17 Exhibit 5/4/2009 e-mail from Amanda Marcengill to Adam Shirley)(Major, Denny) Modified on 2/16/2011 to edit text(alew, ).
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Filing 660
Letter from W. Francis Marion, Jr.. (Marion, William)
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Filing 659
TEXT ORDER. Upon review of the February 8, 2011 letter received from Plaintiff's counsel, it appears that since the stay in this case was lifted, the parties have not been subject to a briefing schedule or new scheduling order. Therefore, the court requests that the parties submit a proposed new scheduling order in this matter within ten (10) days of this order. Such scheduling order should include a briefing schedule for the pending motions, but the dates for responsive briefs to the pending motions shall not extend beyond March 1, 2011. Plaintiff's counsel shall also be allowed to file a Motion for Reconsideration of the court's text order regarding Defendants' Motion to Compel (Doc. 590) as a result of the confusion surrounding the status of deadlines in this case. Defendants shall also be allowed to file a timely response. Signed by Honorable J Michelle Childs on 2/9/11. (awil)
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Filing 658
Letter from Frank H. Gibbes, III. (awil)
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Filing 657
Sealed Document in re document 647 . (Gibbes, Frank)
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Filing 656
TEXT ORDER: Defendants John Adam Shirley, Eventelope, LLC, and Prism Content Solutions, LLC's Motion to Compel Discovery 590 is Granted, consistent with the parameters outlined in the motion. Plaintiff Uhlig is to respond to such discovery requests withihn twenty (20) days of this order. Signed by Honorable J Michelle Childs on 2/4/11.(jtho, )
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Filing 655
TEXT ORDER. Plaintiff's Motion to Modify Order Staying Case 615 is Granted to permit resolution of the outstanding discovery and other matters herein. The June 4, 2010 text order 613 staying this case was lifted on December 2, 2010 by the court's text order 624 . Signed by Honorable J Michelle Childs on 2/4/11.(awil)
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Filing 654
TEXT ORDER. Plaintiff's Motion to File Documents Under Seal 648 is Granted, with consent of Defendants. Signed by Honorable J Michelle Childs on 2/4/11.(awil)
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Filing 653
MOTION to Seal by Plaintiff Uhlig LLC. Response to Motion due by 2/17/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 652
MOTION Allow Additional Evidence and Briefing in Response to Defendants' Motion for Summary Judgment re 560 Response in Opposition to Motion,,,,,,,,, 564 Additional Attachments to Main Document,,, 561 Additional Attachments to Main Document,,,,,,, 563 Additional Attachments to Main Document,,,,,,,,, by Plaintiff Uhlig LLC. Response to Motion due by 2/17/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit A - Affidavit of Amanda Dorsey Marcengill (REDACTED) (Filed Under Seal))No proposed order(Gibbes, Frank)
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Filing 651
MOTION to Seal Documents in Conjunction with Reply in Support of Defendants' Motion for Sanctions by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 2/10/2011 (Attachments: # 1 Exhibit A, non-confidential index of documents, # 2 Exhibit B, certificate of compliance)No proposed order(Major, Denny)
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Filing 650
REPLY to Response to Motion re 627 MOTION for Sanctions Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. (Attachments: # 1 Exhibit 1 - Affidavit of Jim North, # 2 Exhibit 2 - Depo Excerpts of Kelli Lawrence, # 3 Exhibit 3 - E-mail String, U02405-U02406 (FILED UNDER SEAL))(Major, Denny)
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Filing 649
REPLY to Response to Motion re 629 MOTION for Hearing re 545 MOTION for Summary Judgment, 544 MOTION for Summary Judgment, 546 MOTION for Partial Summary Judgment. Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. (Major, Denny) Modified on 1/24/2011 to remove duplicative text (alew, ).
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Filing 648
MOTION to Seal Document 647 Response in Opposition to Motion,, by Plaintiff Uhlig LLC. Response to Motion due by 1/31/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Document at Issue, # 2 Exhibit B- Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 647
RESPONSE in Opposition re 629 MOTION for Hearing re 545 MOTION for Summary Judgment, 544 MOTION for Summary Judgment, 546 MOTION for Partial Summary Judgment by Plaintiff Uhlig LLC.Reply to Response to Motion due by 1/24/2011 (Attachments: # 1 Exhibit A - Noncompetition and Nonsolicitation Agreement between Cox CustomMedia, Inc. and John Adam Shirley, # 2 Exhibit B Plaintiff Uhlig LLCs Third Supplemental Responses to Defendant John Adam Shirleys First Interrogatories No. 2 (Filed Under Seal), # 3 Exhibit C - Affidavit of Derek Gordinier)(Gibbes, Frank) Modified on 1/18/2011 to remove duplicative text (alew, ).
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Filing 646
MOTION to Seal Document 645 Response in Opposition to Motion,,, by Plaintiff Uhlig LLC. Response to Motion due by 1/31/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank)
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Filing 645
RESPONSE in Opposition re 627 MOTION for Sanctions by Plaintiff Uhlig LLC.Reply to Response to Motion due by 1/24/2011 (Attachments: # 1 Exhibit A - Plaintiff Uhlig LLCs Objections and Responses to Defendant Prism Content Solutions, LLCs First Set of Interrogatories, # 2 Exhibit B - Plaintiff Uhlig LLCs Second Supplemental Responses to Defendant John Adam Shirleys First Interrogatories, # 3 Exhibit C - Adam Shirleys March 10, 2008 resignation letter (FILED UNDER SEAL), # 4 Exhibit D - March 10, 2008 E-mail from Shirley to Sunrise (FILED UNDER SEAL), # 5 Exhibit E - Deposition Excerpts of Tess Aiello, # 6 Exhibit F - May 25, 2010 Letter from Francis Marion to Juliet Cox and Frank Gibbes, # 7 Exhibit G - May 27, 2010 Letter from Juliet Cox to Francis Marion, # 8 Exhibit H Excerpts from Deposition of Dr. Perry Woodside, # 9 Exhibit H-1 Sealed Portions from Deposition of Dr. Perry Woodside (FILED UNDER SEAL))(Gibbes, Frank)
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Filing 644
REPLY to Response to Motion re 635 MOTION for Reconsideration re 592 Order on Motion to Compel PARTIAL - Filed by Plaintiff Uhlig LLC. Modified to correct event type. (alew, )
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Filing 642
Sealed Document in re document 627 . (Attachments: # 1 Memo in Support of Defendants' Motion for Sanctions (full version), # 2 Exhibit 1 to Defendants' Motion for Sanctions (email from North to Glascock dated 12/6/08))(Major, Denny)
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Filing 641
Sealed Document in re document 635 . (Gibbes, Frank)
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Filing 640
TEXT ORDER granting 628 Motion to Seal Document ; granting 636 Motion to Seal Document. Signed by Honorable J Michelle Childs on 1/3/11.(awil)
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Filing 639
RESPONSE in Opposition re 635 MOTION for Reconsideration re 592 Order on Motion to Compel PARTIAL - Filed by Plaintiff Uhlig LLC Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley.Reply to Response to Motion due by 1/10/2011 (Attachments: # 1 Addendum Written Discovery Submitted by Uhlig)(Marion, William) Modified on 1/3/2011 to remove duplicative text(alew, ).
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Filing 637
REPLY by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirleyto 632 Status Report. (Major, Denny)
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Filing 636
MOTION to Seal Document (Exhibit G) of 635 MOTION for Partial Reconsideration re 592 Order on Motion to Compel by Uhlig LLC. Response to Motion due by 1/10/2011 (Attachments: # 1 Exhibit A - Descriptive Index of Document at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed order(Gibbes, Frank) Modified on 12/23/2010 to remove duplicative text(alew, ).
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Filing 635
MOTION for Partial Reconsideration re 592 Order on Motion to Compel by Uhlig LLC. Response to Motion due by 1/10/2011 (Attachments: # 1 Memo in Support of Its Motion for Partial Reconsideration, # 2 Exhibit A Affidavit of Derek Gordinier, # 3 Exhibit B Defendant Prism Content Solutions, LLCs Responses to Plaintiffs First Request for the Production of Documents and Things, # 4 Exhibit C Defendant Prism Content Solutions, LLCs Responses to Plaintiffs Second Request for Production of Documents and Things, # 5 Exhibit D Defendant Prism Content Solutions, LLCs Responses to Plaintiffs First Interrogatories, # 6 Exhibit E Defendants Responses to Plaintiffs First Interrogatories to Defendants, # 7 Exhibit F 08.06.09 Transcript of Motion Hearing, # 8 Exhibit G April 2, 2008 E-mail from Adam Shirley to Jeremy Richardson attaching Production Estimates FILED UNDER SEAL, # 9 Exhibit H Out-of-Region Decisions)No proposed order(Gibbes, Frank) Modified on 12/23/2010 to edit text(alew, ).
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Filing 634
TEXT ORDER granting 631 Motion for Extension of Time to File Response/Reply re 627 MOTION for Sanctions, 629 MOTION for Hearing. Response to Motion due by 1/14/2011. Signed by Honorable J Michelle Childs on 12/17/10.(awil)
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Filing 633
STATUS REPORT by Cox CustomMedia Inc. (Bakker, Mark)
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Filing 632
STATUS REPORT by Uhlig LLC. (Gibbes, Frank)
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Filing 631
Consent MOTION for Extension of Time to File Response/Reply as to 629 MOTION for Hearing re 545 MOTION for Summary Judgment, 544 MOTION for Summary Judgment, 546 MOTION for Partial Summary Judgment MOTION for Hearing re 545 MOTION for Summary Judgment, 544 MOTION for Summary Judgment, 546 MOTION for Partial Summary Judgment, 627 MOTION for Sanctions by UHLIG, Cox Custom Media,Eventelope LLC, Prism Content Solutions LLC, John Adam Response to Motion due by 1/7/2011 No proposed order(Gibbes, Frank) Modified on 12/16/2010 to add filers listed on document(alew, ).
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Filing 630
STATUS REPORT by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. (Major, Denny)
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Filing 629
MOTION for Hearing re 545 MOTION for Summary Judgment, 544 MOTION for Summary Judgment, 546 MOTION for Partial Summary Judgment by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 12/29/2010 No proposed order(Marion, William)
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Filing 628
MOTION to Seal Document 627 MOTION for Sanctions by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 12/29/2010 (Attachments: # 1 Exhibit A, Non-Confidential Index of Documents, # 2 Exhibit B, Certificate of Compliance)No proposed order(Major, Denny)
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Filing 627
MOTION for Sanctions by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 12/29/2010 (Attachments: # 1 Memo in Support, # 2 Exhibit 1, Email from Jim North to Kristin Glacock dated December 6, 2008, # 3 Exhibit 2, Portions of Deposition Transcript of Dr. Perry Woodside, III, # 4 Exhibit 3, Portions of Transcript of 30(b)(6) Deposition of Prism Content Solutions, LLC, # 5 Exhibit 4, Plaintiff's Objections and Responses to Defendant's First Request for Production, # 6 Exhibit 5, Plaintiff's Objections and Responses to Defendant Jeremy Richardson's First Set of Interrogatories to Plaintiff)No proposed order(Major, Denny)
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Filing 626
TEXT ORDER. The parties are to file a status report regarding pending matters in the case by December 16, 2010. Signed by Honorable J Michelle Childs on 12/6/10. (awil)
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Filing 624
TEXT ORDER LIFTING STAY. Signed by Honorable J Michelle Childs on 12/2/10. (awil)
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Filing 623
Case Reassigned to Judge Honorable J Michelle Childs. Judge Honorable Henry F Floyd no longer assigned to the case. (glev, )
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Filing 622
REPLY to Response to Motion re 615 MOTION Permit parties to proceed with expert discovery and file discovery-related motions. (Attachments: # 1 Exhibit A - Charleston Protocol)(Gibbes, Frank)
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Filing 620
RESPONSE in Opposition re 615 MOTION Permit parties to proceed with expert discovery and file discovery-related motions Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley.Reply to Response to Motion due by 8/5/2010 (Major, Denny)
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Filing 618
Sealed Document in re document 615 . (Attachments: # 1 Exhibit B - Prism Content Solutions Agreements with Barnes and Noble and Holiday Retirement (Filed Under Seal))(Gibbes, Frank) (Attachment 1 replaced on 7/9/2010 to replace illegible attachment as provided by filing user) (kmca).
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Filing 617
TEXT CONSENT ORDER granting 616 Motion to Seal Document. Signed by Magistrate Judge Kevin McDonald on 7/8/10.(kmca)
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Filing 616
MOTION to Seal Document 615 MOTION Permit parties to proceed with expert discovery and file discovery-related motions. Response to Motion due by 7/26/2010 (Attachments: # 1 Exhibit A - Descriptive Index of Document at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to Kevin McDonald.(Gibbes, Frank)
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Filing 615
MOTION to Permit parties to proceed with expert discovery and file discovery-related motions. Response to Motion due by 7/26/2010 (Attachments: # 1 Memo in Support, # 2 Exhibit A - Affidavit of Derek Gordinier, # 3 Exhibit B - Prism Content Solutions Agreements with Barnes and Noble and Holiday Retirement (Filed Under Seal), # 4 Exhibit C - Unpublished Decision)Proposed order is being emailed to chambers with copy to opposing counsel. Motions referred to Kevin McDonald.(Gibbes, Frank)
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Filing 613
TEXT ORDER STAYING CASE. Signed by Honorable Henry F Floyd on June 4, 2010. (jbro)
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Filing 612
RULE 26(a)(3)PRETRIAL DISCLOSURES by Cox CustomMedia Inc. Objections to PreTrial Disclosures due by 6/21/2010.(Bakker, Mark)
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Filing 611
MOTION in Limine and Supporting Memorandum by Cox CustomMedia Inc. Response to Motion due by 6/21/2010 (Attachments: # 1 Exhibit A - Fort v. Leonard.pdf)No proposed orderMotions referred to Kevin McDonald.(Bakker, Mark)
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Filing 610
AFFIDAVIT of Records Custodian (Attachments: # 1 Affidavit Records Custodian Affidavit of Dan Jackson)(Gibbes, Frank)
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Filing 609
RULE 26(a)(3)PRETRIAL DISCLOSURES by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Objections to PreTrial Disclosures due by 6/21/2010. (Attachments: # 1 Exhibit A, Preliminary Exhibit List)(Major, Denny)
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Filing 608
MOTION in Limine by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 6/21/2010 (Attachments: # 1 Memo in Support, # 2 Exhibit 1, Portions of Deposition Transcript of Dr. Perry Woodside, # 3 Exhibit 2, Ltr from J.A. Cox to W.F. Marion dated Nov. 25, 2009)No proposed orderMotions referred to Kevin McDonald.(Major, Denny)
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Filing 606
Sealed Document (Exhibit G August 21, 2008 E-mail from Dan Jackson to John Collins/Adam Shirley (PCS002959-2962) in re document 602 . (Gibbes, Frank) Modified on 6/4/2010: to edit text (kmca).
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Filing 605
Sealed Document (Memorandum in Support - un-redacted) in re document 600 . (Attachments: # 1 Exhibit C - Master Lease Between CustomMedia and Zeta Partnership (Filed Under Seal), # 2 Exhibit E - Lease Modification Agreement (Filed Under Seal), # 3 Exhibit F - Sublease from CCM to Progressive Printing (Filed Under Seal), # 4 Exhibit G - Leased Employee Agreement (Filed Under Seal), # 5 Exhibit H - Transition Incentive Agreement (Filed Under Seal))(Gibbes, Frank) Modified on 6/4/2010: to edit text (kmca).
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Filing 604
TEXT CONSENT ORDER granting 601 Motion to Seal Document; granting 603 Motion to Seal Document. Signed by Magistrate Judge Kevin McDonald on 6/4/10.(ladd, )
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Filing 603
MOTION to Seal Document 602 MOTION in Limine. Response to Motion due by 6/21/2010 (Attachments: # 1 Exhibit A - Descriptive Index of Document at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to Kevin McDonald.(Gibbes, Frank)
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Filing 602
MOTION in Limine. Response to Motion due by 6/21/2010 (Attachments: # 1 Exhibit A - Affidavit of Derek Gordinier, # 2 Exhibit B - Memorandum of Law in Support of Plaintiff Uhligs Motion for Partial Summary Judgment, # 3 Exhibit C - Affidavit of Jennifer Clark (Doc. 558-18), # 4 Exhibit D - April 4, 2008 Letter from Julie Cox to Amanda Dorsey, # 5 Exhibit E - Cancellation Letter from The Sunshine House, # 6 Exhibit F - Deposition of John Adam Shirley - Volume II, # 7 Exhibit G August 21, 2008 E-mail from Dan Jackson to John Collins/Adam Shirley (PCS002959-2962) (Filed Under Seal), # 8 Exhibit H - Affidavit of Lance Lee, # 9 Exhibit I - Deposition of Lance Lee, # 10 Exhibit J - Deposition of John Adam Shirley - Volume I, # 11 Exhibit K - Noncompetition and Nonsolicitation Agreement between Cox CustomMedia and John Adam Shirley, # 12 Exhibit L - Uhligs Memorandum Opposing Motion for Summary Judgment of Defendants, # 13 Exhibit M - Deposition of Cynthia Judd, # 14 Exhibit N - Affidavit of Stacey Kraftchick, # 15 Exhibit O - Defendants Responses to Plaintiffs First Interrogatories Nos. 5, 6 & 12, # 16 Exhibit P - Deposition of Alan Douglas Austin, # 17 Exhibit Q Agreement to Mediate, # 18 Exhibit R Part 1 - Out-of-Region Decisions, Unpublished Decisions & Secondary Authorities, # 19 Exhibit R Part 2 - Out-of-Region Decisions, Unpublished Decisions & Secondary Authorities)No proposed order.Motions referred to Kevin McDonald.(Gibbes, Frank) Modified on 6/4/2010: see 606 Exhibit G (kmca).
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Filing 601
MOTION to Seal Document 600 MOTION in Limine to Preclude Defendants from Referencing or Introducing into Evidence the Smith Hines Road Materials. Response to Motion due by 6/21/2010 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to Kevin McDonald.(Gibbes, Frank)
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Filing 600
MOTION in Limine to Preclude Defendants from Referencing or Introducing into Evidence the Smith Hines Road Materials. Response to Motion due by 6/21/2010 (Attachments: # 1 Memo in Support, # 2 Exhibit A - Affidavit of Derek Gordinier, # 3 Exhibit B - October 2, 2009 Transcript of Motion Hearing, # 4 Exhibit C - Master Lease between CustomMedia and Zeta Partnership (Filed Under Seal), # 5 Exhibit D - Memorandum of Lease and Assignment and Assumption Agreement, # 6 Exhibit E - Lease Modification Agreement (Filed Under Seal), # 7 Exhibit F - Sublease from CCM to Progressive Printing (Filed Under Seal), # 8 Exhibit G - Leased Employee Agreement (Filed Under Seal), # 9 Exhibit H - Transition Incentive Agreement (Filed Under Seal), # 10 Exhibit I - April 2, 2009 Affidavit of Thomas O. Molin #1, # 11 Exhibit J - April 2, 2009 Affidavit of Mark D. Vanvick #1, # 12 Exhibit K - July 7, 2009 Affidavit of Mark D. Vanvick #2, # 13 Exhibit L - July 9, 2009 Affidavit of Thomas O. Molin #2, # 14 Exhibit M - Affidavit of Frank H. Gibbes, III, # 15 Exhibit N - Smith Hines Road Photograph, # 16 Exhibit O - Affidavit of Tammy V. Pendergrass, # 17 Exhibit P - Doc. 338, Uhligs Motion to Confirm Confidentiality Designations of Damages Documents, # 18 Exhibit Q - Doc. 368, Uhligs Reply to Defendants Response to Uhligs Motion to Confirm, # 19 Exhibit R - Affidavit of John Adam Shirley, # 20 Exhibit S - 30(B)(6) Deposition of Prism Content Solutions, LLC, John Adam Shirley, # 21 Exhibit T - Deposition of Amanda Marcengill, # 22 Exhibit U - Deposition of Jeremy Scott Richardson, # 23 Exhibit V Part 1 Out-of-Region Decisions, Unpublished Decisions and Secondary Authorities, # 24 Exhibit V Part 2 Out-of-Region Decisions, Unpublished Decisions and Secondary Authorities)No proposed order.Motions referred to Kevin McDonald.(Gibbes, Frank) Modified on 6/4/2010: see 605 for sealed exhibits (kmca).
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Filing 599
Sealed Document (Exhibit B: Expert Report of Dr Perry Woodside) in re document 596 Motion in Limine. (Gibbes, Frank) Modified on 6/4/2010: to edit text (kmca).
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Filing 598
TEXT CONSENT ORDER granting 597 Motion to Seal Document. Signed by Magistrate Judge Kevin McDonald on 6/2/10.(ladd, )
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Filing 597
MOTION to Seal Document 596 MOTION in Limine to Exclude Expert Testimony of Steve Abrams and Alan Austin. Response to Motion due by 6/21/2010 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to Kevin McDonald.(Gibbes, Frank)
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Filing 596
MOTION in Limine to Exclude Expert Testimony of Steve Abrams and Alan Austin. Response to Motion due by 6/21/2010 (Attachments: # 1 Memo in Support, # 2 Exhibit A - Affidavit of Derek Gordinier, # 3 Exhibit B - Expert Report of Dr. Perry Woodside (Filed Under Seal), # 4 Exhibit C - Expert Report of Mark Johnson, # 5 Exhibit D - Deposition of Alan Austin, # 6 Exhibit E - Expert Report of Alan Austin, # 7 Exhibit F - Report of Steve Abrams, # 8 Exhibit G - Out-of-Region Decisions)No proposed order.Motions referred to Kevin McDonald.(Gibbes, Frank) Modified on 6/4/2010: see 599 Sealed Exhibit B (kmca).
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Filing 595
AFFIDAVIT of Records Custodian (Attachments: # 1 Affidavit Records Custodian Affidavit of Kathy Anderson, # 2 Affidavit Records Custodian Affidavit of David Pence, # 3 Affidavit Records Custodian Affidavit of Kevin Hughes, # 4 Affidavit Records Custodian Affidavit of Carissa Bennett, # 5 Affidavit Records Custodian Affidavit of Jerry Cooper, # 6 Affidavit Records Custodian Affidavit of Keith Long, # 7 Affidavit Records Custodian Affidavit of Doug Fowler, # 8 Affidavit Records Custodian Affidavit of Jennifer Plante, # 9 Affidavit Records Custodian Affidavit of Lance Lee, # 10 Affidavit Records Custodian Affidavit of Amanda Dorsey-Marcengill, # 11 Affidavit Records Custodian Affidavit of Chris Jones, # 12 Affidavit Records Custodian Affidavit of Cynthia Stutsman, # 13 Affidavit Records Custodian Affidavit of Laurence Barry, # 14 Affidavit Records Custodian Affidavit of Mitchell Albert, # 15 Affidavit Records Custodian Affidavit of Chris Jones, # 16 Affidavit Records Custodian Affidavit of Cindy Judd, # 17 Affidavit Records Custodian Affidavit of Jennifer Clark, # 18 Affidavit Records Custodian Affidavit of Nathan Holman)(Gibbes, Frank)
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Filing 594
Case Reassigned to Judge Magistrate Judge Kevin McDonald. Judge Magistrate Judge William M Catoe no longer assigned to the case (retired). Motions referred to Kevin McDonald.(kmca)
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Filing 593
NINTH AMENDED CONSENT SCHEDULING ORDER: Records Custodian Affidavit due by 6/4/2010, Motion in Limine due by 6/4/2010, Opposing memoranda due by 6/18/2010, Reply memoranda due by 6/25/2010, Rule 26(a)(3) Disclosures due by 6/4/2010. Signed by Honorable Henry F Floyd on 5/27/2010. (alew, )
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Filing 592
ORDER granting in part and denying in part 582 Motion to Compel. Signed by Magistrate Judge William M Catoe on 5/26/10.(ladd, )
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Filing 590
MOTION to Compel Discovery by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 6/7/2010 (Attachments: # 1 Exhibit 1 - Correspondence from Marioin to Gibbes & Cox dated June 19, 2009, # 2 Exhibit 2 - Prism's 2nd Request for Production to Uhlig, # 3 Exhibit 3 - Defendant's First Request for Production, # 4 Exhibit 4 - Prism's First Set of Interrogatories to Uhlig, # 5 Exhibit 5 - Prism's First Request for Production to Uhlig, # 6 Exhibit 6 - Letter from Marion to Gibbes & Cox dated 9/30/09, # 7 Exhibit 7 - Letter from Major to Cox & Gibbes dated 1/13/2010, # 8 Exhibit 8 - Letter from Cox to Marion & Major dated 4/1/2010, # 9 Exhibit 9 - Portion of Deposition Transcript of Tess Aiello, # 10 Exhibit 10 - Portion of Deposition Transcript of Kelli Lawrence, # 11 Exhibit 11 - Portion of Deposition of Todd Taylor, # 12 Exhibit 12 - Portion of Deposition of Brian Cooper)No proposed orderMotions referred to William M Catoe.(Major, Denny)
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Filing 589
RESPONSE in Opposition re 582 Third MOTION to Compel Discovery Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley.Reply to Response to Motion due by 6/1/2010 (Attachments: # 1 Exhibit 1 - Supplemental Response to Interrogatory Number 12)(Major, Denny)
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Filing 586
Sealed Document in re document 582 . (Gibbes, Frank) Modified on 5/7/2010 (sjam, )Oversized hardcopy submitted in paper per chambers. Copy to chambers. Original placed in sealed cabinet.
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Filing 584
TEXT CONSENT ORDER granting 583 Motion to Seal Document. Signed by Magistrate Judge William M Catoe on 5/4/10.(ladd, )
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Filing 583
MOTION to Seal Document 582 Third MOTION to Compel Discovery. Response to Motion due by 5/21/2010 (Attachments: # 1 Exhibit A - Descriptive Index of Document at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 582
Third MOTION to Compel Discovery. Response to Motion due by 5/21/2010 (Attachments: # 1 Exhibit A - 12.31.09 Letter from Cox to Marion, # 2 Exhibit B - 01.11.10 Letter from Major to Cox, # 3 Exhibit C - 01.13.10 Letter from Major to Cox/Gibbes, # 4 Exhibit D - 03.26.10 Letter from Cox to Marion, # 5 Exhibit E - 04.07.10 Letter from Marion to Cox, # 6 Exhibit F - Prisms Responses to Plaintiffs First RFPD No. 57, # 7 Exhibit G - Prisms Responses to Plaintiffs Second RFPD No. 27, # 8 Exhibit H - Defendants Responses to Plaintiffs First RFPD to Prism Nos. 5, 6, 17 & 18, # 9 Exhibit I - Prisms Responses to Plaintiffs Third RFPD Nos. 1, 2 & 3, # 10 Exhibit J - Prisms Responses to Plaintiffs Third RFPD No. 9, # 11 Exhibit K - Prisms Responses to Plaintiffs Third RFPD No. 14, # 12 Exhibit L - Prisms Responses to Plaintiffs First Interrogatories Nos. 7 & 8, # 13 Exhibit M - Defendants Responses to Plaintiffs First Interrogatories Nos. 5, 6 & 12, # 14 Exhibit N - 08.06.09 Transcript of Motion Hearing, # 15 Exhibit O - Spreadsheet of Emails Originally Sought by Uhlig and Enlarged Copy (Filed Under Seal))No proposed orderMotions referred to William M Catoe.(Gibbes, Frank) (Attachment 14 replaced on 5/5/2010) (jtho, ). Modified on 5/5/2010 (jtho, ) to add corrected attachment (#14) as provided by filing user. Modified on 5/5/2010 (jtho, )see entry 586 for sealed attachment.
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Filing 581
Sealed Document (Supplemental Memorandum) in re document 560 . (Attachments: # 1 Exhibit 63 (Supp) - Transition Incentive Agreements (Filed Under Seal), # 2 Exhibit 89 - Emails between Shirley and White (Filed Under Seal))(Gibbes, Frank) Modified on 4/6/2010: to edit text (kmca).
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Filing 580
TEXT CONSENT ORDER granting 578 Motion for Leave to File Supplemental Memorandum; granting 579 Motion to Seal. Signed by Magistrate Judge William M Catoe on 4/2/10.(ladd, )
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Filing 579
MOTION to Seal. Response to Motion due by 4/19/2010 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 578
MOTION Leave to File Supplemental Memorandum Opposing Motion for Summary Judgment of Defendants Shirley, Prism, and Eventelope re 560 Response in Opposition to Motion,,,,,,,,,. Response to Motion due by 4/19/2010 (Attachments: # 1 Exhibit A - Affidavit of Frank H. Gibbes, III, # 2 Exhibit B - Uhlig's Memo Opposing Motion for Summary Judgment of Defendants Shirley, Prism and Eventelope, # 3 Exhibit C - Exhibit 63 (Supp.) - Filed Under Seal, # 4 Exhibit D - Exhibit 89 - Filed Under Seal)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 577
Sealed Document (Exhibit 2 Onsite Media Solution's Business Plan) in re document 570 . (Attachments: # 1 Exhibit 7 Gerry Wiatrowski Deposition Excerpts (Filed Under Seal), # 2 Exhibit 8 - SSH letter from Brown to Shirley (Filed Under Seal), # 3 Exhibit 13(a) Attachments to Affidavit of Alfred L. Johnson (Filed Under Seal), # 4 Exhibit 20 - Invoice from L1T to Prism Re: April Work (Filed Under Seal))(Gibbes, Frank) Modified on 3/10/2010: to edit text (kmca).
