Capital Security Systems, Inc. v. NCR Corporation
| Georgia Northern District Court | |
| Judge: | Timothy C Batten, Sr |
| Case #: | 1:23-cv-04691 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity-Fraud |
| Case Filed: | Oct 13, 2023 |
| Terminated: | Apr 02, 2025 |
| Last checked: Thursday Apr 11, 2024 5:31 AM EDT |
|
Defendant
NCR Corporation
|
Represented By
|
|
Plaintiff
Capital Security Systems, Inc.
|
Represented By
|
| Docket last updated: 24 minutes ago |
| Tuesday, May 06, 2025 | ||
| 35 | 35
appeal
USCA Acknowledgment
Tue 05/06 8:58 AM
USCA Acknowledgment of33 Notice of Appeal filed by Capital Security Systems, Inc. Case Appealed to USCA- 11th Circuit. Case Number 25-11532 A. (pjm) |
|
| Friday, May 02, 2025 | ||
| 34 | 34
appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Fri 05/02 2:52 PM
Transmission of Certified Copy of Notice of Appeal, Judgment, Order, and Docket Sheet to USCA- 11th Circuit re:33 Notice of Appeal. There is no transcript. Appeal fees have been paid on receipt# AGANDC-14268898. The District Judge is Timothy C. Batten, Sr. (pjm) |
|
| 33 | 33
appeal
Notice of Appeal
Fri 05/02 2:09 PM
NOTICE OF APPEAL as to29 Clerk's Judgment by Capital Security Systems, Inc.. Case Appealed to USCA - 11th Circuit. Filing fee $ 605, receipt number AGANDC-14268898. Transcript Order Form due on 5/16/2025 (Woodhouse, Samuel) |
|
| Monday, April 28, 2025 | ||
| 32 | 32
respm
Response (Non-Motion)
Mon 04/28 8:42 PM
RESPONSE re31 Response (Non-Motion) Reply In Support of Evidence of Attorney's Fees and Costs filed by NCR Corporation. (Gage, Rachel) |
|
| Monday, April 21, 2025 | ||
| 31 | 31
respm
Response (Non-Motion)
Mon 04/21 7:54 PM
RESPONSE re30 Notice of Filing filed by Capital Security Systems, Inc.. (Lobbin, Stephen) |
|
| Wednesday, April 09, 2025 | ||
| 30 | 30
notice
Notice of Filing
Wed 04/09 8:23 AM
NOTICE of Filing Request for Attorneys Fees by NCR Corporation re25 Reply Brief(Gage, Rachel) |
|
|
Att: 1
Affidavit Declaration of Rachel F. Gage in Support of Request for Attorneys Fees
|
||
| Wednesday, April 02, 2025 | ||
| 29 | 29
misc
Judgment - Clerk
Wed 04/02 4:56 PM
CLERK'S JUDGMENT in favor of Defendant against Plaintiff (jkb) |
|
| 28 | 28
31
pgs
order
Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Sanctions
Wed 04/02 4:51 PM
ORDER granting16 Motion to Dismiss for Failure to State a Claim; granting23 Motion for Sanctions. As a sanction for failing to conduct a reasonable inquiry before filing a paper with the Court, NCR's motion23 for sanctions is GRANTED. SML Avvocati P.C. and The Woodhouse Law Firm are ordered to pay Robbins Alloy Belinfante Littlefield LLC's reasonable attorney's fees and litigation expenses incurred in defending against CSSs claim. For all fees awarded herein, NCR is directed to present evidence of its attorney's fees and costs within seven days of the date of entry of this Order. CSS will have ten days from the date of that filing within which to respond to the fee request. NCR shall have seven days to reply. Signed by Judge Timothy C. Batten, Sr. on 4/2/2025. (jkb) |
|
|
utility
Terminate Civil Case
Wed 04/02 4:57 PM
Civil Case Terminated. (jkb) |
||
|
utility
Docket Correction
Tue 04/08 8:04 AM
Notification of Docket Correction re29 Clerk's Judgment, Terminate Case were done in error. (jkb) |
||
| Friday, February 28, 2025 | ||
|
utility
Submission to District Judge
Fri 02/28 8:22 AM
Submission of16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Amended Complaint , to District Judge Timothy C. Batten Sr. (jkb) |
||
| Thursday, February 27, 2025 | ||
