ECI Software Solutions Inc v. John Plyler Plumbing and Hardware Inc et al
| ECI Software Solutions, Inc. |
| Greg Matatall, Wade Frazier, Prosperity Computer Solutions, LLC and Ed Baldridge |
| ADR Provider, Leonard Davis and David Folsom |
| 2:2019cv00370 |
| November 14, 2019 |
| US District Court for the Eastern District of Texas |
| Rodney Gilstrap |
| Other Statutory Actions |
| None |
Docket Report
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| Filing 245 Proposed Pretrial Order Joint Pretrial Order by ECI Software Solutions, Inc.. (Attachments: #1 Exhibit A - Plaintiff's Witness List, #2 Exhibit b - defendant's Witness List, #3 Exhibit C - Plainyoff's Amended grial Exhibit List, #4 Exhibit D - Plaintiff's Obj to Defendant's Trial Exhibits, #5 Exhibit E - Plaintiff's Initial Deposition Designations, #6 Exhibit F - Plntf's Obj to defs' Initial Depo designations, #7 Exhibit G - Proposed Jury Instructions, #8 Exhibit H - Verdict From, #9 Exhibit I - Proposed TrialManagement Procedures)(Lovett, Mary-Olga) |
| Filing 244 RESPONSE to Motion re #240 MOTION in Limine (Plaintiff's Motions In Limine) filed by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions, LLC. (Dolghih, Elisaveta) |
| Filing 243 RESPONSE to Motion re #241 MOTION in Limine (Plaintiff's Responses to Defendants' Motions in Limine) filed by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order on Defendants' Motions In Limine)(LaVigne, Christopher) |
| Filing 242 NOTICE of Attorney Appearance by Elisaveta Dolghih on behalf of Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions, LLC (Dolghih, Elisaveta) |
| Filing 241 MOTION in Limine by Ed Baldridge, Wade Frazier, Greg Matatall. (Dolghih, Elisaveta) (Additional attachment(s) added on 5/4/2020: #1 Text of Proposed Order) (nkl, ). |
| Filing 240 MOTION in Limine (Plaintiff's Motions In Limine) by ECI Software Solutions, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Christopher S. Dodrill, #2 Text of Proposed Order Granting Plaintiff's Motions In Limine)(LaVigne, Christopher) |
| Filing 239 DEFICIENT DOCUMENT MOTION in Limine (Plaintiff's Motion In Limine) by ECI Software Solutions, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Christopher S. Dodrill, #2 Text of Proposed Order Order Granting Plaintiff's Motion In Limine)(LaVigne, Christopher) Modified on 4/24/2020 (nkl, ). |
| NOTICE of Deficiency regarding the MOTION in Limine submitted document #239 does not contain a Certificate of Conference. Correction should be made by one business day. (nkl, ) |
Filing 238
FOURTH AMENDED DOCKET CONTROL ORDER re Pretrial Conference set for 5/21/2020 09:00 AM before District Judge Rodney Gilstrap., Jury Selection set for 6/1/2020 09:00AM before District Judge Rodney Gilstrap. Signed by District Judge Rodney Gilstrap on 4/23/2020. (nkl, )
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Filing 237
ORDER denying #162 Motion for Discovery Plaintiff's Motion for Leave to Complete Expert Discovery and Supplement Expert Report. Signed by District Judge Rodney Gilstrap on 4/17/2020. (nkl, )
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| Minute Entry for proceedings held before District Judge Rodney Gilstrap: TELEPHONIC Motion Hearing held on 4/16/2020 re #162 MOTION for Discovery Plaintiff's Motion for Leave to Complete Expert Discovery and Supplement Expert Report filed by ECI Software Solutions, Inc. Ms. Lovett and Mr. Stark appeared as counsel for Plaintiff. Ms. Dolghih appeared as counsel for Defendants. Ms. Lovett argued for Plaintiff. Ms. Dolghih argued for Defendants. The Court DENIED the motion. (Court Reporter Shelly Holmes, CSR-TCRR.) (jml) |
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Filing 236
THIRD AMENDED DOCKET CONTROL ORDER re #235 Joint MOTION to Amend/Correct #229 Order,,, Terminate Motions,,, Scheduling Order,, filed by ECI Software Solutions, Inc.., Pretrial Conference set for 5/12/2020 09:00 AM before District Judge Rodney Gilstrap., Jury Selection set for 5/20/2020 09:00AM before District Judge Rodney Gilstrap., Mediation Completion due by 5/8/2020., Motions in Limine due by 4/24/2020., Proposed Pretrial Order due by 5/5/2020. Signed by District Judge Rodney Gilstrap on 4/13/2020. (nkl, )
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| NOTICE of TELEPHONIC Hearing on Motion #162 MOTION for Discovery Plaintiff's Motion for Leave to Complete Expert Discovery and Supplement Expert Report : TELEPHONIC Motion Hearing set for 4/16/2020 02:00 PM before District Judge Rodney Gilstrap. ***The Court's telephone conference number is 877-336-1839. The Access Code is 5737419#. Participants should use a landline phone connection, unless use of a cellular connection is the only viable means available. Participants shall mute themselves upon joining the conference and stay muted unless speaking. Further participants shall identify themselves each and every time they speak.***(jml) |
| Filing 235 Joint MOTION to Amend/Correct #229 Order,,, Terminate Motions,,, Scheduling Order,, by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order)(LaVigne, Christopher) |
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Filing 234
ORDER re #233 Unopposed MOTION to Continue Trial Setting filed by Wade Frazier, Greg Matatall, Prosperity Computer Solutions, LLC, Ed Baldridge., Pretrial Conference set for 5/12/2020 09:00 AM before District Judge Rodney Gilstrap., Jury Selection set for 5/20/2020 09:00AM before District Judge Rodney Gilstrap. Signed by District Judge Rodney Gilstrap on 4/4/2020. (nkl, )
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| Filing 233 Unopposed MOTION to Continue Trial Setting by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions, LLC. (Dolghih, Elisaveta) (Additional attachment(s) added on 4/2/2020: #1 Text of Proposed Order) (nkl, ). |
| Filing 232 NOTICE by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions, LLC Defendants' Amended Notice of Request for Daily Transcripts and Real-Time Court Proceedings (Dolghih, Elisaveta) |
| Filing 231 NOTICE by ECI Software Solutions, Inc. Plaintiff's Amended Notice of Request for Daily Transcript and Real Time Reporting of Court Proceedngs (Lovett, Mary-Olga) |
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Filing 230
SECOND AMENDED PROTECTIVE ORDER re #226 Motion for Protective Order. Signed by District Judge Rodney Gilstrap on 3/28/2020. (nkl, )
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Filing 229
SECOND AMENDED DOCKET CONTROL ORDER re #221 Joint MOTION re #219 Order,, Terminate Motions,, Scheduling Order, Joint Motion for Entry of Proposed Docket Control Order filed by ECI Software Solutions, Inc.., Pretrial Conference set for 4/28/2020 02:00 PM before District Judge Rodney Gilstrap., Jury Selection set for 5/4/2020 09:00AM before District Judge Rodney Gilstrap., Mediation Completion due by 4/24/2020., Motions in Limine due by 4/10/2020., Proposed Pretrial Order due by 4/21/2020. Signed by District Judge Rodney Gilstrap on 3/28/2020. (nkl, )
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| Filing 228 MOTION to Withdraw Motion to Modify Protective Order by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order)(LaVigne, Christopher) |
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Filing 227
ORDER finding as moot #150 Motion to Compel; finding as moot #159 Motion to Amend/Correct. Accordingly, the hearing on both motions scheduled for March 25, 2020 at 10 a.m. is no longer necessary and is CANCELLED.. Signed by District Judge Rodney Gilstrap on 3/25/2020. (nkl, )
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| Filing 226 Joint MOTION for Protective Order Joint Motion to Modify Protective Order by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order)(LaVigne, Christopher) |
| Filing 225 FILED IN ERROR NOTICE by ECI Software Solutions, Inc. re #159 MOTION to Amend/Correct Plaintiff's Motion to Modify Protective Order (Attachments: #1 Text of Proposed Order)(LaVigne, Christopher) Modified on 3/25/2020 (nkl, ). |
| ***FILED IN ERROR - was filed using the wrong docket event. Document # 225, Notice. PLEASE IGNORE.*** (nkl, ) |
| Filing 224 MOTION to Withdraw Motion to Compel by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions, LLC. (Attachments: #1 Text of Proposed Order Order Denying Defendants' Motion to Compel as Moot)(Dolghih, Elisaveta) (Additional attachment(s) added on 3/24/2020: #2 Revised Proposed Order) (nkl, ). |
| NOTICE of Hearing on Motion via VIDEO CONFERENCE #150 MOTION to Compel : Motion Hearing set for 3/25/2020 10:00 AM before District Judge Rodney Gilstrap. ***Please follow instructions emailed to counsel for the hearing.***(jml) |
| ***FILED IN ERROR - a proposed order should not be filed on the docket as a separate entry. Document # 223, Additional Attachments to Main Document. PLEASE IGNORE.*** (nkl, ) |
| ***FILED IN ERROR - was filed using the wrong docket event. Document # 222, Notice. PLEASE IGNORE.*** (nkl, ) |
| Filing 223 FILED IN ERROR Additional Attachments to Main Document: #222 Notice (Other).. (Dolghih, Elisaveta) Modified on 3/24/2020 (nkl, ). |
