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After annoucing that it had terminated the licensing agreement with Hyperion in December 2006, Amiga, Inc. sues its former partner in late April 2007. It alleges that Hyperion has delayed the completion of AmigaOS 4.0 and is now refusing to hand over the source code to the product despite Amiga, Inc. having invoked the buy-back clause in the original agreement.
This litigation ended in December 2009 with an out-of-court settlement. The actual settlement agreement ist the last published document in this case (exhibit A for document 148).| 1 | Apr 26, 2007 |
COMPLAINT and JURY TRIAL DEMANDED against defendant Hyperion VOF (Summons(es) issued)(Receipt # SEA 8926), filed by Amiga Inc. (Attachments: # 1 Exhibit A-G to Complaint # 2 Civil Cover Sheet)(PM, )
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| 2 | Apr 27, 2007 |
REPORT on the filing or determination of an action. E-mailed to the US Patent/Trademark Office. (Attachments: # 1 Complaint |
| 3 | Apr 27, 2007 |
MOTION for Preliminary Injunction by Plaintiff Amiga Inc. Oral Argument Requested. (Attachments: # 1 Proposed Order)Noting Date 5/25/2007.(Cock, Lawrence)
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| 4 | Apr 27, 2007 |
DECLARATION of William McEwen filed by Plaintiff Amiga Inc re 3 MOTION for Preliminary Injunction (Cock, Lawrence) (Entered: 04/27/2007)
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| 5 | Apr 27, 2007 |
DECLARATION of Barrie Jon Moss filed by Plaintiff Amiga Inc re 3 MOTION for Preliminary Injunction (Cock, Lawrence) (Entered: 04/27/2007)
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| 6 | Apr 27, 2007 |
MOTION to Expedite Discovery by Plaintiff Amiga Inc. (Attachments: # 1 Proposed Order)Noting Date 5/11/2007.(Cock, Lawrence)
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| 7 | Apr 27, 2007 |
DECLARATION of Morgan W. Tovey filed by Plaintiff Amiga Inc re 6 MOTION to Expedite Discovery (Cock, Lawrence) (Entered: 04/27/2007)
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| 8 | Apr 30, 2007 |
APPLICATION by Plaintiff Amiga Inc AND ORDER admitting Alison B Riddell for Amiga Inc pro hac vice. Receipt # SEA 8927. (RS, ) (Entered: 04/30/2007)
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| 9 | Apr 30, 2007 |
APPLICATION by Plaintiff Amiga Inc AND ORDER admitting Morgan W Tovey for Amiga Inc pro hac vice. Receipt # SEA 8927. (RS, ) (Entered: 04/30/2007)
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| 10 | May 4, 2007 |
APPLICATION by Plaintiff Amiga Inc AND ORDER admitting Scott D Baker for Amiga Inc pro hac vice. Receipt # SEA 9102. (RS, ) (Entered: 05/04/2007)
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| 11 | May 4, 2007 |
SERVICE OF SUMMONS and Complaint returned executed upon defendant Hyperion VOF on 4/30/2007 Proof of Service (Cock, Lawrence) (Entered: 05/04/2007)
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| 12 | May 8, 2007 |
NOTICE of Appearance by attorney William A Kinsel on behalf of Defendant Hyperion VOF. (Kinsel, William) (Entered: 05/08/2007)
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| 13 | May 8, 2007 |
RESPONSE, by Defendant Hyperion VOF, to 6 MOTION to Expedite Discovery. (Kinsel, William) (Entered: 05/08/2007)
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| 14 | May 8, 2007 |
DECLARATION of William A. Kinsel filed by Defendant Hyperion VOF re 6 MOTION to Expedite Discovery (Kinsel, William) (Entered: 05/08/2007)
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| 15 | May 8, 2007 |
AFFIDAVIT OF SERVICE by Defendant Hyperion VOF re 14 Declaration, 13 Response to Motion, 12 Notice of Appearance. (Kinsel, William) (Entered: 05/08/2007)
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| 16 | May 9, 2007 |
Supplemental DECLARATION of William A. Kinsel filed by Defendant Hyperion VOF re 6 MOTION to Expedite Discovery (Kinsel, William) (Entered: 05/09/2007)
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| 17 | May 9, 2007 |
CERTIFICATE OF SERVICE by Defendant Hyperion VOF re 16 Declaration. (Kinsel, William) (Entered: 05/09/2007)
