ClearOne v. PathPartner Technology PVT
| ClearOne |
| PathPartner Technology PVT, PathPartner Technology Pvt Ltd and PathPartner Technology |
| 2:2021cv00362 |
| June 11, 2021 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Cecilia M Romero |
| Defend Trade Secrets Act (of 2016) |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 4, 2021. A more recent docket listing may be available from PACER.
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| Filing 37 Defendants' ANSWER to #7 Amended Complaint filed by PathPartner Technology, PathPartner Technology Pvt Ltd.(Wright, Andrew) |
| Filing 39 NOTICE OF HEARING: (Notice generated by HCN chambers) Zoom Hearing set for 9/21/2021 at 10:00 AM and 9/24/2021 at 10:00 AM before Judge Howard C. Nielson, Jr.Hearing will be held via ZOOM. Link will be emailed to counsel. Members of the public or media who are interested in viewing this hearing may contact chambers at utdecf_nielson@utd.uscourts.gov (mlp) |
| Filing 38 Minute Entry for proceedings held before Judge Howard C. Nielson, Jr. Status Conference held on 8/3/2021. Court heard from parties and set the following deadlines:ClearOne may promulgate 5 document requests limited to the three topics identified at the hearing no later than August 6PathPartner's combined response and preliminary version of any declarations relied on in the response due 8/24Final version of PathPartner's declarations relied on in the response and any additional declarations due 8/31ClearOne's combined reply due 8/31PathPartner's response to document requests due 9/3ClearOne's response to modified or additional declarations due 9/7Exhibit lists due 9/10Zoom Hearing set for 9/21 at 10:00 am and 9/24 at 10:00 am (if needed) Attorney for Plaintiff: James Magleby, Jennifer Parrish, Attorney for Defendant: David Kupfer, Andrew Wright. Court Reporter: Laura Robinson. (Time Start: 11:00, Time End: 12:05, Room: zoom video.)(mlp) |
| Filing 36 RESPONSE to Motion re #31 Supplemental MOTION for Preliminary Injunction and Memorandum in Support 12] and #14 filed by Defendants PathPartner Technology, PathPartner Technology Pvt Ltd. (Hamilton, Mark) |
Filing 35
ORDER granting #30 Motion for Admission Pro Hac Vice of Attorney Mark F. Hamilton for PathPartner Technology, PathPartner Technology Pvt Ltd.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 7/30/21. (jwt)
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Filing 34
ORDER granting #28 Motion for Admission Pro Hac Vice of Attorney Jessica L. Gross for PathPartner Technology, PathPartner Technology Pvt Ltd.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 7/30/21. (jwt)
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Filing 33
ORDER granting #29 Motion for Admission Pro Hac Vice of Attorney David M. Kupfer for PathPartner Technology, PathPartner Technology Pvt Ltd.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 7/30/21. (jwt)
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| Filing 32 MOTIONS REFERRED - #28 MOTION for Admission Pro Hac Vice of Jessica L. Gross , Registration fee $ 250, receipt number AUTDC-4069843,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of cas, #30 MOTION for Admission Pro Hac Vice of Mark Hamilton , Registration fee $ 250, receipt number AUTDC-4069865, Motions referred to Cecilia M. Romero. (dla) |
| Filing 31 Supplemental MOTION for Preliminary Injunction and Memorandum in Support 12] and #14 filed by Plaintiff ClearOne. (Attachments: #1 Exhibit, #2 Exhibit)(Parrish, Jennifer) |
| Filing 30 MOTION for Admission Pro Hac Vice of Mark Hamilton , Registration fee $ 250, receipt number AUTDC-4069865,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants PathPartner Technology, PathPartner Technology Pvt Ltd. (Attachments: #1 Exhibit Application for Pro Hac Vice, #2 Text of Proposed Order Granting Pro Hac Vice)(Wright, Andrew) |
| Filing 29 MOTION for Admission Pro Hac Vice of David M. Kupfer , Registration fee $ 250, receipt number AUTDC-4069853,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants PathPartner Technology, PathPartner Technology Pvt Ltd. (Attachments: #1 Exhibit Application for Pro Hac Vice, #2 Text of Proposed Order Granting Pro Hac Vice)(Wright, Andrew) |
