ClearOne Communications v. Chiang et al
Plaintiff: ClearOne Communications
Defendant: Andrew Chiang, Jun Yang, Wideband Solutions, Biamp Systems, Lonny Bowers, Harman Music Group and Yung-Jeng Yan
Intervenor: David Sullivan
Case Number: 2:2007cv00037
Filed: January 19, 2007
Court: US District Court for the District of Utah
Office: Central Office
County: Salt Lake
Presiding Judge: Tena Campbell
Presiding Judge: David Nuffer
Nature of Suit: Contract: Other
Cause of Action: 28:1332 Diversity-Other Contract
Jury Demanded By: Defendant

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
December 7, 2016 Opinion or Order Filing 3200 MEMORANDUM DECISION AND ORDER denying 3158 Motion for Reconsideration to Appoint Counsel. Signed by Judge David Nuffer on 12/7/2016. (jds)
October 14, 2016 Opinion or Order Filing 3155 MEMORANDUM DECISION AND ORDER OF INCARCERATION FOR CIVIL CONTEMPT. Donald Bowers shall be immediately placed in USMS custody and incarcerated on civil contempt. The civil contempt sentence shall interrupt his previously imposed crimin al sentence and Donald Bowers shall remain incarcerated under the contempt order of this court until he has purged his contempt. Signed by Judge David Nuffer on 10/14/16 (alt) Modified on 10/14/2016: added "MEMORANDUM DECISION AND" to entry (alt)
June 5, 2014 Opinion or Order Filing 2990 MEMORANDUM DECISION AND ORDER denying 2983 SEALED MOTION to Stay Pending Appeal. Signed by Judge David Nuffer on 6/5/14 (alt)
August 31, 2012 Opinion or Order Filing 2750 MEMORANDUM DECISION AND ORDER granting in part and denying in part 2680 Motion for Access to Docket Nos. 2254, 2255, 2274 and 7/14/09 Hearing Transcript. Signed by Judge David Nuffer on 8/31/12 (alt) Modified on 8/31/2012: corrected entry text (alt)
August 29, 2012 Opinion or Order Filing 2748 MEMORANDUM DECISION AND ORDER granting in part and denying in part 2685 Motion for Access to 7/14/09 Hearing Transcript. Signed by Judge David Nuffer on 8/29/12 (alt)
August 29, 2011 Opinion or Order Filing 2577 MEMORANDUM DECISION AND ORDER: Donald Bowers is liable to ClearOne for costs and fees of $22,743.88 individually, plus $184,506.52 jointly and severally with the WideBand Contemnors ($207,250.40 total). Signed by Magistrate Judge David Nuffer on 8/29/11 (alt)
June 13, 2011 Opinion or Order Filing 2505 MEMORANDUM DECISION AND ORDER re: Sealed Docket Entries, granting 2258 Motion for Access; granting 2280 Motion for Access; finding as moot 2281 Motion to Expedite; granting 2340 Motion for Clarification; granting 2373 Motion for Joinder; granting 2454 Motion for Disclosure; granting in part 2463 Motion for Access. Signed by Magistrate Judge David Nuffer on 6/13/11 (alt)
February 22, 2011 Opinion or Order Filing 2441 MEMORANDUM DECISION THIRD ORDER REGARDING REVIEW PROTOCOL FOR SEIZED ELECTRONIC MEDIA re 2419 Order Regarding Review Protocol for Seized Electronic Data. THEREFORE IT IS HEREBY ORDERED that on or before March 4, 2011 counsel for Biamp and Cle arOne shall: a. review the Excel spreadsheet to assess what file types or file locations could be used in a narrowed file review or which file locations or directories could be used in a narrowed file review in a search for Protected Information; b. review the subsidiary Excel spreadsheet and PDF excerpt sheets to determine whether similar tools can better allow segregation of items which do and do not contain Protected Information; c. other suggestions for review of the electronic media; and d. file a response to the preceding subparagraphs. Signed by Magistrate Judge David Nuffer on February 22, 2011. (DN)
December 31, 2010 Opinion or Order Filing 2390 ORDER Regarding Seized Materials. On or before January 12, 2011:a. counsel for all parties shall file a report of the date and time (and two alternate dates and times) when they can appear at the court to review the documents;b. ClearOne sha ll cause to be filed an affidavit or declaration of each person having knowledge of the iPad since it was seized detailing its condition, who had access to it, when it was removed from its sleeve and by whom, and the presence of any associated proper ty.The case is set for a telephone status hearing January 7, 2011, at 8:30 a.m. to discuss the further processing of electronic data, including issues described in this order. See order for discussion of these issues. Signed by Magistrate Judge David Nuffer on 12/31/10. (DN) Modified on 12/31/2010 to correct year in dates (DN).
