Zaldastani et al v. BrainTap, Inc. et al
| Delaware District Court | |
| Judge: | Joel H Slomsky |
| Case #: | 1:24-cv-01380 |
| Nature of Suit | 160 Contract - Stockholders’ Suits |
| Cause | 28:1332 Diversity-Breach of Fiduciary Duty |
| Case Filed: | Dec 16, 2024 |
| Last checked: Thursday Jan 30, 2025 3:54 AM EST |
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Defendant
BrainTap, Inc.
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Represented By
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Defendant
Patrick Porter
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Represented By
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Defendant
Cynthia Porter
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Represented By
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Nominal Defendant
BrainTap, Inc.
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Represented By
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Plaintiff
Victoria Dauphinot
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Represented By
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Plaintiff
Thomas Espy
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Represented By
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Plaintiff
French Road, LLC
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Represented By
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Plaintiff
Lu & Li Trust
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Represented By
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Plaintiff
David Martin
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Represented By
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Plaintiff
Kevin Phillips
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Represented By
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Plaintiff
Chen Joint Revocable Trust
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Represented By
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Plaintiff
Xiang Ming Chen
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Represented By
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Plaintiff
Sand Hill Private Investments, LLC
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Represented By
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Plaintiff
Kristin Spindler
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Represented By
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Plaintiff
Nicholas Zaldastani
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Represented By
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Plaintiff
Salman Azhar
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Represented By
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| Docket last updated: 1 hours ago |
| Monday, April 14, 2025 | ||
| 30 | 30
1
pgs
order
Order ~Util - Set Hearings
Mon 04/14 1:56 PM
ORDER: It is ORDERED that a hearing on the Motions (Doc. Nos.13 ,15 ) will be held on May 21, 2025 at 10:30 a.m. in Courtroom 13A, United States Courthouse, 601 Market Street, Philadelphia, Pennsylvania. Signed by Judge Joel H Slomsky on 04/14/2025. (jfm) (Main Document 30 replaced on 4/14/2025) (jfm) |
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| Wednesday, April 09, 2025 | ||
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respm
Brief - Reply
Wed 04/09 4:42 PM
REPLY BRIEF re15 MOTION to Dismiss for Failure to State a Claim and Motion to Strike Privileged Paragraphs 129-132 and 284 of Complaint filed by BrainTap, Inc., BrainTap, Inc.. (Dorey, David) |
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respm
Brief - Reply
Wed 04/09 3:22 PM
REPLY BRIEF re13 MOTION to Dismiss for Failure to State a Claim filed by Cynthia Porter, Patrick Porter. (Kittila, Theodore) |
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| Thursday, March 20, 2025 | ||
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respm
Brief - Answering Brief in Opposition
Thu 03/20 4:08 PM
ANSWERING BRIEF in Opposition re13 MOTION to Dismiss for Failure to State a Claim filed by Salman Azhar, Xiang Ming Chen, Chen Joint Revocable Trust, Victoria Dauphinot, Thomas Espy, French Road, LLC, Lu & Li Trust, David Martin, Kevin Phillips, Sand Hill Private Investments, LLC, Kristin Spindler, Nicholas Zaldastani.Reply Brief due date per Local Rules is 3/27/2025. (Zwally, Lisa) |
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respm