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| 18 | May 10, 2007 |
SERVICE OF SUMMONS and Complaint returned executed upon defendant Hyperion VOF (Riddell, Alison) (Entered: 05/10/2007)
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| 19 | May 11, 2007 |
REPLY, filed by Plaintiff Amiga Inc, TO RESPONSE to 6 MOTION to Expedite Discovery (Cock, Lawrence) (Entered: 05/11/2007)
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| 20 | May 11, 2007 |
DECLARATION of Barrie Jon Moss filed by Plaintiff Amiga Inc re 6 MOTION to Expedite Discovery (Cock, Lawrence) (Entered: 05/11/2007)
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| 21 | May 11, 2007 |
DECLARATION of William McEwen filed by Plaintiff Amiga Inc re 6 MOTION to Expedite Discovery (Cock, Lawrence) (Entered: 05/11/2007)
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| 22 | May 16, 2007 |
ORDER granting in part and denying in part 6 Motion for expedited discovery by Judge Ricardo S Martinez.(RS, ) (Entered: 05/17/2007)
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| 23 | May 17, 2007 |
NOTICE of Unavailability of counsel William A Kinsel for Defendant Hyperion VOF from 07/02/2007 to 07/06/2007. (Kinsel, William) (Entered: 05/17/2007)
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| 24 | May 21, 2007 |
RESPONSE, by Defendant Hyperion VOF, to 3 MOTION for Preliminary Injunction. Oral Argument Requested. (Kinsel, William) (Entered: 05/21/2007)
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| 25 | May 21, 2007 |
DECLARATION of William A. Kinsel filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Kinsel, William) (Entered: 05/21/2007)
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| 26 | May 21, 2007 |
DECLARATION of Evert Carton filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 to 9 # 5 Exhibit 10
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| 27 | May 21, 2007 |
Second DECLARATION of Evert Carton filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Kinsel, William) (Entered: 05/21/2007)
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| 28 | May 21, 2007 |
DECLARATION of Hans-Jorg Frieden filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Kinsel, William) (Entered: 05/21/2007)
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| 29 | May 21, 2007 |
Second DECLARATION of Hans-Jorg Frieden filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Kinsel, William) (Entered: 05/21/2007)
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| 30 | May 21, 2007 |
DECLARATION of Thomas Frieden filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Kinsel, William) (Entered: 05/21/2007)
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| 31 | May 22, 2007 |
DECLARATION of Hyperion's Index of Declaration Exhibits filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Kinsel, William) (Entered: 05/22/2007)
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| 32 | May 22, 2007 |
CERTIFICATE OF SERVICE by Defendant Hyperion VOF re 28 Declaration, 29 Declaration, 24 Response to Motion, 27 Declaration, 26 Declaration, 31 Declaration, 25 Declaration, 30 Declaration. (Kinsel, William) (Entered: 05/22/2007)
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| 33 | May 25, 2007 |
REPLY, filed by Plaintiff Amiga Inc, TO RESPONSE to 3 MOTION for Preliminary Injunction (Tovey, Morgan) (Entered: 05/25/2007)
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| 34 | May 25, 2007 |
DECLARATION of Barrie Moss filed by Plaintiff Amiga Inc re 3 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A
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| 35 | May 25, 2007 |
DECLARATION of William McEwen filed by Plaintiff Amiga Inc re 3 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A-C # 2 Exhibit D-F # 3 Exhibit G-H # 4 Exhibit I-J # 5 Exhibit K-R)(Tovey, Morgan)
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| 36 | May 31, 2007 |
MINUTE ENTRY for proceedings held before Judge Ricardo S. Martinez - Dep Clerk: Lowell Williams; Pla Counsel: Scott Baker, Morgan Tovey, Lawrence Cock; Def Counsel: William Kinsel; CR: Barry Fanning; Time of Hearing: 10:00 AM; Courtroom: 13206; Motion Hearing held on 5/31/2007 re 3 MOTION for Preliminary Injunction filed by Amiga Inc. Court hears argument from counsel and takes matter under advisement. (LW) (Entered: 05/31/2007)