| 27 | 27
8
pgs
respm
Reply Brief
Thu 02/27 11:02 PM
REPLY BRIEF re16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Amended Complaint ,20 MOTION for Leave to File Sur-Reply to the Reply to Defendant Motion to Dismiss Plaintiffs Amended Complaint filed by Capital Security Systems, Inc..(Lobbin, Stephen) |
|
|
Att: 1
24 pgs
Exhibit A,
|
||
|
Att: 2
4 pgs
Exhibit B,
|
||
|
Att: 3
Exhibit C,
|
||
|
Att: 4
Exhibit D
|
||
| Thursday, February 06, 2025 | ||
| 26 | 26
2
pgs
order
Order on Motion for Leave to File
Thu 02/06 4:42 PM
ORDER granting in part and denying in part20 Motion for Leave to File. The Court GRANTS its request to file a sur-reply, not to exceed fifteen pages, and DENIES its request for oral argument. Plaintiff shall file its sur-reply within twenty-one days of this Order. Signed by Judge Timothy C. Batten, Sr. on 2/6/2025. (jkb) |
|
| Tuesday, November 26, 2024 | ||
| 25 | 25
respm
Reply Brief
Tue 11/26 2:14 PM
REPLY BRIEF re23 MOTION for Sanctions Rule 11 from Defendant NCR Voyix Corporation filed by NCR Corporation. (Gage, Rachel) |
|
|
utility
Submission to District Judge
Tue 11/26 3:42 PM
Submission of23 MOTION for Sanctions Rule 11 from Defendant , to District Judge Timothy C. Batten Sr.. (jkb) |
||
| Wednesday, November 13, 2024 | ||
| 24 | 24
respm
Response in Opposition to Motion
Wed 11/13 11:12 PM
RESPONSE in Opposition re23 MOTION for Sanctions Rule 11 from Defendant filed by Capital Security Systems, Inc.. (Lobbin, Stephen) |
|
| Wednesday, October 30, 2024 | ||
| 23 | 23
motion
Sanctions
Wed 10/30 2:10 PM
MOTION for Sanctions Rule 11 from Defendant with Brief In Support by NCR Corporation.(Gage, Rachel) |
|
|
Att: 1
Exhibit Exhibit 1
|
||
| Wednesday, May 15, 2024 | ||
| 22 | 22
1
pgs
order
Order
Wed 05/15 10:53 AM
ORDER vacating21 Order Referring Case to Magistrate Judge. Signed by Judge Timothy C. Batten, Sr. on 5/15/2024. (dmb) |
|
|
utility
Docket Correction
Wed 05/15 8:14 AM
Notification of Docket Correction re21 Order Referring Case to Magistrate Judge. Magistrate Judge Larkins referred in error. (aar) |
||
| Tuesday, May 14, 2024 | ||
| 21 | 21
2
pgs
order
Order Referring Case to Magistrate Judge
Tue 05/14 2:43 PM
VACATED PER 22 ORDER ORDER REFERRING CASE to Magistrate Judge John K. Larkins, III Signed by Judge Timothy C. Batten, Sr. on 5/14/2024. (dmb) Modified on 5/15/2024 (dmb) |
|
| Tuesday, April 30, 2024 | ||
|
utility
Submission to District Judge
Tue 04/30 11:45 AM
Submission of20 MOTION for Leave to File Sur-Reply to the Reply to Defendant Motion to Dismiss Plaintiffs Amended Complaint to District Judge Timothy C. Batten Sr.. (dmb) |
||
| Wednesday, April 10, 2024 | ||
| 20 | 20
motion
Leave to File Document
Wed 04/10 6:56 PM
MOTION for Leave to File Sur-Reply to the Reply to Defendant Motion to Dismiss Plaintiffs Amended Complaint with Brief In Support by Capital Security Systems, Inc.. (Woodhouse, Samuel) |
|
| Tuesday, April 09, 2024 | ||
|
utility
Submission to District Judge
Tue 04/09 4:28 PM
Submission of16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Amended Complaint to District Judge Timothy C. Batten Sr.. (dmb) |
||
| Tuesday, April 02, 2024 | ||
| 19 | 19
respm
Reply to Response to Motion
Tue 04/02 3:38 PM
REPLY to Response to Motion re16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Amended Complaint filed by NCR Corporation.(Gage, Rachel) |
|
|
Att: 1
Exhibit 1 - Response to Document Requests in Underlying Litigation,
|
||
|
Att: 2
Exhibit 2 - Response to Interrogatories in Underlying Litigation
|
||
| Wednesday, March 20, 2024 | ||
