Plaintiff Luxpro Corporation alleged that Defendant Apple, Inc. engaged in a scheme to interfere with Plaintiff's existing and prospective business relations and monopolize the worldwide MP3 market. Specifically, Plaintiff alleged that Defendant pressured Plaintiff's business partners and published false statements concerning Plaintiff's products and business.
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Date Filed
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#
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Docket Text
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| October 14, 2008 |
1
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COMPLAINT against Apple, Inc. ( Filing fee $ 350 receipt number 4000185.), filed by Luxpro Corporation.(cap) (Entered: October 14, 2008)
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| October 14, 2008 |
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Summons Issued as to Apple, Inc. and returned to attorney/plaintiff for service. (cap) (Entered: October 14, 2008)
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| October 14, 2008 |
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CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Plaintiff Luxpro Corporation. Complaint 1 lists multiple
attorneys appearing for the filer. The following attorney(s), who did not sign the pleading, must enter a separate Notice of Appearance in order to receive electronic notification of
future activity in the case: Phillip N. Cockrell, Corey D. McGaha, Jeremy Y. Hutchinson. TEXT ONLY ENTRY, NO DOCUMENT ATTACHED. (cap) (Entered: October 14, 2008)
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| October 14, 2008 |
2
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NOTICE of Appearance by Corey Darnell McGaha on behalf of Luxpro Corporation (McGaha, Corey) (Entered: October 14, 2008)
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| October 15, 2008 |
3
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MOTION to Appear Pro Hac Vice for Patrick J. Conroy by Luxpro Corporation. (Adams, Richard) (Entered: October 15, 2008)
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| October 15, 2008 |
4
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MOTION to Appear Pro Hac Vice for Glenn E. Janik by Luxpro Corporation. (Adams, Richard) (Entered: October 15, 2008)
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| October 16, 2008 |
5
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NOTICE of Appearance by Phillip N. Cockrell on behalf of Luxpro Corporation (Cockrell, Phillip) (Entered: October 16, 2008)
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| October 17, 2008 |
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TEXT ONLY ORDER granting 3 Motion to Appear Pro Hac Vice. Patrick J. Conroy is directed to immediately register as a CM/ECF
user if he/she has not already done so and enter his/her appearance in this matter. Signed by Honorable Harry F. Barnes on 10/17/2008. (ljl) (Entered: October 17, 2008)
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| October 17, 2008 |
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TEXT ONLY ORDER granting 4 Motion to Appear Pro Hac Vice. Glenn E. Janik is directed to immediately register as a CM/ECF user
if he/she has not already done so and enter his/her appearance in this matter. Signed by Honorable Harry F. Barnes on 10/17/2008. (ljl) (Entered: October 17, 2008)
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| October 20, 2008 |
6
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AMENDED COMPLAINT with Jury Demand against Apple, Inc., filed by Luxpro Corporation.(Adams, Richard) (Entered: October 20, 2008)
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| October 22, 2008 |
7
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NOTICE of Appearance by Nicholas H. Patton on behalf of Luxpro Corporation (Patton, Nicholas) (Entered: October 22, 2008)
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| October 24, 2008 |
8
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MOTION to Appear Pro Hac Vice of Patricia L. Peden by Luxpro Corporation. (Patton, Nicholas) (Entered: October 24, 2008)
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| October 27, 2008 |
9
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NOTICE of Appearance by Leisa B. Pearlman on behalf of Luxpro Corporation (Pearlman, Leisa) (Entered: October 27, 2008)
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| October 27, 2008 |
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TEXT ONLY ORDER granting 8 Motion to Appear Pro Hac Vice. Patricia L. Peden is directed to immediately register as a CM/ECF
user if he/she has not already done so and enter his/her appearance in this matter. Signed by Honorable Harry F. Barnes on 10/27/2008. (ljl) (Entered: October 27, 2008)
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| October 28, 2008 |
10
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AFFIDAVIT of Service for Original Complaint, filed by Luxpro Corporation. Apple, Inc. served on 10/22/2008, answer due 11/12/2008. (Adams, Richard) (Entered: October 28, 2008)
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| October 29, 2008 |
11
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NOTICE of Appearance by Patricia L. Peden on behalf of Luxpro Corporation (Peden, Patricia) (Entered: October 29, 2008)
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| November 10, 2008 |
12
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NOTICE of Appearance by Kevin A. Crass on behalf of Apple, Inc. (Crass, Kevin) (Entered: November 10, 2008)
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| November 10, 2008 |
13
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MOTION to Extend Time by Apple, Inc.. (Crass, Kevin) (Entered: November 10, 2008)
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| November 11, 2008 |
14
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NOTICE of Appearance by Sean F. Rommel on behalf of Luxpro Corporation (Rommel, Sean) (Entered: November 11, 2008)
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| November 12, 2008 |
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TEXT ONLY ORDER granting 13 Motion for Extension of Time. Defendant has up to and including December 19, 2008, to file
responsive pleadings to Plaintiff's First Amended Complaint. Plaintiff has up to and including January 26, 2009, to respond to those pleadings. Defendant has up to and including February
6, 2009, to file any reply briefs. Signed by Honorable Harry F. Barnes on 11/12/2008. (ljl) (Entered: November 12, 2008)
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| November 12, 2008 |
15
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NOTICE of Appearance by James M. Pratt, Jr on behalf of Apple, Inc. (Pratt, James) (Entered: November 12, 2008)
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| November 12, 2008 |
