Amiga Inc v. Hyperion VOF

Plaintiff Amiga Inc. alleges that it entered into an (OEM) License and Software Development Agreement with defendant Hyperion VOF for the development of Amiga's next generation operating system software, Amiga OS 4. Plaintiff further alleges defendant breached the agreement by marketing OS 4 outside the scope of the license, granting third parties the right to distribute OS 4 and use Amiga trademarks, refusing to turn over the source code and object code for OS 4, and failing to deliver OS 4 within the timeline specified in the contract.
Plaintiff:Amiga Inc
Defendant:Hyperion VOF
Counter Claimant:Hyperion VOF
Counter Defendants:Amiga Inc and Itec LLC
 
Case Number:2:2007cv00631
Filed:April 26, 2007
 
Court:Washington Western District Court
Office:Seattle Office [ Court Info ]
County:XX US, Outside District
Presiding Judge:Hon. Ricardo S Martinez
 
Nature of Suit:Intellectual Property - Trademark
Cause:28:1338 Trademark Infringement
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff
Date Filed # Docket Text
April 26, 2007 1 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, ) (Entered: 04/27/2007)
April 27, 2007 2 REPORT on the filing or determination of an action. E-mailed to the US Patent/Trademark Office. (Attachments: # 1 Complaint & Exhibits A-G to Complaint) (PM, ) Modified on 4/27/2007 to change description of attachment (PM, ). (Entered: April 27, 2007)
April 27, 2007 3 MOTION for Preliminary Injunction by Plaintiff Amiga Inc. Oral Argument Requested. (Attachments: # 1 Proposed Order)Noting Date 5/25/2007.(Cock, Lawrence) (Entered: April 27, 2007)
April 27, 2007 4 DECLARATION of William McEwen filed by Plaintiff Amiga Inc re 3 MOTION for Preliminary Injunction (Cock, Lawrence) (Entered: April 27, 2007)
April 27, 2007 5 DECLARATION of Barrie Jon Moss filed by Plaintiff Amiga Inc re 3 MOTION for Preliminary Injunction (Cock, Lawrence) (Entered: April 27, 2007)
April 27, 2007 6 MOTION to Expedite Discovery by Plaintiff Amiga Inc. (Attachments: # 1 Proposed Order)Noting Date 5/11/2007.(Cock, Lawrence) (Entered: April 27, 2007)
April 27, 2007 7 DECLARATION of Morgan W. Tovey filed by Plaintiff Amiga Inc re 6 MOTION to Expedite Discovery (Cock, Lawrence) (Entered: April 27, 2007)
April 30, 2007 8 APPLICATION by Plaintiff Amiga Inc AND ORDER admitting Alison B Riddell for Amiga Inc pro hac vice. Receipt # SEA 8927. (RS, ) (Entered: April 30, 2007)
April 30, 2007 9 APPLICATION by Plaintiff Amiga Inc AND ORDER admitting Morgan W Tovey for Amiga Inc pro hac vice. Receipt # SEA 8927. (RS, ) (Entered: April 30, 2007)
May 4, 2007 10 APPLICATION by Plaintiff Amiga Inc AND ORDER admitting Scott D Baker for Amiga Inc pro hac vice. Receipt # SEA 9102. (RS, ) (Entered: May 4, 2007)
May 4, 2007 11 SERVICE OF SUMMONS and Complaint returned executed upon defendant Hyperion VOF on 4/30/2007 Proof of Service (Cock, Lawrence) (Entered: May 4, 2007)
May 8, 2007 12 NOTICE of Appearance by attorney William A Kinsel on behalf of Defendant Hyperion VOF. (Kinsel, William) (Entered: May 8, 2007)
May 8, 2007 13 RESPONSE, by Defendant Hyperion VOF, to 6 MOTION to Expedite Discovery. (Kinsel, William) (Entered: May 8, 2007)
May 8, 2007 14 DECLARATION of William A. Kinsel filed by Defendant Hyperion VOF re 6 MOTION to Expedite Discovery (Kinsel, William) (Entered: May 8, 2007)
May 8, 2007 15 AFFIDAVIT OF SERVICE by Defendant Hyperion VOF re 14 Declaration, 13 Response to Motion, 12 Notice of Appearance. (Kinsel, William) (Entered: May 8, 2007)
May 9, 2007 16 Supplemental DECLARATION of William A. Kinsel filed by Defendant Hyperion VOF re 6 MOTION to Expedite Discovery (Kinsel, William) (Entered: May 9, 2007)
May 9, 2007 17 CERTIFICATE OF SERVICE by Defendant Hyperion VOF re 16 Declaration. (Kinsel, William) (Entered: May 9, 2007)
