BROCADE COMMUNICATIONS SYSTEMS LLC et al v. THE SALEM GROUP, INC. et al
North Carolina Middle District Court | |
Judge: | Catherine C Eagles |
Referred: | Joi Elizabeth Peake |
Case #: | 1:21-cv-00382 |
Nature of Suit | 840 Property Rights - Trademark |
Cause | 15:1114 Trademark Infringement |
Case Filed: | May 14, 2021 |
Terminated: | Feb 02, 2022 |
Last checked: Wednesday Nov 10, 2021 3:56 AM EST |
Defendant
DAVID ROSENBLATT
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Represented By
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Defendant
THE SALEM GROUP, INC.
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Represented By
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Plaintiff
AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED
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Represented By
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Plaintiff
BROCADE COMMUNICATIONS SYSTEMS LLC
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Represented By
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Docket last updated: 57 minutes ago |
Wednesday, February 02, 2022 | ||
48 | 48
![]() ORDER GRANTING DISMISSAL WITH PREJUDICE signed by JUDGE CATHERINE C. EAGLES on 2/2/2022; All claims and defenses filed by the parties are hereby dismissed with prejudice. The parties shall bear their own fees and costs. The Court retains jurisdiction to enforce the settlement agreement reached between the parties, as well as the Entry of Permanent Injunction Upon Consent entered by the Court in the North Carolina District Court Action at Docket32 . (Sheets, Jamie) |
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Tuesday, February 01, 2022 | ||
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Case Referred to Judge
Tue 02/01 8:35 AM
CASE REFERRED RE:47 Stipulation of Dismissal to JUDGE CATHERINE C. EAGLES (Winchester, Robin) |
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Monday, January 31, 2022 | ||
47 | 47
![]() STIPULATION of Dismissal of Case by AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED, BROCADE COMMUNICATIONS SYSTEMS LLC.(MORROW, JOHN) |
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Att: 1
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Monday, January 24, 2022 | ||
46 | 46
![]() NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiffs AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED, BROCADE COMMUNICATIONS SYSTEMS LLC. ANDREW M. LUGER is substituted as counsel for Plaintiffs. Attorney ANDREW M. LUGER terminated. (LUGER, ANDREW) |
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Thursday, January 20, 2022 | ||
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Case Reported Settled
Thu 01/20 3:22 PM
Case Reported Settled by counsel for plaintiff, Attorney John F. Morrow, Jr. Stipulation of Dismissal due by 2/22/2022. (Winchester, Robin) |
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Wednesday, December 29, 2021 | ||
order
Mediation Scheduling Order
Wed 12/29 12:22 PM
MEDIATION SCHEDULING ORDER; Selection of Mediator due by 1/19/2022. Mediation due by 4/22/2022. (Bond, Melisa) |
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Tuesday, December 28, 2021 | ||
45 | 45
![]() ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 12/28/2021; that the parties' Joint Rule 26(f) Report [Doc. #43 ] and Joint Local Rule 5.5 Report [Doc. #44 ] are approved as submitted and as noted herein. Discovery shall be designated in LR 26.1 as: Complex. Discovery due by 6/17/2022. Plaintiff's Amended Pleadings due by 1/14/2022. Defendant's Amended Pleadings due by 1/14/2022. Joinder of Parties for Plaintiff due by 1/14/2022. Joinder of Parties for Defendant due by 1/14/2022. The parties have discussed special procedures for managing this case, including reference of the case to a Magistrate Judge on consent of the parties under 28 U.S.C. § 636(c), or appointment of a master. The parties have declined the use of these procedures. Dispositive Motions due by 7/15/2022. Trial of the action is expected to take approximately three (3) days. A jury trial has been demanded. (Hicks, Samantha) |
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Tuesday, December 14, 2021 | ||
44 | 44
![]() L.R. 5.5 Report-Joint filed by all parties by AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED, BROCADE COMMUNICATIONS SYSTEMS LLC.(MORROW, JOHN) |
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Motions Referred
Tue 12/14 1:55 PM
Motions Referred: RE:43 Rule 26(f) Report (Joint) filed by all parties,44 L.R. 5.5 Report-Joint filed by all parties, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
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Monday, December 13, 2021 | ||
43 | 43
![]() Rule 26(f) Report (Joint) filed by all parties by AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED, BROCADE COMMUNICATIONS SYSTEMS LLC.(MORROW, JOHN) |
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Att: 1
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Wednesday, November 24, 2021 | ||
42 | 42
![]() ANSWER to Amended Complaint by DAVID ROSENBLATT, THE SALEM GROUP, INC.. (FRIEL, CANDACE) |
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Thursday, November 11, 2021 | ||
41 | 41
![]() AMENDED COMPLAINT against defendant DAVID ROSENBLATT, THE SALEM GROUP, INC., filed by BROCADE COMMUNICATIONS SYSTEMS LLC, AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED.(MORROW, JOHN) |