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| 37 | Jun 6, 2007 |
TRANSCRIPT of Proceedings held on 5/31/07, Motion for Preliminary Injunction before Judge Ricardo S Martinez. Court Reporter: B. Fanning. (SA) (Entered: 06/07/2007)
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| 38 | Jun 11, 2007 |
ORDER denying plaintiff's 3 Motion for Preliminary Injunction by Judge Ricardo S Martinez.(RS, ) (CL, ). Modified on 6/19/2007 (CL, ). (Entered: 06/12/2007)
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| 39 | Jun 13, 2007 |
ANSWER to Complaint, Affirmative Defenses and, COUNTERCLAIM against plaintiff Amiga Inc by Hyperion VOF.(Kinsel, William) (Entered: 06/13/2007)
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| 40 | Jun 19, 2007 |
NOTICE of Corrected Image/Document re 38 Order on Motion for Preliminary Injunction. (Service of corrected/format image is attached). (CL, ) (Entered: 06/19/2007)
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| 41 | Jun 26, 2007 |
MOTION to Join ITEC, LLC as a Counterclaim Defendant by Counter Claimant Hyperion VOF. Noting Date 7/13/2007.(Kinsel, William) (Entered: 06/26/2007)
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| 42 | Jun 26, 2007 |
DECLARATION of William A. Kinsel filed by Counter Claimant Hyperion VOF re 41 MOTION to Join ITEC, LLC as a Counterclaim Defendant (Kinsel, William) (Entered: 06/26/2007)
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| 43 | Jun 26, 2007 |
DECLARATION of Evert Carton filed by Counter Claimant Hyperion VOF re 41 MOTION to Join ITEC, LLC as a Counterclaim Defendant (Kinsel, William) (Entered: 06/26/2007)
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| 44 | Jun 27, 2007 |
CERTIFICATE OF SERVICE by Counter Claimant Hyperion VOF re 42 Declaration, 43 Declaration, 41 MOTION to Join ITEC, LLC as a Counterclaim Defendant. (Kinsel, William) (Entered: 06/27/2007)
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| 45 | Jun 29, 2007 |
APPLICATION OF ATTORNEY Lance Gotthoffer FOR LEAVE TO APPEAR PRO HAC VICE by Counter Defendant Amiga Inc, Plaintiff Amiga Inc. (Attachments: # 1 ECF Registration Form)(Cock, Lawrence)
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| 46 | Jul 2, 2007 |
APPLICATION OF ATTORNEY Kenneth Philpot FOR LEAVE TO APPEAR PRO HAC VICE by Counter Defendant Amiga Inc, Plaintiff Amiga Inc. (Attachments: # 1 ECF Registration Form)(Cock, Lawrence)
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| 47 | Jul 3, 2007 |
ORDER re 46 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Kenneth Joe Philpot as pro hac vice atty for Counter Defendant Amiga Inc, Plaintiff Amiga Inc, by Bruce Rifkin. (No document associated with this docket entry, text only.)(RS, ) (Entered: 07/03/2007)
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| 48 | Jul 3, 2007 |
ORDER re 45 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Lance Gotthoffer as pro hac vice atty for Counter Defendant Amiga Inc, Plaintiff Amiga Inc, by Bruce Rifkin. (No document associated with this docket entry, text only.)(RS, ) (Entered: 07/03/2007)
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| 49 | Jul 3, 2007 |
REPLY by Counter Defendant Amiga Inc, Plaintiff Amiga Inc to 39 Answer to Complaint, Counterclaim. (Cock, Lawrence) (Entered: 07/03/2007)
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| 50 | Jul 5, 2007 |
MOTION for Judgment on the Pleadings by Plaintiff Amiga Inc. Noting Date 7/27/2007.(Cock, Lawrence) (Entered: 07/05/2007)
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| 51 | Jul 10, 2007 |
RESPONSE, by Counter Defendant Amiga Inc, Plaintiff Amiga Inc, to 41 MOTION to Join ITEC, LLC as a Counterclaim Defendant. (Cock, Lawrence) (Entered: 07/10/2007)
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| 52 | Jul 10, 2007 |
DECLARATION of Lance Gotthoffer filed by Counter Defendant Amiga Inc, Plaintiff Amiga Inc re 41 MOTION to Join ITEC, LLC as a Counterclaim Defendant (Cock, Lawrence) (Entered: 07/10/2007)
