Peraton Enterprise Solutions LLC v. International Business Machines Corporation
| Peraton Enterprise Solutions LLC |
| International Business Machines Corporation |
| 1:2024cv00522 |
| March 31, 2024 |
| US District Court for the Eastern District of Virginia |
| Leonie M Brinkema |
| William E Fitzpatrick |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 83 Memorandum in Support re #80 MOTION to Seal Opposition filed by Peraton Enterprise Solutions LLC. (Pierce, Anthony) |
| Filing 82 Sealed Opposition re #71 MOTION to Compel Discovery From Plaintiff/Counterclaim-Defendant Peraton Enterprise Solutions, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Order)(Pierce, Anthony) |
| Filing 81 Notice of Filing Sealing Motion LCvR5(C) by Peraton Enterprise Solutions LLC re #80 MOTION to Seal (Pierce, Anthony) |
| Filing 80 MOTION to Seal by Peraton Enterprise Solutions LLC. (Attachments: #1 Proposed Order)(Pierce, Anthony) |
| Filing 79 AMENDED COUNTERCLAIM against Peraton Enterprise Solutions LLC, filed by International Business Machines Corporation.(Jackson, J.) |
| Filing 78 NOTICE of Appearance by James Ryan Sims on behalf of International Business Machines Corporation (Sims, James) |
| Set Deadline as to #71 MOTION to Compel Discovery From Plaintiff/Counterclaim-Defendant Peraton Enterprise Solutions, LLC. Motion Hearing set for 5/31/2024 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (triv) |
Filing 77
ORDER granting #70 Motion for Pro hac vice Appointed Ryan Patrick McGovern for International Business Machines Corporation,Ryan Patrick McGovern for International Business Machines Corporation. Signed by District Judge Leonie M. Brinkema on 5/24/2024. (swil)
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| Filing 76 Sealed Memorandum in Support re #71 MOTION to Compel Discovery From Plaintiff/Counterclaim-Defendant Peraton Enterprise Solutions, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Jackson, J.) |
| Filing 75 Notice of Filing Sealing Motion LCvR5(C) by International Business Machines Corporation re #73 MOTION to Seal IBMs Motion to Compel Discovery And The Exhibits (Jackson, J.) |
| Filing 74 Memorandum in Support re #73 MOTION to Seal IBMs Motion to Compel Discovery And The Exhibits filed by International Business Machines Corporation. (Jackson, J.) |
| Filing 73 MOTION to Seal IBMs Motion to Compel Discovery And The Exhibits by International Business Machines Corporation. (Attachments: #1 Proposed Order)(Jackson, J.) |
| Filing 72 Notice of Hearing Date 5/31/2024 re #71 MOTION to Compel Discovery From Plaintiff/Counterclaim-Defendant Peraton Enterprise Solutions, LLC (Jackson, J.) |
| Filing 71 MOTION to Compel Discovery From Plaintiff/Counterclaim-Defendant Peraton Enterprise Solutions, LLC by International Business Machines Corporation. (Attachments: #1 Proposed Order)(Jackson, J.) |
| Filing 70 Motion to appear Pro Hac Vice by Ryan Patrick McGovern and Certification of Local Counsel J. Andrew Jackson Filing fee $ 75, receipt number AVAEDC-9547782. by International Business Machines Corporation. (Jackson, J.) |
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Filing 69
ORDERED that defendant's Motion for Court-Ordered Settlement Conference [Dkt. No. 47] be and is GRANTED. Signed by District Judge Leonie M. Brinkema on 5/24/2024. (swil)
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| Filing 68 Minute Entry for proceedings held before District Judge Leonie M. Brinkema: Motion Hearing held on 5/24/2024 in re #47 MOTION for Court-Ordered Settlement Conference. Anthony Pierce, David Vondle, Miranda Dore appeared on behalf of plaintiff. Patrick Haney, J. Andrew Jackson, Krista Heckmann appeared on behalf of defendant. Motion #47 GRANTED - Parties directed to WEF Chambers to schedule settlement conference after today's court hearing.(Court Reporter S. Austin)(kgall) |
| Settlement Conference set for 5/30/2024 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (wgar, ) |
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Filing 67