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Wednesday, November 10, 2021 | ||
40 | 40
![]() ORDER signed by JUDGE CATHERINE C. EAGLES on 11/10/2021; that the Consent Motion, Doc.39 , is GRANTED. The plaintiff SHALL file the amended complaint within 5 days. The motion for judgment on the pleadings, Doc.36 , is DENIED as moot, as the amended complaint does not contain the claim at issue in the motion. (Sheets, Jamie) |
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Motions Submitted
Wed 11/10 10:54 AM
Motions Submitted:39 Consent MOTION to Amend1 Complaint, to JUDGE CATHERINE C. EAGLES. (Winchester, Robin) |
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Tuesday, November 09, 2021 | ||
39 | 39
![]() Consent MOTION to Amend1 Complaint, by AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED, BROCADE COMMUNICATIONS SYSTEMS LLC. Response to Motion due by 11/30/2021(MORROW, JOHN) |
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Att: 1
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Att: 2
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Wednesday, October 27, 2021 | ||
38 | 38
![]() NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 12/16/2021 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim) |
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Friday, October 22, 2021 | ||
37 | 37
![]() MEMORANDUM filed by Defendants DAVID ROSENBLATT, THE SALEM GROUP, INC. re36 MOTION for Judgment on the Pleadings filed by DAVID ROSENBLATT, THE SALEM GROUP, INC.. (WILSON, GROVER) |
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36 | 36
![]() MOTION for Judgment on the Pleadings by DAVID ROSENBLATT, THE SALEM GROUP, INC.. Response to Motion due by 11/12/2021 (WILSON, GROVER) |
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35 | 35
![]() Defendants' ANSWER to1 Complaint, with Jury Demand by DAVID ROSENBLATT, THE SALEM GROUP, INC.. (WILSON, GROVER) |
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Friday, October 08, 2021 | ||
34 | 34
![]() ORDER signed by JUDGE CATHERINE C. EAGLES on 10/8/2021. The defendants' motion for more definite statement (Doc.19 ) is DENIED. The defendants shall file a responsive pleading no later than October 22, 2021. (Daniel, J) |
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Wednesday, October 06, 2021 | ||
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Motions Submitted
Wed 10/06 10:46 AM
Motions Submitted:19 MOTION for More Definite Statement to JUDGE CATHERINE C. EAGLES- (Winchester, Robin) |
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Tuesday, October 05, 2021 | ||
33 | 33
![]() MEMORANDUM filed by Defendants DAVID ROSENBLATT, THE SALEM GROUP, INC. re25 Response in Opposition to Motion, filed by DAVID ROSENBLATT, THE SALEM GROUP, INC.. (WILSON, GROVER) |
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Thursday, September 23, 2021 | ||
32 | 32
![]() ENTRY OF PERMANENT INJUNCTION UPON CONSENT , signed by JUDGE CATHERINE C. EAGLES on 9/23/21. ORDERED, ADJUDGED, and DECREED that Defendants and their officers, members, agents, representatives, employees, successors and assigns, and all others in active concert or participation with them, are hereby PERMANENTLY ENJOINED and RESTRAINED from: 1. Downloading, making, using, buying, selling, transferring, or otherwise trading in counterfeit or unauthorized copies of Plaintiffs license keys; 2. Downloading, making, using, buying, selling, transferring, or otherwise trading in unauthorized copies of Plaintiffs' Fabric Operating Software, Brocade Network Advisor (BNA), or Brocade SANnav, or any associated unauthorized copies of upgrades of Plaintiffs' Fabric Operating Software, BNA or SANnav. This Order shall not apply to upgrades of Brocade storage area networking switches for which there is a valid and active support contract in place for the specific Brocade storage area networking switch being upgraded (i.e., a valid support contract from Brocade or a Brocade OEM that corresponds specifically to the World Wide Name (WWN) of the switch being upgraded); 3. Using in any manner Plaintiffs "Wings" trademarks or any colorable imitation which so resembles said trademarks as to be likely to cause confusion, deception, or mistake on or in connection with the advertising, 4 offering for sale, sale, public operation, public display, or public use of any products or services not authorized by Plaintiffs; 4. Committing any acts calculated to cause purchasers to believe that Defendants products or services are those sold under the control or supervision of Plaintiffs, or sponsored or approved by, or connected with, or guaranteed by, or produced under the control and supervision of Plaintiffs; and5. Assisting any other party in committing the acts described above in Paragraphs (1)(4).This Consent Order shall in no way impair any rights or defenses asserted in this action by Defendants, nor shall this Consent Order be construed in any way to constitute an evidential or other admission against either Defendant. (Butler, Carol) |
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Motions Submitted
Thu 09/23 7:44 AM
Motions Submitted:31 Consent MOTION for Permanent Injunction [Consent Motion for Entry of Stipulated Permanent Injunction] to JUDGE CATHERINE C. EAGLES. (Winchester, Robin) |
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order
