Saracen LLC et al v. Ross et al
| Saracen LLC, Saracen Energy Power Advisors LP and Saracen Energy Advisors LP |
| Sylvain Ross and Marginal Unit Inc |
| 4:2018cv03714 |
| October 9, 2018 |
| US District Court for the Southern District of Texas |
| Lee H Rosenthal |
| Contract: Recovery/Enforcement |
| Both |
Docket Report
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This docket was last retrieved on March 19, 2020. A more recent docket listing may be available from PACER.
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| Filing 134 POST TRIAL MOTIONS SCHEDULE Plaintiff's Posttrial Motion due by 4/8/2020. Defendant's Responses due by 5/15/2020. Plaintiff's Reply due by 5/22/2020. Defendant's Surreply due by 5/29/2020(Signed by Chief Judge Lee H Rosenthal) Parties notified.(gkelner, 4) |
| Filing 133 Exhibit List by Marginal Unit Inc, Sylvain Ross(Shumaker, John) |
| Filing 122 Exhibit List by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC(Walker, Charles) |
Filing 121
ORDER entered that the Clerk is to provide the jury a lunch time meal to facilitate their deliberations. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Filing 119
ORDER entered directing the Clerk to provide the jury lunch meal. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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| Filing 131 Certification of Withdrawal of Trial Exhibits by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC(LoriPurifoy, 4) |
| Filing 130 Certification of Withdrawal of Trial Exhibits by Marginal Unit Inc, Sylvain Ross(LoriPurifoy, 4) |
| Filing 129 JURY QUESTIONS. (LoriPurifoy, 4) (Main Document 129 replaced on 3/3/2020) (LoriPurifoy, 4). |
| Filing 128 Jury Note No. 6. (LoriPurifoy, 4) |
| Filing 127 Court's Response to Jury Notes No. 4 and 5. (LoriPurifoy, 4) |
| Filing 126 Jury Notes No. 3, 4, 5. (LoriPurifoy, 4) |
| Filing 125 Court's Response to Jury Notes No. 1 and 2. (LoriPurifoy, 4) |
| Filing 124 Jury Notes No. 1 and 2. (LoriPurifoy, 4) |
| Filing 123 Certification of Trial Exhibits by Sylvain Ross, Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC(LoriPurifoy, 4) |
| Filing 120 Minute entry for proceedings before the Hon. Lee H. Rosenthal. DAY SEVEN OF JURY TRIAL held on February 27, 2020. Final jury charge conference held; the parties stated their objections, and the court ruled on them, for reasons stated in detail during earlier informal conferences on the charge. The court instructed the jury. Closing arguments presented. The jury deliberated. Jury notes received and the court and the parties drafted responses that the parties agreed to and the court submitted to the jury. Verdict received. The jury found that Saracen had no trade secrets but that Sylvain Ross breached the Saracen confidentiality policy. Jury was polled and released. The parties will propose a schedule for posttrial motions. Appearances: Charles Walker/Mark Eberhard/Jeffrey Kitchen/Jamie Stark for Pltf. and John Shumaker/Cabrach Connor/Sergio Davila/Jennifer Lee for Defts.(Court Reporter: L. Smith/No. Forrest), filed.(leddins, 4) |
| Filing 118 Minute Entry for proceedings held before Chief Judge Lee H Rosenthal. DAY SIX OF JURY TRIAL held on February 26, 2020. Testimony heard. The court heard argument on the plaintiffs motion for judgment as a matter of law. The court granted the motion in part and denied it in part for the reasons stated on the record. Court is adjourned until February 27, 2020, at 9:00 a.m. Witnesses: Brian Maurizi, Michael Legatt, Cary Ferchill. Appearances:Charles Walker/Mark Eberhard/Jeffrey Kitchen/Jamie Stark for Pltf. and John Shumaker/Cabrach Connor/ Sergio Davila/Jennifer Lee for Defts.(Court Reporter: L. Smith), filed.(leddins, 4) Modified on 2/28/2020 (leddins, 4). |
| Filing 117 Minute entry for proceedings before the Hon. Lee H. Rosenthal. DAY FIVE OF JURY TRIAL held on February 25, 2020. Testimony heard. The court heard argument on the defendants' motion for a directed verdict, and denied the motion for the reasons stated on the record. Court is adjourned until February 26, 2020, at 9:00 a.m. The parties will now have 45 minutes for closing arguments. Witnesses: Neil Kelley, Kevin Kelley, Shams Siddiqi, Igor Kliakhandler, Rawad Al-Awar, Kristopher Dages. Appearances: Charles Walker/Mark Eberhard/Jeffrey Kitchen/Jamie Stark for Pltf. and John Shumaker/Cabrach Connor/ Sergio Davila/Jennifer Lee for Defts.(Court Reporter: L. Smith), filed.(leddins, 4) Modified on 2/27/2020 (leddins, 4). |
