Garret et al v. Materia Group LLC et al
| David Garret and TLJ LLC |
| William Powell, John Motta, Materia Group Inc, Anthony Bergin, Joseph Motta, Derek Muller and Materia Group LLC |
| 2:2019cv01129 |
| July 20, 2019 |
| US District Court for the Western District of Washington |
| Barbara J Rothstein |
| Copyright |
| 17 U.S.C. § 101 |
| None |
Docket Report
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Filing 75
ORDER RE BREACH OF THE SETTLEMENT AGREEMENT: This Court finds that Materia Group, Inc. is in material breach of the Settlement Agreement and all sums are accelerated with a total amount due of $50,000.00 with a contractual non-payment fee of $200.00. Therefore, this Court enters judgment in favor of Plaintiffs, DAVID GARRET and TLJ, LLC, jointly and severally, in the amount of $ 50,200.00 with interest to run from the data of the breach on April 1, 2021. Signed by Judge Barbara J. Rothstein. (MW)
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| Filing 74 NOTICE of non opposition re #73 MOTION for Judgment Entry of Final Judgment for $ 50,200.00 ; filed by Plaintiffs David Garret, TLJ LLC. (Edmondson, Joseph) |
| Filing 73 MOTION for Judgment Entry of Final Judgment for $ 50,200.00, filed by Plaintiffs David Garret, TLJ LLC. (Attachments: #1 Exhibit Declaration of J. Curtis Edmondson and Exhibits 1-3, #2 Proposed Order Proposed Order, #3 Exhibit Final Judgment)(Edmondson, Joseph) |
| Filing 72 MINUTE ENTRY for proceedings held before Judge J Richard Creatura- Dep Clerk: K Miller; Pla Counsel: Joseph Curtis Edmondson; Def Counsel: Todd Wyatt; Time of Hearing: 10:00 AM; Session #: Zoom; In Court Hearing held on 4/2/2021 to memorialize provisions of settlement. Also present via Zoom from remote locations - Plaintiff David Garrett, Defendants Anthony Bergin, Joseph Motta, Derek Muller and Shane Boudreau. All parties agree with the summation of settlement placed on the record. (KAM) |
| Filing 71 NOTICE of Hearing: In-court Hearing set for 4/2/2021 at 10:00 AM via Zoom before Judge J Richard Creatura to memorialize settlement on the record at chamber's request. (KAM) |
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Filing 70
ORDER granting Parties' #69 Stipulated Motion to Stay Case: This matter is STAYED pending filing of a final stipulation of dismissal. The parties shall file the stipulation of dismissal within 10 days of finalization of the settlement, or submit a Joint Status Report within 28 days of the date of this order in the event settlement has not been finalized. Signed by Judge Barbara J. Rothstein.(MW)
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| Filing 69 Stipulated MOTION to stay in view of pending settlement, filed by Plaintiffs David Garret, TLJ LLC. (Edmondson, Joseph) |
| Filing 68 RESPONSE, by Plaintiffs David Garret, TLJ LLC, to #61 MOTIONS IN LIMINE . (Attachments: #1 Exhibit EX 1 - TLJ, LLC Powerpoint, #2 Exhibit EX 2 - Materia Press Release, #3 Exhibit EX 3 - IEEE Article, #4 Exhibit Declaration of Eric Fruits, #5 Exhibit Declaration of J. Curtis Edmondson)(Edmondson, Joseph) (Attachment 4 replaced to flatten malformed PDF on 3/4/2021) (JKMK). |
| Filing 67 Proposed Pretrial Order by Plaintiffs David Garret, TLJ LLC. (Attachments: #1 Exhibit Witness List, #2 Exhibit Plaintiffs Exhibit List, #3 Exhibit Defendants Exhibit List)(Edmondson, Joseph) |
| Filing 66 DECLARATION of Todd Wyatt filed by Defendants Anthony Bergin, Materia Group Inc, Materia Group LLC, Joseph Motta, Derek Muller re #55 MOTION Strike Trial Date (Wyatt, Todd) |
| Filing 65 REPLY, filed by Defendants Anthony Bergin, Materia Group Inc, Materia Group LLC, Joseph Motta, Derek Muller, TO RESPONSE to #55 MOTION Strike Trial Date (Wyatt, Todd) |
| Filing 64 Stipulated MOTION to extend the trial date of July 12, 2021, filed by Plaintiffs David Garret, TLJ LLC. (Attachments: #1 Exhibit Declaration of J. Curtis Edmondson, #2 Exhibit Declaration of Todd Wyatt, #3 Proposed Order PRoposed Order)(Edmondson, Joseph) |
