PalatiumCare Inc v. Notify LLC et al
| PalatiumCare Inc and PalCare |
| Notify LLC and Lucas Narbatovics |
| United States of America |
| 2:2022cv00217 |
| February 22, 2022 |
| US District Court for the Eastern District of Wisconsin |
| J P Stadtmueller |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| Both |
Docket Report
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TEXT ONLY ORDER signed by Judge J P Stadtmueller on 8/25/2023. Upon consideration of #103 the parties' joint proposed briefing schedule, the Court ADOPTS the briefing schedule in part as follows. On #27 Plaintiff's motion for sanctions, Plaintiff's supplemental brief in support thereof shall be due on or before 9/29/2023 and shall not exceed fifteen (15) pages; Defendants' supplemental response shall be due on or before 10/13/23 and shall not exceed fifteen (15) pages. On #101 the response of the Register of Copyrights, the parties shall brief the following issues: (1) whether the Court should advise the U.S. Copyright Office that Plaintiff's supplementary registration applications can proceed despite the pendency of this litigation; (2) if the Court does so, whether it should find that the errors in the original registrations were material and what date it should deem to be the effective date of the amended registrations. Plaintiff shall submit a brief on these issues, not to exceed fifteen (15) pages, on or before 10/13/2023. Defendants shall submit a brief on these issues, not to exceed fifteen (15) pages, on or before 10/27/2023. Plaintiff shall submit its reply brief, if any, not to exceed ten (10) pages, on or before 11/3/2023. The Court will not formally adopt the parties' stipulated date for closure of expert discovery; the parties remain free to modify this date. The Court will determine dates for summary judgment, pretrial filings, and trial as appropriate upon resolution of the above-referenced motions. (cc: all counsel) (cw)
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| Filing 103 JOINT PROPOSED Scheduling Order filed by PalatiumCare Inc. (Spahn, Brian) Modified on 8/17/2023 (bx). |
| Filing 102 Minute Entry for proceedings held before Judge J P Stadtmueller: Status Conference held on 7/21/2023. (Court Reporter Sue Armbruster) (cw) |
| NOTICE OF HEARING: Counsel-Only Status Conference set for 7/21/2023 at 9:45 AM by Telephone before Judge J P Stadtmueller. The Court will initiate the call; counsel shall notify chambers at 414-297-1102 of the direct telephone number at which they may be reached no later than 12:00 PM on the day prior to the hearing. (cc: all counsel) (cw) |
| Filing 101 RESPONSE filed by United States of America re #99 Order on Motion to clarify, #95 Order on Motion for Referral,,, Order on Motion to Seal Document,,, Order on Motion for Leave to File,,,,, (Larsen, Christian) |
| Filing 100 NOTICE of Appearance by Christian R Larsen on behalf of United States of America. Attorney(s) appearing: Chris R. Larsen (Larsen, Christian) |
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Filing 99
ORDER signed by Judge J P Stadtmueller on 5/1/2023 GRANTING #96 Plaintiff's Motion to Clarify. #95 Court's Order Requesting Opinion from Register of Copyrights is CLARIFIED as provided. See Order. (cc: all counsel, via email to Register of Copyrights)(jm)
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| Filing 98 BRIEF in Opposition filed by All Defendants re #96 Rule 7(h) Expedited Non-Dispositive MOTION to Clarify April 13, 2023 Order . (Galster, Garet) |