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| 53 | Jul 13, 2007 |
REPLY, filed by Defendant Hyperion VOF, TO RESPONSE to 41 MOTION to Join ITEC, LLC as a Counterclaim Defendant (Kinsel, William) (Entered: 07/13/2007)
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| 54 | Jul 23, 2007 |
DECLARATION of Evert Carton in Opposition to Amiga Delaware's 50 MOTION for Judgment on the Pleadings (Kinsel, William) Modified on 7/24/2007 (ECS, ). (Entered: 07/23/2007)
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| 55 | Jul 23, 2007 |
DECLARATION of William A. Kinsel in Opposition to Amiga Delaware's 50 MOTION for Judgment on the Pleadings (Kinsel, William) Modified on 7/24/2007 (ECS, ). (Entered: 07/23/2007)
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| 56 | Jul 23, 2007 |
MEMORANDUM filed by Defendant Hyperion VOF re 50 MOTION for Judgment on the Pleadings (Kinsel, William) (Entered: 07/23/2007)
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| 57 | Jul 23, 2007 |
CERTIFICATE OF SERVICE by Defendant Hyperion VOF re 56 Memorandum, 55 Declaration, 54 Declaration of William A. Kinsel in Opposition to Amiga Delaware's Motion for Judgment on the Pleadings. (Kinsel, William) (Entered: 07/23/2007)
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| 58 | Jul 27, 2007 |
STIPULATION Extending the Deadline for Amiga, Inc.'s Reply in Support of Amiga, Inc.'s Motion for Judgment on the Pleadings by parties. (Cock, Lawrence) (Entered: 07/27/2007)
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| 59 | Jul 30, 2007 |
REPLY, filed by Counter Defendant Amiga Inc, TO RESPONSE to 50 MOTION for Judgment on the Pleadings (Cock, Lawrence) (Entered: 07/30/2007)
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| 60 | Jul 30, 2007 |
DECLARATION of TIm Paterson Re Trademark Applications filed by Counter Defendant Amiga Inc, Plaintiff Amiga Inc re 50 MOTION for Judgment on the Pleadings (Cock, Lawrence) (Entered: 07/30/2007)
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| 61 | Jul 30, 2007 |
DECLARATION of Tim Paterson Re Trademark Registrations filed by Counter Defendant Amiga Inc, Plaintiff Amiga Inc re 50 MOTION for Judgment on the Pleadings (Cock, Lawrence) (Entered: 07/30/2007)
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| 62 | Jul 30, 2007 |
DECLARATION of Lawrence R. Cock Authenticating Documents filed by Counter Defendant Amiga Inc, Plaintiff Amiga Inc re 50 MOTION for Judgment on the Pleadings (Cock, Lawrence) (Entered: 07/30/2007)
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| 63 | Aug 2, 2007 |
PROPOSED ORDER (Unsigned) re 58 Stipulation To Extend Deadline for Amiga, Inc.'s Reply in Support of Amiga, Inc.'s Motion for Judgment on the Pleadings (Cock, Lawrence) (Entered: 08/02/2007)
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| 64 | Aug 21, 2007 |
ORDER extending deadline for Amiga Inc's reply in support of Amiga's motion for judgment on the pleadingsby Judge Ricardo S Martinez. (RS, ) (Entered: 08/22/2007)
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| 65 | Sep 6, 2007 |
ORDER granting 41 Motion to Join Itec, LLC as a Counterclaim Defendant by Judge Ricardo S Martinez.(TS, ) (Entered: 09/10/2007)
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| 66 | Sep 10, 2007 |
AMENDED COUNTERCLAIM against plaintiff Amiga Inc, Itec, LLC, filed by Hyperion VOF.(Kinsel, William) (Entered: 09/10/2007)
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| 67 | Sep 11, 2007 |
PRAECIPE TO ISSUE SUMMONS re 65 Order on Motion for Miscellaneous Relief, Add and Terminate Parties by Counter Claimant Hyperion VOF. (Kinsel, William) (Entered: 09/11/2007)
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| 68 | Sep 24, 2007 |
REPLY AND DEFENSES / ANSWER to Amended Counterclaim by Amiga Inc.(Cock, Lawrence) (Entered: 09/24/2007)
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| 69 | Oct 4, 2007 |
APPLICATION FOR LEAVE TO APPEAR PRO HAC VICE; ATTACHMENT ATTORNEY REGISTRATION FORM; ATTACHMENT PAYMENT CONFIRMATION DATED 10/1/07 by Plaintiff Amiga Inc. (Attachments: # 1 # 2)(Cock, Lawrence)