Brief - Answering Brief in Opposition
Thu 03/20 4:06 PM
ANSWERING BRIEF in Opposition re15 MOTION to Dismiss for Failure to State a Claim filed by Salman Azhar, Xiang Ming Chen, Chen Joint Revocable Trust, Victoria Dauphinot, Thomas Espy, French Road, LLC, Lu & Li Trust, David Martin, Kevin Phillips, Sand Hill Private Investments, LLC, Kristin Spindler, Nicholas Zaldastani.Reply Brief due date per Local Rules is 3/27/2025. (Zwally, Lisa) |
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| Thursday, March 13, 2025 | ||
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order
Order
Thu 03/13 4:33 PM
ORDER: DESIGNATION OF DISTRICT JUDGE TO HOLD A DISTRICT COURT WITHIN THE CIRCUIT, designating and assigning the Honorable Joel H. Slomsky of the United States District Court for the Eastern District of Pennsylvania. Signed by Judge Michael A Chagares, Chief Judge of the United States Court of Appeals for the Third Circuit on 3/13/2025. (rjb) |
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utility
Case Assigned/Reassigned
Thu 03/13 4:34 PM
Case Reassigned to Judge Joel H Slomsky of the United States District Court for the Eastern District of Pennsylvania. Please include the initials of the Judge (JHS) after the case number on all documents filed. (rjb) |
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| Friday, March 07, 2025 | ||
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utility
Add Attorneys - PHV only
Fri 03/07 3:39 PM
Pro Hac Vice Attorney David Frazee for Salman Azhar, David Frazee for Xiang Ming Chen, David Frazee for Chen Joint Revocable Trust, David Frazee for Victoria Dauphinot, David Frazee for Thomas Espy, David Frazee for French Road, LLC, David Frazee for Lu & Li Trust, David Frazee for David Martin, David Frazee for Kevin Phillips, David Frazee for Sand Hill Private Investments, LLC, David Frazee for Kristin Spindler, David Frazee for Nicholas Zaldastani added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (scs) |
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| Wednesday, March 05, 2025 | ||
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order
SO ORDERED ~Util - Set Briefing Schedule - open,ans,reply,surreply
Wed 03/05 8:22 AM
SO ORDERED, re24 Stipulation and Order to Extend Time to File Answering and Reply Briefs to Motions to Dismiss. (*Reset Briefing Schedule re13 MOTION to Dismiss for Failure to State a Claim,15 MOTION to Dismiss for Failure to State a Claim: Answering Brief due 3/20/2025; Reply Brief due 4/9/2025). Ordered by Judge Jennifer L. Hall on 3/5/2025. (ceg) |
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| Tuesday, March 04, 2025 | ||
| 24 | 24
motion
Stipulation to EXTEND Time
Tue 03/04 4:12 PM
STIPULATION TO EXTEND TIME to File Answering and Reply Briefs to Motion to Dismiss to March 20, 2025 and April 9, 2025 - filed by Salman Azhar, Xiang Ming Chen, Chen Joint Revocable Trust, Victoria Dauphinot, Thomas Espy, French Road, LLC, Lu & Li Trust, David Martin, Kevin Phillips, Sand Hill Private Investments, LLC, Kristin Spindler, Nicholas Zaldastani. (Zwally, Lisa) |
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| Tuesday, February 25, 2025 | ||
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utility
- CORRECTING ENTRY
Tue 02/25 12:40 PM
CORRECTING ENTRY: The pdf for the Motion found at D.I.22 has been replaced to correct the name of Plaintiff Sand Hill Private Investments, LLC, and the pdf for the Certification attached to the motion has also been replaced to add additional contact information for counsel, per conversation with the filer and chambers. (ceg) |
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order
SO ORDERED
Tue 02/25 12:42 PM
SO ORDERED, re22 Motion for Pro Hac Vice Appearance of Attorney David Frazee filed by Sand Hill Private Investments, LLC, Victoria Dauphinot, Xiang Ming Chen, Salman Azhar, Kristin Spindler, Kevin Phillips, David Martin, Nicholas Zaldastani, Chen Joint Revocable Trust, Lu & Li Trust, French Road, LLC, Thomas Espy. Ordered by Judge Jennifer L. Hall on 2/25/2025. (ceg) |
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| Thursday, February 20, 2025 | ||
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misc
-District Court Pro Hac Vice Fee - 01 Attorney Credit Card Payment
Thu 02/20 3:58 PM
Pro Hac Vice Fee - Credit Card Payment received for David Frazee. ( re22 MOTION for Pro Hac Vice Appearance of Attorney David Frazee )( Payment of $ 50, receipt number ADEDC-4619335).(Zwally, Lisa) |