| Filing 97 DECLARATION of Brian C. Spahn Certifying Meet-And- Confer re Motion for Clarification of April 13, 2023 Order (Attachments: #1 Exhibit A - Email Chain)(Spahn, Brian) |
| Filing 96 Rule 7(h) Expedited Non-Dispositive MOTION to Clarify April 13, 2023 Order by PalatiumCare Inc. (Attachments: #1 Text of Proposed Order)(Spahn, Brian) |
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Filing 95
ORDER signed by Judge J P Stadtmueller on 4/13/2023. #35 Defendants' Motion for Referral to Register of Copyrights is GRANTED in part and DENIED in part. Court REQUESTS that the Register of Copyrights render an opinion on two specified questions within 90 days. #91 Plaintiff's Motion for Leave to File Sur-Reply is GRANTED. #85 Defendants' Motion to Restrict is GRANTED. #94 Plaintiff's Motion for Leave to File Notice of Copyright Office Action is DENIED as moot. See Order. (cc: all counsel, via email to Register of Copyrights)(jm)
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| Filing 94 Rule 7(h) Expedited Non-Dispositive MOTION for Leave to File Notice by PalatiumCare Inc. (Attachments: #1 Exhibit 1 - Notice of Copyright Office Action, #2 Exhibit A to Notice of Copyright Action - 3/28/2023 email from Copyright Office, #3 Exhibit B to Notice of Copyright Action - Copyright Office's Response)(Spahn, Brian) |
| Filing 93 BRIEF in Opposition filed by Lucas Narbatovics, Notify LLC re #91 Expedited MOTION for Leave to File Sur-Reply to Defendants' Motion for Referral to Register of Copyrights . (Galster, Garet) |
| Filing 92 DECLARATION of Brian C. Spahn in Support of Plaintiff's Expedited Motion for Leave to File Sur-Reply to Defendants' Motion for Referral to Register of Copyrights (Spahn, Brian) |
| Filing 91 Expedited MOTION for Leave to File Sur-Reply to Defendants' Motion for Referral to Register of Copyrights by PalatiumCare Inc. (Attachments: #1 Exhibit A - Plaintiff's Proposed Sur-Reply)(Spahn, Brian) |
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TEXT ONLY ORDER signed by Judge J.P. Stadtmueller on 3/17/2023. Upon consideration of #86 Plaintiff's motion to compel production of Defendant Lucas Narbatovics's MacBook Pro, together with #89 Defendants' opposition, the motion is GRANTED in part. The Court said what it meant and meant what it said when it previously instructed Defendants to turn over the laptop. ECF No. 80 at 17. Defendants shall turn over Defendant Lucas Narbatovics's MacBook Pro to Plaintiffs within three (3) calendar days of the date of this Order. However, Plaintiff's request for an award of expenses and attorneys' fees incurred in bringing the motion to compel is DENIED. (cc: all counsel) (cw)
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| Filing 90 DECLARATION of Andrew Muller in opposition to Plaintiff's Expedited Motion to Compel. (Attachments: #1 PalCare's Motion to Compel - State Action, #2 Defendants' Response to PalCare's Motion to Compel - State Action, #3 Excerpts from Hearing on PalCare's Motion to Compel - State Action)(Larson, Joseph) |
| Filing 89 RESPONSE to Motion filed by All Defendants re #86 Expedited MOTION to Compel Production of Defendant Lucas Narbatovics' MacBook Pro . (Larson, Joseph) |
| Filing 88 CERTIFICATE by PalatiumCare Inc Plaintiff's Certification to Expedited Motion to Compel Production of Defendant Lucas Narbatovics' MacBook Pro (Spahn, Brian) |