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| 70 | Oct 4, 2007 |
ORDER GRANTING APPLICATION FOR LEAVE TO APPEAR PRO HAC VICE re Attorney Jeffrey Michael Tamarin for Amiga Inc addedby Judge Bruce Rifkin. (Text only entry - no image attached)(RS, ) (Entered: 10/04/2007)
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| 71 | Nov 8, 2007 |
MOTION to Dismiss or in the alternative, Transfer by Counter Defendant Itec, LLC. Oral Argument Requested.Noting Date 11/30/2007.(Cock, Lawrence) (Entered: 11/08/2007)
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| 72 | Nov 8, 2007 |
DECLARATION of Lance Gotthoffer filed by Counter Defendant Itec, LLC re 71 MOTION to Dismiss or in the alternative, Transfer (Attachments: # 1 Exhibit 1-5 # 2 Exhibit 6-9)(Cock, Lawrence)
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| 73 | Nov 8, 2007 |
DECLARATION of John Grzymala filed by Counter Defendant Itec, LLC re 71 MOTION to Dismiss or in the alternative, Transfer (Attachments: # 1 Exhibit 1-4)(Cock, Lawrence)
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| 74 | Nov 8, 2007 |
PROPOSED ORDER (Unsigned) re 71 MOTION to Dismiss or in the alternative, Transfer. (Cock, Lawrence) (Entered: 11/08/2007)
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| 75 | Nov 26, 2007 |
RESPONSE, by Counter Claimant Hyperion VOF, Defendant Hyperion VOF, to 71 MOTION to Dismiss or in the alternative, Transfer. (Kinsel, William) (Entered: 11/26/2007)
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| 76 | Nov 26, 2007 |
DECLARATION of Evert Carton filed by Counter Claimant Hyperion VOF, Defendant Hyperion VOF re 71 MOTION to Dismiss or in the alternative, Transfer (Kinsel, William) (Entered: 11/26/2007)
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| 77 | Nov 26, 2007 |
DECLARATION of William A. Kinsel filed by Counter Claimant Hyperion VOF, Defendant Hyperion VOF re 71 MOTION to Dismiss or in the alternative, Transfer (Kinsel, William) (Entered: 11/26/2007)
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| 78 | Nov 26, 2007 |
DECLARATION of Ben Hermans filed by Counter Claimant Hyperion VOF, Defendant Hyperion VOF re 71 MOTION to Dismiss or in the alternative, Transfer (Kinsel, William) (Entered: 11/26/2007)
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| 79 | Nov 30, 2007 |
REPLY, filed by Counter Defendant Itec LLC, TO RESPONSE to 71 MOTION to Dismiss or in the alternative, Transfer (Cock, Lawrence) (Entered: 11/30/2007)
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| 80 | Nov 30, 2007 |
DECLARATION of John Grzymala filed by Counter Defendant Itec LLC re 71 MOTION to Dismiss or in the alternative, Transfer (Cock, Lawrence) (Entered: 11/30/2007)
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| 81 | Dec 12, 2007 |
MOTION for Leave To Amend Its Complaint by Plaintiff Amiga Inc. Noting Date 12/21/2007.(Cock, Lawrence) (Entered: 12/12/2007)
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| 82 | Dec 12, 2007 |
DECLARATION of Lawrence R. Cock filed by Plaintiff Amiga Inc re 81 MOTION for Leave To Amend Its Complaint (Attachments: # 1 Appendix Amended Complaint # 2 Exhibit A-J # 3 Exhibit K-O # 4 Exhibit P-W)(Cock, Lawrence)
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| 83 | Dec 12, 2007 |
PROPOSED ORDER (Unsigned) re 81 MOTION for Leave To Amend Its Complaint (Cock, Lawrence) (Entered: 12/12/2007)
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| 84 | Dec 18, 2007 |
RESPONSE, by Counter Claimant Hyperion VOF, Defendant Hyperion VOF, to 81 MOTION for Leave To Amend Its Complaint. (Kinsel, William) (Entered: 12/18/2007)
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| 85 | Dec 18, 2007 |
DECLARATION of William A. Kinsel filed by Counter Claimant Hyperion VOF, Defendant Hyperion VOF re 81 MOTION for Leave To Amend Its Complaint (Kinsel, William) (Entered: 12/18/2007)
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| 86 | Dec 21, 2007 |
REPLY, filed by Plaintiff Amiga Inc, TO RESPONSE to 81 MOTION for Leave To Amend Its Complaint (Cock, Lawrence) (Entered: 12/21/2007)
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| 87 | Dec 28, 2007 |