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Filing 576
Sealed Document in re document 572 . (Attachments: # 1 Memo in Support Unredacted Reply Memorandum in Support of Motion for Summary Judgment, # 2 Exhibit 3- Alleged "Deleted Files" by Shirley, # 3 Exhibit 4-Alleged "Deleted Files" by Dorsey, # 4 Exhibit 10- Portions of the Deposition Transcript of Mark Uhlig, # 5 Exhibit 11- Uhlig Valuation Notes)(Major, Denny)
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Filing 575
TEXT CONSENT ORDER granting 571 Motion to Seal; granting 573 Motion to Seal. Signed by Magistrate Judge William M Catoe on 3/9/10.(ladd, )
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Filing 574
REPLY to Response to Motion re 544 MOTION for Summary Judgment by Cox CustomMedia, Inc. Response filed by Cox CustomMedia Inc. (Bakker, Mark)
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Filing 573
MOTION to Seal Documents by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 3/25/2010 (Attachments: # 1 Exhibit A- Non-confidential index of documents at issue, # 2 Exhibit B- Certificate of compliance)No proposed orderMotions referred to William M Catoe.(Major, Denny)
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Filing 572
REPLY to Response to Motion re 545 MOTION for Summary Judgment Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. (Attachments: # 1 Exhibit 1- Portions of Deposition Transcript of Amanda Marcengill, # 2 Exhibit 2- Affidavit of Jennifer Amanda Dorsey, # 3 Exhibit 3- Alleged "Deleted Files" by Shirley, # 4 Exhibit 4- Alleged "Deleted Files" by Dorsey, # 5 Exhibit 5- 3/12/08 e-mail from A. Dorsey to C. Jones, # 6 Exhibit 6- Progressive Printing Invoice, # 7 Exhibit 7- Affidavit of Mark Lee dated March 1, 2010, # 8 Exhibit 8- Uhlig's Objections and Responses to Prism's First Interrogatories, # 9 Exhibit 9- Portions of the Deposition Transcript of Brian Cooper, # 10 Exhibit 10- Portions of the Deposition Transcript of Mark Uhlig, # 11 Exhibit 11- Uhlig Valuation Notes, # 12 Exhibit 12- Accounts Receivable, # 13 Exhibit 13- Registration Application for "Fall into Learning Note Card", # 14 Exhibit 14- Registration Application for "2008 Summer Camp Postcard", # 15 Exhibit 15- Portions of Deposition Transcript of Tess Aiello)(Major, Denny) Modified on 3/9/2010: see 576 Sealed exhibits (kmca).
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Filing 571
MOTION to Seal Document 570 Reply to Response to Motion,,,,,. Response to Motion due by 3/25/2010 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 570
REPLY to Response to Motion re 546 MOTION for Partial Summary Judgment. (Attachments: # 1 Exhibit 1 02.14.08 Email Re: onsitemediasolutions.com, # 2 Exhibit 2 - Onsite Media Solutions Business Plan (Filed Under Seal), # 3 Exhibit 3 - Prism Content Solutions Business Plan, # 4 Exhibit 4 02.14.08 Email Re: prismmediaco.com, # 5 Exhibit 5 - Shirley Deposition Excerpts Volume II, # 6 Exhibit 6 - Shirley Deposition Excerpts Volume I, # 7 Exhibit 7 Gerry Wiatrowski Deposition Excerpts (Filed Under Seal), # 8 Exhibit 8 - SSH letter from Brown to Shirley (Filed Under Seal), # 9 Exhibit 9 Not Used, # 10 Exhibit 10 Not Used, # 11 Exhibit 11 Not Used, # 12 Exhibit 12 05.06.08 Affidavit of Jean Clow, # 13 Exhibit 13 - Affidavit of Alfred L. Johnson, # 14 Exhibit 13(a) Attachments to Affidavit of Alfred L. Johnson (Filed Under Seal), # 15 Exhibit 14 Amanda Dorsey Marcengill Deposition Excerpts, # 16 Exhibit 15 Amanda Dorsey Resignation Letter, # 17 Exhibit 16 - E-mail from Baldree to Shirley Re: Update, # 18 Exhibit 17 08.17.09 Letter from Julie Cox to John Rogers, # 19 Exhibit 18 Jeremy Richardson Deposition Excerpts, # 20 Exhibit 19 - Whois Results, # 21 Exhibit 20 - Invoice from L1T to Prism Re: April Work (Filed Under Seal), # 22 Exhibit 21 Nathan Lee Deposition Excerpts, # 23 Exhibit 22 Unpublished Decisions, Out-of-Region Decisions, and Secondary Authorities)(Gibbes, Frank) Modified on 3/10/2010: see 577 Sealed Exhibits (kmca).
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Filing 569
Sealed Document in re document 558 . (Attachments: # 1 Memo in Support (unredacted version), # 2 Exhibit 9- Portions of the Transcript of the Deposition of Todd Baldree, # 3 Exhibit 11- Invoice/payment records for services from computer Programmers that replaced L1 Technology, # 4 Exhibit 13- Affidavit of Colin Alstead, # 5 Exhibit 15- Release and Settlement Agreement between Uhlig and the Baldree Entities, # 6 Exhibit 16- Noncompetition and Nonsolicitation Agreements between Uhlig and Bryan Fordham and Chris Jones, # 7 Exhibit 25- Portions of the Transcript of the Transcript of the Deposition of Cynthia Judd, # 8 Exhibit 32- E-mail exchange involving A. Dorsey, T. Reusch, A. Shirley, and Holiday Retirement, # 9 Exhibit 35- Agreement between The Sunshine House and Prism)(Major, Denny)
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Filing 568
Sealed Document in re document 560 . (Attachments: # 1 Exhibit 3 - Asset Purchase Agreement (Filed Under Seal), # 2 Exhibit 4 - Leased Employee Agreement (Filed Under Seal), # 3 Exhibit 7 - Todd Taylor Non-Compete Agreement No. 1 (Filed Under Seal), # 4 Exhibit 8 - Todd Taylor Non-Compete Agreement No. 2 (Filed Under Seal), # 5 Exhibit 13 01.03.08 E-mail from Taylor to Shirley re Congratulations (Filed Under Seal), # 6 Exhibit 15 - Prism Content Solutions Business Plan (Filed Under Seal), # 7 Exhibit 20 - SSH Presentation (Filed Under Seal), # 8 Exhibit 25 02.25.08 E-0mail from Shirley to Jones & Long Re: More Dressed Up (Filed Under Seal), # 9 Exhibit 26 12.08.06 One-Page Agreement between Fowler & CCM (Filed Under Seal), # 10 Exhibit 28 03.01.08 E-mail from Shirley to Jones re Web Address (Filed Under Seal), # 11 Exhibit 29 09.21.09 Affidavit of Bryan Fordham (Filed Under Seal), # 12 Exhibit 30 05.04.08 E-mail from Dorsey to Shirley, Jones & Richardson re up and running (Filed Under Seal), # 13 Exhibit 36 - Shirleys Resignation Letter (Filed Under Seal), # 14 Exhibit 37 03.09.08 E-mail from Shirley to Bernie Cavis re Its Official buy into (Filed Under Seal), # 15 Exhibit 38 03.10.08 E-mail from Dorsey to Barich re meeting re Elmcroft Acct (Filed Under Seal), # 16 Exhibit 39 - E-mails from Dorsey and Shirley to clients (Filed Under Seal), # 17 Exhibit 43 - Judge Catoes 05.27.08 2nd Report & Recommendation (Filed Under Seal), # 18 Exhibit 45(a) - Exhibits to Affidavit of Brian Cooper (Filed Under Seal), # 19 Exhibit 47(a) Sealed Portions of Uhlig 30(b)(6) Deposition Excerpts, # 20 Exhibit 63 - Progressive Printing Employees Nondisclosure and Nonsolicitation Agreements (Filed Under Seal), # 21 Exhibit 64(a) Sealed Portions of Cynthia Judd Deposition Excerpts (Filed Under Seal), # 22 Exhibit 66 - Todd Baldree Non-Compete Agreement (Filed Under Seal), # 23 Exhibit 68 - Gary Cox Severance Letter/Non-Compete Agreement (Filed Under Seal), # 24 Exhibit 69 - David Galloway Severance Letter/Non-Compete Agreement (Filed Under Seal), # 25 Exhibit 70 02.29.08 E-mail from Shirley to Jones & Long Re: Lunch (Filed Under Seal), # 26 Exhibit 71 - Perry Woodside Expert Report (Filed Under Seal), # 27 Exhibit 72 - Judge Catoes 05.13.08 Report and Recommendation (Filed Under Seal), # 28 Exhibit 76 02.20.08 Memo to Grant Burns from Shirley Re: Non-Compete (Filed Under Seal), # 29 Exhibit 78 Gerry Wiatrowski Deposition Excerpts (Filed Unde Seal), # 30 Exhibit 79 - Plaintiffs Third Supplemental Responses to Shirleys First Interrogatories (Filed Under Seal), # 31 Exhibit 81 Transcript of 05.07.08 TRO Hearing (Filed Under Seal), # 32 Exhibit 87 Email from Shirley to Richardson Re: Production Grid (Filed Under Seal))(Gibbes, Frank)
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Filing 566
TEXT CONSENT ORDER granting 559 Motion to Seal; granting 565 Motion to Seal. Signed by Magistrate Judge William M Catoe on 3/2/10.(ladd, )
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Filing 565
MOTION to Seal Document 560 Response in Opposition to Motion,,,,,,,,. Response to Motion due by 3/18/2010 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 564
Additional Attachments (Exhibit 88 Part 1 Unpublished Decisions, Out-of Region Decisions, and Secondary Authorities) to Main Document 560 Response in Opposition to Motion. (Attachments: # 1 Exhibit 88 Part 2 Unpublished Decisions, Out-of Region Decisions, and Secondary Authorities, # 2 Exhibit 88 Part 3 Unpublished Decisions, Out-of Region Decisions, and Secondary Authorities, # 3 Exhibit 88 Part 4 - Unpublished Decisions, Out-of Region Decisions, and Secondary Authorities, # 4 Exhibit 88 Part 5 - Unpublished Decisions, Out-of Region Decisions, and Secondary Authorities, # 5 Exhibit 88 Part 6 - Unpublished Decisions, Out-of Region Decisions, and Secondary Authorities, # 6 Exhibit 88 Part 7 - Unpublished Decisions, Out-of Region Decisions, and Secondary Authorities)(Gibbes, Frank) Modified on 3/2/2010: to edit text (kmca).
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Filing 563
Additional Attachments (Exhibit 57 Affidavit of Randall Oliver) to Main Document 560 Response in Opposition to Motion. (Attachments: # 1 Exhibit 58 - Affidavit of Coolidge Sheppard, # 2 Exhibit 59 - Affidavit of Kelli Lawrence, # 3 Exhibit 60 05.29.09 Affidavit of Cindy Judd, # 4 Exhibit 61 - Uhligs Responses to Shirleys First Interrogatories, # 5 Exhibit 62 - Starla Brown Deposition Excerpts, # 6 Exhibit 63 - Progressive Printing Employees Nondisclosure and Nonsolicitation Agreements (Filed Under Seal), # 7 Exhibit 64 - Cynthia Judd Deposition Excerpts, # 8 Exhibit 64(a) Sealed Portions of Cynthia Judd Deposition Excerpts (Filed Under Seal), # 9 Exhibit 65 - CCM Policy and Procedures Handbook, # 10 Exhibit 66 - Todd Baldree Non-Compete Agreement (Filed Under Seal), # 11 Exhibit 67 - Shane Taylor Non-Compete Agreement, # 12 Exhibit 68 - Gary Cox Severance Letter/Non-Compete Agreement (Filed Under Seal), # 13 Exhibit 69 - David Galloway Severance Letter/Non-Compete Agreement (Filed Under Seal), # 14 Exhibit 70 02.29.08 E-mail from Shirley to Jones & Long Re: Lunch (Filed Under Seal), # 15 Exhibit 71 - Perry Woodside Expert Report (Filed Under Seal), # 16 Exhibit 72 - Judge Catoes 05.13.08 Report and Recommendation (Filed Under Seal), # 17 Exhibit 73 - Not Used, # 18 Exhibit 74 Cynthia Judds Deposition Exhibit 1 - Map, # 19 Exhibit 75 05.06.08 Affidavit of Mark Uhlig, # 20 Exhibit 76 02.20.08 Memo to Grant Burns from Shirley Re: Non-Compete (Filed Under Seal), # 21 Exhibit 77 Eventelope 30(b)(6) Deposition Excerpts, # 22 Exhibit 78 Gerry Wiatrowski Deposition Excerpts (Filed Under Seal), # 23 Exhibit 79 - Plaintiffs Third Supplemental Responses to Shirleys First Interrogatories (Filed Under Seal), # 24 Exhibit 80 Prism 30(b)(6) Deposition Excerpt, # 25 Exhibit 81 Transcript of 05.07.08 TRO Hearing (Filed Under Seal), # 26 Exhibit 82 Jennifer Clark Deposition Excerpts, # 27 Exhibit 83 Nathan Holman Deposition Excerpts, # 28 Exhibit 84 Kelli Lawrence Deposition Excerpts, # 29 Exhibit 85 Gerry Wiatrowski Non-Compete Agreement, # 30 Exhibit 86 11.27.07 Email from Rob Bell to Shirley Re: Pricing, # 31 Exhibit 87 Email from Shirley to Richardson Re: Production Grid (Filed Under Seal))(Gibbes, Frank) Modified on 3/2/2010: to edit text (kmca).
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Filing 562
RESPONSE in Opposition re 545 MOTION for Summary Judgment Response filed by Cox CustomMedia Inc.Reply to Response to Motion due by 3/11/2010 (Bakker, Mark)
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Filing 561
Additional Attachments (Exhibit 33 08.21.09 Assignment of Chris Jones) to Main Document 560 Response in Opposition to Motion. (Attachments: # 1 Exhibit 34 08.21.09 Assignment of Baldree Assignors, # 2 Exhibit 35 - Certificate of Registration for the Source Code, # 3 Exhibit 36 - Shirleys Resignation Letter (Filed Under Seal), # 4 Exhibit 37 03.09.08 E-mail from Shirley to Bernie Cavis re Its Official buy into (Filed Under Seal), # 5 Exhibit 38 03.10.08 E-mail from Dorsey to Barich re meeting re Elmcroft Acct (Filed Under Seal), # 6 Exhibit 39 - E-mails from Dorsey and Shirley to clients (Filed Under Seal), # 7 Exhibit 40 - Exhibit B to the Operating Agreement of Eventelope, LLC, # 8 Exhibit 41 - South Carolina Secretary of State Information on Eventelope, LLC, # 9 Exhibit 42 - Affidavit of Gerry Wiatrowski, # 10 Exhibit 43 - Judge Catoes 05.27.08 2nd Report & Recommendation (Filed Under Seal), # 11 Exhibit 44 - Judge Floyds 08.05.08 Preliminary Injunction Order, # 12 Exhibit 45 - Affidavit of Brian Cooper, # 13 Exhibit 45(a) - Exhibits to Affidavit of Brian Cooper (Filed Under Seal), # 14 Exhibit 46 - Uhlig 30(b)(6) Deposition Notice with Exhibits, # 15 Exhibit 47 - Uhlig 30(b)(6) Deposition Excerpts, # 16 Exhibit 47(a) Sealed Portions of Uhlig 30(b)(6) Deposition Excerpts, # 17 Exhibit 48 - CCM 30(b)(6) Deposition Excerpts, # 18 Exhibit 49 06.16.09 Letter from Mark Bakker to Francis Marion Re: CCM, # 19 Exhibit 50 - Affidavit of David Galloway, # 20 Exhibit 51 10.01.08 Affidavit of Cynthia Judd, # 21 Exhibit 52 - Affidavit of Tina Reusch, # 22 Exhibit 53 - Affidavit of Susan Tribble, # 23 Exhibit 54 - Affidavit of Jean Clow, # 24 Exhibit 55 - Affidavit of Sarah Cordell, # 25 Exhibit 56 - Affidavit of Angela Diamantis)(Gibbes, Frank) Modified on 3/2/2010: to edit text (kmca).
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Filing 560
RESPONSE in Opposition re 545 MOTION for Summary Judgment.Reply to Response to Motion due by 3/11/2010 (Attachments: # 1 Exhibit 1 - Shirleys Non-Compete Agreement, # 2 Exhibit 2 Shirleys Deposition Excerpts Volume I, # 3 Exhibit 3 - Asset Purchase Agreement (Filed Under Seal), # 4 Exhibit 4 - Leased Employee Agreement (Filed Under Seal), # 5 Exhibit 5 04.04.08 Affidavit of Mark Uhlig, # 6 Exhibit 6 10.05.09 Affidavit of Mark Lee, # 7 Exhibit 7 - Todd Taylor Non-Compete Agreement No. 1 (Filed Under Seal), # 8 Exhibit 8 - Todd Taylor Non-Compete Agreement No. 2 (Filed Under Seal), # 9 Exhibit 9 - Ed Romano Deposition Excerpts, # 10 Exhibit 10 - Brandi Boudoin Deposition Excerpts, # 11 Exhibit 11 - Mitch Harrison Deposition Excerpts, # 12 Exhibit 12 - Shirley Deposition Excerpts Volume II, # 13 Exhibit 13 01.03.08 E-mail from Taylor to Shirley re Congratulations (Filed Under Seal), # 14 Exhibit 14 - Shane Taylor Deposition Excerpts, # 15 Exhibit 15 - Prism Content Solutions Business Plan (Filed Under Seal), # 16 Exhibit 16 - Expert Report of Mark Johnson, # 17 Exhibit 17 - Affidavit of Mark Johnson, # 18 Exhibit 18 Amanda Dorsey Marcengill Deposition Excerpts, # 19 Exhibit 19 Jeremy Richardson Deposition Excerpts, # 20 Exhibit 20 - SSH Presentation (Filed Under Seal), # 21 Exhibit 21 - Certificate of Registrations for 2 SSH Publications in SSH Presentation, # 22 Exhibit 22 - Doug Fowler Deposition Excerpts, # 23 Exhibit 23 - Affidavit of Todd Baldree, # 24 Exhibit 24 - Chris Jones Deposition Excerpts, # 25 Exhibit 25 02.25.08 E-mail from Shirley to Jones & Long Re: More Dressed Up (Filed Under Seal), # 26 Exhibit 26 12.08.06 One-Page Agreement between Fowler & CCM (Filed Under Seal), # 27 Exhibit 27 09.02.09 Whois Results.com for Prismcontentsolutions.com, # 28 Exhibit 28 03.01.08 E-mail from Shirley to Jones re Web Address (Filed Under Seal), # 29 Exhibit 29 09.21.09 Affidavit of Bryan Fordham (Filed Under Seal), # 30 Exhibit 30 05.04.08 E-mail from Dorsey to Shirley, Jones & Richardson re up and running (Filed Under Seal), # 31 Exhibit 31 08.18.09 Assignment of Bryan Fordham, # 32 Exhibit 32 09.28.09 Assignment of Doy Cave)(Gibbes, Frank) Modified on 3/2/2010: see 561 , 563 and 564 Additional Exhibits (kmca). Modified on 3/3/2010: see 568 Sealed Exhibits (kmca). Modified on 4/6/2010: see 581 Sealed Supplemental Memorandum and Exhibits(kmca).
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Filing 559
MOTION to Seal Documents in Conjunction with Opposition to Plaintiffs' Motions for Partial Summary Judgment by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 3/18/2010 (Attachments: # 1 Exhibit A- Nonconfidential Index of Documents at Issue, # 2 Exhibit B- Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Major, Denny)
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Filing 558
RESPONSE in Opposition re 546 MOTION for Partial Summary Judgment of Plaintiffs, 547 MOTION for Partial Summary Judgment - Part 2 of 3, 548 MOTION for Partial Summary Judgment - Part 3 of 3. Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley.Reply to Response to Motion due by 3/11/2010 (Attachments: # 1 Exhibit 1-Portions of the Transcript of Deposition of Adam Shirley dated 4/17/09, # 2 Exhibit 2- Portions of Subpoenas issued by Uhlig with copyright infringement requests, # 3 Exhibit 3- Letters from Uhlig to Prism Printers re: Potential Copyright Infringement, # 4 Exhibit 4- Portions of the Transcript of Deposition of Lance Lee, # 5 Exhibit 5- Lance Lee Affidavit, # 6 Exhibit 6- SourceLink E-mails, # 7 Exhibit 7- The Sunshine House Cancellation Letter, # 8 Exhibit 8- TPM Cancellation Letter, # 9 Exhibit 9- Portions of the Transcript of Deposition of Todd Baldree, # 10 Exhibit 10- Affidavit of Adam Shirley dated 9/1/08, # 11 Exhibit 11- Invoices from Prism Computer Programmers, # 12 Exhibit 12- Portions of the Transcript of Deposition of Chris Jones, # 13 Exhibit 13- Affidavit of Colin Alstead, # 14 Exhibit 14- Independent Contractor Agreement between Prism and Ryan Wood, # 15 Exhibit 15- Release and Settlement Agreement between Uhlig and the Baldree Entities, # 16 Exhibit 16- Non-competition Agreements between Uhlig and Chris Jones and Bryan Fordham, # 17 Exhibit 17- Uhlig Patent Application, # 18 Exhibit 18- Affidavit of Jennifer Clark, # 19 Exhibit 19- April 4, 2008 Letter from J. Cox to A. Dorsey, # 20 Exhibit 20- Portions of the Transcript of Deposition of Todd Taylor, # 21 Exhibit 21- Portions of the Transcript of Deposition of Brian Cooper, # 22 Exhibit 22- CCM Website Image, # 23 Exhibit 23- Portions of the Asset-Purchase Agreement between CCM and Uhlig, # 24 Exhibit 24- Portions of the Transcript of Deposition of Kelli Lawrence, # 25 Exhibit 25- Portions of the Transcript of Deposition of Cynthia Judd, # 26 Exhibit 26- Fourth Affidavit of Steven M. Abrams, # 27 Exhibit 27- Affidavit of Adam Shirley dated 4/29/08, # 28 Exhibit 28- Escrow Agreement, # 29 Exhibit 29- Affidavit of Steven Abrams dated 10/10/08, # 30 Exhibit 30- Portions of the Transcript of the Deposition of Amanda Dorsey Marcengill, # 31 Exhibit 31- Affidavit of Amanda Dorsey dated 5/22/08, # 32 Exhibit 32- E-mail Exchange involving A. Dorsey, T. Reusch, A. Shirley, and Holiday Retirement, # 33 Exhibit 33- Mark Uhlig Affidavit dated 5/6/08, # 34 Exhibit 34- Portion of Plaintiff's Objections and Responses to Defendant's First Request for Production, # 35 Exhibit 35- Agreement between The Sunshine House and Prism, # 36 Exhibit 36- Affidavit of Mark Lee dated 3/1/10)(Major, Denny) Modified on 3/2/2010: to edit text (kmca). Modified on 3/3/2010: see 569 Sealed Exhibits (kmca).
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Filing 555
Sealed Document in re document 545 . (Attachments: # 1 Exhibit 3-A- Exhibit 393 to Deposition Transcript of Todd Taylor, # 2 Exhibit 3-B- Exhibit 394 to Deposition Transcript of Todd Taylor, # 3 Exhibit 6- Sealed Portions of Deposition Transcript of Adam Shirley dated April 17, 2009, # 4 Exhibit 6-A- CCM Offer Letter to Adam Shirley, # 5 Exhibit 7- Portions of Deposition Transcript of Mark A. Uhlig, # 6 Exhibit 8- March 3, 2008 Memo from Brian Cooper to CCM employees, # 7 Exhibit 12- E-mail exchange between M. Uhlig, C. Kiselich, and T. Aiello, # 8 Exhibit 13, Portions of Expert Report of B. Perry Woodside, III, # 9 Exhibit 14, Examples of comments from customers of Prism Content Solutions, # 10 Exhibit 16, Part 1- Portions of Deposition Transcript of Cynthia Judd, # 11 Exhibit 16, Part 2- Portions of Deposition Transcript of Cynthia Judd, # 12 Exhibit 16, Part 3- Portions of Deposition Transcript of Cynthia Judd, # 13 Exhibit 16, Part 4- Portions of Deposition Transcript of Cynthia Judd, # 14 Exhibit 18- Plaintiff's Third Supplemental Responses to Shirley's First Interrogatories No. 2, # 15 Exhibit 23- Portions of "July/August Progressive Analysis", # 16 Exhibit 24-A- Portions of Spreadsheet Entitled "4_24_07 cust pricing.xls", # 17 Exhibit 28- Assignment Agreement between CCM and Uhlig dated May 9, 2008, # 18 Exhibit 34- UPS Daily Shipment Detail Reports, # 19 Exhibit 36- Examples of customers sending specifications information to Prism Content Solutions, # 20 Exhibit 38- Samples of Brochures containing CCM Pricing, # 21 Exhibit 39- Examples of Flyers containing CCM Pricing, # 22 Exhibit 40- Examples of CCM Letters to Prospective Customers containing Pricing Information, # 23 Exhibit 42- E-mail from Tess Aiello to Amanda Dorsey dated March 17, 2008 and attached spreadsheet, # 24 Exhibit 43- Portions of Uhlig Proposal to Holiday Retirement)(Major, Denny)
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Filing 554
Sealed Document in re document 547 , 546 , 548 . (Attachments: # 1 Exhibit 7 - Asset Purchase Agreement (Filed Under Seal), # 2 Exhibit 9 - Judge Catoes 5-27-08 2nd Report & Recommendation (Filed Under Seal), # 3 Exhibit 15(a) - Prism 30(b)(6) Deposition Excerpts (Filed Under Seal), # 4 Exhibit 17 - E-mails from Dorsey and Shirley to clients (Filed Under Seal), # 5 Exhibit 18 - Shirleys Resignation Letter (Filed Under Seal), # 6 Exhibit 19 - Woodside Expert Report (Filed Under Seal), # 7 Exhibit 41 Letter from Lorelie Brown (SSH) to Shirley (PCS002963) (Filed Under Seal), # 8 Exhibit 42 8-21-08 Email from Dan Jackson (Sourcelink) to John Collins/Adam Shirley (PCS002959-2962) (Filed Under Seal), # 9 Exhibit 45 - 1 page Agreement between CCM and WSI (Filed Under Seal), # 10 Exhibit 46 - 2-25-08 E-mail from Shirley to Jones/Buddy Long re lunch (Filed Under Seal), # 11 Exhibit 48(a) Chris Jones Deposition Excerpts (Filed Under Seal), # 12 Exhibit 50 - 3-1-08 E-mail from Shirley to Jones re Web Address (LL 001575) (Filed Under Seal), # 13 Exhibit 51 - L1 Technology, LLC Invoices to Prism Content Solutions (LL 00683-689) (Filed Under Seal), # 14 Exhibit 52 Affidavit of Bryan Fordham (Filed Under Seal), # 15 Exhibit 59 5-4-08 E-mail from Dorsey to Shirley, Jones and Richardson re Prismcontent.com (Filed Under Seal))(Gibbes, Frank)
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Filing 553
TEXT ORDER granting 543 Motion to Appear Pro Hac Vice as to Larry Fields. Signed by Magistrate Judge William M Catoe on 2/16/10.(ladd, )
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Filing 552
TEXT CONSENT ORDER granting 549 Motion to Seal Document; granting 550 Motion to Seal Document. Signed by Magistrate Judge William M Catoe on 2/16/10.(ladd, )
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Filing 550
MOTION to Seal Document 545 MOTION for Summary Judgment by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 3/5/2010 (Attachments: # 1 Exhibit A, Non-confidential Index of Documents at Issue, # 2 Exhibit B, Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Major, Denny)
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Filing 549
MOTION to Seal Document 546 MOTION for Partial Summary Judgment. Response to Motion due by 3/4/2010 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 548
MOTION for Partial Summary Judgment - Part 3 of 3. Response to Motion due by 3/4/2010 (Attachments: # 1 Exhibit 37 - Shirleys Response to Plaintiffs Third Request for Production of Documents, # 2 Exhibit 38 - Acknowledgement of Escrow Agreement and Escrowed Items, # 3 Exhibit 39 - 6-3-08 E-mail from F.Marion to Uhligs Counsel re 6-2-08 Troxell Acknowledgement Agreement, # 4 Exhibit 40 - 1 Page Agreement between Shirley and Distributech (DIS00054), # 5 Exhibit 41 Letter from Lorelie Brown (SSH) to Shirley (PCS002963) (Filed Under Seal), # 6 Exhibit 42 8-21-08 Email from Dan Jackson (Sourcelink) to John Collins/Adam Shirley (PCS002959-2962) (Filed Under Seal), # 7 Exhibit 43 6-8-08 Letter from Todd Baldree to Adam Shirley, # 8 Exhibit 44 - Doug Fowler Deposition Excerpts, # 9 Exhibit 45 - 1 page Agreement between CCM and WSI (Filed Under Seal), # 10 Exhibit 46 - 2-25-08 E-mail from Shirley to Jones/Buddy Long re lunch (Filed Under Seal), # 11 Exhibit 47 Affidavit of Todd Baldree, # 12 Exhibit 48 Chris Jones Deposition Excerpts, # 13 Exhibit 48(a) Chris Jones Deposition Excerpts (Filed Under Seal), # 14 Exhibit 49 - Whois Results.com for Prismcontentsolutions.com, # 15 Exhibit 50 - 3-1-08 E-mail from Shirley to Jones re Web Address (LL 001575) (Filed Under Seal), # 16 Exhibit 51 - L1 Technology, LLC Invoices to Prism Content Solutions (LL 00683-689) (Filed Under Seal), # 17 Exhibit 52 Affidavit of Bryan Fordham (Filed Under Seal), # 18 Exhibit 53 Affidavit of Doy Cave, # 19 Exhibit 54 Assignment of Chris Jones, # 20 Exhibit 55 Assignment of Bryan Fordham, # 21 Exhibit 56 Assignment of Doy Cave, # 22 Exhibit 57 Assignment of Baldree Assignors, # 23 Exhibit 58 - Certificate of Registration for the Source Code, # 24 Exhibit 59 5-4-08 E-mail from Dorsey to Shirley, Jones and Richardson re Prismcontent.com (Filed Under Seal), # 25 Exhibit 60 Part 1 Unpublished Decisions, Out of Region Decisions, and Secondary Authorities, # 26 Exhibit 60 Part 2 - Unpublished Decisions, Out of Region Decisions, and Secondary Authorities, # 27 Exhibit 60 Part 3 - Unpublished Decisions, Out of Region Decisions, and Secondary Authorities)No proposed order(Gibbes, Frank)
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Filing 547
MOTION for Partial Summary Judgment - Part 2 of 3. Response to Motion due by 3/4/2010 (Attachments: # 1 Exhibit 6 10-05-09 Mark Lee Affidavit, # 2 Exhibit 7 - Asset Purchase Agreement (Filed Under Seal), # 3 Exhibit 8 - Assignment & Assumption Agreement Ex. 4.3 to Asset Purchase Agreement, # 4 Exhibit 9 - Judge Catoes 5-27-08 2nd Report & Recommendation (Filed Under Seal), # 5 Exhibit 10 - Judge Floyds 8-5-08 Preliminary Injunction Order, # 6 Exhibit 11 - Eventelope 30(b)(6) Deposition Excerpts, # 7 Exhibit 12 - Todd Taylor Deposition Excerpts, # 8 Exhibit 13 6-2-09 Gerry Wiatrowski Affidavit, # 9 Exhibit 14 - Mark Johnson Expert Report, # 10 Exhibit 15 - Prism 30(b)(6) Deposition Excerpts, # 11 Exhibit 15(a) - Prism 30(b)(6) Deposition Excerpts (Filed Under Seal), # 12 Exhibit 16 - Shirley Volume II Deposition Excerpts, # 13 Exhibit 17 - E-mails from Dorsey and Shirley to clients (Filed Under Seal), # 14 Exhibit 18 - Shirleys Resignation Letter (Filed Under Seal), # 15 Exhibit 19 - Woodside Expert Report (Filed Under Seal), # 16 Exhibit 20 - Lance Lee Deposition Excerpts, # 17 Exhibit 21 Letters from Julie Cox to Lance Lee, # 18 Exhibit 22 12-23-08 Mark Uhlig Affidavit, # 19 Exhibit 23 - Defendants Response to Uhligs First Set of Interr to Prism, Shirley, Eventelope, # 20 Exhibit 24 - Defendants Memo in Opposition to Plaintiffs Amended Motion for TRO, # 21 Exhibit 25 - Joint Interest Agreement, # 22 Exhibit 26 - Subpoenas issues by Uhlig (Consolidated 1st Page Only), # 23 Exhibit 27 - Letters from Gibbes/Marion to A.Seaver (11-6-08 and 12-9-08), # 24 Exhibit 28 - Jennifer Clark Deposition Excerpts, # 25 Exhibit 29 - Nathan Holman Deposition Excerpts, # 26 Exhibit 30 - Amanda Dorsey Deposition Excerpts, # 27 Exhibit 31 - Jeremy Richardson Deposition Excerpts, # 28 Exhibit 32 - Nathan Holman Settlement Agreement, # 29 Exhibit 33 - Jennifer Clark Settlement Agreement, # 30 Exhibit 34 - Amanda Dorsey Settlement Agreement, # 31 Exhibit 35 - Jeremy Richardson Settlement Agreement, # 32 Exhibit 36 - May 23, 2008 Transcript of TRO Hearing)No proposed order(Gibbes, Frank)
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Filing 546
MOTION for Partial Summary Judgment. Response to Motion due by 3/4/2010 (Attachments: # 1 Memo in Support of Uhlig's Motion for Partial Summary Judgment, # 2 Exhibit 1 - Consent Permanent Injunctions of Nathan Holman, Jennifer Clark, Amanda Dorsey, Jeremy Richardson and Baldree Defendants, # 3 Exhibit 2- Chart of Counterclaims, # 4 Exhibit 3 Nondisclosure and Non solicitation Agreement of Shirley, # 5 Exhibit 4 - Shirley Volume I Deposition Excerpts, # 6 Exhibit 5- 4-4-08 Mark Uhlig Affidavit)No proposed order(Gibbes, Frank) Modified on 2/17/2010: see 547 Part 2 of 3, 548 Part 3 of 3, 554 Sealed Documents (kmca).