May 10, 2007 18 SERVICE OF SUMMONS and Complaint returned executed upon defendant Hyperion VOF (Riddell, Alison) (Entered: May 10, 2007)
May 11, 2007 19 REPLY, filed by Plaintiff Amiga Inc, TO RESPONSE to 6 MOTION to Expedite Discovery (Cock, Lawrence) (Entered: May 11, 2007)
May 11, 2007 20 DECLARATION of Barrie Jon Moss filed by Plaintiff Amiga Inc re 6 MOTION to Expedite Discovery (Cock, Lawrence) (Entered: May 11, 2007)
May 11, 2007 21 DECLARATION of William McEwen filed by Plaintiff Amiga Inc re 6 MOTION to Expedite Discovery (Cock, Lawrence) (Entered: May 11, 2007)
May 16, 2007 22 ORDER granting in part and denying in part 6 Motion for expedited discovery by Judge Ricardo S Martinez.(RS, ) (Entered: May 17, 2007)
May 17, 2007 Set Oral Argument on 3 MOTION for Preliminary Injunction : Motion Hearing set for 5/31/2007 at 10:00 AM before Hon. Ricardo S. Martinez. (LW) (Entered: May 17, 2007)
May 17, 2007 23 NOTICE of Unavailability of counsel William A Kinsel for Defendant Hyperion VOF from 07/02/2007 to 07/06/2007. (Kinsel, William) (Entered: May 17, 2007)
May 21, 2007 24 RESPONSE, by Defendant Hyperion VOF, to 3 MOTION for Preliminary Injunction. Oral Argument Requested. (Kinsel, William) (Entered: May 21, 2007)
May 21, 2007 25 DECLARATION of William A. Kinsel filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Kinsel, William) (Entered: May 21, 2007)
May 21, 2007 26 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 & 11# 6 Exhibit 12 to 15# 7 Exhibit 16 & 17# 8 Exhibit 18 & 19)(Kinsel, William) (Entered: 05/21/2007)
May 21, 2007 27 Second DECLARATION of Evert Carton filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Kinsel, William) (Entered: May 21, 2007)
May 21, 2007 28 DECLARATION of Hans-Jorg Frieden filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Kinsel, William) (Entered: May 21, 2007)
May 21, 2007 29 Second DECLARATION of Hans-Jorg Frieden filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Kinsel, William) (Entered: May 21, 2007)
May 21, 2007 30 DECLARATION of Thomas Frieden filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Kinsel, William) (Entered: May 21, 2007)
May 22, 2007 31 DECLARATION of Hyperion's Index of Declaration Exhibits filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Kinsel, William) (Entered: May 22, 2007)
May 22, 2007 32 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: May 22, 2007)
May 25, 2007 33 REPLY, filed by Plaintiff Amiga Inc, TO RESPONSE to 3 MOTION for Preliminary Injunction (Tovey, Morgan) (Entered: May 25, 2007)
May 25, 2007 34 DECLARATION of Barrie Moss filed by Plaintiff Amiga Inc re 3 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A&B)(Tovey, Morgan) (Entered: May 25, 2007)
May 25, 2007 35 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) (Entered: May 25, 2007)
May 31, 2007 36 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: May 31, 2007)
June 6, 2007 37 TRANSCRIPT of Proceedings held on 5/31/07, Motion for Preliminary Injunction before Judge Ricardo S Martinez. Court Reporter: B. Fanning. (SA) (Entered: June 7, 2007)
June 11, 2007 38 ORDER denying plaintiff's 3 Motion for Preliminary Injunction by Judge Ricardo S Martinez.(RS, ) (CL, ). Modified on 6/19/2007 (CL, ). (Entered: June 12, 2007)
June 13, 2007 39 ANSWER to Complaint , Affirmative Defenses and, COUNTERCLAIM against plaintiff Amiga Inc by Hyperion VOF.(Kinsel, William) (Entered: June 13, 2007)
June 19, 2007 40 NOTICE of Corrected Image/Document re 38 Order on Motion for Preliminary Injunction. (Service of corrected/format image is attached). (CL, ) (Entered: June 19, 2007)
June 26, 2007 41 MOTION to Join ITEC, LLC as a Counterclaim Defendant by Counter Claimant Hyperion VOF. Noting Date 7/13/2007.(Kinsel, William) (Entered: June 26, 2007)