| Filing 116 NOTICE of Appearance by Jaime Stark on behalf of Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed. (Stark, Jaime) |
| Filing 115 Minute entry for proceedings before the Hon. Lee H. Rosenthal. DAY FOUR OF JURY TRIAL held on February 24, 2020. Testimony heard. Court is adjourned until February 25, 2020, at 9:00 a.m.Witnesses: Craig Rosenberg continued, Craig Gontkovis and William Schoettelkotte. Appearances:Charles Walker/Mark Eberhard/Jeffrey Kitchen/Jamie Stark for Pltf. and John Shumaker/Cabrach Connor/ Sergio Davila/Jennifer Lee/Kevin Kudlac for Defts.(Court Reporter: L. Smith), filed.(leddins, 4) |
| Filing 114 Minute entry for proceedings before the Hon. Lee H. Rosenthal. DAY THREE OF JURY TRIAL held on February 21, 2020. Testimony heard. Court is adjourned until February 24, 2020, at 9:00 a.m. Witnesses: Sylvan Ross continued, Mark Wilken, Laurent Marchal, Mark Carlock and Craig Rosenberg. Appearances:Charles Walker/Mark Eberhard/Jeffrey Kitchen/Jamie Stark for Pltf. and John Shumaker/Cabrach Connor/ Sergio Davila/Jennifer Lee/Kevin Kudlac for Defts.(Court Reporter: L. Smith), filed.(leddins, 4) Modified on 2/25/2020 (leddins, 4). |
| Filing 113 Minute entry for proceedings before the Hon. Lee H. Rosenthal. DAY TWO OF JURY TRIAL held on February 20, 2020. Testimony heard. Court is adjourned until February 21, 2020, at 9:00 a.m.Witnesses: Jason Miller continued and Sylvan Ross. Appearances: Charles Walker/Mark Eberhard/Jeffrey Kitchen/Jamie Stark for Pltf. and John Shumaker/Cabrach Connor/ Sergio Davila/Jennifer Lee/Kevin Kudlac for Defts.(Court Reporter: L. Smith), filed.(leddins, 4) Modified on 2/25/2020 (leddins, 4). |
| Filing 112 Minute entry for proceedings before the Hon. Lee H. Rosenthal. DAY ONE OF JURY TRIAL held on February 19, 2020. Voir dire conducted. Jury selected and sworn. Preliminary instructions given. Opening statements presented. Testimony heard. Robert Swafford is admitted Pro Hac Vice for the purpose of jury selection. Court is adjourned until February 20, 2020, at 9:00 a.m. Witnesses: Jason Miller. Appearances: Charles Walker/Mark Eberhard/Jeffrey Kitchen/Jamie Stark for Pltf. and John Shumaker/Cabrach Connor/ Sergio Davila/Jennifer Lee/Kevin Kudlac for Defts.(Court Reporter: L. Smith), filed.(leddins, 4) Modified on 2/25/2020 (leddins, 4). |
| Filing 109 RESPONSE to #108 Advisory , filed by Marginal Unit Inc. (Shumaker, John) |
| Filing 108 ADVISORY by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed.(Walker, Charles) |
| Filing 107 NOTICE of Appearance by Geraldine W. Young on behalf of Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed. (Young, Geraldine) |
| Filing 106 MOTION for Robert Swafford to Appear Pro Hac Vice by Marginal Unit Inc, Sylvain Ross, filed. Motion Docket Date 3/10/2020. (Shumaker, John) |
| Filing 111 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Docket call held on February 17, 2020. The court heard argument on: the parties motions in limine, (Docket Entry Nos. 92-93); the defendants motion to strike, (Docket Entry No. 105); objections to the defendants witness testimony, and objections to many of the parties exhibits. The motions in limine were granted in part and denied in part, as stated on the record. The motion to strike was granted to the extent that Craig Rosenberg may not testify as to a specific link between the number of times Mr. Ross signed a software modification ticket and his alleged use of Saracens trade secrets. Marginal Unit Corporate Representative Brent Hughes may attend the trial, but the defendants may call him to testify only as a rebuttal witness. The court granted or denied objections to exhibits, as stated on the record. The defendants motion for leave to file a motion to dismiss, (Docket Entry No. 104), is moot because the plaintiffs stipulated to the dismissal of their state law claim. The court ruled that the issue of whether there was sufficient consideration for Mr. Rosss assignment of the VisualNode software program code to Saracen was a matter of law for the court to decide, and that the consideration was sufficient. Each side will have 10 minutes for jury-selection questions, 35 minutes for opening statements, 15 hours for the presentation of evidence and cross-examination of the other party's witnesses, and 35 minutes for closing arguments. Appearances: Charles Walker/Mark Eberhard/Jeffrey Kitchen/Jaime Stark for Pltf and John Shumaker/Cabrach Connor/Kevin S Kudlac for Defts.(Court Reporter: L. Smith), filed.(leddins, 4) |