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Filing 545
MOTION for Summary Judgment by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 3/4/2010 (Attachments: # 1 Memo in Support, # 2 Exhibit 1- portions of deposition transcript of Kelli Lawrence, # 3 Exhibit 2- portions of deposition transcript of Brian Cooper, # 4 Exhibit 3- portions of deposition transcript of Todd Taylor, # 5 Exhibit 4- portions of deposition transcript of Jenny Clark, # 6 Exhibit 5- portions of deposition transcript of Amanda Dorsey Marcengill, # 7 Exhibit 6- portions of deposition transcript of Adam Shirley, # 8 Exhibit 7- portions of deposition transcript of Mark Uhlig, # 9 Exhibit 8- Asset Purchase Agreement between CCM and Uhlig, # 10 Exhibit 9- March 3, 2008 memo from Brian Cooper to CCM employees, # 11 Exhibit 10- Shirley Affidavit dated April 29, 2008, # 12 Exhibit 11- Declaration of John Adam Shirley, # 13 Exhibit 12- e-mail exchange between M. Uhlig, C. Kiselich, and T. Aiello, # 14 Exhibit 13- Expert Report of B. Perry Woodside, III, # 15 Exhibit 14- examples of comments received from customers of Prism Content Solutions, # 16 Exhibit 15- Noncompetition and Nonsolicitation Agreement between Adam Shirley and CCM, # 17 Exhibit 16- portions of Deposition Transcript of Cynthia Judd, # 18 Exhibit 17- affidavit of Jean Clow dated May 6, 2008, # 19 Exhibit 18- Plaintiff's Third Supplemental Response to Shirley's First Interrogatories No. 2, # 20 Exhibit 19- portions of Deposition Transcript of Nathan Holman, # 21 Exhibit 20- Outsourcing Agreement between CCM and Progressive Printing, # 22 Exhibit 21- Affidavit of Kelli Lawrence dated October 29, 2008, # 23 Exhibit 22- CCM Supplemental Response to Prism's First Set of Interrogatorries and bates stamped document referred to therein, # 24 Exhibit 23- portions of "July/August Progressive Analysis", # 25 Exhibit 24- Fourth Affidavit of Steven M. Abrams, # 26 Exhibit 25- Affidavit of Thomas O. Molin dated April 2, 2009, # 27 Exhibit 26- Affidavit of Mark Vanvick dated April 2, 2009, # 28 Exhibit 27- Affidavit of Kelly Schoen, # 29 Exhibit 28- Assignment Agreement between CCM and Uhlig dated May 9, 2008, # 30 Exhibit 29- Screenshots of Borders website, # 31 Exhibit 30- portion of Deposition Transcript of Holiday Retirement Corp.'s corporate designee, # 32 Exhibit 31- Screenshots of former CCM website, # 33 Exhibit 32- examples of industry publications, # 34 Exhibit 33- examples of Progressive Printing invoices, # 35 Exhibit 34- examples of UPS Daily Shipment Detail Reports, # 36 Exhibit 35- examples of production notes found at Smith Hines Road facility, # 37 Exhibit 36- examples of customers sending specifications to Prism, # 38 Exhibit 37- e-mail from L. Brown to A. Dorsey with attached e-mail from Y. Sudduth to J. A. Dorsey and portion of "Region 7 Fall Marketing Orders.xls" attached thereto, # 39 Exhibit 38- examples of CCM brochures containing pricing information, # 40 Exhibit 39- examples of CCM flyers containing pricing information, # 41 Exhibit 40- examples of CCM letters to prospective customers containing pricing information, # 42 Exhibit 41- examples of CCM Order Forms sent to Customers, # 43 Exhibit 42- e-mail from Tess Aiello to Amanda Dorsey dated March 17, 2008 with attached spreadsheet, # 44 Exhibit 43- Portion of Uhlig proposal to Holiday Retirement, # 45 Exhibit 44- Uhlig, LLC Patent Application, # 46 Exhibit 45- e-mail from R. Wilhelm to M.E. Albert dated February 20, 2008, # 47 Exhibit 46- Affidavit of Shannon Page Priest, # 48 Exhibit 47- Affidavit of Guy Johnson, # 49 Exhibit 48- Affidavit of Stacy Kraftchick, # 50 Exhibit 49- Portion of Deposition Transcript of Tess Aiello)No proposed order(Major, Denny) Modified on 2/17/2010: see 555 Sealed Documents (kmca).
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Filing 544
MOTION for Summary Judgment by Cox CustomMedia Inc. Response to Motion due by 3/4/2010 (Attachments: # 1 Memo in Support Memorandum in Support of Its Motion for Summary Judgment on Standing and on Shirley's Counter-Claims, # 2 Exhibit A - Affidavit of D. Jordan Whichard, III, # 3 Exhibit B - Affidavit of Mark Uhlig, # 4 Exhibit C - Noncompetition & Nonsolicitation Agreement, # 5 Exhibit D - Copies of Unpublished & Out-of-Region Court Decisions, # 6 Exhibit E - Excerpts from the Deposition Transcript of John Adam Shirley Taken October 22, 2009)No proposed order(Bakker, Mark)
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Filing 543
MOTION to Appear Pro Hac Vice by Larry D. Fields ( Filing fee $ 250 receipt number 0420-2546130). Response to Motion due by 3/1/2010 (Attachments: # 1 Application/Affidavit for Pro Hac Vice Admission - Larry Fields, # 2 Certificate of Good Standing - Larry Fields)No proposed order(Gibbes, Frank) (Attachment 2 replaced on 2/19/2010) (alew, ). Modified on 2/19/2010 to replace corrected document provided by filing user(alew, ).
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Filing 542
ORDER finding as moot 520 Motion for oral argument. Signed by Honorable Henry F Floyd on January 25, 2010.(jbro)
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Filing 541
TEXT CONSENT ORDER amending 536 Order on Motion to Take Deposition of Gerald Wiatrowski to extend deposition deadline to 3/12/10. Signed by Magistrate Judge William M Catoe on 1/21/10. (ladd, )
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Filing 540
Letter from W. Francis Marion, Jr. regarding extension of deposition deadline set in 536 Order. (ladd, )
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Filing 538
EIGHTH AMENDED CONSENT SCHEDULING ORDER: See actual order for additional deadlines. Records Custodian Affidavit due by 5/28/2010, Motion in Limine due by 5/28/2010, Pretrial Briefs due by 6/28/2010, Jury Selection Deadline 7/7/2010,. Signed by Honorable Henry F Floyd on 1/19/2010. (alew, )
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Filing 536
ORDER granting 503 Motion to Take Deposition from Gerald Wiatrowski. Signed by Magistrate Judge William M Catoe on 1/15/10.(ladd, )
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Filing 537
Minute Entry. Proceedings held before Honorable Henry F Floyd: Pretrial Conference held on 1/14/2010. (fbos, )
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Filing 535
NOTICE of Cancellation of Hearing: Telephone Conference 1/19/10 9:00 AM before Judge William Catoe is cancelled. (ladd, )
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Filing 534
ORDER finding that the search terms proposed by defendants regarding Amanda Dorsey's computer are appropriate and that defendants are to bear the cost of the search. The conference set for 1/19/10 is cancelled. Signed by Magistrate Judge William M Catoe on 1/14/10. (ladd, )
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Filing 533
ORDER denying 394 Motion for Sanctions; denying 512 Motion for Sanctions. Signed by Magistrate Judge William M Catoe on 1/14/10.(ladd, )
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Filing 532
AMENDED NOTICE of Hearing: The Pretrial Conference in this matter, which is being held at the request of Counsel for the parties, is rescheduled for Thursday, 1/14/2010 at 10:00 AM (previously scheduled for Tuesday, 1/19/2010 at 11:00 am) in Spartanburg 2nd Floor, Donald S Russell Fed Bldg, 201 Magnolia St, Spartanburg before Honorable Henry F Floyd. Please note: Hearing will be in chambers and will not be on the record.(alew, )
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Filing 531
NOTICE of Hearing: In Chambers Pretrial Conference rescheduled for Thursday, 1/21/2010 10:00 AM (previously scheduled for Tuesday, 1/19/2010 at 11:00 AM) in Spartanburg 2nd Floor, Donald S Russell Fed Bldg, 201 Magnolia St, Spartanburg before Honorable Henry F Floyd. Please note: Hearing will not be on the record.(alew, )
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Filing 530
NOTICE of Cancellation of Hearing: Tuesday, January 19, 2010 at 11:00 am. Hearing to be rescheduled. (alew, )
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Filing 529
NOTICE of Hearing: Telephone Conference regarding scope of computer search set for 1/19/2010 09:00 AM in Greenville #4, Clement F Haynsworth Fed Bldg, 300 E Washington St., Greenville before Magistrate Judge William M Catoe. (ladd, )
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Filing 528
NOTICE of Hearing: In Chambers Pretrial Conference set for Tuesday, 1/19/2010 11:00 AM in Spartanburg 2nd Floor, Donald S Russell Fed Bldg, 201 Magnolia St, Spartanburg before Honorable Henry F Floyd. Please note: Hearing will not be on the record.(alew, )
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Filing 527
Sealed Document in re document 524 . (Attachments: # 1 Exhibit A - Transition Incentive Agreement to Cindy Judd - Filed Under Seal, # 2 Exhibit B - Transition Incentive Agreement of Progressive Printing - Filed Under Seal, # 3 Exhibit C - Uhlig's Third Supplemental Response to Shirley's Interrogatory No. 2 - Filed Under Seal, # 4 Exhibit L - Uhlig Shipping Documents - Filed Under Seal, # 5 Exhibit M - David Galloway Severance Letter - Filed Under Seal, # 6 Exhibit N - David Galloway Transition Incentive Agreement - Filed Under Seal, # 7 Exhibit O - Gary Cox Severance Letter - Filed Under Seal, # 8 Exhibit P - (Part 1) - Nondisclosure and Nonsolicitation Agreements of Progressive Printing Employees - Filed Under Seal, # 9 Exhibit P (Part 2) - Nondisclosure and Nonsolicitation Agreements of Progressive Printing Employees - Filed Under Seal, # 10 Exhibit Q - Transition Incentive Agreement of Gary Cox - Filed Under Seal, # 11 Exhibit R - Transition Incentive Agreement of Randy Oliver - Filed Under Seal, # 12 Exhibit S(1) - Portions of Cindy Judd's Deposition - Filed Under Seal, # 13 Exhibit W - CCM's Detailed Financial Information for 2007 - Filed Under Seal, # 14 Exhibit X (Part 1) - CCM's Detailed Financial Information for January 2008 - Filed Under Seal, # 15 Exhibit X (Part 2) - CCM's Detailed Financial Information for January 2008 - Filed Under Seal, # 16 Exhibit X (Part 3) - CCM's Detailed Financial Information for January 2008 - Filed Under Seal)(Gibbes, Frank)
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Filing 526
TEXT CONSENT ORDER granting 525 Motion to Seal Documents. Signed by Magistrate Judge William M Catoe on 1/11/10.(ladd, )
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Filing 525
MOTION to Seal Document 524 Response in Opposition to Motion,,,,,,,,,,. Response to Motion due by 1/25/2010 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 524
RESPONSE in Opposition re 512 MOTION for Sanctions for Spoliation of Evidence.Reply to Response to Motion due by 1/19/2010 (Attachments: # 1 Exhibit A - Transition Incentive Agreement of Cindy Judd (Filed Under Seal), # 2 Exhibit B - Transition Incentive Agreement of Progessive Printing (Filed Under Seal), # 3 Exhibit C - Uhlig's Third Supplemental Response to Shirley's Interrogatory No. 2 (Filed Under Seal), # 4 Exhibit D - Affidavit of Thomas O. Molin dated July 9, 2009, # 5 Exhibit E - Affidavit of Thomas O. Molin dated April 2, 2009, # 6 Exhibit F - Affidavit of Kelly Schoen dated June 1, 2009, # 7 Exhibit G - Affidavit of Kristina Hayes dated August 24, 2009, # 8 Exhibit H - Affidavit of Tim McCarthy dated August 24, 2009, # 9 Exhibit I - Affidavit of Kelly Schoen dated August 24, 2009, # 10 Exhibit J - Affidavit of Kelly Schoen dated January 8, 2010, # 11 Exhibit K - Affidavit of Kristina Hayes dated January 8, 2010, # 12 Exhibit L - Uhlig Shipping Documents (Filed Under Seal), # 13 Exhibit M - David Galloway Severance Letter (Filed Under Seal), # 14 Exhibit N - David Galloway Transition Incentive Agreement (Filed Under Seal), # 15 Exhibit O - Gary Cox Severance Letter (Filed Under Seal), # 16 Exhibit P (Part 1) - Nondisclosure and Nonsolicitation Agreements of Progessive Printing Employees (Filed Under Seal), # 17 Exhibit P (Part 2) - Nondisclosure and Nonsolicitation Agreements of Progressive Printing Employees (Filed Under Seal), # 18 Exhibit Q - Transition Incentive Agreement of Gary Cox (Filed Under Seal), # 19 Exhibit R - Transition Incentive Agreement of Randy Oliver (Filed Under Seal), # 20 Exhibit S - Portions of Cindy Judd's Deposition, # 21 Exhibit S(1) - Portions of Cindy Judd's Deposition (Filed Under Seal), # 22 Exhibit T - Letter from Mark Bakker to Frankie Marion dated June 16, 2009, # 23 Exhibit U (Part 1) - Affidavit of Tina Reusch dated September 30, 2008, # 24 Exhibit U (Part 2) - Affidavit of Tina Reusch dated September 30, 2008, # 25 Exhibit V - Affidavit of Tina Reusch dated May 6, 2008, # 26 Exhibit W - CCM's Detailed Financial Information for 2007 (Filed Under Seal), # 27 Exhibit X (Part 1) - CCM's Detailed Financial Information for January 2008 (Filed Under Seal), # 28 Exhibit X (Part 2) - CCM's Detailed Financial Information for January 2008 (Filed Under Seal), # 29 Exhibit X (Part 3) - CCM's Detailed Financial Information for January 2008 (Filed Under Seal), # 30 Exhibit Y (Part 1) - Unpublished Decisions, # 31 Exhibit Y (Part 2) - Unpublished Decisions)(Gibbes, Frank)
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Filing 523
Letter from attorney W. Francis Marion, Jr. re: request for a pretrial conference. (alew, )
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Filing 522
RESPONSE in Opposition re 520 MOTION Request for Oral Argument.Reply to Response to Motion due by 1/19/2010 (Gibbes, Frank)
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Filing 521
REPLY to Response to Motion re 503 MOTION to Take Deposition from Gerald Wiatrowski. (Attachments: # 1 Exhibit A - Deposition Transcript of John Adam Shirley - Volume I, # 2 Exhibit B - Eventelope's Application for Employer Identification Number, # 3 Exhibit C - Deposition Transcript of Todd Taylor, # 4 Exhibit D - Deposition Transcript of John Adam Shirley - Volume II)(Gibbes, Frank)
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Filing 520
MOTION Request for Oral Argument by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 1/11/2010 No proposed orderMotions referred to William M Catoe.(Marion, William)
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Filing 519
Sealed Document in re document 512 . (Attachments: # 1 Exhibit 2 - Portions of Cynthia Judd Depo, # 2 Exhibit 3A - Portions of Spreadsheet attached as Appendix to Abrams Affidavit, # 3 Exhibit 5 - Portions of Plaintiffs' Third Supplemental Responses to Shirley's First Interrogatory No. 2, # 4 Exhibit 7 - Production Info discovered by Defendants at Smith Hines Rd. facility, # 5 Exhibit 8 - UPS Daily Shipment Records at Smith Hines facility, # 6 Exhibit 9 - Production Notes alleged to be Trade Secret, # 7 Exhibit 10, Part 1 - 2005 Budget Review Binder, # 8 Exhibit 10, Part 2 - 2005 Budget Review Binder, # 9 Exhibit 11 - Major Account Review, 2005 Actual, alleged to be Trade Secret, # 10 Exhibit 13 - CCM Letters and Advertising Materials, # 11 Exhibit 17 - CCM Protocol for Cancellation Calls from Customers)(Marion, William)
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Filing 518
ANSWER to Counterclaim 508 of Defendant John Adam Shirley by Cox CustomMedia Inc.(Bakker, Mark) Modified on 12/23/2009 to remove duplicative text(alew, ).
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Filing 517
ANSWER to Counterclaim 510 of Prism Content Solutions, LLC by UHLIG LLC.(Gibbes, Frank) Modified on 12/23/2009 to remove duplicative text (alew, ).
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Filing 516
ANSWER to Counterclaim 508 of John Adam Shirley by UHLIG LLC.(Gibbes, Frank) Modified on 12/23/2009 to remove duplicative text (alew, ).
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Filing 515
ANSWER to Counterclaim 509 of Eventelope, LLC by UHLIG LLC.(Gibbes, Frank) Modified on 12/23/2009 to remove duplicative text (alew, ).
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Filing 514
TEXT CONSENT ORDER granting 513 Motion to Seal. Signed by Magistrate Judge William M Catoe on 12/23/09.(ladd, )
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Filing 513
MOTION to Seal certain documents in conjunction with Defendants' Motion for Sanctions by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 1/8/2010 (Attachments: # 1 Exhibit A - Descriptive Index of Docs at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Marion, William)
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Filing 512
MOTION for Sanctions by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 1/8/2010 (Attachments: # 1 Memo in Support, # 2 Exhibit 1 - 11/25/09 Letter from J. Cox to F. Marion, # 3 Exhibit 2 - Portions of Cynthia Judd Depo (filed under seal), # 4 Exhibit 3 - Fourth Affidavit of Steve Abrams, # 5 Exhibit 3A - Portions of Spreadsheet attached as Appendix to Abrams Affidavit (filed under seal), # 6 Exhibit 4 - Plaintiffs' Objections and Responses to Shirley's 1st Interrogatories, # 7 Exhibit 5 - Portions of Plaintiffs' 3rd Supp. Responses to Shirley's First Interrogatory No. 2 (filed under seal), # 8 Exhibit 6 - Plaintiffs' Objections and Responses to Prism's 1st Interrogatories, # 9 Exhibit 7 - Production Info discovered by Defendants at Smith Hines Rd. facility (portion to be filed under seal), # 10 Exhibit 8 - UPS Daily Shipment Records at Smith Hines facility (filed under seal), # 11 Exhibit 9 - Production Notes alleged to be Trade Secret (filed under seal), # 12 Exhibit 10 - 2005 Budget Review Binder (filed under seal), # 13 Exhibit 11 - Major Account Review, 2005 Actual, alleged to be Trade Secret (filed under seal), # 14 Exhibit 12 - Plaintiffs' Objections and Responses to Prism's First Req. for Production, # 15 Exhibit 13 - CCM Letters and Advertising Materials (filed under seal), # 16 Exhibit 14 - Plaintiffs' Objections and Responses to Shirley's First Req. for Production, # 17 Exhibit 15 - Portions of Jennifer Clark Depo, # 18 Exhibit 16 - Portions of Kelli Lawrence Depo, # 19 Exhibit 17 - CCM Protocol for Cancellation Calls from Customers (filed under seal))No proposed orderMotions referred to William M Catoe.(Marion, William)
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Filing 511
RESPONSE in Opposition re 503 MOTION to Take Deposition from Gerald Wiatrowski out of time Response filed by John Adam Shirley.Reply to Response to Motion due by 12/28/2009 (Attachments: # 1 Exhibit A - Depo Excerpts of Adam Shirley, # 2 Exhibit B - Affidavit of Gerald Wiatrowski, # 3 Exhibit C - Depo Excerpts of Kelli Lawrence, # 4 Exhibit D- Unpublished opinion)(Marion, William)
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Filing 510
Prism Content Solution's ANSWER to 502 Amended Complaint Third Amended Complaint, COUNTERCLAIM against UHLIG LLC by Prism Content Solutions LLC. (Attachments: # 1 Exhibit 1 - Noncompetition and Nonsolicitation Agreement)(Marion, William)
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Filing 509
Eventelope's ANSWER to 502 Amended Complaint Third Amended Complaint, COUNTERCLAIM against UHLIG LLC by Eventelope LLC. (Attachments: # 1 Exhibit - Noncompetition and Nonsolicitation Agreement)(Marion, William)
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Filing 508
John Adam Shirley's ANSWER to 502 Amended Complaint Third Amended Complaint, COUNTERCLAIM against Cox CustomMedia Inc, UHLIG LLC by John Adam Shirley. (Attachments: # 1 Exhibit 1 - Noncompetition and Nonsolicitation Agreement)(Marion, William)
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Filing 506
CONSENT TEXT ORDER granting 504 Motion to Withdraw as Attorney as to Matthew C. Dellinger; granting 505 Motion to Withdraw as Attorney as to Elizabeth Drill Nay. Signed by Magistrate Judge William M Catoe on 11/30/09.(ladd, )
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Filing 505
MOTION to Withdraw as Attorney Elizabeth Drill Nay by UHLIG LLC. Response to Motion due by 12/14/2009 (Attachments: # 1 Exhibit 1 - Affidavit in Support of Uhlig Motion to Withdraw)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 504
MOTION to Withdraw as Attorney Matthew C. Dellinger by UHLIG LLC. Response to Motion due by 12/14/2009 (Attachments: # 1 Exhibit 1 - Affidavit in Support of Plaintiff's Motion to Withdraw)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 503
MOTION to Take Deposition from Gerald Wiatrowski by UHLIG LLC. Response to Motion due by 12/14/2009 (Attachments: # 1 Exhibit A - Affidavit of Gerald Wiatrowski)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 502
AMENDED COMPLAINT Third Amended Complaint against Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley, filed by UHLIG LLC. (Gibbes, Frank)
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Filing 501
CONSENT ORDER granting 500 Motion to Amend Complaint. The defendants shall file an answer to the complaint within 15 days of the date it is filed. Signed by Magistrate Judge William M Catoe on 11/18/09.(ladd, )
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Filing 500
MOTION to Amend/Correct 167 Amended Complaint, by UHLIG LLC. Response to Motion due by 12/7/2009 (Attachments: # 1 Exhibit 1 - Third Amended Complaint)Proposed order is being emailed to chambers with copy to opposing counselMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 499
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/2/09, before Judge William M. Catoe. Court Reporter Karen E. Martin, Telephone number 864-233-2624, email at Karen_E_Martin@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 11/12/2009. Redacted Transcript Deadline set for 11/23/2009. Release of Transcript Restriction set for 1/20/2010. (kmartin)
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Filing 498
Second Amended ANSWER to 167 Amended Complaint,, COUNTERCLAIM against Cox CustomMedia Inc, UHLIG LLC by Prism Content Solutions LLC.(Marion, William)
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Filing 497
TEXT CONSENT ORDER granting 495 Motion to Seal. Signed by Magistrate Judge William M Catoe on 10/6/09.(ladd, )
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Filing 496
REPLY to Response to Motion re 425 MOTION for Partial Summary Judgment Response filed by UHLIG LLC. (Attachments: # 1 Exhibit A - Affidavit of Gerald Wiatrowski, # 2 Exhibit B - Affidavit of Mark Lee, # 3 Exhibit C - Unpublished Opinions)(Gibbes, Frank)
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Filing 495
MOTION to Seal by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 10/23/2009 (Attachments: # 1 Exhibit A - Descriptive Index, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Marion, William)
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Filing 494
REPLY to Response to Motion re 421 MOTION for Summary Judgment Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. (Attachments: # 1 Exhibit 1-Defendants have sought leave to file this Exhibit under Seal, # 2 Exhibit 2-Excerpts from Neal Ingebrigston Deposition, # 3 Exhibit 3-Excerpts from Tess Aiello Deposition, # 4 Exhibit 4-Excerpts from John Adam Shirley Deposition, # 5 Exhibit 5-Documents bate stamped U03187-91, # 6 Exhibit 6-Documents bate stamped U02738-41, # 7 Exhibit 7-Unpublished Opinion)(Marion, William)
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Filing 493
Minute Entry. Proceedings held before Magistrate Judge William M Catoe: Motion Hearing held on 10/2/2009 re 422 MOTION in Limine filed by UHLIG LLC, 478 MOTION to Amend/Correct /Supplement Counterclaims filed by Prism Content Solutions LLC, 423 MOTION Exclude Expert Testimony of Steve Abrams and Alan Austin filed by UHLIG LLC, 327 MOTION Plaintiff Uhlig LLC's Motion to Confirm Designation of Documents filed by UHLIG LLC. Text order entered by the court. Court Reporter Karen Martin. (sjam, )
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Filing 492
TEXT ORDER granting 327 Motion to confirm designation of documents; holding in abeyance 394 Motion for Sanctions; denying 422 Motion in Limine, with leave to renew later; denying 423 Motion to exclude expert testimony, with leave to renew later; granting 478 Motion to amend counterclaims. Signed by Magistrate Judge William M Catoe on 10/2/09.(ladd, )
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Filing 491
ORDER of Dismissal without prejudice as to Todd Baldree, L1 Technology, LLC, L1 Holdings, Inc., L1 Land, LLC, and Level One, LLC. Signed by Honorable Henry F Floyd on 10/1/09. (alew, )
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Filing 490
RESPONSE in Opposition re 478 MOTION to Amend/Correct /Supplement Counterclaims Response filed by UHLIG LLC.Reply to Response to Motion due by 10/13/2009 (Attachments: # 1 Exhibit A - Unpublished Opinions)(Gibbes, Frank)
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Filing 489
REPLY to Response to Motion re 423 MOTION Exclude Expert Testimony of Steve Abrams and Alan Austin Response filed by UHLIG LLC. (Attachments: # 1 Exhibit A - Unpublished Opinion)(Gibbes, Frank)
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Filing 488
ANSWER to Counterclaim 462 of Prism Content Solutions, LLC by UHLIG LLC.(Gibbes, Frank)
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Filing 487
ANSWER to Counterclaim 461 of Defendant John Adam Shirley by UHLIG LLC.(Gibbes, Frank)
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Filing 486
ANSWER to Counterclaim 225 of Defendant Eventelope, LLC by UHLIG LLC.(Gibbes, Frank)
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Filing 485
Plaintiff Cox CustomMedia, Inc.'s ANSWER to Counterclaim 461 of Defendant John Adam Shirley by Cox CustomMedia Inc.(Bakker, Mark)
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Filing 484
SEVENTH AMENDED SCHEDULING ORDER. Motions in Limine due by 1/15/2010. Signed by Magistrate Judge William M Catoe on 9/24/09. (ladd, )
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Filing 483
ORDER extending deadlines for reply memoranda to 466 Response in Opposition to 425 Motion for Partial Summary Judgment, and 468 Response in Opposition to 421 Motion for Summary Judgment, through 10/5/09. Signed by Magistrate Judge William M Catoe on 9/24/09. (ladd, )
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Filing 482
ORDER extending deadline to file response to 423 MOTION Exclude Expert Testimony of Steve Abrams and Alan Austin through 9/30/09. Signed by Magistrate Judge William M Catoe on 9/24/09. (ladd, )
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Filing 481
ORDER granting without opposition 442 Motion to Seal Document; granting 450 Motion to Seal. Signed by Magistrate Judge William M Catoe on 9/24/09.(ladd, )
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Filing 480
NOTICE of Hearing on Motions. 327 MOTION to Confirm Designation of Documents, 394 MOTION for Sanctions, 422 MOTION in Limine, 423 MOTION to Exclude Expert Testimony of Steve Abrams and Alan Austin, and 478 MOTION to Amend/Correct: Motions Hearing set for 10/2/2009 09:30 AM in Greenville #4, Clement F Haynsworth Fed Bldg, 300 E Washington St., Greenville before Magistrate Judge William M Catoe. (ladd, )
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Filing 479
SUPPLEMENT by John Adam Shirley to 417 Response in Opposition to Motion,,, for Sanctions. (Attachments: # 1 Affidavit of James W. Hudgens)(Marion, William)
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Filing 478
MOTION to Amend/Correct /Supplement Counterclaims by Prism Content Solutions LLC. Response to Motion due by 10/9/2009 (Attachments: # 1 Exhibit 1-Proposed 2d Amd Answer to 2d Amd Complaint & Counterclaims, # 2 Memo in Support)No proposed orderMotions referred to William M Catoe.(Marion, William)
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Filing 476
ORDER denying 444 Motion for Preliminary Injunction; denying 444 Motion for TRO; finding as moot 444 Motion for Hearing. Signed by Honorable Henry F Floyd on 9/17/2009.(alew, )
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Filing 474
Sealed Document in re document 468 . (Attachments: # 1 Exhibit I - Email from John Adam Shirley to Bernie Cavis, # 2 Exhibit J - Resignation Letter of John Adam Shirley, # 3 Exhibit K - Email from Amanda Dorsey to Robin Barich - March 10, 2008, # 4 Exhibit L - Emails from Amanda Dorsey and John Adam Shirley to Clients, # 5 Exhibit N - Prism and Sunshine House Powerpoint Presentation, # 6 Exhibit Q1 - Exhibits Attached to Affidavit of Brian Cooper, # 7 Exhibit S - Email from John Adam Shirley to Chris Jones and Buddy Long - February 26, 2008, # 8 Exhibit U - Excerpts from 30(b)(6) Deposition of Uhlig)(Gibbes, Frank)
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Filing 473
CONSENT TEXT ORDER granting 467 Motion to Seal and 469 Motion to Seal Document. Signed by Magistrate Judge William M Catoe on 9/16/09.(ladd, )
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Filing 472
DELETION OF ENTRY NUMBER 470 Reason: per attorney request. Office realized incorrect event used, decided to refile document using correct event. Corrected Filing Document Number 471 Modified filing date to that of original filing: 9/15/09 (alew, )
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Filing 471
REPLY to Response to Motion re 422 MOTION in Limine Response filed by UHLIG LLC. (Attachments: # 1 Exhibit A - Unpublished Opinions)(Gibbes, Frank) Modified on 9/16/2009 to correct filing date (alew, ).