Order
Thu 09/23 2:25 PM
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 9/23/2021. The Consent Permanent Injunction, Doc.32 , does not resolve all the issues between the parties. The Court sees from a review of the docket that the parties have repeatedly sought extensions of time, sometimes more than once. See, e.g., Docs.14 ,21 ,23 ,26 . The parties are advised that going forward extensions of time will not be granted as a matter of course and that the Court expects the parties to comply with the generous deadlines in the Local Rules. If settlement discussions are ongoing, they can occur at the same time as briefing, discovery, and other case-related activities. (Marsh, Keah) |
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Wednesday, September 22, 2021 | ||
31 | 31
![]() Consent MOTION for Permanent Injunction [Consent Motion for Entry of Stipulated Permanent Injunction] by AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED, BROCADE COMMUNICATIONS SYSTEMS LLC. Response to Motion due by 10/13/2021(MORROW, JOHN) |
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Att: 1
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Thursday, September 16, 2021 | ||
30 | 30
![]() NOTICE of Special Appearance by attorney JACOB A. VANDELIST on behalf of Plaintiffs AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED, BROCADE COMMUNICATIONS SYSTEMS LLC ( Filing fee $ 25 receipt number 0418-3134846.) (VANDELIST, JACOB) |
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29 | 29
![]() NOTICE of Special Appearance by attorney ERIN SINDBERG PORTER on behalf of Plaintiffs AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED, BROCADE COMMUNICATIONS SYSTEMS LLC ( Filing fee $ 25 receipt number 0418-3134835.) (SINDBERG PORTER, ERIN) |
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28 | 28
![]() NOTICE of Special Appearance by attorney ANDREW M. LUGER on behalf of Plaintiffs AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED, BROCADE COMMUNICATIONS SYSTEMS LLC ( Filing fee $ 25 receipt number 0418-3134814.) (LUGER, ANDREW) |
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Tuesday, September 14, 2021 | ||
27 | 27
![]() ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/14/21, that the Motion for Extension of Time [Doc. #26 ] is GRANTED, and the time for Defendants, The Salem Group and David Rosenblatt, to file a reply to Plaintiffs' Memorandum in Opposition to Defendants Motion for More Definite Statement in this action is extended to and including the 5th day of October, 2021. Replies due by 10/5/2021. (Butler, Carol) |
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Tuesday, September 07, 2021 | ||
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Motions Referred
Tue 09/07 3:31 PM
Motions Referred: RE:26 Consent MOTION for Extension of Time to File Response/Reply as to25 Response in Opposition to Motion, , to MAG/JUDGE JOI ELIZABETH PEAKE (Winchester, Robin) |
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Friday, September 03, 2021 | ||
26 | 26
![]() Consent MOTION for Extension of Time to File Response/Reply as to25 Response in Opposition to Motion, by DAVID ROSENBLATT, THE SALEM GROUP, INC..(FRIEL, CANDACE) |
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Att: 1
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Wednesday, September 01, 2021 | ||
25 | 25
![]() RESPONSE in Opposition re19 MOTION for More Definite Statement filed by THE SALEM GROUP, INC. filed by AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED, BROCADE COMMUNICATIONS SYSTEMS LLC. Replies due by 9/15/2021 (MORROW, JOHN) |
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Monday, August 16, 2021 | ||
24 | 24
![]() ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 08/16/2021, that the Consent Motion [Doc. #23 ] is GRANTED and Plaintiffs shall have up to and including September 7, 2021 within which to respond to Defendants' Motion for More Definite Statement. Further extensions are not anticipated, as noted herein.(Taylor, Abby) |
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Wednesday, August 11, 2021 | ||
23 | 23
![]() Consent MOTION for Extension of Time to File Response/Reply as to19 MOTION for More Definite Statement by AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED, BROCADE COMMUNICATIONS SYSTEMS LLC.(MORROW, JOHN) |
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Att: 1
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Motions Referred
Wed 08/11 10:23 AM
Motions Referred: RE:23 Consent MOTION for Extension of Time to File Response/Reply as to19 MOTION for More Definite Statement , to MAG/JUDGE JOI ELIZABETH PEAKE (Winchester, Robin) |
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Monday, July 19, 2021 | ||
22 | 22
![]() ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 07/19/2021, that the Consent Motion [Doc. #21] is GRANTED and Plaintiffs shall have up to and including August 18, 2021 within which to respond to Defendants' Motion for More Definite Statement. (Garland, Leah) |
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Wednesday, July 14, 2021 | ||
21 | 21
![]() Consent MOTION for Extension of Time to File Response/Reply as to19 MOTION for More Definite Statement by AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED, BROCADE COMMUNICATIONS SYSTEMS LLC.(MORROW, JOHN) |