| Filing 105 MOTION to Strike by Marginal Unit Inc, Sylvain Ross, filed. Motion Docket Date 3/9/2020. (Attachments: #1 Proposed Order)(Shumaker, John) |
| Filing 104 MOTION for Leave to File Motion to Dismiss by Marginal Unit Inc, Sylvain Ross, filed. Motion Docket Date 3/9/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Shumaker, John) |
| Filing 110 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Pretrial telephone conference held on February 14, 2020. The court heard argument on the defendants request to depose a third-party witness. The court denied the request for the reason stated on the record, but the witness may testify at trial. Appearances: Charles Walker/Jeffrey Kitchen for Pltf. and John Shumaker/Cabrach Connor for Defts. (Court Reporter: H. Alcaraz), filed.(leddins, 4) |
| Filing 103 SEALED EXHIBITS re: #102 Proposed Pretrial Order, by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed. (Attachments: #1 Exhibit A, #2 Exhibit DX A-1, #3 Exhibit DX A-2, #4 Exhibit DX A-3, #5 Exhibit DX A-4, #6 Exhibit DX A-5, #7 Exhibit DX A-6, #8 Exhibit DX A-7, #9 Exhibit DX A-8) (Walker, Charles) |
| Filing 102 Amended Proposed Pretrial Order by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2, #4 Exhibit C-1, #5 Exhibit C-2, #6 Exhibit C-3, #7 Exhibit C-4, #8 Exhibit D, #9 Exhibit E-1, #10 Exhibit E-2)(Walker, Charles) |
| Filing 101 NOTICE of Filing of Exhibit A by Marginal Unit Inc, Sylvain Ross, filed. (Attachments: #1 Exhibit A)(Shumaker, John) |
| Filing 100 SEALED RESPONSE to Plaintiffs' Motions in Limine by Marginal Unit Inc, Sylvain Ross, filed. (Attachments: #1 Exhibit B) (Shumaker, John) |
| Filing 99 NOTICE of Setting. Parties notified. Telephone Conference set for 2/14/2020 at 08:45 AM by telephone before Chief Judge Lee H Rosenthal, filed. Counsel is directed to call: 713-250-5290. Conference ID is 45550# and PIN No. is 13579#. (leddins, 4) |
| ***Set/Reset Hearings: Jury Trial set for 2/19/2020 at 09:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal Jury Trial set for 2/20/2020 at 09:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal Jury Trial set for 2/21/2020 at 09:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal Jury Trial set for 2/25/2020 at 09:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal Jury Trial set for 2/26/2020 at 09:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal Jury Trial set for 2/27/2020 at 09:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal Jury Trial set for 2/28/2020 at 09:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal (leddins, 4) |
| Filing 98 NOTICE of Filing of Defendants' Objections to Plaintiffs' Exhibits, Deposition Designations and Counter Designations by Marginal Unit Inc, Sylvain Ross, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Shumaker, John) |
| Filing 97 NOTICE Saracen's Counter Deposition Designation, Objections to Defendants Deposition and Objections to Defendants Trial Exhibit Lists re: #94 Proposed Pretrial Order, by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed. (Attachments: #1 Appendix A, #2 Appendix B)(Walker, Charles) |
| Filing 96 SEALED DOCUMENT (Defendants' Proposed Jury Charge) by Marginal Unit Inc, Sylvain Ross, filed. (Attachments: #1 Exhibit DX A-1, #2 Exhibit DX A-2, #3 Exhibit DX A-3, #4 Exhibit DX A-4, #5 Exhibit DX A-5, #6 Exhibit DX A-6, #7 Exhibit DX A-7, #8 Exhibit DX A-8) (Connor, Cabrach) |
| Filing 95 SEALED EXHIBITS re: #94 Proposed Pretrial Order, by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7, #9 Exhibit A-8) (Walker, Charles) |
| Filing 94 Proposed Pretrial Order by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2, #4 Exhibit C-1, #5 Exhibit C-2, #6 Exhibit D, #7 Exhibit E-1, #8 Exhibit E-2)(Walker, Charles) |