| Filing 222 FILED IN ERROR NOTICE by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions, LLC Notice of Withdrawal of Defendants' Motion to Compel (Dolghih, Elisaveta) Modified on 3/24/2020 (nkl, ). |
| Filing 221 Joint MOTION re #219 Order,, Terminate Motions,, Scheduling Order, Joint Motion for Entry of Proposed Docket Control Order by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order)(LaVigne, Christopher) |
| NOTICE of Hearing:TELEPHONIC Status Conference set for 3/18/2020 01:00 PM before District Judge Rodney Gilstrap. The parties should be prepared to discuss whether any dispute remains regarding the subject of the Motion to Compel and the Protective Order. ***The Court's telephone number is (903) 938-8452. The parties are to contact the Court AFTER all parties have joined the call. Participants should use a landline phone connection. Cell phones are not to be used unless prior leave is granted by the Court, which leave will only be granted in exceptional circumstances.***(jml) |
| NOTICE of Hearing on Motion #150 MOTION to Compel : Motion Hearing RESET for 3/25/2020 10:00 AM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap. (jml) |
| Minute Entry for proceedings held before District Judge Rodney Gilstrap: TELEPHONIC Status Conference held on 3/18/2020. Ms. Lovett, Mr. Stark and Ms. Dolghih appeared as counsel for the parties. The Court addressed moving Jury Selection and Trial to May 4, 2020 at 9:00 a.m. The Court further indicated that the Motion to Compel hearing would be reset to Wednesday, March 24, 2020 at 10:00 a.m. and may be held by video conference. The Court ORDERED the parties to continue to meet and confer regarding document disputes. The parties were further ORDERED to meet and confer regarding an Amended Docket Control Order.(Court Reporter Shelly Holmes, CSR-TCRR.) (jml) |
| NOTICE of Hearing on Motion #150 MOTION to Compel: Motion Hearing set for 3/23/2020 03:30 PM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap. Furthermore, the Court ORDERS that lead and local counsel for both parties shall meet and confer in person before the hearing at the courthouse in Marshall, TX, starting at 10:30 AM CDT on March 23, 2020, in an effort to resolve these disputes. (jml) |
| Filing 220 NOTICE by Prosperity Computer Solutions, LLC Notice of Request for Daily Transcripts and Real-Time Reporting of Court Proceedings (Dolghih, Elisaveta) |
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Filing 219
FIRST AMENDED DOCKET CONTROL ORDER - Pretrial Conference set for 4/7/2020 09:00 AM before District Judge Rodney Gilstrap., Jury Selection set for 4/13/2020 09:00AM before District Judge Rodney Gilstrap., Motions in Limine due by 3/20/2020., Proposed Pretrial Order due by 3/27/2020. Signed by Magistrate Judge Roy S. Payne on 3/12/2020. (nkl, )
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Filing 218
ORDER granting #216 Joint MOTION Appointment of Replacement Mediator re #208 Notice (Other), #209 Order Referring Case to Mediator filed by ECI Software Solutions, Inc.., David Folsom added. Leonard Davis (ldavis@fr.com) terminated.. Signed by District Judge Rodney Gilstrap on 3/12/2020. (nkl, )
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| Filing 217 NOTICE by ECI Software Solutions, Inc. Notice of Request for Daily Transcripts and Real-Time Reporting of Court Proceedings (Lovett, Mary-Olga) |
| Minute Entry for proceedings held before District Judge Rodney Gilstrap: TELEPHONIC Scheduling Conference held on 3/10/2020. Counsel on the call were Mary-Olga Lovett, Chris LaVigne, Patrick Stark, Rene Trevino and Lisa Dolghih. The Court held the conference to discuss the Docket Control Order.(Court Reporter Shelly Holmes, CSR-TCRR.) (jml) |
| Filing 216 Joint MOTION Appointment of Replacement Mediator re #208 Notice (Other), #209 Order Referring Case to Mediator by ECI Software Solutions, Inc.. (Attachments: #1 Exhibit A - Email, #2 Text of Proposed Order)(LaVigne, Christopher) |
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Filing 215
ORDER re #213 MOTION to Continue Motion for Continuance of Trial Setting and Request for Expedited Consideration. Telephonic Hearing set for 3/10/2020 04:15 PM before District Judge Rodney Gilstrap. Signed by District Judge Rodney Gilstrap on 3/10/2020. (ch, )
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Filing 214
ORDER granting #210 Joint MOTION Entry of Docket Control Order. Pretrial Conference set for 3/26/2020 09:00 AM before District Judge Rodney Gilstrap., Jury Selection set for 4/6/2020 09:00AM before District Judge Rodney Gilstrap., Motions due by 3/16/2020., Proposed Pretrial Order due by 3/20/2020. Signed by District Judge Rodney Gilstrap on 3/10/2020. (ch, )
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| Filing 213 MOTION to Continue Motion for Continuance of Trial Setting and Request for Expedited Consideration by ECI Software Solutions, Inc.. (Attachments: #1 Exhibit A - Declaration of Mary-Olga Lovett in Support of Plaintiff's Motion for Continuance of Trial Setting, #2 Exhibit B - Final Epiq Global Declaration, #3 Exhibit C - Declaration of P. William Stark in Support of Plaintiff's Motion for Continuance of Trial Setting, #4 Text of Proposed Order Granting Motion For Continuance, #5 Text of Proposed Order Granting Request For Expedited Consideration)(Lovett, Mary-Olga) |
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Filing 212
ORDER granting #206 Unopposed Motion for Jury Trial. Signed by District Judge Rodney Gilstrap on 3/5/2020. (ch, )
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| Filing 211 NOTICE by ECI Software Solutions, Inc. Plaintiff's Notice of Conflict in Trial Settings (Lovett, Mary-Olga) |
| Filing 210 Joint MOTION Entry of Docket Control Order by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order Docket Control Order)(LaVigne, Christopher) |
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Filing 209
ORDER REFERRING CASE to Mediator. Hon. Leonard Davis is hereby appointed as mediator in the above referenced case. Signed by District Judge Rodney Gilstrap on 2/18/2020. (nkl, )
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| Filing 208 NOTICE by ECI Software Solutions, Inc. JOINT NOTICE OF SELECTION OF MEDIATOR (LaVigne, Christopher) |
| Filing 207 Minute Entry for proceedings held before District Judge Rodney Gilstrap: Status Conference held on 2/14/2020. (Court Reporter Shelly Holmes, CSR-TCRR.) (Attachments: #1 Attorney Attendance Sheet) (jml) |
| Filing 206 Unopposed MOTION Jury Trial by Ed Baldridge, Wade Frazier, Greg Matatall. (Attachments: #1 Exhibit A)(Dolghih, Elisaveta) (Additional attachment(s) added on 2/14/2020: #2 Text of Proposed Order) (nkl, ). |
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Filing 205
ORDER granting #181 Motion to Seal Plaintiff's Response to Defendants' Motion for Partial Summary Judgment and Related Exhibits. Signed by District Judge Rodney Gilstrap on 2/14/2020. (nkl, )
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Filing 204
ORDER granting #171 Motion to Seal Plaintiff's Response to Defendants' Motion to Exclude the Proposed Expert Testimony of Leon Kappelman Under Federal Rules of Evidence 702 and 403 and Related Exhibits. Signed by District Judge Rodney Gilstrap on 2/14/2020. (nkl, )
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Filing 203
ORDER granting #170 Motion to Seal Plaintiff's Response to Defendants' Motion to Exclude the Proposed Expert Testimony of Brian DuFour Under Federal Rules of Evidence 702 and Related Exhibits. Signed by District Judge Rodney Gilstrap on 2/14/2020. (nkl, )
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Filing 202
ORDER granting #167 Motion for Leave to File Excess Pages; granting #180 Motion for Leave to File Excess Pages. Signed by District Judge Rodney Gilstrap on 2/14/2020. (nkl, )
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Filing 201
ORDER granting #160 Motion to Seal Plaintiff's Motion to Strike and Exclude the Expert Opinions of Robert Zeidman and Related Exhibits. Signed by District Judge Rodney Gilstrap on 2/14/2020. (nkl, )
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| NOTICE of Hearing: Jury Selection set for 4/13/2020 09:00 AM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap. (jml) |
| NOTICE of Hearing: Status Conference set for 2/14/2020 10:30 AM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap. (jml) |
| Filing 200 SUR-REPLY to Reply to Response to Motion re #168 SEALED MOTION for Partial Summary Judgment Plaintiff's Sur-Reply in Opposition to Defendants' Motion for Partial Summary Judgment filed by ECI Software Solutions, Inc.. (LaVigne, Christopher) |
| Filing 199 SUR-REPLY to Reply to Response to Motion re #166 SEALED MOTION to Exclude the Proposed Expert Testimony of Brian DuFour under FRE 702 Plaintiff's Sur-Reply in Opposition to Defendants Federal Rule of Evidence 702 Motion to Exclude The Proposed Expert Testimony of Brian DuFour filed by ECI Software Solutions, Inc.. (LaVigne, Christopher) |
| Filing 198 SUR-REPLY to Reply to Response to Motion re #165 SEALED MOTION to Exclude the Proposed Expert Testimony of Leon Kappelman under FRE 702 and 403 Plaintiff's Sur-reply in Opposition to Defendants Motion to Exclude the Proposed Expert Testimony of Leon Kappelman under Federal Rules of Evidence 702 and 403 filed by ECI Software Solutions, Inc.. (LaVigne, Christopher) |