| Filing 87 DECLARATION of Brian C. Spahn in Support of Plaintiff's Expedited Motion to Compel Production of Defendant Plaintiff Lucas Narbatovic's MacBook Pro (Attachments: #1 Exhibit A - Excerpts of Transcript from 2-28-23 Final Pretrial Conference, #2 Exhibit B - 2-28-23 email exchange re production of MacBook Pro, #3 Exhibit C -3-10-23 email exchange re production of MacBook Pro, #4 Exhibit D - 3-13-23 email follow up re production of MacBook Pro, #5 Exhibit E - 3-13-23 email exchange re meet and confer, #6 Exhibit F - 9-26-22 Circuit Court Order, #7 Exhibit G - 5-4-21 Requests for Production, #8 Exhibit H - 6-4-21 Objections to Requests for Production)(Spahn, Brian) Modified on 3/16/2023 (lz). |
| Filing 86 Expedited MOTION to Compel Production of Defendant Lucas Narbatovics' MacBook Pro by PalatiumCare Inc. (Spahn, Brian) |
| Filing 85 Unopposed MOTION to Restrict Document by Lucas Narbatovics, Notify LLC. (Attachments: #1 Unredacted Reply Brief Dkt. 81, #2 Unredacted Galster Exhibit A - Geimer Deposition)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Galster, Garet) |
| Filing 84 DECLARATION of Jordan A. Liff (Galster, Garet) |
| Filing 83 DECLARATION of Tian Zhao (Attachments: #1 Exhibit A - Zhao CV, #2 Exhibit B - Copyright Office Deposit Covers, First & Last)(Galster, Garet) |
| Filing 82 DECLARATION of Garet K. Galster (Attachments: #1 Exhibit A - Geimer Deposition Excerpts FILED RESTRICTED, #2 Exhibit B - Narbatovics TRO Hearing Testimony, #3 Exhibit C - 220930 Notify Interrogatories)(Galster, Garet) |
| Filing 81 REPLY BRIEF in Support filed by Lucas Narbatovics, Notify LLC re #35 MOTION for Referral to Register of Copyrights in Support of Motion for Referral. (Galster, Garet) |
| Filing 80 TRANSCRIPT of Final Pretrial Conference held on February 28, 2023 before Judge JP Stadtmueller Court Reporter/Transcriber Susan Armbruster, Contact at 414-290-2641. Transcripts may be purchased using the Transcript Order Form found #on our website or viewed at the court public terminal. NOTICE RE REDACTION OF TRANSCRIPTS: If necessary, within 7 business days each party shall inform the Court of their intent to redact personal identifiers by filing a Notice of Intent to Redact. Please read the policy located on our website # www.wied.uscourts.gov Redaction Statement due 4/3/2023. Redacted Transcript Deadline set for 4/13/2023. Release of Transcript Restriction set for 6/9/2023. (Armbruster, Susan) |
| Filing 79 Minute Entry for proceedings held before Judge J.P. Stadtmueller: Final Pretrial Conference held on 2/28/2023. The motions to restrict at ECF Nos. #45 , #53 , #59 are GRANTED; the documents that are the subject of those motions will remain restricted. Defendants' #44 expedited motion to exclude the testimony of Joseph Hasenstein pursuant to Fed. R. Civ. P. 37 is DENIED. Defendants' #46 motion to exclude the testimony of Joseph Hasenstein pursuant to Fed. R. Evid. 702 is DENIED. The Jury Trial originally scheduled to begin on 3/6/2023 is CANCELLED and will be rescheduled at a later date. See Minutes. (Court Reporter Sue Armbruster) (cw) |
| Filing 78 DECLARATION of Brian C. Spahn in Support of PalCare's Motion for Spoliation Sanctions (Attachments: #1 Exhibit I - Excerpts from July 16, 2021 Hearing Transcript)(Spahn, Brian) |
| Filing 77 Supplemental AFFIDAVIT of Andrew Muller in support of Defendants' Motion to Exclude Plaintiff's Expert Reports and Declaration. (Attachments: #1 Innovasafe Agreement, #2 SafeDeposit Confirmation Ticket 10-31-22, #3 Ong email 12-2-22, #4 Muller email 12-6-22, #5 SafeDeposit Confirmation Ticket 2-9-22, #6 Galster/Stulman emails)(Larson, Joseph) |
| Filing 76 REPLY BRIEF in Support filed by All Defendants re #39 MOTION to Exclude Plaintiff's Expert Reports and Declaration . (Larson, Joseph) |