December 2, 2010 Opinion or Order Filing 2371 MEMORANDUM DECISION AND ORDER re: Hearings of 11/22/10 and 12/1/10. Signed by Magistrate Judge David Nuffer on 12/2/10 (alt)
August 13, 2010 Opinion or Order Filing 2236 SECOND AMENDED PERMANENT INJUNCTION against all of the Defendants in this case as well as interested third-party contemnor Donald Bowers. Signed by Judge Tena Campbell on 8/13/10 (alt)
May 21, 2010 Opinion or Order Filing 2195 ORDER granting in part and denying in part 2177 Motion to Compel, requiring specific action by stated deadlines. See order for details. Signed by Magistrate Judge David Nuffer on 05/21/10. (lcl)
March 25, 2010 Opinion or Order Filing 2134 ORDER AND MEMORANDUM DECISION - The Court treats Magistrate Judge Nuffer's 12/30/2009 2052 Order on Motion for Attorney Fees, Memorandum Decision as a Report and Recommendation and hereby adopts the R&R as the court's own order. Biamp� 39;s 2082 Sealed Document/Objection, the WideBank defendants 2084 Objection to Magistrate Judge Decision to District Court and ClearOne's Limited Objection 2081 are OVERRULED. Magistrate Judge Nuffer's 2087 Memorandum Decis ion dated 1/19/2010 is AFFIRMED. Donald Bowers' 2108 Objection to Magistrate Judge Decision to District Court is OVERRULED. Magistrate Judge Nuffer's 2/3/2010 2109 Order is AFFIRMED. The WideBand defendants 2111 Objection to Magistrate Judge Decision to District Court is OVERRULED. ClearOne's 2088 Motion to Strike 2084 Objection to Magistrate Judge's Order is DENIED. Biamp's 2100 Motion to Strike is DENIED AS MOOT. Signed by Judge Tena Campbell on 3/25/2010. (ce) Modified on 3/26/2010 to clarify that ClearOne's 2088 Motion to Strike refers to 2084 Objection to Magistrate Judge's Decision, not 2109 Order (ce).
January 29, 2010 Opinion or Order Filing 2097 MEMORANDUM DECISION AND ORDER Granting Award of Atty Fees and Expenses: Lonny Bowers, Jun Yang, WideBand Solutions (Massachusetts), and third-party DialHD, Inc., are jointly and severally liable to ClearOne in the sum of $184,506.52. Signed by Magistrate Judge David Nuffer on 1/29/10 (alt)
January 19, 2010 Opinion or Order Filing 2087 MEMORANDUM DECISION AND ORDER Awarding Atty Fees and Costs Against Donald Bowers: Donald Bowers is liable to ClearOne in the sum of $57,188.61. Signed by Magistrate Judge David Nuffer on 1/18/10 (alt)
December 30, 2009 Opinion or Order Filing 2052 MEMORANDUM DECISION AND ORDER granting in part 1590 Motion for Attorney Fees and Related Nontaxable Expenses: Andrew Chiang, Jun Yang, Lonny Bowers, WideBand Solutions, Versatile DSP, and Biamp Systems are jointly and severally liable to ClearOne f or the sum of $983,879.90; Biamp Systems is liable to ClearOne for the sum of $118,025.00; and Andrew Chiang, Jun Yang, Lonny Bowers, WideBand Solutions, Versatile DSP, are jointly and severally liable to ClearOne for the sum of $907,645.87. Signed by Magistrate Judge David Nuffer on 12/30/09 (alt)
November 19, 2009 Opinion or Order Filing 2009 MEMORANDUM DECISION AND ORDER OF CONTEMPT against Lonny Bowers, Jun Yang,WideBand Solutions of Massachusetts and DialHD: Contempt Hearing set for 1/8/2010 10:00 AM in Room 230 before Judge Tena Campbell. Signed by Judge Tena Campbell on 11/19/09 (alt)
September 14, 2009 Opinion or Order Filing 1923 MEMORANDUM DECISION AND ORDER GRANTING 1823 MOTION FOR PROTECTIVE ORDER. ClearOne's objection to Frail's undertaking is SUSTAINED. Signed by Magistrate Judge David Nuffer on 9/12/2009. (ce)
September 3, 2009 Opinion or Order Filing 1902 MEMORANDUM DECISION AND ORDER OF CONTEMPT AGAINST DONALD BOWERS. See order for details re: compliance with this order within fourteen (14) days. Signed by Judge Tena Campbell on 9/3/09. (ce)
July 20, 2009 Opinion or Order Filing 1754 ORDER AND MEMORANDUM DECISION denying 1602 Sealed Rule 60(b) Motion, and denying 1656 Sealed Rule 60(b) Motion. Signed by Judge Tena Campbell on 7/20/09 (alt)