| Filing 93 MOTION In Limine by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed. Motion Docket Date 3/2/2020. (Eberhard, Mark) |
| Filing 92 MOTION In Limine by Marginal Unit Inc, Sylvain Ross, filed. Motion Docket Date 2/28/2020. (Shumaker, John) |
| Filing 91 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Pre-motion conference held on February 6, 2020. Saracen will take Mr. Rosenberg's deposition on February 12, 2020. Mr. Rosenberg must be available to give remote testimony, as needed, during trial. Docket Call is reset for February 17, 2020, at 12 p.m. Appearances: Charles Walker for Pltf. and John Shumaker(by phone) for Deft.(Court Reporter: K. Miller), filed.(leddins, 4) |
| Filing 90 NOTICE of Setting as to #89 REQUEST for pre-motion conference. Parties notified. Pre-Motion Conference set for 2/6/2020 at 04:00 PM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4) |
| Filing 89 REQUEST for pre-motion conference, filed.(Walker, Charles) |
| Filing 88 NOTICE of Appearance by Mark Eberhard on behalf of Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed. (Eberhard, Mark) |
| Filing 87 Sealed MEMORANDUM and OPINION entered: DENYING Motion for Summary Judgment. Copies provided to counsel by email. (leddins, 4) Modified on 2/3/2020 (leddins, 4). |
| Filing 86 Sealed MEMORANDUM AND OPINION entered DENYING the Motion to Exclude.Copies provided to counsel by email (leddins, 4) |
| Filing 85 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Motion hearing held on January 28, 2020. The court heard oral argument on Saracens motion to exclude, (Docket Entry No. 67), and the defendants motion for summary judgment, (Docket Entry No. 69). The court denies the motion to exclude, without prejudice to reassertion at a later time. If the motion for summary judgment is denied, the joint pretrial order is due February 7, 2020. Docket call is set for February 18, 2020, at 8:30 AM in Courtroom 11B. Appearances: Charles Walker/Jeffrey Kitchen for Pltfs. and John Shumaker/Cabrach Connor for Defts.(Court Reporter: M. Malone), filed.(leddins, 4) |
| Filing 84 NOTICE of Appearance by Jeff Kitchen on behalf of Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed. (Kitchen, Jeffrey) |
| Filing 83 NOTICE of Setting as to #69 SEALED MOTION , #67 SEALED MOTION to Exclude Videos, Code and Testimony of Igor Kliakhandler. Parties notified. Motion Hearing set for 1/28/2020 at 10:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4) |
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Filing 82
ORDER entered: This court cancels the joint pretrial order deadline and the final pretrial conference, pending the ruling on the defendants motion for summary judgment. The joint pretrial order filing deadline and date for docket call will be reset, if appropriate, after the motion is resolved.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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| Filing 81 SEALED REPLY In Support of Summary Judgment re: #69 SEALED MOTION by Marginal Unit Inc, Sylvain Ross, filed. (Shumaker, John) |
| Filing 80 SEALED REPLY to Defendants' Sealed Opposition re: #77 Sealed Exhibits, #76 Sealed Response, #67 SEALED MOTION to Exclude Videos, Code and Testimony of Igor Kliakhandler, #78 Appendix by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order) (Walker, Charles) |
| Filing 79 SEALED RESPONSE to Defendants Motion for Summary Judgment re: #69 SEALED MOTION by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 20, #20 Exhibit 21, #21 Exhibit 22, #22 Exhibit 23, #23 Exhibit 24, #24 Exhibit 25, #25 Exhibit 26, #26 Exhibit 27, #27 Exhibit 28, #28 Exhibit 29, #29 Proposed Order) (Walker, Charles) |
| Filing 78 APPENDIX by Marginal Unit Inc, Sylvain Ross, filed. (Attachments: #1 Exhibit Exhibit 3, #2 Exhibit Exhibit 5, #3 Exhibit Exhibit 8, #4 Exhibit Exhibit 9, #5 Exhibit Exhibit 11, #6 Exhibit Exhibit 12)(Shumaker, John) |
| Filing 77 SEALED EXHIBITS In Support of Opposition to Plaintiffs' Motion to Exclude by Marginal Unit Inc, Sylvain Ross, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 4, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 10, #7 Exhibit 13) (Shumaker, John) |