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Filing 469
MOTION to Seal Document 468 Response in Opposition to Motion,,,,,,, by UHLIG LLC. Response to Motion due by 10/5/2009 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 468
RESPONSE in Opposition re 421 MOTION for Summary Judgment Response filed by UHLIG LLC.Reply to Response to Motion due by 9/25/2009 (Attachments: # 1 Exhibit A - Excerpts from Deposition of John Adam Shirley, # 2 Exhibit B - Affidavit of Mitch Harrison, # 3 Exhibit C - Affidavit of Brandi Boudoin, # 4 Exhibit D - Affidavit of Ed Romano, # 5 Exhibit E - Prism Content Solutions Business Plan (FILED UNDER SEAL), # 6 Exhibit F - Excerpts from the Deposition of Chris Jones, # 7 Exhibit G - Excerpts from the Deposition of Jeremy Richardson, # 8 Exhibit H - Register.com information regarding Prismcontentsolutions.com, # 9 Exhibit I - Email from Mr. Shirley to Mr. Cavis dated march 9, 2008 (FILED UNDER SEAL), # 10 Exhibit J - Resignation letter of John Adam Shirley (FILED UNDER SEAL), # 11 Exhibit K - Email from Ms. Dorsey to Robin Barich dated March 10, 2008 (FILED UNDER SEAL), # 12 Exhibit L - Emails from Ms. Dorsey and Mr. Shirley to clients (FILED UNDER SEAL), # 13 Exhibit M - Excerpts from the Deposition of Amanda Dorsey Marcengill, # 14 Exhibit N - Prism Content Solutions & The Sunshine House Powerpoint Presentation (FILED UNDER SEAL), # 15 Exhibit O - Exhibit B to the Operating Agreement of Eventelope, LLC, # 16 Exhibit P - South Carolina Secretary of State Information on Eventelope, LLC, # 17 Exhibit Q - Affidavit of Brian Cooper, # 18 Exhibit Q1 - Exhibits attached to Affidavit of Brian Cooper (FILED UNDER SEAL), # 19 Exhibit R - Cox CustomMedia Policy and Procedures Handbook, # 20 Exhibit S - Email from Mr. Shirley to Mr. Jones and Mr. Long dated February 26, 2008 (FILED UNDER SEAL), # 21 Exhibit T - Affidavit of Julie Cox, # 22 Exhibit U - Excerpts from the 30(b)(6) Deposition of Uhlig LLC (FILED UNDER SEAL), # 23 Exhibit V - Certificate of Registration, # 24 Exhibit W - Part 1 - Unpublished Decisions, # 25 Exhibit W - Part 2 - Unpublished Decisions)(Gibbes, Frank)
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Filing 467
MOTION to Seal by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley. Response to Motion due by 10/5/2009 (Attachments: # 1 Exhibit A, Non-Confidential Description of Documents at Issue, # 2 Exhibit B, Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Major, Denny)
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Filing 466
RESPONSE in Opposition re 425 MOTION for Partial Summary Judgment Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley.Reply to Response to Motion due by 9/25/2009 (Attachments: # 1 Exhibit 1 - Document bate stamped U05623, # 2 Exhibit 2 - Defendant has sought leave to file this Exh under Seal, # 3 Exhibit 3 - Defendant has sought leave to file this Exh under Seal, # 4 Exhibit 4 - Letters re "Potential Copyright Infringement", # 5 Exhibit 5 - Affidavit of Lance Lee, # 6 Exhibit 6 - Defendant has sought leave to file this Exh under Seal, # 7 Exhibit 7 - Defendant has sought leave to file this Exh under Seal)(Marion, William)
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Filing 465
RESPONSE in Opposition re 423 MOTION Exclude Expert Testimony of Steve Abrams and Alan Austin Response filed by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirley.Reply to Response to Motion due by 9/25/2009 (Major, Denny)
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Filing 463
Sealed Document in re document 456 . (Gibbes, Frank)
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Filing 462
Amended ANSWER to 167 Amended Complaint,, COUNTERCLAIM against Cox CustomMedia Inc, UHLIG LLC by Prism Content Solutions LLC.(Marion, William)
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Filing 461
Second Amended ANSWER to 167 Amended Complaint,, COUNTERCLAIM against Cox CustomMedia Inc, UHLIG LLC by John Adam Shirley.(Marion, William)
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Filing 460
Additional Attachments to Main Document 459 Reply to Response to Motion,, Exhibit 4 - Proposed Second Amended Answer of Defendant Prism to Second Amended Complaint and Counterclaims of Plaintiffs. (Marion, William)
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Filing 459
REPLY to Response to Motion re 444 Amended MOTION for Preliminary Injunction Amended MOTION for Temporary Restraining Order MOTION for Hearing re 443 Order on Motion for TRO, Order on Motion for Preliminary Injunction. Response filed by Prism Content Solutions LLC. (Attachments: # 1 Exhibit 1 - Excerpts from Kelli Lawrence Depo, # 2 Exhibit 2 - Excerpts from Adam Shirley Depo, # 3 Exhibit 3 - Excerpts from Tess Aiello Depo)(Marion, William) Modified to edit text on 9/15/2009 (alew, ). Modified on 9/29/2009; additional attachment 460 filed 9/14/09 (alew, ).
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Filing 458
TEXT CONSENT ORDER granting 457 Motion to Seal Document. Signed by Magistrate Judge William M Catoe on 9/11/09.(ladd, )
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Filing 457
MOTION to Seal Document 456 Response in Opposition to Motion,,, by UHLIG LLC. Response to Motion due by 9/28/2009 (Attachments: # 1 Exhibit A - Descriptive Index of Documents, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 456
RESPONSE in Opposition re 444 Amended MOTION for Preliminary Injunction,Amended MOTION for Temporary Restraining Order MOTION for Hearing re 443 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Response filed by UHLIG LLC. Reply to Response to Motion due by 9/21/2009 (Attachments: # 1 Exhibit A - Deposition Excerpts from Deposition of Chris Jones, # 2 Exhibit B - Deposition Excerpts from Deposition of Jeremy Richardson, # 3 Exhibit C - Email dated February 29, 2008 between Adam Shirley to Chris Jones and Buddy Long - FILED UNDER SEAL, # 4 Exhibit D - Affidavit of Todd Baldree, # 5 Exhibit E - Confidentiality/Privacy Statement signed by Chris Jones dated January 29, 2009, # 6 Exhibit F - Unpublished Decisions)(Gibbes, Frank) Modified on 9/11/2009 to edit text (alew, ).
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Filing 455
TEXT ORDER denying 235 Motion to Dismiss; denying 236 Motion to Dismiss; denying 240 Motion to Dismiss; denying 241 Motion to Dismiss; granting 265 Motion to Amend/Correct; granting 266 Motion to Amend/Correct. Signed by Honorable Henry F Floyd on 9/10/2009.(alew, )
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Filing 454
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9/10/09, before Judge William M. Catoe. Court Reporter Karen E. Martin, Telephone number 864-233-2624, email at Karen_E_Martin@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 10/1/2009. Redacted Transcript Deadline set for 10/13/2009. Release of Transcript Restriction set for 12/9/2009. (kmartin)
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Filing 453
Minute Entry. Proceedings held before Magistrate Judge William M Catoe: Telephone Conference held on 9/10/2009. Court Reporter Karen Martin. (sjam, )
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Filing 452
TEXT ORDER granting 420 Motion for Leave to File Excess Pages without opposition. Signed by Magistrate Judge William M Catoe on 9/9/09.(ladd, )
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Filing 451
CONSENT TEXT ORDER granting 446 Motion to Seal Document. Signed by Magistrate Judge William M Catoe on 9/9/09.(ladd, )
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Filing 450
MOTION to Seal Affidavit of Colin Alstad by Prism Content Solutions LLC. Response to Motion due by 9/22/2009 (Attachments: # 1 Memo in Support, # 2 Exhibit A, Non-confidential Index, # 3 Exhibit B, Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Major, Denny)
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Filing 449
SUPPLEMENT by Prism Content Solutions LLC to 444 Amended MOTION for Preliminary InjunctionAmended MOTION for Temporary Restraining Order MOTION for Hearing re 443 Order on Motion for TRO, Order on Motion for Preliminary Injunction,,,,,,,, MOTION for Hearing re 443 Order on Motion for TRO, Order on Motion for Preliminary Injunction,,,,,,,, MOTION for Hearing re 443 Order on Motion for TRO, Order on Motion for Preliminary Injunction,,,,,,,,. (Attachments: # 1 Affidavit of Colin Alstad, # 2 Exhibit Unpublished Opinions)(Major, Denny)
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Filing 448
REPLY to Response to Motion re 422 MOTION in Limine Response filed by Cox CustomMedia Inc. (Bakker, Mark)
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Filing 447
SIXTH AMENDED CONSENT SCHEDULING ORDER: Records Custodian Affidavit due by 1/29/2010, Discovery due by 11/13/2009, Rule 26(a)(3) Disclosures due by 1/29/2010, Pretrial Briefs due by 3/8/2010, Jury Selection Deadline 3/15/2010,(including completion of depositions of lay witnesses by October 31, 2009 and depositions of expert witnesses by November 13, 2009)the filing date for the documents listed in Doc # 439 is hereby extended to September 15, 2009, On September 1, 2009, Prism Content Solutions, LLC filed a Motion for Temporary Restraining Order and Preliminary Injunction (Doc # 441). By agreement Plaintiffs date to respond is extended to September 10, 2009. Defendants may file a Reply which will be due on or before September 14, 2009. The court will issue an order on this matter on or before October 9, 2009. Signed by Honorable Henry F Floyd on 9/4/09. (alew, )
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Filing 446
MOTION to Seal Document by Prism Content Solutions LLC. Response to Motion due by 9/21/2009 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Marion, William)
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Filing 445
CERTIFICATE OF CONSULTATION byEventelope LLC, Prism Content Solutions LLC, John Adam Shirley, UHLIG LLC re 441 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. (Marion, William)
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Filing 444
Amended MOTION for Preliminary Injunction, Amended MOTION for Temporary Restraining Order ( Response to Motion due by 9/21/2009), MOTION for Hearing re 443 Order on Motion for TRO, Order on Motion for Preliminary Injunction,,,,,,,, by Prism Content Solutions LLC. (Attachments: # 1 Memo in Support, # 2 Exhibit 1 - Filed Under Seal, # 3 Exhibit 2 - Filed Under Seal, # 4 Exhibit 3 - Filed Under Seal, # 5 Exhibit 4 - Chris Jones Depo Excerpts, # 6 Exhibit 5 - Unpublished Opinions)No proposed orderMotions referred to William M Catoe.(Marion, William)
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Filing 443
ORDER deferring ruling on 441 Motion for TRO; deferring ruling on 441 Motion for Preliminary Injunction.The Court is of the firm opinion that this is a motion that should be settled by the excellent attorneys in this action without Court intervention. The Court STRONGLY URGES counsel to do so. Therefore, not later than 5:00 p.m. today, September 2, 2009, counsel shall (1) conference in a good faith effort to resolve this dispute and (2) file with the Court (a) a joint certification that such conference has been had and (b) a joint report as to whether or not the motion has been resolved.If the motion has not been resolved, then, not later than 5:00 p.m. today, September 2, 2009, counsel for the movants shall file an amended motion employing the standard for the granting and denying of preliminary injunctions in federal court, as announced in Winter v. Natural Resources Defense Council, Inc., 129 S. Ct. 365, 374-76 (2008)and Real Truth About Obama, Inc. v. Federal Election Comn, 2009 WL 2408735 (4th Cir. Aug. 5, 2009). The non-movants shall file their response to the motion not later than 10:00 a.m. on Thursday, September 3, 2009. IT IS SO ORDERED.Signed by Honorable Henry F Floyd on September 2, 2009.(jbro)
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Filing 442
MOTION to Seal Document by Prism Content Solutions LLC. Response to Motion due by 9/21/2009 (Attachments: # 1 Memo in Support, # 2 Exhibit A, Non-confidential index of documents, # 3 Exhibit B, Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Major, Denny)
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Filing 441
MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction ( Response to Motion due by 9/21/2009) by Prism Content Solutions LLC. (Attachments: # 1 Memo in Support, # 2 Exhibit 1, Portions of Deposition Testimony of Christopher Jones, # 3 Exhibit 2, Affidavit of John Adam Shirley Dated September 1, 2009, # 4 Exhibit 3, letter from W. Francis Marion to Michael J. Giese dated June 10, 2008, # 5 Exhibit 4, letter from Michael J. Giese to Frank H. Gibbes, III dated June 13, 2008, # 6 Exhibit 5, letter from Michael J. Giese to W. Francis Marion, Jr. dated August 21, 2009, # 7 Exhibit 6, Settlement Agreements and Assignments (filed under seal))No proposed orderMotions referred to William M Catoe.(Major, Denny)
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Filing 440
REPLY by Eventelope LLC, Prism Content Solutions LLC, John Adam Shirleyto 437 Reply(Do not use this event to reply to a Motion) Reply to Plaintiff's Memorandum in Response to Defendant Shirley's Objection to Al Johnson as Expert. (Attachments: # 1 Exhibit 1 - Email string between Julie Cox and Frank Beal)(Marion, William)
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Filing 439
CONSENT TEXT ORDER extending time through 9/4/09 for filing: (1) plaintiff's reply to 434 Shirley defendants' memorandum opposing plaintiff's 422 Motion in Limine; (2) Shirley defendants' opposition to plaintiff's 425 Motion for Partial Summary Judgment; (3) Shirley defendants' opposition to plaintiff's 420 Motion for Leave to File Excess Pages; (4) plaintiff's opposition to Shirley defendants' 421 Motion for Summary Judgment; and (5) Shirley defendants' opposition to plaintiff's 423 Motion to Exclude Expert Testimony of Steve Abrams and Alan Austin. Signed by Magistrate Judge William M Catoe on 8/31/09. (ladd, )
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Filing 437
REPLY by UHLIG LLCto 430 Objections, Defendant Shirley's Objection to New Expert, Al Johnson. (Attachments: # 1 Exhibit A - Letter from Martion to Gibbes dated June 22, 2009)(Gibbes, Frank)
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Filing 436
TEXT ORDER: In light of the consent preliminary injunction entered in this case against Defendants Todd Baldree, L1 Holdings, Inc., Level One, LLC, L1 Technology, LLC, and L1 Land, LLC's (Baldree Defendants), finding as moot 325 Motion to Substitute Party; finding as moot 337 Motion for Partial Summary Judgment; finding as moot 398 Report and Recommendation; and finding as moot 283 Motion for Summary Judgment. Signed by Honorable Henry F Floyd on August 25, 2009.(jbro)
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Filing 435
REPLY to Response to Motion re 394 MOTION for Sanctions Precluding Defendants from Using the Smith Hines Road Materials and for Monetary Sanctions Response filed by UHLIG LLC. (Attachments: # 1 Exhibit A - Affidavit of Kristina Hayes, # 2 Exhibit B - Affidavit of Kelly Schoen, # 3 Exhibit C - Affidavit of Tim McCarthy, # 4 Exhibit D - Excerpts from Deposition Transcript of John Adam Shirley, # 5 Exhibit E - Excerpts from Deposition Transcript of Amanda Dorsey Marcengill, # 6 Exhibit F - Unpublished Decision)(Gibbes, Frank)
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Filing 434
RESPONSE in Opposition re 422 MOTION in Limine Response filed by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC.Reply to Response to Motion due by 8/31/2009 (Attachments: # 1 Exhibit 1, e-mails between Juliet Cox and John Morrison, # 2 Exhibit 2, Letters from Juliet Cox to Upstate Business Services, LLC and Professional Printers, Inc., # 3 Exhibit 3, Settlement Agreements between Uhlig, LLC and former employees of Prism Content Solutions, LLC, # 4 Exhibit 4, portions of deposition testimony of Kelli Lawrence, # 5 Exhibit 5, Unpublished Opinions)(Major, Denny)
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Filing 432
CONSENT PERMANENT INJUNCTION. Signed by Honorable Henry F Floyd on 8/21/09. (fbos, ) (alew, ). Modified on 8/25/2009 to replace incorrect document with corrected document.(alew, ).