April 20, 2009 Opinion or Order Filing 1531 MEMORANDUM DECISION : The 3/8/08 Memorandum Decision 766 consolidating this case with case 2:07cv832 is VACATED. The Motion to Dismiss With Prejudice copyright claims against the WideBand Defendants 1167 in this case shall become part of the now unconsolidated case number 2:07cv832. Plaintiff ClearOne Commn's Motion for Permanent Injunction, Exemplary Damages and Entry of Final Judgment 1302 is GRANTED IN PART AND DENIED IN PART. For details, see Memorandum Decision. The def endants' Motion to Strike the Declaration of Richard S. Hoffman, Jr 1420 is DENIED AS MOOT. ClearOne's request for leave to file and enforce the Final Judgment in foreign jurisdictions as set forth in 28 USC 1963 is DENIED WITHOUT PREJUDI CE. The following post-trial motions filed by pro se defendant Lonny Bowers are DENIED: 3/12/09 Motion for New Trial, Relief from Judgment and Remittitur, dkt 1497; 3/31/09 Motion for Full Access to Plaintiff's Proposed Findings of Fact and Conclusions of Law as Right of Due Process, dkt 1508; 4/1/09 Motion for Full Access to the Expert Report and Trial Testimony of Thomas Makovicka, dkt 1512; 4/6/09 Emergency Motion to Set Aside the Jury Verdict, dkt 1518; 4/17/09 Motion for Recons ideration of Permanent Injunction, dkt 1528. The court defers the ruling on the following motions, which shall remain pending despite the entry of final judgment on the central issues in this case: ClearOne's Ex Parte Motion for Entry o f Partial Judgment and Order of Contempt, 1504 ; ClearOne's Ex Parte Motion to Reschedule Hearing on Orders to Show Cause, 1506 . The Clerk of Court is directed to enter FINAL JUDGMENT in this case in accordance with FRCP 58(b)(2) and the court's ruling above. Signed by Judge Tena Campbell on 4/20/09. (ce)
April 9, 2009 Opinion or Order Filing 1524 ORDER granting in part and denying in part 1302 Motion for Permanent Injunction. Signed by Judge Tena Campbell on 4/8/09 (alt)
February 4, 2009 Opinion or Order Filing 1428 ORDER granting in part and denying in part 1304 MOTION to Expedite 1302 Motions, or alternatively MOTION to Expand Scope of Preliminary Injunction filed by Plaintiff ClearOne Communications ; granting in part and denying in part 1372 MOTION for P reliminary Injunction filed by Plaintiff ClearOne Communications. ; granting in part and denying in part 1390 MOTION to Compel Compliance With Court's Order and Redesignate Disclosure as "Confidential" filed by Plaintiff ClearOne Communications. For details, please see Order. Signed by Judge Tena Campbell on 2/4/09. (ce)
October 1, 2008 Opinion or Order Filing 1115 ORDER denying 1032 Motion to Remove Highly Confidential Designation of Expert Report of T. Makovicka. Signed by Magistrate Judge David Nuffer on 10/1/08. (DN)
September 3, 2008 Opinion or Order Filing 999 ORDER & MEMORANDUM DECISION denying 863 Motion for Partial Summary Judgment. Signed by Judge Tena Campbell on 9/3/08. (blk)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Utah District Court's Electronic Court Filings (ECF) System

Search for this case: ClearOne Communications v. Chiang et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: ClearOne Communications
Represented By: Jennifer F. Parrish
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Andrew Chiang
Represented By: Timothy B. Smith
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Jun Yang
Represented By: Timothy B. Smith
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Wideband Solutions
Represented By: Timothy B. Smith
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Biamp Systems
Represented By: James M. Witz
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Lonny Bowers
Represented By: Timothy B. Smith
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Harman Music Group
Represented By: Mark M. Bettilyon
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Yung-Jeng Yan
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Intervenor: David Sullivan
Represented By: Timothy B. Smith
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?