| Filing 76 SEALED RESPONSE to Plaintiffs' Motion to Exclude Kliakhandler Evidence by Marginal Unit Inc, Sylvain Ross, filed. (Attachments: #1 Proposed Order) (Shumaker, John) |
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Filing 75
ORDER granting #74 Joint MOTION to Modify Briefing Schedule ( Responses in opposition to pretrial dispositive motions due by 9/6/2019., Replies due by 9/20/2019). (Signed by Chief Judge Lee H Rosenthal) Parties notified.(gclair, 4)
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| Filing 74 Joint MOTION to Modify Briefing Schedule by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed. Motion Docket Date 8/23/2019. (Attachments: #1 Proposed Order)(Walker, Charles) |
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Filing 73
AMENDED SCHEDULING ORDER entered: Joint Pretrial Order due by 10/25/2019 and Final Pretrial Conference reset for 11/15/2019 at 08:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal(Signed by Chief Judge Lee H Rosenthal. The interim pretrial conference set for 8/19/19 is canceled. Parties notified.(leddins, 4)
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| Filing 72 SEALED EXHIBITS Exhibit 9 by Marginal Unit Inc, Sylvain Ross, filed. (Shumaker, John) |
| Filing 71 SEALED EXHIBITS 28, 29, 32 by Marginal Unit Inc, filed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Shumaker, John) |
| Filing 70 SEALED EXHIBITS 10 through 15 by Marginal Unit Inc, Sylvain Ross, filed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Shumaker, John) |
| Filing 69 SEALED MOTION by Marginal Unit Inc, Sylvain Ross, filed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Shumaker, John) |
| Filing 68 APPENDIX by Marginal Unit Inc, Sylvain Ross, filed. (Attachments: #1 Exhibit Declaration of J. Shumaker, #2 Exhibit FILED UNDER SEAL, #3 Exhibit FILED UNDER SEAL, #4 Exhibit FILED UNDER SEAL, #5 Exhibit FILED UNDER SEAL, #6 Exhibit FILED UNDER SEAL, #7 Exhibit FILED UNDER SEAL, #8 Exhibit FILED UNDER SEAL, #9 Exhibit FILED UNDER SEAL, #10 Exhibit FILED UNDER SEAL, #11 Exhibit FILED UNDER SEAL, #12 Exhibit FILED UNDER SEAL, #13 Exhibit FILED UNDER SEAL, #14 Exhibit FILED UNDER SEAL, #15 Exhibit FILED UNDER SEAL, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit FILED UNDER SEAL, #29 Exhibit FILED UNDER SEAL, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit FILED UNDER SEAL, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35)(Shumaker, John) |
| Filing 67 SEALED MOTION to Exclude Videos, Code and Testimony of Igor Kliakhandler by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 Part 1, #9 Exhibit 8 Part 2, #10 Exhibit 8 Part 3, #11 Exhibit 8 Part 4, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11 Part 1, #15 Exhibit 11 Part 2, #16 Exhibit 11 Part 3, #17 Exhibit 12, #18 Proposed Order) (Walker, Charles) |
| Filing 66 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Discovery hearing held on July 3, 2019. The court resolved the parties' discovery dispute, as stated in detail on the record. The discovery deadline is extended to July 10, 2019, for issues related to the Marginal Unit's Federal Rule of Civil Procedure 30(b)(6) witness deposed on July 3, 2019. Appearances: Charles Walker/Marwan Elrakabawy for Pltfs and John Shumaker/Cabrach Connor for Defts.(Court Reporter: N. Forrest), filed.(leddins, 4) |
| Filing 65 NOTICE of Appearance by Jennifer Tatum Lee on behalf of Marginal Unit Inc, Sylvain Ross, filed. (Lee, Jennifer) |
| Filing 64 Notice of Filing of Official Transcript as to #63 Transcript. Party notified, filed. (mmapps, 4) |
| Filing 63 TRANSCRIPT re: Discovery Hearing held on 4-23-19 before Chief Judge Lee H Rosenthal. Court Reporter/Transcriber B. Slavin. Ordering Party Plaintiffs Release of Transcript Restriction set for 8/7/2019., filed. (bslavin, ) |
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Filing 62
ORDER granting #60 Motion for Constantinos G. Panagopoulos to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4)
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Filing 61
