Massachusetts District Court
Judge:Denise J Casper
Case #: 1:17-cv-11347
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity-Contract Dispute
Case Filed:Jul 21, 2017
Last checked: Wednesday Jan 17, 2018 3:43 AM EST
Counter Claimant
DataXu, Inc.
Represented By
Scott T. Lashway
Holland & Knight LLP
contact info
Counter Defendant
RhythmOne LLC
Represented By
Jennifer Brown
Dla Piper Us LLP
contact info
Rajiv Dharnidharka
Dla Piper Llp(us)
contact info
Defendant
DataXu, Inc.
281 Summer Street
Boston, MA 02210
Represented By
Scott T. Lashway
Holland & Knight LLP
contact info
Plaintiff
RhythmOne LLC
251 Kearny Street 2nd Floor
San Francisco, CA 94108
Represented By
Jennifer Brown
Dla Piper Us LLP
contact info
Rajiv Dharnidharka
Dla Piper Llp(us)
contact info
TERMINATED PARTIES
Mediator
Judge Jennifer C. Boal
Terminated: 01/16/2018


Docket last updated: 12 hours ago
Wednesday, March 28, 2018
44 44 2 pgs misc Stipulation of Dismissal Wed 03/28 3:54 PM
STIPULATION of Dismissal with Prejudice by DataXu, Inc..(Stern, Benjamin)
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Att: 1 2 pgs Exhibit 1
Tuesday, March 20, 2018
43 43 utility Case No Longer Referred to Magistrate Judge Tue 03/20 3:43 PM
Case no longer referred to Magistrate Judge Donald L. Cabell. (Russo, Noreen)
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42 42 order Order on Motion for Protective Order Tue 03/20 3:41 PM
Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered finding as moot35 Motion for Protective Order based on the representations of counsel in open court this date. (Russo, Noreen)
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41 41 minutes Motion Hearing Tue 03/20 3:30 PM
Electronic Clerk's Notes for proceedings held before Magistrate Judge Donald L. Cabell: Motion Hearing held on 3/20/2018 re35 Emergency MOTION for Protective Order filed by RhythmOne LLC. The parties indicate that the case is settled in principle: there is a short form settlement agreement with a long form expected within a week with dismissal thereafter. The parties agree that the deposition is off. Based on the representations in court this date the court will find the motion moot as there is nothing for the court to act on. In terms of the schedule the parties have a status on 4/9/18 with Judge Casper and they agree to put everything over until that time where the case will either be settled or, if not, scheduling issues may be addressed with Judge Casper. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to[LINK:http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm] . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Dharnidharka (by phone), Norton, Lashway) (Russo, Noreen)
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40 40 notice Notice of Appearance Tue 03/20 10:43 AM
NOTICE of Appearance by Benjamin M. Stern on behalf of DataXu, Inc. (Stern, Benjamin)
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39 39 notice Notice Setting or Resetting Hearing on Motion Tue 03/20 9:52 AM
ELECTRONIC NOTICE Setting Hearing on Motion35 Emergency MOTION for Protective Order : Motion Hearing set for 3/20/2018 at 02:45 PM in Courtroom 16 before Magistrate Judge Donald L. Cabell. (Russo, Noreen)
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38 38 order Order Referring Case to Magistrate Judge Tue 03/20 8:47 AM
Judge Denise J. Casper: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Donald L. Cabell Referred for: Events Only (e). Motions referred:35 Emergency MOTION for Protective Order . (Hourihan, Lisa)
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Monday, March 19, 2018
37 37 8 pgs respm Memorandum in Support of Motion Mon 03/19 5:23 PM
MEMORANDUM in Support re35 Emergency MOTION for Protective Order filed by RhythmOne LLC. (Norton, Miles)
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36 36 respm Affidavit in Support of Motion Mon 03/19 5:18 PM
AFFIDAVIT in Support re35 Emergency MOTION for Protective Order Declaration of Rajiv Dharnidharka filed by RhythmOne LLC.(Norton, Miles)
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Att: 1 19 pgs Exhibit 1,
Att: 2 5 pgs Exhibit 2,
Att: 3 6 pgs Exhibit 3,
Att: 4 12 pgs Exhibit 4
35 35 3 pgs motion Protective Order Mon 03/19 5:15 PM
Emergency MOTION for Protective Order by RhythmOne LLC.(Norton, Miles)
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34 34 notice Notice of Appearance Mon 03/19 5:02 PM
NOTICE of Appearance by Miles D. Norton on behalf of RhythmOne LLC (Norton, Miles)
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Tuesday, January 16, 2018
33 33 adr Report of Alternative Dispute Resolution Provider Tue 01/16 12:48 PM
REPORT of Alternative Dispute Resolution Provider: Magistrate Judge Jennifer C. Boal reports that this case did not settle. This case should be restored to your trial list. Should the parties wish to resume mediation efforts in the future, they should contact the Deputy Clerk, Steve York.(York, Steve)
