HLFIP Holding, Inc. v. Rutherford County, Tennessee et al
Plaintiff: HLFIP Holding, Inc. and HLFIP Holding, Inc. doing business as Smart Communications IP Holdings
Defendant: Christopher Flynn, Rutherford County, Tennessee, Keith D. Lowery, Michael Fitzhugh and Rutherford County Adult Detention Center
Counter Plaintiff: Christopher Fly
Intervenor: VendEngine, Inc.
Case Number: 3:2019cv00714
Filed: August 15, 2019
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Jeffery S Frensley
Referring Judge: Eli J Richardson
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 0101 Patent Infringement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 16, 2022 Opinion or Order Filing 398 APPEAL TRANSCRIPT ORDER by HLFIP Holding, Inc. for proceedings held on 11/12/19, 02/28/20, 09/30/20, 12/07/20, & 10/21/21 re #397 Notice of Appeal (Reynolds, Gregory)
November 7, 2022 Opinion or Order Filing 397 NOTICE OF APPEAL as to #394 Order Dismissing Case,,, by HLFIP Holding, Inc.. Filing fee $ 505, receipt number ATNMDC-3700996. (Quicker, Katrina)
November 7, 2022 Opinion or Order Filing 396 NOTICE OF APPEAL as to #394 Order Dismissing Case,,, #317 Order,,,,, Terminate Motions,,,,, Add and Terminate Parties,,,, by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee. Filing fee $ 505, receipt number ATNMDC-3700979. (McNeill, Christopher)
October 13, 2022 Opinion or Order Filing 395 ENTRY OF JUDGMENT re: #394 Order Dismissing Case. (ad)
October 7, 2022 Opinion or Order Filing 394 ORDER DISMISSING CASE: Pending before the Court is Defendants Rutherford County et. al.'s and Intervenor VendEngine, Inc.'s Motion for Judgment on the Pleadings (Doc. No. #86 , "Motion"), filed along with a supporting memorandum of law (Doc. No. #87 ). Plaintiff filed a response. (Doc. No. #94 ). The movants filed a reply. (Doc. No. #105 ). For the reasons discussed in the accompanying memorandum opinion #393 , the Motion is GRANTED, and Plaintiff's Complaint (Doc. No. #1 ) and counterclaim against Intervenor VendEngine, Inc. (Doc. No. #54 at 1114) are DISMISSED with prejudice. This is the final order, denying all relief in this case, for purposes of Federal Rule of Civil Procedure 58. The Clerk is directed to close the file. Signed by District Judge Eli J. Richardson on 10/07/22. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
October 7, 2022 Opinion or Order Filing 393 MEMORANDUM OPINION OF THE COURT. Signed by District Judge Eli J. Richardson on 10/07/22. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
August 8, 2022 Opinion or Order Filing 392 ORDER granting #371 Motion for Leave to File Document Under Seal. Smart Communications's Reply to VendEngine's Opposition to Discovery Dispute Statement (Docket No. 370) will remain under seal. Signed by Magistrate Judge Jeffery S. Frensley on 8/8/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
August 1, 2022 Opinion or Order Filing 391 REDACTION to #370 Sealed Document, #371 MOTION for Leave to File Document Under Seal Dkt 370 Reply to VendEngine's Opposition to Discovery Dispute Statement, #390 Response in Support of Motion by VendEngine, Inc.. (McLaurin, Charles)
August 1, 2022 Opinion or Order Filing 390 RESPONSE in Support re #371 MOTION for Leave to File Document Under Seal Dkt 370 Reply to VendEngine's Opposition to Discovery Dispute Statement filed by VendEngine, Inc.. (McLaurin, Charles)
July 26, 2022 Opinion or Order Filing 389 ORDER: This matter is now before the Court upon "Plaintiff's Motion for Leave to File Under Seal." Docket No. 371. Currently, there is no information before the Court that would allow it to seal the document. Therefore, the document will be unsealed unless, no later than August 2, 2022, VendEngine files a brief explaining why it meets the Sixth Circuit's standard for sealing documents. Signed by Magistrate Judge Jeffery S. Frensley on 7/26/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
July 26, 2022 Opinion or Order Filing 388 ORDER granting #359 Motion for Leave to File Document Under Seal. Docket No. 361 will remain under seal. Signed by Magistrate Judge Jeffery S. Frensley on 7/26/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
July 26, 2022 Opinion or Order Filing 387 ORDER granting #356 Motion for Extension of Time to File Response to #353 Plaintiff's Discovery Dispute Statement. Signed by Magistrate Judge Jeffery S. Frensley on 7/26/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
July 13, 2022 Opinion or Order Filing 386 ORDER granting in part and denying in part #355 Motion for Leave to File Document Under Seal. Docket Nos. 354 and 354-1 through 354-33 will be maintained under seal. Signed by Magistrate Judge Jeffery S. Frensley on 7/13/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
July 8, 2022 Opinion or Order Filing 385 NOTICE by HLFIP Holding, Inc. of Withdrawal of Counsel (Barger, Keane)
June 6, 2022 Opinion or Order Filing 384 REPORT of Mediation filed by Hon. Faith S. Hochberg, Mediator. (***CASE DID NOT SETTLE***)(bs)
June 3, 2022 Opinion or Order Filing 383 ORDER: By 6/7/2022, the Parties shall file a report of mediation addressing the issues set forth in Local Rule 16.05(b). Signed by Magistrate Judge Jeffery S. Frensley on 6/3/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
May 24, 2022 Opinion or Order Filing 382 REPLY to Response to re #378 MOTION to Stay Pending Appeal of Judgment in Copending Case filed by HLFIP Holding, Inc.. (Flynn, Kevin)
May 17, 2022 Opinion or Order Filing 381 RESPONSE in Opposition re #378 MOTION to Stay Pending Appeal of Judgment in Copending Case filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc.. (McLaurin, Charles)
May 3, 2022 Opinion or Order Filing 380 PROPOSED CASE MANAGEMENT ORDER GRANTING Motion to Stay filed by HLFIP Holding, Inc.. (Flynn, Kevin)
May 3, 2022 Opinion or Order Filing 379 MEMORANDUM in Support of #378 MOTION to Stay Pending Appeal of Judgment in Copending Case filed by HLFIP Holding, Inc. . (Flynn, Kevin)
May 3, 2022 Opinion or Order Filing 378 MOTION to Stay Pending Appeal of Judgment in Copending Case by HLFIP Holding, Inc.. (Flynn, Kevin)
April 27, 2022 Opinion or Order Filing 377 NOTICE by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc. re #87 Memorandum in Support, #86 MOTION for Judgment on the Pleadings re Supplemental Judicial Authority (Attachments: #1 Exhibit A - MD Pa Opinion and Order dated 4/25/22)(Bahou, Andre)
April 8, 2022 Opinion or Order Filing 376 RESPONSE in Support re #372 MOTION for Leave to File Document Under Seal Resp. to Pl.'s Mot. for Review filed by HLFIP Holding, Inc.. (Attachments: #1 Exhibit A - Redcated Version of Resp. in Opp. to Pl.'s Motion for Review of Order Denying Mot. to Strike)(Barger, Keane)
April 1, 2022 Opinion or Order Filing 375 ORDER: The motion #372 is granted. The Clerk is directed that Doc. No. #373 shall remain under seal pending a submission from Plaintiff satisfying its burden of justifying that the filing must be submitted under seal. Plaintiff shall file such justification by April 8, 2022. Signed by District Judge Eli J. Richardson on 4/1/2022. (ln)
March 31, 2022 Opinion or Order Filing 374 RESPONSE in Opposition re #357 MOTION for Review re #351 Order on Motion to Strike, filed by VendEngine, Inc.. (McLaurin, Charles)
March 31, 2022 Opinion or Order Filing 373 Sealed Document Resp. to Pl.'s Mot. for Review filed by VendEngine, Inc.. (McLaurin, Charles)
March 31, 2022 Opinion or Order Filing 372 MOTION for Leave to File Document Under Seal Resp. to Pl.'s Mot. for Review by VendEngine, Inc.. (McLaurin, Charles)
March 28, 2022 Opinion or Order Filing 371 MOTION for Leave to File Document Under Seal Dkt 370 Reply to VendEngine's Opposition to Discovery Dispute Statement by HLFIP Holding, Inc.. (Flynn, Kevin)
March 28, 2022 Opinion or Order Filing 370 Sealed Document Reply to VendEngine's Opposition (Dkt 361) to Discovery Dispute Statement (Dkt 354) filed by HLFIP Holding, Inc.. (Flynn, Kevin)
March 28, 2022 Opinion or Order Filing 369 REDACTION to #353 Discovery Dispute Statement,,,, #354 Sealed Document,,, #368 Response in Support of Motion by VendEngine, Inc.. (McLaurin, Charles)
March 28, 2022 Opinion or Order Filing 368 RESPONSE in Support re #355 MOTION for Leave to File Document Under Seal Discovery Dispute Statement filed by VendEngine, Inc.. (McLaurin, Charles)
March 25, 2022 Opinion or Order Filing 367 ORDER: Motion to Clarify #366 is Granted. The Court affirms that Plaintiff's understanding of its recent Order #350 is correct. The Court will decide the issues raised in the discovery dispute statement #258 based on the Parties' positions as set forth in that document. Signed by Magistrate Judge Jeffery S. Frensley on 3/25/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
March 24, 2022 Opinion or Order Filing 366 Unopposed MOTION to Clarify re #350 Order on Sealed Motion, re Joint Discovery Dispute Statemen by HLFIP Holding, Inc.. (Flynn, Kevin)
March 24, 2022 Opinion or Order Filing 365 MEMORANDUM OPINION AND ORDER: For the foregoing reasons, Plaintiffs' Motion #357 is DENIED in part, to the extent that Plaintiffs assert that the Magistrate Judge did not have the statutory authority to issue the Order subject to the Motion for Review (Section II.A of the Motion). The Court defers determination on the substantive issues raised in the Motion (that is, Sections II.B and II.C of the Motion) until the parties have competed briefing on the Motion. Signed by District Judge Eli J. Richardson on 3/24/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs) Modified on 3/24/2022 (bs).
March 22, 2022 Opinion or Order Filing 364 NOTICE by HLFIP Holding, Inc. re Annotation - Deficiency Notice re: Exhibit List for Dkt 353 (Flynn, Kevin)
March 21, 2022 Opinion or Order Filing 363 ORDER: This matter is before the Court upon Defendants' and Intervenor's Motion for Leave to File Under Seal. Docket No. #336 . Pursuant to the Court's Order, Plaintiff has filed a brief in response stating that "[t]he document Defendants and Intervenor identified to be sealed does not contain Plaintiff's confidential or proprietary information and therefore does not need to be sealed." Docket No. #352 , p. 1. Therefore, because there is no information before the Court that would allow continued sealing, the document at issue (Docket No. #334 -2) will be unsealed. Signed by Magistrate Judge Jeffery S. Frensley on 3/21/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
March 20, 2022 Opinion or Order NOTICE TO FILER re DE#353 : Counsel failed to include the mandatory description of the attached exhibits. Counsel is directed to file a notice that lists each exhibit with a brief description. (dt)
March 18, 2022 Opinion or Order Filing 362 RESPONSE in Opposition re #355 MOTION for Leave to File Document Under Seal Discovery Dispute Statement Pl.'s Disc. Dispute Stmt. (Dkt. 353) filed by VendEngine, Inc.. (Attachments: #1 Exhibit A -- Email between counsel dated June 15, 2020)(McLaurin, Charles)
March 18, 2022 Opinion or Order Filing 361 Sealed Document Response to Pl.'s Discovery Dispute Statement (Dkt. 353) filed by VendEngine, Inc.. (Attachments: #1 Exhibit A - Email between counsel dated June 15, 2020)(McLaurin, Charles)
March 18, 2022 Opinion or Order Filing 360 MEMORANDUM in Support of #359 MOTION for Leave to File Document Under Seal filed by VendEngine, Inc. . (McLaurin, Charles)
March 18, 2022 Opinion or Order Filing 359 MOTION for Leave to File Document Under Seal by VendEngine, Inc.. (McLaurin, Charles)
March 17, 2022 Opinion or Order Filing 358 MEMORANDUM in Support of #357 MOTION for Review re #351 Order on Motion to Strike, filed by HLFIP Holding, Inc. . (Flynn, Kevin)
March 17, 2022 Opinion or Order Filing 357 MOTION for Review re #351 Order on Motion to Strike, by HLFIP Holding, Inc.. (Flynn, Kevin)
March 16, 2022 Opinion or Order Filing 356 MOTION for Extension of Time to File Response/Reply as to #353 Discovery Dispute Statement,,,, by VendEngine, Inc.. (McLaurin, Charles)
March 14, 2022 Opinion or Order Filing 355 MOTION for Leave to File Document Under Seal Discovery Dispute Statement by HLFIP Holding, Inc.. (Attachments: #1 Exhibit Proposed Order)(Flynn, Kevin)
March 14, 2022 Opinion or Order Filing 354 Sealed Document Discovery Dispute Statement filed by HLFIP Holding, Inc.. (Attachments: #1 Exhibit Exhibit 3, #2 Exhibit Exhibit 6, #3 Exhibit Exhibit 7, #4 Exhibit Exhibit 8, #5 Exhibit Exhibit 9, #6 Exhibit Exhibit 10, #7 Exhibit Exhibit 11, #8 Exhibit Exhibit 12, #9 Exhibit Exhibit 13, #10 Exhibit Exhibit 14, #11 Exhibit Exhibit 15, #12 Exhibit Exhibit 16, #13 Exhibit Exhibit 17, #14 Exhibit Exhibit 18, #15 Exhibit Exhibit 19, #16 Exhibit Exhibit 20, #17 Exhibit Exhibit 21, #18 Exhibit Exhibit 22, #19 Exhibit Exhibit 23, #20 Exhibit Exhibit 24, #21 Exhibit Exhibit 25, #22 Exhibit Exhibit 26, #23 Exhibit Exhibit 27, #24 Exhibit Exhibit 28, #25 Exhibit Exhibit 29, #26 Exhibit Exhibit 30, #27 Exhibit Exhibit 31, #28 Exhibit Exhibit 32, #29 Exhibit Exhibit 33, #30 Exhibit Exhibit 34, #31 Exhibit Exhibit 35, #32 Exhibit Exhibit 36, #33 Exhibit Exhibit 37)(Flynn, Kevin)
March 14, 2022 Opinion or Order Filing 353 DISCOVERY DISPUTE STATEMENT by HLFIP Holding, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21, #22 Exhibit Exhibit 22, #23 Exhibit Exhibit 23, #24 Exhibit Exhibit 24, #25 Exhibit Exhibit 25, #26 Exhibit Exhibit 26, #27 Exhibit Exhibit 27, #28 Exhibit Exhibit 28, #29 Exhibit Exhibit 29, #30 Exhibit Exhibit 30, #31 Exhibit Exhibit 31, #32 Exhibit Exhibit 32, #33 Exhibit Exhibit 33, #34 Exhibit Exhibit 34, #35 Exhibit Exhibit 35, #36 Exhibit Exhibit 36, #37 Exhibit Exhibit 37)(Flynn, Kevin)
March 7, 2022 Opinion or Order Filing 352 RESPONSE to Motion re #336 MOTION for Leave to File Document Under Seal re Exhibit B of Defendants' and Intervenor's Response in Opposition to Plaintiff's Discovery Dispute Statement (Dkt. No. 334) No need to seal Exhibit B of Dkt. No. 334 filed by HLFIP Holding, Inc.. (Flynn, Kevin)
March 3, 2022 Opinion or Order Filing 351 ORDER denying #278 Motion to Strike Defendants' and Intervenor's Inequitable Conduct Defense. Signed by Magistrate Judge Jeffery S. Frensley on 3/3/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
March 3, 2022 Opinion or Order Filing 350 ORDER: This matter is now before the Court upon a Joint Discovery Dispute Statement and Motion for Discovery Dispute Telephone Conference. Docket No. #258 . The Motion is DENIED. The Court will address the underlying discovery dispute in due course in reliance upon the Parties' written submission. Signed by Magistrate Judge Jeffery S. Frensley on 3/2/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
February 25, 2022 Opinion or Order Filing 349 ORDER: Defendants' and VendEngine's Motion #284 is Granted. Signed by Magistrate Judge Jeffery S. Frensley on 2/25/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
February 25, 2022 Opinion or Order Filing 348 ORDER: Defendants' Motion #266 is Granted. Signed by Magistrate Judge Jeffery S. Frensley on 2/25/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
February 25, 2022 Opinion or Order Filing 347 ORDER: Smart Communications's Motion #263 is Granted. Signed by Magistrate Judge Jeffery S. Frensley on 2/25/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
February 25, 2022 Opinion or Order Filing 346 ORDER: Smart Communications's Motion #260 is Granted. Signed by Magistrate Judge Jeffery S. Frensley on 2/25/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
February 25, 2022 Opinion or Order Filing 345 ORDER: Smart Communications's Motion #257 is Granted. Signed by Magistrate Judge Jeffery S. Frensley on 2/25/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
February 24, 2022 Opinion or Order Filing 344 ORDER: This matter is now before the Court upon "Defendants' and Intervenor's Motion for Leave to File Under Seal." Docket No. #336 . The documents will be unsealed unless, no later than March 11, 2022, Plaintiff files a brief explaining why they meet the Sixth Circuits standard for sealing documents. Signed by Magistrate Judge Jeffery S. Frensley on 2/24/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
February 15, 2022 Opinion or Order Filing 343 NOTICE by HLFIP Holding, Inc. Joint Notice Regarding Mediation (Flynn, Kevin)
February 2, 2022 Opinion or Order Filing 342 ORDER granting #341 Joint MOTION for Extension of Time to File Confirmation of Mediator and Date of Mediation. Signed by Magistrate Judge Jeffery S. Frensley on 2/2/2022. (bs)
February 1, 2022 Opinion or Order Filing 341 Joint MOTION for Extension of Time to File Confirmation of Mediator and Date of Mediation by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc.. (McNeill, Christopher)
January 10, 2022 Opinion or Order Filing 340 ORDER re #338 Joint Stipulation for Extension of Time to Identify Mediator. Motion Granted. Signed by Magistrate Judge Jeffery S. Frensley on 1/10/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
January 7, 2022 Opinion or Order Filing 339 REPLY filed by HLFIP Holding, Inc. re #328 Motion for Hearing,,, filed by HLFIP Holding, Inc., #334 Response in Opposition to Motion,, filed by VendEngine, Inc., Michael Fitzhugh, Rutherford County, Tennessee, Keith D. Lowery, Christopher Fly, Rutherford County Adult Detention Center. (Attachments: #1 Exhibit A - Bell v Fowler Docket, #2 Exhibit B - Emails re Source Code)(Flynn, Kevin)
January 7, 2022 Opinion or Order Filing 338 STIPULATION re: Joint Request for Extension of Time to Identify Mediator by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc.. (McNeill, Christopher)
January 6, 2022 Opinion or Order Filing 337 Additional Attachments to Main Document re: #334 Response in Opposition to Motion,,. (McNeill, Christopher)
January 6, 2022 Opinion or Order Filing 336 MOTION for Leave to File Document Under Seal re Exhibit B of Defendants' and Intervenor's Response in Opposition to Plaintiff's Discovery Dispute Statement (Dkt. No. 334) by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc.. (McNeill, Christopher)
December 27, 2021 Opinion or Order Filing 335 ORDER: MOTION #333 for Extension of Time to Identify Mediator GRANTED. Joint Notice identifying mediator due January 7, 2022. Signed by Magistrate Judge Jeffery S. Frensley on 12/27/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
December 23, 2021 Opinion or Order Filing 334 RESPONSE in Opposition re #328 MOTION for Hearing and Discovery Dispute Statement re: Subpoenas to Smart Communications' Patent Prosecution Counsel and Customers filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc.. (Attachments: #1 Exhibit Ex. A - Email Correspondence between Counsel, #2 Exhibit Ex. B - Excerpt from Dep. Tr. of Smart Comm. 30(b)(6) Dep.)(McNeill, Christopher)
December 23, 2021 Opinion or Order Filing 333 Joint MOTION for Extension of Time to File Confirmation of Mediator and Date of Mediation by HLFIP Holding, Inc.. (Flynn, Kevin)
December 9, 2021 Opinion or Order Filing 332 ORDER: Defendants' motion for extension of time to file a response to Plaintiffs' discovery dispute statement (Docket No. #330 ) is GRANTED. The Defendants shall respond to the discovery dispute statement on or before December 23, 2021. Any discovery which is the subject of the discovery dispute statement filed by the Plaintiffs is stayed pending resolution of the matter by the Court. By December 23, 2021, The Parties shall file a Joint notice identifying the mediator and date for mediation to occur before February 1, 2022. Signed by Magistrate Judge Jeffery S. Frensley on 12/9/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
December 8, 2021 Opinion or Order Filing 331 RESPONSE in Opposition re #330 MOTION for Extension of Time to File Response/Reply as to #328 MOTION for Hearing (Plaintiff's Discovery Dispute Statement) as Defendants and Intervenor Intend to Take Contested Depositions During Requested Extension Period filed by HLFIP Holding, Inc.. (Flynn, Kevin)
December 8, 2021 Opinion or Order Filing 330 MOTION for Extension of Time to File Response/Reply as to #328 MOTION for Hearing (Plaintiff's Discovery Dispute Statement) by Michael Fitzhugh, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc.. (McLaurin, Charles)
December 3, 2021 Opinion or Order Filing 329 RESPONSE filed by Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc. re #328 Discovery Dispute Statement,,, filed by HLFIP Holding, Inc. . (McLaurin, Charles)
December 3, 2021 Opinion or Order Filing 328 DISCOVERY DISPUTE STATEMENT AND MOTION FOR DISCOVERY DISPUTE TELEPHONE CONFERENCE by HLFIP Holding, Inc. (Attachments: #1 Exhibit A - 2021.11.09 Stanton IP Law Firm PA Deposition Subpoena, #2 Exhibit B - 2021.11.09 Thomas Stanton Deposition Subpoena, #3 Exhibit C - 2021.11.09 Carlton Fields Deposition Subpoena, #4 Exhibit D - 2021.11.09 Shah IP Law PLLC Deposition Subpoena, #5 Exhibit E - 2021.11.09 Collier County Sheriff's Office Deposition Subpoena, #6 Exhibit F - 2021.11.09 Desoto County Sheriff's Department Deposition Subpoena, #7 Exhibit G - 2021.11.09 Pasco County Sheriff's Office Deposition Subpoena, #8 Exhibit H - Carlton Fields Email, #9 Exhibit I - Stanton Subpoena Response, #10 Exhibit J - McLaurin email refusing to stay compliance)(Barger, Keane) Modified on 12/6/2021 (dt).