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Filing 63
ORDER denying Plaintiffs' #44 Motion for Partial Summary Judgment. The Court GRANTS in part Defendant Bergin's Cross-Motion for Summary Judgment, dismissing Plaintiff TLJ's breach of contract claim. Signed by Judge Barbara J. Rothstein.(MW)
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| Filing 62 DECLARATION of Todd Wyatt filed by Defendants Anthony Bergin, Materia Group Inc, Materia Group LLC, Joseph Motta, Derek Muller re #61 MOTIONS IN LIMINE (Wyatt, Todd) |
| Filing 61 MOTIONS IN LIMINE , filed by Defendants Anthony Bergin, Materia Group Inc, Materia Group LLC, Joseph Motta, Derek Muller. (Attachments: #1 Proposed Order)(Wyatt, Todd) |
| Filing 60 RESPONSE, by Plaintiffs David Garret, TLJ LLC, to #55 MOTION Strike Trial Date . (Attachments: #1 Exhibit Decision on Julian Liu v. State Farm Mut. Auto. Ins. Co. 2:18-1862-BJR (W.D. Wash. 2020), #2 Exhibit Decision on Sutey, et. al vs. T26 Corporation, et. al., #3 Exhibit Email between Counsel Wyatt and Counsel Edmondson re Zoom Depositions)(Edmondson, Joseph) |
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Filing 59
MINUTE ORDER: Defendants have filed a Motion to Strike Trial Date. Acknowledging the time-sensitivity of this motion, the Court hereby accelerates the briefing schedule. Plaintiffs' Response shall be filed no later than February 24, 2021; Defendants shall file any Reply no later than February 26, 2021. Authorized by Judge Barbara J. Rothstein. (MW)
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| Filing 58 MOTIONS IN LIMINE #1-#4, filed by Plaintiffs David Garret, TLJ LLC. Oral Argument Requested. (Attachments: #1 Exhibit Declaration of J. Curtis Edmondson, #2 Exhibit Exhibit 1 in support of the Declaration, #3 Exhibit Exhibit 2 in support of the Declaration, #4 Exhibit Exhibit 3 in support of the Declaration, #5 Exhibit Exhibit 4 in support of the Declaration, #6 Proposed Order)(Edmondson, Joseph) |
| Filing 57 MOTION to Bifurcate Legal and Equitable causes of action, filed by Plaintiffs David Garret, TLJ LLC. Oral Argument Requested. (Attachments: #1 Exhibit Declaration of J. Curtis Edmondson, #2 Proposed Order Proposed Order)(Edmondson, Joseph) |
| Filing 56 DECLARATION of Todd Wyatt filed by Defendants Materia Group Inc, Materia Group LLC, Joseph Motta, Derek Muller re #55 MOTION Strike Trial Date (Wyatt, Todd) |
| Filing 55 MOTION Strike Trial Date , filed by Defendants Materia Group Inc, Materia Group LLC, Joseph Motta, Derek Muller. (Attachments: #1 Proposed Order)(Wyatt, Todd) |
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Filing 54
MINUTE ORDER: The Court is in receipt of email correspondence from counsel, requesting information regarding the scheduling of trial and pretrial dates in this matter. At this time, the Court does not intend to continue those dates. The trial and pretrial conference will be conducted by videoconference. Authorized by Judge Barbara J. Rothstein. (MW)
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| Filing 53 REPLY, filed by Plaintiffs David Garret, TLJ LLC, TO RESPONSE to #46 Joint Stipulated MOTION to extend deadlines, #44 MOTION for Summary Judgment Partial as against Anthony Bergin (Attachments: #1 Exhibit Declaation of J. Curtis Edmondson, #2 Exhibit Request for Judicial Notice)(Edmondson, Joseph) |
| Filing 52 DECLARATION of Anthony Bergin filed by Defendants Anthony Bergin, Materia Group Inc, Materia Group LLC, Joseph Motta, Derek Muller re #44 MOTION for Summary Judgment Partial as against Anthony Bergin (Wyatt, Todd) |
| Filing 51 RESPONSE, by Defendants Anthony Bergin, Materia Group Inc, Materia Group LLC, Joseph Motta, Derek Muller, to #44 MOTION for Summary Judgment Partial as against Anthony Bergin. (Wyatt, Todd) |
| Filing 50 MINUTE ENTRY for proceedings held before Judge J Richard Creatura- Dep Clerk: K Miller; Pla Counsel: Joseph Edmondson; Def Counsel: Todd Wyatt; Time of Hearing: 9:00 AM; Settlement Conference held on 12/11/2020 via Zoom. (KAM) |