| Filing 197 SEALED RESPONSE by Wade Frazier, Prosperity Computer Solutions, LLC, Greg Matatall, Ed Baldridge to #182 Sealed Response to Motion,, filed by Wade Frazier, Prosperity Computer Solutions, LLC, Greg Matatall, Ed Baldridge. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Dolghih, Elisaveta) |
| Filing 196 SEALED RESPONSE by Wade Frazier, Prosperity Computer Solutions, LLC, Greg Matatall, Ed Baldridge to #172 Sealed Response to Motion, filed by Wade Frazier, Prosperity Computer Solutions, LLC, Greg Matatall, Ed Baldridge. (Attachments: #1 Exhibit Exhibit 1)(Dolghih, Elisaveta) |
| Filing 195 RESPONSE to #169 Response in Opposition to Motion, Defendants' Rule 37(c)(1) Motion to Exclude Expert Testimony of Brian Dufour filed by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions, LLC. (Dolghih, Elisaveta) |
| Filing 194 REPLY to Response to Motion re #170 Unopposed MOTION to Seal Plaintiff's Response to Defendants' Motion to Exclude the Proposed Expert Testimony of Brian DuFour Under Federal Rules of Evidence 702 and Related Exhibits filed by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions, LLC. (Dolghih, Elisaveta) |
| Filing 193 REPLY to Response to Motion re #159 MOTION to Amend/Correct Plaintiff's Motion to Modify Protective Order filed by ECI Software Solutions, Inc.. (LaVigne, Christopher) |
| Filing 192 REPLY to Response to Motion re #161 SEALED MOTION to Strike and Exclude the Expert Opinions of Robert Zeidman filed by ECI Software Solutions, Inc.. (LaVigne, Christopher) |
| Filing 191 REDACTION to #190 Sealed Response to Motion, Plaintiff's Response to Defendants' Motion to Exclude the Proposed Expert Testimony of Brian DuFour Under Federal Rule of Evidence 702 by ECI Software Solutions, Inc.. (LaVigne, Christopher) |
| Filing 190 SEALED RESPONSE to Motion re #166 SEALED MOTION to Exclude the Proposed Expert Testimony of Brian DuFour under FRE 702 filed by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order Denying Defendants' Motion to Exclude the Proposed Expert Testimony of Brian DuFour Under Federal Rule of Evidence 702, #2 Exhibit 1 - DuFour Depo Excerpts, #3 Exhibit 2 - Expert Disclosure)(LaVigne, Christopher) |
| Filing 189 SEALED ADDITIONAL ATTACHMENTS to Main Document: #183 Sealed Additional Attachments to Main Document, #186 Sealed Additional Attachments to Main Document,, #185 Sealed Additional Attachments to Main Document,,,, #184 Sealed Additional Attachments to Main Document,, #187 Sealed Additional Attachments to Main Document,,,. (LaVigne, Christopher) |
| Filing 188 FILED IN ERROR PER ATTORNEY Sealed Document. (LaVigne, Christopher) Modified on 1/23/2020 (nkl, ). |
| ***FILED IN ERROR PER ATTORNEY. Document # 188, Sealed Document. PLEASE IGNORE.*** (nkl, ) |
| ***FILED IN ERROR PER ATTORNEY. Document # 173, SEALED RESPONSE to Motion. PLEASE IGNORE.*** (nkl, ) |
| Filing 187 SEALED ADDITIONAL ATTACHMENTS to Main Document: #183 Sealed Additional Attachments to Main Document, #185 Sealed Additional Attachments to Main Document,,,, #186 Sealed Additional Attachments to Main Document,, #184 Sealed Additional Attachments to Main Document,, #182 Sealed Response to Motion,,. (Attachments: #1 Exhibit 56 - Marcus Sims Depo Excerpts, #2 Exhibit 57 - Olshan Notice of Termination, #3 Exhibit 58 - Ellison Email to Personal Account, #4 Exhibit 59 - Baldridge Depo Excerpts, #5 Exhibit 60 - EULA, #6 Exhibit 61 - EULA, #7 Exhibit 62 - EULA, #8 Exhibit 63 - ECI Petition in Dallas County, #9 Exhibit 64 - ECI Complaint ED, #10 Exhibit 65 - AAA Demand, #11 Exhibit 66 - AAA Statement of Claim, #12 Exhibit 67 - AAA TRO)(LaVigne, Christopher) |
| Filing 186 SEALED ADDITIONAL ATTACHMENTS to Main Document: #183 Sealed Additional Attachments to Main Document, #185 Sealed Additional Attachments to Main Document,,,, #184 Sealed Additional Attachments to Main Document,, #182 Sealed Response to Motion,,. (Attachments: #1 Exhibit 49 - ECI Settlement Agreement, #2 Exhibit 50 - Police Report, #3 Exhibit 51 - Dufour Email, #4 Exhibit 52 - Lease Agreement, #5 Exhibit 53 - APA Disclosure Schedule, #6 Exhibit 54 - 2011 NDA Frazier, #7 Exhibit 55 - ECI Email)(LaVigne, Christopher) |
| Filing 185 SEALED ADDITIONAL ATTACHMENTS to Main Document: #183 Sealed Additional Attachments to Main Document, #184 Sealed Additional Attachments to Main Document,, #182 Sealed Response to Motion,,. (Attachments: #1 Exhibit 26 - Matatall Deposition Excerpts, #2 Exhibit 27 - Prosperity Texas SOS, #3 Exhibit 28 - Frazier Depo Excerpts, #4 Exhibit 29 - Email Matatall Works with Prosperity, #5 Exhibit 30 - Email Matatall to Maiuri, #6 Exhibit 31 - Email Matatall to Castillo, #7 Exhibit 32 - Email Olshan to Frazier, #8 Exhibit 33 - Ann Wade Depo Excerpts, #9 Exhibit 34 - Advertisement Emails, #10 Exhibit 35 - Collado Email, #11 Exhibit 36 - Collado Email, #12 Exhibit 37 - Collado Email, #13 Exhibit 38 - Collado Email, #14 Exhibit 39 - Collado Depo Excerpts, #15 Exhibit 40 - DuFour Depo Excerpts, #16 Exhibit 41 - Maiuri Depo Excerpts, #17 Exhibit 42 - Meyer Depo Excerpts, #18 Exhibit 43 - Henning Email to Frazier, #19 Exhibit 44 - Henning Depo Excerpts, #20 Exhibit 45 - Prosperity Email to Customer, #21 Exhibit 46 - Prosperity Email to Customer, #22 Exhibit 47 - Prosperity Email to Customer, #23 Exhibit 48 - Kappelman Depo Excerpts)(LaVigne, Christopher) |
| Filing 184 SEALED ADDITIONAL ATTACHMENTS to Main Document: #183 Sealed Additional Attachments to Main Document, #182 Sealed Response to Motion,,. (Attachments: #1 Exhibit 18 - ECI Marketing Agreement with CAYAN, #2 Exhibit 19 - Employee Handbook, #3 Exhibit 20 - Employee Agreement, #4 Exhibit 21 - Offer Letter to Ellison, #5 Exhibit 22 - Employee Agreement, #6 Exhibit 23 - Email to Customers, #7 Exhibit 24 - Website Advertisement, #8 Exhibit 25 - Email with ECI's NDA)(LaVigne, Christopher) |
| Filing 183 SEALED ADDITIONAL ATTACHMENTS to Main Document: #182 Sealed Response to Motion,,. (Attachments: #1 Exhibit 12 - 2011 NDA Ellison, #2 Exhibit 13 - 2011 NDA Baldridge, #3 Exhibit 14 - 2011 NDA Blackstone, #4 Exhibit 15 - EULA, #5 Exhibit 16 - Separation Agreement, #6 Exhibit 17 - Termination Certificate)(LaVigne, Christopher) |
| Filing 182 SEALED RESPONSE to Motion re #168 SEALED MOTION for Partial Summary Judgment filed by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 - Maiuri Declaration, #3 Exhibit 2 - Dufour Declaration, #4 Exhibit 3 - Stark Declaration, #5 Exhibit 4 - Asset Purchase Agreement, #6 Exhibit 5 - ABC Employee Handbook, #7 Exhibit 6 - Employee Handbook Acknowledgement, #8 Exhibit 7 - Employee Handbook Acknowledgement, #9 Exhibit 8 - Employee Signature Sheet, #10 Exhibit 9 - Employee Agreement Statement, #11 Exhibit 10 - 2011 NDA Houser, #12 Exhibit 11 - 2011 NDA Henning)(LaVigne, Christopher) |
| Filing 181 Unopposed MOTION to Seal Plaintiff's Response to Defendants' Motion for Partial Summary Judgment and Related Exhibits by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order Granting plaintiff's Unopposed Motion to Seal Plaintiff's Response to Defendants' Motion for Partial Summary Judgment and Related Exhibits)(LaVigne, Christopher) |
| Filing 180 Unopposed MOTION for Leave to File Excess Pages Plaintiff's Unopposed Motion for Leave to File Response to Defendants' Motion for Partial Summary Judgment in Excess of Page Limit by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Unopposed Motion for Leave to File Response to Defendants' Motion for Partial Summary Judgment in Excess of Page Limit)(LaVigne, Christopher) |
| Filing 179 SEALED ADDITIONAL ATTACHMENTS to Main Document: #178 Response in Opposition to Motion,. (Dolghih, Elisaveta) |
| Filing 178 RESPONSE in Opposition re #162 MOTION for Discovery Plaintiff's Motion for Leave to Complete Expert Discovery and Supplement Expert Report filed by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions, LLC. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit 1)(Dolghih, Elisaveta) |
| Filing 177 SEALED ADDITIONAL ATTACHMENTS to Main Document: #176 Response in Opposition to Motion,. (Dolghih, Elisaveta) |
| Filing 176 RESPONSE in Opposition re #159 MOTION to Amend/Correct Plaintiff's Motion to Modify Protective Order filed by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions, LLC. (Attachments: #1 Exhibit A - Leiza Dolghih's Affidavit, #2 Exhibit 2, #3 Exhibit 4, #4 Exhibit 5)(Dolghih, Elisaveta) |
| Filing 175 SEALED ADDITIONAL ATTACHMENTS to Main Document: #174 Response in Opposition to Motion,. (Dolghih, Elisaveta) |
| Filing 174 RESPONSE in Opposition re #161 SEALED MOTION to Strike and Exclude the Expert Opinions of Robert Zeidman filed by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions, LLC. (Attachments: #1 Exhibit 2)(Dolghih, Elisaveta) |
| Filing 173 FILED IN ERROR PER ATTORNEY SEALED RESPONSE to Motion re #166 SEALED MOTION to Exclude the Proposed Expert Testimony of Brian DuFour under FRE 702 filed by ECI Software Solutions, Inc.. (Attachments: #1 Exhibit 1 - DuFour Depo Excerpts, #2 Exhibit 2 - Expert Disclosure, #3 Text of Proposed Order)(LaVigne, Christopher) Modified on 1/23/2020 (nkl, ). |