December 2, 2021 Opinion or Order Filing 327 NOTICE by HLFIP Holding, Inc. re Withdrawal of Robert Razzano (Flynn, Kevin)
November 24, 2021 Opinion or Order Filing 326 ORDER granting #325 Motion for Extension of Time to File Response. Defendants shall file any response to Plaintiff's status report by 12/3/2022. Signed by Magistrate Judge Jeffery S. Frensley on 11/24/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
November 23, 2021 Opinion or Order Filing 325 MOTION for Extension of Time to File Opposition to Plaintiff's Status Report by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc.. (McNeill, Christopher)
November 23, 2021 Opinion or Order Filing 324 STATUS REPORT Plaintiff's positions on schedule, discovery disputes, and mediation by HLFIP Holding, Inc.. (Flynn, Kevin)
November 19, 2021 Opinion or Order Filing 323 ORDER: The parties shall submit the Joint Status Report by November 23, 2021. Signed by Magistrate Judge Jeffery S. Frensley on 11/19/2021. (dt)
November 17, 2021 Opinion or Order Filing 322 STATUS REPORT Jointly Requesting Extension to Submit Status Report in Light of Recent Orders by HLFIP Holding, Inc.. (Flynn, Kevin)
November 15, 2021 Opinion or Order Filing 321 MEMORANDUM OPINION AND ORDER: The Orders of the Magistrate Judge (Doc. Nos. #209 , #250 ) are AFFIRMED, and Plaintiff's Motions (Doc. Nos. #216 , #271 ) are DENIED. Signed by District Judge Eli J. Richardson on 11/12/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
November 5, 2021 Opinion or Order Filing 320 STATUS REPORT by HLFIP Holding, Inc.. (Flynn, Kevin)
October 21, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference by Telephone held on 10/21/2021. (Hearing lasted :37)(ms)
October 21, 2021 Opinion or Order Filing 319 ORDER: The Court held a telephone conference with the Parties on October 21, 2021 to discuss the status of this matter, outstanding discovery issues and prospects for settlement. These matters were discussed, and the Court provided guidance to the Parties. The Parties are to continue their meet and confer efforts and to discuss the pending matters in light of the Court's guidance. By November 5, 2021, the Parties shall file a joint status report outlining their positions regarding the entry of a revised scheduling order in this matter, outstanding discovery disputes and positions on mediation. Signed by Magistrate Judge Jeffery S. Frensley on 10/21/2021. (jm)
October 14, 2021 Opinion or Order Filing 318 ORDER granting #295 Motion for Hearing. A status conference is hereby set for October 21, 2021 at 9:30 a.m. via telephone. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please call 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 10/14/2021. (dt)
October 14, 2021 Opinion or Order Set/Reset Hearings: Status Conference by video set for 10/21/2021 at 9:30 AM before Magistrate Judge Jeffery S. Frensley. (dt)
October 1, 2021 Opinion or Order Filing 317 ORDER: Pending before the Court is "Defendants' Motion [to Dismiss] for Lack of Personal Jurisdiction and Subject Matter Jurisdiction." (Doc. No. #56 , "Motion"). The Motion is ripe for review. For the reasons discussed in the accompanying memorandum opinion #316 , the Motion is DENIED in part and GRANTED in part. The Motion is DENIED insofar as it seeks dismissal of all claims, based on Defendants' assertion that they are entitled to Eleventh Amendment immunity. The Motion is GRANTED with respect to Defendants' assertion that they are immune from punitive damages, and Plaintiff's claim for treble damages under the Patent Act is DISMISSED. The remaining claims against Defendants Fitzhugh, Lowery, and Fly are DISMISSED as redundant of the remaining claims (including a claim for single damages under the Patent Act) against Defendant Rutherford County. The Clerk is DIRECTED to terminate Defendants Fitzhugh, Lowery, and Fly as parties. Signed by District Judge Eli J. Richardson on 10/1/2021. (mg)
October 1, 2021 Opinion or Order Filing 316 MEMORANDUM OPINION OF THE COURT. Signed by District Judge Eli J. Richardson on 10/1/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
September 10, 2021 Opinion or Order Filing 315 ORDER: Pending before the Court are several motions to amend the scheduling order in this case. Docket Nos. #241 , #298 and #299 . The motions are GRANTED in part. Signed by Magistrate Judge Jeffery S. Frensley on 9/10/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
September 10, 2021 Opinion or Order Filing 314 REDACTION to #259 Joint Statement, by VendEngine, Inc.. (Attachments: #1 Exhibit G - Redacted Transcript of Sherrod, #2 Exhibit H - Redacted 9/15/17 email, #3 Exhibit I - Redacted 9/6/19 email, #4 Exhibit J - Redacted 6/13/18 email, #5 Exhibit K - Redacted 6/16/17 email, #6 Exhibit L - Redacted 4/20/17 email, #7 Exhibit M - Redacted email, #8 Exhibit N - Redacted 10/13/17 email, #9 Exhibit O - Redacted 11/9/17 email, #10 Exhibit P - Redacted 1/22/18 email)(McLaurin, Charles)
September 10, 2021 Opinion or Order Filing 313 RESPONSE in Support re #257 MOTION for Leave to File Document Under Seal Joint Discovery Statement and Exhibits filed by VendEngine, Inc.. (McLaurin, Charles)
September 9, 2021 Opinion or Order Filing 312 REDACTION to #261 Sealed Document, #311 Response in Support of Motion by HLFIP Holding, Inc.. (Attachments: #1 Exhibit B - Redacted user manual, #2 Exhibit C - Redacted user manual, #3 Exhibit D - Partially Redacted Transcript of Scott, #4 Exhibit E - Redacted email chain, #5 Exhibit L - Partially Redacted Transcript of Logan)(Flynn, Kevin)
September 9, 2021 Opinion or Order Filing 311 RESPONSE in Support re #260 MOTION for Leave to File Document Under Seal filed by HLFIP Holding, Inc.. (Flynn, Kevin)
September 9, 2021 Opinion or Order Filing 310 REDACTION to #309 Response in Support of Motion, #263 MOTION for Leave to File Document Under Seal by HLFIP Holding, Inc.. (Attachments: #1 Exhibit B - Redacted user manual, #2 Exhibit C - Redacted user manual, #3 Exhibit D - Partially Redacted Transcript of Scott, #4 Exhibit E - Redacted email chain, #5 Exhibit L - Partially Redacted Transcript of Logan)(Flynn, Kevin)
September 9, 2021 Opinion or Order Filing 309 RESPONSE in Support re #263 MOTION for Leave to File Document Under Seal filed by HLFIP Holding, Inc.. (Flynn, Kevin)
September 9, 2021 Opinion or Order Filing 308 REDACTION to #307 Response in Support of Motion, #267 Sealed Document,, by HLFIP Holding, Inc.. (Attachments: #1 Exhibit B - Redacted user manual, #2 Exhibit C - Redacted user manual, #3 Exhibit D - Partially Redacted Transcript of Scott, #4 Exhibit E - Redacted email chain, #5 Exhibit F - Partially Redacted Transcript of Logan)(Flynn, Kevin)
September 9, 2021 Opinion or Order Filing 307 RESPONSE in Support re #266 MOTION for Leave to File Document Under Seal filed by HLFIP Holding, Inc.. (Flynn, Kevin)
September 9, 2021 Opinion or Order Filing 306 RESPONSE in Support re #284 MOTION for Leave to File Document Under Seal Response in Opposition to Plaintiff's Motion to Strike Defendants' and Intervenor's Inequitable Conduct Defense filed by HLFIP Holding, Inc.. (Flynn, Kevin)
September 8, 2021 Opinion or Order Filing 305 ORDER granting #303 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Kathryn A. Vance to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 09/08/2021. (lh)
September 8, 2021 Opinion or Order Georgia Bar status verified as active for Kathryn A Vance not admitted to this court - Local counsel secured. (lh)
September 7, 2021 Opinion or Order Filing 304 ORDER: In light of the pending motions in this case, the trial, pretrial conference and pretrial motion deadlines are canceled and will be rescheduled if necessary after resolution of the pending motions. Signed by District Judge Eli J. Richardson on 9/7/2021. (dt)
September 7, 2021 Opinion or Order Filing 303 MOTION for attorney Kathryn A. Vance to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3442922) by HLFIP Holding, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Barger, Keane)
August 26, 2021 Opinion or Order Filing 302 ORDER: This matter is now before the Court upon numerous Motions for Leave to File Under Seal filed by the Parties. Docket Nos. #257 , #260 , #263 , #266 , #284 . To date, the designating Parties have not responded to the Motions. Currently, there is no information before the Court that would permit it to allow the documents to remain under seal under the sealing standards of this Circuit. The Court will allow an additional period of time for the Parties to file such information with the Court if they choose. Such filings must be received no later than September 10, 2021. If nothing is received by that time, the documents will be unsealed. Signed by Magistrate Judge Jeffery S. Frensley on 8/26/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
August 26, 2021 Opinion or Order Filing 301 ORDER: For the foregoing reasons, Defendants' and VendEngine's Motion (Docket No. #224 ) is GRANTED. The following documents will remain under seal: Docket Nos. #226 , #226 -1. Signed by Magistrate Judge Jeffery S. Frensley on 8/26/2021.(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
August 26, 2021 Opinion or Order Filing 300 ORDER: For the foregoing reasons, Smart Communications's Motion (Docket No. #196 ) is GRANTED. The following documents will remain under seal: Docket Nos. #197 , #197 -1, #197 -2. Signed by Magistrate Judge Jeffery S. Frensley on 8/26/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
August 11, 2021 Opinion or Order Filing 299 Joint MOTION to Amend/Correct Case Schedule by HLFIP Holding, Inc.. (Flynn, Kevin)
June 28, 2021 Opinion or Order Filing 298 Joint MOTION to Amend/Correct Case Schedule, Joint MOTION for Extension of Time to Complete Discovery by HLFIP Holding, Inc.. (Flynn, Kevin)
June 28, 2021 Opinion or Order Filing 297 REPLY to Response to re #141 MOTION to Compel Discovery Regarding Use of Accused System and Related Financial Information filed by VendEngine, Inc.. (McLaurin, Charles)
June 28, 2021 Opinion or Order Filing 296 RESPONSE in Support re #170 MOTION for Leave to File Document Under Seal filed by VendEngine, Inc.. (McLaurin, Charles)
June 14, 2021 Opinion or Order Filing 295 Joint MOTION for Hearing for Status Conference by HLFIP Holding, Inc.. (Flynn, Kevin)
June 14, 2021 Opinion or Order Filing 294 ORDER: Smart Communications's Motion (Docket No. #170 ) is GRANTED IN PART and DENIED IN PART. Docket No. 171-1 will remain sealed. By June 28, 2021, VendEngine must file a response justifying the sealing of the reply brief if it would like the Court to consider maintaining the seal on the entire document. Signed by Magistrate Judge Jeffery S. Frensley on 6/14/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
June 7, 2021 Opinion or Order Filing 293 ORDER granting #292 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Peter M. Jones to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 06/07/2021. (lh)
June 4, 2021 Opinion or Order GA State Bar status verified as active for Peter Jones not admitted to this court - Local counsel secured. (dt)
June 1, 2021 Opinion or Order Filing 292 MOTION for attorney Peter M. Jones to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3382218) by HLFIP Holding, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Barger, Keane)
May 24, 2021 Opinion or Order Filing 291 RESPONSE in Support #216 MOTION for Review re #209 Order on Motion to Compel, filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc.. (Attachment: #1 Exhibit Deposition of James Logan 3/3/2017)(dt)
May 24, 2021 Opinion or Order Filing 290 ORDER granting #281 Motion to Seal Document. The Clerk is directed to file the redacted version of the response (Doc. No. 281-1) as a separate docket entry with Doc. No. 181-2 as an exhibit thereto. Signed by District Judge Eli J. Richardson on 5/24/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
May 21, 2021 Opinion or Order Filing 289 REPLY to Response to re #278 MOTION to Strike #265 Amended Answer to Complaint, #264 Sealed Document, #262 Amended Answer to Complaint,, Counterclaim, #268 Amended Answer to Complaint,, #261 Sealed Document, #267 Sealed Document,, as to Affirmative Defense of I filed by HLFIP Holding, Inc.. (Flynn, Kevin)
May 17, 2021 Opinion or Order Filing 288 RESPONSE in Opposition to Motion for Review of Nondispositive Order of Magistrate Judge re: #283 Response in Opposition to Motion, by HLFIP Holding, Inc.. (Attachments: #1 Exhibit 1 - Jim Logan Transcript)(Flynn, Kevin) Modified on 5/21/2021 (dt).