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Filing 49
ORDER SETTING SETTLEMENT CONFERENCE: The settlement conference shall be held remotely on December 11, 2020, at 9:00 a.m. P.S.T. Instructions for participating will be sent to the parties separately. The parties are ORDERED to submit to this Court's chambers, but not file, a settlement memo no later than 4:30 p.m., December 4, 2020. Signed by Judge J Richard Creatura. (LH)
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Filing 48
MINUTE ORDER: Upon the request of counsel and the agreement of Magistrate Judge J. Richard Creatura, the Court hereby refers this matter to Judge Creatura for settlement purposes. Authorized by Judge Barbara J. Rothstein. (LH)
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Filing 47
ORDER granting Parties' #46 Stipulated Motion: The deadlines for filing both the response brief and the reply brief to Plaintiffs' motion for partial summary judgment, docket no. #44 , are extended by 30 days. Signed by Judge Barbara J. Rothstein.(MW)
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| Filing 46 Joint Stipulated MOTION to extend deadlines, filed by Defendant Materia Group Inc. Noting Date 11/9/2020, (Wyatt, Todd) |
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Filing 45
MINUTE ORDER: Pursuant to the Standing Order for Civil Cases Setting Trial Date, Related Dates, and Court Procedures ("Standing Order") [Dkt. No. #9 ], the Court HEREBY STRIKES the noting date for the Motion for Partial Summary Judgment [Dkt. No. #44 ]. Instead, pursuant to Section II.A. 3 of the Standing Order, the opposition to the motion is due twenty-one (21) days after the date on which the motion was filed and the reply is due fourteen (14) days after the opposition is filed. This Minute Order does not strike the motion; rather, it strikes the noting date. The Court will consider the motion upon the completion of briefing in accordance with the foregoing schedule. In the future, the Court expects the parties to comply with the terms of the Standing Order. Authorized by Judge Barbara J. Rothstein. (LH)
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| Filing 44 MOTION for Summary Judgment Partial as against Anthony Bergin, filed by Plaintiffs David Garret, TLJ LLC. Oral Argument Requested. (Attachments: #1 Proposed Order, #2 Exhibit Declaration of David Garret w Exhibits, #3 Exhibit Declaation of Karen Butler with Exhibits, #4 Exhibit Declaration of Ronald Butler with Exhibits, #5 Exhibit Declaration of J. Curtis Edmondson, #6 Exhibit Exhibits 1-6 in Support of the Declaration of J. Curtis Edmondson, #7 Exhibit Ex 7 to Declaration of J. Curtis Edmondson - Damages Expert Report, #8 Exhibit Supplement Damages Expert Report - Ex 8 in support of Declaration of J. Curtis Edmondson, #9 Exhibit Request for Judicial Notice - Opinion, #10 Certificate of Service) Noting Date 12/4/2020, (Edmondson, Joseph) Modified to strike noting date on 11/2/2020, per dkt. 45 (LH). |
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Filing 43
ORDER granting Parties' #42 Joint Motion to Dismiss Plaintiffs' Claims Against Defendant Powell. IT IS HEREBY ORDERED that all claims asserted by Plaintiffs against Defendant Powell are dismissed with prejudice and without an award of costs or attorneys' fees. Plaintiffs' claims against the remaining defendants-Material Group, LLC, Materia Group, Inc. Derek Muller, Anthony Bergin, and John Motta-remain pending. Signed by Judge Barbara J. Rothstein. (TH)
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| Filing 42 Joint MOTION to Dismiss Plaintiffs' Claims Against Defendant Powell, filed by Defendant William Powell. (Attachments: #1 Proposed Final Judgment Dismissing Claims)(Robbs Bilanko, Carolyn) |
| Filing 41 NOTICE of Settlement by Defendant William Powell (Hineline, Curt) |