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| 22 | 22
motion
Appear Pro Hac Vice
Thu 02/20 3:54 PM
MOTION for Pro Hac Vice Appearance of Attorney David Frazee - filed by Salman Azhar, Xiang Ming Chen, Chen Joint Revocable Trust, Victoria Dauphinot, Thomas Espy, French Road, LLC, Lu & Li Trust, David Martin, Kevin Phillips, Sand Hill Private Investments, LLC, Kristin Spindler, Nicholas Zaldastani.(Zwally, Lisa) |
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Att: 1
Certification of David Frazee
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| 21 | 21
order
SO ORDERED
Thu 02/20 1:31 PM
SO ORDERED, re18 Stipulation and Order Consenting to Accepting Filing as Timely. Signed by Judge Jennifer L. Hall on 2/20/2025. (ceg) |
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misc
-District Court Pro Hac Vice Fee - 01 Attorney Credit Card Payment
Thu 02/20 11:59 AM
Pro Hac Vice Fee - Credit Card Payment received for Lisa M. Coyle, Esquire. ( re19 MOTION for Pro Hac Vice Appearance of Attorney Lisa M. Coyle, Esquire )( Payment of $ 50, receipt number ADEDC-4618946).(Dorey, David) |
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| 19 | 19
motion
Appear Pro Hac Vice
Thu 02/20 11:55 AM
MOTION for Pro Hac Vice Appearance of Attorney Lisa M. Coyle, Esquire - filed by BrainTap, Inc., BrainTap, Inc.. (Dorey, David) |
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order
SO ORDERED
Thu 02/20 12:51 PM
SO ORDERED, re19 Motion for Pro Hac Vice Appearance of Attorney Lisa M. Coyle, Esquire filed by BrainTap, Inc. Ordered by Judge Jennifer L. Hall on 2/20/2025. (ceg) |
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| Wednesday, February 19, 2025 | ||
| 18 | 18
misc
Stipulation-General (See Motion List for Stipulation to Extend Time)
Wed 02/19 3:30 PM
STIPULATION Consenting to Accepting Filing as Timely re15 MOTION to Dismiss for Failure to State a Claim ,17 Declaration,,16 Opening Brief in Support, by BrainTap, Inc., BrainTap, Inc.. (Dorey, David) |
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| 17 | 17
misc
Declaration
Wed 02/19 9:41 AM
DECLARATION of David A. Dorey, Esquire re16 Opening Brief in Support, CORRECTING ENTRY:,15 MOTION to Dismiss for Failure to State a Claim by BrainTap, Inc., BrainTap, Inc..(Dorey, David) |
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2,
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Att: 3
Exhibit Exhibit 3,
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Att: 4
Exhibit Exhibit 4,
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Att: 5
Exhibit Exhibit 5,
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Att: 6
Exhibit Exhibit 6,
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Att: 7
Exhibit Exhibit 7,
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Att: 8
Exhibit Exhibit 8,
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Att: 9
Exhibit Exhibit 9,
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Att: 10
Exhibit Exhibit 10,
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Att: 11
Exhibit Exhibit 11,
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Att: 12
Exhibit Exhibit 12,
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Att: 13
Certificate of Service Certificate of Service
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utility
- CORRECTING ENTRY
Wed 02/19 8:48 AM
CORRECTING ENTRY: The declaration and exhibits filed as attachments to the brief at D.I.16 have been removed. Briefs and declarations are to be filed independent of each other. The declaration is to be refiled at new transaction number. (ceg) |
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utility
Add Attorneys - PHV only
Wed 02/19 11:34 AM
Pro Hac Vice Attorney Frank B. OHale for BrainTap, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (oam) |
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utility
Add Attorneys - PHV only
Wed 02/19 2:18 PM
Pro Hac Vice Attorney Curtis J. Shipley for BrainTap, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (oam) |
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utility
Add Attorneys - PHV only
Wed 02/19 2:19 PM
Pro Hac Vice Attorney Pamela S. Duffy for BrainTap, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (oam) |
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| Tuesday, February 18, 2025 | ||