ORDER granting #62 Motion to Seal. Signed by District Judge Leonie M. Brinkema on 5/22/2024. (dvanm, )
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Filing 66
ORDER granting #49 Motion to Seal. Signed by District Judge Leonie M. Brinkema on 5/22/2024. (dvanm)
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| Filing 65 Memorandum in Support re #62 MOTION to Seal Reply filed by International Business Machines Corporation. (Jackson, J.) |
| Filing 64 Sealed Response/Reply/Opposition re #47 MOTION for Court-Ordered Settlement Conference . (Attachments: #1 Exhibit A, #2 Exhibit B)(Jackson, J.) |
| Filing 63 Notice of Filing Sealing Motion LCvR5(C) by International Business Machines Corporation re #62 MOTION to Seal Reply (Jackson, J.) |
| Filing 62 MOTION to Seal Reply by International Business Machines Corporation. (Attachments: #1 Proposed Order)(Jackson, J.) |
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Filing 61
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge William E. Fitzpatrick on 5/21/2024. (dvanm)
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Filing 60
ORDER granting #56 Motion to Seal. Signed by District Judge Leonie M. Brinkema on 5/21/2024. (dvanm)
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| Filing 59 Memorandum in Support re #56 MOTION to Seal Response filed by Peraton Enterprise Solutions LLC. (Pierce, Anthony) |
| Filing 58 Sealed Response re #47 MOTION for Court-Ordered Settlement Conference . (Attachments: #1 Proposed Order)(Pierce, Anthony) |
| Filing 57 Notice of Filing Sealing Motion LCvR5(C) by Peraton Enterprise Solutions LLC re #56 MOTION to Seal (Pierce, Anthony) |
| Filing 56 MOTION to Seal by Peraton Enterprise Solutions LLC. (Attachments: #1 Proposed Order)(Pierce, Anthony) |
| Filing 55 Joint MOTION for Protective Order by Peraton Enterprise Solutions LLC. (Attachments: #1 Exhibit A - Proposed Stipulated Protective Order)(Pierce, Anthony) |
| Filing 54 ANSWER to Counterclaim by Peraton Enterprise Solutions LLC. (Pierce, Anthony) |
| Set Deadline as to #47 MOTION for Court-Ordered Settlement Conference. Motion Hearing set for 5/24/2024 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (triv) |
| Filing 53 Notice of Hearing Date set for 5/24/2024 re #47 MOTION for Court-Ordered Settlement Conference (Jackson, J.) |
| Filing 52 Memorandum in Support re #49 MOTION to Seal Exhibit A filed by International Business Machines Corporation. (Jackson, J.) |
| Filing 51 Sealed Attachment/Exhibit(s) re #49 MOTION to Seal Exhibit A. (Jackson, J.) |
| Filing 50 Notice of Filing Sealing Motion LCvR5(C) by International Business Machines Corporation re #49 MOTION to Seal Exhibit A (Jackson, J.) |
| Filing 49 MOTION to Seal Exhibit A by International Business Machines Corporation. (Attachments: #1 Proposed Order)(Jackson, J.) |
| Filing 48 Memorandum in Support re #47 MOTION for Court-Ordered Settlement Conference filed by International Business Machines Corporation. (Attachments: #1 Exhibit A)(Jackson, J.) |
| Filing 47 MOTION for Court-Ordered Settlement Conference by International Business Machines Corporation. (Attachments: #1 Proposed Order)(Jackson, J.) |
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Filing 46
ORDER in re #45 Joint MOTION for Extension of Pretrial Deadlines. ORDERED that the parties are permitted a 7-day extension to existing discovery response deadlines; it is further ORDERED that the deadline to amend pleadings or add parties is hereby extended to May 29, 2024; it is further ORDERED that the deadline for Peraton to file a responsive pleading to IBMs counterclaims is hereby extended to May 17, 2024; and it is further ORDERED that the request to allow the parties to agree among themselves for additional extensions, without leave of the Court, as to discovery response deadlines is DENIED. Signed by Magistrate Judge William E. Fitzpatrick on 5/10/2024. (Dest)