| NOTE re : Document #40 . Appearance of attorneys Merryn DeBenedetti and Kellie Gronski is not proper, and notices of electronic filing will not be sent until corrected. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with #ECF Filing Procedures. (TH) |
| Filing 40 NOTICE of Appearance by attorney Todd W Wyatt on behalf of Defendants Anthony Bergin, Materia Group Inc, Materia Group LLC, Joseph Motta, Derek Muller. (Wyatt, Todd) |
| Filing 39 Mail addressed to Derek Muller returned as Undeliverable re #38 Order on Motion to Withdraw as Attorney (TH) |
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Filing 38
ORDER granting #36 Motion to Withdraw as Attorney. Michael T. Callan is hereby withdrawn from representing Defendants Materia Group LLC; Materia Group Inc.; Derek Muller; Anthony Bergin and Joseph Motta. Signed by Judge Barbara J. Rothstein. (TH) (cc: Defendant via USPS)
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| Filing 37 DECLARATION of Michael T. Callan filed by Defendants Anthony Bergin, Materia Group Inc, Materia Group LLC, Joseph Motta, Derek Muller re #36 MOTION to Withdraw as Attorney (Callan, Michael) |
| Filing 36 MOTION to Withdraw as Attorney , filed by Defendants Anthony Bergin, Materia Group Inc, Materia Group LLC, Joseph Motta, Derek Muller. (Attachments: #1 Proposed Order Proposed Order)(Callan, Michael) |
| Filing 35 ANSWER to #1 Complaint, by Joseph Motta.(Callan, Michael) |
| Filing 34 NOTICE of Change of Address/Change of Name of Attorney Joseph Curtis Edmondson. Filed by Plaintiffs David Garret, TLJ LLC. (Edmondson, Joseph) Changed firm address on 1/14/2020 (DS). |
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Filing 33
ORDER SETTING TRIAL DATE AND RELATED DATES; - Jury Trial is set for 3/29/2021 at 09:30 AM in Courtroom 16106 before Judge Barbara J. Rothstein. Joinder of Parties due by 2/4/2020, Amended Pleadings due by 2/14/2020, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 8/31/2020, Discovery completed by 9/30/2020, Dispositive motions due by 10/30/2020, Motions in Limine due by 2/22/2021, Joint Pretrial Statement due by 3/1/2021, Pretrial Conference set for 3/15/2021 at 11:00 AM in Courtroom 16106 before Judge Barbara J. Rothstein. (RM)
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| Filing 32 JOINT STATUS REPORT signed by all parties. (Edmondson, Joseph) |
| Filing 31 NOTICE of Appearance by attorney Michael T Callan on behalf of Defendant Joseph Motta. (Callan, Michael) |
| Filing 30 ANSWER to #1 Complaint, by Anthony Bergin.(Callan, Michael) |
| Filing 29 AFFIDAVIT of Service of Summons and Complaint on Joseph Motta on 9/30/2019, filed by Plaintiffs David Garret, TLJ LLC. (Edmondson, Joseph) Modified on 11/12/2019 to edit docket text (TH). |
| Filing 28 AFFIDAVIT of Service of Summons and Complaint on Anthony Bergin on 9/30/2019, filed by Plaintiffs David Garret, TLJ LLC. (Edmondson, Joseph) |
| Filing 27 NOTICE of Appearance by attorney Michael T Callan on behalf of Defendant Anthony Bergin. (Callan, Michael) |
| Set/Reset Deadlines: Joint Status Report due by 1/6/2020, (RM) |
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Filing 26
ORDER granting #11 motion for extension of time to serve all Defendants. Signed by Judge Barbara J. Rothstein. The Joint Status Report is due 1/6/2020. (RM)
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| Filing 25 ANSWER to #1 Complaint, by Derek Muller.(Callan, Michael) |
| Filing 24 NOTICE of Appearance by attorney Michael T Callan on behalf of Defendant Derek Muller. (Callan, Michael) |
| Filing 23 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Materia Group Inc, Materia Group LLC (Callan, Michael) |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Defendant(s) Materia Group LLC & Materia Group Inc. must file a Corporate Disclosure Statement by 10/9/2019. (RM) |
| Filing 22 JOINT STATUS REPORT signed by all parties (Edmondson, Joseph) |
| Filing 21 ANSWER to #1 Complaint, by Materia Group Inc, Materia Group LLC.(Callan, Michael) |