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Att: 1
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Motions Referred
Wed 07/14 10:48 AM
Motions Referred: RE:21 Consent MOTION for Extension of Time to File Response/Reply as to19 MOTION for More Definite Statement to MAG/JUDGE JOI ELIZABETH PEAKE (Sanders, Marlene) |
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Monday, June 28, 2021 | ||
20 | 20
![]() Supporting BRIEF to19 Motion for More Definite Statement, filed by THE SALEM GROUP, INC. (WILSON, GROVER) Modified on 6/28/2021 to correct docket entry relationship. (Garland, Leah) |
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19 | 19
![]() MOTION for More Definite Statement by THE SALEM GROUP, INC.. Response to Motion due by 7/19/2021 (WILSON, GROVER) |
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Thursday, June 10, 2021 | ||
18 | 18
![]() REVISED STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES (Winchester, Robin) |
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Friday, June 04, 2021 | ||
17 | 17
![]() ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 06/04/2021, that the Motion for Extension of Time [Doc. #14 is GRANTED, and the time for Defendants, The Salem Group and David Rosenblatt, to file an answer or otherwise respond to Plaintiffs' Complaint in this action is and shall be extended to and including the 28th day of June, 2021. (Taylor, Abby) |
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Friday, May 28, 2021 | ||
16 | 16
![]() NOTICE of Attorney Appearance by attorney JOHN D. WOOTEN, IV on behalf of Plaintiffs AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED, BROCADE COMMUNICATIONS SYSTEMS LLC (WOOTEN, JOHN) |
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Wednesday, May 26, 2021 | ||
15 | 15
![]() CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant THE SALEM GROUP, INC. (FRIEL, CANDACE) |
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14 | 14
![]() MOTION for Extension of Time to File Answer re1 Complaint, by DAVID ROSENBLATT, THE SALEM GROUP, INC..(FRIEL, CANDACE) |
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Att: 1
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13 | 13
![]() NOTICE of Attorney Appearance by attorney CANDACE SCOTT FRIEL on behalf of Defendants DAVID ROSENBLATT, THE SALEM GROUP, INC. (FRIEL, CANDACE) |
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12 | 12
![]() NOTICE of Attorney Appearance by attorney GROVER GRAY WILSON on behalf of Defendants DAVID ROSENBLATT, THE SALEM GROUP, INC. (WILSON, GROVER) |
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Motions Referred
Wed 05/26 4:47 PM
Motions Referred: RE:14 MOTION for Extension of Time to File Answer re1 Complaint, to MAG/JUDGE JOI ELIZABETH PEAKE (Sanders, Marlene) |
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Friday, May 21, 2021 | ||
11 | 11
![]() SUMMONS Returned Executed by BROCADE COMMUNICATIONS SYSTEMS LLC, AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED as to THE SALEM GROUP, INC. served on 5/18/2021, answer due 6/8/2021. (MORROW, JOHN) |
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10 | 10
![]() SUMMONS Returned Executed by BROCADE COMMUNICATIONS SYSTEMS LLC, AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED as to DAVID ROSENBLATT served on 5/17/2021, answer due 6/7/2021. (MORROW, JOHN) |
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Monday, May 17, 2021 | ||
9 | 9
![]() STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES (Sanders, Marlene) |
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Friday, May 14, 2021 | ||
8 | 8
![]() AMENDED DOCUMENT by AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED. Amendment to3 Corporate Disclosure Statement - 7.1(a) . (MORROW, JOHN) |
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7 | 7
![]() Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Sheets, Jamie) |
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Att: 1
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6 | 6
![]() Summons Issued as to THE SALEM GROUP, INC., DAVID ROSENBLATT. (Sheets, Jamie) |
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Att: 1
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4 | 4
![]() NOTICE of Attorney Appearance by attorney JOHN F. MORROW, JR on behalf of Plaintiffs AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED, BROCADE COMMUNICATIONS SYSTEMS LLC (MORROW, JOHN) |
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3 | 3
![]() CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED. (MORROW, JOHN) |
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2 | 2
![]() CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff BROCADE COMMUNICATIONS SYSTEMS LLC. (MORROW, JOHN) |
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1 | 1
![]() COMPLAINT [JURY TRIAL DEMANDED] against DAVID ROSENBLATT, THE SALEM GROUP, INC. ( Filing fee $ 402 receipt number 0418-3048693.), filed by BROCADE COMMUNICATIONS SYSTEMS LLC, AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED.(MORROW, JOHN) |
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Case Referred to Mediation
Fri 05/14 2:18 PM
CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Sheets, Jamie) |
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Case Assigned
Fri 05/14 2:58 PM
Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOI ELIZABETH PEAKE. (Sheets, Jamie) |