| Filing 28 MOTION for Admission Pro Hac Vice of Jessica L. Gross , Registration fee $ 250, receipt number AUTDC-4069843,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants PathPartner Technology, PathPartner Technology Pvt Ltd. (Attachments: #1 Exhibit Application for Pro Hac Vice, #2 Text of Proposed Order Granting Pro Hac Vice)(Wright, Andrew) |
| Filing 27 NOTICE OF HEARING: (Notice generated by HCN chambers) Status Conference set for 8/3/2021 at 11:00 AM before Judge Howard C. Nielson, Jr.Hearing will be held via ZOOM. Link will be emailed to counsel. Members of the public or media who are interested in viewing this hearing may contact chambers at utdecf_nielson@utd.uscourts.gov (mlp) |
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Filing 26
DOCKET TEXT ORDER. Having carefully reviewed #12 Plaintiff's Ex Parte Motion for a Temporary Restraining Order and a Preliminary Injunction, the court finds that Plaintiff has failed to justify an ex parte temporary restraining order under Federal Rule of Civil Procedure 65(b)(1). As the Supreme Court has explained, the issuance of ex parte temporary restraining orders is subject to "stringent restrictions" because "our entire jurisprudence runs counter to the notion of court action taken before reasonable notice and an opportunity to be heard has been granted both sides of a dispute." Granny Goose Foods, Inc. v. Teamsters, 415 U.S. 423, 43839 (1974). To the extent Plaintiff seeks an ex parte temporary restraining order, its motion is accordingly DENIED. Plaintiff's request for a preliminary injunction remains pending, however, and the court will set a status conference as soon as reasonably practicable to establish a briefing schedule and discuss logistics for promptly resolving Plaintiff's request for a preliminary injunction. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 7/22/2021. No attached document. (jcp)
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Filing 25
DOCKET TEXT ORDER granting #24 Motion for Extension of Time to Answer to Answer Amended Complaint: Defendants PathPartner Technology and PathPartner Technology Pvt Ltd's answer due 8/4/2021. Signed by Magistrate Judge Cecilia M. Romero on 7/22/21. No attached document. (dla)
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| Filing 24 Ex Parte (Not Sealed) MOTION for Extension of Time Answer Amended Complaint filed by Defendants PathPartner Technology, PathPartner Technology Pvt Ltd. (Attachments: #1 Text of Proposed Order Granting Motion for Extension of Time) Motions referred to Cecilia M. Romero. Attorney Andrew D. Wright added to party PathPartner Technology(pty:dft), Attorney Andrew D. Wright added to party PathPartner Technology Pvt Ltd(pty:dft)(Wright, Andrew) Modified by correcting event type on 7/22/2021 (dla). |
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Filing 23
ORDER granting #13 #16 #19 Motions to Seal. Signed by Magistrate Judge Cecilia M. Romero on 7/21/21. (dla)
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| Filing 22 AFFIDAVIT/DECLARATION of Jennifer Fraser Parrish in Support re #12 Redacted MOTION for Temporary Restraining Order and Memorandum in Support Redacted MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff ClearOne. (Parrish, Jennifer) |
| Filing 21 AFFIDAVIT/DECLARATION of Ketan Merchant in Support re #12 Redacted MOTION for Temporary Restraining Order and Memorandum in Support Redacted MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff ClearOne. (Parrish, Jennifer) |
| Filing 20 **SEALED DOCUMENT** re #18 Affidavit/Declaration in Support of Motion, filed by Plaintiff ClearOneNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit Sealed, #2 Exhibit Sealed)(Parrish, Jennifer) |
| Filing 19 MOTION for Leave to File Sealed Document re #18 Affidavit/Declaration in Support of Motion, filed by Plaintiff ClearOne. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Parrish, Jennifer) |