OBJECTIONS to Subpoena filed by Cairncross
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| 88 | Jan 2, 2008 |
MOTION to Quash Subpoena Duces Tecum to Cairncross by Plaintiff Amiga Inc. (Attachments: # 1 Proposed Order)Noting Date 1/11/2008.(Cock, Lawrence)
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| 89 | Jan 2, 2008 |
DECLARATION of Lawrence R. Cock filed by Plaintiff Amiga Inc re 88 MOTION to Quash Subpoena Duces Tecum to Cairncross (Cock, Lawrence) (Entered: 01/02/2008)
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| 90 | Jan 2, 2008 |
AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Cairncross
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| 91 | Jan 8, 2008 |
RESPONSE, by Counter Claimant Hyperion VOF, Defendant Hyperion VOF, to 88 MOTION to Quash Subpoena Duces Tecum to Cairncross. (Kinsel, William) (Entered: 01/08/2008)
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| 92 | Jan 8, 2008 |
DECLARATION of William A. Kinsel filed by Counter Claimant Hyperion VOF, Defendant Hyperion VOF re 88 MOTION to Quash Subpoena Duces Tecum to Cairncross (Kinsel, William) (Entered: 01/08/2008)
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| 93 | Jan 9, 2008 |
CERTIFICATE OF SERVICE by Counter Claimant Hyperion VOF, Defendant Hyperion VOF re 91 Response to Motion, 92 Declaration. (Kinsel, William) (Entered: 01/09/2008)
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| 94 | Jan 11, 2008 |
REPLY, filed by Counter Defendant Amiga Inc, Plaintiff Amiga Inc, TO RESPONSE to 88 MOTION to Quash Subpoena Duces Tecum to Cairncross (Cock, Lawrence) (Entered: 01/11/2008)
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| 95 | Jan 11, 2008 |
DECLARATION of Robert C. Seidel filed by Counter Defendant Amiga Inc, Plaintiff Amiga Inc re 88 MOTION to Quash Subpoena Duces Tecum to Cairncross (Cock, Lawrence) (Entered: 01/11/2008)
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| 96 | Jan 17, 2008 |
ORDER ON MOTION TO DISMISS OR TRANSFER re Itec's 71 Motion to Dismiss by Judge Ricardo S Martinez.(RS, ) (Entered: 01/17/2008)
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| 97 | Jan 17, 2008 |
ORDER denying plaintiff's 88 Motion to Quash by Judge Ricardo S Martinez.(RS, ) (Entered: 01/17/2008)
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| 98 | Jan 31, 2008 |
MOTION for Judgment on the Pleadings by Counter Defendant Amiga Inc, Plaintiff Amiga Inc. Noting Date 2/22/2008.(Cock, Lawrence) (Entered: 01/31/2008)
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| 99 | Feb 19, 2008 |
RESPONSE, by Counter Claimant Hyperion VOF, Defendant Hyperion VOF, to 98 MOTION for Judgment on the Pleadings. (Kinsel, William) (Entered: 02/19/2008)
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| 100 | Feb 19, 2008 |
Second DECLARATION of William A. Kinsel filed by Counter Claimant Hyperion VOF, Defendant Hyperion VOF re 98 MOTION for Judgment on the Pleadings (Kinsel, William) (Entered: 02/19/2008)
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| 101 | Feb 22, 2008 |
REPLY, filed by Counter Defendant Amiga Inc, Plaintiff Amiga Inc, TO RESPONSE to 98 MOTION for Judgment on the Pleadings (Cock, Lawrence) (Entered: 02/22/2008)
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| 102 | Mar 25, 2008 |
NOTICE of Unavailability of counsel William A Kinsel for Counter Claimant Hyperion VOF, Defendant Hyperion VOF from 04/24/2008 to 05/30/2008. (Kinsel, William) (Entered: 03/25/2008)
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| 103 | Apr 21, 2008 |
ORDER ON MOTION FOR LEAVE TO AMEND granting plaintiff's 81 Motion for Leave to file amended complaint; striking 98 Motion for Judgment on the Pleadings by Judge Ricardo S Martinez.(RS, ) (Entered: 04/22/2008)
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| 104 | Apr 29, 2008 |
AMENDED COMPLAINT for Damages, Specific Performance and Injunctive Relief against defendant(s) Hyperion VOF with JURY DEMAND, filed by Amiga Inc. (Attachments: # 1 Exhibit A-J, # 2 Exhibit K-O, # 3 Exhibit P-W)(Cock, Lawrence) (Entered: 04/29/2008)
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| 105 | Jun 17, 2008 |