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Filing 431
Joint MOTION for Permanent Injunction by UHLIG LLC, Todd Baldree, L1 Holdings Inc, L1 Technology LLC, L1 Land LLC. Response to Motion due by 9/8/2009 (Attachments: # 1 Exhibit A - Consent Permanent Injunction)Proposed order is being emailed to chambers with copy to opposing counsel(Gibbes, Frank)
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Filing 430
Defendant Shirley's Notice of Objection to Uhlig's Request for New Expert. OBJECTIONS byJohn Adam Shirley, Prism Content Solutions LLC, Eventelope LLC. (Attachments: # 1 Exhibit 1 - Third Affidavit of Steve Abrams)(Marion, William)
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Filing 429
Sealed Document in re document 425 . (Gibbes, Frank)
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Filing 428
Sealed Document in re document 423 . (Gibbes, Frank)
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Filing 427
CONSENT TEXT ORDER granting 424 Motion to Seal Document ; granting 426 Motion to Seal Document. Signed by Magistrate Judge William M Catoe on 8/17/09.(ladd, )
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Filing 426
MOTION to Seal Document 425 MOTION for Partial Summary Judgment by UHLIG LLC. Response to Motion due by 9/1/2009 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 425
MOTION for Partial Summary Judgment by UHLIG LLC. Response to Motion due by 9/1/2009 (Attachments: # 1 Memo in Support of Plaintiff's Motion for Partial Summary Judgment, # 2 Exhibit A - Shirley's Non-Compete Agreement, # 3 Exhibit B - Excerpts from Deposition Transcript of John Adam Shirley, # 4 Exhibit C - Affidavit of Mark Uhlig No. 1, # 5 Exhibit D- Asset Purchase Agreement - Filed Under Seal, # 6 Exhibit E - Affidavit of Mark Uhlig No. 2, # 7 Exhibit F - Troxell Agreement, # 8 Exhibit G - Unpublished Decisions (Part 1), # 9 Exhibit G - Unpublished Decisions (Part 2))No proposed order(Gibbes, Frank)
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Filing 424
MOTION to Seal Document 423 MOTION Exclude Expert Testimony of Steve Abrams and Alan Austin by UHLIG LLC. Response to Motion due by 9/1/2009 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance, No proposed orderMotions referred to William M Catoe.(Gibbes, Frank) Modified text on 8/17/2009 to remove sealed document filed in error by attorney(alew, )
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Filing 423
MOTION Exclude Expert Testimony of Steve Abrams and Alan Austin by UHLIG LLC. Response to Motion due by 9/1/2009 (Attachments: # 1 Memo in Support of Plaintiff's Motion to Exclude Expert Testimony of Steve Abrams and Alan Austin, # 2 Exhibit A - Expert Report of Dr. Perry Woodside - Filed Under Seal, # 3 Exhibit B - Expert Report of Mark Johnson, # 4 Exhibit C - Expert Report of Alan Austin, # 5 Exhibit D - Expert Report of Steve Abrams)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 422
MOTION in Limine by UHLIG LLC. Response to Motion due by 9/1/2009 (Attachments: # 1 Exhibit A - Unpublished Decisions)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 421
MOTION for Summary Judgment by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC. Response to Motion due by 9/1/2009 (Attachments: # 1 Memo in Support, # 2 Exhibit 1, Letter dated February 20, 2008 from R. Wilhelm to A. Mitchell)No proposed order(Major, Denny)
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Filing 420
MOTION for Leave to File Excess Pages by UHLIG LLC. Response to Motion due by 9/1/2009 No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 418
TEXT ORDER, in light of the consent preliminary injunctions entered in this case against Defendants Dorsey, Richardson, Holman, and Clark, finding as moot 319 Motion for Summary Judgment; finding as moot 341 Motion for Partial Summary Judgment; finding as moot 377 Motion for Summary Judgment; finding as moot 381 Motion for Summary Judgment; finding as moot 242 Motion to Dismiss; finding as moot 253 Motion to Amend/Correct; finding as moot 256 Motion to Amend/Correct; finding as moot 264 Motion to Amend/Correct. Signed by Honorable Henry F Floyd on August 13, 2009.(jbro)
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Filing 417
RESPONSE in Opposition re 394 MOTION for Sanctions Precluding Defendants from Using the Smith Hines Road Materials and for Monetary Sanctions Response filed by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC.Reply to Response to Motion due by 8/24/2009 (Attachments: # 1 Exhibit 1 - Excerpt from CCM 30(b)(6) Deposition, # 2 Exhibit 2 - Portions of Agreement for Purchase and Sale of Assets, # 3 Exhibit 3 - Excerpt from Jennifer Clark Deposition, # 4 Exhibit 4 - Excerpt from Kelli Lawrence Deposition, # 5 Exhibit 5 - CCM's Application for Surrender of Authority to do Business in SC, # 6 Exhibit 6 - Affidavit of Adam Shirley, # 7 Exhibit 7 - Supplemental Affidavit of Thomas Molin, # 8 Exhibit 8 - Uhlig, LLC's Objections and Responses to Prism's 1st Set of Interrogatories)(Marion, William)
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Filing 416
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Motion Hearing held on 8/6/09, before Judge William M. Catoe. Court Reporter Karen E. Martin, Telephone number 864-233-2624, email at Karen_E_Martin@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 9/1/2009. Redacted Transcript Deadline set for 9/11/2009. Release of Transcript Restriction set for 11/9/2009. (kmartin)
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Filing 415
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings conducted by FTR, Motion Hearing held on 8/4/09, before Judge William M. Catoe. Court Reporter/Transcriber Karen E. Martin, Telephone number 864-233-2624, email at Karen_E_Martin@scd.uscourts.gov. 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 from the Court Reporter/Transcriber or through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 9/1/2009. Redacted Transcript Deadline set for 9/11/2009. Release of Transcript Restriction set for 11/9/2009. (kmartin)
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Filing 414
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Motion Hearing held on 8/4/09, before Judge William M. Catoe. Court Reporter Karen E. Martin, Telephone number 864-233-2624, email at Karen_E_Martin@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 9/1/2009. Redacted Transcript Deadline set for 9/11/2009. Release of Transcript Restriction set for 11/9/2009. (kmartin)
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Filing 412
ORDER granting 407 Motion for Permanent Injunction as to Jeremy Richardson. Signed by Honorable Henry F Floyd on 8/6/09. (Attachments: # 1 Consent Permanent Injunction)(alew, )
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Filing 411
ORDER granting 406 Motion for Permanent Injunction as to Amanda Dorsey-Marcengill. Signed by Honorable Henry F Floyd on 8/6/09. (Attachments: # 1 Consent Permanent Injunction)(alew, )
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Filing 410
ORDER granting 405 Motion for Permanent Injunction as to Jennifer Clark. Signed by Honorable Henry F Floyd on 8/6/09. (Attachments: # 1 Consent Permanent Injunction)(alew, )
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Filing 409
ORDER granting 404 Motion for Permanent Injunction as to Nathan Holman. Signed by Honorable Henry F Floyd on 8/6/09. (Attachments: # 1 Consent Permanent Injunction)(alew, )
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Filing 408
Minute Entry. Proceedings held before Magistrate Judge William M Catoe: granting in part 314 Motion to Compel; Status Conference held on 8/6/2009. Court Reporter Karen Martin. (sjam, )
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Filing 407
Joint MOTION for Permanent Injunction for Jeremy Richardson by UHLIG LLC, Jeremy Richardson. Response to Motion due by 8/24/2009 (Attachments: # 1 Exhibit A - Consent Permanent Injunction - Jeremy Richardson)Proposed order is being emailed to chambers with copy to opposing counsel(Gibbes, Frank)
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Filing 406
Joint MOTION for Permanent Injunction for Amanda Dorsey Marcengill by UHLIG LLC, Amanda Dorsey. Response to Motion due by 8/24/2009 (Attachments: # 1 Exhibit A - Consent Permanent Injunction - Amanda Dorsey Marcengill)Proposed order is being emailed to chambers with copy to opposing counsel(Gibbes, Frank)
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Filing 405
Joint MOTION for Permanent Injunction for Jennifer Clark by UHLIG LLC, Jennifer Clark. Response to Motion due by 8/24/2009 (Attachments: # 1 Exhibit A - Consent Permanent Injunction - Jennifer Clark)Proposed order is being emailed to chambers with copy to opposing counsel(Gibbes, Frank)
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Filing 404
Joint MOTION for Permanent Injunction for Nathan Holman by UHLIG LLC, Nathan Holman. Response to Motion due by 8/24/2009 (Attachments: # 1 Exhibit A - Consent Permanent Injunction - Nathan Holman)Proposed order is being emailed to chambers with copy to opposing counsel(Gibbes, Frank)
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Filing 403
Sealed Document in re document 394 . (Attachments: # 1 Exhibit C - Lease Modification Agreement, # 2 Exhibit D - Sublease between Cox CustomMedia to Progressive Printing, # 3 Exhibit E - Transition Incentive Agreement)(Gibbes, Frank)
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Filing 402
Minute Entry. Proceedings held before Magistrate Judge William M Catoe: Motion Hearing held on 8/4/2009 re 314 MOTION to Compel Defendants to Answer Interrogatories and Produce Documents filed by UHLIG LLC, 327 MOTION Plaintiff Uhlig LLC's Motion to Confirm Designation of Documents filed by UHLIG LLC. Attorneys to work out discovery. Hearing to reconvene 8/6/09 3:00 pm before Magistrate William M. Catoe. Court Reporter Karen Martin. (sjam, )
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Filing 401
Minute Entry. Proceedings held before Magistrate Judge William M Catoe: Status Conference held on 8/4/2009. Parties ask for extended time to resolve discovery issues. Hearing to be scheduled for Thursday, 8/6/09 at 3:00 pm. Court Reporter FTR - Jackie Thomas #4. (kric, )
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Filing 400
NOTICE of Hearing: Status Conference set for 8/6/2009 03:00 PM in Greenville #4, Clement F Haynsworth Fed Bldg, 300 E Washington St., Greenville before Magistrate Judge William M Catoe. (ladd, )
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Filing 399
Minute Entry. Proceedings held before Magistrate Judge William M Catoe: granting in part 336 Motion to Take Deposition- Court rules that deposition may last 3 hours on new material only; granting 380 Motion for Extension of Time to Complete Discovery- Court rules discovery be extended by agreement of parties but trial date remains October 18, 2009.Court Reporter Karen Martin. (sjam, )
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Filing 398
REPORT AND RECOMMENDATION recommending 325 MOTION to Substitute Party filed by UHLIG LLC be granted, that L1 Holdings be dismissed from the case, and that Level One, LLC, be added as a party. Objections to R&R due by 8/21/2009. Signed by Magistrate Judge William M Catoe on 8/4/09. (ladd, )
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Filing 397
CONSENT TEXT ORDER granting 395 Motion to Seal Documents. Signed by Magistrate Judge William M Catoe on 8/3/09.(ladd, )
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Filing 396
RESPONSE in Support re 394 MOTION for Sanctions Precluding Defendants from Using the Smith Hines Road Materials and for Monetary Sanctions Response filed by Cox CustomMedia Inc. (Bakker, Mark)
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Filing 395
MOTION to Seal Document 394 MOTION for Sanctions Precluding Defendants from Using the Smith Hines Road Materials and for Monetary Sanctions by UHLIG LLC. Response to Motion due by 8/17/2009 (Attachments: # 1 Exhibit A - Descriptive Index of Documents, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 394
MOTION for Sanctions Precluding Defendants from Using the Smith Hines Road Materials and for Monetary Sanctions by UHLIG LLC. Response to Motion due by 8/17/2009 (Attachments: # 1 Memo in Support of Uhlig's Motion for Evidentiary Sanctions Precluding Defendants from Using the Smith Hines Road Materials and for Monetary Sanctions, # 2 Exhibit A - Master Lease - Filed Under Seal, # 3 Exhibit B - Memorandum of Lease and Assumption Agreement, # 4 Exhibit C - Lease Modification Agreement - Filed Under Seal, # 5 Exhibit D - Sublease between Cox CustomMedia to Progressive Printing - Filed Under Seal, # 6 Exhibit E - Transition Incentive Agreement - Filed Under Seal, # 7 Exhibit F - Affidavit of Thomas O. Molin dated April 2, 2009, # 8 Exhibit G - Affidavit of Mark D. Vanvick dated April 2, 2009, # 9 Exhibit H - Affidavit of Mark D. Vanvick dated July 7, 2009, # 10 Exhibit I - Affidavit of Thomas O. Molin dated July 9, 2009, # 11 Exhibit J - Affidavit of Frank H. Gibbes, III, # 12 Exhibit K - Photograph: Exhibit Number 15 from Deposition of Cynthia Judd, # 13 Exhibit L - Affidavit of Tammy V. Pendergrass, # 14 Exhibit M - Leased Employee Agreement, # 15 Exhibit N - Unpublished Decisions)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 392
NOTICE of Hearing on 314 MOTION to Compel, 327 MOTION to Confirm Designation of Documents, 336 MOTION to Take Deposition from John Adam Shirley, 380 MOTION for Extension of Time to Complete Discovery, and other matters as set forth in the 391 Motion for Status Conference: Motion Hearing set for 8/4/2009 09:00 AM in Greenville #3, Clement F Haynsworth Fed Bldg, 300 E Washington St., Greenville before Magistrate Judge William M Catoe. (ladd, )
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Filing 391
MOTION for Status Conference by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC. Response to Motion due by 8/17/2009 No proposed orderMotions referred to William M Catoe.(Marion, William)
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Filing 390
ORDER granting 321 Motion for Disclosure; granting in part and denying in part 326 Motion for Disclosure; denying 338 Motion to Confirm Confidentiality Designations. Signed by Magistrate Judge William M Catoe on 7/28/09.(ladd, )
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Filing 389
REPLY to Response to Motion re 356 MOTION for Summary Judgment as to Plaintiff Cox CustomMedia, Inc. Response filed by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC. (Marion, William)
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Filing 387
CONSENT TEXT ORDER granting 382 Motion to Withdraw by attorneys Curtis E. Woods, Barrett A. Vahle and Ben A. Halpert. Signed by Magistrate Judge William M Catoe on 7/27/09.(ladd, )
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Filing 386
TEXT ORDER granting 328 Motion to Seal without opposition. Signed by Magistrate Judge William M Catoe on 7/27/09.(ladd, )
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Filing 385
CONSENT TEXT ORDER extending time for the plaintiff to respond to 377 MOTION for Summary Judgment filed by Jennifer Clark and 381 MOTION for Summary Judgment filed by Nathan Holman through 8/24/09. Signed by Magistrate Judge William M Catoe on 7/24/09. (ladd, )
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Filing 383
RESPONSE in Opposition re 356 MOTION for Summary Judgment as to Plaintiff Cox CustomMedia, Inc. Response filed by Cox CustomMedia Inc.Reply to Response to Motion due by 7/27/2009 (Bakker, Mark)
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Filing 382
MOTION to Withdraw by UHLIG LLC. Response to Motion due by 8/4/2009 (Attachments: # 1 Exhibit A - Signed Motion to Withdraw)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 381
MOTION for Summary Judgment by Nathan Holman. Response to Motion due by 8/3/2009 (Attachments: # 1 Affidavit of Nathan Holman, # 2 Memo in Support)No proposed order(Morgan, Grenville)
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Filing 380
MOTION for Extension of Time to Complete Discovery by UHLIG LLC. Response to Motion due by 8/3/2009 (Attachments: # 1 Exhibit A - Proposed Sixth Amended Consent Scheduling Order, # 2 Affidavit in Support of Uhlig Motion for Extension of Discovery Deadline and for Modification of Fourth and Fifth Scheduling Order, # 3 Memo in Support of Motion for Extension of the Discovery Deadline and for Modification of the Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counselMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 379
CONSENT TEXT ORDER granting 378 Motion to Appear Pro Hac Vice as to Elizabeth Drill Nay. Signed by Magistrate Judge William M Catoe on 7/15/09.(ladd, )
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Filing 378
MOTION to Appear Pro Hac Vice by Elizabeth Drill Nay ( Filing fee $ 250 receipt number 04200000000002191026) by UHLIG LLC. Response to Motion due by 8/3/2009 (Attachments: # 1 Application/Affidavit for Pro Hac Vice Admission, # 2 Certificate of Good Standing - Elizabeth Drill Nay)No proposed order(Gibbes, Frank)
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Filing 377
MOTION for Summary Judgment by Jennifer Clark. Response to Motion due by 7/28/2009 (Attachments: # 1 Memo in Support redacted, # 2 Exhibit (Description Required) Exhibit #1 to Memorandum, # 3 Affidavit of Jenny Clark, # 4 Exhibit (Description Required) Exhibits #1-7 of Jenny Clark Affidavit)No proposed order(Plumblee, Larry)
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Filing 376
ORDER of protection for L. Lee Plumblee from July 10-29, 2009. Signed by Magistrate Judge William M Catoe on 7/8/09. (ladd, )
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Filing 375
CONSENT ORDER granting 372 Motion for Extension of Time to File Response to 356 MOTION for Summary Judgment. Response to Motion due by 7/17/2009. Signed by Magistrate Judge William M Catoe on 7/7/09.(ladd, )
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Filing 374
Sealed Document in re document 329 . (Attachments: # 1 Exhibit 4 - Uhlig 30(b)(6) Depo Transcript, # 2 Exhibit 5 - CCM-01111 through 01187, # 3 Exhibit 7 - Docs bate stamped U04624-4625, # 4 Exhibit 9 - Docs bate stamped JAS000037-38; 028265-28266; 028274-28275; 010318-10321, # 5 Exhibit 10 - Docs bate stamped U02379-2381, # 6 Exhibit 12 - Docs bate stamped JAS029870-29871; 029912-29913; 033946-33950; PCS00199, # 7 Exhibit 13, Part 1 - Docs bate stamped UvS_WH_8_00418-421, # 8 Exhibit 13, Part 2 - Docs bate stamped UvS_WH_19_00710-715, # 9 Exhibit 13, Part 3 - Docs bate stamped UvS_WH_8_00966-973, # 10 Exhibit 13, Part 4 - Docs bate stamped UvS_WH_8_00974-980, # 11 Exhibit 13, Part 5 - Docs bate stamped UvS_WH_8_00981-988, # 12 Exhibit 14 - Docs bate stamped UvS_WH_8_00037-38; UvS_WH_19_00379-381; UvS_WH_8_0027-28, # 13 Exhibit 18 - Deposition transcript of Brian Cooper)(Marion, William)
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Filing 372
MOTION for Extension of Time to File Response/Reply as to 356 MOTION for Summary Judgment /I> by Cox CustomMedia Inc. Response to Motion due by 7/24/2009 Proposed order is being emailed to chambers with copy to opposing counselMotions referred to William M Catoe.(Bakker, Mark) Modified on 7/7/2009 to correct grammar (alew, ).
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Filing 371
Sealed Document in re document 363 . (Attachments: # 1 Exhibit C - Excerpts of 30(b)6 Deposition Transcript of Uhlig LLC, # 2 Exhibit G - Excerpts of Asset Purchase Agreement between CCM and Uhlig, # 3 Exhibit W - Contract between WSI and CCM dated 12.18.06, # 4 Exhibit Z - Request for Proposal from Holiday to Kristin Glascock at Illustratus, and Emails from Tess Aiello to Amanda Marcengill, # 5 Exhibit AA - Emails Regarding CCM Pricing, # 6 Exhibit BB - Emails between Chris Jones and Amanda Dorsey regarding CCM Files)(Gibbes, Frank)
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Filing 370
ORDER granting 330 Motion to Seal without opposition; granting 364 Motion to Seal Document without opposition. Signed by Magistrate Judge William M Catoe on 7/6/09.(ladd, )
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Filing 369
REPLY to Response to Motion re 329 MOTION for Summary Judgment (Partial) MOTION for Summary Judgment Response filed by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC. (Major, Denny) Modified text on 7/6/2009 (alew, ).
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Filing 368
REPLY to Response to Motion re 338 MOTION Confirm Confidentiality Designations of Damages Documents Response filed by UHLIG LLC. (Gibbes, Frank)
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Filing 367
DEFENDANT'S ID OF EXPERT WITNESSES by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC.(Marion, William)
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Filing 366
RESPONSE in Opposition re 337 MOTION for Partial Summary Judgment Response filed by UHLIG LLC.Reply to Response to Motion due by 7/2/2009 (Gibbes, Frank)
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Filing 365
RESPONSE in Opposition re 341 MOTION for Partial Summary Judgment Response filed by UHLIG LLC.Reply to Response to Motion due by 7/2/2009 (Gibbes, Frank)
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Filing 364
MOTION to Seal Document 363 Response in Opposition to Motion,,,,,,,,,, by UHLIG LLC. Response to Motion due by 7/10/2009 (Attachments: # 1 Exhibit A - Descriptive Index, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 363
RESPONSE in Opposition re 329 MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) Response filed by UHLIG LLC.Reply to Response to Motion due by 7/2/2009 (Attachments: # 1 Exhibit A - Uhlig's Third Supplemental Response to Shirley's Interrogatory No. 2, # 2 Exhibit B - Uhlig's Second Supplemental Responses to Shirley's First Interrogatories, # 3 Exhibit C - Excerpts of 30b6 Deposition Transcript of Uhlig, # 4 Exhibit D - Amended Notice of Taking 30b6 Deposition of Uhlig, # 5 Exhibit E - Excerpts of 30b6 Deposition Transcript of CCM, # 6 Exhibit F - 06.16.09 Letter from Bakker to Marion concerning CCM's 30b6 Deposition Designees, # 7 Exhibit G - Excerpts of Asset Purchase Agreement between CCM and Uhlig, # 8 Exhibit H - Affidavit of Mark Uhlig, # 9 Exhibit I - Excerpts of Deposition Transcript of John Adam Shirley, # 10 Exhibit J - Affidavit of David Galloway, # 11 Exhibit K - Affidavit of Cynthia Judd, # 12 Exhibit L - Affidavit of Tina M. Reusch, # 13 Summons M - Affidavit of Susan Tribble, # 14 Exhibit N - Affidavit of Jean E. Clow, # 15 Exhibit O - Affidavit of Sarah Z. Cordell, # 16 Exhibit P - Affidavit of Angela Diamantis, # 17 Exhibit Q - Affidavit of Randall Oliver, # 18 Exhibit R - Affidavit of Coolidge Sheppard, # 19 Exhibit S - Affidavit of Kelli Lawrence, # 20 Exhibit T - Affidavit of Cynthia Judd, # 21 Exhibit U - Uhlig's Responses to Shirley's First Interrogatories, # 22 Exhibit V - Gary Cox Confirmation, # 23 Exhibit W - Contract between WSI and CCM dated 12.18.06, # 24 Exhibit X - Excerpts of Deposition Transcript of Chris Jones, # 25 Exhibit Y - Excerpts of Deposition Transcript of Starla Brown, # 26 Exhibit Z - RFP from Holiday to Kristin Glascock at Illustratus, Emails from Aiello to Marcengill, # 27 Exhibit AA - Emails Regarding CCM Pricing, # 28 Exhibit BB - Emails between Chris Jones and Amanda Dorsey regarding CCM Files, # 29 Exhibit CC - Affidavit of Juliet A. Cox, # 30 Unpublished Decisions and Treatise Excerpts (Part 1), # 31 Unpublished Decisions and Treatise Excerpts (Part 2), # 32 Unpublished Decisions and Treatise Excerpts (Part 3))(Gibbes, Frank)
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Filing 362
REPLY to Response to Motion re 336 MOTION to Take Deposition from John Adam Shirley Response filed by UHLIG LLC. (Attachments: # 1 Unpublished Decisions and Treatise Excerpts)(Gibbes, Frank)
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Filing 361
REPLY to Response to Motion re 321 MOTION for Disclosure of Damages Calculation to Defendants Response filed by Todd Baldree, L1 Holdings Inc, L1 Technology LLC, L1 Land LLC. (Giese, Michael)
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Filing 360
RESPONSE in Opposition re 338 MOTION Confirm Confidentiality Designations of Damages Documents Response filed by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC.Reply to Response to Motion due by 7/2/2009 (Marion, William)
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Filing 359
REPLY to Response to Motion re 326 MOTION for Disclosure of Damages Calculations and Production of Materials Response filed by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC. (Marion, William)
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Filing 358
REPLY to Response to Motion re 327 MOTION Plaintiff Uhlig LLC's Motion to Confirm Designation of Documents Response filed by UHLIG LLC. (Gibbes, Frank)
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Filing 357
REPLY to Response to Motion re 325 MOTION to Substitute Party Response filed by UHLIG LLC. (Gibbes, Frank)
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Filing 356
MOTION for Summary Judgment as to Plaintiff Cox CustomMedia, Inc. by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC. Response to Motion due by 7/6/2009 (Attachments: # 1 Memo in Support, # 2 Exhibit 1 - Excerpts from Brian Cooper Deposition)No proposed order(Marion, William)
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Filing 355
REPLY to Response to Motion re 319 MOTION for Summary Judgment (Partial) filed by Amanda Dorsey. (Goldsmith, Mason) Modified to edit grammar on 6/17/2009 (alew, ).
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Filing 354
REPLY to Response to Motion re 314 MOTION to Compel Defendants to Answer Interrogatories and Produce Documents Response filed by UHLIG LLC. (Attachments: # 1 Exhibit A-Unpublished decisions). Modified to correct event type.(alew, )
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Filing 351
RESPONSE in Opposition re 325 MOTION to Substitute Party Response filed by Todd Baldree, L1 Holdings Inc, L1 Technology LLC, L1 Land LLC.Reply to Response to Motion due by 6/22/2009 (Attachments: # 1 Exhibit One - Correspondence from Uhlig to Baldree, # 2 Exhibit Two - Correspondence from Gibbes Burton dated April 9, 2008, # 3 Exhibit Three - Correspondence from Gibbes Burton dated May 21, 2008, # 4 Exhibit Four - Correspondence from Giese to Gibbes dated June 3, 2008, # 5 Exhibit Five - Discovery responses, # 6 Exhibit Six - South Carolina Secretary of State Good Standing)(Giese, Michael)
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Filing 350
Sealed Document in re document 338 . (Attachments: # 1 Exhibit B - First Redacted Woodside Report, # 2 Exhibit C - Second Redacted Woodside Report, # 3 Exhibit D - Documents Considered by Woodside in Preparation of Report)(Gibbes, Frank)
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Filing 349
Sealed Document in re document 314 . (Attachments: # 1 Exhibit J - Email Correspondence Between Defendant Shirley and Chris Jones)(Gibbes, Frank)
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Filing 348
Sealed Document in re document 333 -Exhibit C-Custom media Policy Manual Form-Dorsey. (Attachments: # 1 Exhibit R-Deposition Excerpts of Mark A. Uhlig, # 2 Exhibit S-Deposition Excerpts of Cynthia Judd, # 3 Exhibit X-Noncompetition and Nonsolicitation, # 4 Exhibit Y-Noncomeptition and Solicitation, # 5 Exhibit Z-Noncomepetition Agreement-Robert Taylor, # 6 Exhibit AA-Termination Agreement Gary Cox and Cox Newspapers, # 7 Exhibit BB-Termination Agreement Dave Galloway and Cox Custom Media, # 8 Exhibit CC-Sublease-Sublandlord to Progressive Printing, # 9 Exhibit EE-Cintas Invoices to Uhlig from June & July 2008, # 10 Exhibit FF-Uhlig Shipping Invoices from June, July, August 2008, # 11 Exhibit GG-Lease Modification Agreement)(Gibbes, Frank) Modified to add exhibit descriptions on 6/11/2009 (alew, ).
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Filing 347
RESPONSE in Opposition re 336 MOTION to Take Deposition from John Adam Shirley Response filed by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC.Reply to Response to Motion due by 6/22/2009 (Marion, William)
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Filing 344
RESPONSE in Opposition re 327 MOTION Plaintiff Uhlig LLC's Motion to Confirm Designation of Documents Response filed by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC.Reply to Response to Motion due by 6/19/2009 (Attachments: # 1 Exhibit 1 - CCM-01061 and CCM-01259, # 2 Exhibit 2 - Portion of Uhlig 30(b)(6) Deposition Testimony, # 3 Exhibit 3 - Uhlig's Objections and Responses to Shirley's 1st Requests for Production, # 4 Exhibit 4 - Uhlig's Objections and Responses to Prism's 1st Requests for Production, # 5 Exhibit 5 - CCM's Objections and Responses to Prism's 1st Requests for Production)(Marion, William)
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Filing 343
CONSENT ORDER extending deadline for defendants' reply to plaintiff's 333 response in opposition to 319 motion for partial summary judgment through 6/16/09; and extending deadline for plaintiff's response to 329 motion for partial summary judgment through 6/22/09. Signed by Magistrate Judge William M Catoe on 6/9/09. (ladd, )
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Filing 341
MOTION for Partial Summary Judgment by Jeremy Richardson. Response to Motion due by 6/23/2009 No proposed order(Rogers, John) (alew, ). Modified on 6/11/2009 to replace incorrect document with corrected document provided by filing user(alew, ).
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Filing 340
CONSENT ORDER granting 339 Motion to Seal Document. Signed by Magistrate Judge William M Catoe on 6/5/09.(ladd, )
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Filing 339
MOTION to Seal Document 338 MOTION Confirm Confidentiality Designations of Damages Documents by UHLIG LLC. Response to Motion due by 6/22/2009 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 338
MOTION Confirm Confidentiality Designations of Damages Documents by UHLIG LLC. Response to Motion due by 6/22/2009 (Attachments: # 1 Memo in Support of Plaintiff Uhlig's Motion to Confirm Confidentiality Designations of Damages Documents and in Opposition to Defendants' Motions for Disclosure, # 2 Exhibit A - Woodside Report - Filed Under Seal, # 3 Exhibit B - First Redacted Woodside Report - Filed Under Seal, # 4 Exhibit C - Second Redacted Woodside Report - Filed Under Seal, # 5 Exhibit D - Documents Considered by Woodside in Preparation of Report - Filed Under Seal, # 6 Exhibit E - Emails Among Counsel Regarding Information in Woodside Report, # 7 Exhibit F - Letter from L. Lee Plumblee to the Honorable William M. Catoe, dated June 2, 2009, # 8 Exhibit G - Definition of LAEO, # 9 Exhibit H - Unpublished Decisions and Excerpt from Treatise)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 337
MOTION for Partial Summary Judgment by Todd Baldree, L1 Holdings Inc, L1 Technology LLC, L1 Land LLC. Response to Motion due by 6/22/2009 No proposed order(Rutledge, Peter)
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Filing 336
MOTION to Resume Deposition of John Adam Shirley by UHLIG LLC. Response to Motion due by 6/22/2009 (Attachments: # 1 Memo in Support of Plaintiff Uhlig's Motion to Resume Deposition of Defendant John Adam Shirley, # 2 Exhibit A - Unpublished Decisions and Treatise Excerpts)No proposed order. Motions referred to William M Catoe.(Gibbes, Frank) Modified to edit text on 6/3/2009 (alew, ).
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Filing 335
CONSENT ORDER granting 334 Motion to Seal Document. Signed by Magistrate Judge William M Catoe on 6/2/09.(ladd, )
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Filing 334
MOTION to Seal Document 333 Response in Opposition to Motion,,,,,,,,, by UHLIG LLC. Response to Motion due by 6/19/2009 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 333
RESPONSE in Opposition re 319 MOTION for Summary Judgment (Partial) Response filed by UHLIG LLC.Reply to Response to Motion due by 6/11/2009 (Attachments: # 1 Exhibit A - Plaintff Uhlig Second Supplemental Responses to John Adam Shirley's First Interrogatories, # 2 Exhibit B - Policy and Procedures Manual for Cox Custom Media, # 3 Exhibit C - Filed Under Seal, # 4 Exhibit D - Affidavit of Cynthia Judd, # 5 Exhibit E - Affidavit of Tina M. Reusch, # 6 Exhibit F - Affidavit of Susan Tribble, # 7 Exhibit G - Affidavit of Jean E. Clow, # 8 Exhibit H - Affidavit of Sarah Z. Cordell, # 9 Exhibit I - Affidavit of Angela Diamantis, # 10 Exhibit J - Affidavit of Randall Oliver, # 11 Exhibit K - Affidavit of Coolidge Sheppard, # 12 Exhibit L - Affidavit of David Galloway, # 13 Exhibit M - Affidavit of D. Jordan Whichard, III, # 14 Exhibit N - Affidavit of Tina M. Reusch, # 15 Summons O - Affidavit of Mark Uhlig, # 16 Exhibit P - Affidavit of Mark A. Uhlig, # 17 Exhibit Q - Affidavit of Cynthia Judd, # 18 Exhibit R - Filed Under Seal, # 19 Exhibit S - Filed Under Seal, # 20 Exhibit T - Affidavit of Kelli Lawrence, # 21 Exhibit U - Plaintiff Uhlig's Objections and Responses to Defendant's First Interrogatories, # 22 Exhibit V - Deposition of John Adam Shirley, # 23 Exhibit W - Noncompetition and Nonsolicitation Agreement between Cox Custom Media and John Adam Shirley, # 24 Exhibit X - Filed Under Seal, # 25 Exhibit Y - Filed Under Seal, # 26 Exhibit Z - Filed Under Seal, # 27 Exhibit AA - Filed Under Seal, # 28 Exhibit BB - Filed Under Seal, # 29 Exhibit CC - Filed Under Seal, # 30 Exhibit DD - Affidavit of Kelly Schoen in Opposition to Motion for Summary Judgment of Amanda Dorsey Marcengill, # 31 Exhibit EE - Filed Under Seal, # 32 Exhibit FF - Filed Under Seal, # 33 Exhibit GG - Filed Under Seal, # 34 Exhibit HH - Affidavit of Juliet A. Cox, # 35 Exhibit II - Part 1 - Unpublished Decisions and Excerpts from Treatises and Law Reviews, # 36 Exhibit II - Part 2 - Unpublished Decisions and Excerpts from Treatises and Law Reviews, # 37 Exhibit II - Part 3 - Unpublished Decisions and Excerpts from Treatises and Law Reviews)(Gibbes, Frank) Modified to edit text on 6/2/2009 (alew, ).
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Filing 332
RESPONSE in Opposition re 314 MOTION to Compel Defendants to Answer Interrogatories and Produce Documents Response filed by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC.Reply to Response to Motion due by 6/11/2009 (Major, Denny)
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Filing 331
SUPPLEMENT by UHLIG LLC to 327 MOTION Plaintiff Uhlig LLC's Motion to Confirm Designation of Documents. (Gibbes, Frank)
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Filing 330
MOTION to Seal Documents by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC. Response to Motion due by 6/15/2009 (Attachments: # 1 Memo in Support, # 2 Exhibit A, non-confidential, descriptive index of documents and letter from Juliet Cox dated May 19, 2009, # 3 Exhibit B, certificate of compliance)No proposed orderMotions referred to William M Catoe.(Major, Denny)
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Filing 329
MOTION for Summary Judgment (Partial) by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC. Response to Motion due by 6/15/2009 (Attachments: # 1 Memo in Support (public version), # 2 Exhibit 1, Portions of the Asset Purchase Agreement Between Cox CustomMedia, Inc. and Uhlig, LLC, # 3 Exhibit 2, Portions of a draft of the Asset Purchase Agreement between CCM and Uhlig, LLC, # 4 Exhibit 3, Portions of a draft of the Asset Purchase Agreement, # 5 Exhibit 4, Portions of the Transcript of the deposition of Mark A. Uhlig, as corporate representative for Uhlig, LLC, # 6 Exhibit 5, Cox CustomMedia, Inc. Accounts Receivable Aging Report as of Jan 31, 2008, # 7 Exhibit 6, Uhlig LLC's Objections and Responses to Defendant Prism Content Solutions LLC's First Set of Interrogatories, # 8 Exhibit 7, Expectations and Responsibilities of a Production Coordinator and Cornerstone Formatter, # 9 Exhibit 8, Letter from Juliet A. Cox to Upstate Business Services, LLC dated July 2, 2008, # 10 Exhibit 9, Examples of customer specifications provided to Prism Content Solutions, LLC, # 11 Exhibit 10, E-mail from M.A. Uhlig to Chris Kiselich dated June 10, 2008, # 12 Exhibit 11, Examples of Order Forms from CCM with accompanying copyright applications filed by Uhlig, LLC, # 13 Exhibit 12, Examples of customers providing quantity information to Prism Content Solutions, LLC, # 14 Exhibit 13, Examples of brochures containing CCM pricing information, # 15 Summons 14, Examples of letters from CCM to prospects containing CCM pricing information, # 16 Exhibit 15, Portions of patent application filed by Uhlig, LLC, # 17 Exhibit 16, E-mail from Wilhelm, Richard to Albert, Mitchell dated February 20, 2008, # 18 Exhibit 17, Unpublished Opinions, # 19 Exhibit 18, Transcript of the deposition of Brian Cooper, corporate representative for Cox CustomMedia, Inc.)No proposed order(Major, Denny)
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Filing 328
MOTION to Seal Plaintiff's Expert Report and Related Documents by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC. Response to Motion due by 6/15/2009 (Attachments: # 1 Memo in Support, # 2 Exhibit A - Descriptive Index of Documents at Issue, # 3 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Marion, William)
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Filing 327
MOTION Plaintiff Uhlig LLC's Motion to Confirm Designation of Documents by UHLIG LLC. Response to Motion due by 6/15/2009 (Attachments: # 1 Memo in Support of Plaintiff Uhlig, LLC's Motion to Confirm Designation of Documents, # 2 Exhibit A - Uhlig Designations, # 3 Exhibit B - Shirley Challenges to Uhlig Designations, # 4 Exhibit C - Definition LAEO)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 326
MOTION for Disclosure of Damages Calculations and Production of Materials by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC. Response to Motion due by 6/15/2009 (Attachments: # 1 Memo in Support, # 2 Exhibit 1 - Expert Report of Perry Woodside, III (unredacted version), # 3 Exhibit 2 - Uhlig Independent Auditors' Report and Consolidated Financial Statement for 12/31/08, # 4 Exhibit 3 - Adam Shirley Draft Consulting Agreement with Uhlig dated March 2008, # 5 Exhibit 4 - Uhlig Valuation Notes for CCM Purchase Agreement, # 6 Exhibit 5 - Uhlig-CCM Revenue Analysis dated 2/15/08, # 7 Exhibit 6 - CCM Working Capital and Mark's Recap Grid, # 8 Exhibit 7 - Email from Marion to Gibbes re: Uhlig damages docs and expert opinion dated 5/15/09, # 9 Exhibit 8 - Email from Marion to Gibbes and Cox re: Uhlig-Economic expert report dated 5/19/09)No proposed orderMotions referred to William M Catoe.(Marion, William)
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Filing 325
MOTION to Substitute Party by UHLIG LLC. Response to Motion due by 6/15/2009 (Attachments: # 1 Memo in Support of Motion to Remedy Misjoinder and Nonjoinder of Party, # 2 Exhibit A - L1 Holdings Inc.'s Registered Agent Information, # 3 Exhibit B - Treatise Excerpt)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 324
ORDER granting 315 Motion to Seal Document without opposition; granting 316 Motion to Seal Document without opposition; granting 322 Motion to Seal Document without opposition; denying 323 Motion for expedited briefing and hearing. Signed by Magistrate Judge William M Catoe on 5/26/09.(ladd, )
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Filing 323
MOTION for an order requiring the plaintiff to respond to motion within seven days as opposed to fifteen days re 321 MOTION for Disclosure of Damages Calculation to Defendants, and/or MOTION for Hearing. ( Response to Motion due by 6/8/2009) by Todd Baldree, L1 Holdings Inc, L1 Technology LLC, L1 Land LLC. Modified to include additional motion reliefs. No proposed orderMotions referred to William M Catoe.(alew, ) Modified to edit text on 5/22/2009 (alew, ).