| Filing 75 DECLARATION of Brian C. Spahn in Support of Plaintiff's Opposition to Defendants' Rule 37 Motion to Exclude Plaintiff's Expert Reports (Attachments: #1 Exhibit A - Defendants' Preliminary Expert Disclosure, #2 Exhibit B - Plaintiff's First Set of RFPs, #3 Exhibit C - Plaintiff's First Set of Interrogatories, #4 Exhibit D - 7-1-2022 email from G. Galster, #5 Exhibit E - 7-12-2022 email from B. Spahn, #6 Exhibit F - Defendants' Responses to First Set of RFPs, #7 Exhibit G - 9-13-2022 email from A. Muller, #8 Exhibit H - 9-15-2022 email from A. Muller, #9 Exhibit I - 9-20-2022 email from J. Stulman, #10 Exhibit J - 9-21-2022 email from A. Muller, #11 Exhibit K - 10-5-2022 email from A. Ong, #12 Exhibit L - 10-27-2022 email from B. Spahn, #13 Exhibit M - 10-20-2022 email from A. Ong, #14 Exhibit N - 10-21-2022 email from A. Ong, #15 Exhibit O - InnovaSafe Notification of Notify Deposit, #16 Exhibit P - 11-10-2022 email from J. Stulman, #17 Exhibit Q - 10-28-2022 email from A. Muller, #18 Exhibit R - 11-9-2022 email from A. Ong, #19 Exhibit S - 12-12-2022 email from J. Stulman, #20 Exhibit T - 2-8-2023 email from A. Ong, #21 Exhibit U - 1-25-2023 email from J. Larson, #22 Exhibit V - 5-21-2022 email from B. Spahn, #23 Exhibit W - Erik Thompson Affidavit, #24 Exhibit X - 2-2-2023 email from B. Spahn, #25 Exhibit Y - 2-14-2023 email from A. Ong, #26 Exhibit Z - 2-16-2023 email from J. Larson, #27 Exhibit AA - 2-22-2023 email from A. Ong, #28 Exhibit BB - 12-6-2022 email from A. Muller, #29 Exhibit CC - 10-21-2022 email from A. Muller, #30 Exhibit DD - 10-12-2022 email from A. Ong)(Spahn, Brian) |
| Filing 74 BRIEF in Opposition filed by PalatiumCare Inc re #39 MOTION to Exclude Plaintiff's Expert Reports and Declaration . (Spahn, Brian) |
| Filing 73 DECLARATION of Brian Spahn in Support of Plaintiff's Opposition to Defendants' Motion to Exclude the Expert Report of J.O. Mellor, Ph.D. and Related Testimony (Attachments: #1 Exhibit A - E-Mail Exchange with Defendants' Counsel Ending on January 25, 2023, #2 Exhibit B - E-Mail Exchange with Defendants' Counsel That Includes January 26, 2023 E-Mail Referencing Expert Depositions and Opposing Counsel's January 27, 2023 E-Mail Response Acknowledging the Need to Discuss Expert Issues, #3 Exhibit C - E-Mail Dated February 3, 2023 Sent to Defendants' Counsel Summarizing Parties' Meet and Confer Call)(Spahn, Brian) |
| Filing 72 BRIEF in Opposition filed by PalatiumCare Inc re #50 MOTION to Exclude Report and Testimony of Dr. Mellor . (Spahn, Brian) |
| Filing 71 DECLARATION of Brian Spahn (Attachments: #1 Exhibit A - Hasenstein Deposition Excerpts, #2 Exhibit B - Copies of Certificates Received by Joe Hasenstein from CompTIA, #3 Exhibit C - Copies of Certificates Received by Joe Hasenstein from Microsoft)(Spahn, Brian) |
| Filing 70 BRIEF in Opposition filed by PalatiumCare Inc re #46 MOTION to Exclude Any Expert Testimony by Joseph Hasenstein . (Spahn, Brian) |
| Filing 69 DECLARATION of Brian Spahn (Attachments: #1 Text of Proposed Order Geimer Deposition Excerpts, #2 Text of Proposed Order Employee Confidentiality, Shop Rights and Noncompetition Agreement PALCARE 003501, #3 Text of Proposed Order Employee Confidentiality, Shop Rights and Noncompetition Agreement PALCARE 003502, #4 Text of Proposed Order Confidentiality Agreement PALCARE 003475, #5 Text of Proposed Order E-Mail Between Tod Geimer and Greg Lawler, #6 Text of Proposed Order Hasenstein Deposition Excerpts)(Spahn, Brian) |
| Filing 68 BRIEF in Opposition filed by PalatiumCare Inc re #35 MOTION for Referral to Register of Copyrights . (Spahn, Brian) |