| Filing 172 SEALED RESPONSE to Motion re #165 SEALED MOTION to Exclude the Proposed Expert Testimony of Leon Kappelman under FRE 702 and 403 filed by ECI Software Solutions, Inc.. (Attachments: #1 Exhibit 1 - Kappelman Report, #2 Exhibit 2 - Kappelman Excerpts, #3 Exhibit 3 - Kappelman Rebuttal, #4 Exhibit 4 - Zeidman Report, #5 Exhibit 5 - Zeidman Excerpts, #6 Text of Proposed Order)(LaVigne, Christopher) |
| Filing 171 Unopposed MOTION to Seal Plaintiff's Response to Defendants' Motion to Exclude the Proposed Expert Testimony of Leon Kappelman Under Federal Rules of Evidence 702 and 403 and Related Exhibits by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order)(LaVigne, Christopher) |
| Filing 170 Unopposed MOTION to Seal Plaintiff's Response to Defendants' Motion to Exclude the Proposed Expert Testimony of Brian DuFour Under Federal Rules of Evidence 702 and Related Exhibits by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order)(LaVigne, Christopher) |
| Filing 169 RESPONSE in Opposition re #164 SEALED MOTION Rule 37(c)(1) Motion to Exclude the Proposed Expert Testimony of Brian DuFour For Failure to Disclose Information Required by Rule 26(A) filed by ECI Software Solutions, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Brian DuFour, #2 Text of Proposed Order)(LaVigne, Christopher) |
| ***FILED IN ERROR PER ATTORNEY. Document # 163, SEALED MOTION Rule 37(c)(1) Motion to Exclude the Proposed Expert Testimony of Brian DuFour. PLEASE IGNORE.*** (nkl, ) |
| Filing 168 SEALED MOTION for Partial Summary Judgment by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions, LLC. (Attachments: #1 Affidavit of Elisaveta Dolghih, #2 Exhibit 1 2019 ECI Corp. Dep., #3 Exhibit 2 2018 ECI Corp. Dep., #4 Exhibit 3 Pat Collado Dep., #5 Exhibit 4 Kappelman Report, #6 Exhibit 5 ECIs Answers to Ed Baldridges Interrogatories, #7 Exhibit 6 Dane Meyer Dep., #8 Exhibit 7 Affidavit of Mark Henning, #9 Exhibit 8 Marcus Sims Dep., #10 Exhibit 9 ECIs Copyright Registration TX-8-673-521, #11 Exhibit 10 ECIs Copyright Registration TX-8-673-529, #12 Exhibit 11 ECIs Copyright Registration TX-8-673-859, #13 Exhibit 12 Kappelman Dep., #14 Exhibit 13 ECIs Second Amended Answers to Prosperity Interrogatories, at p. 5, #15 Exhibit 14 Brian DuFour Deposition, 127:15-20, #16 Exhibit 15 Wade Fraizer Affidavit, #17 Exhibit 16 David Houser Affidavit, #18 Exhibit 17 Wade Ellison Affdiavit, #19 Exhibit 18 Non-Disclosure Agreements)(Dolghih, Elisaveta) |
| Filing 167 MOTION for Leave to File Excess Pages to Motion for Partial Summary Judgment by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions, LLC. (Dolghih, Elisaveta) |
| Filing 166 SEALED MOTION to Exclude the Proposed Expert Testimony of Brian DuFour under FRE 702 by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Dolghih, Elisaveta) |
| Filing 165 SEALED MOTION to Exclude the Proposed Expert Testimony of Leon Kappelman under FRE 702 and 403 by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Dolghih, Elisaveta) |
| Filing 164 SEALED MOTION Rule 37(c)(1) Motion to Exclude the Proposed Expert Testimony of Brian DuFour by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Dolghih, Elisaveta) |
| Filing 163 FILED IN ERROR PER ATTORNEY SEALED MOTION Rule 37(c)(1) Motion to Exclude the Proposed Expert Testimony of Brian DuFour by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Dolghih, Elisaveta) Modified on 1/8/2020 (nkl, ). |
| Filing 162 MOTION for Discovery Plaintiff's Motion for Leave to Complete Expert Discovery and Supplement Expert Report by ECI Software Solutions, Inc.. (Attachments: #1 Exhibit A - Declaration of P. William Stark, #2 Text of Proposed Order)(Lovett, Mary-Olga) |
| Filing 161 SEALED MOTION to Strike and Exclude the Expert Opinions of Robert Zeidman by ECI Software Solutions, Inc.. (Attachments: #1 Exhibit 1 - Kappelman Expert Report, #2 Exhibit 2 - Zeidman Expert Report, #3 Exhibit 3 - Kappelman Rebuttal Report, #4 Exhibit 4 - Zeidman Deposition, #5 Text of Proposed Order)(LaVigne, Christopher) |
| Filing 160 Unopposed MOTION to Seal Plaintiff's Motion to Strike and Exclude the Expert Opinions of Robert Zeidman and Related Exhibits by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order)(LaVigne, Christopher) |
| Filing 159 MOTION to Amend/Correct Plaintiff's Motion to Modify Protective Order by ECI Software Solutions, Inc.. (Attachments: #1 Exhibit 1 - Declaration of William Stark, #2 Exhibit 2 - Declaration of Gordon Kushner, #3 Text of Proposed Order)(Stark, Patrick) |
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Filing 158
ORDER granting #156 Sealed Motion to Seal Certain Exhibits. Signed by District Judge Rodney Gilstrap on 12/11/2019. (nkl, )
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| Filing 157 RESPONSE in Opposition re #150 MOTION to Compel filed by ECI Software Solutions, Inc.. (Attachments: #1 Exhibit 1 - Declaration of P. William Stark, #2 Exhibit 2 - Email between counsel, #3 Text of Proposed Order)(LaVigne, Christopher) |
| ***FILED IN ERROR - Per Chambers, in violation of the Court's standing order on discovery disputes. Document # 155, RESPONSE in Opposition. PLEASE IGNORE.*** (nkl, ) |
| Filing 156 Unopposed SEALED MOTION Plaintiff's Unopposed Motion to Seal Certain Exhibits by ECI Software Solutions, Inc.. (Attachments: #1 Exhibit Unredacted Supplement to Amended Interrogatory Responses, #2 Exhibit Unredacted Amended Supplement, #3 Text of Proposed Order Proposed Order)(LaVigne, Christopher) |
| Filing 155 FILED IN ERROR RESPONSE in Opposition re #150 MOTION to Compel filed by ECI Software Solutions, Inc.. (Attachments: #1 Exhibit 1 - Stark Declaration, #2 Exhibit 2 - 06.19 Email between counsel, #3 Exhibit 3 - 06.20 Email between counsel, #4 Exhibit 4 - 06.27 Email between counsel, #5 Exhibit 5 - 07.18 Email between counsel, #6 Exhibit 6 - 07.22 Email between counsel, #7 Exhibit 7 - 07.25 Email between counsel, #8 Exhibit 8 - 08.02 Email between counsel, #9 Exhibit 9 - 08.05 Email between counsel, #10 Exhibit 10 - 08.07 Email between counsel, #11 Exhibit 11 - 08.12 Email between counsel, #12 Exhibit 12 - 08.27 Email between counsel, #13 Exhibit 13 - 09.16 Email between counsel, #14 Exhibit 14 - 09.26 Email between counsel, #15 Exhibit 15 - 10.08 Email between counsel, #16 Exhibit 16 - 11.04 Email between counsel, #17 Exhibit 17 - 11.18 Email between counsel, #18 Exhibit 18 - List of Search Terms, #19 Exhibit 19 - 11.18 Email between counsel, #20 Exhibit 20 - 11.21 Email between counsel, #21 Exhibit 21 - Stark Spreadsheet to Dolghih, #22 Exhibit 22 - 11.26 Email between counsel, #23 Exhibit 23 - Chart of New Search Terms, #24 Exhibit 24 - 12.02 Email between counsel, #25 Exhibit 25 - Plaintiff Amended Objections and Answers to First Set of Interrogatories, #26 Exhibit 26 - Redacted Supplement to Amended Objections and Answers, #27 Exhibit 27 - Second Amended Objections and Answers, #28 Exhibit 28 - Redacted Amended Supplement to Second Amended Objections and Responses, #29 Exhibit 29 - Defendants 6th RFPs, #30 Exhibit 30 - Defendants 7th RFPs, #31 Exhibit 31 - Search Term Hit Report, #32 Text of Proposed Order Proposed Order)(LaVigne, Christopher) Modified on 12/10/2019 (nkl, ). |
| Filing 154 NOTICE of Attorney Appearance - Pro Hac Vice by George G. Matava on behalf of All Defendants. Filing fee $ 100, receipt number 0540-7557349. (Matava, George) |
| Filing 153 NOTICE of Attorney Appearance - Pro Hac Vice by Alyssa K. Sandrowitz on behalf of All Defendants. Filing fee $ 100, receipt number 0540-7556925. (Sandrowitz, Alyssa) |
| Filing 152 SEALED ADDITIONAL ATTACHMENTS to Main Document: #150 MOTION to Compel . (Attachments: #1 Exhibit B)(Dolghih, Elisaveta) |
| Filing 151 ***DEFICIENT DOCUMENT***SEALED ADDITIONAL ATTACHMENTS to Main Document: #150 MOTION to Compel . (Dolghih, Elisaveta) Modified on 11/25/2019 (ch, ). |
| Filing 150 MOTION to Compel by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions, LLC. (Attachments: #1 Affidavit, #2 Exhibit)(Dolghih, Elisaveta) (Additional attachment(s) added on 11/25/2019: #3 Text of Proposed Order) (nkl, ). |
| NOTICE of Deficiency regarding the 151 submitted NO COVER PAGE NO CERTIFICATE OF AUTHORIZATION TO FILE UNDER SEAL. Correction should be made by ONE BUSINESS TO FILE UNDER SEAL (ch, ) |
| ***FILED IN ERROR PER ATTORNEY. Document # 149, MOTION to Compel. PLEASE IGNORE.*** (nkl, ) |
| Filing 149 FILED IN ERROR PER ATTORNEY MOTION to Compel by Prosperity Computer Solutions, LLC. (Attachments: #1 Exhibit Declaration and Exhibits)(Dolghih, Elisaveta) Modified on 11/25/2019 (nkl, ). |
| Filing 148 NOTICE of Attorney Appearance - Pro Hac Vice by Kurt A Kappes on behalf of ECI Software Solutions, Inc.. Filing fee $ 100, receipt number 0540-7534493. (Kappes, Kurt) |
| Filing 147 Case transferred in from District of Texas Northern; Case Number 3:18-cv-02758. Original file certified copy of transfer order and docket sheet received. |
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Filing 146
Order Transferring to Another District: Case transferred to Marshall Division of Eastern District of Texas. (Ordered by Judge Ada Brown on 11/14/2019) (axm) [Transferred from Texas Northern on 11/14/2019.]