May 17, 2021 Opinion or Order Filing 287 RESPONSE in Support re #281 MOTION to Seal Document filed by HLFIP Holding, Inc.. (Flynn, Kevin)
May 14, 2021 Opinion or Order Filing 286 RESPONSE in Opposition re #278 MOTION to Strike #265 Amended Answer to Complaint, #264 Sealed Document, #262 Amended Answer to Complaint,, Counterclaim, #268 Amended Answer to Complaint,, #261 Sealed Document, #267 Sealed Document,, as to Affirmative Defense of I filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc.. (McNeill, Christopher)
May 14, 2021 Opinion or Order Filing 285 Sealed Document Response in Opposition to Plaintiff's Motion to Strike Defendants' and Intervenor's Inequitable Conduct Defense filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc.. (McNeill, Christopher)
May 14, 2021 Opinion or Order Filing 284 MOTION for Leave to File Document Under Seal Response in Opposition to Plaintiff's Motion to Strike Defendants' and Intervenor's Inequitable Conduct Defense by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc.. (McNeill, Christopher)
May 3, 2021 Opinion or Order Filing 283 RESPONSE in Opposition re #271 MOTION for Review re #250 Order on Motion to Amend/Correct Pleadings to Add Inequitable Conduct (Redacted) filed by VendEngine, Inc.. (Attachments: #1 Exhibit Ex. A - Redacted James Logan Depo Transcript)(McLaurin, Charles)
May 3, 2021 Opinion or Order Filing 282 Sealed Document redacted versions in entry 281 filed by VendEngine, Inc.. (Attachments: #1 Exhibit 1 to Response)(McLaurin, Charles)
May 3, 2021 Opinion or Order Filing 281 MOTION to Seal Document by VendEngine, Inc.. (Attachments: #1 Attachment Redacted Response, #2 Exhibit Redacted Exhibit)(McLaurin, Charles)
April 30, 2021 Opinion or Order Filing 280 Proposed Pretrial Order Striking Defendants' and Intervenor's Affirmative Defense of Inequitable Conduct by HLFIP Holding, Inc.. (Flynn, Kevin)
April 30, 2021 Opinion or Order Filing 279 MEMORANDUM in Support of #278 MOTION to Strike #265 Amended Answer to Complaint, #264 Sealed Document, #262 Amended Answer to Complaint,, Counterclaim, #268 Amended Answer to Complaint,, #261 Sealed Document, #267 Sealed Document,, as to Affirmative Defense of I filed by HLFIP Holding, Inc. . (Attachments: #1 Exhibit 1 - Certified File History, #2 Exhibit 2 - Logan Depo Excerpts, #3 Exhibit 3 - 30(b)(6) Excerpts)(Flynn, Kevin)
April 30, 2021 Opinion or Order Filing 278 MOTION to Strike #265 Amended Answer to Complaint, #264 Sealed Document, #262 Amended Answer to Complaint,, Counterclaim, #268 Amended Answer to Complaint,, #261 Sealed Document, #267 Sealed Document,, as to Affirmative Defense of Inequitable Conduct by HLFIP Holding, Inc.. (Flynn, Kevin)
April 30, 2021 Opinion or Order Filing 277 NOTICE of Substitution of Counsel by Charles C. McLaurin on behalf of VendEngine, Inc.. (McLaurin, Charles)
April 20, 2021 Opinion or Order Filing 276 ORDER granting #272 Motion to Seal. Signed by District Judge Eli J. Richardson on 4/20/2021. (dt)
April 19, 2021 Opinion or Order Filing 275 STIPULATION re: Joint Request to Amend Case Schedule by HLFIP Holding, Inc.. (Flynn, Kevin)
April 19, 2021 Opinion or Order Filing 274 REDACTION to #273 Sealed Document Memorandum Supporting Motion for Review and Supporting Exhibits by HLFIP Holding, Inc.. (Attachments: #1 Exhibit A - James Logan Dep, #2 Exhibit B - Justin Scott Dep)(Flynn, Kevin)
April 19, 2021 Opinion or Order Filing 273 Sealed Document Memorandum in Support of Motion for Review and Exhibits filed by HLFIP Holding, Inc.. (Attachments: #1 Exhibit A - James Logan Dep, #2 Exhibit B - Justin Scott Dep)(Flynn, Kevin)
April 19, 2021 Opinion or Order Filing 272 MOTION to Seal Portions of Memorandum Supporting Motion for Review by HLFIP Holding, Inc.. (Flynn, Kevin)
April 19, 2021 Opinion or Order Filing 271 MOTION for Review re #250 Order on Motion to Amend/Correct Pleadings to Add Inequitable Conduct by HLFIP Holding, Inc.. (Flynn, Kevin)
April 14, 2021 Opinion or Order Filing 270 REPLY to Response to re #188 MOTION to Compel REDACTED filed by VendEngine, Inc.. (Schlehuber, Anthony)
April 14, 2021 Opinion or Order Filing 269 RESPONSE in Support re #196 MOTION for Leave to File Document Under Seal Reply to Technical MTC filed by VendEngine, Inc.. (Schlehuber, Anthony)
April 9, 2021 Opinion or Order Filing 268 AMENDED ANSWER to #1 Complaint,, REDACTED, COUNTERCLAIM by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee. (Attachments: #1 Exhibit Ex. A - SmartJailMail FAQ, #2 Exhibit Ex. B - SC User Manual, #3 Exhibit Ex. C - SC User Manual, #4 Exhibit Ex. D - Scott Deposition Transcript, #5 Exhibit Ex. E - SC Emails, #6 Exhibit Ex. F - 3-4-2019 IDS, #7 Exhibit Ex. G - 305 App Publication, #8 Exhibit Ex. H - 6-26-2020 IDS, #9 Exhibit Ex. I - 9-27-2018 Office Action, #10 Exhibit Ex. J - 2-18-2019 Office Action, #11 Exhibit Ex. K - 3-14-2019 Notice, #12 Exhibit Ex. L - Logan Deposition Transcript)(Bahou, Andre)
April 9, 2021 Opinion or Order Filing 267 Sealed Document Amended Answer to Complaint filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee. (Attachments: #1 Exhibit Ex. A - SmartJailMail FAQ, #2 Exhibit Ex. B - SC User Manual, #3 Exhibit Ex. C - SC User Manual, #4 Exhibit Ex. D - Scott Deposition Transcript, #5 Exhibit Ex. E - SC Emails, #6 Exhibit Ex. F - 3-4-2019 IDS, #7 Exhibit Ex. G - 305 App Publication, #8 Exhibit Ex. H - 6-26-2020 IDS, #9 Exhibit Ex. I - 9-27-2018 Office Action, #10 Exhibit Ex. J - 2-18-2019 Office Action, #11 Exhibit Ex. K - 3-14-2019 Notice, #12 Exhibit Ex. L - Logan Deposition Transcript)(Bahou, Andre)
April 9, 2021 Opinion or Order Filing 266 MOTION for Leave to File Document Under Seal by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee. (Bahou, Andre)
April 9, 2021 Opinion or Order Filing 265 AMENDED ANSWER to #54 Answer to Counterclaim, Counterclaim REDACTED by VendEngine, Inc.. (Attachments: #1 Exhibit A- Smart Jail Mail FAQ, #2 Exhibit F- 3_4_2019 IDS, #3 Exhibit G- U.S. Patent App. 16/286305, #4 Exhibit H- 6_26_2019 IDS, #5 Exhibit I- 9_27_2018 nonfinal rejection, #6 Exhibit J- 2_18_2019 amendment, #7 Exhibit 3_14_2019 notice of allowance)(Ramage, Wayne)
April 9, 2021 Opinion or Order Filing 264 Sealed Document filed by VendEngine, Inc.. (Attachments: #1 Exhibit B- SC User Manual, #2 Exhibit C- SC User Manual, #3 Exhibit D- Scott Deposition Transcript, #4 Exhibit E- SC email chain, #5 Exhibit L- Logan Deposition Transcript)(Ramage, Wayne)
April 9, 2021 Opinion or Order Filing 263 MOTION for Leave to File Document Under Seal by VendEngine, Inc.. (Ramage, Wayne)
April 9, 2021 Opinion or Order Filing 262 AMENDED ANSWER to #1 Complaint,, REDACTED, COUNTERCLAIM against HLFIP Holding, Inc. by VendEngine, Inc.. (Attachments: #1 Exhibit A- Smart Jail Mail FAQ, #2 Exhibit F- 3_4_2019 IDS, #3 Exhibit G- U.S. Patent App. 16/286305, #4 Exhibit H- 6_26_2019 IDS, #5 Exhibit I- 9_27_2018 nonfinal rejection, #6 Exhibit J- 2_18_2019 amendment, #7 Exhibit K- 3_14_2019 notice of allowance)(Ramage, Wayne)
April 9, 2021 Opinion or Order Filing 261 Sealed Document Amended Answer to Complaint, Counterclaim in Intervention filed by VendEngine, Inc.. (Attachments: #1 Exhibit B- SC User Manual, #2 Exhibit C- SC User Manual, #3 Exhibit D- Scott Deposition Transcript, #4 Exhibit E- SC email chain, #5 Exhibit L- Locan Deposition Transcript)(Ramage, Wayne)
April 9, 2021 Opinion or Order Filing 260 MOTION for Leave to File Document Under Seal by VendEngine, Inc.. (Ramage, Wayne)
April 9, 2021 Opinion or Order Filing 259 JOINT Statement re Discovery Dispute and Public Exhibits. (Attachments: #1 Exhibit A - Intervenor's Privilege Log, #2 Exhibit B - Letter 2020-10-06, #3 Exhibit C - Intervenor's Supp Privilege Log, #4 Exhibit D - Letter 2020-10-08, #5 Exhibit E - Letter 2020-10-15, #6 Exhibit F - Letter 2020-10-27, #7 Exhibit G-P - Cover Sheets, #8 Exhibit Q - Scott Depo Excerpt)(Flynn, Kevin)
April 9, 2021 Opinion or Order Filing 258 SEALED Joint Discovery Dispute Statement and Exhibits and Motion for Discovery Dispute Telephone Conference filed by HLFIP Holding, Inc. (Attachments: #1 Exhibit G - Sherrod Dep, #2 Exhibit H - email 2017-09-15, #3 Exhibit I - email 2019-09-06, #4 Exhibit J - email 2018-06-13, #5 Exhibit K - email 2017-06-16, #6 Exhibit L - email 2017-04-20, #7 Exhibit M - email 2017-08-09, #8 Exhibit N - email 2017-10-13, #9 Exhibit O - email 2017-11-09, #10 Exhibit P - email 2018-01-22)(Flynn, Kevin) Modified on 4/12/2021 (dt).
April 9, 2021 Opinion or Order Filing 257 MOTION for Leave to File Document Under Seal Joint Discovery Statement and Exhibits by HLFIP Holding, Inc.. (Flynn, Kevin)
April 7, 2021 Opinion or Order Filing 256 ORDER: Plaintiff's SEALED Motion #213 is TERMINATED AS MOOT. Signed by Magistrate Judge Jeffery S. Frensley on 4/7/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
April 7, 2021 Opinion or Order Filing 255 ORDER: The motions for leave to file under seal (Docket Nos. #152 , #189 , #191 ) are GRANTED. The following documents will be maintained entirely under seal: Docket Nos. 156-1 through 156-4; 190-1 through 190-8. The following documents will remain sealed, but redacted versions will be filed: Docket Nos. 154 (redacted version at 155); 193 (redacted version at 194); 190 (redacted version at 199). Signed by Magistrate Judge Jeffery S. Frensley on 4/7/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
April 7, 2021 Opinion or Order Filing 254 ORDER: This matter is now before the Court upon Plaintiff's Motion for Leave to File Under Seal. Docket No. #196 . Currently, there is no information before the Court that would permit it to allow the documents to remain under seal. The Court will allow an additional period of time for Defendants and VendEngine to file such information with the Court if they choose. Such filing must be received no later than April 20, 2021. If nothing is received by that time, the documents will be unsealed. Signed by Magistrate Judge Jeffery S. Frensley on 4/7/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
April 6, 2021 Opinion or Order Filing 253 ORDER: The motions for leave to file under seal (Docket Nos. #160 , #180 , #201 ) are GRANTED. The following documents will remain sealed in their entirety: Dockets Nos. 135-20; 135-21; 162-19; 162-20; 202-9; 202-10. The following documents will remain sealed, but redacted versions will be filed: Docket Nos. 162 (redacted version at Docket No. 222-3); 162-16 (redacted version at 222-4); 162-21 (redacted version at 222-7); 180-2 (redacted version at 222-8); 202 (redacted version at 222-9); 202-1 (redacted version at 222-10); 202-2 (redacted version at 222-11); 202-3 (redacted version at 222-12); 202-4 (redacted version at 222-13); 202-5 (redacted version at 222-14); 202-6 (redacted version at 222-15); 202-8 (redacted version at 222-16). Signed by Magistrate Judge Jeffery S. Frensley on 4/6/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh) Modified text on 4/8/2021 (hb).
April 6, 2021 Opinion or Order Filing 252 JOINT Statement REDACTED Discovery Dispute Statement filed by VendEngine, Inc. in support of #135 Sealed Document,,,,,,,. (Schlehuber, Anthony)
April 5, 2021 Opinion or Order Filing 251 ORDER granting #221 Motion for Leave to File Memorandum Supporting Motions to Seal. Signed by Magistrate Judge Jeffery S. Frensley on 4/5/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
April 5, 2021 Opinion or Order Filing 250 ORDER granting #200 Motion for Leave to Amend Affirmative Defenses. Signed by Magistrate Judge Jeffery S. Frensley on 4/5/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
March 30, 2021 Opinion or Order Filing 249 ORDER granting #133 Motion for Leave to File Document Under Seal. The following documents will remain under seal: Docket Nos. 135, 135-3, 135-7, 135-10, 135-12, 135-13. VendEngine is directed to file a redacted version of the Joint Discovery Dispute Statement (Docket No. 135) for the public record. Signed by Magistrate Judge Jeffery S. Frensley on 3/30/21. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
March 24, 2021 Opinion or Order Filing 248 NOTICE of Change of Address by Anthony F. Schlehuber (Schlehuber, Anthony)
March 24, 2021 Opinion or Order Filing 247 ORDER: Smart Communications's Motion for Leave to File Under Seal (Docket No. #145 ) is GRANTED IN PART and DENIED IN PART. Signed by Magistrate Judge Jeffery S. Frensley on 3/24/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
March 24, 2021 Opinion or Order Filing 246 ORDER: Smart Communications's Motion for Leave to File Under Seal (Docket No. #142 ) is GRANTED. The following documents will remain under seal: Docket Nos. 143; 143-3; 143-7; 143-10; 143-13; 143-14; 143-17 through 143-22. Signed by Magistrate Judge Jeffery S. Frensley on 3/24/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
March 24, 2021 Opinion or Order Filing 245 ORDER: Pending before the Court are Defendants' Requests for Oral Argument (Doc. Nos. #59 and #88 ) on their pending dispositive motions. The requests are DENIED, until and unless the Court, in considering the dispositive motions, determines that such a hearing would be helpful. If the Court does so determine, it will enter an order scheduling oral argument. Signed by District Judge Eli J. Richardson on 3/24/21. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
February 9, 2021 Opinion or Order Filing 244 NOTICE of Change of Address by Keane A. Barger (Barger, Keane)
February 5, 2021 Opinion or Order Filing 243 ORDER: This matter is now before the Court upon Smart Communications's "Motion to Compel Defendants to Produce Their Source Code and to Provide a Complete Inspection of the Accused Systems." Docket No. 188. Smart Communications's Motion (Docket No. 188) is GRANTED IN PART and DENIED IN PART. VendEngine must produce any as yet unproduced source code necessary for MailRoom to operate, all MailRoom source code identified by Dr. Melvin in either of his Declarations, and any source code revision history that is still outstanding. VendEngine must also permit an inspection of MailRoom's OCR function. All other requests are DENIED. Signed by Magistrate Judge Jeffery S. Frensley on 2/5/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
February 5, 2021 Opinion or Order Filing 242 ORDER: This matter is now before the Court upon a "Motion to Compel Source Code brought by Defendants and VendEngine. Docket No. 166 (162). Defendants and VendEngine have filed additional supporting documents. Docket Nos. 166-1 through 166-21 (161-1 through 162-21). Smart Communications has filed a Response in Opposition and a supporting document. Docket Nos. 177, 177-1. Defendants and VendEngine have filed a Reply and supporting documents. Docket Nos. 182 (181); 182-1 through 182-6 (181-1 through 181-6). For the reasons set forth below, Defendants' and VendEngine's Motion (Docket No. 162) is GRANTED. To the extent that it is within its possession, custody, or control, Smart Communications must produce the computer source code that enables its electronic messaging system. Smart Communications must also produce the computer source code that enabled its Platform prior to May 12, 2014, the priority date of the '617 Patent. Signed by Magistrate Judge Jeffery S. Frensley on 2/5/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
January 29, 2021 Opinion or Order Filing 241 Joint MOTION to Amend/Correct the Case Schedule by HLFIP Holding, Inc.. (Flynn, Kevin)
January 21, 2021 Opinion or Order Filing 240 ORDER granting #236 Motion for Leave to File Document Under Seal. From the face of the sealed filing, it is clear that the legitimate interests in favor of sealing outweigh the interests of the public in accessing the document. Intervenor has filed a redacted version of the document at Doc. No. #239 . Signed by District Judge Eli J. Richardson on 1/21/2021. (vh)
January 20, 2021 Opinion or Order Filing 239 RESPONSE in Opposition re #216 MOTION for Review re #209 Order on Motion to Compel, REDACTED filed by VendEngine, Inc.. (Attachments: #1 Exhibit A- TVID v Sony Dkt 427)(Schlehuber, Anthony)
January 20, 2021 Opinion or Order Filing 238 Sealed Opposition to Motion for Review #218 filed by VendEngine, Inc. (Attachments: #1 Exhibit A- TVID v Sony Dkt 427, #2 Exhibit B- Excerpt of Sherrod Deposition)(Schlehuber, Anthony) Modified on 1/21/2021 (vh).
January 20, 2021 Opinion or Order Filing 237 MEMORANDUM in Support of #236 MOTION for Leave to File Document Under Seal filed by VendEngine, Inc. . (Schlehuber, Anthony)
January 20, 2021 Opinion or Order Filing 236 MOTION for Leave to File Document Under Seal by VendEngine, Inc.. (Schlehuber, Anthony)
January 19, 2021 Opinion or Order Filing 235 REDACTION to #228 Order on Motion for Leave to File Document Under Seal,,,, #213 SEALED MOTION by HLFIP Holding, Inc.. (Attachments: #1 Exhibit 1 - Redacted - Plaintiff's Supplemental Brief in Support of Its Motion to Compel Defendants to Produce Their Source Code and To Provide a Complete Inspection of the Accused Systems, #2 Exhibit A - Redacted - Second Declaration of Dr. Stephen Melvin, #3 Exhibit B - Redacted - Chris Sherrod Deposition Excerpts)(Flynn, Kevin)
January 18, 2021 Opinion or Order Filing 234 REDACTION to #218 SEALED Memorandum of Law in support of Motion for Review re: #219 Order by HLFIP Holding, Inc. (Attachments: #1 Exhibit A - Letter Schlehuber to Flynn, #2 Exhibit B - redacted, #3 Exhibit C - redacted, #4 Exhibit D - redacted, #5 Exhibit E - redacted, #6 Exhibit F - redacted, #7 Exhibit G - redacted, #8 Exhibit H - redacted, #9 Exhibit I - redacted, #10 Exhibit J - redacted, #11 Exhibit K - Case)(Flynn, Kevin) Modified on 1/19/2021 (dt).