June 26, 2007 42 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: June 26, 2007)
June 26, 2007 43 DECLARATION of Evert Carton filed by Counter Claimant Hyperion VOF re 41 MOTION to Join ITEC, LLC as a Counterclaim Defendant (Kinsel, William) (Entered: June 26, 2007)
June 27, 2007 44 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)
June 29, 2007 45 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) (Entered: June 29, 2007)
July 2, 2007 46 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) (Entered: July 2, 2007)
July 3, 2007 47 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)
July 3, 2007 48 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)
July 3, 2007 49 REPLY by Counter Defendant Amiga Inc, Plaintiff Amiga Inc to 39 Answer to Complaint, Counterclaim. (Cock, Lawrence) (Entered: July 3, 2007)
July 5, 2007 50 MOTION for Judgment on the Pleadings by Plaintiff Amiga Inc. Noting Date 7/27/2007.(Cock, Lawrence) (Entered: July 5, 2007)
July 10, 2007 51 RESPONSE, by Counter Defendant Amiga Inc, Plaintiff Amiga Inc, to 41 MOTION to Join ITEC, LLC as a Counterclaim Defendant. (Cock, Lawrence) (Entered: July 10, 2007)
July 10, 2007 52 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)
July 13, 2007 53 REPLY, filed by Defendant Hyperion VOF, TO RESPONSE to 41 MOTION to Join ITEC, LLC as a Counterclaim Defendant (Kinsel, William) (Entered: July 13, 2007)
July 23, 2007 54 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: July 23, 2007)
July 23, 2007 55 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: July 23, 2007)
July 23, 2007 56 MEMORANDUM filed by Defendant Hyperion VOF re 50 MOTION for Judgment on the Pleadings (Kinsel, William) (Entered: July 23, 2007)
July 23, 2007 57 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: July 23, 2007)
July 27, 2007 58 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: July 27, 2007)
July 30, 2007 59 REPLY, filed by Counter Defendant Amiga Inc, TO RESPONSE to 50 MOTION for Judgment on the Pleadings (Cock, Lawrence) (Entered: July 30, 2007)
July 30, 2007 60 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: July 30, 2007)
July 30, 2007 61 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: July 30, 2007)
July 30, 2007 62 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: July 30, 2007)
August 2, 2007 63 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: August 2, 2007)
August 21, 2007 64 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: August 22, 2007)
September 6, 2007 65 ORDER granting 41 Motion to Join Itec, LLC as a Counterclaim Defendant by Judge Ricardo S Martinez.(TS, ) (Entered: September 10, 2007)
September 10, 2007 66 AMENDED COUNTERCLAIM against plaintiff Amiga Inc, Itec, LLC, filed by Hyperion VOF.(Kinsel, William) (Entered: September 10, 2007)
September 11, 2007 67 PRAECIPE TO ISSUE SUMMONS re 65 Order on Motion for Miscellaneous Relief, Add and Terminate Parties by Counter Claimant Hyperion VOF. (Kinsel, William) (Entered: September 11, 2007)
September 24, 2007 68 REPLY AND DEFENSES / ANSWER to Amended Counterclaim by Amiga Inc.(Cock, Lawrence) (Entered: September 24, 2007)
October 4, 2007 69 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) (Entered: October 4, 2007)
October 4, 2007 70 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: October 4, 2007)
October 19, 2007 ***Motion terminated: 50 MOTION for Judgment on the Pleadings filed by Amiga Inc. Motion taken off calendar per Court's order, Dkt. # 65, to be re-noted by plaintiff after counter-defendant Itec has appeared and answered. (LS) (Entered: October 19, 2007)
November 8, 2007 71 MOTION to Dismiss or in the alternative, Transfer by Counter Defendant Itec, LLC. Oral Argument Requested.Noting Date 11/30/2007.(Cock, Lawrence) (Entered: November 8, 2007)