AMENDED SCHEDULING AND DOCKET CONTROL ORDER. Parties to Finalize Deposition Schedule due by 5/3/2019, Deft. to supplement responses to interrogatory Nos. 6-7 due by 5/31/2019, Deft. Expert Witness Disclosures due by 6/7/2019, Depositions of defense witnesses relied on by experts and no already deposed due by 6/14 -7/1/2019, Deposition of defense experts 6/17-7/8/2019, Rule 30B6 Deposition of Marginal Unit due by 6/21-7/8/2019. Discovery due by 7/8/2019. Mediation due by 7/8/2019. Pretrial Dispositive Motion Filing due by 7/19/2019. Joint Pretrial Order due by 9/20/2019. Interim Pretrial Conference set for 8/19/2019 at 08:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal Final Pretrial Conference set for 9/27/2019 at 08:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4)
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| Filing 60 MOTION for Constantinos G. Panagopoulos to Appear Pro Hac Vice by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed. Motion Docket Date 5/16/2019. (Walker, Charles) |
| Filing 59 AO 435 TRANSCRIPT REQUEST by Charles B. Walker for Transcript of Discovery Hearing, 3/18/2019, Judge Lee H. Rosenthal. 14-Day turnaround requested. Court Reporter/Transcriber: Gayle Dye, filed. (Walker, Charles) |
| Filing 58 AO 435 TRANSCRIPT REQUEST by Charles B. Walker for Transcript of Discovery Hearing, 4/23/2019, Judge Lee H. Rosenthal. 14-Day turnaround requested. Court Reporter/Transcriber: Bruce Slavin, filed. (Walker, Charles) |
| Filing 57 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Discovery hearing held on April 23, 2019. The court resolved the parties' discovery and scheduling disputes, as stated in detail on the record. The parties must submit an amended scheduling order and supplemental protective order provisions. The court will separately enter an amended scheduling order. Appearances: Charles Walker/Marwan Elrakabawy for Pltfs. and John Shumaker/Cabrach Connor for Defts. (Court Reporter: B. Slavin), filed.(leddins, 4) |
| Filing 56 NOTICE of Resetting. Parties notified. Pretrial Conference reset for 4/23/2019 at 09:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4) |
| Filing 55 Notice of Filing of Official Transcript as to #54 Transcript. Party notified, filed. (jdav, 4) |
| Filing 54 TRANSCRIPT re: Discovery Hearing held on March 18, 2019, before Chief Judge Lee H Rosenthal. Court Reporter/Transcriber Dye. Ordering Party Janet Yastic Release of Transcript Restriction set for 6/19/2019., filed. (gdye, ) |
| Filing 53 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Discovery hearing held on March 18, 2019. The court resolved the parties discovery disputes, as stated in detail on the record. Appearances: Charles Walker/Marwan Elrakabawy for Pltfs. and John Shumaker for Defts,.(Court Reporter: G. Dye), filed.(leddins, 4) |
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Filing 52
ORDER entered: On March 5, 2019, the defendants submitted a premotion letter asking the court to resolve a discovery dispute between the parties. (Docket Entry No. 49). The plaintiffs responded the next day, stating that the parties had not met and conferred, as required by the courts procedures. A premotion conference is set for March 18, 2019. The parties must meet and confer no later than March 13, 2019. The parties must also submit a joint report to the court no later than March 15, 2019, on the result of the discussion. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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| Filing 51 NOTICE of Resetting. Parties notified. Discovery Hearing reset for 3/18/2019 at 05:00 PM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4) |
| Filing 50 NOTICE of Setting. Parties notified. Discovery Hearing set for 3/15/2019 at 10:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4) |
| Filing 49 REQUEST for pre-motion conference, filed.(Shumaker, John) |
| Filing 48 ANSWER to #43 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand, COUNTERCLAIM against All Plaintiffs by Sylvain Ross, Marginal Unit Inc, filed.(Shumaker, John) |
| Filing 47 ANSWER to #46 Amended Answer, Counterclaim with Jury Demand by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed.(Walker, Charles) |
| Filing 46 First AMENDED ANSWER to #1 Complaint with Jury Demand, COUNTERCLAIM against Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC by Sylvain Ross, Marginal Unit Inc, filed. (Shumaker, John) |