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| Filing 45 Joint MOTION for Extension of Pretrial Deadlines by International Business Machines Corporation. (Attachments: #1 Proposed Order)(Jackson, J.) |
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Filing 44
Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that: Upon consideration of the representations made by the parties in the Proposed Joint Discovery Plan pursuant to Fed. R. Civ. P. 26(f) (Joint Discovery Plan) (Dkt. 41) and at the initial pretrial conference held on May 1, 2024, and taking note of the Scheduling Order entered in this case (Dkt. 28), the court makes the following rulings: 1. All discovery shall be concluded by September 13, 2024. 2. The Joint Discovery Plan filed by the parties is approved, as amended herein, and shall control discovery to the extent of its application unless further modified by the court. 3. All Fed. R. Civ. P. 26(a)(1) disclosures were completed by April 24, 2024. 4. Expert disclosures shall be governed by paragraph 3(e) of the Joint Discovery Plan. To the extent the parties wish to modify expert deadlines, they must seek leave of court. 5. Deadlines to file dispositive motions will be set by the District Judge at the Final Pretrial Conference. (see Order for complete details). Signed by Magistrate Judge William E. Fitzpatrick on 5/1/24. (tfitz, )
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| Minute Entry for proceedings held before Magistrate Judge William E. Fitzpatrick: Initial Pretrial Conference held on 5/1/2024. Appearance of counsel via phone. Joint Discovery Plan adopted as amended. (per WEF chambers) (tfitz, ) |
| Filing 43 NOTICE of filing REDACTED ANSWER, AFFIRMATIVE DEFENSES, and COUNTERCLAIMS by International Business Machines Corporation re #40 Order on Motion to Seal (Jackson, J.) |
| Filing 42 REDACTED ANSWER to Complaint AFFIRMATIVE DEFENSES, and COUNTERCLAIM and against Peraton Enterprise Solutions LLC by International Business Machines Corporation.(Jackson, J.) |
| Filing 41 REPORT of Rule 26(f) Planning Meeting by Peraton Enterprise Solutions LLC. (Pierce, Anthony) |
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Filing 40
ORDER granting #36 MOTION to Seal, with the understanding that IBM will file a redacted version as soon as practicable (see Order for further details). Signed by District Judge Leonie M. Brinkema on 4/22/2024. (Dest)
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| Filing 39 Memorandum in Support re #36 MOTION to Seal filed by International Business Machines Corporation. (Jackson, J.) |
| Filing 38 Sealed Document ANSWER, Affirmative Defenses, and Counterclaims re #3 Sealed Document. (Jackson, J.) |
| Filing 37 Notice of Filing Sealing Motion LCvR5(C) by International Business Machines Corporation re #36 MOTION to Seal (Jackson, J.) |
| Filing 36 MOTION to Seal by International Business Machines Corporation. (Attachments: #1 Proposed Order)(Jackson, J.) |
| Filing 35 NOTICE of Filing Redacted Opposition to Motion for Temporary Restraining Order and Preliminary Injunction by International Business Machines Corporation re #25 Order on Motion to Seal, (Jackson, J.) |
| Filing 34 NOTICE by Peraton Enterprise Solutions LLC re #24 Order on Motion to Seal, #23 Sealed Response/Reply/Opposition, #3 Sealed Document (Attachments: #1 Redacted Verified Complaint, #2 Redacted Motion for Temporary Restraining Order and Preliminary Injunction, #3 Redacted Reply in Support of Motion for Temporary Restraining Order and Preliminary Injunction)(Dore, Miranda) |
| Filing 33 Memorandum in Opposition re #4 Sealed MOTION REDACTED filed by International Business Machines Corporation. (Attachments: #1 Affidavit (REDACTED) Declaration, #2 Exhibit (REDACTED) A, #3 Exhibit (REDACTED) B, #4 Exhibit (REDACTED) C, #5 Exhibit (REDACTED) D, #6 Exhibit (REDACTED) E, #7 Affidavit (REDACTED) Declaration, #8 Exhibit (REDACTED) A)(Jackson, J.) |
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Filing 32
ORDER granting #30 Motion for Pro hac vice Appointed Samantha Block for Peraton Enterprise Solutions LLC. Signed by District Judge Leonie M. Brinkema on 4/8/2024. (swil)
