USF Holland LLC et al v. Software AG et al
Plaintiff: USF Holland LLC and YRC Worldwide, Inc.
Defendant: Software AG, Inc. and Software AG
Case Number: 1:2020cv01166
Filed: October 5, 2020
Court: US District Court for the Eastern District of Virginia
Presiding Judge: John F Anderson
Referring Judge: Anthony J Trenga
Nature of Suit: Copyright
Cause of Action: 28:2201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 5, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2020 Opinion or Order Filing 25 SCHEDULING ORDER: Initial Pretrial Conference set for 10/28/2020 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. Final Pretrial Conference set for 2/18/2021 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga. Discovery due by 2/12/2021. Signed by District Judge Anthony J. Trenga on 10/5/2020. (Attachments: #1 Magistrate Consent, #2 Pretrial Notice)(dzir)
October 5, 2020 Filing 24 Case transferred in from District of Kansas; Case Number 2:20-cv-02284. Original file and docket sheet received.
October 5, 2020 Opinion or Order Filing 23 ORDER TRANSFERRING VENUE TO THE EASTERN DISTRICT OF VIRGINIA (ALEXANDRIA DIVISION). Signed by District Judge J. Thomas Marten on 10/5/2020. (sz) [Transferred from Kansas on 10/5/2020.]
October 2, 2020 Filing 22 STIPULATION to Transfer Venue to the Eastern District of Virginia (Alexandria Division) by USF Holland LLC, YRC Worldwide, Inc.. (Concannon Hausmann, Taylor) [Transferred from Kansas on 10/5/2020.]
August 27, 2020 Opinion or Order Filing 21 ORDER granting #20 Motion for Extension of Time to File Response re #12 MOTION to Dismiss or, in the Alternative, to Transfer Venue. Plaintiffs USF Holland, LLC and YRC Worldwide Inc. shall have up to and including October 2, 2020, to respond. Signed by District Judge J. Thomas Marten on 8/27/2020. (sz) [Transferred from Kansas on 10/5/2020.]
August 27, 2020 MOTION REFERRAL to Magistrate Judge REMOVED as to: #20 Joint MOTION for Extension of Time to File Response as to #12 MOTION to Dismiss or, in the Alternative, to Transfer Venue Joint Motion for Extension of Time to Respond to Defendants' Motion to Dismiss Or, In The Alternative, To. The motion will be resolved by the District Judge.(adc) [Transferred from Kansas on 10/5/2020.]
August 27, 2020 Filing 20 Joint MOTION for Extension of Time to File Response as to #12 MOTION to Dismiss or, in the Alternative, to Transfer Venue Joint Motion for Extension of Time to Respond to Defendants' Motion to Dismiss Or, In The Alternative, To Transfer Venue by Plaintiffs USF Holland LLC, YRC Worldwide, Inc. (Concannon Hausmann, Taylor) [Transferred from Kansas on 10/5/2020.]
August 21, 2020 Opinion or Order Filing 19 ORDER. The undersigned Magistrate Judge communicated to counsel via letter dated August 7, 2020, regarding deferred scheduling of this case. Having received no response, the initial order and scheduling in this case shall be deferred pending ruling on the motion to dismiss, or in the alternative, to transfer venue (ECF No. 12). IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 8/21/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(adc) [Transferred from Kansas on 10/5/2020.]
August 7, 2020 Opinion or Order Filing 18 ORDER granting #15 , #16 and #17 Motions to Appear Pro Hac Vice of Kevin W. Weigand, Nicholas M. DePalma and Stephen K. Gallagher for Software AG and Software AG, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 8/7/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala) Modified on 8/10/2020 to add docket entry links(smc). [Transferred from Kansas on 10/5/2020.]
August 7, 2020 Filing 17 MOTION for attorney Stephen K. Gallagher to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number BKSDC-5220889.) by Defendants Software AG, Software AG, Inc. (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Affidavit Affidavit in Support of Motion, #2 ECF Registration Form PHV Electronic Filing Form)(Campbell, Terrence) Modified on 8/7/2020 to correct middle initial (ala). [Transferred from Kansas on 10/5/2020.]
August 7, 2020 Filing 16 MOTION for attorney Nicholas M. DePalma to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5220887.) by Defendants Software AG, Software AG, Inc. (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Affidavit Affidavit in Support of Motion, #2 ECF Registration Form PHV Electronic Filing Form)(Campbell, Terrence) [Transferred from Kansas on 10/5/2020.]
August 7, 2020 Filing 15 MOTION for attorney Kevin W. Weigand to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5220878.) by Defendants Software AG, Software AG, Inc. (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Affidavit Affidavit in Support of Motion, #2 ECF Registration Form PHV Electronic Filing Form)(Campbell, Terrence) [Transferred from Kansas on 10/5/2020.]
August 7, 2020 Filing 14 CORPORATE DISCLOSURE STATEMENT by Software AG, Software AG, Inc. identifying Software AG as corporate parent (Campbell, Terrence) [Transferred from Kansas on 10/5/2020.]