November 8, 2007 72 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) (Entered: November 8, 2007)
November 8, 2007 73 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) (Entered: November 8, 2007)
November 8, 2007 74 PROPOSED ORDER (Unsigned) re 71 MOTION to Dismiss or in the alternative, Transfer. (Cock, Lawrence) (Entered: November 8, 2007)
November 26, 2007 75 RESPONSE, by Counter Claimant Hyperion VOF, Defendant Hyperion VOF, to 71 MOTION to Dismiss or in the alternative, Transfer. (Kinsel, William) (Entered: November 26, 2007)
November 26, 2007 76 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: November 26, 2007)
November 26, 2007 77 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: November 26, 2007)
November 26, 2007 78 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: November 26, 2007)
November 30, 2007 79 REPLY, filed by Counter Defendant Itec LLC, TO RESPONSE to 71 MOTION to Dismiss or in the alternative, Transfer (Cock, Lawrence) (Entered: November 30, 2007)
November 30, 2007 80 DECLARATION of John Grzymala filed by Counter Defendant Itec LLC re 71 MOTION to Dismiss or in the alternative, Transfer (Cock, Lawrence) (Entered: November 30, 2007)
December 12, 2007 81 MOTION for Leave To Amend Its Complaint by Plaintiff Amiga Inc. Noting Date 12/21/2007.(Cock, Lawrence) (Entered: December 12, 2007)
December 12, 2007 82 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) (Entered: December 12, 2007)
December 12, 2007 83 PROPOSED ORDER (Unsigned) re 81 MOTION for Leave To Amend Its Complaint (Cock, Lawrence) (Entered: December 12, 2007)
December 18, 2007 84 RESPONSE, by Counter Claimant Hyperion VOF, Defendant Hyperion VOF, to 81 MOTION for Leave To Amend Its Complaint. (Kinsel, William) (Entered: December 18, 2007)
December 18, 2007 85 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)
December 21, 2007 86 REPLY, filed by Plaintiff Amiga Inc, TO RESPONSE to 81 MOTION for Leave To Amend Its Complaint (Cock, Lawrence) (Entered: December 21, 2007)
December 28, 2007 87 OBJECTIONS to Subpoena filed by Cairncross & Hempelmann, PS. (Brunet, Michael) (Entered: December 28, 2007)
January 2, 2008 88 MOTION to Quash Subpoena Duces Tecum to Cairncross by Plaintiff Amiga Inc. (Attachments: # 1 Proposed Order)Noting Date 1/11/2008.(Cock, Lawrence) (Entered: January 2, 2008)
January 2, 2008 89 DECLARATION of Lawrence R. Cock filed by Plaintiff Amiga Inc re 88 MOTION to Quash Subpoena Duces Tecum to Cairncross (Cock, Lawrence) (Entered: January 2, 2008)
January 2, 2008 90 AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Cairncross & Hempelmann served on 12/21/07. (RS, ) (Entered: January 3, 2008)
January 8, 2008 91 RESPONSE, by Counter Claimant Hyperion VOF, Defendant Hyperion VOF, to 88 MOTION to Quash Subpoena Duces Tecum to Cairncross. (Kinsel, William) (Entered: January 8, 2008)
January 8, 2008 92 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: January 8, 2008)
January 9, 2008 93 CERTIFICATE OF SERVICE by Counter Claimant Hyperion VOF, Defendant Hyperion VOF re 91 Response to Motion, 92 Declaration. (Kinsel, William) (Entered: January 9, 2008)
January 11, 2008 94 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: January 11, 2008)
January 11, 2008 95 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: January 11, 2008)
January 17, 2008 96 ORDER ON MOTION TO DISMISS OR TRANSFER re Itec's 71 Motion to Dismiss by Judge Ricardo S Martinez.(RS, ) (Entered: January 17, 2008)
January 17, 2008 97 ORDER denying plaintiff's 88 Motion to Quash by Judge Ricardo S Martinez.(RS, ) (Entered: January 17, 2008)
January 31, 2008 98 MOTION for Judgment on the Pleadings by Counter Defendant Amiga Inc, Plaintiff Amiga Inc. Noting Date 2/22/2008.(Cock, Lawrence) (Entered: January 31, 2008)