| 18 | 18
misc
Affidavit
Wed 03/20 12:24 AM
AFFIDAVIT re17 Response in Opposition to Motion Certificate of Service by Capital Security Systems, Inc.. (Lobbin, Stephen) |
|
| Tuesday, March 19, 2024 | ||
| 17 | 17
respm
Response in Opposition to Motion
Tue 03/19 11:12 PM
RESPONSE in Opposition re16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Amended Complaint filed by Capital Security Systems, Inc.. (Lobbin, Stephen) |
|
| Tuesday, March 05, 2024 | ||
| 16 | 16
motion
Dismiss for Failure to State a Claim
Tue 03/05 5:02 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Amended Complaint with Brief In Support by NCR Corporation.(Gage, Rachel) |
|
|
Att: 1
Brief,
|
||
|
Att: 2
Exhibit 1 - Case No. 1:14-cv-1516 Dkt. 133,
|
||
|
Att: 3
Exhibit 2 - Case No. 1:14-cv-1516 Dkt. 145,
|
||
|
Att: 4
Exhibit 3 - Case No. 1:14-cv-1516 Dkt. 192,
|
||
|
Att: 5
Exhibit 4 - Case No. 1:14-cv-1516 Dkt. 193,
|
||
|
Att: 6
Exhibit 5 - Federal Circuit opinion,
|
||
|
Att: 7
Exhibit 6 - Case No. 1:14-cv-1516 Dkt. 243,
|
||
|
Att: 8
Exhibit 7 - Case No. 1:14-cv-1516 Dkt. 248,
|
||
|
Att: 9
Exhibit 8 - Florida Complaint,
|
||
|
Att: 10
Exhibit 9 - Case No. 1:14-cv-1516 Dkt. 223,
|
||
|
Att: 11
Exhibit 10 - Case No. 1:14-cv-1516 Dkt. 227
|
||
| Monday, February 26, 2024 | ||
|
utility
Submission to District Judge
Mon 02/26 2:32 PM
Submission of14 Order on Motion to Dismiss for Failure to State a Claim and15 Amended Complaint to District Judge Timothy C. Batten Sr. (dmb) |
||
| Tuesday, February 20, 2024 | ||
| 15 | 15
cmp
Amended Complaint
Tue 02/20 11:58 PM
First AMENDED COMPLAINT against Capital Security Systems, Inc.with Jury Demand filed by Capital Security Systems, Inc..(Lobbin, Stephen) |
|
|
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
Exhibit G,
|
||
|
Att: 8
Exhibit H,
|
||
|
Att: 9
Exhibit I,
|
||
|
Att: 10
Exhibit J,
|
||
|
Att: 11
Exhibit K
|
||
| Tuesday, January 30, 2024 | ||
| 14 | 14
2
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Tue 01/30 12:02 PM
ORDER denying without prejudice9 Motion to Dismiss for Failure to State a Claim. Capital Systems is ordered to file an amended complaint within 21 days. Signed by Judge Timothy C. Batten, Sr. on 1/30/2024. (dmb) |
|
| Wednesday, January 10, 2024 | ||
| 13 | 13
1
pgs
order
Order Reassigning Case
Wed 01/10 4:31 PM
ORDER REASSIGNING CASE. Case reassigned to Judge Timothy C. Batten, Sr. for all further proceedings. Judge Sarah E. Geraghty no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:23-cv-04691-TCB. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Sarah E. Geraghty on 1/10/2024. (ane) |
|
|
utility
Submission to District Judge
Wed 01/10 4:34 PM
Submission of9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Timothy C. Batten Sr. (ane) |
||
| Wednesday, December 20, 2023 | ||
|
utility
Submission to District Judge
Wed 12/20 10:27 AM
Submission of9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Sarah E. Geraghty. (sap) |
||
| Tuesday, December 19, 2023 | ||
| 12 | 12
misc
Joint Preliminary Report and Discovery Plan
Tue 12/19 10:49 PM
JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Capital Security Systems, Inc.. (Lobbin, Stephen) |
|
| 11 | 11
respm
Reply to Response to Motion
Tue 12/19 5:15 PM
REPLY to Response to Motion re9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by NCR Corporation. (Gage, Rachel) |
|
| Tuesday, December 05, 2023 | ||
| 10 | 10
respm
Response in Opposition to Motion
Tue 12/05 11:45 PM
RESPONSE in Opposition re9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Capital Security Systems, Inc.. (Lobbin, Stephen) |