16
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MOTION to Appear Pro Hac Vice Penelope A. Preovolos by Apple, Inc.. (Crass, Kevin) (Entered: November 12, 2008)
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| November 12, 2008 |
17
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MOTION to Appear Pro Hac Vice Stuart C. Plunkett by Apple, Inc.. (Crass, Kevin) (Entered: November 12, 2008)
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| November 13, 2008 |
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TEXT ONLY ORDER granting 16 Motion to Appear Pro Hac Vice. Penelope A. Preovolos is directed to immediately register as a
CM/ECF user if he/she has not already done so and enter his/her appearance in this matter. Signed by Honorable Harry F. Barnes on 11/13/2008. (ljl) (Entered: November 13, 2008)
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| November 13, 2008 |
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TEXT ONLY ORDER granting 17 Motion to Appear Pro Hac Vice. Stuart C. Plunkett is directed to immediately register as a CM/ECF
user if he/she has not already done so and enter his/her appearance in this matter. Signed by Honorable Harry F. Barnes on 11/13/2008. (ljl) (Entered: November 13, 2008)
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| November 14, 2008 |
18
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NOTICE of Appearance by Penelope A. Preovolos on behalf of Apple, Inc. (Preovolos, Penelope) (Entered: November 14, 2008)
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| November 14, 2008 |
19
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NOTICE of Appearance by Stuart Christopher Plunkett on behalf of Apple, Inc. (Plunkett, Stuart) (Entered: November 14, 2008)
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| November 17, 2008 |
20
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NOTICE of Appearance by Jeremy Young Hutchinson on behalf of Luxpro Corporation (Hutchinson, Jeremy) (Entered: November 17, 2008)
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| November 19, 2008 |
21
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NOTICE of Appearance by Patrick J. Conroy on behalf of Luxpro Corporation (Conroy, Patrick) (Entered: November 19, 2008)
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| November 19, 2008 |
22
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NOTICE of Appearance by Glenn E. Janik on behalf of Luxpro Corporation (Janik, Glenn) (Entered: November 19, 2008)
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| December 19, 2008 |
23
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MOTION to Dismiss for Failure to State a Claim by Apple, Inc.. (Crass, Kevin) (Entered: December 19, 2008)
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| December 19, 2008 |
24
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MEMORANDUM BRIEF in Support of 23 MOTION to Dismiss for Failure to State a Claim by Apple, Inc.. (Crass, Kevin)
(Entered: December 19, 2008)
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| December 19, 2008 |
25
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MOTION to Transfer Case by Apple, Inc.. (Crass, Kevin) (Entered: December 19, 2008)
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| December 19, 2008 |
26
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MEMORANDUM BRIEF in Support of 25 MOTION to Transfer Case by Apple, Inc.. (Crass, Kevin) (Entered: December 19, 2008)
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| December 19, 2008 |
27
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AFFIDAVIT filed by Apple, Inc. re 25 MOTION to Transfer Case, 23
MOTION to Dismiss for Failure to State a Claim of Thomas R. La Perle. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Crass, Kevin) (Entered: December 19, 2008)
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| December 19, 2008 |
28
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MOTION for Order in Support of Apple, Inc.'s Motion for Transfer and Motion to Dismiss by Apple, Inc.. (Crass, Kevin) (Entered: December 19, 2008)
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| December 19, 2008 |
29
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Corporate Disclosure Statement by Apple, Inc.. (Crass, Kevin) (Entered: December 19, 2008)
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| January 22, 2009 |
30
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Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Transfer Case, 23 MOTION to Dismiss for Failure to State a Claim by Luxpro Corporation. (Adams, Richard) (Entered: January 22, 2009)
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| January 30, 2009 |
31
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NOTICE of Appearance by Reid Davis Miller on behalf of Luxpro Corporation (Miller, Reid) (Entered: January 30, 2009)
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| February 3, 2009 |
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TEXT ONLY ORDER granting 30 Motion for Extension of Time to File Response/Reply. Plaintiff has up to and including February 23,
2009, to file its Response to Defendant Apple, Inc's Motion to Dismiss and Motion to Transfer. Defendant has up to and including March 23, 2009, to file its Reply. Signed by Honorable
Harry F. Barnes on 2/3/2009. (ljl) (Entered: February 3, 2009)
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| February 17, 2009 |
32
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Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Transfer Case, 23 MOTION to Dismiss for Failure to State a Claim by Luxpro Corporation. (Patton, Nicholas) (Entered: February 17, 2009)
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| February 17, 2009 |
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TEXT ONLY ORDER granting 32 Plaintiff's Motion for Extension of Time to File Response to 3/2/2009. Defendant has up to and
including 3/30/2009 to file its reply to Plaintiff's response to Defendant's Motion to Dismiss and Motion to Transfer. Signed by Honorable Harry F. Barnes on 2/17/2009. (ljl) (Entered:
02/17/2009)
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| March 2, 2009 |
33
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RESPONSE in Opposition re 25 MOTION to Transfer Case Plaintiff's Response in Opposition to Defendant's Motion to Transfer
Venue and Brief in Support Thereof filed by Luxpro Corporation. (Attachments: # 1 Exhibit Ex A Declaration of Fu-Ching
Wu)(Adams, Richard) (Entered: March 2, 2009)
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| March 2, 2009 |
34
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RESPONSE & BRIEF in Opposition re 23 MOTION to Dismiss for Failure to State a Claim Plaintiff Luxpro
Corporation's Response to Defendant Apple, Inc.'s Motion to Dismiss for Failure to State a Claim filed by Luxpro Corporation. (Adams, Richard) Modified on 3/3/2009 to add text (cap).