August 7, 2020 Filing 13 MEMORANDUM IN SUPPORT of #12 MOTION to Dismiss or, in the Alternative, to Transfer Venue by Defendants Software AG, Software AG, Inc. (Attachments: #1 Affidavit Declaration of Christian Di Vernieri)(Campbell, Terrence) [Transferred from Kansas on 10/5/2020.]
August 7, 2020 Filing 12 MOTION to Dismiss or, in the Alternative, to Transfer Venue by Defendants Software AG, Software AG, Inc. (Campbell, Terrence) [Transferred from Kansas on 10/5/2020.]
June 12, 2020 Filing 11 WAIVER OF SERVICE Returned Executed by USF Holland LLC, YRC Worldwide, Inc. Software AG and Software AG, Inc waiver sent on 6/8/2020, answer due 8/7/2020. (Concannon Hausmann, Taylor) Modified to correct service text on 6/18/2020 (hw). [Transferred from Kansas on 10/5/2020.]
June 10, 2020 Opinion or Order Motions terminated: Pursuant to the Notice of Withdrawal #10 filed 6/9/2020, Dkt. #8 MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in Support filed by YRC Worldwide, Inc., and USF Holland LLC is terminated. Signed by District Judge J. Thomas Marten on 6/10/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(kdw) [Transferred from Kansas on 10/5/2020.]
June 9, 2020 Filing 10 NOTICE of Withdrawal of Plaintiffs' Motion for Temporary Restraining Order & Preliminary Injunction by USF Holland LLC, YRC Worldwide, Inc. re #8 MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in Support (Concannon Hausmann, Taylor) [Transferred from Kansas on 10/5/2020.]
June 9, 2020 Opinion or Order Filing 9 ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Gwynne E. Birzer for all further pre-trial non-dispositive proceedings. Magistrate Judge Teresa J. James no longer assigned to case. Reason for reassignment: Conflict with Scott & Scott firm/attorney. Signed by Magistrate Judge Teresa J. James on 6/9/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ck) [Transferred from Kansas on 10/5/2020.]
June 8, 2020 Filing 8 (WITHDRAWN PER DE #10 NOTICE) MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in Support by Plaintiffs USF Holland LLC, YRC Worldwide, Inc. (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15)(Concannon Hausmann, Taylor) Modified on 6/11/2020 (smc). [Transferred from Kansas on 10/5/2020.]
June 8, 2020 Filing 7 AO FORM 121: REPORT on the Filing or Determination of an Action or Appeal Regarding a Copyright. (Concannon Hausmann, Taylor) [Transferred from Kansas on 10/5/2020.]
June 8, 2020 Filing 6 DESIGNATION OF PLACE OF TRIAL filed by Plaintiffs USF Holland LLC, YRC Worldwide, Inc. - trial to be held in Kansas City. (Concannon Hausmann, Taylor) [Transferred from Kansas on 10/5/2020.]
June 8, 2020 Opinion or Order Filing 5 ORDER granting #4 Motion to Appear Pro Hac Vice of Robert J. Scott for USF Holland LLC,Robert J. Scott for YRC Worldwide, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by District Judge J. Thomas Marten on 6/8/2020. (sz) [Transferred from Kansas on 10/5/2020.]
June 8, 2020 NOTICE OF DEFICIENCY - Designation of place of trial is missing. The filing party/attorney is directed to correct the deficiency immediately.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca) [Transferred from Kansas on 10/5/2020.]
June 8, 2020 NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge J. Thomas Marten and Magistrate Judge Teresa J. James for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca) [Transferred from Kansas on 10/5/2020.]
June 5, 2020 Filing 4 MOTION for attorney Robert Jordan Scott to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5161020.) by Plaintiffs USF Holland LLC, YRC Worldwide, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Concannon Hausmann, Taylor) [Transferred from Kansas on 10/5/2020.]
June 5, 2020 Filing 3 CORPORATE DISCLOSURE STATEMENT by USF Holland LLC, YRC Worldwide, Inc. identifying None as corporate parent . (Concannon Hausmann, Taylor) [Transferred from Kansas on 10/5/2020.]
June 5, 2020 Filing 2 CIVIL COVER SHEET by Plaintiffs USF Holland LLC, YRC Worldwide, Inc.. (Concannon Hausmann, Taylor) [Transferred from Kansas on 10/5/2020.]
June 5, 2020 Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-5161003.), filed by USF Holland LLC, YRC Worldwide, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit)(Concannon Hausmann, Taylor) [Transferred from Kansas on 10/5/2020.]

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Defendant: Software AG, Inc.
Represented By: Stephen Keith Gallagher
Represented By: Kevin William Weigand
Represented By: Nicholas Martin DePalma
Represented By: Terrence J. Campbell
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Defendant: Software AG
Represented By: Stephen Keith Gallagher
Represented By: Kevin William Weigand
Represented By: Nicholas Martin DePalma
Represented By: Terrence J. Campbell
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Plaintiff: USF Holland LLC
Represented By: Taylor Brooke Concannon Hausmann
Represented By: Robert J. Scott
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Plaintiff: YRC Worldwide, Inc.
Represented By: Taylor Brooke Concannon Hausmann
Represented By: Robert J. Scott
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