|
| Tuesday, November 21, 2023 | ||
| 9 | 9
motion
Dismiss for Failure to State a Claim
Tue 11/21 3:36 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by NCR Corporation.(Gage, Rachel) |
|
|
Att: 1
Brief in Support of Motion to Dismiss,
|
||
|
Att: 2
Exhibit 1 - Case No. 1:14-cv-1516 Dkt. 133,
|
||
|
Att: 3
Exhibit 2 - Case No. 1:14-cv-1516 Dkt. 145,
|
||
|
Att: 4
Exhibit 3 - Case No. 1:14-cv-1516 Dkt. 192,
|
||
|
Att: 5
Exhibit 4 - Case No. 1:14-cv-1516 Dkt. 193,
|
||
|
Att: 6
Exhibit 5 - Federal Circuit opinion,
|
||
|
Att: 7
Exhibit 6 - Case No. 1:14-cv-1516 Dkt. 243,
|
||
|
Att: 8
Exhibit 7 - Case No. 1:14-cv-1516 Dkt. 248,
|
||
|
Att: 9
Exhibit 8 - Florida Complaint,
|
||
|
Att: 10
Exhibit 9 - Case No. 1:14-cv-1516 Dkt. 223,
|
||
|
Att: 11
Exhibit 10 - Case No. 1:14-cv-1516 Dkt. 227
|
||
| Friday, November 03, 2023 | ||
| 8 | 8
service
Affidavit of Service
Fri 11/03 11:40 AM
AFFIDAVIT of Service for Summons, Complaint with Exhibits A-K, Civil Cover Sheet , as to NCR Corporation. (Woodhouse, Samuel) |
|
| Monday, October 30, 2023 | ||
| 7 | 7
order
Order on Application for Admission Pro Hac Vice
Mon 10/30 11:00 AM
ORDER GRANTING5 Application for Admission Pro Hac Vice of Stephen Lobbin. Signed by Judge Sarah E. Geraghty on 10/30/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ane) |
|
| Friday, October 27, 2023 | ||
| 6 | 6
30+
pgs
order
Order
Fri 10/27 4:38 PM
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Sarah E. Geraghty on 10/27/2023. (sap) |
|
|
misc
Approval of Application for Admission PHV
Fri 10/27 12:48 PM
APPROVAL by Clerks Office re:5 APPLICATION for Admission of Stephen Lobbin Pro Hac Vice (Application fee $ 100, receipt number AGANDC-12987752. Attorney Stephen Michael Lobbin added appearing on behalf of Capital Security Systems, Inc. E-filing access may be requested after an order granting the application is entered. (rvb) |
||
| Thursday, October 26, 2023 | ||
| 5 | 5
motion
Application for Admission Pro Hac Vice
Thu 10/26 12:44 PM
APPLICATION for Admission of Stephen Lobbin Pro Hac Vice.by Capital Security Systems, Inc.. (Woodhouse, Samuel) |
|
|
misc
Return of Application for Admission PHV
Thu 10/26 11:08 AM
RETURN of4 APPLICATION for Admission of Stephen Lobbin Pro Hac Vice (Application fee $ 100, receipt number AGANDC-12987752) to attorney for correction. Reason for return: You have e-filed the PHV application form instead of the application. You must select "create application" and print the application to PDF before e-filing. (rvb) |
||
| Wednesday, October 25, 2023 | ||
| 4 | 4
motion
Application for Admission Pro Hac Vice
Wed 10/25 4:06 PM
APPLICATION for Admission of Stephen Lobbin Pro Hac Vice (Application fee $ 100, receipt number AGANDC-12987752).by Capital Security Systems, Inc.. (Woodhouse, Samuel) |
|
| Monday, October 16, 2023 | ||
| 3 | 3
misc
Letter re:83.1
Mon 10/16 2:51 PM
Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Stephen Michael Lobbin. Clerk to follow-up by 10/26/2023. (djs) |
|
| 2 | 2
service
Electronic Summons Issued
Mon 10/16 10:34 AM
Electronic Summons Issued as to NCR Corporation. (tas) |
|
| Friday, October 13, 2023 | ||
| 1 | 1
14
pgs
cmp
Complaint
Mon 10/16 10:33 AM
COMPLAINT with Jury Demand filed by Capital Security Systems, Inc. (Filing fee $402, receipt number AGANDC-12950530)(tas) |
|
|
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
Exhibit G,
|
||
|
Att: 8
Exhibit H,
|
||
|
Att: 9
Exhibit I,
|
||
|
Att: 10
Exhibit J,
|
||
|
Att: 11
Exhibit K,
|
||
|
Att: 12
Civil Cover Sheet
|
||