| Filing 67 REPLY BRIEF in Support filed by PalatiumCare Inc re #27 MOTION for Sanctions - Spoliation . (Spahn, Brian) |
| Filing 66 NOTICE of Appearance by Jing Wang on behalf of PalatiumCare Inc. Attorney(s) appearing: Jing Wang (Wang, Jing) |
| Filing 65 NOTICE of Appearance by Eric Y Su on behalf of PalatiumCare Inc. Attorney(s) appearing: Eric Su (Su, Eric) |
| Filing 64 NOTICE of Appearance by Sharon R Smith on behalf of PalatiumCare Inc. Attorney(s) appearing: Sharon Smith (Smith, Sharon) |
| Filing 63 DECLARATION of Brian C. Spahn in Support of Opposition to Defendants' Rule 7(H) Motion to Exclude Experpt Testimony (dkt. 44) (Attachments: #1 Exhibit A - Excerpts from July 16, 2021 Hearing, #2 Exhibit B - Excerpts from November 2, 2022 Deposition of Lucas Narbatovics, #3 Exhibit C - Excerpts from April 29, 2021 Hearing)(Spahn, Brian) |
| Filing 62 BRIEF in Opposition filed by PalatiumCare Inc re #44 Rule 7(h) Expedited Non-Dispositive MOTION to Exclude Joseph Hasenstein as an Expert Witness . (Spahn, Brian) |
| Filing 61 FINAL JOINT PRETRIAL REPORT by PalatiumCare Inc. (Spahn, Brian) (Attachment added on 2/28/2023: #1 Letter of Transmittal: FPT and Joint Trial Exhibits on 3 Flash Drives. (kwb). The 3 Flash Drives are maintained in JPS chambers. Modified on 6/1/2023. (kwb). |
| Filing 60 Report from expert John Phillip Mellor, Ph.D. (to replace Exhibit H to February 17, 2023 Declaration of Brian Spahn). This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Spahn, Brian) |
| Filing 59 Unopposed MOTION to Restrict Document and Substitute Exhibit H to the February 17, 2023 Declaration of Brian Spahn by PalatiumCare Inc. (Attachments: #1 Text of Proposed Order)(Spahn, Brian) |
| Filing 58 AFFIDAVIT of Andrew Muller in opposition to Plaintiff's Motion for Spoliation Sanctions. (Attachments: #1 Ex 1 - PalCare Motion for TRO - State Court Case, #2 Ex 2 - Excerpt from Patnode deposition, #3 Ex 3 - Excerpts from TRO Hearing Transcripts, #4 Ex 4 - Excerpts from Schuler deposition, #5 Ex 5 - Inventory exemplar - Narbatovics hard drives, #6 Ex 6 - Excerpts from Hasenstein deposition)(Larson, Joseph) |
| Filing 57 RESPONSE to Motion filed by All Defendants re #27 MOTION for Sanctions - Spoliation . (Larson, Joseph) |
| Filing 56 DECLARATION of Brian C. Spahn regarding the Parties' Motions In Limine (Attachments: #1 Exhibit A - Defendants Initial Disclosures, #2 Exhibit B - Defendants Witness List, #3 Exhibit C - Summons and Complaint, #4 Exhibit D - April 6, 2021 Email, #5 Exhibit E - Excerpts from Lucas Narbatovics 11/02/2022 Deposition Transcript, #6 Exhibit F - Excerpts from Casey Schuler Deposition Transcript, #7 Exhibit G - Emails re Damage Documents, #8 Exhibit H - RESTRICTED Mellor Report Excerpts, #9 Exhibit I - Defendants Third Set of Requests for Production, #10 Exhibit J - Registration Information for Pal Base 3 version 3.1.50, #11 Exhibit K - Registration Information for Device Test Suite, #12 Exhibit L - Litigation Statement Forms, #13 Exhibit M - Excerpts from Joseph Hasenstein Deposition Transcript, #14 Exhibit N - Plaintiffs Initial Disclosures, #15 Exhibit O - Plaintiffs Responses to Requests for Production, #16 Exhibit P - Plaintiffs Responses to Defendants First Set of Interrogatories, #17 Exhibit Q - Plaintiffs Responses to Defendants Second Set of Requests for Production, #18 Exhibit R - Plaintiffs Initial Expert Disclosures, #19 Exhibit S - Plaintiffs Responses to Narbatovics First Set of Interrogatories, #20 Exhibit T - Declaration of Garet Galster, #21 Exhibit T1 - Deposition Transcript of Lucas Narbatovics)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Spahn, Brian) |