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respm
Brief - Opening Brief in Support
Tue 02/18 5:47 PM
OPENING BRIEF in Support re15 MOTION to Dismiss for Failure to State a Claim filed by BrainTap, Inc., BrainTap, Inc..Answering Brief/Response due date per Local Rules is 3/4/2025.(Dorey, David) |
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Att: 1
Text of Proposed Order to Motion to Dismiss Dkt. 15,
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Att: 2
Declaration,
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Att: 3
Exhibit Exhibit 1,
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Att: 4
Exhibit Exhibit 2,
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Att: 5
Exhibit Exhibit 3,
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Att: 6
Exhibit Exhibit 4,
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Att: 7
Exhibit Exhibit 5,
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Att: 8
Exhibit Exhibit 6,
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Att: 9
Exhibit Exhibit 7,
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Att: 10
Exhibit Exhibit 8,
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Att: 11
Exhibit Exhibit 9,
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Att: 12
Exhibit Exhibit 10,
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Att: 13
Exhibit Exhibit 11,
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Att: 14
Exhibit Exhibit 12
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motion
Dismiss/Fail to State Claim
Tue 02/18 5:08 PM
MOTION to Dismiss for Failure to State a Claim - filed by BrainTap, Inc., BrainTap, Inc.. (Dorey, David) |
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| 14 | 14
respm
Brief - Opening Brief in Support
Tue 02/18 4:24 PM
OPENING BRIEF in Support re13 MOTION to Dismiss for Failure to State a Claim filed by Cynthia Porter, Patrick Porter.Answering Brief/Response due date per Local Rules is 3/4/2025.(Kittila, Theodore) |
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Att: 1
Exhibit A
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motion
Dismiss/Fail to State Claim
Tue 02/18 4:16 PM
MOTION to Dismiss for Failure to State a Claim - filed by Cynthia Porter, Patrick Porter.(Kittila, Theodore) |
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Att: 1
Text of Proposed Order
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| 12 | 12
misc
-District Court Pro Hac Vice Fee - 01 Attorney Credit Card Payment
Tue 02/18 2:21 PM
Pro Hac Vice Fee - Credit Card Payment received for Jeffrey M. Greilsheimer. ( re11 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey M. Greilsheimer )( Payment of $ 50, receipt number ADEDC-4616917).(Kittila, Theodore) |
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| 11 | 11
motion
Appear Pro Hac Vice
Tue 02/18 2:20 PM
MOTION for Pro Hac Vice Appearance of Attorney Jeffrey M. Greilsheimer - filed by Cynthia Porter, Patrick Porter. (Kittila, Theodore) |
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order
SO ORDERED
Tue 02/18 3:28 PM
SO ORDERED, re11 Motion for Pro Hac Vice Appearance of Attorney Jeffrey M. Greilsheimer filed by Cynthia Porter, Patrick Porter. Ordered by Judge Jennifer L. Hall on 2/18/2025. (ceg) |
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| Friday, January 24, 2025 | ||
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misc
-District Court Pro Hac Vice Fee - 03 Attorneys Credit Card Payment
Fri 01/24 1:03 PM
Pro Hac Vice Fee - Credit Card Payment received for Pamela S. Duffy, Esq., Curtis J. Shipley, Esq., and Frank B. OHale, Esq.. ( re9 MOTION for Pro Hac Vice Appearance of Attorney Pamela S. Duffy, Esq., Curtis J. Shipley, Esq., and Frank B. OHale, Esq. )( Payment of $ 150, receipt number ADEDC-4598625).(Dorey, David) |
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| 9 | 9
motion
Appear Pro Hac Vice
Fri 01/24 11:18 AM
MOTION for Pro Hac Vice Appearance of Attorney Pamela S. Duffy, Esq., Curtis J. Shipley, Esq., and Frank B. OHale, Esq. - filed by BrainTap, Inc., BrainTap, Inc.. (Dorey, David) |
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misc
Deficiency Notice
Fri 01/24 12:17 PM
DEFICIENCY NOTICE by the Court issued to BrainTap, Inc. re9 Motion for Leave to Appear Pro Hac Vice. Per the December 21, 2023 Standing Order, the fee shall be paid upon the filing of a motion. For Pro Hac Vice payments via CM/ECF, local counsel can pay by credit card using the appropriate event code from the Pro Hac Vice Fee Menu in the case the motion is being filed in. (ceg) |