| Filing 20 AFFIDAVIT of Service of Summons and Complaint on Derek Muller on 9/17/2019, filed by Plaintiffs David Garret, TLJ LLC. (Edmondson, Joseph) |
| Filing 19 ANSWER to #1 Complaint, by William Powell.(Bilanko, Carolyn) |
| Filing 18 RESPONSE, by Defendants Materia Group Inc, Materia Group LLC, William Powell, to #11 MOTION for Extension of Time to serve remaining defendants. (Bilanko, Carolyn) |
| Filing 17 NOTICE of Appearance by attorney Michael T Callan on behalf of Defendants Materia Group Inc, Materia Group LLC. (Callan, Michael) |
| Filing 16 NOTICE of Appearance by attorney Curt Roy Hineline on behalf of Defendant William Powell. (Hineline, Curt) |
| Filing 15 Summons(es) Electronically Issued as to defendant(s) Anthony Bergin (MW) |
| Attorney Carolyn Robbs Bilanko for William Powell added; per #16 Notice of Appearance. (MW) |
| Filing 14 PRAECIPE TO ISSUE SUMMONS re #1 Complaint, for Anthony Bergin by Plaintiffs David Garret, TLJ LLC (Attachments: #1 Summons)(Edmondson, Joseph) |
| Filing 13 AFFIDAVIT of Service of Summons and Complaint on William Powell on 9/3/2019, filed by Plaintiff David Garret. (Edmondson, Joseph) |
| Filing 12 AFFIDAVIT of Service of Summons and Complaint on Materia Group, LLC on 9/3/2019, filed by Plaintiff David Garret. (Edmondson, Joseph) |
| Filing 11 MOTION for Extension of Time to serve remaining defendants, filed by Plaintiff David Garret. (Attachments: #1 Exhibit Declaration of J. Curtis Edmondson, #2 Proposed Order Proposed Order) Noting Date 9/16/2019, (Edmondson, Joseph) |
| Filing 10 AFFIDAVIT of Service of Summons and Complaint on Materia Group, Inc. on 8/29/2019, filed by Plaintiff David Garret. (Edmondson, Joseph) |
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Filing 9
STANDING ORDER FOR CIVIL CASES. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. Signed by Judge Barbara J. Rothstein. (RM)
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Filing 8
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 10/1/2019, FRCP 26f Conference Deadline is 9/17/2019, Initial Disclosure Deadline is 9/24/2019, by Judge Barbara J. Rothstein. (RM)
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| Filing 7 Summons(es) Electronically Issued as to defendant(s) Materia Group LLC (Main Document), Materia Group Inc, Derek Muller, William Powell, John Motta, Joseph Motta (Attachments: #1 Summons issued as to Materia Group Inc, #2 Summons issued as to Derek Muller, #3 Summons issued as to William Powell, #4 Summons issued as to John Motta, #5 Summons issued as to Joseph Motta) (TH) |
| Filing 6 PRAECIPE TO ISSUE SUMMONS re #1 Complaint, by Plaintiffs David Garret, TLJ LLC (Attachments: #1 Summons Unendorsed John Motta, #2 Summons Unendorsed Joseph Motta, #3 Summons Unendorsed Derek Muller, #4 Summons Undorsed Materia Group Inc, #5 Summons Unendorsed Material Group LLC, #6 Summons Unendorsed Willam Powell)(Edmondson, Joseph) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by David Garret (Edmondson, Joseph) |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff(s) must file a Corporate Disclosure Statement by 7/31/2019. (SNP) |
| Filing 4 REPORT on the filing or determination of an action. Emailed to the US Patent Office (SNP) |
| Filing 3 REPORT on the filing or determination of an action. Mailed to the US Copyright Office (SNP) |
| Filing 2 NOTICE TO FILER: re #1 Complaint,. Notice of Filing Deficiency** Action Required ** See Attached Letter for More Information and Instructions. (SNP) |
| Judge Barbara J. Rothstein added. (SNP) |
| Filing 1 COMPLAINT against All Defendants with JURY DEMAND (Receipt # 0981-5853283) Attorney Joseph Curtis Edmondson added to party David Garret(pty:pla), Attorney Joseph Curtis Edmondson added to party TLJ, LLC(pty:pla), filed by David Garret, TLJ, LLC. (Attachments: #1 Civil Cover Sheet, #2 Report on Patents and Trademarks (AO Form 120), #3 Report on Copyrights (AO Form 121))(Edmondson, Joseph) |
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