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Filing 322
MOTION to Seal Document by Todd Baldree, L1 Holdings Inc, L1 Technology LLC, L1 Land LLC. Response to Motion due by 6/8/2009 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance, # 3 Memo in Support)No proposed orderMotions referred to William M Catoe.(Rutledge, Peter)
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Filing 321
MOTION for Disclosure of Damages Calculation to Defendants by Todd Baldree, L1 Holdings Inc, L1 Technology LLC, L1 Land LLC. Response to Motion due by 6/8/2009 (Attachments: # 1 Memo in Support, # 2 April 4, 2008 letter, # 3 Deposition Exhibit 229, # 4 Deposition Exhibit 234)No proposed orderMotions referred to William M Catoe.(Rutledge, Peter)
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Filing 319
MOTION for Summary Judgment (Partial) by Amanda Dorsey. Response to Motion due by 6/1/2009 (Attachments: # 1 Memo in Support of Motion for Partial Summary Judgment, # 2 Exhibit 1, Part 1 - Judd Deposition - Redacted, # 3 Exhibit 1, Part 2 - Judd Deposition - Redacted, # 4 Exhibit 1, Part 3 - Judd Deposition - Redacted, # 5 Exhibit 1, Part 4, Judd Deposition - Redacted, # 6 Exhibit 1, Part 5 - Exhibit 1 to Judd Deposition, # 7 Exhibit 2 - 6/4/07 Letter from Wiatrowski to Ranes; and CCM & Progressive Printing Outsourcing Agreement, # 8 Exhibit 3 - 5/5/08 Letter from Cox to Marion, # 9 Exhibit 4 - Unpublished Opinions)No proposed order(Goldsmith, Mason) Modified on to correct filing and response dates 5/18/2009 (alew, ).
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Filing 316
MOTION to Seal Document by Amanda Dorsey. Response to Motion due by 6/1/2009 (Attachments: # 1 Memo in Support of Motion to File Under Seal, # 2 Exhibit A - Descriptive Index, # 3 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Goldsmith, Mason)
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Filing 315
MOTION to Seal Document 314 MOTION to Compel Defendants to Answer Interrogatories and Produce Documents by UHLIG LLC. Response to Motion due by 6/1/2009)No proposed order. Motions referred to William M Catoe.(Gibbes, Frank) (Additional attachment(s) added on 5/15/2009: # 1 Exhibit A-Descriptive Index of Documents at Issue, # 2 Exhibit B-Certificate of Compliance) (alew, ). Modified to replace incorrect document with correct document as provided by filing user on 5/15/2009 (alew, ). Modified to edit text on 5/15/2009 (alew, ).
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Filing 314
MOTION to Compel Defendants to Answer Interrogatories and Produce Documents by UHLIG LLC. Response to Motion due by 6/1/2009 (Attachments: # 1 Exhibit A - Defendant John Adam Shirley's Responses to Plaintiff's First Interrogatories to Defendant, # 2 Exhibit B - Defendant Prism Content Solutions, LLC's Responses to Plaintiff's First Interrogatories, # 3 Exhibit C - Defendant Prism Content Solutions, LLC's Responses to Plaintiff's First Request for Production of Documents and Things & Defendant Prism Content Solutions, LLC's Supplemental Responses to Plaintiff's First Request for Production of Documents and Things, # 4 Exhibit D - Letter from Ms. Cox to Mr. Marion dated July 24, 2008, # 5 Exhibit E - Letter from Mr. Vahle to Mr. Marion dated February 2, 2009, # 6 Exhibit F - Emails exchanged between Ms. Cox and Mr. Marion, # 7 Exhibit G - Letter from Mr. Marion to Mr. Gibbes and Ms. Cox dated February 20, 2009, # 8 Exhibit H - Letter from Mr. Marion to Ms. Cox dated August 21, 2008, # 9 Exhibit I - Filed Under Seal, # 10 Exhibit J - Filed Under Seal)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 313
SUPPLEMENT by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC Supplemental Disclosure regarding Computer Forensics Expert Report. (Marion, William) Modified to add filers listed on document on 5/7/2009 (alew, ).
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Filing 312
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Motion hearing by telephone held on 04/23/2009, before Judge William M. Catoe. Court Reporter/Transcriber Jean L. Cole, Telephone number (864)235-4862. 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 have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 5/26/2009. Redacted Transcript Deadline set for 6/4/2009. Release of Transcript Restriction set for 8/3/2009. (jcole, )
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Filing 311
PLAINTIFF'S ID OF EXPERT WITNESSES by UHLIG LLC.(Gibbes, Frank)
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Filing 310
TELEPHONE CONFERENCE held 4/23/09 before Magistrate Judge William M. Catoe. Plaintiff's 273 Motion to Compel and defendants' [275[ Motion for Protective Order are granted in part and denied in part. Within a reasonable time, the parties are directed to proceed with electronic discovery with the following procedure: Initially, only the computers of Mr. Shirley and Ms. Dorsey will be searched. The searches are limited to creation dates between January 1, 2008, and June 1, 2008, and the burden is on the plaintiff to narrow the "Priority Search Terms" to 15 search terms and the document names to be searched to 700. If the parties can agree on a reasonable procedure for electronic discovery, they may submit such agreement to the court and the foregoing procedure will be so amended. After the foregoing discovery is completed, the court will reconvene a hearing as to further discovery. Court Reporter Jean Cole. (ladd, )
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Filing 309
Letter from W. Francis Marion, Jr. to Judge Catoe regarding search of Defendant Shirley's computers. (Attachments: # 1 Letter to Julie Cox)(Marion, William)
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Filing 308
NOTICE of Telephone Hearing on 273 Motion to Compel and 275 Motion for Protective Order : Motions Hearing set for 4/23/2009 09:00 AM in Greenville #4, Clement F Haynsworth Fed Bldg, 300 E Washington St., Greenville before Magistrate Judge William M Catoe. (ladd, )
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Filing 307
SUPPLEMENT by John Adam Shirley, Prism Content Solutions LLC to 275 MOTION for Protective Order. (Attachments: # 1 Exhibit 1 - Affidavit of Mark Vanvick, # 2 Exhibit 2 - Affidavit of Thomas Molin, # 3 Exhibit 3 - Affidavit of Guy Johnson)(Marion, William)
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Filing 306
Letter from W. Francis Marion, Jr. to Judge Catoe regarding Defendant Shirley's deposition and pending motions. (Marion, William)
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Filing 305
SUPPLEMENT by UHLIG LLC re: Computer Forensics Expert Report. Modified 4/7/09 to correct event type. (alew, )
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Filing 302
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Motion Hearing held on 4/2/09, before Judge William M. Catoe. Court Reporter Karen E. Martin, Telephone number 864-233-2624. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 4/27/2009. Redacted Transcript Deadline set for 5/7/2009. Release of Transcript Restriction set for 7/6/2009. (kmartin)
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Filing 301
ORDER regarding the Smith Hines Road documents. Signed by Magistrate Judge William M Catoe on 4/3/09. (ladd, )
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Filing 300
Minute Entry. Proceedings held before Magistrate Judge William M Catoe: Telephone Conference held on 4/2/2009 as to 273 plaintiff's motion to compel and 275 defendants' motion for protective order. The parties are directed to schedule the deposition of defendant John Adam Shirley for a date on or before 4/17/09. On or before 4/22/09, the parties are to agree on a reasonable procedure for electronic discovery and submit such agreement to the court. Motions 273 and 275 will be held in abeyance until that time. Court Reporter Karen Martin. (ladd, )
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Filing 299
REPLY to Response to Motion re 283 MOTION for Summary Judgment Response filed by L1 Holdings Inc, L1 Land LLC. (Rutledge, Peter)
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Filing 298
DELETION OF ENTRY NUMBER 296. Reason: duplicate of 297.Corrected Filing Document Number 297 . Modified filing date to that of original filing: 3/30/09. (jtho, )
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Filing 297
NOTICE of Telephone Hearing on 273 MOTION to Compel and 275 MOTION for Protective Order : Motions Hearing set for 4/2/2009 09:00 AM in Greenville #4, Clement F Haynsworth Fed Bldg, 300 E Washington St., Greenville before Magistrate Judge William M Catoe. Dial-in instructions will be emailed to the parties.(ladd, )
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Filing 295
ORDER finding as moot 289 Motion to Amend Scheduling Order, based on filing of 291 Fourth Amended Scheduling Order. Signed by Magistrate Judge William M Catoe on 3/25/09.(ladd, )
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Filing 294
RESPONSE in Opposition re 283 MOTION for Summary Judgment Response filed by UHLIG LLC.Reply to Response to Motion due by 4/3/2009 (Attachments: # 1 Exhibit A - Plaintiff's First Request for the Production of Documents and Things to Defendant L1 Holdings, Inc., # 2 Exhibit B - Defendant L1 Holdings, Inc.'s Answers to Plaintiff's First Interrogatories and Response to Request for Production, # 3 Exhibit C - Plaintiff's First Request for the Production of Documents and Things to Defendant L1 Land, LLC, # 4 Exhibit D - Defendant L1 Land, LLC's Answers to Plaintiff's First Interrogatories and Response to Request for Production, # 5 Exhibit E - Affidavit of Juliet A. Cox, # 6 Exhibit F - Documents Produced by Defendant Baldree Pursuant to Subpoena, # 7 Exhibit G - Letter from Mr. Vahle to Mr. Giese and Mr. Marcinak dated January 27, 2009, # 8 Exhibit H - Unpublished Decisions and Treatise Excerpt)(Gibbes, Frank)
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Filing 293
RESPONSE in Opposition re 273 MOTION to Compel Searches of Escrowed Computers and Compliance with the Court's Computer Protocol Order (Opposition to Uhlig's Supplemental Memorandum in Support of its Motion) 290 Response filed by John Adam Shirley, Prism Content Solutions LLC.Reply to Response to Motion due by 4/2/2009 (Attachments: # 1 Exhibit 1 - Uhlig's Objections and Responses to Defendant's First Interrogatories, # 2 Exhibit 2 - CCM Website Screenshots, # 3 Exhibit 3 - CCM Produced Documents)(Marion, William) Modified on 3/24/2009 to link correct event to associated event(alew, ).
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Filing 292
FIFTH AMENDED SCHEDULING ORDER. Rule 26(a)(3) Disclosures due by 9/8/2009, Pretrial Briefs due by 9/30/2009, Jury Selection Deadline 10/7/2009. Signed by Magistrate Judge William M Catoe on 3/16/09. (ladd, )
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Filing 291
FOURTH CONSENT AMENDED SCHEDULING ORDER. Supplemental computer forensic expert reports due from plaintiff by 4/6/2009 and from defendants by 5/6/2009, Plaintiff's ID of Expert Witnesses due by 5/1/2009, Defendants' ID of Expert Witnesses due by 6/29/2009, Records Custodian Affidavits due by 7/1/2009, Discovery due by 7/31/2009, Mediation Due by 7/31/2009, Motions in Limine due by 8/14/2009, Motions due by 8/14/2009, Rule 26(a)(3) Disclosures due by 9/18/2009, Pretrial Briefs due by 10/9/2009, Jury Selection Deadline 10/19/2009. Signed by Magistrate Judge William M Catoe on 3/16/09. (ladd, )
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Filing 290
SUPPLEMENT by UHLIG LLC to 273 MOTION to Compel Searches of Escrowed Computers and Compliance with the Court's Computer Protocol Order. (Attachments: # 1 Exhibit A - Plaintiff Uhlig's Supplemental Responses)(Gibbes, Frank)
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Filing 289
Consent MOTION to Amend/Correct 202 Scheduling Order,,, by UHLIG LLC, John Adam Shirley. Response to Motion due by 3/30/2009 Proposed order is being emailed to chambers with copy to opposing counselMotions referred to William M Catoe.(Marion, William)
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Filing 288
CONSENT ORDER granting 287 Motion to Seal. Signed by Magistrate Judge William M Catoe on 3/12/09.(ladd, )
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Filing 287
MOTION to Seal by John Adam Shirley, Prism Content Solutions LLC. Response to Motion due by 3/30/2009 (Attachments: # 1 Memo in Support, # 2 Exhibit A - Descriptive Index, # 3 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Marion, William)
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Filing 286
REPLY to Response to Motion re 275 MOTION for Protective Order Response filed by John Adam Shirley, Prism Content Solutions LLC. (Attachments: # 1 Exhibit 1 - To Be Filed Under Seal, # 2 Exhibit 2 - To Be Filed Under Seal, # 3 Exhibit 3 - 12/1/08 Letter from J. Cox to F. Marion, # 4 Exhibit 4 - 1/15-16/09 Email String Between J. Cox and F. Marion)(Marion, William)
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Filing 285
REPLY to Response to Motion re 273 MOTION to Compel Searches of Escrowed Computers and Compliance with the Court's Computer Protocol Order Response filed by UHLIG LLC. (Attachments: # 1 Exhibit 1 - Unreported Decision)(Gibbes, Frank)
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Filing 283
MOTION for Summary Judgment by L1 Holdings Inc, L1 Land LLC. Response to Motion due by 3/24/2009 (Attachments: # 1 Memo in Support, # 2 Uhlig's Responses to Interrogatories, # 3 Affidavit of Todd Baldree in Support of Motion for Summary Judgment)No proposed order(Giese, Michael)
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Filing 282
RESPONSE in Opposition re 273 MOTION to Compel Searches of Escrowed Computers and Compliance with the Court's Computer Protocol Order Response filed by John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC.Reply to Response to Motion due by 3/16/2009 (Marion, William)
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Filing 281
RESPONSE in Opposition re 275 MOTION for Protective Order Response filed by UHLIG LLC.Reply to Response to Motion due by 3/16/2009 (Attachments: # 1 Exhibit 1 - Plaintiff Uhlig LLC's Second Amended Designation of Deposition Witnesses)(Gibbes, Frank)
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Filing 280
Sealed Document, Exhibit A in re document 273 . (Attachments: # 1 Exhibit C - Part 1 - Document Filed Under Seal, # 2 Exhibit C - Part 2 - Document Filed Under Seal)(Gibbes, Frank) Modified on 2/25/2009 to edit text (alew, ).
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Filing 278
CONSENT ORDER granting 274 Motion to Seal Document; granting 276 Motion to Seal. Signed by Magistrate Judge William M Catoe on 2/20/09.(ladd, )
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Filing 277
DELETION OF ENTRY NUMBER 272 Reason: per attorney request. (alew, )
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Filing 276
MOTION to Seal by John Adam Shirley, Prism Content Solutions LLC. Response to Motion due by 3/9/2009 (Attachments: # 1 Memo in Support, # 2 Exhibit A - Descriptive Index, # 3 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Marion, William)
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Filing 275
MOTION for Protective Order by John Adam Shirley, Prism Content Solutions LLC. Response to Motion due by 3/9/2009 (Attachments: # 1 Memo in Support, # 2 Exhibit 1 - Declaration of John Adam Shirley, # 3 Exhibit 2 - 2/6/09 Letter from B. Vahle to F. Marion, # 4 Exhibit 3 - 12/10/08 Email from F. Beal to D. Major, # 5 Exhibit 4 - 12/15/08 Letter from F. Marion to Plaintiff Attorneys, # 6 Exhibit 5 - 12/14/08 Email from F. Beal to B. Vahle, # 7 Exhibit 6 - 12/15/08 Email from F. Beal to F. Marion, # 8 Exhibit 7 - Filed Under Seal, # 9 Exhibit 8 - 12/20/08 Email from F. Beal to F. Marion, # 10 Exhibit 9 - 1/30/09 Letter from F. Marion to F. Gibbes and J. Cox, # 11 Exhibit 10 - Plaintiff's 2/17/09 Proposed Depo Schedule, # 12 Exhibit 11 - Screen Shot of CCM Website, # 13 Exhibit 12 - Industry Lists)No proposed orderMotions referred to William M Catoe.(Marion, William)
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Filing 274
MOTION to Seal Document 273 MOTION to Compel Searches of Escrowed Computers and Compliance with the Court's Computer Protocol Order to Exhibit A and Exhibit C by UHLIG LLC. Response to Motion due by 3/9/2009 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 273
MOTION to Compel Searches of Escrowed Computers and Compliance with the Court's Computer Protocol Order by UHLIG LLC. Response to Motion due by 3/9/2009 (Attachments: # 1 Exhibit A - Filed Under Seal, # 2 Exhibit B - Letter from Mr. Marion dated December 15, 2008, # 3 Exhibit C - Filed Under Seal, # 4 Exhibit D - Letter from Mr. Marion dated January 30, 2009, # 5 Exhibit E - Letter from Mr. Vahle dated February 6, 2009, # 6 Exhibit F - Letter from Mr. Marion dated February 18, 2009, # 7 Exhibit G - Unpublished Decision)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 270
RESPONSE in Opposition re 266 MOTION to Amend/Correct 226 Answer to Amended Complaint, Counterclaim Motion for Leave to Amend Counterclaims , 264 MOTION to Amend/Correct, 253 First MOTION to Amend/Correct Answer, 265 MOTION to Amend/Correct 205 Amended Answer to Complaint, Counterclaim Motion for Leave to Amend Counterclaims Response filed by UHLIG LLC.Reply to Response to Motion due by 2/17/2009 (Gibbes, Frank) Modified on 2/6/2009 to edit text(alew, ).
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Filing 269
REPLY to Response to Motion re 241 MOTION to Dismiss Defendant Prism's Counterclaims Response filed by UHLIG LLC. (Attachments: # 1 Exhibit A - Unpublished Decisions)(Gibbes, Frank)
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Filing 268
REPLY to Response to Motion re 242 MOTION to Dismiss Individual Defendants Amanda Dorsey's, Jeremy Richardson's, Nathan Holman's and Jennifer Clark's Counterclaims Response filed by UHLIG LLC. (Attachments: # 1 Exhibit A - Unpublished Decisions)(Gibbes, Frank)
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Filing 267
REPLY to Response to Motion re 240 MOTION to Dismiss Defendant Eventelope's Counterclaims Response filed by UHLIG LLC. (Gibbes, Frank)
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Filing 266
MOTION to Amend/Correct 226 Answer to Amended Complaint, Counterclaim Motion for Leave to Amend Counterclaims by Prism Content Solutions LLC. Response to Motion due by 2/20/2009 (Attachments: # 1 Exhibit A - Proposed Amended Answer and Counterclaims by Prism, # 2 Memo in Support of Motion for Leave to Amend Counterclaims)No proposed orderMotions referred to William M Catoe.(Marion, William)
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Filing 265
MOTION to Amend/Correct 205 Amended Answer to Complaint, Counterclaim Motion for Leave to Amend Counterclaims by John Adam Shirley. Response to Motion due by 2/20/2009 (Attachments: # 1 Exhibit A - Proposed Second Amended Answer and Counterclaims by Shirley, # 2 Memo in Support Memo in Support of Motion for Leave to Amend Counterclaims)No proposed orderMotions referred to William M Catoe.(Marion, William)
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Filing 264
MOTION to Amend/Correct by Jennifer Clark. Response to Motion due by 2/17/2009 (Attachments: # 1 Memo in Support, # 2 Main Document, # 3 Exhibit)No proposed orderMotions referred to William M Catoe.(Plumblee, Larry)
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Filing 260
RESPONSE in Opposition re 242 MOTION to Dismiss Individual Defendants Amanda Dorsey's, Jeremy Richardson's, Nathan Holman's and Jennifer Clark's Counterclaims Response filed by Nathan Holman.Reply to Response to Motion due by 2/9/2009 (Morgan, Grenville) (alew, ). Modified on 1/29/2009 to replace incorrect document with correct document as provided by filing user (alew, ).
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Filing 259
DELETION OF ENTRY NUMBER 259 Reason: attorney refiled the document again. Corrected Filing Document Number 257 (alew, )
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Filing 258
DELETION OF ENTRY NUMBER 258 Reason: per attorney request. Refiled because he thought previous filing 257 was unreadable. (alew, ) Modified on 1/28/2009 to edit text(alew, ).
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Filing 263
RESPONSE in Opposition re 242 MOTION to Dismiss Individual Defendants Amanda Dorsey's, Jeremy Richardson's, Nathan Holman's and Jennifer Clark's Counterclaims Response filed by Amanda Dorsey.Reply to Response to Motion due by 2/6/2009; modified to correct event type. (alew, )
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Filing 257
RESPONSE in Opposition re 242 MOTION to Dismiss Individual Defendants Amanda Dorsey's, Jeremy Richardson's, Nathan Holman's and Jennifer Clark's Counterclaims Response filed by Jeremy Richardson.Reply to Response to Motion due by 2/6/2009 (Rogers, John)
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Filing 256
MOTION to Amend/Correct 255 Amended Answer to Complaint, Counterclaim by Jennifer Clark. Response to Motion due by 2/17/2009 (Attachments: # 1 Memo in Support)No proposed orderMotions referred to William M Catoe.(Plumblee, Larry)
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Filing 255
AMENDED ANSWER to Second Amended Complaint, Second COUNTERCLAIM against all plaintiffs by Jennifer Clark. (Attachments: # 1 Exhibit Exhibits 1-3)(Plumblee, Larry)
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Filing 254
RESPONSE in Opposition re 242 MOTION to Dismiss Individual Defendants Amanda Dorsey's, Jeremy Richardson's, Nathan Holman's and Jennifer Clark's Counterclaims Response filed by Jennifer Clark.Reply to Response to Motion due by 2/6/2009 (Plumblee, Larry)
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Filing 253
First MOTION to Amend/Correct Answer by Amanda Dorsey. Response to Motion due by 2/17/2009 (Attachments: # 1 Memo in Support of Motion to Amend Answer of Amanda Dorsey, # 2 Exhibit Amended Answer of Amanda Dorsey, # 3 Exhibit April 4, 2008 Letter)No proposed orderMotions referred to William M Catoe.(Goldsmith, Mason)
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Filing 251
RESPONSE in Opposition re 240 MOTION to Dismiss Defendant Eventelope's Counterclaims Response filed by Eventelope LLC.Reply to Response to Motion due by 2/6/2009 (Marion, William)
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Filing 250
RESPONSE in Opposition re 241 MOTION to Dismiss Defendant Prism's Counterclaims Response filed by Prism Content Solutions LLC.Reply to Response to Motion due by 2/6/2009 (Attachments: # 1 Exhibit 1 - Uhlig's Amended Designation of Initial Round of Deposition Witnesses, # 2 Exhibit 2 - Court opinion)(Marion, William)
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Filing 249
STIPULATION of Dismissal With Prejudice of Defendant Nathan Holman's Counterclaim for Defamation by UHLIG LLC, Nathan Holman (Gibbes, Frank) Modified on 1/27/2009 to add filer listed on document(alew, ).
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Filing 248
REPLY to Response to Motion re 236 MOTION to Dismiss Defendant Shirley's Counterclaims Response filed by UHLIG LLC. (Attachments: # 1 Exhibit A - Unpublished Decisions)(Gibbes, Frank)
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Filing 247
REPLY to Response to Motion re 235 MOTION to Dismiss Defendants' Counterclaims Response filed by Cox CustomMedia Inc. (Bakker, Mark)
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Filing 246
RESPONSE in Opposition re 235 MOTION to Dismiss Defendants' Counterclaims Response filed by John Adam Shirley.Reply to Response to Motion due by 1/23/2009 (Marion, William)
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Filing 245
RESPONSE in Opposition re 236 MOTION to Dismiss Defendant Shirley's Counterclaims Response filed by John Adam Shirley.Reply to Response to Motion due by 1/23/2009 (Attachments: # 1 Exhibit A - Uhlig's Designation of Initial Round of Deposition Witnesses, # 2 Exhibit B - Unpublished Opinions)(Marion, William)
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Filing 244
CONSENT JOINT CONFIDENTIALITY ORDER, granting 243 Motion for Confidentiality Order. Signed by Magistrate Judge William M Catoe on 1/12/09.(ladd, )
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Filing 243
Joint MOTION for Confidentiality Order by UHLIG LLC, CoxCustom Media Inc, Amanda Dorsey, Jeremy Richardson, Nathan Holman, Jennifer Clark, John Adam Shirley, Prism Content Solutions LLC, Eventelope LLC, Todd Baldree, L1 Holdings, Inc., L1 Technology, LLC, L1 Land LLC. Response to Motion due by 1/30/2009 Proposed order is being emailed to chambers with copy to opposing counsel. Motions referred to William M Catoe.(Gibbes, Frank) Modified on 1/13/2009 to add filers listed on document(alew, ).
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Filing 242
MOTION to Dismiss Individual Defendants Amanda Dorsey's, Jeremy Richardson's, Nathan Holman's and Jennifer Clark's Counterclaims by UHLIG LLC. Response to Motion due by 1/27/2009 (Attachments: # 1 Memo in Support of Motion to Dismiss Individual Defendants' Counterclaims, # 2 Exhibit A - Unpublished Decisions)No proposed order(Gibbes, Frank)
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Filing 241
MOTION to Dismiss Defendant Prism's Counterclaims by UHLIG LLC. Response to Motion due by 1/27/2009 (Attachments: # 1 Memo in Support of Motion to Dismiss Defendant Prism's Counterclaims, # 2 Exhibit A - Unpublished Decisions)No proposed order(Gibbes, Frank)
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Filing 240
MOTION to Dismiss Defendant Eventelope's Counterclaims by UHLIG LLC. Response to Motion due by 1/27/2009 (Attachments: # 1 Memo in Support of Motion to Dismiss Eventelope's Counterclaims, # 2 Exhibit A - Unpublished Decisions)No proposed order(Gibbes, Frank)
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Filing 239
ORDER amending 202 Scheduling Order to extend deposition schedule deadline to 1/19/08. Signed by Magistrate Judge William M Catoe on 1/5/09. (ladd, )
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Filing 238
Letter from W. Francis Marion, Jr. requesting additional 10 days beyond 1/5/09 to complete deposition schedule. (ladd, )
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Filing 237
Local Rule 26.01 Answers to Interrogatories by Todd Baldree, L1 Holdings Inc, L1 Technology LLC, L1 Land LLC.(Marcinak, Casper)
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Filing 236
MOTION to Dismiss Defendant Shirley's Counterclaims by UHLIG LLC. Response to Motion due by 1/12/2009 (Attachments: # 1 Memo in Support Motion to Dismiss Defendant Shirley's Counterclaims, # 2 Exhibit Affidavit of Mark Uhlig, # 3 Exhibit Unpublished Decision #1, # 4 Exhibit Unpublished Decision #2)No proposed order(Gibbes, Frank)
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Filing 235
MOTION to Dismiss Defendants' Counterclaims by Cox CustomMedia Inc. Response to Motion due by 1/12/2009 (Attachments: # 1 Memo in Support of Its Motion to Dismiss, # 2 Exhibit A - Amended Answer of Defendant John Shirley to Second Amended Complaint and Counterclaims Against Plaintiff, # 3 Exhibit B - Unpublished Decisions)No proposed order(Bakker, Mark)
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Filing 234
ORDER granting in part and denying in part 112 Motion to Compel. Signed by Magistrate Judge William M Catoe on 12/12/08.(ladd, )
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Filing 233
DELETION OF ENTRY NUMBER 227 Reason: scanned. Corrected Filing Document Number 232 Modified filing date to that of original filing: 12/10/2008 (alew, )
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Filing 230
DELETION OF ENTRY NUMBER 224 Reason: incorrect event used. Corrected Filing Document Number 228 Modified filing date to that of original filing: 12/10/2008 (alew, )
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Filing 232
Defendant Nathan Holman's ANSWER to 167 Amended Complaint,, COUNTERCLAIM against all plaintiffs by Nathan Holman.(Morgan, Grenville) Modified on 12/12/2008 to correct filing date(alew, ).