ANSWER to 104 Amended Complaint, COUNTERCLAIM against plaintiff Amiga Inc by Hyperion VOF.(Kinsel, William) (Entered: 06/17/2008)
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| 106 | Jun 17, 2008 |
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Morgan W Tovey for Counter Defendants Amiga Inc, Amiga Inc, Plaintiff Amiga Inc. (Riddell, Alison) (Entered: 06/17/2008)
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| 107 | Jun 18, 2008 |
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT by Judge Ricardo S Martinez. Joint Status Report due by 7/30/2008; FRCP 26f Conference Deadline is 7/16/2008; Initial Disclosure Deadline is 7/23/2008. (LC) (Entered: 06/18/2008)
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| 108 | Jun 18, 2008 |
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Scott D Baker for Counter Defendant Amiga Inc, Plaintiff Amiga Inc. (Baker, Scott) (Entered: 06/18/2008)
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| 109 | Jun 19, 2008 |
NOTICE of Unavailability of counsel William A Kinsel for Counter Claimant Hyperion VOF, Defendant Hyperion VOF from June 30, 2008 to July 5, 2008. (Kinsel, William) (Entered: 06/19/2008)
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| 110 | Jul 3, 2008 |
Reply and Defenses ANSWER to 105 Answer to Amended Complaint, Counterclaim by Amiga Inc.(Cock, Lawrence) (Entered: 07/03/2008)
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| 111 | Jul 3, 2008 |
MOTION for Judgment on the Pleadings by Plaintiff Amiga Inc. (Attachments: # 1 Proposed Order Dismissing Hyperion VOF's Counterclaim 6 and 7) Noting Date 7/25/2008; (Cock, Lawrence) (Entered: 07/03/2008)
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| 112 | Jul 21, 2008 |
RESPONSE, by Counter Claimant Hyperion VOF, Defendant Hyperion VOF, to 111 MOTION for Judgment on the Pleadings. (Kinsel, William) (Entered: 07/21/2008)
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| 113 | Jul 25, 2008 |
REPLY, filed by Plaintiff Amiga Inc, TO RESPONSE to 111 MOTION for Judgment on the Pleadings (Cock, Lawrence) (Entered: 07/25/2008)
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| 114 | Jul 25, 2008 |
Stipulated MOTION for Protective Order by Counter Claimants Hyperion VOF, Hyperion VOF, Counter Defendants Amiga Inc, Amiga Inc, Plaintiff Amiga Inc, Defendant Hyperion VOF. (Attachments: # 1 Proposed Order Stipulated Protective Oder) Noting Date 7/25/2008 (Kinsel, William) (Entered: 07/25/2008)
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| 115 | Jul 29, 2008 |
JOINT STATUS REPORT signed by all parties; estimated Trial Days: 10.. (Cock, Lawrence) (Entered: 07/29/2008)
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| 116 | Aug 4, 2008 |
STIPULATED PROTECTIVE ORDER by Judge Ricardo S Martinez. (RS) (Entered: 08/04/2008)
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| 117 | Aug 25, 2008 |
ORDER REFERRING CASE to Judge J. Kelley Arnold for purpose of conducting a settlement conference by Judge Ricardo S Martinez. (RS) (Entered: 08/26/2008)
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| 118 | Aug 28, 2008 |
REVISED ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT By stipulation of counsel, Joint Status Report due by 1/5/2009; FRCP 26f Conference Deadline is 1/5/2009; Initial Disclosure Deadline is 1/5/2009; by Judge Ricardo S. Martinez. (LW) (Entered: 08/28/2008)
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| 119 | Sep 2, 2008 |
SCHEDULING ORDER for Settlement Conference: This matter has been referred to Judge Arnold to conduct a SETTLEMENT CONFERENCE. Settlement briefs/memorandums are due in chambers on 11/13/2008 by 4:00 PM. The briefs should contain a statement of the facts, issues for trial, the law, strengths and weaknesses of the parties' case, each party's position after mediation held in this matter and a settlement figure. The briefs/memorandums should be delivered to Judge Arnold's chambers or submitted by fax to chambers at (253)882-3881. BRIEFS ARE TO BE CONFIDENTIAL AND NOT FILED WITH THE COURT OR SERVED ON OPPOSING COUNSEL. In addition to counsel, parties and representatives who have authority to settle are directed to be present in person. Settlement Conference set for 11/20/2008 at 09:00 AM in D Courtroom before Judge J. Kelley Arnold. by Judge J. Kelley Arnold. (AS) (Entered: 09/02/2008)