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| Case transferred in from the Northern District of Texas 3:18-cv-02758 Original file certified copy of transfer order and docket sheet received..(ch, ) |
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Filing 145
ELECTRONIC ORDER denying as moot #142 Plaintiff's Motion to Compel per Plaintiff's notice that it withdraws the motion (Doc. No. 144). (Ordered by Judge Ada Brown on 11/13/2019) (chmb) [Transferred from Texas Northern on 11/14/2019.]
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| Filing 144 NOTICE of Withdrawal of Plaintiff's Motion to Compel Production of Documents re: #142 MOTION to Compel Production of Documents and Brief in Support filed by ECI Software Solutions Inc (Stark, Patrick) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 143 Appendix in Support filed by ECI Software Solutions Inc re #142 MOTION to Compel Production of Documents and Brief in Support (Stark, Patrick) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 142 MOTION to Compel Production of Documents and Brief in Support filed by ECI Software Solutions Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Stark, Patrick) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 141 Appendix in Support filed by ECI Software Solutions Inc re #140 Unopposed MOTION to Continue Unoppposed Renewed Motion for Bifurcation of Discovery and Continuance of Trial Setting (Stark, Patrick) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 140 Unopposed MOTION to Continue Unoppposed Renewed Motion for Bifurcation of Discovery and Continuance of Trial Setting filed by ECI Software Solutions Inc (Attachments: #1 Proposed Order) (Stark, Patrick) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 139 Alternative Dispute Resolution Summary filed by ADR Provider. Attorneys in Attendance: Bill Stark, Christopher LaVigne, Elisaveta Dolghih. Prv Fee: $ 5000.00. Outcome of ADR: Parties were unable to reach a settlement. (Kendall, Joe) [Transferred from Texas Northern on 11/14/2019.] |
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Filing 138
ORDER: Per Special Order 3-335 issued on September 18, 2019, your case has been transferred to Judge Ada Brown. All parties are instructed that any existing scheduling orders and deadlines imposed by the previous judge remain in place unless the parties are otherwise notified by this Court. (Ordered by Judge Ada Brown on 10/8/2019) (cea) (Main Document 138 replaced on 10/8/2019) (cea). [Transferred from Texas Northern on 11/14/2019.]
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| Filing 137 Court Request for Recusal: The referral judge for this case has been reassigned via random assignment to U.S. Magistrate Judge Irma Carrillo Ramirez. U.S. Magistrate Judge David L. Horan is no longer assigned to the case. (ctf) [Transferred from Texas Northern on 11/14/2019.] |
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Filing 136
MEDIATION ORDER. The court appoints Joe Kendall as mediator. The parties are to complete mediation within 30 days. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. (Ordered by Judge Karen Gren Scholer on 9/18/2019) (mla) [Transferred from Texas Northern on 11/14/2019.]
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Filing 135
Special Order 3-335: Effective September 18, 2019, the cases listed on Exhibit A to this order are transferred to Judge Ada E. Brown's docket and shall henceforth be designated by the suffix letter "E." (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief Judge Barbara M. G. Lynn on 9/18/2019) (cea) [Transferred from Texas Northern on 11/14/2019.]
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Filing 134
ELECTRONIC ORDER denying #132 Agreed Motion for Bifurcation of Discovery and Continuance of Trial Setting. As noted in III(C)(3) of the Judge Specific Requirements, "[t]he trial date will no be changed at the request of any party absent extremely good cause set forth in a motion." The parties have not met this burden. The Motion is denied. (Ordered by Judge Karen Gren Scholer on 9/12/2019) (chmb) [Transferred from Texas Northern on 11/14/2019.]
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| Filing 133 Appendix in Support filed by ECI Software Solutions Inc re #132 MOTION AGreed Motion for Bifurcation of Discovery and Continuance of Trial Setting (Stark, Patrick) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 132 AGREED MOTION FOR BIFURCATION OF DISCOVERY AND CONTINUANCE OF TRIAL SETTING filed by ECI Software Solutions Inc (Attachments: #1 Proposed Order) (Stark, Patrick) Modified text on 9/12/2019 (epm). [Transferred from Texas Northern on 11/14/2019.] |
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Filing 131
ELECTRONIC ORDER: Based on the parties' representation that the dispute regarding a provision of #129 Agreed Protective Order Governing Production of Source Materials has been resolved, the Court terminates the briefing schedule set by 130 Electronic Order. (Ordered by Judge Karen Gren Scholer on 9/4/2019) (chmb) [Transferred from Texas Northern on 11/14/2019.]
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Filing 130
ELECTRONIC ORDER: The Court has been advised that the parties disagree about the meaning of a provision in #129 Agreed Protective Order Governing Production of Source Materials. The parties are directed to brief any pending dispute by September 5, 2019. (Ordered by Judge Karen Gren Scholer on 8/30/2019) (chmb) [Transferred from Texas Northern on 11/14/2019.]
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Filing 129
AGREED PROTECTIVE ORDER GOVERNING PRODUCTION OF SOURCE CODE MATERIALS. (Ordered by Judge Karen Gren Scholer on 8/26/2019) (zkc) [Transferred from Texas Northern on 11/14/2019.]
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| Filing 128 MOTION for Protective Order filed by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions LLC (Attachments: #1 Exhibit(s)) (Dolghih, Elisaveta) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 127 ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Motion Hearing held on 7/12/2019 Re: #108 Motion to Quash, Motion for Protective Order filed by Wade Frazier, Greg Matatall, Prosperity Computer Solutions LLC, Ed Baldridge; #112 Motion for Discovery filed by Wade Frazier, Greg Matatall, Prosperity Computer Solutions LLC, Ed Baldridge. Attorney Appearances: Plaintiff - William Stark and Chris LaVigne; Defense - Leiza Dolghih and Brent Sedge. (Court Reporter: Lanie Smith) (No exhibits) Time in Court - :46. (chmb) [Transferred from Texas Northern on 11/14/2019.] |
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Filing 126
ORDER DENYING PLAINTIFF'S OBJECTION TO IMPROPER EVIDENCE : Having considered Plaintiffs Objection, Defendants' Response, and the arguments of counsel, the Court finds that the Defendants' Response is well-taken and, therefore, Plaintiffs Objection is OVERRULED in its entirety. (Ordered by Judge Karen Gren Scholer on 7/12/2019) (ndt) [Transferred from Texas Northern on 11/14/2019.]
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Filing 125
ORDER denying #112 Motion for Order Requiring Pre-Discovery Identification of Trade Secrets. (Ordered by Judge Karen Gren Scholer on 7/12/2019) (zkc) [Transferred from Texas Northern on 11/14/2019.]
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Filing 124
ORDER denying #108 Motion to Quash Plaintiff's Deposition Notices of Defendants Greg Matatall and Ed Baldridge and Motion for Protective Order. (Ordered by Judge Karen Gren Scholer on 7/12/2019) (zkc) [Transferred from Texas Northern on 11/14/2019.]
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| Filing 123 RESPONSE filed by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions LLC re: #122 Response/Objection (Dolghih, Elisaveta) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 122 OBJECTION filed by ECI Software Solutions Inc re: #119 Appendix in Support, #120 Reply, #118 Reply, #121 Appendix in Support, (Attachments: #1 Proposed Order) (Stark, Patrick) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 121 Appendix in Support filed by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions LLC re #120 Reply (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s)) (Dolghih, Elisaveta) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 120 REPLY filed by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions LLC re: #108 MOTION to Quash MOTION for Protective Order (Dolghih, Elisaveta) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 119 Appendix in Support filed by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions LLC re #118 Reply (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s)) (Dolghih, Elisaveta) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 118 REPLY filed by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions LLC re: #112 MOTION for Discovery (Dolghih, Elisaveta) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 117 RESPONSE filed by ECI Software Solutions Inc re: #112 MOTION for Discovery (Attachments: #1 Proposed Order) (LaVigne, Christopher) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 116 Appendix in Support filed by ECI Software Solutions Inc re #115 Response/Objection to Defendants' Motion to Quash Plaintiff's Deposition Notices of Defendants and Motion for Protective Order (Attachments: #1 Exhibit(s) A - Declaration of P. William Stark) (LaVigne, Christopher) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 115 RESPONSE filed by ECI Software Solutions Inc re: #108 MOTION to Quash MOTION for Protective Order (Attachments: #1 Proposed Order) (LaVigne, Christopher) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 114 Notice of Filing of Official Electronic Transcript of Status conference Proceedings held on 01/04/2019 before Judge Scholer. Court Reporter/Transcriber Lanie Smith, Telephone number (214) 753-2354. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction of personal identifiers under MO 61 is necessary, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (8 pages) Redaction Request due 7/1/2019. Redacted Transcript Deadline set for 7/11/2019. Release of Transcript Restriction set for 9/9/2019. (lms) [Transferred from Texas Northern on 11/14/2019.] |
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Filing 113
ELECTRONIC ORDER: Motion Hearing set for 7/12/2019 at 10:00 AM in US Courthouse, Courtroom 1632, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Karen Gren Scholer Re: #108 MOTION to Quash MOTION for Protective Order, #112 MOTION for Discovery . (Ordered by Judge Karen Gren Scholer on 6/3/2019) (chmb) [Transferred from Texas Northern on 11/14/2019.]