January 15, 2021 Opinion or Order Filing 233 RESPONSE in Opposition re #188 MOTION to Compel REDACTED filed by VendEngine, Inc.. (Attachments: #1 Exhibit A- 12/7/2020 EF Schlehuber)(Schlehuber, Anthony)
January 15, 2021 Opinion or Order Filing 232 Sealed Document Supplemental Opposition regarding 188 filed by VendEngine, Inc.. (Attachments: #1 Exhibit A- 12/07/2020 EF Schlehuber, #2 Exhibit B- Excerpt of Sherrod Deposition Transcript)(Schlehuber, Anthony)
January 15, 2021 Opinion or Order Filing 231 MEMORANDUM in Support of #230 MOTION for Leave to File Document Under Seal filed by VendEngine, Inc. . (Schlehuber, Anthony)
January 15, 2021 Opinion or Order Filing 230 MOTION for Leave to File Document Under Seal by VendEngine, Inc.. (Schlehuber, Anthony)
January 11, 2021 Opinion or Order Filing 229 ORDER granting #223 Motion for Leave to File a Supplemental Brief in Response. As provided in that Order, Defendants and Intervenor must file their Supplemental Brief in Response on or before Friday, January 15, 2021. Signed by Magistrate Judge Jeffery S. Frensley on 1/11/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
January 8, 2021 Opinion or Order Filing 228 ORDER: Pending before the Court are two motions filed by Plaintiff related to its Motion to Compel Defendants to Produce Their Source Code and to Provide a Complete Inspection of the Accused Systems (Docket No. #188 ). First, Plaintiff has filed a Motion for Leave to File Under Seal. Docket No. #212 . To the extent that the Motion (Docket No. #212 ) seeks permission to file a Supplemental Brief, that Motion is GRANTED. If they wish to file a Supplemental Response, Defendants and VendEngine are ordered to do so on or before Friday, January 15, 2020. To the extent that Plaintiff's Motion seeks to file its Motion to file a Supplemental Brief and exhibits (Docket Nos. #213 , 213-1, 213-2, and 213-3) Court does not believe that the entirety of all the documents falls within the Protective Order. Therefore, in accordance with Local Rule 5.03(c), Plaintiff must file, on or before January 19, 2021, a redacted copy of Docket No. #213 and its exhibits for the public file. Signed by Magistrate Judge Jeffery S. Frensley on 01/08/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
January 8, 2021 Opinion or Order Filing 227 Additional Attachments to Main Document re: #223 Unopposed MOTION for Leave to File Supplemental Response . (Schlehuber, Anthony)
January 8, 2021 Opinion or Order Filing 226 Sealed Document Proposed Supplemental Response filed by VendEngine, Inc.. (Attachments: #1 Exhibit B- Excerpt of Sherrod Deposition Transcript)(Schlehuber, Anthony)
January 8, 2021 Opinion or Order Filing 225 MEMORANDUM in Support of #224 MOTION for Leave to File Document Under Seal filed by VendEngine, Inc. . (Schlehuber, Anthony)
January 8, 2021 Opinion or Order Filing 224 MOTION for Leave to File Document Under Seal by VendEngine, Inc.. (Schlehuber, Anthony)
January 8, 2021 Opinion or Order Filing 223 Unopposed MOTION for Leave to File Supplemental Response by VendEngine, Inc.. (Attachments: #1 Exhibit A- 12_07_2020 EF Schlehuber)(Schlehuber, Anthony)
January 7, 2021 Opinion or Order Filing 222 MEMORANDUM in Support of #160 MOTION for Leave to File Document Under Seal , #180 MOTION for Leave to File Document Under Seal , #201 MOTION for Leave to File Document Under Seal , #133 MOTION for Leave to File Document Under Seal filed by HLFIP Holding, Inc. . (Attachments: #1 Attachment 1 - Redacted Dkt. 135-20, #2 Attachment 2 - Redacted Dkt. 135-21, #3 Attachment 3 - Redacted Dkt. 162, #4 Attachment 4 - Redacted Dkt. 162-16, #5 Attachment 5 - Redacted Dkt. 162-19, #6 Attachment 6 - Redacted Dkt. 162-20, #7 Attachment 7 - Redacted Dkt. 162-21, #8 Attachment 8 - Redacted Dkt. 180-2, #9 Attachment 9 - Redacted Dkt. 202, #10 Attachment 10 - Redacted Dkt. 202-1, #11 Attachment 11 - Redacted Dkt. 202-2, #12 Attachment 12 - Redacted Dkt. 202-3, #13 Attachment 13 - Redacted Dkt. 202-4, #14 Attachment 14 - Redacted Dkt. 202-5, #15 Attachment 15 - Redacted Dkt. 202-6, #16 Attachment 16 - Redacted Dkt. 202-8, #17 Attachment 17 - Redacted Dkt. 202-9, #18 Attachment 18 - Redacted Dkt. 202-10)(Flynn, Kevin)
January 7, 2021 Opinion or Order Filing 221 Unopposed MOTION for Leave to Leave to File Memorandum Supporting Motions to Seal Out of Time re #160 MOTION for Leave to File Document Under Seal , #180 MOTION for Leave to File Document Under Seal , #201 MOTION for Leave to File Document Under Seal , #133 MOTION for Leave to File Document Under Seal by HLFIP Holding, Inc.. (Flynn, Kevin)
January 6, 2021 Opinion or Order Filing 220 NOTICE of Filing by HLFIP Holding, Inc. re Annotation - Deficiency Notice, #218 Sealed Document, Notice Describing Exhibits (Flynn, Kevin)
January 6, 2021 Opinion or Order Filing 219 ORDER: Pending before the Court is Plaintiff's Motion for Leave to File Under Seal (Doc. No. #217 , Motion). The Motion is GRANTED. The Court does not believe that the entire documents fall within the Protective Order, however. Therefore, in accordance with Local Rule 5.03(c), Plaintiff shall file, on or before January 18, 2021, a redacted copy of Doc. No. #218 and its exhibits for the public file. Signed by District Judge Eli J. Richardson on 01/06/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
January 6, 2021 Opinion or Order NOTICE TO FILER re DE#218 : Counsel failed to include the mandatory description of the attached exhibits. Counsel is directed to file a notice that lists each exhibit with a brief description. (ln)
January 5, 2021 Opinion or Order Filing 218 Sealed Document Memorandum Supporting Motion for Review and Exhibits filed by HLFIP Holding, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Flynn, Kevin)
January 5, 2021 Opinion or Order Filing 217 MOTION for Leave to File Document Under Seal Memorandum and Exhibits Supporting Motion for Review by HLFIP Holding, Inc.. (Flynn, Kevin)
January 5, 2021 Opinion or Order Filing 216 MOTION for Review re #209 Order on Motion to Compel, by HLFIP Holding, Inc.. (Flynn, Kevin)
December 31, 2020 Opinion or Order Filing 215 Letter from All Parties re Claim Construction Hearing. (Bahou, Andre)
December 29, 2020 Opinion or Order Filing 214 ORDER: Smart Communications's Motion for Leave to Exceed Limit on Number of Depositions (Docket No. #144 ) is GRANTED IN PART and DENIED IN PART. Smart Communications may take the depositions of the individuals named in its Memorandum (Silas Deane, Chris Sherrod, Jen Powell, Jeff Holloway, and Bernard Salandy), as well as the 30(b)(6) depositions of Rutherford County, RCADC, and VendEngine. Smart Communications's Motion is DENIED without prejudice to the extent that it proposes to take any further depositions, including the depositions of unnamed individuals. Signed by Magistrate Judge Jeffery S. Frensley on 12/29/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
December 29, 2020 Opinion or Order Filing 213 SEALED MOTION filed by HLFIP Holding, Inc.. (Attachments: #1 Exhibit 1 - Plaintiff's Supplemental Brief in Support of Its Motion to Compel Defendants to Produce Their Source Code and To Provide a Complete Inspection of the Accused Systems, #2 Exhibit A - Second Declaration of Dr. Stephen Melvin, #3 Exhibit B - Chris Sherrod Deposition Excerpts)(Barger, Keane) Modified on 12/30/2020 (dt).
December 29, 2020 Opinion or Order Filing 212 MOTION for Leave to File Document Under Seal Plaintiff's Unopposed Motion for Leave to File a Supplemental Brief in Support of Its Motion to Compel by HLFIP Holding, Inc.. (Barger, Keane)
December 23, 2020 Opinion or Order Filing 211 MEMORANDUM in Support of #103 Case Management Order, filed by HLFIP Holding, Inc. Reply Claim Construction Brief. (Attachments: #1 Exhibit A - MS Dict - Remote, #2 Exhibit B - Shamos Dep)(Flynn, Kevin)
December 22, 2020 Opinion or Order Filing 210 ORDER granting Request to Amend Case Schedule #208 . Discovery due by 1/29/2021. Dispositive Motions due by 6/9/2021. Signed by Magistrate Judge Jeffery S. Frensley on 12/22/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
December 22, 2020 Opinion or Order Filing 209 SEALED ORDER granting in part and denying in part #141 Motion to Compel. Signed by Magistrate Judge Jeffery S. Frensley on 12/22/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 12/22/2020 (dt).
December 18, 2020 Opinion or Order Filing 208 STIPULATION re Case Management Conference by Telephone Joint Request to Amend the Case Schedule by HLFIP Holding, Inc.. (Flynn, Kevin)
December 11, 2020 Opinion or Order Filing 207 MEMORANDUM in Support of #103 Case Management Order, filed by VendEngine, Inc. Responsive Claim Construction Brief. (Attachments: #1 Exhibit A- Non-final rejection, #2 Exhibit B- Excerpts of Melvin Transcript, #3 Exhibit C- Shamos second rebuttal, #4 Exhibit D- US10230390, #5 Exhibit E- US9940363, #6 Exhibit F- US8327338, #7 Exhibit G- US7774408, #8 Exhibit H- US7774408)(Schlehuber, Anthony)
December 8, 2020 Opinion or Order Filing 206 ORDER: Defendants' Motion to File Under Seal Exhibits to Declaration of Andre J. Bahou in Support of Defendants' Opposition to Smart Communications' Motion for a Protective Order and to Strike (Docket No. #97 ) is GRANTED IN PART and DENIED IN PART. The deposition excerpts at issue (Docket Nos. 98-2, 98-3, and 98-4) will remain sealed. The letter from Plaintiff to Defendants (Docket No. 98-1) will be unsealed. Signed by Magistrate Judge Jeffery S. Frensley on 12/8/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
December 7, 2020 Opinion or Order Filing 205 REPLY to Response to re #200 MOTION to Amend/Correct Affirmative Defenses filed by VendEngine, Inc.. (Schlehuber, Anthony)
December 7, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference by Telephone held on 12/7/2020. (Hearing lasted 00:27)(ms)
December 3, 2020 Opinion or Order Filing 204 ORDER: A Case Management Conference by Telephone set for 12/7/2020 at 1:00 PM before Magistrate Judge Jeffery S. Frensley. The parties shall call 1-877-336-1831 at the appointed time, and when prompted for the access code, enter 7039387# to participate in the Conference. Signed by Magistrate Judge Jeffery S. Frensley on 12/3/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
November 30, 2020 Opinion or Order Filing 203 RESPONSE in Opposition re #200 MOTION to Amend/Correct Affirmative Defenses filed by HLFIP Holding, Inc.. (Attachments: #1 Exhibit A - invalidity contentions, #2 Exhibit B - Jim Logan excerpts, #3 Exhibit C - Stanton subpoena response, #4 Exhibit D - Scott excerpts, #5 Exhibit E - 30b6 excerpts, #6 Exhibit F - Everly case, #7 Exhibit G - 2020-11-20 email)(Flynn, Kevin)
November 16, 2020 Opinion or Order Filing 202 Sealed Document Memorandum in support of Motion to Amend filed by VendEngine, Inc.. (Attachments: #1 Exhibit 1- Defendants' Amended Answer, #2 Exhibit 2- Intervenor's Amended Answer in Intervention, #3 Exhibit 3- Intervenor's Amended Answer to Counterclaim, #4 Exhibit 4- Defendants' Amended Answer Redline, #5 Exhibit 5- Intervenor's Amended Answer in Intervention Redline, #6 Exhibit 6- Intervenor's Amended Answer to Counterclaim Redline, #7 Exhibit 15- 08/10/2020 LF Bahou, #8 Exhibit 21- Scott Depo Tr, #9 Exhibit 22- Contract, #10 Exhibit 23- Contract)(Schlehuber, Anthony)
November 16, 2020 Opinion or Order Filing 201 MOTION for Leave to File Document Under Seal by VendEngine, Inc.. (Schlehuber, Anthony)
November 16, 2020 Opinion or Order Filing 200 MOTION to Amend/Correct Affirmative Defenses by VendEngine, Inc.. (Attachments: #1 Exhibit Ex. 7- First RFPs to Plaintiff, #2 Exhibit Ex. 8- Plaintiff's Responses to First RFPs, #3 Exhibit 9- 02/07/2020 LF Bahou, #4 Exhibit 10- 03/13/2020 EF Grier, #5 Exhibit 11- Carlton Fields subpoena response, #6 Exhibit 12- 09/25/2020 EF Quicker, #7 Exhibit 13- Stanton subpoena response, #8 Exhibit 14- 08/14/2020 EF Bahou, #9 Exhibit 16- Plaintiff's Certification of Completion of Production, #10 Exhibit 17- 09/23/2020 EF Frensley, Mag. J., #11 Exhibit 18- 10/03/2020 EF McNeill, #12 Exhibit 19- 10/13/2020 EF McNeill, #13 Exhibit 20- 11/11/2020 EF Flynn, #14 Exhibit 24- 09/23/2020 EF Einsiedel)(Schlehuber, Anthony)
November 13, 2020 Opinion or Order Filing 199 MEMORANDUM in Support of #188 MOTION to Compel filed by VendEngine, Inc. REDACTED. (Schlehuber, Anthony)
November 13, 2020 Opinion or Order Filing 198 RESPONSE in Support re #189 MOTION for Leave to File Document Under Seal filed by VendEngine, Inc.. (Schlehuber, Anthony)
November 11, 2020 Opinion or Order Filing 197 Sealed Document Reply Supporting Technical MTC filed by HLFIP Holding, Inc.. (Attachments: #1 Exhibit A - Powell Excerpt, #2 Exhibit B - Inspection Excerpt)(Flynn, Kevin)
November 11, 2020 Opinion or Order Filing 196 MOTION for Leave to File Document Under Seal Reply to Technical MTC by HLFIP Holding, Inc.. (Flynn, Kevin)
November 9, 2020 Opinion or Order Filing 195 MEMORANDUM in Support of #103 Case Management Order, filed by HLFIP Holding, Inc. Plaintiff's Opening Claim Construction Brief. (Attachments: #1 Exhibit A - Asserted Patent, #2 Exhibit B - Melvin First Decl, #3 Exhibit C - Melvin 2d Decl, #4 Exhibit D - Response to OA, #5 Exhibit E - Allowance, #6 Exhibit F - Shamos first Decl, #7 Exhibit G - Shamos 2d Decl, #8 Exhibit H - McGraw Hill primary key, #9 Exhibit I - Websters primary key, #10 Exhibit J - MS Dict record, #11 Exhibit K - MS Dict kiosk, #12 Exhibit L - original claims)(Flynn, Kevin)
November 6, 2020 Opinion or Order Filing 194 RESPONSE in Opposition re #188 MOTION to Compel REDACTED filed by VendEngine, Inc.. (Attachments: #1 Exhibit 1- Proposed Inspection of VendEngine Service, #2 Exhibit 2- Emails re Joint Discovery Dispute Statement, #3 Exhibit 3- Bahou email re Core Tech Docs, #4 Exhibit 4- Source Code Production, #5 Exhibit 5- April 9 Bahou letter, #6 Exhibit 6- August 24 Bahou letter, #7 Exhibit 7- October 7 Letter from Flynn, #8 Exhibit 8- October 28 Discovery Dispute Letter, #9 Exhibit 9- October 28 Quicker Email, #10 Exhibit 10- October 29 Bahou email to Quicker, #11 Exhibit 11- October 29 Bahou email to Flynn, #12 Exhibit 12- October 29 McNeill letter, #13 Exhibit 13- Smart Communications' First Set of ROGs to Rutherford)(Schlehuber, Anthony)