| Filing 55 Joint MOTION in Limine with Support and Opposing Memoranda by PalatiumCare Inc. (Spahn, Brian) |
| Filing 54 CERTIFICATE by All Defendants of Meet and Confer Requirements re: Dkt. 50 (Galster, Garet) |
| Filing 53 MOTION to Restrict Document re: 52 by All Defendants. (Galster, Garet) |
| Filing 52 BRIEF in Support filed by All Defendants re #50 MOTION to Exclude Report and Testimony of Dr. Mellor . This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Galster, Garet) |
| Filing 51 REDACTED BRIEF in Support filed by All Defendants re #50 MOTION to Exclude Report and Testimony of Dr. Mellor . (Attachments: #1 Exhibit A - PalCare Interrogatory Responses, #2 Unpublished Authority - Datacarrier, #3 Unpublished Authority - Ecimos, #4 Unpublished Authority - Nikish)(Galster, Garet) |
| Filing 50 MOTION to Exclude Report and Testimony of Dr. Mellor by All Defendants. (Galster, Garet) |
| Filing 49 CERTIFICATE by All Defendants of Meet and Confer Requirements re: Dkt. 46 (Galster, Garet) |
| Filing 48 DECLARATION of Andrew Muller in Support of Daubert Motion re: Hasenstein (Attachments: #1 Exhibit 1 - Hasenstein Deposition Excerpts)(Galster, Garet) |
| Filing 47 BRIEF in Support filed by All Defendants re #46 MOTION to Exclude Any Expert Testimony by Joseph Hasenstein . (Galster, Garet) |
| Filing 46 MOTION to Exclude Any Expert Testimony by Joseph Hasenstein by All Defendants. (Galster, Garet) |
| Filing 45 Unopposed MOTION to Restrict Document Exhibit H to the Declaration of Brian C. Spahn by PalatiumCare Inc. (Attachments: #1 Text of Proposed Order)(Spahn, Brian) |
| Filing 44 Rule 7(h) Expedited Non-Dispositive MOTION to Exclude Joseph Hasenstein as an Expert Witness by All Defendants. (Larson, Joseph) |
| Filing 43 Report from PalatiumCare, Inc. Final Settlement Report. This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Spahn, Brian) |
| Filing 42 CERTIFICATE by All Defendants Defendants' Motion to Exclude Plaintiff's Expert Reports and Declaration (Larson, Joseph) |
| Filing 41 DECLARATION of Andrew Muller in support of Motion to Exclude Plaintiff's Expert Reports and Declaration (Attachments: #1 Spahn Email 12-6-22, #2 PalCare Preliminary Expert Disclosures, #3 Muller Email 2-2-23, #4 Spahn Email 2-2-23, #5 Spahn Email 2-3-23, #6 Ong Email 2-3-23)(Larson, Joseph) |
| Filing 40 BRIEF in Support filed by All Defendants re #39 MOTION to Exclude Plaintiff's Expert Reports and Declaration . (Larson, Joseph) |
| Filing 39 MOTION to Exclude Plaintiff's Expert Reports and Declaration by All Defendants. (Larson, Joseph) |
| Filing 38 DECLARATION of Lucas Narbatovics in Support of Motion for Referral (Galster, Garet) |
| Filing 37 DECLARATION of Garet K. Galster in Support of Motion for Referral (Galster, Garet) |
| Filing 36 BRIEF in Support filed by All Defendants re #35 MOTION for Referral to Register of Copyrights . (Attachments: #1 Exhibit A - Copyright Registrations, #2 Exhibit B - PalCare Notify RFA Responses, #3 Exhibit C - PalCare Notify ROG Responses, #4 Exhibit D - PalCare LN ROG Responses, #5 Exhibit E - PalCare 2nd RFA Responses)(Galster, Garet) |
| Filing 35 MOTION for Referral to Register of Copyrights by Lucas Narbatovics, Notify LLC. (Galster, Garet) |
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TEXT ONLY ORDER signed by Judge J.P. Stadtmueller on 2/6/2023. Upon consideration of #32 Defendants expedited motion for a Rule 26 protective order, the motion is DENIED. The #19 Trial Scheduling Order does not include a discovery cutoff date for the Court to enforce; Plaintiffs subpoena is therefore not untimely and the witness should attend his deposition as noticed. (cc: all counsel) (cw)