| Filing 18 Redacted AFFIDAVIT/DECLARATION of Narsi Narayanan in Support re #12 Redacted MOTION for Temporary Restraining Order and Memorandum in Support Redacted MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff ClearOne. (Parrish, Jennifer) |
| Filing 17 **SEALED DOCUMENT** re #15 Affidavit/Declaration in Support of Motion, filed by Plaintiff ClearOneNOTE: Filer is instructed to serve the sealed document on all other parties.. (Parrish, Jennifer) |
| Filing 16 MOTION for Leave to File Sealed Document re #15 Affidavit/Declaration in Support of Motion, filed by Plaintiff ClearOne. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Parrish, Jennifer) |
| Filing 15 Redacted AFFIDAVIT/DECLARATION of Derek Graham in Support re #12 Redacted MOTION for Temporary Restraining Order and Memorandum in Support Redacted MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff ClearOne. (Parrish, Jennifer) |
| Filing 14 **SEALED DOCUMENT** re #12 Redacted MOTION for Temporary Restraining Order and Memorandum in Support Redacted MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff ClearOneNOTE: Filer is instructed to serve the sealed document on all other parties.. (Parrish, Jennifer) |
| Filing 13 MOTION for Leave to File Sealed Document re #12 Redacted MOTION for Temporary Restraining Order and Memorandum in Support Redacted MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff ClearOne. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Parrish, Jennifer) |
| Filing 12 Redacted MOTION for Temporary Restraining Order and Memorandum in Support , Redacted MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff ClearOne. (Attachments: #1 Exhibit Discovery Requests, #2 Exhibit Discovery Responses, #3 Exhibit Discovery Requests, #4 Exhibit Discovery Responses, #5 Exhibit Excerpt of Depo Transcript, #6 Text of Proposed Order, #7 Text of Proposed Order)(Parrish, Jennifer) |
| Filing 11 WAIVER OF SERVICE Returned Executed filed by ClearOne as to PathPartner Technology Pvt Ltd Waiver sent on 6/25/2021, answer due 9/23/2021. (Parrish, Jennifer) |
| Filing 10 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by ClearOne as to PathPartner Technology served on 6/30/2021, answer due 7/21/2021. (Parrish, Jennifer) |
| Filing 9 **RESTRICTED DOCUMENT**Summons Issued Electronically as to PathPartner Technology. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh) |
| Filing 8 **RESTRICTED DOCUMENT**Second Amended Summons Issued Electronically as to PathPartner Technology Pvt Ltd. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh) |
| Filing 7 AMENDED COMPLAINT against PathPartner Technology Pvt Ltd with Jury Demand. New Defendants: PathPartner Technology, Inc.. filed by ClearOne. (Magleby, James) Modified on 6/18/2021: corrected entry text (alt) |
| NAME CORRECTION of PathPartner Technology PVT. Corrected Name: PathPartner Technology Pvt Ltd. Refer to document number: #7 (spelling/capitalization corrected) (alt) |
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Filing 6
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Cecilia M. Romero on 6/15/21. (dla)
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Filing 5
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr on 6/14/21. (dla)
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| Filing 4 **RESTRICTED DOCUMENT**AMENDED Summons Issued Electronically as to PathPartner Technology PVT at address in Bangalore/NJ. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) |
| Filing 3 **RESTRICTED DOCUMENT**Summons Issued Electronically as to PathPartner Technology PVT. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) |
| Filing 2 COMPLAINT and Demand for Jury Trial against PathPartner Technology PVT (Filing fee $ 402, receipt number AUTDC-4030622) filed by ClearOne. Assigned to Judge Howard C. Nielson, Jr (Magleby, James) |
| Filing 1 Case has been indexed and assigned to Judge Howard C. Nielson, Jr. Plaintiff ClearOne is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (nmt) |
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