November 6, 2020 Opinion or Order Filing 193 Sealed Document filed by VendEngine, Inc.. (Schlehuber, Anthony)
November 6, 2020 Opinion or Order Filing 192 MEMORANDUM in Support of #191 MOTION for Leave to File Document Under Seal filed by VendEngine, Inc. . (Schlehuber, Anthony)
November 6, 2020 Opinion or Order Filing 191 MOTION for Leave to File Document Under Seal by VendEngine, Inc.. (Schlehuber, Anthony)
October 30, 2020 Opinion or Order Filing 190 Sealed Document filed by HLFIP Holding, Inc.. (Attachments: #1 Exhibit E - Rutherford County's First Supplemental Responses to First Set of Interrogatories, #2 Exhibit F - Intervenor's Responses to First Set of Interrogatories, #3 Exhibit H - Defendant's Responses to First Set of Interrogatories, #4 Exhibit J - Defendant's Responses to Plaintiff's Second Set of Interrogatories, #5 Exhibit K - Letter From K. Flynn to E. Ramage dated September 15, 2020, #6 Exhibit L - Letter from A. Schlehuber to K. Flynn dated September 22, 2020, #7 Exhibit M - Declaration of Dr. Stephen Melvin dated October 26, 2020, #8 Exhibit N - Letter from K. Flynn to A.J. Bahou dated October 7, 2020)(Barger, Keane)
October 30, 2020 Opinion or Order Filing 189 MOTION for Leave to File Document Under Seal by HLFIP Holding, Inc.. (Barger, Keane)
October 30, 2020 Opinion or Order Filing 188 MOTION to Compel by HLFIP Holding, Inc.. (Attachments: #1 Exhibit A - Rutherford County Adult Detention Center's Responses to First Set of Requests for Production, #2 Exhibit B - Defendants' Rule 26 Initial Disclosures, #3 Exhibit C - Notice of Deposition of Deputy Chief Christopher Fly, #4 Exhibit D - Intervenor's Initial Disclosures, #5 Exhibit G - Intervenor's Response to Plaintiff's First Set of Requests for Production, #6 Exhibit I - Defendant's Responses to Plaintiff's First Set of Requests for Production)(Barger, Keane)
October 30, 2020 Opinion or Order Filing 187 ORDER granting #184 Motion to Extend Deadline for Discovery Motions. Signed by Magistrate Judge Jeffery S. Frensley on 10/30/2020. (dt)
October 30, 2020 Opinion or Order Filing 186 ORDER granting #183 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Jeffery S. Frensley on 10/30/2020. (dt)
October 29, 2020 Opinion or Order Filing 185 MEMORANDUM in Support of #184 MOTION for Extension of Time to File Discovery Motions filed by VendEngine, Inc. . (Attachments: #1 Exhibit 1- Email chain re meet and confer, #2 Exhibit 2- Email chain re extension of time, #3 Exhibit 3- Email re ongoing discovery dispute)(Schlehuber, Anthony)
October 29, 2020 Opinion or Order Filing 184 MOTION for Extension of Time to File Discovery Motions by VendEngine, Inc.. (Schlehuber, Anthony)
October 26, 2020 Opinion or Order Filing 183 MOTION for Extension of Time to Complete Discovery by HLFIP Holding, Inc.. (Attachments: #1 Attachment Memorandum In Support of Motion, #2 Attachment Proposed Order, #3 Exhibit A: Email Re Depo Dates, #4 Exhibit B: Email Re Delay for M&C, #5 Exhibit C: Email Withdrawing Attorney Deposition Subpoenas, #6 Exhibit D: Depo Subpoena to Stanton IP Law, #7 Exhibit E: Depo Subpoena to Attorney Stanton, #8 Exhibit F: Depo Subpoena to Carlton Fields Law Firm, #9 Exhibit G: Depo Subpoena to Shah IP Law)(Quicker, Katrina)
October 26, 2020 Opinion or Order Filing 182 REPLY to Response to re #166 MOTION to Compel Source Code filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc.. (Attachments: #1 Attachment Attachment 1 - Declaration of Christopher McNeill, #2 Exhibit Exhibit A - Transcript of 9-21 Deposition of Justin Scott (Redacted), #3 Exhibit Exhibit B - IDS for US Pat App 16286305, #4 Exhibit Exhibit C - IDS for US Pat App 16877456, #5 Exhibit Exhibit D - IDS for US Pat App 16409084, #6 Exhibit Exhibit E - IDS for US Pat App 16529745)(McNeill, Christopher)
October 26, 2020 Opinion or Order Filing 181 Sealed Document REPLY in Support of Motion to Compel Source Code filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc.. (Attachments: #1 Attachment Attachment 1 - Declaration of Christopher McNeill, #2 Exhibit Exhibit A - Transcript of 9-21 Deposition of Justin Scott, #3 Exhibit Exhibit B - IDS for US Pat App 16286305, #4 Exhibit Exhibit C - IDS for US Pat App 16877456, #5 Exhibit Exhibit D - IDS for US Pat App 16409084, #6 Exhibit Exhibit E - IDS for US Pat App 16529745)(McNeill, Christopher)
October 26, 2020 Opinion or Order Filing 180 MOTION for Leave to File Document Under Seal by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc.. (McNeill, Christopher)
October 24, 2020 Opinion or Order Filing 179 ORDER granting #167 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Jason S. Jackson is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 10/24/2020. (vk)
October 22, 2020 Opinion or Order Filing 178 CERTIFICATE of Service re Dkt. 17 filed by HLFIP Holding, Inc. re #177 Response in Opposition to Motion filed by HLFIP Holding, Inc.. (Flynn, Kevin)
October 22, 2020 Opinion or Order NOTICE TO FILER re DE#177 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (dt)
October 21, 2020 Opinion or Order Filing 177 RESPONSE in Opposition re #166 MOTION to Compel Source Code filed by HLFIP Holding, Inc.. (Attachments: #1 Exhibit A - Synopsys Motion to Compel and Discovery Requests)(Flynn, Kevin)
October 20, 2020 Opinion or Order Filing 176 MEMORANDUM in Support of #144 MOTION For Leave to Exceed Limit on Number of Depositions filed by VendEngine, Inc. PUBLIC. (Attachments: #1 Exhibit A - FILED UNDER SEAL, #2 Exhibit B - Plaintiff's Notice of Deposition to Vendengine, #3 Exhibit C - Plaintiff's Notice of Deposition to Rutherford County, #4 Exhibit D - Plaintiff's Notice of Deposition to Rutherford County Adult Detention Center, #5 Exhibit E - Notice of Deposition of Jen Powell, #6 Exhibit F - Notice of Deposition of Chris Sherrod, #7 Exhibit G - Notice of Deposition of Jeff Holloway, #8 Exhibit H - Notice of Deposition of Bernard Salandy, #9 Exhibit I - Notice of Deposition of Silas Deane, #10 Exhibit J - Notice of Deposition of Unknown Rutherford County or Rutherford County Adult Detention Center Employee, #11 Exhibit K - Notice of Deposition of Unknown Vendengine Employee, #12 Exhibit L - Notice of Deposition of Unknown Rutherford County or Rutherford County Adult Detention Center Employee, #13 Exhibit M - Intervenor's Initial Disclosures, #14 Exhibit N - FILED UNDER SEAL, #15 Exhibit O - FILED UNDER SEAL, #16 Exhibit P - Email from R. Deglman to Silas Deane dated June 14, 2017)(Schlehuber, Anthony)
October 20, 2020 Opinion or Order Filing 175 RESPONSE in Support re #145 MOTION for Leave to File Document Under Seal filed by VendEngine, Inc.. (Schlehuber, Anthony)
October 20, 2020 Opinion or Order Filing 174 MEMORANDUM in Support of #141 MOTION to Compel Discovery Regarding Use of Accused System and Related Financial Information filed by VendEngine, Inc. REDACTED. (Attachments: #1 Exhibit A - Plaintiff's First Set of Interrogatories to Vendengine, #2 Exhibit B - Plaintiff's First Set of Requests for Production to Vendengine, #3 Exhibit C- FILED UNDER SEAL, #4 Exhibit D- Intervenor's Responses to First Set of Requests for Production, #5 Exhibit E - Plaintiff's First Set of Interrogatories to Vendengine, #6 Exhibit F - Plaintiff's First Set of Requests for Production to Vendengine, #7 Exhibit G- FILED UNDER SEAL, #8 Exhibit H - Defendant's Responses to First Set of Requests for Production, #9 Exhibit I - Plaintiff's Second Set of Interrogatories to Vendengine, #10 Exhibit J - FILED UNDER SEAL, #11 Exhibit K - Email from T. Schlehuber to K. Quicker dated September 4, 2020, #12 Exhibit L - Intervenor's Initial Disclosures, #13 Exhibit M - FILED UNDER SEAL, #14 Exhibit N - FILED UNDER SEAL, #15 Exhibit O - Vendengine Product Overview, #16 Exhibit P - Oregon BLAST Meeting, #17 Exhibit Q - FILED UNDER SEAL, #18 Exhibit R - FILED UNDER SEAL, #19 Exhibit S - FILED UNDER SEAL, #20 Exhibit T - FILED UNDER SEAL, #21 Exhibit U - FILED UNDER SEAL, #22 Exhibit V - FILED UNDER SEAL)(Schlehuber, Anthony)
October 20, 2020 Opinion or Order Filing 173 RESPONSE in Support re #142 MOTION for Leave to File Document Under Seal filed by VendEngine, Inc.. (Schlehuber, Anthony)
October 20, 2020 Opinion or Order Filing 172 JOINT Statement Joint Claim Construction Chart. (Flynn, Kevin)
October 19, 2020 Opinion or Order GA State Bar status verified as active for Jason Jackson not admitted to this court - Local counsel required. (dt)
October 16, 2020 Opinion or Order Filing 171 Sealed Document Reply ISO Motion to Compel Financials filed by HLFIP Holding, Inc.. (Attachments: #1 Exhibit A - Plaintiff's Interrogatory Answers in 111 Case, #2 Exhibit B - Aylus v Apple, #3 Exhibit C - Order re DirectPacket Motion to Compel, #4 Exhibit D - PolyCom Opposition to DirectPacket Motion to Compel)(Flynn, Kevin)
October 16, 2020 Opinion or Order Filing 170 MOTION for Leave to File Document Under Seal by HLFIP Holding, Inc.. (Flynn, Kevin)
October 16, 2020 Opinion or Order Filing 169 REPLY to Response to re #144 MOTION For Leave to Exceed Limit on Number of Depositions filed by HLFIP Holding, Inc.. (Flynn, Kevin)
October 16, 2020 Opinion or Order Filing 168 JOINT STIPULATION AND AGREED ORDER re #164 Motion for Extension of Time to File Joint Claim Construction Chart: Considering this agreement, it is, therefore, ORDERED that the Parties shall have until October 20, 2020 to file their Joint Claim Construction Chart, after complying with the requirements of the Amended Case Management Order and the Local Rules. Signed by Magistrate Judge Jeffery S. Frensley on 10/16/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
October 16, 2020 Opinion or Order Filing 167 MOTION for attorney Jason S. Jackson to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3236447) by HLFIP Holding, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Barger, Keane)
October 15, 2020 Opinion or Order Filing 166 MOTION to Compel Source Code by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc.. (Attachments: #1 Attachment Attachment 1 - Declaration of Christopher McNeill, #2 Exhibit Ex. A - Letter from Flynn dated 9/25/2020, #3 Exhibit Ex. B - Defendants First Set of RFPs dated 12/18/2019, #4 Exhibit Ex. C - Defendants First Set of Interrogatories dated 12/18/2019, #5 Exhibit Ex. D - Plaintiffs Responses to First RFPs dated 1/17/2020, #6 Exhibit Ex. E - Plaintiffs Answers to First Set of Interrogatories dated 1/17/2020, #7 Exhibit Ex. F - Letter from Bahou dated 2/7/2020, #8 Exhibit Ex. G - Email from Flynn dated 3/13/2020, #9 Exhibit Ex. H - Email from Bahou dated 8/14/2020, #10 Exhibit Ex. I - Letter from Bahou dated 8/10/2020, #11 Exhibit Ex. J - Defendants Fourth Set of RFPs dated 8/13/2020, #12 Exhibit Ex. K - Plaintiffs Production Certification dated 9/4/2020, #13 Exhibit Ex. L - Plaintiff First Supp. Answers to Interrogatories dated 9/4/2020, #14 Exhibit Ex. M - Letter from Flynn dated 9/15/2020, #15 Exhibit Ex. N - Plaintiffs Responses to Fourth Set of RFPs dated 9/14/2020, #16 Exhibit Ex. O - Justin Scott Depos. Trans. dated 9/21/2020, #17 Exhibit Ex. P - Letter from Bahou dated 9/22/2020, #18 Exhibit Ex. Q - Email from Schlehuber dated 9/23/2020, #19 Exhibit Ex. R - Letter from Logan dated 4/25/2020, #20 Exhibit Ex. S - Letter from Scott dated 4/26/2020, #21 Exhibit Ex. T - Jon Logan Depos. Trans. dated 9/24/2020)(McNeill, Christopher)
October 15, 2020 Opinion or Order Filing 165 RESPONSE in Opposition re #141 MOTION to Compel Discovery Regarding Use of Accused System and Related Financial Information Redacted filed by VendEngine, Inc.. (Schlehuber, Anthony)
October 15, 2020 Opinion or Order (DISREGARD - ENTERED IN ERROR) NOTICE TO FILER (dt) Modified on 10/15/2020 (dt).
October 15, 2020 Opinion or Order NOTICE TO FILER re DE#155 : The wrong event was used. The correct event should be Response in Opposition to Motion. Counsel shall re-file the document. (dt)
October 15, 2020 Opinion or Order NOTICE TO FILER re DE#163 : The wrong event was used. The correct event should be Motion to Compel. Counsel shall re-file the document. (dt)
October 14, 2020 Opinion or Order Filing 164 Joint MOTION for Extension of Time to File Joint Claim Construction Chart by VendEngine, Inc.. (Attachments: #1 Attachment Proposed Order)(Schlehuber, Anthony)
October 14, 2020 Opinion or Order Filing 163 (DISREGARD - ENTERED IN ERROR - ATTORNEY TO REFILE) REDACTION to #162 Sealed Document, by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc. (Attachments: #1 Attachment Attachment 1 - Declaration of Christopher McNeill, #2 Exhibit Ex. A - Letter from Flynn dated 9/25/2020, #3 Exhibit Ex. B - Defendants First Set of RFPs dated 12/18/2019, #4 Exhibit Ex. C - Defendants First Set of Interrogatories dated 12/18/2019, #5 Exhibit Ex. D - Plaintiffs Responses to First RFPs dated 1/17/2020, #6 Exhibit Ex. E - Plaintiffs Answers to First Set of Interrogatories dated 1/17/2020, #7 Exhibit Ex. F - Letter from Bahou dated 2/7/2020, #8 Exhibit Ex. G - Email from Flynn dated 3/13/2020, #9 Exhibit Ex. H - Email from Bahou dated 8/14/2020, #10 Exhibit Ex. I - Letter from Bahou dated 8/10/2020, #11 Exhibit Ex. J - Defendants Fourth Set of RFPs dated 8/13/2020, #12 Exhibit Ex. K - Plaintiffs Production Certification dated 9/4/2020, #13 Exhibit Ex. L - Plaintiff First Supp. Answers to Interrogatories dated 9/4/2020, #14 Exhibit Ex. M - Letter from Flynn dated 9/15/2020, #15 Exhibit Ex. N - Plaintiffs Responses to Fourth Set of RFPs dated 9/14/2020, #16 Exhibit Ex. O - Justin Scott Depos. Trans. dated 9/21/2020, #17 Exhibit Ex. P - Letter from Bahou dated 9/22/2020, #18 Exhibit Ex. Q - Email from Schlehuber dated 9/23/2020, #19 Exhibit Ex. R - Letter from Logan dated 4/25/2020, #20 Exhibit Ex. S - Letter from Scott dated 4/26/2020, #21 Exhibit Ex. T - Jon Logan Depos. Trans. dated 9/24/2020)(McNeill, Christopher) Modified on 10/15/2020 (dt).