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| Filing 34 Rule 7(h) Expedited Non-Dispositive MOTION for Protective Order R37 Certification by All Defendants. (Larson, Joseph) |
| Filing 33 Rule 7(h) Expedited Non-Dispositive MOTION for Protective Order by All Defendants. (Attachments: #1 Ex 1 - PalCare's R26 Initial Disclosures, #2 EX 2 - Defendants' R26 Initial Disclosures, #3 EX 3 - Notice of 3rd Party Subpoena, #4 EX 4 - Notice of Deposition, #5 EX 5 - PalCare's Supplemental R26 Disclosures)(Larson, Joseph) |
| Filing 32 Rule 7(h) Expedited Non-Dispositive MOTION for Protective Order by All Defendants. (Larson, Joseph) |
| Filing 31 STATEMENT by PalatiumCare Inc Certification of Meet and Confer. (Spahn, Brian) |
| Filing 30 DECLARATION of Erik Thompson in Support of PalatiumCare's Motion for Spoliation Sanctions (Attachments: #1 Exhibit A - Thompson CV, #2 Exhibit B - 04-16-2021 Affidavit of Lucas Narbatovics, #3 Exhibit C - Excerpts from Lucas Narbatovics 11-2-2022 deposition, #4 Exhibit D - Excerpts from Craig Patnode 01-19-2023 deposition)(Spahn, Brian) |
| Filing 29 DECLARATION of Brian C. Spahn in Support of PalatiumCare's Motion for Spoliation Sanctions (Attachments: #1 Exhibit A - Excerpts from Lucas Narbatovics 11-2-2022 deposition, #2 Exhibit B - Excerpts from Craig Patnode 01-19-2023 deposition, #3 Exhibit C - 04-29-2021 TRO Hearing Transcript, #4 Exhibit D - Sheboygan County Summons and Complaint, #5 Exhibit E - 04-16-2021 Affidavit of Lucas Narbatovics, #6 Exhibit F - 04-16-2021 1:24 p.m. Email from Patnode, #7 Exhibit G - 04-16-2021 2:17 p.m. Email from Patnode, #8 Exhibit H - 04-07-2021 Email from Narbatovics)(Spahn, Brian) |
| Filing 28 BRIEF in Support filed by PalatiumCare Inc re #27 MOTION for Sanctions - Spoliation . (Spahn, Brian) |
| Filing 27 MOTION for Sanctions - Spoliation by PalatiumCare Inc. (Spahn, Brian) |
| Filing 26 Interim Settlement Report from Defendants Notify and Narbatovics . This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Larson, Joseph) |
| Filing 25 Interim Settlement Report from PalatiumCare, Inc. . This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Spahn, Brian) |
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TEXT ONLY ORDER signed by Judge J.P. Stadtmueller on 12/12/2022. Upon consideration of #23 Defendant Notify LLC's motion to extend the #19 operative Trial Scheduling Order, the motion is DENIED. While the Court recognizes the demands of caregiving on Defendants attorney Andrew Muller, the fact that Defendant has five attorneys of record demonstrates to the Court that a modification of the trial schedule is not necessary at this juncture. The dates in the Trial Scheduling Order will remain as originally scheduled. (cc: all counsel) (cw)
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| Filing 24 DECLARATION of Andrew P. Muller In Support of Defendant's Expedited Motion for 90 day Extension of Trial Scheduling Order (Larson, Joseph) |
| Filing 23 Expedited MOTION for Extension of Time of the Trial Scheduling Order by Notify LLC. (Larson, Joseph) |
| Filing 22 NOTICE of Appearance by Andrew Muller on behalf of All Defendants. Attorney(s) appearing: Andrew P. Muller (Muller, Andrew) |
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Filing 21
PROTECTIVE ORDER signed by Judge J P Stadtmueller on 8/25/2022: GRANTING #20 Parties' Joint Motion for Protective Order and SPECIFYING the terms as modified for confidential information produced or disclosed during this matter. See Order. (cc: all counsel)(jm)