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Filing 31
ORDER granting #29 Motion for Pro hac vice Appointed David Vondle for Peraton Enterprise Solutions LLC. Signed by District Judge Leonie M. Brinkema on 4/8/2024. (swil)
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| Filing 30 Motion to appear Pro Hac Vice by Samantha J. Block and Certification of Local Counsel Filing fee $ 75, receipt number AVAEDC-9459456. by Peraton Enterprise Solutions LLC. (Pierce, Anthony) |
| Filing 29 Motion to appear Pro Hac Vice by David C. Vondle and Certification of Local Counsel Filing fee $ 75, receipt number AVAEDC-9459436. by Peraton Enterprise Solutions LLC. (Pierce, Anthony) |
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Filing 28
SCHEDULING ORDER: Initial Pretrial Conference set for 5/1/2024 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. Final Pretrial Conference set for 9/19/2024 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. Discovery due by 9/13/2024. Signed by District Judge Leonie M. Brinkema on 4/5/2024. (Attachments: #1 Magistrate Consent, #2 Pretrial Notice)(dzir)
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Filing 27
For the reasons stated in open court, plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction #4 is DENIED, and it is hereby ORDERED that defendant file its Answer within fourteen (14) days from the date of this Order. Signed by District Judge Leonie M. Brinkema on 4/5/2024. (dzir)
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| Filing 26 Minute Entry for proceedings held before District Judge Leonie M. Brinkema: Motion Hearing held on 4/5/2024 re #4 Sealed MOTION filed by Peraton Enterprise Solutions LLC. Counsel appeared for Plaintiff and Defendant. Motion argued and denied. Counsel is directed to file an Answer within 14 days. The Court will issue a Scheduling Order following the hearing to enjoin the issue. Order to follow. (Court Reporter S. Austin)(dzir) |
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Filing 25
ORDERED that defendant's Motion for Leave to File Under Seal [Dkt. No. 14] is GRANTED IN PART and DENIED IN PART, and it is hereby ORDERED that defendant's Opposition to plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction and Attachments 1-8 [Dkt. No. 16] may be filed under seal with the understanding that defendant will promptly file redacted versions of each document. Signed by District Judge Leonie M. Brinkema on 4/5/2024. (Dest, )
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Filing 24
ORDER granting #1 MOTION to Seal. ORDERED that the following pleadings and exhibits may be filed under seal with the understanding that plaintiff will file redacted versions of each item as soon as practicable: Plaintiff's Complaint and Exhibits A-D; and Plaintiff's Motion for Temporary Restraining Orderand Preliminary Injunction, including the memorandum and exhibits in support thereof. Signed by District Judge Leonie M. Brinkema on 4/5/2024. (Dest)
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| Filing 23 Sealed Response/Reply/Opposition re #4 Sealed MOTION. (Attachments: #1 Exhibit 1)(Pierce, Anthony) |
| Filing 22 Notice of Under Seal Filing LCvR5 (B) by Peraton Enterprise Solutions LLC re #2 Notice of Filing Sealing Motion LCvR5(C) (Pierce, Anthony) |
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Filing 21
ORDER granting #13 Motion for Pro hac vice Appointed Krista Perry Heckmann for International Business Machines Corporation. Signed by District Judge Leonie M. Brinkema on 4/3/2024. (swil)
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Filing 20
ORDER granting #12 Motion for Pro hac vice Appointed Patrick Thomas Haney for International Business Machines Corporation. Signed by District Judge Leonie M. Brinkema on 4/3/2024. (swil)
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| Filing 19 NOTICE (Proposed Order) by International Business Machines Corporation re #14 MOTION to Seal (Jackson, J.) |