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Tuesday, January 09, 2018
31 31 minutes Telephone Conference Tue 01/09 5:15 PM
Electronic Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Telephone Conference held on 1/9/2018. The Court reviewed preliminary matters with the parties prior to the upcoming mediation. (Court Reporter: SEALED Digital Recording) To order a copy of this Digital Recording, The parties should first seek leave of the Court. If approved, please then go to[LINK:http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm] . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov. (Attorneys present: Dharnidharka & Brown for plaintiff; Lashway & Dale for the defendant;) (York, Steve)
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Tuesday, December 05, 2017
30 30 order Protective Order Tue 12/05 2:09 PM
Judge Denise J. Casper: ORDER entered. PROTECTIVE ORDER(Hourihan, Lisa)
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29 29 order Order on Motion for Protective Order Tue 12/05 2:08 PM
Judge Denise J. Casper: ELECTRONIC ORDER entered granting28 Motion for Protective Order (Hourihan, Lisa)
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Wednesday, November 29, 2017
28 28 motion Protective Order Wed 11/29 2:04 PM
Joint MOTION for Protective Order by RhythmOne LLC.(Brown, Jennifer)
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Att: 1 Exhibit A
Tuesday, November 07, 2017
27 27 discov Disclosure pursuant to Rule 26 Tue 11/07 11:12 AM
This entry is deleted at the request of counsel b/c it should not have been filed Modified on 11/7/2017 (Hourihan, Lisa)
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Friday, October 27, 2017
26 26 notice Notice of Hearing Fri 10/27 3:32 PM
ELECTRONIC NOTICE of Hearing. The Alternative Dispute Resolution Hearing is set for January 12, 2018 at 10:00 a.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. Counsel and principals are directed to be present and have full settlement authority. Each party must submit a brief (no more than 5 pages) mediation memorandum that includes a discussion of (1) the merits of the case (both strengths and weaknesses); (2) damages or other relief sought by the parties; (3) the status of discovery; and (4) the status of the parties' settlement discussions. The memoranda should be submitted BY HAND, E-MAIL to (steve_york@mad.uscourts.gov), OR MAIL WITH THE COURT no later than five (5) business days prior to the mediation and marked "Confidential - Not for Docketing." In the event that any party believes that the case is not ripe for mediation, or the date poses a serious conflict, counsel are to notify opposing counsel and call the deputy clerk at 617-748-9238 as soon as possible. Prior to the mediation, there will be a Telephone Conference set for January 9, 2018 at 11:30 a.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. The clerk will provide the call in information to all parties by email, one day prior to the upcoming telephone conference. (York, Steve)
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25 25 utility Notice of Assignment to ADR Provider Fri 10/27 10:32 AM
Notice of assignment to ADR Provider. Judge Jennifer C. Boal appointed.(Garvin, Brendan)
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Monday, October 23, 2017
24 24 1 pgs order Order Referring Case to ADR Tue 10/24 11:53 AM
Judge Denise J. Casper: ORDER entered. REFERRING CASE to Alternative Dispute Resolution.(Hourihan, Lisa)
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23 23 order Scheduling Order Tue 10/24 11:51 AM
Judge Denise J. Casper: ORDER entered. SCHEDULING ORDER.(Hourihan, Lisa)
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22 22 minutes Scheduling Conference ~Util - Set Scheduling Order Deadlines Tue 10/24 11:46 AM
Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 10/23/2017. Initial disclosures due by 11/6/17. Amended Pleadings due by 12/15/2017. Fact discovery to be completed by 3/30/18. Opening expert disclosures by 4/27/18. Rebuttal expert disclosures by 5/24/18. Expert discovery to be completed by 6/14/2018. Summary Judgment Motions due by 7/13/2018. Status Conference set for 4/9/2018 02:00 PM in Courtroom 11 before Judge Denise J. Casper. Counsel request referral to mediation but that it not be scheduled until January, 2018. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Jennifer Brown for the plaintiff. Scott Lashway for the defendant.) (Hourihan, Lisa)
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Monday, October 16, 2017
21 21 6 pgs misc Joint statement re scheduling conference Mon 10/16 12:52 PM
JOINT STATEMENT re scheduling conference .(Brown, Jennifer)
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Att: 1 Appendix A
Friday, October 13, 2017