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Filing 45
ORDER Granting #42 Motion to Withdraw as Attorney. Attorney Rhett V. Barney terminated.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4)
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Filing 44
ORDER Granting #41 Motion to Withdraw as Attorney. Attorney Robert J. Carlson terminated.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4)
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| Filing 43 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC.(Walker, Charles) |
| Filing 42 Unopposed MOTION for Rhett V. Barney to Withdraw as Attorney by Marginal Unit Inc, Sylvain Ross, filed. Motion Docket Date 3/7/2019. (Attachments: #1 Proposed Order)(Shumaker, John) |
| Filing 41 Unopposed MOTION for Robert J. Carlson to Withdraw as Attorney by Marginal Unit Inc, Sylvain Ross, filed. Motion Docket Date 3/7/2019. (Attachments: #1 Proposed Order)(Shumaker, John) |
| Filing 40 NOTICE of Setting. Parties notified. Discovery Hearing set for 2/15/2019 at 10:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4) |
| Filing 39 ANSWER to #15 Answer to Complaint, Counterclaim by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed.(Walker, Charles) |
| Filing 38 REQUEST for pre-motion conference, filed.(Walker, Charles) |
| Filing 37 NOTICE of Appearance by Kevin S. Kudlac on behalf of Marginal Unit Inc, Sylvain Ross, filed. (Kudlac, Kevin) |
| Filing 36 NOTICE of Appearance by Cabrach J. Connor on behalf of Marginal Unit Inc, Sylvain Ross, filed. (Connor, Cabrach) |
| Filing 35 NOTICE of Change of Address by John M. Shumaker, counsel for Marginal Unit Inc, Sylvain Ross, filed. (Shumaker, John) |
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Filing 34
STIPULATED PROTECTIVE ORDER (Signed by Chief Judge Lee H Rosenthal) (Attachments: #1 Exhibit) Parties notified.(gkelner, 4)
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| Filing 33 STIPULATION re: Protective Order by Marginal Unit Inc, Sylvain Ross, filed.(Shumaker, John) |
| Filing 32 NOTICE OF SERVICE of Mandatory Initial Discovery Responses re: #4 ORDER on Initial Discovery Protocols by Marginal Unit Inc, Sylvain Ross, filed. (Shumaker, John) |
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Filing 31
SCHEDULING ORDER. Amended Pleadings due by 2/15/2019. Dft. to Provide Source Codes due by 1/11/2019. Pltf. to Amend Identification regarding Trade Secerets due by 2/1/2019. Joinder of Parties due by 2/15/2019 Pltf Expert Witness List & Report due by 3/15/2019. Deft Expert Witness List & Report due by 5/3/2019. Discovery due by 6/7/2019. Mediation due by 4/1/2019. Dispositive Motion Filing due by 6/14/2019. Joint Pretrial Order due by 8/23/2019. Pretrial Conference set for 4/19/2019 at 08:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal Docket Call set for 8/30/2019 at 02:00 PM in Courtroom 11B before Chief Judge Lee H Rosenthal(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4)
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| Filing 30 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held on December 7, 2018. The court resolved the parties' scheduling dispute, as stated on the record. The court will enter a separate scheduling and docket control order, as stated on the record. The defendants must provide the plaintiffs with access to the source code by January 11, 2019. The plaintiffs must amend the identification of the protected trade secrets by February 1, 2019. Appearances:Charles Walker/Marwan Elrakabawy for Pltfs. and John Shumaker/Sarah Elsden for Defts.(Court Reporter: N. Forrest), filed.(leddins, 4) |
| Filing 29 NOTICE OF SERVICE of Mandatory Initial Discovery Responses by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed. (Walker, Charles) |
| Filing 28 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed. (Attachments: #1 Proposed Order Proposed Scheduling Order, #2 Affidavit Declaration)(Walker, Charles) |
| Filing 27 RESPONSE to #20 REQUEST for pre-motion conference , filed by Marginal Unit Inc, Sylvain Ross. (Shumaker, John) |
| Filing 26 CERTIFICATE OF INTERESTED PARTIES by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed.(Walker, Charles) |