February 19, 2008 99 RESPONSE, by Counter Claimant Hyperion VOF, Defendant Hyperion VOF, to 98 MOTION for Judgment on the Pleadings. (Kinsel, William) (Entered: February 19, 2008)
February 19, 2008 100 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: February 19, 2008)
February 22, 2008 101 REPLY, filed by Counter Defendant Amiga Inc, Plaintiff Amiga Inc, TO RESPONSE to 98 MOTION for Judgment on the Pleadings (Cock, Lawrence) (Entered: February 22, 2008)
March 25, 2008 102 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: March 25, 2008)
April 21, 2008 103 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: April 22, 2008)
April 29, 2008 104 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: April 29, 2008)
June 17, 2008 105 ANSWER to 104 Amended Complaint, COUNTERCLAIM against plaintiff Amiga Inc by Hyperion VOF.(Kinsel, William) (Entered: June 17, 2008)
June 17, 2008 106 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Morgan W Tovey for Counter Defendants Amiga Inc, Amiga Inc, Plaintiff Amiga Inc. (Riddell, Alison) (Entered: June 17, 2008)
June 18, 2008 107 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: June 18, 2008)
June 18, 2008 108 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Scott D Baker for Counter Defendant Amiga Inc, Plaintiff Amiga Inc. (Baker, Scott) (Entered: June 18, 2008)
June 19, 2008 109 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: June 19, 2008)
July 3, 2008 110 Reply and Defenses ANSWER to 105 Answer to Amended Complaint, Counterclaim by Amiga Inc.(Cock, Lawrence) (Entered: July 3, 2008)
July 3, 2008 111 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: July 3, 2008)
July 21, 2008 112 RESPONSE, by Counter Claimant Hyperion VOF, Defendant Hyperion VOF, to 111 MOTION for Judgment on the Pleadings. (Kinsel, William) (Entered: July 21, 2008)
July 25, 2008 113 REPLY, filed by Plaintiff Amiga Inc, TO RESPONSE to 111 MOTION for Judgment on the Pleadings (Cock, Lawrence) (Entered: July 25, 2008)
July 25, 2008 114 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: July 25, 2008)
July 29, 2008 115 JOINT STATUS REPORT signed by all parties; estimated Trial Days: 10.. (Cock, Lawrence) (Entered: July 29, 2008)
August 4, 2008 116 STIPULATED PROTECTIVE ORDER by Judge Ricardo S Martinez. (RS) (Entered: August 4, 2008)
August 25, 2008 117 ORDER REFERRING CASE to Judge J. Kelley Arnold for purpose of conducting a settlement conference by Judge Ricardo S Martinez. (RS) (Entered: August 26, 2008)
Docket Report Last Checked: August 27, 2008 21:02:00 PDT
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Plaintiff: Amiga Inc
Represented By: Morgan W Tovey, Jeffrey Michael Tamarin, Lance Gotthoffer, Alison B Riddell, Kenneth Joe Philpot, Lawrence Ronald Cock, Lance Gotthoffer, Scott D Baker, Morgan W Tovey, Lawrence Ronald Cock, Jeffrey Michael Tamarin, Kenneth Joe Philpot, Alison B Riddell, Scott D Baker
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Defendant: Hyperion VOF
Represented By: William A Kinsel, William A Kinsel
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Counter Claimant: Hyperion VOF
Represented By: William A Kinsel, William A Kinsel
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Counter Defendant: Amiga Inc
Represented By: Morgan W Tovey, Jeffrey Michael Tamarin, Lance Gotthoffer, Alison B Riddell, Kenneth Joe Philpot, Lawrence Ronald Cock, Lance Gotthoffer, Scott D Baker, Morgan W Tovey, Lawrence Ronald Cock, Jeffrey Michael Tamarin, Kenneth Joe Philpot, Alison B Riddell, Scott D Baker
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Counter Defendant: Itec LLC
Represented By: Lawrence Ronald Cock
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