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| Filing 112 MOTION for Discovery filed by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions LLC (Dolghih, Elisaveta) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 111 Brief/Memorandum in Support filed by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions LLC re #112 Motion for Discovery. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s)) (Dolghih, Elisaveta) Modified on 5/31/2019 (zkc). Modified title on 5/31/2019 (zkc). [Transferred from Texas Northern on 11/14/2019.] |
| Filing 110 ***DISREGARD/WRONG PDF ATTACHED; ATTORNEY INSTRUCTED TO REFILE*** MOTION for Discovery filed by Ed Baldridge, Wade Frazier, Greg Matatall, Prosperity Computer Solutions LLC (Dolghih, Elisaveta) Modified on 5/31/2019 (zkc). [Transferred from Texas Northern on 11/14/2019.] |
| Filing 109 Brief/Memorandum in Support filed by Wade Frazier, Greg Matatall, Prosperity Computer Solutions LLC, Ed Baldridge re #108 MOTION to Quash, MOTION for Protective Order. (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (Dolghih, Elisaveta) Modified title and filers on 5/31/2019 (zkc). [Transferred from Texas Northern on 11/14/2019.] |
| Filing 108 MOTION to Quash , MOTION for Protective Order filed by Wade Frazier, Greg Matatall, Prosperity Computer Solutions LLC, Ed Baldridge. (Dolghih, Elisaveta) Modified filers on 5/31/2019 (zkc). [Transferred from Texas Northern on 11/14/2019.] |
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Filing 107
ORDER denying as moot #62 Plaintiff's Motion to Dismiss Defendant John Plyler Plumbing and Hardware Inc's First Amended Counterclaim. (Ordered by Judge Karen Gren Scholer on 4/30/2019) (mla) Modified docket text on 5/7/2019 (aaa). [Transferred from Texas Northern on 11/14/2019.]
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Filing 106
ORDER TO DISMISS CERTAIN CLAIMS WITH PREJUDICE: The Court finds that the #105 Motion should be, and is, in all things GRANTED. (Ordered by Judge Karen Gren Scholer on 4/30/2019) (mla) [Transferred from Texas Northern on 11/14/2019.]
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| Filing 105 Agreed MOTION to Dismiss Certain Claims with Prejudice filed by ECI Software Solutions Inc (Attachments: #1 Proposed Order Agreed Order to Dismiss Certain Claims with Prejudice, #2 Proposed Order Order Denying Plaintiff's Motion to Dismiss Defendant John Plyler Plumbing's First Amended Counterclaim as Moot) (LaVigne, Christopher) [Transferred from Texas Northern on 11/14/2019.] |
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Filing 104
AGREED PERMANENT INJUNCTION by Plaintiff ECI Software Solutions, Inc. and defendants John Plyler Plumbing and Hardware, Inc. and Olshan Lumber Company. (Ordered by Judge Karen Gren Scholer on 4/22/2019) (zkc) [Transferred from Texas Northern on 11/14/2019.]
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| Filing 103 MOTION filed by ECI Software Solutions Inc (Attachments: #1 Exhibit(s) Agreed Permanent Injunction) (LaVigne, Christopher) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 102 NOTICE of Attorney Appearance by Patrick W Stark on behalf of ECI Software Solutions Inc. (Filer confirms contact info in ECF is current.) (Stark, Patrick) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 101 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Prosperity Computer Solutions LLC. (Dolghih, Elisaveta) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 100 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Wade Frazier. (Dolghih, Elisaveta) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 99 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Greg Matatall. (Dolghih, Elisaveta) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 98 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ed Baldridge. (Dolghih, Elisaveta) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 97 ANSWER to #92 Amended Complaint filed by Greg Matatall. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Dolghih, Elisaveta) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 96 ANSWER to #92 Amended Complaint filed by Ed Baldridge. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Dolghih, Elisaveta) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 95 ANSWER to #92 Amended Complaint filed by Wade Frazier. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Dolghih, Elisaveta) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 94 ANSWER to #92 Amended Complaint filed by Prosperity Computer Solutions LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Dolghih, Elisaveta) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 93 Alternative Dispute Resolution Summary filed by ADR Provider. Attorneys in Attendance: Bill Stark, Christopher LaVigne, Elisaveta Dolghih, Audra Mayberry, Todd Shadle, Charmaine Voorhees. Prv Fee: $ $10,000.00. Outcome of ADR: Settled in part, as a result of ADR. (Kendall, Joe) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 92 SECOND AMENDED COMPLAINT against Ed Baldridge, Wade Frazier, John Plyler Plumbing and Hardware Inc, Greg Matatall, Olshan Lumber Company, Prosperity Computer Solutions LLC filed by ECI Software Solutions Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (ndt) [Transferred from Texas Northern on 11/14/2019.] |
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Filing 91
ORDER granting #90 Motion for Leave to File Second Amended Complaint. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Karen Gren Scholer on 3/20/2019) (ndt) Modified signature judge on 3/21/2019 (axm). [Transferred from Texas Northern on 11/14/2019.]
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| Filing 90 Unopposed MOTION for Leave to File Second Amended Complaint filed by ECI Software Solutions Inc with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1 - Plaintiff's Second Amended Complaint, #2 Proposed Order) (LaVigne, Christopher) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 89 ANSWER to #79 Amended Complaint,, filed by Wade Frazier. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Elisaveta Dolghih added to party Wade Frazier(pty:dft) (Dolghih, Elisaveta) [Transferred from Texas Northern on 11/14/2019.] |
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Filing 88
ELECTRONIC ORDER denying as moot #58 Motion to Dismiss. (Ordered by Judge Karen Gren Scholer on 3/8/2019) (chmb) [Transferred from Texas Northern on 11/14/2019.]
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| Filing 87 ANSWER to #79 Amended Complaint filed by Greg Matatall. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Elisaveta Dolghih added to party Greg Matatall(pty:dft) (Dolghih, Elisaveta) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 86 ANSWER to #79 Amended Complaint filed by Ed Baldridge. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Elisaveta Dolghih added to party Ed Baldridge(pty:dft) (Dolghih, Elisaveta) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 85 SUMMONS Returned Executed as to Wade Frazier; served on 2/11/2019. (mla) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 84 ANSWER to #79 Amended Complaint,, filed by Prosperity Computer Solutions LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Dolghih, Elisaveta) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 83 ANSWER to #79 Amended Complaint,, filed by John Plyler Plumbing and Hardware Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Thornthwaite, Martin) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 82 ANSWER to #79 Amended Complaint filed by Olshan Lumber Company. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Shadle, Todd) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 81 SUMMONS Returned Executed as to Ed Baldridge and Greg Matatall served on 2/12/2019. (svc) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 80 Summons Issued as to Ed Baldridge, Wade Frazier, Greg Matatall. (zkc) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 79 FIRST AMENDED COMPLAINT against John Plyler Plumbing and Hardware Inc, Olshan Lumber Company, Prosperity Computer Solutions LLC, Greg Matatall, Wade Frazier, Ed Baldridge filed by ECI Software Solutions Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (zkc) [Transferred from Texas Northern on 11/14/2019.] |
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Filing 78
ORDER granting #77 Motion for Leave to Amend Its Complaint. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Karen Gren Scholer on 2/11/2019) (zkc) [Transferred from Texas Northern on 11/14/2019.]
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| Filing 77 Unopposed MOTION for Leave to File First Amended Complaint filed by ECI Software Solutions Inc with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1 - Plaintiff's First Amended Complaint, #2 Proposed Order Order Granting Plaintiff's Unopposed Motion for Leave to Amend its Complaint) (LaVigne, Christopher) [Transferred from Texas Northern on 11/14/2019.] |
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Filing 76
MEDIATION ORDER. The court appoints Joe Kendall as mediator. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 4/4/2019. (Ordered by Judge Karen Gren Scholer on 1/31/2019) (zkc) [Transferred from Texas Northern on 11/14/2019.]
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Filing 75
SCHEDULING ORDER: This case is set for jury trial on the Court's three-week docket beginning 6/1/2020 before Judge Karen Gren Scholer. Deadline for mediation is on or before 4/4/2019. Joinder of Parties due by 7/1/2019. Amended Pleadings due by 7/1/2019. Discovery due by 11/22/2019. Motions due by 1/7/2020. Pretrial Conference set for 5/21/2020 01:30 PM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 1/31/2019) (zkc) [Transferred from Texas Northern on 11/14/2019.]
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| Filing 74 ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Status Conference held on 1/4/2019. Attorney Appearances: Plaintiff - Christopher LaVigne; Defense - Todd Shadle, Brianna Krominga, Leiza Dolghih and Audra Mayberry. (Court Reporter: Lanie Smith) (No exhibits) Time in Court - :26. (chmb) [Transferred from Texas Northern on 11/14/2019.] |
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Filing 73
ORDER granting #28 Motion for Protective Order. (Ordered by Judge Karen Gren Scholer on 1/4/2019) (epm) [Transferred from Texas Northern on 11/14/2019.]
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Filing 72
Agreed ORDER Pursuant to Federal Rule of Evidence. (Ordered by Judge Karen Gren Scholer on 1/4/2019) (epm) [Transferred from Texas Northern on 11/14/2019.]
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| Filing 71 NOTICE of Joint Rule 26(f) Report re: #64 Order Setting Deadline/Hearing filed by ECI Software Solutions Inc, John Plyer Plumbing and Hardware Inc, Olshan Lumber Company, Prosperity Computer Solutions LLC (Attachments: #1 Proposed Order Order REgarding Production Specification, #2 Proposed Order First Amended Agreed Protective Order, #3 Proposed Order Agreed Order Pursuant to Federal Rule of Evidence 502(b), #4 Proposed Order Joint Scheduling Order) (LaVigne, Christopher) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 70 REPLY filed by ECI Software Solutions Inc re: #62 MOTION to Dismiss Plaintiff's Motion to Dismiss Defendant John Plyler Plumbing and Hardware, Inc.'s First Amended Counterclaim (LaVigne, Christopher) [Transferred from Texas Northern on 11/14/2019.] |
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Filing 69
ELECTRONIC ORDER finding as moot #51 Motion for Extension of Time to File Answer and Respond to Counterclaims. (Ordered by Judge Karen Gren Scholer on 12/11/2018) (chmb) [Transferred from Texas Northern on 11/14/2019.]
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Filing 68
ORDER granting #67 Motion to Extend Time to File Reply Brief in Support of #62 Motion to Dismiss Defendant John Plyler Plumbing and Hardware, Inc.'s First Amended Counterclaim. Replies due by 12/12/2018. (Ordered by Judge Karen Gren Scholer on 12/4/2018) (zkc) [Transferred from Texas Northern on 11/14/2019.]