| Filing 25 CERTIFICATE OF INTERESTED PARTIES by Marginal Unit Inc, Sylvain Ross, filed.(Shumaker, John) |
| Filing 24 NOTICE of Appearance by Marwan Elrakabawy on behalf of Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed. (Elrakabawy, Marwan) |
| Filing 20 REQUEST for pre-motion conference, filed.(Walker, Charles) |
| Filing 19 NOTICE of Resetting. Parties notified. Initial Conference reset for 12/7/2018 at 11:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4) |
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Filing 23
ORDER granting #18 MOTION for Sarah E. Elsden to Appear Pro Hac Vice (Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4)
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Filing 22
ORDER granting #16 MOTION for Robert J. Carlson to Appear Pro Hac Vice (Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4)
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Filing 21
ORDER granting #17 MOTION for Rhett V. Barney to Appear Pro Hac Vice (Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4)
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| Filing 18 MOTION for Sarah E. Elsden to Appear Pro Hac Vice by Marginal Unit Inc, Sylvain Ross, filed. Motion Docket Date 12/19/2018. (Shumaker, John) |
| Filing 17 MOTION for Rhett V. Barney to Appear Pro Hac Vice by Marginal Unit Inc, Sylvain Ross, filed. Motion Docket Date 12/19/2018. (Shumaker, John) |
| Filing 16 MOTION for Robert J. Carlson to Appear Pro Hac Vice by Marginal Unit Inc, Sylvain Ross, filed. Motion Docket Date 12/19/2018. (Shumaker, John) |
| Filing 15 ANSWER to #1 Complaint with Jury Demand, COUNTERCLAIM against Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC by Sylvain Ross, Marginal Unit Inc, filed.(Shumaker, John) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT by Saracen Energy Advisors LP, Saracen Energy Power Advisors LP, Saracen LLC, filed.(Walker, Charles) |
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Filing 13
ORDER Granting #12 Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Complaint ; Answer due for Marginal Unit Inc 11/21/2018; Sylvain Ross 11/21/2018. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(sanderson, 4)
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| Filing 12 Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Complaint by Marginal Unit Inc, Sylvain Ross, filed. Motion Docket Date 11/20/2018. (Attachments: #1 Proposed Order)(Shumaker, John) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by Marginal Unit Inc, filed.(Shumaker, John) |
| Filing 10 NOTICE of Appearance by John M. Shumaker on behalf of Marginal Unit Inc, Sylvain Ross, filed. (Shumaker, John) |
| Filing 9 REQUEST for pre-motion conference, filed.(Walker, Charles) |
| Filing 8 RETURN of Service, filed.(Walker, Charles) |
| Filing 7 RETURN of Service of SUMMONS Executed as to Sylvain Ross served on 10/10/2018, answer due 10/31/2018, filed.(Walker, Charles) |
| Filing 6 RETURN of Service, filed.(Walker, Charles) |
| Filing 5 RETURN of Service of SUMMONS Executed as to Marginal Unit Inc served on 10/10/2018, answer due 10/31/2018, filed.(Walker, Charles) |
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Filing 4
ORDER on Initial Discovery Protocols re Mandatory Initial Discovery Pilot Project.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Filing 3
ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 1/25/2019 at 10:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal. (Signed by Chief Judge Lee H Rosenthal) (Attachments: #1 Attachments) Parties notified.(RuthGuerreroadi, 4)
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| Summons Issued as to Marginal Unit Inc, Sylvain Ross. Issued summons delivered to plaintiff by First-class mail, filed.(hler, 4) |
| Filing 2 Request for Issuance of Summons as to Marginal Unit Inc, Sylvain Ross, filed. (Attachments: #1 Summons, #2 Summons, #3 Summons)(Walker, Charles) |
| Filing 1 COMPLAINT against Marginal Unit Inc, Sylvain Ross (Filing fee $ 400 receipt number 0541-21044567) filed by Saracen LLC, Saracen Energy Advisors LP, Saracen Energy Power Advisors LP. (Attachments: #1 Civil Cover Sheet)(Walker, Charles) |
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