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| 124 | Dec 2, 2008 |
MOTION for Protective Order by Plaintiff Amiga Inc. (Attachments: # 1 Proposed Order Proposed Order) Noting Date 12/17/2008 (Cock, Lawrence) (Entered: 12/02/2008)
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| 125 | Dec 2, 2008 |
DECLARATION of Lance Gotthoffer filed by Plaintiff Amiga Inc re 124 MOTION for Protective Order (Cock, Lawrence) (Entered: 12/02/2008)
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| 126 | Dec 2, 2008 |
DECLARATION of Lawrence R. Cock filed by Plaintiff Amiga Inc re 124 MOTION for Protective Order (Cock, Lawrence) (Entered: 12/02/2008)
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| 127 | Dec 2, 2008 |
MOTION for Protective Order Cairncross
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| 128 | Dec 12, 2008 |
RESPONSE, by Counter Claimants Hyperion VOF, Hyperion VOF, Defendant Hyperion VOF, to 124 MOTION for Protective Order, 127 MOTION for Protective Order Cairncross
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| 129 | Dec 12, 2008 |
DECLARATION of William A. Kinsel filed by Counter Claimants Hyperion VOF, Hyperion VOF, Defendant Hyperion VOF re 124 MOTION for Protective Order, 127 MOTION for Protective Order Cairncross
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| 130 | Dec 12, 2008 |
SEALED DOCUMENT Declaration of William A. Kinsel by Counter Claimants Hyperion VOF, Hyperion VOF, Defendant Hyperion VOF re 116 Protective Order. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Kinsel, William) (Entered: 12/12/2008)
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| 131 | Dec 12, 2008 |
CERTIFICATE OF SERVICE by Counter Claimants Hyperion VOF, Hyperion VOF, Defendant Hyperion VOF re 129 Declaration, 130 Sealed Document, 128 Response to Motion. (Kinsel, William) (Entered: 12/12/2008)
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| 134 | Dec 18, 2008 |
REPLY, filed by Plaintiff Amiga Inc, TO RESPONSE to 127 MOTION for Protective Order Cairncross
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| 135 | Dec 19, 2008 |
STIPULATION AND PROPOSED ORDER EXTENDING THE DEADLINE by parties re 134 Reply to Response to Motion. (Cock, Lawrence) (Entered: 12/19/2008)
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| 136 | Jan 5, 2009 |
JOINT STATUS REPORT signed by all parties. (Kinsel, William) (Entered: 01/05/2009)
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| 137 | Jan 5, 2009 |
STIPULATION AND ORDER extending the deadline for Amiga's reply in support of motion for protective order to 12/19/08 by Judge Ricardo S Martinez. (RS) (Entered: 01/06/2009)
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| 144 | Mar 26, 2009 |
MINUTE ENTRY for proceedings held before Judge J. Kelley Arnold - Settlement Conference continues via e-mail during month of March. (AS) (Entered: 04/30/2009)
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| 145 | Apr 6, 2009 |
MINUTE ENTRY for proceedings held before Judge J. Kelley Arnold - Settlement Conference continues via e-mail and telephone conferences on 4/6/2009. (AS) (Entered: 04/30/2009)
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| 146 | Jul 20, 2009 |
MINUTE ENTRY for proceedings held before Judge J. Kelley Arnold - Settlement Conference continues via e-mail on 7/13, 7/17 and 7/20/2009. (AS) (Entered: 07/22/2009)
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| 147 | Dec 11, 2009 |
Stipulated MOTION for Judgment Entry by Plaintiff Amiga Inc. (Attachments: # 1 Stipulated Judgment) Noting Date 12/11/2009, (Cock, Lawrence)
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| 148 | Dec 14, 2009 |
STIPULATED JUDGMENT - Motion granted 147 Stipulated Motion for judgment by Judge Ricardo S Martinez.(RS) (Attachment added on 12/17/2009: # 1 Exhibit A - Settlement Agreement) (MKB).
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