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| Filing 67 Unopposed MOTION to Extend Time to file Reply Brief filed by ECI Software Solutions Inc. (Attachments: #1 Proposed Order) (LaVigne, Christopher) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 66 Brief/Memorandum in Support filed by John Plyer Plumbing and Hardware Inc re #65 Response/Objection to Plaintiff's Motion to Dismiss (Mayberry, Audra) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 65 RESPONSE filed by John Plyer Plumbing and Hardware Inc re: #62 MOTION to Dismiss Plaintiff's Motion to Dismiss Defendant John Plyler Plumbing and Hardware, Inc.'s First Amended Counterclaim (Mayberry, Audra) [Transferred from Texas Northern on 11/14/2019.] |
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Filing 64
ORDER: Scheduling Conference set for 1/4/2019 01:30 PM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 11/20/2018) (epm) [Transferred from Texas Northern on 11/14/2019.]
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| Filing 63 Brief/Memorandum in Support filed by ECI Software Solutions Inc re #62 Plaintiff's Motion to Dismiss Defendant John Plyler Plumbing and Hardware, Inc.'s First Amended Counterclaim (LaVigne, Christopher) Modified Docket Text on 11/1/2018 (ajb). [Transferred from Texas Northern on 11/14/2019.] |
| Filing 62 Plaintiff's Motion to Dismiss Defendant John Plyler Plumbing and Hardware Inc's First Amended Counterclaim filed by ECI Software Solutions Inc (Attachments: #1 Proposed Order) (LaVigne, Christopher) Modified Docket Text on 11/1/2018 (ajb). [Transferred from Texas Northern on 11/14/2019.] |
| Filing 61 Amended COUNTERCLAIM against ECI Software Solutions Inc filed by John Plyer Plumbing and Hardware, Inc. (Mayberry, Audra) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 60 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (epm) [Transferred from Texas Northern on 11/14/2019.] |
| Filing 59 Case electronically transferred in from District of Texas Eastern; Case Number 2:18-cv-00337. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. [Transferred from Texas Northern on 11/14/2019.] |
| Filing 58 MOTION to Dismiss John Plyler Plumbing and Hardware, Inc.'s Counterclaims by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order)(Lovett, Mary-Olga) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
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Filing 57
ORDER granting #22 Motion to Change Venue. ORDERED that the above captioned case is TRANSFERRED in its entirety to the Northern District of Texas. Signed by District Judge Rodney Gilstrap on 9/20/2018. (ch, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.]
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| Filing 56 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9/11/18 (Telephonic Status Conference) before Judge Rodney Gilstrap. Court Reporter/Transcriber: Shelly Holmes, CSR, TCRR,Telephone number: (903) 923-7464 (Shelly_Holmes@txed.uscourts.gov). NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Motion to Redact due 10/9/2018. Release of Transcript Restriction set for 12/17/2018. (sholmes, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 55 NOTICE by Prosperity Computer Solutions, LLC Notice of Filing Certificate (Dolghih, Elisaveta) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 54 NOTICE by Olshan Lumber Company Certification Pursuant to Agreed Preliminary Injunction (Shadle, Todd) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 53 NOTICE by John Plyer Plumbing and Hardware, Inc. Second Certification of John Plyler Plumbing and Hardware, Inc. (Attachments: #1 Exhibit A)(Mayberry, Audra) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| NOTICE OF CANCELLATION OF HEARING: The Motion hearing previously set at 1:30 p.m. on September 14, 2018 is CANCELLED. (jml) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 52 NOTICE by ECI Software Solutions, Inc. to Court Regarding Motion to Transfer (Lovett, Mary-Olga) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 51 Unopposed MOTION for Extension of Time to File Answer and Respond to Counterclaims by ECI Software Solutions, Inc.. (Attachments: #1 Proposed Order)(Lovett, Mary-Olga) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 50 ***FILED IN ERROR***Defendant's Unopposed First Application for Extension of Time to Answer Complaint re ECI Software Solutions, Inc..( Trevino, Rene) Modified on 9/13/2018 (ch, ). [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| ***FILED IN ERROR. Document # 50, Unopposed Application for Extension of Time. PLEASE IGNORE.*** (ch, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
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Filing 49
ORDER granting #48 Motion for Preliminary Injunction. Signed by District Judge Rodney Gilstrap on 9/12/2018. (ch, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.]
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| Minute Entry for proceedings held before District Judge Rodney Gilstrap: TELEPHONIC Status Conference held on 9/11/2018. Counsel present on the call were Ms. Lovett, Mr. LaVigne, Ms. Mayberry, Mr. Shadle, Ms. Krominga and Ms. Dolghih. Court Reporter Shelly Holmes, CSR-TCRR.) (jml) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 48 Joint MOTION for Preliminary Injunction by ECI Software Solutions, Inc.. (Attachments: #1 Exhibit A)(Lovett, Mary-Olga) (Additional attachment(s) added on 9/11/2018: #2 Revised Agreed Preliminary Injuction) (nkl, ). [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 47 RESPONSE to #46 Notice of Readiness for Scheduling Conference filed by Olshan Lumber Company. (Shadle, Todd) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| NOTICE of Hearing: TELEPHONIC Status Conference set for 9/11/2018 09:30 AM before District Judge Rodney Gilstrap. ***The Court's telephone number is (903) 938-8452. The Parties are to contact the Court AFTER all Parties have joined the call. Participants should use a landline phone connection. Cell phones are not to be used unless prior leave is granted by the Court, which leave will only be granted in exceptional circumstances. ***(jml) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 46 NOTICE of Readiness for Scheduling Conference by ECI Software Solutions, Inc. (Lovett, Mary-Olga) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 45 Defendant John Plyler Plumbing and Hardware, Inc.'s ANSWER to #1 Complaint , COUNTERCLAIM against ECI Software Solutions, Inc. by John Plyer Plumbing and Hardware, Inc..(Mayberry, Audra) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (nkl, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 44 ANSWER to #1 Complaint by Prosperity Computer Solutions, LLC.(Sedge, Brent) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (nkl, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| FILED IN ERROR: PLEASE DISREGARD! NOTICE of Hearing on Motion #24 MOTION for Joinder Emergency Motion to Transfer Venue and Brief in Support by Defendant Olshan Lumber Company : Motion Hearing RESET for 9/14/2018 01:30 PM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap. ***NOTICE: Only the TIME for the hearing has changed.***(jml) Modified on 9/5/2018 (jml, ). [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| NOTICE of Hearing on Motions #22 Emergency MOTION to Change Venue and Brief in Support, #30 Joint MOTION for Temporary Restraining Order Joint Motion to Extend Temporary Restraining Order and Reset Preliminary Injunction Hearing by ECI Software Solutions, Inc., #43 MOTION for Joinder Emergency Motion to Transfer Venue and Brief in Support by Defendant Olshan Lumber Company, #24 MOTION for Joinder Emergency Motion to Transfer Venue and Brief in Support by Defendant Olshan Lumber Company : Motions Hearing set for 9/14/2018 01:30 PM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap. ***PLEASE NOTE THAT ADDITIONAL MOTIONS HAVE BEEN ADDED FOR THE HEARING.***(jml, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 43 MOTION for Joinder Emergency Motion to Transfer Venue and Brief in Support by Defendant Olshan Lumber Company by Prosperity Computer Solutions, LLC. (Attachments: #1 Exhibit Prosperity's State Court Motion to Transfer Venue)(Sedge, Brent) (Additional attachment(s) added on 9/5/2018: #2 Text of Proposed Order) (nkl, ). [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 42 Olshan Lumber Company's Original ANSWER to #1 Complaint by Olshan Lumber Company.(Shadle, Todd) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| ***FILED IN ERROR PER ATTORNEY. Document # 38, REPLY to Response to Motion. PLEASE IGNORE.*** (nkl, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 41 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Olshan Lumber Company.( Shadle, Todd) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 40 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re John Plyer Plumbing and Hardware, Inc..( Mayberry, Audra) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Prosperity Computer Solutions, LLC to 9/5/2018. 7 Days Granted for Deadline Extension.( ch, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Olshan Lumber Company to 9/4/2018. 5 Days Granted for Deadline Extension.( ch, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for John Plyer Plumbing and Hardware, Inc. to 9/6/2018. 7 Days Granted for Deadline Extension.( nkl, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 39 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Prosperity Computer Solutions, LLC.( Sedge, Brent) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 38 FILED IN ERROR PER ATTORNEY REPLY to Response to Motion re #24 MOTION for Joinder Emergency Motion to Transfer Venue and Brief in Support by Defendant Olshan Lumber Company filed by John Plyer Plumbing and Hardware, Inc.. (Attachments: #1 Affidavit Declaration of Audra Mayberry)(Mayberry, Audra) Modified on 8/31/2018 (nkl, ). [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
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Filing 37
ORDER re #36 Stipulation to Extend Temporary Restraining Order filed by ECI Software Solutions, Inc.. Signed by District Judge Rodney Gilstrap on 8/28/2018. (nkl, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.]