October 14, 2020 Opinion or Order Filing 162 Sealed Document MOTION to Compel Source Code filed by Michael Fitzhugh, Christopher Fly, HLFIP Holding, Inc., Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc.. (Attachments: #1 Attachment Declaration of Christopher McNeill, #2 Exhibit Ex. A - Letter from Flynn dated 9/25/2020, #3 Exhibit Ex. B - Defendants First Set of RFPs dated 12/18/2019, #4 Exhibit Ex. C - Defendants First Set of Interrogatories dated 12/18/2019, #5 Exhibit Ex. D - Plaintiffs Responses to First RFPs dated 1/17/2020, #6 Exhibit Ex. E - Plaintiffs Answers to First Set of Interrogatories dated 1/17/2020, #7 Exhibit Ex. F - Letter from Bahou dated 2/7/2020, #8 Exhibit Ex. G - Email from Flynn dated 3/13/2020, #9 Exhibit Ex. H - Email from Bahou dated 8/14/2020, #10 Exhibit Ex. I - Letter from Bahou dated 8/10/2020, #11 Exhibit Ex. J - Defendants Fourth Set of RFPs dated 8/13/2020, #12 Exhibit Ex. K - Plaintiffs Production Certification dated 9/4/2020, #13 Exhibit Ex. L - Plaintiff First Supp. Answers to Interrogatories dated 9/4/2020, #14 Exhibit Ex. M - Letter from Flynn dated 9/15/2020, #15 Exhibit Ex. N - Plaintiffs Responses to Fourth Set of RFPs dated 9/14/2020, #16 Exhibit Ex. O - Justin Scott Depos. Trans. dated 9/21/2020, #17 Exhibit Ex. P - Letter from Bahou dated 9/22/2020, #18 Exhibit Ex. Q - Email from Schlehuber dated 9/23/2020, #19 Exhibit Ex. R - Letter from Logan dated 4/25/2020, #20 Exhibit Ex. S - Letter from Scott dated 4/26/2020, #21 Exhibit Ex. T - Jon Logan Depos. Trans. dated 9/24/2020)(McNeill, Christopher)
October 14, 2020 Opinion or Order Filing 161 MEMORANDUM in Support of #160 MOTION for Leave to File Document Under Seal filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc. . (McNeill, Christopher)
October 14, 2020 Opinion or Order Filing 160 MOTION for Leave to File Document Under Seal by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc.. (McNeill, Christopher)
October 14, 2020 Opinion or Order Filing 158 ORDER granting #149 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Mark S. Einsiedel is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 10/14/2020. vk
October 14, 2020 Opinion or Order Filing 157 ORDER granting #148 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Jeffrey W. Lesovitz is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 10/14/2020. vk
October 13, 2020 Opinion or Order Filing 159 JOINT STIPULATION AND AGREED ORDER: Parties have agreed upon and requested an expedited briefing schedule for discovery motions pursuant to this Court's order (Dkt. #136 ). The party against whom a discovery motion is filed shall have five (5) business days after receiving service of the motion to file a memorandum in opposition, and the party filing a discovery motion shall have three (3) business days after receiving service of the memorandum in opposition to file a reply memorandum. Surreplies regarding discovery motions shall not be permitted without leave of court. Signed by Magistrate Judge Jeffery S. Frensley on 10/13/2020. (dt)
October 13, 2020 Opinion or Order Filing 156 DECLARATION of Schlehuber filed by VendEngine, Inc. re: #154 Sealed Document,. (Attachments: #1 Exhibit 1- VE MOU, #2 Exhibit 2- VE MOU, #3 Exhibit 3- VE MOU, #4 Exhibit 4- VE MOU, #5 Exhibit 5- Thought Inc Dkt 138, #6 Exhibit 6- 9/30/2020 EF Schlehuber, #7 Exhibit SC advertisement, #8 Exhibit Scott transcript, #9 Exhibit Deglman transcript)(Schlehuber, Anthony)
October 13, 2020 Opinion or Order Filing 155 REDACTION to #154 Sealed Document, by VendEngine, Inc.. (Schlehuber, Anthony)
October 13, 2020 Opinion or Order Filing 154 Sealed Document Opposition re 141 MOTION to Compel Discovery filed by VendEngine, Inc.. (Attachments: #1 Exhibit 1- VE MOU, #2 Exhibit 2- VE MOU, #3 Exhibit 3- VE MOU, #4 Exhibit 4- VE Amendment to Permit, #5 Exhibit 7- SC advertisement, #6 Exhibit 8- Scott transcript, #7 Exhibit 9- Deglman transcript)(Schlehuber, Anthony)
October 13, 2020 Opinion or Order Filing 153 MEMORANDUM in Support of #152 MOTION for Leave to File Document Under Seal filed by VendEngine, Inc. . (Schlehuber, Anthony)
October 13, 2020 Opinion or Order Filing 152 MOTION for Leave to File Document Under Seal by VendEngine, Inc.. (Schlehuber, Anthony)
October 13, 2020 Opinion or Order Filing 151 RESPONSE in Opposition re #144 MOTION For Leave to Exceed Limit on Number of Depositions filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc.. (Attachments: #1 Attachment Attachment 1 - Declaration of Christopher McNeill, #2 Exhibit Exhibit A-Notice of Deposition of Silas Deane, #3 Exhibit Exhibit B-Notice of Deposition of Bernard Salandy, #4 Exhibit Exhibit C-Email from Grier dated 4/3/2020, #5 Exhibit Exhibit D-Notice of 30(b)(6) Deposition of Rutherford County, #6 Exhibit Exhibit E-Notice of 30(b)(6) Deposition of Rutherford County Adult Detention Center, #7 Exhibit Exhibit F-Notice of 30(b)(6) Deposition of VendEngine, #8 Exhibit Exhibit G-Notice of Deposition of Chris Sherrod, #9 Exhibit Exhibit H-Notice of Deposition of Jen Powell, #10 Exhibit Exhibit I-Notice of Deposition of Jeff Holloway, #11 Exhibit Exhibit J-Notice of Deposition of Unknown Rutherford County or RCADC Employee, #12 Exhibit Exhibit K-Notice of Deposition of Unknown Rutherford County or RCADC Employee, #13 Exhibit Exhibit L-Notice of Deposition of Unknown VendEngine Employee, #14 Exhibit Exhibit M-Email from Bahou dated 8/31/2020, #15 Exhibit Exhibit N-Email from Quicker dated 9/2/2020, #16 Exhibit Exhibit O-Email from Flynn dated 9/8/2020, #17 Exhibit Exhibit P-Email from Flynn dated 9/21/2020, #18 Exhibit Exhibit Q-Email from Bahou dated 9/27/2020, #19 Exhibit Exhibit R-Email from Flynn dated 9/28/2020, #20 Exhibit Exhibit S-Plaintiff's Initial Disclosures, #21 Exhibit Exhibit T-Defendants' Rule 26 Initial Disclosures, #22 Exhibit Exhibit U-Intervenor's Initial Disclosures, #23 Exhibit Exhibit V-Defendants' First Supplemental Rule 26 Initial Disclsoures, #24 Exhibit Exhibit W-Email from Schlehuber dated 8/19/2020)(McNeill, Christopher)
October 13, 2020 Opinion or Order TN State Bar status verified as active for Christopher T. McNeill admitted to this court. (dt)
October 13, 2020 Opinion or Order OH State Bar status verified as active for Mark Einsiedel not admitted to this court - Local counsel required. (dt)
October 13, 2020 Opinion or Order NY State Bar status verified as active for Jeffrey Lesovitz not admitted to this court - Local counsel required. (dt)
October 9, 2020 Opinion or Order Filing 150 Joint Case Resolution Status Report by HLFIP Holding, Inc.. (Flynn, Kevin)
October 9, 2020 Opinion or Order Filing 149 MOTION for attorney Mark S. Einsiedel to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3232431) by HLFIP Holding, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Barger, Keane)
October 9, 2020 Opinion or Order Filing 148 MOTION for attorney Jeffrey W. Lesovitz to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3232421) by HLFIP Holding, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Barger, Keane)
October 8, 2020 Opinion or Order Filing 147 JOINT STIPULATION AND AGREED ORDER granting #139 Motion for Extension of Time to File Joint Claim Construction Sheet. The Parties shall have until October 14, 2020 to file their Joint Claim Construction Chart, after complying with the requirements of the Amended Case Management Order and the Local Rules. Signed by Magistrate Judge Jeffery S. Frensley on 10/8/2020. (vh)
October 6, 2020 Opinion or Order Filing 146 Sealed Document filed by HLFIP Holding, Inc.. (Attachments: #1 Exhibit A - Excerpt from Deposition of Sheriff Fitzhugh, #2 Exhibit B - Plaintiff's Notice of Deposition to Vendengine, #3 Exhibit C - Plaintiff's Notice of Deposition to Rutherford County, #4 Exhibit D - Plaintiff's Notice of Deposition to Rutherford County Adult Detention Center, #5 Exhibit E - Notice of Deposition of Jen Powell, #6 Exhibit F - Notice of Deposition of Chris Sherrod, #7 Exhibit G - Notice of Deposition of Jeff Holloway, #8 Exhibit H - Notice of Deposition of Bernard Salandy, #9 Exhibit I - Notice of Deposition of Silas Deane, #10 Exhibit J - Notice of Deposition of Unknown Rutherford County or Rutherford County Adult Detention Center Employee, #11 Exhibit K - Notice of Deposition of Unknown Vendengine Employee, #12 Exhibit L - Notice of Deposition of Unknown Rutherford County or Rutherford County Adult Detention Center Employee, #13 Exhibit M - Intervenor's Initial Disclosures, #14 Exhibit N - Email from J. Powell to C. Fly dated December 19, 2017, #15 Exhibit O - Email from Jail Admin to J. Powell dated September 6, 2019, #16 Exhibit P - Email from R. Deglman to Silas Deane dated June 14, 2017)(Barger, Keane)
October 6, 2020 Opinion or Order Filing 145 MOTION for Leave to File Document Under Seal by HLFIP Holding, Inc.. (Barger, Keane)
October 6, 2020 Opinion or Order Filing 144 MOTION For Leave to Exceed Limit on Number of Depositions by HLFIP Holding, Inc.. (Barger, Keane)
October 6, 2020 Opinion or Order Filing 143 Sealed Document filed by HLFIP Holding, Inc.. (Attachments: #1 Exhibit A - Plaintiff's First Set of Interrogatories to Vendengine, #2 Exhibit B - Plaintiff's First Set of Requests for Production to Vendengine, #3 Exhibit C - Intervenor's Responses to First Set of Interrogatories, #4 Exhibit D - Intervenor's Responses to First Set of Requests for Production, #5 Exhibit E - Plaintiff's First Set of Interrogatories to Vendengine, #6 Exhibit F - Plaintiff's First Set of Requests for Production to Vendengine, #7 Exhibit G - Defendant's Responsess to Plaintiff's First Set of Interrogatories, #8 Exhibit H - Defendant's Responses to First Set of Requests for Production, #9 Exhibit I - Plaintiff's Second Set of Interrogatories to Vendengine, #10 Exhibit J - Defendant's Responses to Plaintiff's Second Set of Interrogatories, #11 Exhibit K - Email from T. Schlehuber to K. Quicker dated September 4, 2020, #12 Exhibit L - Intervenor's Initial Disclosures, #13 Exhibit M - Letter from K. Flynn to W. Ramage dated September 15, 2020, #14 Exhibit N - Letter from A. Schlehuber to K. Flynn dated September 22, 2020, #15 Exhibit O - Vendengine Product Overview, #16 Exhibit P - Oregon BLAST Meeting, #17 Exhibit Q - Email from Jail Admin to J. Powell dated September 6, 2019, #18 Exhibit R - Vendengine Memorandum of Understanding, #19 Exhibit S - Eamil from K. Hasty to J. Russell dated April 23, 2019, #20 Exhibit T - Email from S. Deane to K. Stringer dated October 15, 2017, #21 Exhibit U - Email from K. Hasty to K. Burke dated December 11, 2018, #22 Exhibit V - Email from J. Powell to J. Seelman dated October 27, 2017)(Barger, Keane)
October 6, 2020 Opinion or Order Filing 142 MOTION for Leave to File Document Under Seal by HLFIP Holding, Inc.. (Barger, Keane)
October 6, 2020 Opinion or Order Filing 141 MOTION to Compel Discovery Regarding Use of Accused System and Related Financial Information by HLFIP Holding, Inc.. (Barger, Keane)
October 6, 2020 Opinion or Order Filing 140 Joint MOTION To Set Briefing Schedule for Discovery Motions by HLFIP Holding, Inc.. (Attachments: #1 Attachment A - Joint Stipulation and Agreed Order)(Barger, Keane)
October 5, 2020 Opinion or Order Filing 139 Joint MOTION for Extension of Time to File Joint Claim Construction Chart by HLFIP Holding, Inc.. (Attachments: #1 Attachment Proposed Joint Stipulation and Agreed Order)(Barger, Keane)
October 2, 2020 Opinion or Order Filing 137 NOTICE of Appearance by Christopher T. McNeill on behalf of Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee (McNeill, Christopher)
October 1, 2020 Opinion or Order Filing 138 ORDER: Motion for a Sixty-Day Extension of Time and for a Protective Order #117 is GRANTED in part and DENIED in part as set forth within the order. The deadline to complete all fact discovery is extended to Monday, 10/26/2020. Signed by Magistrate Judge Jeffery S. Frensley on 10/1/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
October 1, 2020 Opinion or Order Filing 136 ORDER: The Court held a discovery conference with the Parties on 9/30/2020 to discuss the outstanding discovery disputes. Based upon the discussion, the Court rules as follows: the Motions to Compel (Docket Nos. #124 and #128 ) are DENIED without prejudice to be refiled if necessary consistent with the discussions at the discovery conference. Plaintiff's Motion to Seal (Docket No. #126 ) is GRANTED. Signed by Magistrate Judge Jeffery S. Frensley on 10/1/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
September 29, 2020 Opinion or Order Filing 135 Sealed Document filed by VendEngine, Inc.. (Attachments: #1 Exhibit A - Smart Communications' ROGs to VendEngine March 6, #2 Exhibit B - Smart Communications' RFPs to VendEngine March 6, #3 Exhibit C - VendEngine Response to March 6 ROGs, #4 Exhibit D - VendEngine Response to March 6 RFPs, #5 Exhibit E - Smart Communications' ROGs to VendEngine June 22, #6 Exhibit F - Smart Communications' RFPs to VendEngine June 22, #7 Exhibit G - VendEngine Response to June 22 ROGs, #8 Exhibit H - VendEngine Response to June 22 RFPs, #9 Exhibit I - Smart Communications' ROGs to VendEngine August 13, #10 Exhibit J - VendEngine Response to August 13 ROGs, #11 Exhibit K - VendEngine Certification of Completion, #12 Exhibit L - Smart Communications Deficiency Letter to VendEngine, #13 Exhibit M - VendEngine Response to Deficiency Letter, #14 Exhibit N - Oregon BLAST Meeting, #15 Exhibit 1 - 01_31_2020 EF Schlehuber, #16 Exhibit 2 - 09_15_2020 EF Quicker, #17 Exhibit 3 - 09_18_2020 Bahou Ltr, #18 Exhibit 4 - 09_22_2020 Bahou Ltr, #19 Exhibit 5 - 09_25_2020 Bahou Ltr, #20 Exhibit 6 - 04_25_2015 Email, #21 Exhibit 7 - 04_26_2015 Email, #22 Exhibit 8 - 12_18_2020 RFPs to Smart Comm, #23 Exhibit 9 - 01_17_2020 Plaintiff's Responses to First RFPs, #24 Exhibit 10 - 12_18_2020 Rogs to Smart Comm, #25 Exhibit 11 - 09_04_2020 Supplemental Responses to First Rogs, #26 Exhibit 12 - 02_07_2020 2d RFP to Smart Comm, #27 Exhibit 13 - 03_09_2020 Plaintiff's Responses to 2d RFP, #28 Exhibit 14 - 08_13_2020 4th RFP to Smart Comm, #29 Exhibit 15 - 09_14_2020 Plaintiffs Responses to 4th RFP, #30 Exhibit 16 - 09_04_2020 SC Certification of Substantial Completion)(Schlehuber, Anthony)
September 29, 2020 Opinion or Order Filing 134 MEMORANDUM in Support of #133 MOTION for Leave to File Document Under Seal filed by VendEngine, Inc. . (Schlehuber, Anthony)
September 29, 2020 Opinion or Order Filing 133 MOTION for Leave to File Document Under Seal by VendEngine, Inc.. (Schlehuber, Anthony)
September 29, 2020 Opinion or Order Filing 132 ORDER: Case Management Conference by Telephone is set for 9/30/2020 at 02:00 PM before Magistrate Judge Jeffery S. Frensley. The parties shall call 1-877-336-1831 at the appointed time, and when prompted for the access code, enter 7039387# to participate in the Conference. Signed by Magistrate Judge Jeffery S. Frensley on 9/29/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
September 28, 2020 Opinion or Order Filing 131 ORDER granting #123 Motion for Extend Deadline for Submission of Discovery Motions. Signed by Magistrate Judge Jeffery S. Frensley on 9/28/2020. (dt)
September 26, 2020 Opinion or Order Filing 130 CERTIFICATE of Service filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee re #129 Memorandum in Support, filed by Michael Fitzhugh, Rutherford County, Tennessee, Keith D. Lowery, Christopher Fly, Rutherford County Adult Detention Center. (Bahou, Andre)
September 26, 2020 Opinion or Order Filing 129 MEMORANDUM in Support of #128 MOTION for Leave to to File Discovery Motion Out of Time filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee . (Attachments: #1 Exhibit A - Compel Source Code, #2 Exhibit B - Recall Justin Scott, #3 Exhibit C - Recall Robert Deglman)(Bahou, Andre)
September 25, 2020 Opinion or Order Filing 128 MOTION for Leave to to File Discovery Motion Out of Time by Michael Fitzhugh, Christopher Fly, Rutherford County Adult Detention Center, Rutherford County, Tennessee. (Attachments: #1 Attachment Proposed Order)(Bahou, Andre)
September 25, 2020 Opinion or Order Filing 127 Sealed Document filed by HLFIP Holding, Inc.. (Attachments: #1 Attachment 1 - Memorandum in Support of Motion to Compel, #2 Exhibit A - Smart's Interrogatories to Vendengine Dated March 2020, #3 Exhibit B - Smart's Requests for Production to Vendengine Dated March 6, 2020, #4 Exhibit C - Vendengine's Responses to March 6, 2020 Interrogatories, #5 Exhibit D - Vendengine's Responses to March 6, 2020 Interrogatories, #6 Exhibit E - Smart's Interrogatories to Vendengine Dated June 22, 2020, #7 Exhibit F - Smart's Requests for Production to Vendengine Dated June 22, 2020, #8 Exhibit G - Vendengine's Responses to June 22, 2020 Interrogatories, #9 Exhibit H - Vendengine's Responses to June 22, 2020 Interrogatories, #10 Exhibit I - Smart's Interrogatories to Vendengine Dated August 13, 2020, #11 Exhibit J - Vendengine's Responses to August 13, 2020 Interrogatories, #12 Exhibit K - Vendengine's Certification of Completion, #13 Exhibit L - Smart's Deficiency Letter to Vendengine Dated September 15, 2020, #14 Exhibit M - Vendengine's Response to September 15, 2020 Deficiency Letter, #15 Exhibit N - Oregon Blast Meeting)(Barger, Keane)
September 25, 2020 Opinion or Order Filing 126 MOTION to Seal by HLFIP Holding, Inc.. (Barger, Keane)
September 25, 2020 Opinion or Order Filing 125 MEMORANDUM in Support of #124 MOTION for Leave to for Leave to File Instanter and Out of Time Motion to Compel Discovery and For Leave to Take Depositions filed by HLFIP Holding, Inc. . (Attachments: #1 Exhibit A - September 17 Email From T. Schlehuber to Counsel)(Barger, Keane)
September 25, 2020 Opinion or Order Filing 124 MOTION for Leave to for Leave to File Instanter and Out of Time Motion to Compel Discovery and For Leave to Take Depositions by HLFIP Holding, Inc.. (Attachments: #1 Attachment 1 - Proposed Order)(Barger, Keane)
September 25, 2020 Opinion or Order Filing 123 Joint MOTION for Extension of Time to File Discovery Motions by VendEngine, Inc.. (Attachments: #1 Attachment Proposed Order)(Schlehuber, Anthony)
September 21, 2020 Opinion or Order Filing 122 ORDER granting #116 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Robert Thomas Razzano is granted. Signed by Vicki Kinkade on 09/21/2020. (vk)