20 20 2 pgs discov Certification pursuant to Rule 16.1 Fri 10/13 2:32 PM
CERTIFICATION pursuant to Local Rule 16.1 (d)(3) . (Lashway, Scott)
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19 19 2 pgs discov Certification pursuant to Rule 16.1 Fri 10/13 11:15 AM
CERTIFICATION pursuant to Local Rule 16.1 . (Brown, Jennifer)
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Friday, September 15, 2017
18 18 11 pgs answer Answer to Counterclaim Fri 09/15 4:54 PM
ANSWER to Counterclaim by RhythmOne LLC.(Brown, Jennifer)
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Thursday, September 07, 2017
17 17 order Order on Motion to Continue Thu 09/07 9:28 AM
Judge Denise J. Casper: ELECTRONIC ORDER entered granting16 Motion to Continue Scheduling Conference set for 10/23/2017 02:30 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
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Wednesday, September 06, 2017
16 16 motion Continue Wed 09/06 4:59 PM
Assented to MOTION to Continue The Court's September 25, 2017 Scheduling Conference by DataXu, Inc..(Lashway, Scott)
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Tuesday, August 29, 2017
15 15 order Standing Order Re: Courtroom Opportunities for Relatively Inexperienced Attorneys Tue 08/29 3:59 PM
Judge Denise J. Casper: ORDER entered. Standing Order Re: Courtroom Opportunities for Relatively Inexperienced Attorneys(Hourihan, Lisa)
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14 14 notice Notice of Scheduling Conference Tue 08/29 3:59 PM
NOTICE of Scheduling Conference Scheduling Conference set for 9/25/2017 02:30 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
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13 13 order Order on Motion for Extension of Time Tue 08/29 3:57 PM
Judge Denise J. Casper: ELECTRONIC ORDER entered granting nunc pro tunc 11 Motion for Extension of Time to 8/25/17 to Respond to Complaint by DataXu, Inc. (Hourihan, Lisa)
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Friday, August 25, 2017
12 12 23 pgs answer Answer to Complaint Counterclaim Fri 08/25 3:13 PM
ANSWER to1 Complaint, with Jury Demand , COUNTERCLAIM against RhythmOne LLC by DataXu, Inc..(Lashway, Scott)
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Friday, August 18, 2017
11 11 motion Extension of Time Fri 08/18 1:18 PM
Assented to MOTION for Extension of Time to August 25, 2017 to Respond to Complaint by DataXu, Inc..(Lashway, Scott)
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Friday, August 11, 2017
10 10 misc Corporate Disclosure Statement Fri 08/11 5:00 PM
CORPORATE DISCLOSURE STATEMENT by DataXu, Inc.. (Lashway, Scott)
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9 9 order Order on Motion for Extension of Time Fri 08/11 12:00 PM
Judge Denise J. Casper: ELECTRONIC ORDER entered granting8 Motion for Extension of Time to Respond to the Complaint to 8/18/17 (Hourihan, Lisa)
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8 8 motion Extension of Time Fri 08/11 11:11 AM
Assented to MOTION for Extension of Time to August 18, 2017 to Respond to Complaint by DataXu, Inc..(Lashway, Scott)
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Wednesday, July 26, 2017
7 7 order Order on Motion for Leave to Appear Wed 07/26 11:38 AM
Judge Denise J. Casper: ELECTRONIC ORDER entered granting3 Motion for Leave to Appear Pro Hac Vice Added Rajiv Dharnidharka. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Hourihan, Lisa)
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Friday, July 21, 2017
6 6 notice Notice of Appearance Fri 07/21 3:35 PM
NOTICE of Appearance by Scott T. Lashway on behalf of DataXu, Inc. (Lashway, Scott)
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5 5 service Summons Issued Fri 07/21 3:13 PM
Summons Issued as to DataXu, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (DaSilva, Carolina)
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4 4 notice Notice of Case Assignment Fri 07/21 3:13 PM
ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (DaSilva, Carolina)
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3 3 motion Appear Pro Hac Vice Fri 07/21 12:15 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Rajiv Dharnidharka Filing fee: $ 100, receipt number 0101-6721636 by RhythmOne LLC.(Unter, Jennifer)
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Att: 1 Exhibit A,
Att: 2 Exhibit B
2 2 misc Corporate Disclosure Statement Fri 07/21 11:29 AM
CORPORATE DISCLOSURE STATEMENT by RhythmOne LLC. (Unter, Jennifer)
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1 1 cmp Complaint Fri 07/21 11:22 AM
COMPLAINT against DataXu, Inc. Filing fee: $ 400, receipt number 0101-6720818 (Fee Status: Filing Fee paid), filed by RhythmOne LLC.(Unter, Jennifer)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E,
Att: 6 Exhibit F,
Att: 7 Civil Cover Sheet,
Att: 8 Civil Category Form,
Att: 9 Summons