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| Filing 36 STIPULATION to Extend Temporary Restraining Order by ECI Software Solutions, Inc.. (Attachments: #1 Proposed Order)(Lovett, Mary-Olga) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 35 RESPONSE to Motion re #22 Emergency MOTION to Change Venue and Brief in Support filed by ECI Software Solutions, Inc.. (Attachments: #1 Affidavit Declaration of Rene Trevino, #2 Exhibit 1 - Prosperity SOS Entity Information, #3 Exhibit 2 - John Plyler Registered Agent, #4 Exhibit 3 - Olshan SOS Entity Information, #5 Exhibit 4 - Prosperity Motion to Transfer, #6 Exhibit 5 -Court Statistic, #7 Text of Proposed Order)(Lovett, Mary-Olga) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| NOTICE OF CANCELLATION OF HEARING: The Show Cause hearing previously set on August 23, 2018 at 12:00 p.m. is CANCELLED. (jml) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 34 NOTICE of Attorney Appearance by Martin Ellis Thornthwaite on behalf of John Plyer Plumbing and Hardware, Inc. (Thornthwaite, Martin) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 33 NOTICE of Attorney Appearance by Elisaveta Dolghih on behalf of Prosperity Computer Solutions, LLC (Dolghih, Elisaveta) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| NOTICE of Hearing on Motion #24 MOTION for Joinder Emergency Motion to Transfer Venue and Brief in Support by Defendant Olshan Lumber Company : Motion Hearing RESET for 9/14/2018 03:45 PM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap. ***Please note that the only change is the TIME for the hearing.***(jml) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
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Filing 32
ORDER granting in part #30 Joint MOTION for Temporary Restraining Order Joint Motion to Extend Temporary Restraining Order and Reset Preliminary Injunction Hearing. ORDER Setting Hearing on Motion #24 MOTION for Joinder Emergency Motion to Transfer Venue and Brief in Support by Defendant Olshan Lumber Company. Motion Hearing set for 9/14/2018 03:30 PM before District Judge Rodney Gilstrap. Signed by District Judge Rodney Gilstrap on 8/20/2018. (ch, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.]
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| Filing 31 NOTICE by Prosperity Computer Solutions, LLC (Dolghih, Elisaveta) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 30 Joint MOTION for Temporary Restraining Order Joint Motion to Extend Temporary Restraining Order and Reset Preliminary Injunction Hearing by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order)(Lovett, Mary-Olga) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| ***FILED IN ERROR. USE LOG IN AND PASSWORD OF ATTORNEY THE NOTICE IS FOR. Document # 29, Notice of Attorney Appearance. PLEASE IGNORE.*** (ch, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 29 ***FILED IN ERROR***NOTICE of Attorney Appearance by Brent Douglas Sedge on behalf of Prosperity Computer Solutions, LLC (Sedge, Brent) Modified on 8/20/2018 (ch, ). [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 28 MOTION for Protective Order by Prosperity Computer Solutions, LLC. (Attachments: #1 Exhibit 1 - Notice of Deposition, #2 Exhibit 2 - Itinerary, #3 Text of Proposed Order Proposed Order)(Sedge, Brent) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 27 NOTICE of Attorney Appearance by Brent Douglas Sedge on behalf of Prosperity Computer Solutions, LLC (Sedge, Brent) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 26 NOTICE by Olshan Lumber Company Filing Certification of Deletion (Attachments: #1 Affidavit Certification of Deletion)(Shadle, Todd) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 25 NOTICE by John Plyer Plumbing and Hardware, Inc. re #14 Order on Motion to Expedite Certification of John Plyler Plumbing (Mayberry, Audra) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 24 MOTION for Joinder Emergency Motion to Transfer Venue and Brief in Support by Defendant Olshan Lumber Company by John Plyer Plumbing and Hardware, Inc.. (Mayberry, Audra) (Additional attachment(s) added on 8/21/2018: #1 Text of Proposed Order) (nkl, ). [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
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Filing 23
ORDER re #22 Emergency MOTION to Change Venue and Brief in Support filed by Olshan Lumber Company. Signed by District Judge Rodney Gilstrap on 8/16/2018. (nkl, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.]
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| Filing 22 Emergency MOTION to Change Venue and Brief in Support by Olshan Lumber Company. (Attachments: #1 Exhibit A - End User License Agreement Version 06.04.07, #2 Exhibit B - End User License Agreement Version 12.19.13, #3 Text of Proposed Order Order on Emergency Motion to Transfer Venue)(Shadle, Todd) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 21 Sealed Document. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit D)(LaVigne, Christopher) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 20 Unopposed MOTION to Seal Document Plaintiff's Unopposed Motion to Seal Certain Exhibits by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order)(LaVigne, Christopher) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 19 SUMMONS Returned Executed by ECI Software Solutions, Inc.. John Plyer Plumbing and Hardware, Inc. served on 8/9/2018, answer due 8/30/2018. (LaVigne, Christopher) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 18 SUMMONS Returned Executed by ECI Software Solutions, Inc.. Prosperity Computer Solutions, LLC served on 8/9/2018, answer due 8/30/2018. (LaVigne, Christopher) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 17 SUMMONS Returned Executed by ECI Software Solutions, Inc.. Olshan Lumber Company served on 8/9/2018, answer due 8/30/2018. (LaVigne, Christopher) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 16 CASH BOND in the amount of $ 2,500.00 posted by ECI Software Solutions, Inc., receipt no. 6-43117. Per Agreed Temporary Restraining Order #13 . (mjc, ) Modified on 8/13/2018 (mjc, ). [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
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Filing 13
ORDER granting #3 Motion for TRO. Preliminary injunction shall be SET for August 23, 2018 at 12:00 p.m., in the courtroom of the undersigned at the United States District Court for the Eastern District of Texas, Marshall Division. Signed by District Judge Rodney Gilstrap on 8/11/2018. (ch, ) Modified on 8/13/2018 (ch, ). [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.]
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| Preliminary Injunction Hearing set for 8/23/2018 12:00 PM before District Judge Rodney Gilstrap (ch, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
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Filing 15
STANDARD PROTECTIVE ORDER granting #5 MOTION for Protective Order. Signed by District Judge Rodney Gilstrap on 8/11/2018. (ch, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.]
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Filing 14
ORDER granting #4 EMERGENCY MOTION to Expedite Plaintiff ECI Software Solutions, Inc.'s Emergency Motion for Expedited Discovery. Signed by District Judge Rodney Gilstrap on 8/11/2018. (ch, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.]
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| Filing 12 NOTICE of Attorney Appearance - Pro Hac Vice by Kurt A Kappes on behalf of ECI Software Solutions, Inc.. Filing fee $ 100, receipt number 0540-6892324. (Kappes, Kurt) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 11 NOTICE of Attorney Appearance by Rene Trevino on behalf of ECI Software Solutions, Inc. (Trevino, Rene) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 10 NOTICE of Attorney Appearance by Mary-Olga Lovett on behalf of ECI Software Solutions, Inc. (Lovett, Mary-Olga) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 9 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/7/18 (Motion Hearing) before Judge Rodney Gilstrap. Court Reporter/Transcriber: Shelly Holmes, CSR, TCRR,Telephone number: (903) 923-7464 (Shelly_Holmes@txed.uscourts.gov). NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Motion to Redact due 8/29/2018. Release of Transcript Restriction set for 11/6/2018. (sholmes, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 8 NOTICE by ECI Software Solutions, Inc. Plaintiff's Unopposed Notice of Agreement of the Parties and Request for Entry of Orders (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order, #3 Text of Proposed Order)(LaVigne, Christopher) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 7 Minute Entry for proceedings held before District Judge Rodney Gilstrap: Motion Hearing held on 8/7/2018 re #3 MOTION for Temporary Restraining Order Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction and Brief in Support filed by ECI Software Solutions, Inc. (Court Reporter Shelly Holmes, CSR-TCRR.) (Attachments: #1 Attorney Attendance Sheet) (jml) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| NOTICE of Hearing on Motion #3 MOTION for Temporary Restraining Order Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction and Brief in Support : Motion Hearing RESET for 8/7/2018 11:00 AM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap. ***Please note that the only change is the TIME for the hearing.***(jml) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 6 SUMMONS Issued as to John Plyer Plumbing and Hardware, Inc., Olshan Lumber Company, Prosperity Computer Solutions, LLC. (Attachments: #1 Summons(es), #2 Summons(es))(ch, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 5 MOTION for Protective Order by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order Standard Protective Order)(LaVigne, Christopher) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 4 EMERGENCY MOTION to Expedite Plaintiff ECI Software Solutions, Inc.'s Emergency Motion for Expedited Discovery by ECI Software Solutions, Inc.. (Attachments: #1 Exhibit A-1 - Plaintiff's First Request for Production to Defendant John Plyler Plumbing and Hardware, Inc., #2 Exhibit A-2 - Plaintiff's First Set of Interrogatories to Defendant John Plyler Plumbing and Hardware, Inc., #3 Exhibit A-3 -Plaintiff's Notice of Oral Deposition of Corporate Representative of John Plyler Plumbing and Hardware, Inc., #4 Exhibit B-1 - Plaintiff's First Request for Production to Defendant Olshan Lumber Company, #5 Exhibit B-2 - Plaintiff's First Set of Interrogatories to Defendant Olshan Lumber Company, #6 Exhibit B-3 - Plaintiff's Notice of Oral Deposition of Corporate Representative of Olshan Lumber Company, #7 Exhibit C-1 Plaintiff's First Request for Production to Defendant Prosperity Computer Solutions, LLC, #8 Exhibit C-2 Plaintiff's First Set of Interrogatories to Defendant Prosperity Computer Solutions, LLC, #9 Exhibit C-3 Plaintiff's Notice of Oral Deposition of Corporate Representative of Prosperity Computer Solutions, LLC, #10 Text of Proposed Order Order Granting Plaintiff's Emergency Motion for Expedited Discovery)(LaVigne, Christopher) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 3 MOTION for Temporary Restraining Order Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction and Brief in Support by ECI Software Solutions, Inc.. (Attachments: #1 Exhibit A - Declaration of John Maiuri, #2 Exhibit B - Declaration of Bryan Gauntt, #3 Exhibit C - Declaration of Brian DeFour, #4 Exhibit D - Agreed Motion to Dismiss, #5 Text of Proposed Order Termporary Restraining Order and Order Setting Hearing for Preliminary Injunction)(LaVigne, Christopher) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by ECI Software Solutions, Inc. identifying Corporate Parent ECI Acquisition Holding Company, Inc. for ECI Software Solutions, Inc.. (LaVigne, Christopher) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-6883391.), filed by ECI Software Solutions, Inc.. (Attachments: #1 Civil Cover Sheet)(LaVigne, Christopher) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| Case assigned to District Judge Rodney Gilstrap. (ch, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ch, ) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
| NOTICE of Hearing on Motion #3 MOTION for Temporary Restraining Order Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction and Brief in Support : Motion Hearing set for 8/7/2018 10:00 AM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap. (jml) [Transferred from Texas Eastern on 10/17/2018.] [Transferred from Texas Northern on 11/14/2019.] |
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