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Filing 228
ANSWER to 167 Amended Complaint,, COUNTERCLAIM against UHLIG LLC by Jennifer Clark.(alew, ) Modified on 12/11/2008 to correct event (alew, ). Modified on 12/11/2008 to edit text(alew, ).
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Filing 226
ANSWER to 167 Amended Complaint, COUNTERCLAIM against UHLIG LLC, Cox CustomMedia Inc by Prism Content Solutions LLC. (Attachments: # 1 Exhibit A - Noncompetition and Nonsolicitation Agreement)(Marion, William)
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Filing 225
ANSWER to 167 Amended Complaint, COUNTERCLAIM against UHLIG LLC, Cox CustomMedia Inc by Eventelope LLC. (Attachments: # 1 Exhibit A - Noncompetition and Nonsolicitation Agreement)(Marion, William)
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Filing 223
CERTIFICATE OF SERVICE by Amanda Dorsey re 222 Answer to Second Amended Complaint, Counterclaim (Goldsmith, Mason) Modified on 12/11/2008 to edit text(alew, ).
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Filing 222
Amanda Dorsey's ANSWER to Second Amended Complaint 167 , COUNTERCLAIM against UHLIG LLC by Amanda Dorsey.(Goldsmith, Mason) Modified on 12/11/2008 to link correct event to associated event(alew, ).
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Filing 219
Jeremy Richardson's ANSWER to Complaint Second Amended Complaint and, COUNTERCLAIM against UHLIG LLC by Jeremy Richardson.(Rogers, John) (alew, ). Modified on 12/12/2008 to replace with corrected document as provided by filing user (alew, ).
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Filing 218
ORDER finding as moot 186 Motion to Quash and for Protective Order; finding as moot 199 Motion to Compel and for Hearing. Signed by Magistrate Judge William M Catoe on 12/8/08.(ladd, )
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Filing 216
CONSENT ORDER granting in part and denying in part 101 Motion for Protective Order; granting in part and denying in part 122 Motion to Compel. Signed by Magistrate Judge William M Catoe on 12/4/08.(ladd, )
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Filing 215
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Motions hearing (by telephone) held on 11/26/08, before Judge William M. Catoe. Court Reporter/Transcriber Jean L. Cole, Telephone number (864)235-4862. 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 have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 12/22/2008. Redacted Transcript Deadline set for 1/2/2009. Release of Transcript Restriction set for 3/2/2009. (jcole, )
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Filing 214
SUMMONS Returned Executed by UHLIG LLC. Second Amended Complaint Jeremy Richardson served on 10/31/2008, answer due 11/20/2008. (Attachments: # 1 Acceptance of Service - Jeremy Richardson)(Gibbes, Frank)
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Filing 213
ORDER granting in part and denying in part 93 Motion to make the entire preliminary injunction public. Signed by Magistrate Judge William M Catoe on 11/26/08.(ladd, )
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Filing 212
TELEPHONE CONFERENCE held on 11/26/2008 before Magistrate Judge William M. Catoe: as to 93 plaintiff's motion to make entire preliminary injunction public, the court will issue a written order; as to 101 defendants' motion for protective order, and 122 plaintiff's motion to compel discovery, the parties will submit a proposed order on the one remaining issue within ten days; as to 112 plaintiff's motion to compel compliance with preliminary injunction, the parties will submit a proposed order on the method for computer discovery within ten days; 113 defendant's motion to confirm designation of documents as confidential attorneys' eyes only, has been resolved by the parties and is MOOT; 158 defendant's motion to quash and for protective order, has been resolved by the parties and is MOOT; as to 186 plaintiff's motion to quash Judd subpoenas and for protective order, and 199 defendant's motion to compel and for hearing, the parties will submit a proposed order within ten days regarding imaging of computers for preservation. Court Reporter Jean Cole. (ladd, )
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Filing 211
Minute Entry. Proceedings held before Magistrate Judge William M Catoe: Telephone Conference held on 11/26/2008. Court Reporter Jean Cole. (sjam, ) Modified on 11/26/2008 (sjam, ).
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Filing 209
REPLY to Response to Motion re 199 MOTION to Compel MOTION for Hearing Defendant Shirley's Reply in Further Support of its Motion to Compel Discovery from Third Parties Jonathan B. and Cynthia Judd Response filed by John Adam Shirley. (Marion, William)
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Filing 208
ORDER granting 192 Motion to Seal 191 Response in Opposition to Motion. Signed by Magistrate Judge William M Catoe on 1/24/08.(ladd, )
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Filing 207
RESPONSE in Opposition re 199 MOTION to Compel MOTION for Hearing Response filed by UHLIG LLC.Reply to Response to Motion due by 12/4/2008 (Gibbes, Frank)
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Filing 206
REPLY to Response to Motion re 186 MOTION to Quash Judd Subpoena MOTION for Protective Order Response filed by UHLIG LLC. (Gibbes, Frank)
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Filing 205
AMENDED ANSWER to 167 Second Amended Complaint, COUNTERCLAIM against UHLIG LLC, Cox CustomMedia Inc by John Adam Shirley. (Marion, William) Modified on 11/20/2008 to link correct event to associated event(alew, ).
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Filing 204
ANSWER to 167 Amended Complaint by Todd Baldree, L1 Holdings Inc, L1 Technology LLC, L1 Land LLC.(Giese, Michael)
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Filing 203
NOTICE of Appearance by Casper Fredric Marcinak, III on behalf of Todd Baldree, L1 Holdings Inc, L1 Technology LLC, L1 Land LLC (Marcinak, Casper)
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Filing 202
THIRD CONSENT AMENDED SCHEDULING ORDER. Responsive pleadings from new defendants due by 12/10/08, Answers to written discovery due from new defendants by 12/30/08, Deposition designations due by 12/29/08, 26(a) Initial Disclosures from new defendants due by 12/30/2008, Deposition schedule due by 1/5/09, Amended Pleadings due by 2/2/2009, Plaintiff's ID of Expert Witnesses due by 2/2/2009, Supplemental computer forensic expert reports due by 3/6/09, Defendants' ID of Expert Witnesses due by 3/30/2009, Records Custodian Affidavits due by 4/1/2009, Mediation Due by 4/15/2009, Discovery due by 5/29/2009, Motions due by 6/19/2009, Motions in Limine due by 6/26/2009, Pretrial Disclosures due by 7/17/09, Pretrial Briefs due by 7/27/2009, Jury Selection Deadline 8/17/2009. Signed by Magistrate Judge William M Catoe on 11/19/08. (ladd, )
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Filing 200
NOTICE of Hearing: Telephone Conference set for 11/26/2008 09:30 AM in Greenville #4, Clement F. Haynsworth Fed. Bldg, 300 E. Washington St., Greenville before Magistrate Judge William M Catoe. Parties to call in to Judge Catoe's office (864-241-2740).(ladd, )
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Filing 199
MOTION to Compel Discovery From Third Parties Johnathan B. Judd and Cynthia Judd, MOTION for Hearing ( Response to Motion due by 12/1/2008) by John Adam Shirley. (Attachments: # 1 Exhibit A-Affidavits of Service, # 2 Exhibit B-Objections)No proposed orderMotions referred to William M Catoe.(alew, ) Modified on 11/14/2008 to include additional motion reliefs(alew, ).
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Filing 198
SUMMONS Returned Executed by UHLIG LLC. Second Amended Complaint Jennifer Clark served on 11/5/2008, answer due 11/25/2008. (Attachments: # 1 Acceptance of Service - Jennifer Clark)(Gibbes, Frank)
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Filing 197
SUMMONS Returned Executed by UHLIG LLC. Second Amended Complaint Amanda Dorsey served on 11/4/2008, answer due 11/24/2008. (Attachments: # 1 Acceptance of Service - Amanda Dorsey)(Gibbes, Frank)
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Filing 196
NOTICE of Appearance by Michael J Giese on behalf of Todd Baldree, L1 Holdings Inc, L1 Technology LLC, L1 Land LLC (Giese, Michael)
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Filing 195
ENTRY DELETED original document #193 filed using incorrect event. Clerk has corrected. New document #193 is the correct document. (alew, )
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Filing 193
NOTICE of Appearance by Larry Lee Plumblee on behalf of Jennifer Clark (alew, ) Modified on 11/12/2008 filing corrected for event type(alew, ).
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Filing 194
Defendant John Adam Shirley's ANSWER to 167 Amended Complaint, COUNTERCLAIM against UHLIG LLC, Cox CustomMedia Inc by John Adam Shirley.(Marion, William)
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Filing 192
MOTION to Seal Document 191 Response in Opposition to Motion, Exhibit 1 by John Adam Shirley. Response to Motion due by 11/28/2008 (Attachments: # 1 Memo in Support, # 2 Exhibit A - Descriptive Index of Documents at Issue, # 3 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Marion, William)
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Filing 191
RESPONSE in Opposition re 186 MOTION to Quash Judd Subpoena MOTION for Protective Order Response filed by John Adam Shirley.Reply to Response to Motion due by 11/21/2008 (Attachments: # 1 Exhibit 1 - Document to be Filed Under Seal)(Marion, William)
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Filing 190
SUMMONS Returned Executed by UHLIG LLC. Second Amended Complaint Nathan Holman served on 11/5/2008, answer due 11/25/2008. (Attachments: # 1 Acceptance of Service - Nathan Holman)(Gibbes, Frank)
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Filing 189
ACCEPTANCE OF SERVICE OF COMPLAINT by John Adam Shirley. Prism Content Solutions LLC served on 11/6/2008, answer due 11/26/2008. (Attachments: # 1 Exhibit A - Acceptance of Service - Prism Content Solutions)(Marion, William)
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Filing 188
ACCEPTANCE OF SERVICE OF COMPLAINT by John Adam Shirley. Eventelope LLC served on 11/6/2008, answer due 11/26/2008. (Attachments: # 1 Exhibit A - Acceptance of Service - Eventelope)(Marion, William)
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Filing 187
ENTRY DELETED, document #182. Corrected Filing Document Number: 186 Modified filing date to that of original filing: 11/6/08 Response due date modified to that of original filing: 11/24/08 Reason for Deletion: scanned, exhibits not labeled, all motion reliefs not chosen. (alew, )
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Filing 186
MOTION to Quash Judd Subpoena, MOTION for Protective Order ( Response to Motion due by 11/24/2008) by UHLIG LLC. (Attachments: # 1 Memo in Support of Motion to Quash Judd Subpoena and For Protective Order, # 2 Exhibit A - Subpoena to Cynthia Judd, # 3 Exhibit B - Subpoena to Jonathan Judd)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank) Modified on 11/7/2008 to correct filing date(alew, ).
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Filing 181
ENTRY DELETED, documents 172-175. Corrected Filing Document Number: 177-180 Modified filing date to that of original filing: 11/5/08 Reason for Deletion: no attorney signature, cover sheet not in proper form (alew, )
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Filing 180
SUMMONS Returned Executed by UHLIG LLC. L1 Land LLC served on 10/31/08, answer due 11/20/08 Second Amended Complaint (Attachments: # 1 Acceptance of Service - L1 Land)(Gibbes, Frank) Modified on 11/6/2008 to correct filing date (alew, ).
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Filing 179
SUMMONS Returned Executed by UHLIG LLC. Second Amended Complaint, L1 Holdings served on 10/31/08, answer due 11/20/08 (Attachments: # 1 Acceptance of Service - L1 Holdings)(Gibbes, Frank) Modified on 11/6/2008 to correct filing date(alew, ).
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Filing 178
SUMMONS Returned Executed by UHLIG LLC. Second Amended ComplaintL1 Technology LLC served on 10/31/08, answer due 11/20/08 (Attachments: # 1 Acceptance of Service - L1 Technology)(Gibbes, Frank) Modified on 11/6/2008 to correct filing date(alew, ).
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Filing 177
SUMMONS Returned Executed by UHLIG LLC. Second Amended Complaint, Todd Baldree served on 10/31/08, answer due 11/20/08 (Attachments: # 1 Acceptance of Service - Todd Baldree)(Gibbes, Frank) Modified on 11/6/2008 to correct filing date(alew, ).
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Filing 171
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Motion Hearing held on 10/22/08, before Judge William M. Catoe. Court Reporter Karen E. Martin, Telephone number 864-233-2624. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 11/18/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/26/2009. (kmartin)
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Filing 169
Summons Issued as to Amanda Dorsey, Jeremy Richardson, Nathan Holman, Jennifer Clark, Prism Content Solutions LLC, Eventelope LLC, Todd Baldree, L1 Holdings Inc, L1 Technology LLC, L1 Land LLC. (Attachments: # 1 Summons -Jeremy Richardson, # 2 Summons -Nathan Holman, # 3 Summons -Jennifer Clark, # 4 Summons -Prism Content Solutions LLC, # 5 Summons -Eventelope LLC, # 6 Summons -Todd Baldree, # 7 Summons -L1 Holdings Inc, # 8 Summons -L1 Technology LLC, # 9 Summons -L1 Land LLC)(alew, )
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Filing 167
SECOND AMENDED COMPLAINT against John Adam Shirley, Amanda Dorsey, Jeremy Richardson, Nathan Holman, Jennifer Clark, Prism Content Solutions LLC, Eventelope, LLC, Todd Baldree, L1 Holdings, Inc., L1 Techonology, LLC and L1 Land, LLC filed by UHLIG LLC. (Attachments: # 1 Exhibit A to Second Amended Complaint) (Gibbes, Frank) Modified on 12/10/2008 to edit text(alew, ). Modified on 12/11/2008 to edit text(alew, ). Modified on 12/11/2008 to edit text(alew, ).
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Filing 166
ORDER. Based upon the briefs of the parties and the arguments presented at the hearing, 83 plaintiff's motion to amend complaint to join parties and amend pleadings, 86 plaintiff's supplemental motion, and 87 Cox Custom Media's motion to intervene are granted; and 111 plaintiff's motion to compel the Sunshine House to comply with subpoena is moot. The parties are directed to make good faith efforts to resolve the following motions as described in the hearing: 93 plaintiff's motion to make the entire preliminary injunction public, 101 defendant's motion for protective order, 122 plaintiff's motion to compel discovery, 112 plaintiff's motion to compel compliance with preliminary injunction, 113 defendant's motion to confirm the designation of documents as confidential attorneys' eyes only, and 158 defendant's motion to quash and for protective order. Within seven days, the parties are directed to notify the court of the status of the motions. The motions are taken under advisement until that time. Signed by Magistrate Judge William M Catoe on 10/22/08.(ladd, )
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Filing 165
Minute Entry. Proceedings held before Magistrate Judge William M Catoe: Motions Hearing held on 10/22/2008 re motions 83 ; 86 ; 87 ; 89 ; 93 ;(101]; 111 ; 112 ; 113 ; and 122 . Order forthcoming. Court Reporter Karen Martin. (sjam, )
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Filing 164
REPLY to Response to Motion re 158 MOTION to Quash MOTION for Protective Order Response filed by John Adam Shirley. (Marion, William)
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Filing 163
RESPONSE in Opposition re 158 MOTION to Quash MOTION for Protective Order Response filed by UHLIG LLC.Reply to Response to Motion due by 10/30/2008 (Gibbes, Frank)
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Filing 162
REPLY to Response to Motion re 112 MOTION to Compel Defendant's Supplemental Brief in Response to Plaintiff's Reply in Further Support of its Motion to Compel Compliance with the Preliminary Injunction Response filed by John Adam Shirley. (Attachments: # 1 Exhibit 1 - Email from J. Cox to F. Marion, # 2 Exhibit 2 - 9/22/08 Letter to J. Cox, # 3 Exhibit 3 - Abrams Affidavit, # 4 Exhibit 4 - Fowler Affidavit, # 5 Exhibit 5 - Lawrence Affidavit, # 6 Exhibit 6 - Priest Affidavit, # 7 Exhibit 7 - Dorsey Affidavit, # 8 Exhibit 8 - Silicon v. Epic case)(Marion, William)
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Filing 159
DEFENDANT'S ID OF EXPERT WITNESSES by John Adam Shirley.(Marion, William) (alew, ). Modified on 10/17/2008 to replace incorrect document with corrected document as provided by filing user (alew, ).
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Filing 158
MOTION to Quash, MOTION for Protective Order ( Response to Motion due by 10/28/2008) by John Adam Shirley. (Attachments: # 1 Exhibit A - Subpoena to Southern First Bank a/k/a Greenville First Bank, # 2 Memo in Support)No proposed orderMotions referred to William M Catoe.(Marion, William)
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Filing 157
ENTRY DELETED, document #143 Corrected Filing Document Number: 148 Modified filing date to that of original filing: 10/6/08 Reason for Deletion: scanned, incorrect event (alew, )
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Filing 155
AFFIDAVIT by UHLIG LLC. (Attachments: # 1 Affidavit of Service - Notice of Filing and Plaintiff's Motion to Compel Discovery from Third Party The Sunshine House)(Gibbes, Frank)
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Filing 154
Sealed Document. (Attachments: # 1 Exhibit B Notebook 3 Part 1)(Gibbes, Frank)
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Filing 153
UHLIG LLC's Reply in Further Support of its Motion to Compel Compliance with the Preliminary Injunction: Sealed Document. (Attachments: # 1 Exhibit B Notebook 2 Part 1, # 2 Exhibit B Notebook 2 Part 2, # 3 Exhibit B Notebook 2 Part 3, # 4 Exhibit B Notebook 2 Part 4, # 5 Exhibit B Notebook 2 Part 5, # 6 Exhibit B Notebook 2 Part 6, # 7 Exhibit B Notebook 2 Part 7, # 8 Exhibit B Notebook 2 Part 8, # 9 Exhibit B Notebook 2 Part 9, # 10 Exhibit B Notebook 2 Part 10, # 11 Exhibit B Notebook 2 Part 11, # 12 Exhibit B Notebook 2 Part 12, # 13 Exhibit B Notebook 2 Part 13, # 14 Exhibit B Notebook 2 Part 14, # 15 Exhibit B Notebook 2 Part 15, # 16 Exhibit B Notebook 2 Part 16, # 17 Exhibit B Notebook 2 Part 17, # 18 Exhibit B Notebook 2 Part 18, # 19 Exhibit B Notebook 2 Part 19, # 20 Exhibit B Notebook 2 Part 20, # 21 Exhibit B Notebook 2 Part 21, # 22 Exhibit B Notebook 2 Part 22, # 23 Exhibit B Notebook 2 Part 23, # 24 Exhibit B Notebook 2 Part 24, # 25 Exhibit B Notebook 2 Part 25, # 26 Exhibit B Notebook 2 Part 26, # 27 Exhibit B Notebook 2 Part 27, # 28 Exhibit B Notebook 2 Part 28, # 29 Exhibit B Notebook 2 Part 29, # 30 Exhibit B Notebook 2 Part 30, # 31 Exhibit B Notebook 2 Part 31, # 32 Exhibit B Notebook 2 Part 32, # 33 Exhibit B Notebook 2 Part 33, # 34 Exhibit B Notebook 2 Part 34)(Gibbes, Frank) Modified on 10/10/2008 (alew, ).
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Filing 152
UHLIG LLC's Reply in Further Support of its Motion to Compel Compliance with the Preliminary Injunction: Sealed Document. (Attachments: # 1 Exhibit B Notebook 1 Part 1, # 2 Exhibit B Notebook 1 Part 2, # 3 Exhibit B Notebook 1 Part 3, # 4 Exhibit B Notebook 1 Part 4, # 5 Exhibit B Notebook 1 Part 5, # 6 Exhibit B Notebook 1 Part 6, # 7 Exhibit B Notebook 1 Part 7, # 8 Exhibit B Notebook 1 Part 8, # 9 Exhibit B Notebook 1 Part 9, # 10 Exhibit B Notebook 1 Part 10, # 11 Exhibit B Notebook 1 Part 11, # 12 Exhibit B Notebook 1 Part 12, # 13 Exhibit B Notebook 1 Part 13, # 14 Exhibit B Notebook 1 Part 14, # 15 Exhibit B Notebook 1 Part 15, # 16 Exhibit B Notebook 1 Part 16, # 17 Exhibit B Notebook 1 Part 17, # 18 Exhibit B Notebook 1 Part 18, # 19 Exhibit B Notebook 1 Part 19, # 20 Exhibit B Notebook 1 Part 20, # 21 Exhibit B Notebook 1 Part 21, # 22 Exhibit B Notebook 1 Part 22, # 23 Exhibit B Notebook 1 Part 23, # 24 Exhibit B Notebook 1 Part 24, # 25 Exhibit B Notebook 1 Part 25, # 26 Exhibit B Notebook 1 Part 26, # 27 Exhibit B Notebook 1 Part 27, # 28 Exhibit B Notebook 1 Part 28)(Gibbes, Frank) Modified on 10/10/2008 (alew, ).
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Filing 151
Sealed Document. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 1A, # 3 Exhibit A Part 1B, # 4 Exhibit A Part 2, # 5 Exhibit A Part 3, # 6 Exhibit A Part 4, # 7 Exhibit A Part 5, # 8 Exhibit A Part 6, # 9 Exhibit A Part 7, # 10 Exhibit A Part 8, # 11 Exhibit A Part 9, # 12 Exhibit A Part 10, # 13 Exhibit A Part 11, # 14 Exhibit A Part 12, # 15 Exhibit A Part 13, # 16 UHLIG's LLC's Reply in Further Support if its Motion to Compel Compliance with the Preliminary Injunction exhibits: Exhibit A Part 14, # 17 Exhibit A Part 15, # 18 Exhibit A Part 16, # 19 Exhibit A Part 17, # 20 Exhibit A Part 18, # 21 Exhibit A Part 19, # 22 Exhibit A Part 20, # 23 Exhibit A Part 21, # 24 Exhibit A Part 22, # 25 Exhibit A Part 23, # 26 Exhibit A Part 24, # 27 Exhibit A Part 25, # 28 Exhibit A Part 26, # 29 Exhibit A Part 27, # 30 Exhibit A Part 28, # 31 Exhibit A Part 29, # 32 Exhibit A Part 30, # 33 Exhibit A Part 31, # 34 Exhibit A Part 32, # 35 Exhibit A Part 33, # 36 Exhibit A Part 34, # 37 Exhibit A Part 35, # 38 Exhibit A Part 36, # 39 Exhibit A Part 37, # 40 Exhibit A Part 38, # 41 Exhibit A Part 39, # 42 Exhibit A Part 40)(Gibbes, Frank) Modified on 10/10/2008 (alew, ).
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Filing 147
NOTICE of Hearing on all motions pending at the time of the hearing: Motions Hearing set for 10/22/2008 09:30 AM in Greenville #4, Clement F. Haynsworth Fed Bldg, 300 E. Washington St., Greenville before Magistrate Judge William M Catoe. (ladd, )
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Filing 145
ORDER granting 137 Motion to Withdraw as Attorney as to Kenneth W. Nettles, Jr. Signed by Magistrate Judge William M Catoe on 10/7/08.(ladd, )
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Filing 144
Sealed Document, Exhibit 5 to Motion to Compel 122 (Gibbes, Frank) Modified on 10/7/2008 to edit text(alew, ).
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Filing 148
REPLY to Response to Motion re 122 MOTION to Compel Discovery Response filed by UHLIG LLC. (Gibbes, Frank) (jtho, ). Modified on 10/8/2008 (jtho, )to replace incorrect document with correct document as provided by filing user. Modified on 10/10/2008 to correct filing date(alew, ).
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Filing 142
Sealed Document, Defendant's Supplemental Brief in Response to Cox Custommedia Inc.'s Motion to Intervene 87 (Attachments: # 1 Exhibit A - Joint Interest Agreement, # 2 Exhibit B - Assignment Agreement)(Marion, William) Modified on 10/7/2008 to edit text(alew, ).
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Filing 141
CONSENT ORDER granting 140 Motion to seal exhibits A and B to plaintiff's reply in support of motion to compel compliance with the preliminary injunction. Signed by Magistrate Judge William M Catoe on 10/6/08.(ladd, )
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Filing 140
MOTION to Seal ( Response to Motion due by 10/21/2008), MOTION to Seal Document by UHLIG LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 139
RESPONSE in Support re 112 MOTION to Compel Response filed by UHLIG LLC. (Attachments: # 1 Exhibit Exhibit A - Uhlig Trade Secret Documents, # 2 Exhibit Exhibit B - Notebook 1, # 3 Exhibit Exhibit B - Notebook 2, # 4 Exhibit Exhibit B - Notebook 3, # 5 Affidavit Affidavit of Susan Tribble, # 6 Affidavit Affidavit of Tina Reusch, # 7 Affidavit Affidavit of Jean Clow, # 8 Affidavit Affidavit of Cynthia Judd, # 9 Affidavit Affidavit of Kelli Lawrence, # 10 Affidavit Affidavit of Sarah Cordell, # 11 Affidavit Affidavit of Angela Diamantis, # 12 Affidavit Affidavit of Randall Oliver, # 13 Exhibit Exhibit K -- Letters to Upstate Business Systems)(Gibbes, Frank)
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Filing 138
ORDER granting 119 Motion to Seal Document and 121 Motion to Seal Document, both without opposition. Signed by Magistrate Judge William M Catoe on 10/2/08.(ladd, )
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Filing 137
MOTION to Withdraw as Attorney by UHLIG LLC. Response to Motion due by 10/20/2008 (Attachments: # 1 Affidavit Affidavit in Support of Plaintiff's Motion to Delete Counsel)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 136
REPLY to Response to Motion re 113 MOTION To Confirm the Designation of Documents as Confidential Attorneys' Eyes Only Response filed by John Adam Shirley. (Attachments: # 1 Exhibit A-August 19, 2008 Letter from Shirley's attorney to UHLIG's attorney)Filing corrected for event type.(alew, )
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Filing 135
RESPONSE in Opposition re 122 MOTION to Compel Discovery Response filed by John Adam Shirley.Reply to Response to Motion due by 10/6/2008 (Marion, William)
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Filing 134
USCA MANDATE as to 99 Notice of Appeal, filed by John Adam Shirley (alew, )
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Filing 133
ORDER of USCA dismissing as to 99 Notice of Appeal, filed by John Adam Shirley (alew, )
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Filing 132
CONSENT ORDER extending time for plaintiff to reply to 127 Response in Opposition to 112 MOTION to Compel Compliance with Preliminary Injunction. Reply due by 10/3/08. Signed by Magistrate Judge William M Catoe on 9/23/08. (ladd, )
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Filing 131
ORDER of USCA denying the motion to stay pending appeal as to 99 Notice of Appeal, filed by John Adam Shirley (alew, )
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Filing 130
RESPONSE in Support re 87 MOTION to Intervene Supplemental Reply Brief in Support of Motion to Intervene Response filed by Cox CustomMedia Inc. (Bakker, Mark)
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Filing 128
RESPONSE in Support re 101 MOTION for Protective Order Response filed by John Adam Shirley. (Marion, William)
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Filing 127
RESPONSE in Opposition re 112 MOTION to Compel Compliance with the Preliminary Injunction Response filed by John Adam Shirley.Reply to Response to Motion due by 9/26/2008 (Attachments: # 1 Exhibit 1 - Affidavit of Lance Lee, # 2 Exhibit 2 - TPM E-Mail)(Marion, William)
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Filing 126
RESPONSE in Opposition re 113 MOTION To Confirm the Designation of Documents as Confidential Attorneys' Eyes Only Response filed by UHLIG LLC.Reply to Response to Motion due by 9/26/2008 (Gibbes, Frank)
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Filing 124
REPLY to Response to Motion re 93 MOTION To Make The Entire Preliminary Injunction Public re 89 Order on Report and Recommendations,, Order on Motion for TRO,,, MOTION To Make The Entire Preliminary Injunction Public re 89 Order on Report and Recommendations,, Order on Motion for TRO,,, Response filed by UHLIG LLC. (Gibbes, Frank)
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Filing 123
RESPONSE to Motion re 101 MOTION for Protective Order, 122 MOTION to Compel Discovery (Plaintiff Uhlig's Memorandum in Support of Its Motion to Compel Discovery and Response in Opposition to Defendant Shirley's Motion for Protective Order Response filed by UHLIG LLC.Reply to Response to Motion due by 9/18/2008 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gibbes, Frank)
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Filing 122
MOTION to Compel Discovery by UHLIG LLC. Response to Motion due by 9/26/2008 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 3a, # 5 Exhibit 3b, # 6 Exhibit 3c, # 7 Exhibit 3d, # 8 Exhibit 3e, # 9 Exhibit 4, # 10 Exhibit 5)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 121
MOTION to Seal Document by UHLIG LLC. Response to Motion due by 9/26/2008 (Attachments: # 1 Exhibit A, # 2 Exhibit B)No proposed orderMotions referred to William M Catoe.(Gibbes, Frank)
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Filing 119
MOTION to Seal Document by John Adam Shirley. Response to Motion due by 9/23/2008 (Attachments: # 1 Exhibit A - Descriptive Index of Documents at Issue, # 2 Exhibit B - Certificate of Compliance)No proposed orderMotions referred to William M Catoe.(Marion, William)
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Filing 118
ORDER REFERRING CASE to Magistrate Judge Magistrate Judge William M Catoe. Signed by Honorable Henry F. Floyd on 9/4/08. Motions referred to William M Catoe.(alew, )
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Filing 116
ORDER REFERRING MOTION: 112 MOTION to Compel filed by UHLIG LLC. Signed by Honorable Henry F. Floyd on 9/2/2008. Motions referred to William M Catoe.(alew, )
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Filing 114
RESPONSE in Opposition re 93 MOTION To Make The Entire Preliminary Injunction Public re 89 Order on Report and Recommendations,, Order on Motion for TRO,,, MOTION To Make The Entire Preliminary Injunction Public re 89 Order on Report and Recommendations,, Order on Motion for TRO,,, Response filed by John Adam Shirley.Reply to Response to Motion due by 9/11/2008 (Marion, William)
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Filing 113
MOTION To Confirm the Designation of Documents as Confidential Attorneys' Eyes Only by John Adam Shirley. Response to Motion due by 9/16/2008 (Attachments: # 1 Memo in Support, # 2 Exhibit A - J. Cox Letter dated 8/15/08)No proposed order(Marion, William)
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Filing 112
MOTION to Compel by UHLIG LLC. Response to Motion due by 9/16/2008 (Attachments: # 1 Exhibit Exhibit A - Letter to Mr. Marion 08/11/08, # 2 Exhibit Exhibit B - Letter to Mr. Marion 08/22/08)No proposed order(Gibbes, Frank)
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Filing 111
MOTION to Compel by UHLIG LLC. Response to Motion due by 9/15/2008 (Attachments: # 1 Exhibit Exhibit A -- Acceptance of Service, # 2 Exhibit Exhibit B -- Objections to Subpoena Duces Tecum, # 3 Exhibit Exhibit C -- Letter from Juliet Cox, # 4 Exhibit Exhibit D -- Email from Stacey Kraftchick, # 5 Exhibit Exhibit E - Email from Juliet Cox)No proposed order(Gibbes, Frank)
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Filing 109
REPLY to Response to Motion re 87 MOTION to Intervene Response filed by Cox CustomMedia Inc. (Bakker, Mark)
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Filing 108
RESPONSE in Support re 87 MOTION to Intervene Response filed by UHLIG LLC. (Gibbes, Frank)
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Filing 107
ORDER granting 105 Motion to Appear Pro Hac Vice; granting 106 Motion to Appear Pro Hac Vice as to Peter C. Canfield, Stacey A. Carroll for Cox CustomMedia Inc. Signed by Honorable Henry F. Floyd on 8/21/2008.(alew, )
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Filing 106
MOTION to Appear Pro Hac Vice by Stacey A. Carroll ( Filing fee $ 250 receipt number 04200000000001671583) by Cox CustomMedia Inc. Response to Motion due by 9/8/2008 (Attachments: # 1 Affidavit Application for PHV, # 2 Exhibit A - Certificate of Good Standing)No proposed order(Bakker, Mark)
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Filing 105
MOTION to Appear Pro Hac Vice by Peter C. Canfield ( Filing fee $ 250 receipt number 04200000000001671546) by Cox CustomMedia Inc. Response to Motion due by 9/8/2008 (Attachments: # 1 Affidavit Application for Admission, # 2 Exhibit A - Certificate of Good Standing)No proposed order(Bakker, Mark)
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Filing 103
PLAINTIFF'S ID OF EXPERT WITNESSES by UHLIG LLC.(Gibbes, Frank)
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Filing 102
Transmittal Sheet for Notice of Appeal to USCA re 99 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (alew, ) (alew, ).