| Filing 18 Financial Interest Disclosure Statement (Local Rule 7.1) by International Business Machines Corporation. (Jackson, J.) |
| Filing 17 Memorandum in Support re #14 MOTION to Seal filed by International Business Machines Corporation. (Jackson, J.) |
| Filing 16 Sealed Response/Reply/Opposition re #14 MOTION to Seal . (Attachments: #1 Affidavit 1-SEALED Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Affidavit 2-SEALED Declaration, #8 Exhibit A)(Jackson, J.) |
| Filing 15 Notice of Under Seal Filing LCvR5 (B) by International Business Machines Corporation re #14 MOTION to Seal (Jackson, J.) |
| Filing 14 MOTION to Seal by International Business Machines Corporation. (Jackson, J.) |
| Filing 13 Motion to appear Pro Hac Vice by Krista Perry Heckmann and Certification of Local Counsel J. Andrew Jackson Filing fee $ 75, receipt number AVAEDC-9452893. by International Business Machines Corporation. (Jackson, J.) |
| Filing 12 Motion to appear Pro Hac Vice by Patrick T. Haney and Certification of Local Counsel J. Andrew Jackson Filing fee $ 75, receipt number AVAEDC-9452844. by International Business Machines Corporation. (Jackson, J.) |
| Filing 11 NOTICE of Appearance by J. Andrew Jackson on behalf of International Business Machines Corporation (Jackson, J.) |
| Filing 10 Summons Issued as to International Business Machines Corporation, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice to Attorney) (Dest). |
| Set Deadline as to #4 Sealed Motion for Temporary Restraining Order and Preliminary Injunction. Motion Hearing set for 4/5/2024 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (wgar, ) |
| Case Reassigned to District Judge Leonie M. Brinkema. District Judge Rossie D. Alston, Jr no longer assigned to the case. (jlan) |
| Initial Case Assignment to District Judge Rossie D. Alston, Jr and Magistrate Judge William E. Fitzpatrick. (Dest) |
| Filing 9 NOTICE of Appearance by Miranda Dore on behalf of Peraton Enterprise Solutions LLC (Dore, Miranda) |
| Filing 8 Notice of Hearing Date re Motion for Temporary Restraining Order and Preliminary Injunction set for 4/5/2024 re #4 Sealed Document, (Pierce, Anthony) |
| Filing 7 Financial Interest Disclosure Statement (Local Rule 7.1) by Peraton Enterprise Solutions LLC. (Pierce, Anthony) |
| Filing 6 Proposed Summons International Business Machines Corporation by Peraton Enterprise Solutions LLC. (Pierce, Anthony) |
| Filing 5 Memorandum in Support re #1 MOTION to Seal Complaint, Motion for Temporary Restraining Order and Preliminary Injunction, and Supporting Documents filed by Peraton Enterprise Solutions LLC. (Pierce, Anthony) |
| Filing 4 Under Seal Plaintiff's NOTICE and MOTION for Temporary Restraining Order and Preliminary Injunction in re #1 MOTION to Seal Motion for Temporary Restraining Order and Preliminary Injunction. (Attachments: #1 Memo in Support of Motion for TRO & PI, #2 Exhibit 1 - Declaration of William Mertz, #3 Proposed Order TRO, #4 Proposed Order PI)(Pierce, Anthony) |
| Filing 3 Under Seal COMPLAINT in re #1 MOTION to Seal Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet) (Pierce, Anthony) |
| Filing 2 Notice of Filing Sealing Motion LCvR5(C) by Peraton Enterprise Solutions LLC re #1 MOTION to Seal (Pierce, Anthony) |
| Filing 1 MOTION to Seal by Peraton Enterprise Solutions LLC. (Attachments: #1 Proposed Order)(Pierce, Anthony) |
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| Counter defendant: Peraton Enterprise Solutions LLC | |
| Represented By: | Anthony Tobias Pierce |
| Represented By: | Miranda Dore |
| Represented By: | David Vondle |
| Represented By: | Samantha Block |
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| Counter claimant: International Business Machines Corporation | |
| Represented By: | J. Andrew Jackson |
| Represented By: | James Ryan Sims |
| Represented By: | Krista Perry Heckmann |
| Represented By: | Patrick Thomas Haney |
| Represented By: | Ryan Patrick McGovern |
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