September 14, 2020 Opinion or Order Filing 121 ORDER granting #70 Motion for Leave to File Exhibit Under Seal. The excerpts of the deposition transcript of Sheriff Michael Fitzhugh, which Plaintiff filed under seal in support of its Opposition to Defendants' Motion to Amend Protective Order, shall remain under seal. Signed by Magistrate Judge Jeffery S. Frensley on 9/14/2020. (vh)
September 14, 2020 Opinion or Order OH State Bar status verified as active for Robert T. Razzano not admitted to this court - Local counsel required. (vh)
September 13, 2020 Opinion or Order Filing 120 ORDER AND MEMORANDUM OPINION: Plaintiff's Motion for Review (Doc. No. #108 ) is DENIED, and the Order of the Magistrate Judge (Doc. No. #107 ) is AFFIRMED. Signed by District Judge Eli J. Richardson on 9/13/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
September 9, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference by Telephone held on 9/9/2020. (Hearing lasted 2:10)(ms)
September 8, 2020 Opinion or Order Filing 119 ORDER: Plaintiff's Motion for a Sixty-Day Extension of Time and for a Protective Order Forbidding In-Person Depositions to Avoid COVID-19 #117 is granted. Responses and replies to the Motion for Protective Order shall be in accordance with the requirements of Local Rule 7.01(a). Signed by Magistrate Judge Jeffery S. Frensley on 9/8/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
September 8, 2020 Opinion or Order Filing 118 ORDER: Case Management Conference by Telephone set for 9/9/2020 at 10:00 AM before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 9/8/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
September 3, 2020 Opinion or Order Filing 117 MOTION for Protective Order and for Sixty-Day Extension of Time by HLFIP Holding, Inc.. (Attachments: #1 Attachment A: Requested Extension in '714 Case, #2 Attachment B: Requested Extension in '111 Case, #3 Exhibit A: Bahou and Ramage Letter to Grier)(Quicker, Katrina)
September 3, 2020 Opinion or Order Filing 116 MOTION for attorney Robert Thomas Razzano to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3208723) by HLFIP Holding, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Barger, Keane)
August 28, 2020 Opinion or Order Filing 115 JOINT Statement . (Attachments: #1 Exhibit August 10 Letter, #2 Exhibit August 14 Letter, #3 Exhibit August 21 Letter, #4 Exhibit July 18, 2020 FOIA, #5 Exhibit April 9 Letter, #6 Exhibit August 25 Letter)(Schlehuber, Anthony)
August 24, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference by Telephone held on 8/24/2020. (Hearing lasted 01:30)(ms)
August 24, 2020 Opinion or Order Filing 114 ORDER: Status conference held on 8/24/2020. The Parties shall continue their meet and confer efforts regarding Plaintiffs' request for inspection and provide the Court with a status update in the joint submission on 8/28/2020. Signed by Magistrate Judge Jeffery S. Frensley on 8/24/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
July 31, 2020 Opinion or Order Filing 113 NOTICE by HLFIP Holding, Inc. of Withdrawal of Appearance of Jason P. Grier (Grier, Jason)
July 22, 2020 Opinion or Order Filing 112 NOTICE by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee Withdrawal of Seventh Affirmative Defense (Bahou, Andre)
July 22, 2020 Opinion or Order Filing 111 NOTICE by VendEngine, Inc. Withdrawal of Seventh Affirmative Defense (Ramage, Wayne)
June 24, 2020 Opinion or Order Filing 110 RESPONSE in Opposition re #108 MOTION for Review re #107 Order on Motion for Protective Order, Under Local Rule 72.01 filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee. (Bahou, Andre)
June 10, 2020 Opinion or Order Filing 109 MEMORANDUM in Support of #108 MOTION for Review re #107 Order on Motion for Protective Order, Under Local Rule 72.01 filed by HLFIP Holding, Inc. . (Grier, Jason)
June 10, 2020 Opinion or Order Filing 108 MOTION for Review re #107 Order on Motion for Protective Order, Under Local Rule 72.01 by HLFIP Holding, Inc.. (Attachments: #1 Attachment Proposed Order)(Grier, Jason)
May 27, 2020 Opinion or Order Filing 107 ORDER: Smart Communications's Motion for Protective Order and to Strike (Docket No. #89 ) is GRANTED IN PART and DENIED IN PART. Signed by Magistrate Judge Jeffery S. Frensley on 5/27/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
May 27, 2020 Opinion or Order Filing 106 ORDER: Defendants' Motion to Amend Protective Order (Docket No. #61 ) is DENIED. Going forward, Smart Communications is ordered to only contact Defendants regarding settlement through the attorneys of record. Signed by Magistrate Judge Jeffery S. Frensley on 5/27/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
May 18, 2020 Opinion or Order Filing 105 REPLY to Response to re #86 MOTION for Judgment on the Pleadings filed by VendEngine, Inc.. (Ramage, Wayne)
May 12, 2020 Opinion or Order Filing 104 NOTICE of Appearance by Anthony F. Schlehuber on behalf of VendEngine, Inc. (Schlehuber, Anthony)
May 11, 2020 Opinion or Order Filing 103 AMENDED CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 12/9/2019. Discovery due by 9/25/2020. Dispositive Motions due by 5/28/2021. Case Management Conference by Telephone set for 8/24/2020 at 9:00 AM before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 5/11/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
May 11, 2020 Opinion or Order Filing 102 ORDER granting #100 Motion to Consolidate Cases. Signed by Magistrate Judge Jeffery S. Frensley on 5/11/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
May 7, 2020 Opinion or Order Filing 101 REPLY to Response to re #89 MOTION for Protective Order and to Strike filed by HLFIP Holding, Inc.. (Grier, Jason)
May 6, 2020 Opinion or Order Filing 100 Joint MOTION to Consolidate Cases for Purposes of Discovery and for Entry of Case Management Order by HLFIP Holding, Inc.. (Attachments: #1 Exhibit A - Proposed Amended Initial Case Management Order, #2 Attachment Proposed Order)(Grier, Jason)
April 30, 2020 Opinion or Order Filing 99 DECLARATION of Andre J. Bahou filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee re: #96 Response in Opposition to Motion. (Attachments: #1 Exhibit A-Smart Comm 1st RFP to Def, #2 Exhibit B-SEALED Gann 2019 Letter, #3 Exhibit C-SEALED Fly Depo Transcript, #4 Exhibit D-SEALED Fitzhugh Depo Transcript, #5 Exhibit E-SEALED Lowery Depo Transcript, #6 Exhibit F-Smart Comm Obj to Defs 1st Rogs, #7 Exhibit G-Smart Comm Obj to Defs 1st RFPs, #8 Exhibit H-Gann FL Bar Profile, #9 Exhibit I-Emails dated Feb. 4-5, 2020, #10 Exhibit J-Smart Comm 1st Rogs to Defs)(Bahou, Andre)
April 30, 2020 Opinion or Order Filing 98 Sealed Document of Deposition Exhibits filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee. (Attachments: #1 Exhibit B-Gann Letter to Sheriff, #2 Exhibit C-Fly Depo Transcript, #3 Exhibit D-Fitzhugh Depo Transcript, #4 Exhibit E-Lowery Depo Transcript)(Bahou, Andre)
April 30, 2020 Opinion or Order Filing 97 MOTION for Leave to File Document Under Seal by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee. (Attachments: #1 Attachment Proposed Order)(Bahou, Andre)
April 30, 2020 Opinion or Order Filing 96 RESPONSE in Opposition re #89 MOTION for Protective Order and to Strike filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee. (Bahou, Andre)
April 27, 2020 Opinion or Order Filing 95 DECLARATION of Jason P. Grier filed by HLFIP Holding, Inc. re: #94 Response in Opposition to Motion. (Attachments: #1 Exhibit Ex. 1 - Non-Final Office Action, #2 Exhibit Ex. 2 - Applicant's Interview Summary, #3 Exhibit Ex. 3 - Examiner's Interview Summary, #4 Exhibit Ex. 4 - Applicant's Response to Office Action, #5 Exhibit Ex. 5 - Notice of Allowance)(Grier, Jason)
April 27, 2020 Opinion or Order Filing 94 RESPONSE in Opposition re #86 MOTION for Judgment on the Pleadings filed by HLFIP Holding, Inc.. (Grier, Jason)
April 15, 2020 Opinion or Order Filing 93 ORDER granting #92 Motion for Extension of Time to File Response/Reply re #86 MOTION for Judgment on the Pleadings and #89 MOTION for Protective Order and to Strike. Signed by Magistrate Judge Jeffery S. Frensley on 4/15/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
April 13, 2020 Opinion or Order Filing 92 Joint MOTION for Extension of Time to File Response/Reply as to #86 MOTION for Judgment on the Pleadings , #89 MOTION for Protective Order and to Strike by HLFIP Holding, Inc.. (Attachments: #1 Attachment Proposed Order)(Grier, Jason)
April 2, 2020 Opinion or Order Filing 91 DECLARATION of Jason P. Grier filed by HLFIP Holding, Inc. re: #90 Memorandum in Support. (Attachments: #1 Exhibit A Email Exchange between Mr. Grier and Mr. Bahou, #2 Exhibit B Defendants' Second Set of Interrogatories, #3 Exhibit C Plaintiff's Response to Second Set of Interrogatories, #4 Exhibit D Defendants' First Requests for Admission, #5 Exhibit E Plaintiff's Responses to First Requests for Admission, #6 Exhibit F Defendants' Second Set of Requests for Production, #7 Exhibit G Plaintiff's Responses to Second Set of Requests for Production, #8 Exhibit H Email Exchange Between Mr. Grier and Mr. Bahou, #9 Exhibit I Defendants' First Amended 30(b)(1) Deposition Notice, #10 Exhibit J Defendants' 30(b)(1) Deposition Notice, #11 Exhibit K Grier Feb. 21, 2020 Letter to Mr. Bahou, #12 Exhibit L Defendants' Second Amended 30(b)(1) Deposition Notice, #13 Exhibit M Excerpts from Jim Logan's Deposition Transcript, #14 Exhibit N FL Bar Directory Search, #15 Exhibit O Defendants' Rule 30(b)(6) Deposition Notice)(Grier, Jason)
April 2, 2020 Opinion or Order Filing 90 MEMORANDUM in Support of #89 MOTION for Protective Order and to Strike filed by HLFIP Holding, Inc. . (Grier, Jason)
April 2, 2020 Opinion or Order Filing 89 MOTION for Protective Order and to Strike by HLFIP Holding, Inc.. (Attachments: #1 Attachment Proposed Order)(Grier, Jason)
March 30, 2020 Opinion or Order Filing 88 MOTION for Hearing re #86 MOTION for Judgment on the Pleadings "Oral Argument" by VendEngine, Inc.. (Ramage, Wayne)
March 30, 2020 Opinion or Order Filing 87 MEMORANDUM in Support of #86 MOTION for Judgment on the Pleadings filed by VendEngine, Inc. . (Ramage, Wayne)
March 30, 2020 Opinion or Order Filing 86 MOTION for Judgment on the Pleadings by VendEngine, Inc.. (Ramage, Wayne)
March 9, 2020 Opinion or Order Filing 85 ORDER granting #80 Motion for Leave to File Document Under Seal. Signed by Magistrate Judge Jeffery S. Frensley on 3/9/2020. (dt)
March 9, 2020 Opinion or Order (DISREGARD FILED IN ERROR) NOTICE TO FILER (dt) Modified on 3/9/2020 (dt).
March 6, 2020 Opinion or Order Filing 84 DECLARATION of A.J. Bahou filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee re: #83 Reply to Response to Motion. (Attachments: #1 Exhibit A - Redacted M. Fitzhugh Deposition Transcript dated 2/12/2020, #2 Exhibit B - Redacted J. Logan Deposition Transcript dated 3/3/2020)(Bahou, Andre)
March 6, 2020 Opinion or Order Filing 83 REPLY to Response to re #61 MOTION to Amend/Correct #51 Protective Order filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee. (Bahou, Andre)
March 6, 2020 Opinion or Order Filing 82 Sealed Document Declaration of A.J. Bahou in Support of Defendants' Reply to Amend Protective Order filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee. (Attachments: #1 Exhibit A - M. Fitzhugh Deposition Transcript dated 2/12/2020, #2 Exhibit B - J. Logan Deposition Transcript dated 3/3/2020)(Bahou, Andre)
March 6, 2020 Opinion or Order Filing 81 Sealed Document Defendants' Reply in Support of Motion to Amend Protective Order filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee. (Bahou, Andre)
March 6, 2020 Opinion or Order Filing 80 MOTION for Leave to File Document Under Seal by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee. (Attachments: #1 Attachment Proposed Order)(Bahou, Andre)
March 6, 2020 Opinion or Order Filing 79 CERTIFICATE of Service filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee re #78 Reply to Response to Motion filed by Michael Fitzhugh, Rutherford County, Tennessee, Keith D. Lowery, Christopher Fly, Rutherford County Adult Detention Center. (Bahou, Andre)
March 6, 2020 Opinion or Order NOTICE TO FILER re DE#78 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (dt)
March 5, 2020 Opinion or Order Filing 78 REPLY to Response to re #56 MOTION to Dismiss for Lack of Jurisdiction filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee. (Bahou, Andre)
March 4, 2020 Opinion or Order Filing 77 ORDER: Any party wishing for the information that is the subject of the motion to seal shall file a supplemental motion addressing the matters set forth herein on or before March 16, 2020. Signed by Magistrate Judge Jeffery S. Frensley on 3/4/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
March 4, 2020 Opinion or Order TN State Bar status verified as active for Keane A. Barger. (dt)
March 3, 2020 Opinion or Order Filing 76 NOTICE by HLFIP Holding, Inc. of Substitution of Counsel (Barger, Keane)
March 2, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference by Telephone held on 02/28/2020. (Hearing lasted 00:52)(ms)
February 28, 2020 Opinion or Order Filing 75 ORDER REGARDING PENDING DISCOVERY ISSUES: The Parties shall submit a joint statement regarding any pending issues with search terms on or before March 6, 2020. Signed by Magistrate Judge Jeffery S. Frensley on 2/28/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
February 28, 2020 Opinion or Order Filing 74 DECLARATION of Jason P. Grier filed by HLFIP Holding, Inc. re: #73 Response in Opposition to Motion. (Attachments: #1 Exhibit A - Redacted Excerpts from Deposition Transcript of Sheriff Fitzhugh, #2 Exhibit B - Feb. 3, 2020 Email from Mr. Grier to Mr. Bahou)(Grier, Jason)
February 28, 2020 Opinion or Order Filing 73 RESPONSE in Opposition re #61 MOTION to Amend/Correct #51 Protective Order REDACTED filed by HLFIP Holding, Inc.. (Grier, Jason)
February 28, 2020 Opinion or Order Filing 72 Sealed Document Declaration of Jason P. Grier in Support of Plaintiffs Response in Opposition to Defendants Motion to Amend Protective Order filed by HLFIP Holding, Inc.. (Attachments: #1 Exhibit Excerpts from Deposition Transcript of Sheriff Fitzhugh, #2 Exhibit Feb. 3, 2020 Email from Mr. Grier to Mr. Bahou)(Grier, Jason)
February 28, 2020 Opinion or Order Filing 71 Sealed Document Plaintiffs Response in Opposition to Defendants Motion to Amend Protective Order filed by HLFIP Holding, Inc.. (Grier, Jason)
February 28, 2020 Opinion or Order Filing 70 MOTION for Leave to File Document Under Seal by HLFIP Holding, Inc.. (Attachments: #1 Attachment Proposed Order)(Grier, Jason)
February 28, 2020 Opinion or Order Filing 69 PROPOSED ORDER REGARDING PENDING DISCOVERY ISSUES filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee. (Bahou, Andre) Modified on 3/6/2020 (dt).
February 27, 2020 Opinion or Order Filing 68 RESPONSE in Opposition re #56 MOTION to Dismiss for Lack of Jurisdiction filed by HLFIP Holding, Inc.. (Grier, Jason)
February 27, 2020 Opinion or Order Filing 67 RESPONSE to #59 MOTION for Oral Argument on its #56 Motion for Lack of Personal Jurisdiction and Subject Matter Jurisdiction filed by HLFIP Holding, Inc. (Reynolds, Gregory) Modified on 3/1/2020 (dt).
February 26, 2020 Opinion or Order Filing 66 ANSWER to #54 Counterclaim, by VendEngine, Inc.. (Attachments: #1 Exhibit A - 2016 Agreement, #2 Exhibit B - 2018 Amendment)(Ramage, Wayne) Modified on 2/28/2020 (dt).
February 24, 2020 Opinion or Order Filing 65 ORDER: A telephone conference is set for February 28, 2020, at 9:00 a.m. before Magistrate Judge Jeffery S. Frensley. The parties shall call 1-877-336-1831 at the appointed time, and when prompted for the access code, enter 7039387# to participate in the Conference. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please contact chambers at 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 2/24/2020. (vh)
February 19, 2020 Opinion or Order Filing 64 CERTIFICATE of Service filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee re #63 Declaration,, filed by Michael Fitzhugh, Rutherford County, Tennessee, Keith D. Lowery, Christopher Fly, Rutherford County Adult Detention Center, #58 Declaration, filed by Michael Fitzhugh, Rutherford County, Tennessee, Keith D. Lowery, Christopher Fly, Rutherford County Adult Detention Center, #62 Memorandum in Support filed by Michael Fitzhugh, Rutherford County, Tennessee, Keith D. Lowery, Christopher Fly, Rutherford County Adult Detention Center, #61 MOTION to Amend/Correct #51 Protective Order filed by Michael Fitzhugh, Rutherford County, Tennessee, Keith D. Lowery, Christopher Fly, Rutherford County Adult Detention Center. (Bahou, Andre)
February 19, 2020 Opinion or Order NOTICE TO FILER re DE#60 , #61 , #62 and #63 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (dt)
February 14, 2020 Opinion or Order Filing 63 DECLARATION of Andre J. Bahou filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee re: #62 Memorandum in Support. (Attachments: #1 Exhibit A - First Amended Protective Order, #2 Exhibit B - Letter dated June 28, 2019, #3 Exhibit C - Email dated October 7, 2019, #4 Exhibit D - Email dated October 8, 2019, #5 Exhibit E - Email dated November 7, 2019, #6 Exhibit F - Letter dated November 7, 2019, #7 Exhibit G - Letter dated January 30, 2020, #8 Exhibit H - Email dated January 30, 2020, #9 Exhibit I - Letter dated February 4, 2020)(Bahou, Andre)
February 14, 2020 Opinion or Order Filing 62 MEMORANDUM in Support of #61 MOTION to Amend/Correct #51 Protective Order filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee . (Bahou, Andre)
February 14, 2020 Opinion or Order Filing 61 MOTION to Amend/Correct #51 Protective Order by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee. (Attachments: #1 Exhibit A - First Amended Protective Order)(Bahou, Andre)
February 14, 2020 Opinion or Order Filing 60 CERTIFICATE of Service filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee re #58 Declaration, filed by Michael Fitzhugh, Rutherford County, Tennessee, Keith D. Lowery, Christopher Fly, Rutherford County Adult Detention Center. (Bahou, Andre)
February 14, 2020 Opinion or Order NOTICE TO FILER re DE#58 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include a certificate of service. Please FILE a conformed Certificate of Service for this document. (dt)
February 13, 2020 Opinion or Order Filing 59 MOTION for Oral Argument on its #56 Motion for Lack of Personal Jurisdiction and Subject Matter Jurisdiction by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee. (Bahou, Andre) Modified on 2/14/2020 (dt). Modified on 2/14/2020 (dt).