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order
SO ORDERED
Fri 01/24 2:39 PM
SO ORDERED, re9 Motion for Pro Hac Vice Appearance of Attorney Pamela S. Duffy, Esq., Curtis J. Shipley, Esq., and Frank B. OHale, Esq. filed by BrainTap, Inc. Ordered by Judge Jennifer L. Hall on 1/24/2025. (ceg) |
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| Friday, January 17, 2025 | ||
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order
SO ORDERED ~Util - Set/Reset Answer Deadline
Fri 01/17 7:48 AM
SO ORDERED, re8 Stipulation and Order to Extend Time to Answer, Move, or Otherwise Respond to Plaintiff's Complaint to February 18, 2025. (*Reset Answer Deadlines: BrainTap, Inc. answer due 2/18/2025; Cynthia Porter answer due 2/18/2025; Patrick Porter answer due 2/18/2025). Ordered by Judge Jennifer L. Hall on 1/17/2025. (ceg) |
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| Thursday, January 16, 2025 | ||
| 8 | 8
motion
Stipulation to EXTEND Time
Thu 01/16 3:58 PM
STIPULATION TO EXTEND TIME ANSWER, MOVE OR OTHERWISE RESPOND to Plaintiff's Complaint to February 18, 2025 - filed by BrainTap, Inc., BrainTap, Inc.. (Dorey, David) |
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| 7 | 7
misc
Disclosure Statement - Rule 7.1
Thu 01/16 3:51 PM
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by BrainTap, Inc., BrainTap, Inc.. (Dorey, David) |
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| 6 | 6
notice
Notice of Appearance
Thu 01/16 10:52 AM
NOTICE of Appearance by David A. Dorey on behalf of BrainTap, Inc., BrainTap, Inc. (Dorey, David) |
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misc
Deficiency Notice - No 7.1 Statement Filed
Thu 01/16 11:20 AM
DEFICIENCY NOTICE issued by the Court to Defendants: Pursuant to Fed. R. Civ. P. 7.1 (b)(1), A party must: (1) file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Counsel is requested to supplement the docket with an appropriate Rule 7.1 Disclosure Statement. (ceg) |
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| Wednesday, January 15, 2025 | ||
| 5 | 5
notice
Notice of Appearance
Wed 01/15 2:14 PM
NOTICE of Appearance by Theodore Allan Kittila on behalf of Patrick Porter, Cynthia Porter (Kittila, Theodore) |
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| Wednesday, December 18, 2024 | ||
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utility
Case Assigned/Reassigned
Wed 12/18 12:14 PM
Case Assigned to Judge Jennifer L. Hall. Please include the initials of the Judge (JLH) after the case number on all documents filed. (rjb) |
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| Monday, December 16, 2024 | ||
| 4 | 4
service
Summons Issued
Tue 12/17 8:55 AM
Summons Issued as to BrainTap, Inc. on 12/16/2024; Cynthia Porter on 12/16/2024; Patrick Porter on 12/16/2024.(scs) |
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Att: 1
Summons Issued Patrick Porter,
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Att: 2
Summons Issued Cynthia Porter
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| 3 | 3
misc
Disclosure Statement - Rule 7.1
Tue 12/17 8:53 AM
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Salman Azhar, Kristin Spindler, Thomas Espy, French Road, LLC, Sand Hill Private Investments, LLC, Nicholas Zaldastani, Victoria Dauphinot, David Martin, Chen Joint Revocable Trust, Xiang Ming Chen, Kevin Phillips, Lu & Li Trust. (scs) |
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| 2 | 2
misc
Magistrate Consent Forms
Tue 12/17 8:52 AM
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (scs) |
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| 1 | 1
63
pgs
cmp
Complaint
Tue 12/17 8:51 AM
COMPLAINT with Jury Demand against BrainTap, Inc., Cynthia Porter, Patrick Porter ( Filing fee $ 405, receipt number ADEDC-4571534) - filed by Salman Azhar, Victoria Dauphinot, Kevin Phillips, French Road, LLC, Nicholas Zaldastani, Kristin Spindler, David Martin, Chen Joint Revocable Trust, Lu & Li Trust, Thomas Espy, Sand Hill Private Investments, LLC, Xiang Ming Chen.(scs) |
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Att: 1
Exhibits A-I,
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Att: 2
Civil Cover Sheet
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