USF Holland LLC et al v. Software AG et al
| USF Holland LLC and YRC Worldwide, Inc. |
| Software AG, Inc., Software AG and Software AG USA, Inc. |
| 1:2020cv01166 |
| October 5, 2020 |
| U.S. District Court for the Eastern District of Virginia |
| John F Anderson |
| Anthony J Trenga |
| Copyright |
| 28 U.S.C. § 2201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.
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Filing 39
ORDER Granting #37 Joint Motion to Voluntarily Dismiss; that the above- captioned case is DISMISSED WITH PREJUDICE, with each party to bear its own attorney's fees, costs, and expenses. Signed by District Judge Anthony J Trenga on 11/30/2020. (choy, )
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Filing 38
ORDERED that the parties having filed a stipulated order of dismissal #37 , the status conference scheduled for Friday, December 4, 2020, is cancelled. Signed by Magistrate Judge John F. Anderson on 11/30/2020. (choy, )
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| Filing 37 Joint MOTION to Voluntarily Dismiss and enter stipulated order of dismissal by USF Holland LLC, YRC Worldwide, Inc.. (Attachments: #1 Proposed Order)(Milliken, Christy) |
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Filing 36
ORDER, for the reasons discussed with counsel and for good cause, all action in this case is stayed until 12/4/2020. A status conference will be set for 12/4/2020 at 10:00 a.m. before the undersigned. If a stipulated order of dismissal has been filed by 12/3/2020, the status conference will be cancelled. Signed by Magistrate Judge John F. Anderson on 11/4/2020. (rban, )
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| Set Hearing: Status Conference set for 12/4/2020 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (rban, ) |
| Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Settlement Conference held on 11/3/2020. Settlement Conference lasted five hours. (wgar, ) |
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Filing 35
ORDER granting #34 Motion for Extension of Time to File. All Defendants shall have up to and including November 20, 2020 to respond to Plaintiffs' Amended Complaint (including, but not limited to, filing a counterclaim). Signed by Magistrate Judge John F. Anderson on 10/28/2020. (wgar, )
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| Filing 34 Consent MOTION for Extension of Time for Software AG and Software AG, Inc. to Respond to the Amended Complaint by Software AG, Software AG, Inc.. (Attachments: #1 Proposed Order)(Weigand, Kevin) |
| Filing 33 WAIVER OF SERVICE Returned Executed by USF Holland LLC, YRC Worldwide, Inc.. as to Software AG USA, Inc. waiver sent on 10/19/2020, answer due 12/18/2020; (Milliken, Christy) Modified text on 10/27/2020 and correct answer due date (klau, ). |
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Filing 32
Order Rule 16(b) Scheduling Order - Upon consideration of the representations made by the parties in their Joint Discovery Plan (Docket no. 31) and taking note of the Scheduling Order entered in this case (Docket no. 25), the court makes the following rulings: The Joint Discovery Plan filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the court. Signed by Magistrate Judge John F. Anderson on 10/21/2020. SEE ORDER FOR FURTHER DETAILS. (wgar, )
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| Filing 31 Joint Discovery Plan by Software AG, Software AG USA, Inc., Software AG, Inc..(Weigand, Kevin) |
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Filing 30
ORDER granting #29 Motion for Pro hac vice. Signed by District Judge Anthony J Trenga on 10/21/20. (klau, )
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| Filing 29 Motion to appear Pro Hac Vice by Robert Jordan Scott and Certification of Local Counsel Christy M. Milliken Filing fee $ 75, receipt number 0422-7455041. by USF Holland LLC, YRC Worldwide, Inc.. (Attachments: #1 Exhibit Application of Robert Jordan Scott)(Milliken, Christy) |
| Settlement Conference set for 11/3/2020 at 02:00 PM in Alexandria Remote before Magistrate Judge John F. Anderson. (wgar, ) |
| Filing 28 Summons Issued for Amended Complaint for service by SPS as to Software AG USA, Inc.. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint and Amended Complaint. (Attachments: #1 Notice)(klau, ) |
| Filing 27 Proposed Summons re #26 Amended Complaint, by USF Holland LLC, YRC Worldwide, Inc.. (Milliken, Christy) |
| Filing 26 AMENDED COMPLAINT and JURY DEMAND against Software AG, Software AG, Inc., Software AG USA, Inc., filed by USF Holland LLC, YRC Worldwide, Inc., Software AG USA, Inc.. (Attachments: #1 Exhibit Exhibit A - Declaration of Shelly Moore, #2 Exhibit Exhibit 1 to Declaration of Shelly Moore)(Milliken, Christy) |
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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)
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| Filing 24 Case transferred in from District of Kansas; Case Number 2:20-cv-02284. Original file and docket sheet received. |
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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.]
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| 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.] |
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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.]
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| 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.] |
| 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.] |
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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.]
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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.]
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| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
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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.]
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| 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.] |
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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.]
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| 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.] |
| 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.] |
| 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.] |
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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.]
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| 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.] |
| 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.] |
| 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.] |
| 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.] |
| Filing 2 CIVIL COVER SHEET by Plaintiffs USF Holland LLC, YRC Worldwide, Inc.. (Concannon Hausmann, Taylor) [Transferred from Kansas on 10/5/2020.] |
| 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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