February 13, 2020 Opinion or Order Filing 58 DECLARATION of Andre J. Bahou filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee re: #57 Memorandum in Support. (Attachments: #1 Exhibit TBE Agreement dated 9/15/2016, #2 Exhibit TBE Amendment dated 5/22/2018)(Bahou, Andre)
February 13, 2020 Opinion or Order Filing 57 MEMORANDUM in Support of #56 MOTION for Lack of Personal Jurisdiction and Subject Matter Jurisdiction filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee . (Bahou, Andre) Modified on 2/14/2020 (dt).
February 13, 2020 Opinion or Order Filing 56 MOTION for Lack of Personal Jurisdiction and Subject Matter Jurisdiction by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee. (Bahou, Andre) Modified on 2/14/2020 (dt).
February 6, 2020 Opinion or Order Filing 55 NOTICE of Filing by HLFIP Holding, Inc. re Annotation - Deficiency Notice, (Attachments: #1 Exhibit A: U.S. Patent No. 10,291,617, #2 Exhibit B: VendEngine's June 21, 2018 Press Release, #3 Exhibit C: February 6, 2018 Article, #4 Exhibit D: VendEngine's April 29, 2019 Press Release, #5 Exhibit E: VendEngine's Product Booklet)(Reynolds, Gregory)
February 6, 2020 Opinion or Order NOTICE TO FILER re DE#54 : Counsel failed to include the mandatory description of the attached exhibits. The exhibits shall be REFILED by filing a Notice of Filing and attaching the exhibits with the mandatory brief description. (EXAMPLE: Attachments: # 1 Exhibit 1 Police Report dated 1/1/06, # 2 Exhibit 2 Unreported Case Smith v. Jones). (dt)
February 5, 2020 Opinion or Order Filing 54 ANSWER to #36 Counterclaim and COUNTERCLAIM against VendEngine, Inc. filed by HLFIP Holding, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Grier, Jason) Modified on 2/6/2020 (dt).
January 30, 2020 Opinion or Order Filing 53 ORDER: Motion for Judicial Settlement Conference #39 is Denied without prejudice. Signed by Magistrate Judge Jeffery S. Frensley on 1/30/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
January 22, 2020 Opinion or Order Filing 52 ORDER granting #47 Motion for Kevin P. Flynn to Appear Pro Hac Vice. Signed by Kirk L. Davies on 1/22/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
January 21, 2020 Opinion or Order Filing 51 PROTECTIVE ORDER Signed by Magistrate Judge Jeffery S. Frensley on 1/21/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
January 21, 2020 Opinion or Order Filing 50 JOINT ELECTRONIC DISCOVERY STIPULATION AND ORDER Signed by Magistrate Judge Jeffery S. Frensley on 1/21/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
January 21, 2020 Opinion or Order OH State Bar status verified as active for Kevin P. Flynn. (dt)
January 15, 2020 Opinion or Order Filing 49 NOTICE by HLFIP Holding, Inc. re #38 Order on Motion for Extension of Time to File Proposed Joint Electronic Discovery Stipulation and Order (Quicker, Katrina)
January 15, 2020 Opinion or Order Filing 48 NOTICE by HLFIP Holding, Inc. re #38 Order on Motion for Extension of Time to File Proposed Protective Order (Quicker, Katrina)
January 10, 2020 Opinion or Order Filing 47 MOTION for attorney Kevin P. Flynn to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3063973) by HLFIP Holding, Inc.. (Attachments: #1 Attachment Declaration, #2 Attachment Certificate of Good Standing)(Reynolds, Gregory)
January 9, 2020 Opinion or Order Filing 46 RESPONSE in Opposition re #39 MOTION for Judicial Settlement Conference filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee, VendEngine, Inc.. (Bahou, Andre)
January 7, 2020 Opinion or Order Filing 45 ORDER granting #44 Motion for Extension of Time to Answer the #36 Counterclaim. HLFIP Holding, Inc. answer due 2/5/2020. Signed by Magistrate Judge Jeffery S. Frensley on 1/7/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
January 6, 2020 Opinion or Order Filing 44 MOTION for Extension of Time to File Answer re #36 Answer to Complaint, Counterclaim by HLFIP Holding, Inc.. (Attachments: #1 Attachment Proposed Order)(Grier, Jason)
January 6, 2020 Opinion or Order Filing 43 ORDER SETTING CASE FOR TRIAL: Jury Trial set for 10/12/2021 at 9:00 AM in Courtroom 874 before District Judge Eli J. Richardson. Pretrial Conference set for 10/4/2021 at 8:30 AM in Courtroom 874 before District Judge Eli J. Richardson. Joint Proposed Pretrial Order due by 9/27/2021; Exhibit List due by 9/27/2021; and Witness List due by 9/27/2021. All lawyers who will participate in the trial must attend the pretrial conference. Signed by District Judge Eli J. Richardson on 01/06/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
January 6, 2020 Opinion or Order Filing 42 ORDER: The Order entered on January 3, 2019 (Docket No. 41 ) granting Plaintiff's Motion for Judicial Settlement Conference (Docket No. #39 ) is VACATED. The Motion for Extension of Time to File Response/Reply to the Motion for Judicial Settlement Conference (Docket No. #40 ) is GRANTED. Plaintiff's Motion for Judicial Settlement Conference will be ruled upon once the Motion is fully briefed. Signed by Magistrate Judge Jeffery S. Frensley on 01/06/2020. (mg)
January 3, 2020 Opinion or Order Filing 41 ***THIS ORDER VACATED PER ORDER #42 *** ORDER granting #39 Motion for Judicial Settlement Conference. Signed by Magistrate Judge Jeffery S. Frensley on 01/03/2020. (mg) Modified on 1/6/2020 (mg).
December 20, 2019 Opinion or Order Filing 40 MOTION for Extension of Time to File Response/Reply as to #39 MOTION for Judicial Settlement Conference by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee. (Attachments: #1 Attachment Proposed Order)(Bahou, Andre)
December 20, 2019 Opinion or Order Filing 39 MOTION for Judicial Settlement Conference by HLFIP Holding, Inc.. (Reynolds, Gregory) Modified on 1/6/2020 (mg).
December 17, 2019 Opinion or Order Filing 38 ORDER granting #37 Motion for Extension of Time to File a Proposed Stipulated Protective Order and a Proposed Stipulated Order Regarding Electronic Discovery. Signed by Magistrate Judge Jeffery S. Frensley on 12/17/19. (dt)
December 16, 2019 Opinion or Order Filing 37 Joint MOTION for Extension of Time to File a Proposed Stipulated Protective Order and a Proposed Stipulated Order Regarding Electronic Discovery by HLFIP Holding, Inc.. (Attachments: #1 Attachment Proposed Order)(Grier, Jason)
December 16, 2019 Opinion or Order Filing 36 ANSWER to #1 Complaint, COUNTERCLAIM against HLFIP Holding, Inc. by VendEngine, Inc.(dt)
December 16, 2019 Opinion or Order Filing 35 ORDER: Taking into account that the Court of Appeals for the Sixth Circuit has directed that requests for intervention be treated liberally, along with the minimal standards for determining satisfaction of the relevant factors, the Court finds that the Motion for Leave to Intervene (Docket No. #24 ) should be GRANTED. Having determined that intervention is appropriate under Rule 24(a)(2), it is not necessary to address whether permissive intervention would be granted under Rule 24(b)(1)(B). The Clerk is directed to file and docket the Answer and Counterclaim attached to the Motion for Leave to Intervene (Docket No. 24-1). Signed by Magistrate Judge Jeffery S. Frensley on 12/16/19. (dt)
December 10, 2019 Opinion or Order Filing 34 INITIAL CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 12/9/2019. Discovery due by 5/22/2020. Dispositive Motions due by 3/1/2021. Telephone Conference set for 3/11/2020 at 9:30 AM before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 12/10/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
November 25, 2019 Opinion or Order Filing 33 REPLY to RESPONSE to #24 MOTION to Intervene filed by VendEngine, Inc. (Ramage, Wayne) Modified on 12/5/2019 (dt).
November 24, 2019 Opinion or Order TN State Bar status verified as active for Wayne Edward Ramage. (dt)
November 22, 2019 Opinion or Order Filing 32 PROPOSED CASE MANAGEMENT ORDER - First Amended filed by Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee. (Bahou, Andre)
November 22, 2019 Opinion or Order Filing 31 JOINT Statement in Support of Certain Patent Rules for the Amended Case Management Order. (Bahou, Andre)
November 18, 2019 Opinion or Order Filing 30 RESPONSE in Opposition re #24 MOTION to Intervene filed by HLFIP Holding, Inc.. (Clark, John)
November 13, 2019 Opinion or Order Filing 29 CASE MANAGEMENT ORDER: Amended Pleadings due by 12/9/2019. Discovery due by 5/22/2020. On or before November 22, 2019 the Parties shall file a Joint Submission with the Court explaining their positions regarding utilization of the Local Patent Rules of the Western District of Tennessee identified in the Proposed Initial Case Management Order. The Parties shall also discuss their positions regarding the applicability of those provisions of the Local Patent Rules about which they disagree. The Court will thereafter set a subsequent case management conference to address additional deadlines. IT IS SO ORDERED. Signed by Magistrate Judge Jeffery S. Frensley on 11/13/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
November 12, 2019 Opinion or Order Filing 28 Plaintiff's ANSWER to #22 Answer to Complaint,, Counterclaim, by HLFIP Holding, Inc..(Reynolds, Gregory)
November 12, 2019 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Initial Case Management Conference held on 11/12/2019. (Hearing lasted :35) (ds)
November 7, 2019 Opinion or Order Filing 27 PROPOSED CASE MANAGEMENT ORDER filed by HLFIP Holding, Inc.. (Reynolds, Gregory)
November 4, 2019 Opinion or Order Filing 26 BUSINESS ENTITY DISCLOSURE STATEMENT filed by VendEngine, Inc.. (Ramage, Wayne)
November 4, 2019 Opinion or Order Filing 25 MEMORANDUM in Support of #24 MOTION to Intervene filed by VendEngine, Inc. . (Attachments: #1 Exhibit a 6.12 SC ltr to VE, #2 Exhibit b 7.2 ltr fr VA to SC, #3 Exhibit c 8,22 Press Rel, #4 Exhibit d Lindedin Pg, #5 Exhibit e Indeminity Agree, #6 Attachment proposed order)(Ramage, Wayne)
November 4, 2019 Opinion or Order Filing 24 MOTION to Intervene by VendEngine, Inc.. (Attachments: #1 Exhibit F Answer to Complaint)(Ramage, Wayne)
November 4, 2019 Opinion or Order Filing 23 NOTICE of Appearance by Wayne Edward Ramage on behalf of VendEngine, Inc. (Ramage, Wayne)
October 21, 2019 Opinion or Order Filing 22 DEFENDANTS' ANSWER to #1 Complaint,, , COUNTERCLAIM against All Plaintiffs by Michael Fitzhugh, Christopher Fly, Rutherford County, Tennessee, Rutherford County Adult Detention Center, Keith D. Lowery.(Bahou, Andre)
September 23, 2019 Opinion or Order TN State Bar status verified as active for Andre J. Bahou. (dt)
September 19, 2019 Opinion or Order Filing 21 NOTICE of Appearance by Andre J. Bahou on behalf of All Defendants (Bahou, Andre)
September 18, 2019 Opinion or Order Filing 20 ORDER granting #19 Motion for Extension of Time to Respond to Complaint. Defendants shall have up to and including October 21, 2019 to move, answer, or otherwise respond to Plaintiff HLFIP Holding, Inc. d/b/a Smart Communications IP Holdings' Complaint. Additionally, the Initial Case Management Conference is continued to November 12, 2019, at 10:30 a.m. Signed by Magistrate Judge Jeffery S. Frensley on 9/17/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
September 11, 2019 Opinion or Order Filing 19 MOTION for Extension of Time to File Response/Reply (Unopposed) by HLFIP Holding, Inc.. (Attachments: #1 Attachment Proposed Order)(Reynolds, Gregory)
September 11, 2019 Opinion or Order Filing 18 ORDER granting #10 Motion for Katrina M. Quicker to Appear Pro Hac Vice. Signed by Kirk L. Davies on 9/11/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
September 11, 2019 Opinion or Order Filing 17 ORDER granting #8 Motion for Jason P. Grier to Appear Pro Hac Vice. Signed by Kirk L. Davies on 9/11/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
September 10, 2019 Opinion or Order Filing 16 SUMMONS returned executed by HLFIP Holding, Inc.. Rutherford County Adult Detention Center served on 8/22/2019. (Reynolds, Gregory)
September 10, 2019 Opinion or Order Filing 15 SUMMONS returned executed by HLFIP Holding, Inc.. Michael Fitzhugh served on 8/22/2019. (Reynolds, Gregory)
September 10, 2019 Opinion or Order Filing 14 SUMMONS returned executed by HLFIP Holding, Inc.. Keith D. Lowery served on 8/22/2019. (Reynolds, Gregory)
September 10, 2019 Opinion or Order Filing 13 SUMMONS returned executed by HLFIP Holding, Inc.. Christopher Fly served on 8/22/2019. (Reynolds, Gregory)
September 10, 2019 Opinion or Order Filing 12 SUMMONS returned executed by HLFIP Holding, Inc.. Rutherford County, Tennessee served on 8/22/2019. (Reynolds, Gregory)
September 10, 2019 Opinion or Order Filing 11 CERTIFICATE OF GOOD STANDING of Attorney Katrina M. Quicker from the United States District Court for the Northern of Georgia filed by HLFIP Holding, Inc.. (Reynolds, Gregory)
September 10, 2019 Opinion or Order Filing 10 MOTION for attorney Katrina M. Quicker to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2989795) by HLFIP Holding, Inc.. (Attachments: #1 Attachment Declaration)(Reynolds, Gregory)
September 10, 2019 Opinion or Order Filing 9 CERTIFICATE OF GOOD STANDING of Attorney Jason P. Grier from the United States District Court for the Northern of Georgia filed by HLFIP Holding, Inc.. (Reynolds, Gregory)
September 10, 2019 Opinion or Order Filing 8 MOTION for attorney Jason P. Grier to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2989784) by HLFIP Holding, Inc.. (Attachments: #1 Attachment Declaration)(Reynolds, Gregory)
August 21, 2019 Opinion or Order Filing 7 ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge Eli J. Richardson on 8/21/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
August 21, 2019 Opinion or Order Filing 6 NOTICE of Initial Case Management Conference set for 10/15/2019 at 10:00 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (dt)
August 21, 2019 Opinion or Order Filing 5 Summons issued as to Michael Fitzhugh, Christopher Fly, Keith D. Lowery, Rutherford County Adult Detention Center and Rutherford County, Tennessee. (Service copies will be picked up by counsel.) (dt)
August 21, 2019 Opinion or Order Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt)
August 21, 2019 Opinion or Order TN State Bar status verified as active for Gregory S. Reynolds and John David Clark. GA State Bar status verified as active for Katrina M. Quicker and Jason P. Grier. (dt)
August 21, 2019 Opinion or Order NOTICE TO COUNSEL Katrina M. Quicker and Jason P. Grier: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 9/11/2019. (dt)
August 16, 2019 Opinion or Order Filing 3 NOTICE of Filing by HLFIP Holding, Inc. Report on the Filing or Determination of an Action Regarding a Patent or Trademark (Reynolds, Gregory)
August 15, 2019 Opinion or Order Filing 2 BUSINESS ENTITY DISCLOSURE STATEMENT filed by HLFIP Holding, Inc. (jw)
August 15, 2019 Opinion or Order Filing 1 COMPLAINT against Michael Fitzhugh, Christopher Flynn, Keith D. Lowery, Rutherford County Adult Detention Center, Rutherford County, Tennessee (Filing fee $400, Receipt number 0650-2973536), filed by HLFIP Holding, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Correctional Postal Mail Contraband Elimination System Patent, #3 Exhibit B - June 21, 2018 VendEngine Press Release, #4 Exhibit C - February 6, 2018 Nashville Business Journal Article, #5 Exhibit D - April 29, 2019 VendEngine Press Release, #6 Exhibit E - VendEngine Product Overview Booklet)(jw)

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Search for this case: HLFIP Holding, Inc. v. Rutherford County, Tennessee et al
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Defendant: Christopher Flynn
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Defendant: Rutherford County, Tennessee
Represented By: Andre J. Bahou
Represented By: Christopher T. McNeill
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Defendant: Keith D. Lowery
Represented By: Andre J. Bahou
Represented By: Christopher T. McNeill
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Defendant: Michael Fitzhugh
Represented By: Andre J. Bahou
Represented By: Christopher T. McNeill
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Defendant: Rutherford County Adult Detention Center
Represented By: Andre J. Bahou
Represented By: Christopher T. McNeill
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Plaintiff: HLFIP Holding, Inc.
Represented By: Gregory S. Reynolds
Represented By: John David Clark
Represented By: Katrina M. Quicker
Represented By: Jason P. Grier
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Plaintiff: HLFIP Holding, Inc. doing business as Smart Communications IP Holdings
Represented By: Gregory S. Reynolds
Represented By: John David Clark
Represented By: Katrina M. Quicker
Represented By: Jason P. Grier
Represented By: Kevin P. Flynn
Represented By: Keane A. Barger
Represented By: Robert T. Razzano
Represented By: Mark Einsiedel
Represented By: Jason Jackson
Represented By: Jeffrey Lesovitz
Represented By: Peter Jones
Represented By: Kathryn A Vance
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Counter plaintiff: Christopher Fly
Represented By: Andre J. Bahou
Represented By: Christopher T. McNeill
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Intervenor: VendEngine, Inc.
Represented By: Wayne Edward Ramage
Represented By: Anthony F. Schlehuber
Represented By: Christopher T. McNeill
Represented By: Charles C. McLaurin
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