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Filing 101
MOTION for Protective Order by John Adam Shirley. Response to Motion due by 9/8/2008 (Attachments: # 1 Memo in Support, # 2 Exhibit A, Part 1 (Subpoenas served by Plaintiff), # 3 Exhibit A, Part 2 (Subpoenas served by Plaintiff), # 4 Exhibit A, Part 3 (Subpoenas served by Plaintiff), # 5 Exhibit A, Part 4 (Subpoenas served by Plaintiff), # 6 Exhibit A, Part 5 (Subpoenas served by Plaintiff), # 7 Exhibit A, Part 6 (Subpoenas served by Plaintiff), # 8 Exhibit B - Requests for Production)No proposed order(Marion, William)
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Filing 99
NOTICE OF APPEAL re 89 Order on Report and Recommendations,, Order on Motion for TRO,,, 90 Order on Motion to Amend/Correct, Order on Motion to Expedite - Filing fee $ 455, receipt number 04200000000001667511. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Marion, William)
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Filing 98
RESPONSE in Opposition re 87 MOTION to Intervene Response filed by John Adam Shirley.Reply to Response to Motion due by 8/25/2008 (Marion, William)
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Filing 97
ORDER granting 95 Motion to Appear Pro Hac Vice; granting 96 Motion to Appear Pro Hac Vice as to Barrett J. Vahle, Benjamin Anthony Halpert for UHLIG LLC. Signed by Honorable Henry F. Floyd on 8/13/08.(alew, )
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Filing 96
MOTION to Appear Pro Hac Vice by Benjamin A. Halpert ( Filing fee $ 250 receipt number 04200000000001657799) by UHLIG LLC. Response to Motion due by 9/2/2008 (Attachments: # 1 Application/Affidavit for Pro Hac Vice Admission for Benjamin Halpert, # 2 Certificate of Admission for Benjamin Halpert)No proposed order(Gibbes, Frank)
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Filing 95
MOTION to Appear Pro Hac Vice by Barrett Jay Vahle ( Filing fee $ 250 receipt number 04200000000001657689) by UHLIG LLC. Response to Motion due by 9/2/2008 (Attachments: # 1 Application/Affidavit for Pro Hac Vice Admission, # 2 Certificate of Admission for Barrett Vahle)No proposed order(Gibbes, Frank)
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Filing 94
ENTRY DELETED, document #94 per attorney request. (alew, )
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Filing 93
MOTION To Make The Entire Preliminary Injunction Public re 89 Order on Report and Recommendations,, Order on Motion for TRO,,, by UHLIG LLC. Response to Motion due by 9/2/2008 (Attachments: # 1 Memo in Support Plaintiff's Memorandum in Support of Motion to Make the Entire Preliminary Injunction Public, # 2 Exhibit Exhibit A - Letter from W. Francis Marion, Jr. to Henry F. Floyd)No proposed order(Gibbes, Frank)
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Filing 92
BOND for Preliminary Injunction in the amount of $ $200,000.00 posted by UHLIG LLC. (alew, )
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Filing 90
ORDER granting 55 Motion to Amend/Correct as provided in the Order previously filed this date; and finding as moot 5 Motion to Expedite. Signed by Honorable Henry F. Floyd on August 5, 2008.(jbro)
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Filing 89
ORDER adopting 51 Report 1 and 71 Report 2 to the extent that they do not contradict this Order. Therefore, it is the judgment of this Court that a preliminary injunction [5 and 55], as outlined in Report 1 and Report 2, shall hereby issue in this case. Signed by Honorable Henry F. Floyd on August 5, 2008.(jbro)
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Filing 88
Local Rule 26.01 Answers to Interrogatories by Cox CustomMedia, Inc..(Bakker, Mark)
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Filing 87
MOTION to Intervene by Cox CustomMedia, Inc.. Response to Motion due by 8/18/2008 (Attachments: # 1 Memo in Support of Motion to Intervene by Cox CustomMedia, Inc., # 2 Exhibit A - Patterson v. Shumate)No proposed order(Bakker, Mark)
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Filing 86
MOTION to Amend/Correct 83 MOTION to Amend/Correct 54 Amended Complaint to Join Parties and Amend Pleadings MOTION to Amend/Correct 54 Amended Complaint to Join Parties and Amend Pleadings MOTION Reduce Briefing Schedule by UHLIG LLC. Response to Motion due by 8/11/2008 (Attachments: # 1 Exhibit Second Amended Complaint, # 2 Exhibit Noncompetition Agreement)No proposed order(Gibbes, Frank)
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Filing 85
REPLY to Response to Motion re 83 MOTION to Amend/Correct 54 Amended Complaint to Join Parties and Amend Pleadings MOTION to Amend/Correct 54 Amended Complaint to Join Parties and Amend Pleadings MOTION Reduce Briefing Schedule Response filed by UHLIG LLC. (alew, ) Modified on 7/22/2008; filing corrected for event type. (alew, ).
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Filing 84
RESPONSE in Opposition re 83 MOTION to Amend/Correct 54 Amended Complaint to Join Parties and Amend Pleadings MOTION Reduce Briefing Schedule Response filed by John Adam Shirley.Reply to Response to Motion due by 7/21/2008 (Marion, William) Modified on 7/14/2008 to edit text(alew, ).
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Filing 83
MOTION to Amend/Correct 54 Amended Complaint to Join Parties and Amend Pleadings ( Response to Motion due by 7/28/2008), MOTION Reduce Briefing Schedule by UHLIG LLC. (Attachments: # 1 Exhibit Proposed Second Amended Complaint, # 2 Memo in Support, # 3 Affidavit Juliet A. Cox)No proposed order(Gibbes, Frank)
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Filing 82
SECOND AMENDED CONSENT SCHEDULING ORDER( Amended Pleadings due by 7/15/2008, Plaintiffs ID of Expert Witness as to computer forensics issues due by 8/20/2008, Defendants ID of Expert Witnesses as to computer forensics issues Due by 10/17/2008, Plaintiffs ID of Expert Witness as to any issue other than computer forensics due by 12/1/08, Defendants ID of Expert Witness as to any issue other than computer forensics due by 1/15/09, Records Custodian Affidavit due by 2/1/2009, Discovery due by 2/27/2009, Motion in Limine due by 5/15/2009, Motions due by 3/30/2009,, Rule 26(a)(3) Disclosures due by 4/30/2009,, Pretrial Briefs due by 7/13/2009, Jury Selection Deadline 7/20/2009, Mediation Due by 3/15/2009,), Motions granted: 81 Consent MOTION for Extension of Time Consent Motion to Amend Scheduling Order filed by UHLIG LLC. Signed by Honorable Henry F. Floyd on 6/30/2008. (alew, )
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Filing 81
Consent MOTION for Extension of Time Consent Motion to Amend Scheduling Order by UHLIG LLC. Response to Motion due by 7/18/2008 (Attachments: # 1 Proposed Second Amended Consent Scheduling Order, # 2 Affidavit of Frank H. Gibbes, III)Proposed order is being emailed to chambers with copy to opposing counsel(Gibbes, Frank) Modified on 6/30/2008 to edit text(alew, ).
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Filing 80
STIPULATION by UHLIG LLC, John Adam Shirley. (Marion, William)
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Filing 79
OBJECTION to 71 Report and Recommendations of Magistrate Judge Dated May 27, 2008 by UHLIG LLC. (Gibbes, Frank)
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Filing 78
OBJECTION to 71 Report and Recommendations Defendant's Objections to Magistrate Judge's Report Dated May 27, 2008 by John Adam Shirley. (Marion, William)
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Filing 76
ANSWER to 54 Amended Complaint by John Adam Shirley. (Attachments: # 1 Exhibit A (Noncompetition and Nonsolicitation Agreement))(Marion, William)
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Filing 75
CONSENT AMENDED SCHEDULING ORDER Rule 26(f) Conference Deadline 5/20/2008, 26(a) Initial Disclosures due by 6/10/2008, Amended Pleadings due by 6/30/2008, Plaintiffs ID of Expert Witness regarding any computer forensics issue due by 8/20/2008, Defendants ID of Expert Witnesses Due regarding any computer forensics issue by 10/17/2008, Plaintiffs ID of Expert Witness regarding any issue other than computer forensics due by 12/1/08, Defendants ID of Expert Witness regarding any issue other than computer forensics due by 1/15/09, Records Custodian Affidavit due by 2/1/2009, Discovery due by 2/27/2009, Motion in Limine due by 5/15/2009, Motions due by 3/30/2009, Rule 26(a)(3) Disclosures due by 4/30/2009, Pretrial Briefs due by 7/13/2009, Jury Selection Deadline 7/20/2009, Mediation Due by 3/15/2009. Signed by Honorable Henry F. Floyd on 6/12/2008. (alew, )
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Filing 74
Joint Rule 26(f) Report by UHLIG LLC, John Adam Shirley. (Attachments: # 1 LR 26.03 Answers)(Marion, William)
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Filing 72
ORDER correcting deadline for filing objections to 71 REPORT AND RECOMMENDATION, pursuant to F.R.Civ.P. 6(d). Corrected deadline is 6/13/08. Signed by Magistrate Judge William M Catoe on 6/4/08. (ladd, )
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Filing 71
REPORT AND RECOMMENDATION recommending 55 MOTION to Amend Motion for Temporary Restraining Order, Preliminary Injunction and Expedited Hearing filed by UHLIG LLC be granted in part and TRO be issued in the manner outlined in this court's previous report and recommendation filed 5/13/08. Objections to R&R due by 6/16/2008. Signed by Magistrate Judge William M Catoe on 5/27/08. (ladd, )
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Filing 70
Minute Entry. Proceedings held before Magistrate Judge William M Catoe: Motion Hearing held on 5/23/2008 re 55 MOTION to Amend/Correct Motion for Temporary Restraining Order, Preliminary Injunction and Expedited Hearing filed by UHLIG LLC. Parties to submit proposed scheduling order. Court Reporter Geri Kirkley. (sjam, ) Modified on 5/27/2008 (sjam, )adding "Proposed scheduling order".
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Filing 67
AFFIDAVIT of Jennifer Amanda Dorsey by John Adam Shirley. (Marion, William) Modified on 5/23/2008 (alew, )to replace with corrected document provided by filing user
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Filing 66
AFFIDAVIT of Stacey Kraftchick by John Adam Shirley. (Marion, William) Modified on 5/23/2008 to replace with corrected document provided by filing user (alew, ).
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Filing 65
RESPONSE in Opposition re 55 MOTION to Amend/Correct Motion for Temporary Restraining Order, Preliminary Injunction and Expedited Hearing Response filed by John Adam Shirley.Reply to Response to Motion due by 6/2/2008 (Marion, William)
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Filing 64
ORDER granting 63 Motion for Confidentiality Order Signed by Honorable Henry F. Floyd on 5/21/2008.(alew, )
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Filing 63
Consent MOTION for Confidentiality Order by UHLIG LLC, John Adam Shirley. Response to Motion due by 6/9/2008 (Attachments: # 1 Proposed Order, # 2 Redlined Confidentiality Order)Proposed order is being emailed to chambers with copy to opposing counselMotions referred to William M Catoe.(Marion, William)
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Filing 60
NOTICE of Hearing on 55 MOTION to Amend/Correct Motion for Temporary Restraining Order, Preliminary Injunction and Expedited Hearing: Motion Hearing set for 5/23/2008, 9:00 AM in Greenville #4, Clement F. Haynsworth Fed Bldg, 300 E. Washington St., Greenville before Magistrate Judge William M Catoe. (ladd, )
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Filing 59
ORDER REFERRING MOTION: 55 MOTION to Amend/Correct Motion for Temporary Restraining Order, Preliminary Injunction and Expedited Hearing filed by UHLIG LLC referred to: Magistrate Judge William M Catoe. Signed by Honorable Henry F. Floyd on 5/19/2008. Motions referred to William M Catoe.(alew, )
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Filing 58
Letter from Counsel for Defendant Shirley regarding Motion Hearing Date. (Marion, William)
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Filing 57
OBJECTION to 51 Report and Recommendations by John Adam Shirley. (Marion, William)
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Filing 56
OBJECTION to 51 Report and Recommendations by UHLIG LLC. (Gibbes, Frank)
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Filing 55
MOTION to Amend/Correct Motion for Temporary Restraining Order, Preliminary Injunction and Expedited Hearing by UHLIG LLC. Response to Motion due by 6/2/2008 No proposed order(Gibbes, Frank)
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Filing 54
AMENDED COMPLAINT against all defendants, filed by UHLIG LLC. (Attachments: # 1 Exhibit A - Noncompete Agreement) (Gibbes, Frank)
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Filing 52
ORDER granting 49 Motion to supplement the record. Signed by Magistrate Judge William M Catoe on 5/13/08.(ladd, )
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Filing 51
ORDER AND REPORT AND RECOMMENDATION granting 49 MOTION to supplement the record filed by John Adam Shirley, and recommending that 5 MOTION for Temporary Restraining Order filed by UHLIG LLC be granted. Objections to R&R due by 5/15/2008 at 12:00 p.m. Signed by Magistrate Judge William M Catoe on 5/13/08. (ladd, ).
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Filing 50
RESPONSE in Opposition re 49 MOTION to supplement the record. Response filed by UHLIG LLC.Reply to Response to Motion due by 5/22/2008 (Gibbes, Frank)
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Filing 49
MOTION and Memorandum to supplement the record. by John Adam Shirley. Response to Motion due by 5/27/2008 No proposed order(alew, )Event type modified on 5/12/2008 (alew, ). Modified on 5/13/2008 to edit text(alew, ).
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Filing 48
NOTICE of Appearance by William Francis Marion, Jr on behalf of John Adam Shirley (Marion, William)
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Filing 47
Minute Entry. Proceedings held before Magistrate Judge William M Catoe: Motion Hearing held on 5/7/2008 re 5 MOTION to Expedite MOTION for Temporary Restraining Order filed by UHLIG LLC. Court to issue proposed order by the end of the day. Court Reporter Geri Kirkley. (sjam, )
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Filing 46
AMENDED 36 ORDER referring 5 Motion for Temporary Restraining Order to Magistrate Judge William M. Catoe for a recommendation. Signed by Honorable Henry F. Floyd on 5/7/08. (ladd, )
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Filing 45
REPLY to Response to Motion re 5 MOTION to Expedite MOTION for Temporary Restraining Order Response filed by UHLIG LLC. (Attachments: # 1 Exhibit 1 - to Affidavit of Mark Uhlig (June 1, 2008 letter to Cox Custom Media), # 2 Exhibit 2 to Affidavit of Mark Uhlig (May 5, 2008 email from Kristin Glascock), # 3 Exhibit 3 to Affidavit of Mark Uhlig (September 22, 1999 letter to Adam Shirley), # 4 Exhibit 4 to Affidavit of Mark Uhlig (March 10, 2008 letter to Mark Uhlig), # 5 Affidavit Exhibit B - Affidavit of Tina M. Reusch, # 6 Affidavit Exhibit C - Affidavit of D. Jordan Whichard, III, # 7 Affidavit Exhibit D - Affidavit of Jean E. Clow, # 8 Affidavit Exhibit A - Affidavit of Mark Uhlig)(Gibbes, Frank)
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Filing 44
SUPPLEMENT by UHLIG LLC, John Adam Shirley to 33 Certificate of Consultation on Motion,, Amended Exhibit B - April 28, 2008 Email from Defendants Counsel. (Gibbes, Frank)
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Filing 43
NOTICE of Hearing on Motion 5 MOTION to Expedite MOTION for Temporary Restraining Order: Motion Hearing set for 5/7/2008 09:00 AM in Greenville #4, Clement F. Haynsworth Fed Bldg, 300 E. Washington St., Greenville before Magistrate Judge William M Catoe. (ladd, )
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Filing 42
ORDER granting 35 Motion to Appear Pro Hac Vice as to Curtis Woods. Signed by Honorable Henry F. Floyd on 5/1/2008.(alew, )
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Filing 41
ORDER granting 34 Motion to Appear Pro Hac Vice as to Juliet Cox. Signed by Honorable Henry F. Floyd on 5/1/2008.(alew, )
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Filing 38
ENTRY DELETED, document #26. Corrected Filing Document Number: 33 Modified filing date to that of original filing: 4/29/2008 Reason for Deletion: exhibits were not described. (alew, )
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Filing 36
IT IS HEREBY ORDERED that the pending motions in the this matter are hereby referred to United State Magistrate Judge William M. Catoe for mediation. Judge Catoe's assistant will be in touch with the parties with direction on how Judge Catoe wishes to proceed. Signed by Honorable Henry F. Floyd on 4-30-08. (jbro)
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Filing 35
MOTION to Appear Pro Hac Vice by Curtis E. Woods ( Filing fee $ 250 receipt number 04200000000001494374) by UHLIG LLC. Response to Motion due by 5/19/2008 No proposed order(Gibbes, Frank) (Corrected attachment(s) added on 5/1/2008: # 1 Exhibit 1-Curtis Woods Application/Affidavit, # 2 Exhibit 2-Certificate of Good Service for Curtis Woods) (alew, ). Modified on 5/1/2008 to replace incorrect document with corrected document as provided by filing user(alew, ).
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Filing 34
MOTION to Appear Pro Hac Vice by Juliet E. Cox ( Filing fee $ 250 receipt number 04200000000001494345) by UHLIG LLC. Response to Motion due by 5/19/2008 No proposed order(Gibbes, Frank) (Corrected attachment(s) added on 5/1/2008: # 1 Exhibit 1-Application/Affidavit of Juliet Cox, # 2 Certificate of Good Standing for Juliet A. Cox) (alew, ). Modified on 5/1/2008 to replace incorrect document with corrected document as provided by filing user(alew, ).
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Filing 32
ORDER finding as moot 12 Motion for Extension of Time to File Response/Reply. Signed by Honorable Henry F. Floyd on 4-30-08.(jbro)
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Filing 31
MEDIATION ORDER: Mediation Due by 1/9/2009. Signed by Honorable Henry F. Floyd on 4/30/2008. (alew, )
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Filing 30
SCHEDULING ORDER Rule 26(f) Conference Deadline 5/20/2008, 26(a) Initial Disclosures due by 6/3/2008, Rule 26 Report due by 6/3/2008, Amended Pleadings due by 6/30/2008, Plaintiffs ID of Expert Witness due by 7/28/2008, Defendants ID of Expert Witnesses Due by 8/27/2008, Records Custodian Affidavit due by 8/27/2008, Discovery due by 10/27/2008, Motion in Limine due by 2/11/2009, Motions due by 11/10/2008, Rule 26(a)(3) Disclosures due by 1/26/2009, Pretrial Briefs due by 2/25/2009, Jury Selection Deadline 3/4/2009, Mediation Due by 1/9/2009. Signed by Honorable Henry F. Floyd on 4/30/2008. (alew, )
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Filing 33
AMENDED JOINT CERTIFICATE OF CONSULTATION byUHLIG LLC, John Adam Shirley re 5 MOTION to Expedite MOTION for Temporary Restraining Order. (Attachments: # 1 Exhibit A - April 28 letter from Plaintiff's counsel, # 2 Exhibit B. April 28 fax from Defendant's counsel, # 3 Exhibit C - April 28 letter from Defendant's counsel, # 4 Exhibit D - Affidavit of Mark E. Johnson, # 5 Exhibit E - April 29 letter from Defendants Counsel, # 6 Exhibit F - April 29 email from Defendants counsel)(Gibbes, Frank) Modified on 4/30/2008 to correct filing date(alew, ).
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Filing 28
RESPONSE in Opposition re 5 MOTION to Expedite MOTION for Temporary Restraining Order Response filed by John Adam Shirley.Reply to Response to Motion due by 5/9/2008 (Attachments: # 1 Exhibit 1 - Excerpts from CCM's website, # 2 Exhibit 2 - Affidavit of Adam Shirley)(Howard, Joshua)
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Filing 27
ANSWER to 1 Complaint by John Adam Shirley.(Howard, Joshua)
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Filing 24
AFFIDAVIT in Support re 5 MOTION to Expedite MOTION for Temporary Restraining Order Affidavit of Mark Johnson. (Gibbes, Frank) (Additional attachment(s) added on 4/29/2008: # 1 Affidavit of Mark Johnson, # 2 Exhibit A-Mark Johnson CV, # 3 Exhibit B-Mark Johnson Testimony) (alew, ). Modified on 4/29/2008 to replace with corrected document provided by filing user(alew, ).
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Filing 23
The Court has reviewed the joint certification and report filed this day. The parties are hereby directed to continue their good faith efforts to resolve the pending motions and to file an amended joint report and certification on Tuesday, April 29, 2008, 1) stating whether or not the motions have been resolved and 2) detailing the parties' continuing efforts. Signed by Honorable Henry F. Floyd on 4-25-08. (jbro)
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Filing 22
CERTIFICATE OF CONSULTATION byUHLIG LLC, John Adam Shirley re 5 MOTION to Expedite MOTION for Temporary Restraining Order. (Attachments: # 1 Exhibit A - TT's First Proposal, # 2 Exhibit B - Defendant Shirley's Response to Plaintiff's First Proposal, # 3 Exhibit C - Plaintiff's Final Proposal, # 4 Exhibit D - Defendant Shirley's Response to Plaintiff's Final Proposal)(Howard, Joshua)
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Filing 20
The Court has reviewed the parties' joint certification and report and thanks counsel for their excellent work in attempting to resolve this matter. As per the request of the parties, IT IS HEREBY ORDERED that the time to resolve the motion and file a joint certification and report is extended to Friday, April 25, 2008, and Defendant Adam Shirley shall have until Tuesday, April 29, 2008, to file an answer to the complaint and to file a written response to Plaintiff's motions. Signed by Honorable Henry F. Floyd on 4-23-08. (jbro)
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Filing 19
CERTIFICATE OF CONSULTATION byUHLIG LLC, John Adam Shirley re 5 MOTION to Expedite MOTION for Temporary Restraining Order. (Howard, Joshua)
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Filing 18
ORDER deferring ruling on 5 Motion to Expedite; and deferring ruling on 5 Motion for TRO/Preliminary Injunction. The Court ONCE AGAIN states that it is has carefully reviewed the above-referenced motions, as well as the record and the applicable law, and is of the FIRM opinion that these motions should be settled by the excellent counsel in this action without further Court intervention. The Court AGAIN STRONGLY urges counsel to do so. Therefore, not later than April 23, 2008, counsel for the parties shall 1) conference in a good faith effort to resolve these motions and 2) file with the Court (a) a joint certification that such conference has been had and (b) a joint report as to whether or not the motions have been resolved. The Court defers ruling on 12 Motion for Extension of Time to File Response/Reply until after it receives the joint certification and report concerning the other above-referenced pending motions. IT IS SO ORDERED. Signed by Honorable Henry F. Floyd on 4-16-08.(jbro)
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Filing 17
REPLY by John Adam Shirleyto 14 Certificate of Consultation on Motion. (Howard, Joshua)
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Filing 16
REPLY to Response to Motion re 12 MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Expedite MOTION for Temporary Restraining Order , Preliminary Injunction, and Expedited Hearing Response filed by John Adam Shirley. (Howard, Joshua) Modified on 4/16/2008 to edit text (alew, ).
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Filing 15
RESPONSE in Opposition re 12 MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Expedite MOTION for Temporary Restraining Order , Preliminary Injunction, and Expedited Hearing Response filed by UHLIG LLC.Reply to Response to Motion due by 4/25/2008 (Gibbes, Frank) Modified on 4/16/2008 to edit text(alew, ).
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Filing 14
CERTIFICATE OF CONSULTATION byUHLIG LLC re 5 MOTION to Expedite MOTION for Temporary Restraining Order. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Gibbes, Frank)
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Filing 13
ORDER deferring ruling on 12 Motion for Extension of Time to File Response/Reply. Response to this motion is due not later than Tuesday, April 15, 2008, at noon. Signed by Honorable Henry F. Floyd on 4-14-08.(jbro)
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Filing 12
MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Expedite MOTION for Temporary Restraining Order , Preliminary Injunction, and Expedited Hearing by John Adam Shirley. Response to Motion due by 4/29/2008 No proposed order(Howard, Joshua)
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Filing 11
AFFIDAVIT of Service for Order served on John Adam Shirley on April 9, 2008, filed by UHLIG LLC. (Attachments: # 1 Certificate of Service)(Gibbes, Frank)
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Filing 10
NOTICE of Appearance by H Sam Mabry, III on behalf of John Adam Shirley (Mabry, H)
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Filing 9
NOTICE of Appearance by Joshua L Howard on behalf of John Adam Shirley (Howard, Joshua)
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Filing 8
ORDER deferring ruling on 5 Motion to Expedite and deferring ruling on 5 Motion for TRO and Preliminary Injunction. Having carefully reviewed the above-referenced motions, as well as the record and the applicable law, the Court is of the firm opinion that these motions should be settled by the counsel in this action without further Court intervention. The Court strongly urges counsel to do so. Therefore, not later than ten business days from the date of personal service of this Order on Defendants, counsel for the parties shall 1) conference in a good faith effort to resolve these motions and 2) file with the Court (a) a certification that such conference has been had and (b) a report as to whether or not the motions have been resolved. IT IS SO ORDERED. IT IS FURTHER ORDERED that Plaintiff's counsel shall file a certificate of service with the Clerk as soon as Defendants have been served with a copy of this Order. Signed by Honorable Henry F. Floyd on 4-9-08.(jbro)
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Filing 6
SUMMONS Returned Executed by UHLIG LLC. John Adam Shirley served on 4/4/2008, answer due 4/24/2008. (Gibbes, Frank) (Additional attachment(s) added on 4/8/2008: # 1 Affidavit of Service) (alew, ). Modified on 4/8/2008 to replace incorrect document with corrected document as provided by filing user(alew, ).
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Filing 5
MOTION to Expedite, MOTION for Temporary Restraining Order ( Response to Motion due by 4/25/2008) by UHLIG LLC. (Attachments: # 1 Memo in Support, # 2 Affidavit of Mark Uhlig)No proposed order(Gibbes, Frank)
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Filing 4
Summons Issued (Restricted Access) as to John Adam Shirley, John Doe, Jane Doe. (alew, )
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Filing 3
Local Rule 26.01 Answers to Interrogatories by UHLIG LLC.(alew, )
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Filing 1
COMPLAINT against all defendants ( Filing fee $ 350 receipt number 04200000000001450382.), filed by UHLIG LLC.(alew, )
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