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| Filing 20 Joint MOTION for Protective Order by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Spahn, Brian) |
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Filing 19
TRIAL SCHEDULING ORDER signed by Judge J.P. Stadtmueller on 6/7/2022. Interim Settlement Report due by 12/12/2022; Dispositive Motions due by 12/15/2022; Final Settlement Report due by 2/15/2023; Motions in Limine and Rule 702 Motions due by 2/17/2023; Final/Joint Pretrial Report due by 2:00 PM on 2/22/2023. Final Pretrial Conference set for 2/28/2023 at 8:30 AM in Courtroom 425, 517 E. Wisconsin Ave., Milwaukee, WI before Judge J.P. Stadtmueller. Jury Trial set for 3/6/2023 at 8:30 AM in Courtroom 425, 517 E. Wisconsin Ave., Milwaukee, WI before Judge J.P. Stadtmueller. See Order. (cc: all counsel) (ats)
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| Filing 18 Joint REPORT of Rule 26(f) Plan by PalatiumCare Inc. (Attachments: #1 Joint ESI Protocols)(Spahn, Brian) |
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Filing 17
PRETRIAL ORDER signed by Judge J.P. Stadtmueller on 5/20/22. (cc: all counsel) (cl)
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| Filing 16 NOTICE of Appearance by Joseph A Larson on behalf of All Defendants. Attorney(s) appearing: Joseph A Larson (Larson, Joseph) |
| Filing 15 ANSWER to Counterclaim re #10 filed by PalatiumCare Inc. (Spahn, Brian) |
| Filing 14 NOTICE of Appearance by Garet K Galster on behalf of All Defendants. Attorney(s) appearing: Joseph A. Larson (Galster, Garet) |
| Filing 13 NOTICE of Appearance by Melissa A Spindler on behalf of All Defendants. Attorney(s) appearing: Melissa A. Spindler (Spindler, Melissa) |
| Filing 12 NOTICE of Appearance by Jordan Liff on behalf of All Defendants. Attorney(s) appearing: Jordan A. Liff (Liff, Jordan) |
| Filing 11 DISCLOSURE Statement by Notify LLC. (Galster, Garet) |
| Filing 10 ANSWER to Complaint AND COUNTERCLAIM against PalatiumCare, Inc. with Jury Demand filed by Lucas Narbatovics, Notify LLC . (Galster, Garet) |
| Filing 9 NOTICE of Appearance by Brett M Schuman on behalf of PalatiumCare Inc. Attorney(s) appearing: Brett M. Schuman (Schuman, Brett) |
| Filing 8 NOTICE of Appearance by Andrew Ong on behalf of PalatiumCare Inc. Attorney(s) appearing: Andrew Ong (Ong, Andrew) |
| Filing 7 Magistrate Judge Jurisdiction Form filed by PalatiumCare Inc. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Spahn, Brian) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Lucas Narbatovics - Waiver sent on 2/23/2022; Notify LLC - Waiver sent on 2/23/2022. (Spahn, Brian) |
| Filing 5 REQUEST for Issuance of Summons by PalatiumCare Inc (Spahn, Brian) |
| Filing 4 REQUEST for Issuance of Summons by PalatiumCare Inc (Spahn, Brian) |
| Summons Issued as to Lucas Narbatovics, Notify LLC. (bx) |
| Filing 3 NOTICE of Appearance by Daniel T Flaherty on behalf of PalatiumCare Inc. Attorney(s) appearing: Daniel T. Flaherty (Flaherty, Daniel) |
| Filing 2 DISCLOSURE Statement by PalatiumCare Inc. (Spahn, Brian) |
| Filing 1 COMPLAINT with Jury Demand; against All Defendants by PalatiumCare Inc. ( Filing Fee PAID $402 receipt number AWIEDC-4047374) (Attachments: #1 Civil Cover Sheet)(Spahn, Brian) |
| NOTICE Regarding assignment of this matter to Judge J P Stadtmueller; Consent/refusal forms for Magistrate Judge Dries to be filed within 21 days; the consent/refusal form is available #here. (jcl) |
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