(Entered: March 2, 2009)
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| March 24, 2009 |
35
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***PLEASE DISREGARD - REFILED AS DOCUMENT 36 *** MOTION for Extension of Time to File Response/Reply by Apple, Inc. as to
23 Motion to Dismiss for Failure to State a Claim and as to 25
Motion to Transfer Case. (Crass, Kevin) Modified on 3/25/2009 to create document link and to note to disregard (cap). (Entered: March 24, 2009)
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| March 24, 2009 |
36
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MOTION for Extension of Time to File Response/Reply as to 23 Motion to Dismiss Case for Failure to State a Claim and as to
25 MOTION to Transfer Case by Apple, Inc. (Crass, Kevin) Modified on 3/25/2009 to create link and edit text (cap). (Entered:
03/24/2009)
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| March 27, 2009 |
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TEXT ONLY ORDER granting 36 Motion for Extension of Time to File Response/Reply to April 6, 2009. Signed by Honorable Harry F.
Barnes on March 27, 2009. (ljl) (Entered: March 27, 2009)
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| April 6, 2009 |
37
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REPLY in Support re 23 MOTION to Dismiss for Failure to State a Claim filed by Apple, Inc.. (Crass, Kevin) Modified on
4/7/2009 to edit text (cap). (Entered: April 6, 2009)
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| April 6, 2009 |
38
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REPLY in Support re 25 MOTION to Transfer Case filed by Apple, Inc.. (Crass, Kevin) Modified on 4/7/2009 to edit text (cap).
(Entered: April 6, 2009)
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| April 6, 2009 |
39
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SUPPLEMENT by Defendant Apple, Inc. to 25 MOTION to Transfer Case. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Crass, Kevin) (Entered: April 6, 2009)
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| April 27, 2009 |
40
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MOTION to Withdraw by Luxpro Corporation. (Patton, Nicholas) (Entered: April 27, 2009)
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| April 27, 2009 |
41
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MOTION to Withdraw by Luxpro Corporation. (Peden, Patricia) (Entered: April 27, 2009)
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| May 27, 2009 |
42
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ORDER granting 40 Motion to Withdraw as Attorney. Attorney Nicholas H. Patton terminated. Signed by Honorable Harry F. Barnes
on May 27, 2009. (cap) (Entered: May 27, 2009)
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| May 27, 2009 |
43
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ORDER granting 41 Motion to Withdraw as Attorney. Attorney Patricia L. Peden terminated. Signed by Honorable Harry F. Barnes on
May 27, 2009. (cap) (Entered: May 27, 2009)
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| July 1, 2009 |
44
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MOTION of Sean F. Rommel to Withdraw as Attorney by Luxpro Corporation. (Adams, Richard) (Entered: July 1, 2009)
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| July 2, 2009 |
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TEXT ONLY ORDER granting 44 Motion to Withdraw as Attorney. Attorney Sean F. Rommel terminated. Signed by Honorable Harry F.
Barnes on July 2, 2009. (ljl) (Entered: July 2, 2009)
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| August 24, 2009 |
45
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ORDER Setting Hearing on Motions: Motion Hearing set for 9/1/2009 @ 10:00 AM in Texarkana -- 3rd flr (AR side) before Honorable Harry F. Barnes. Signed by Honorable Harry F. Barnes on
August 24, 2009. (rwg) (Entered: August 24, 2009)
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| August 26, 2009 |
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TEXT ONLY ORDER granting 28 Apple Inc.'s Motion for Order requesting the Court take judicial notice of 1) the injunction issued
by a German court on March 14, 2005 and 2) an injunction issued by a Taiwanese court on August 18, 2005. Signed by Honorable Harry F. Barnes on August 26, 2009. (alw) (Entered:
08/26/2009)
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| September 1, 2009 |
46
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Minute Entry for proceedings held before Honorable Harry F. Barnes: Motion Hearing held on 9/1/2009. (rwg) (Entered: September 1, 2009)
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| September 2, 2009 |
47
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MOTION for Order in Support of Apple Inc.'s Motion to Dismiss by Apple, Inc.. (Attachments: # 1 Exhibit 1)(Crass, Kevin)
(Entered: September 2, 2009)
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| September 4, 2009 |
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Court Recording of Motion Hearing held on 9/1/09, by Court Reporter Donna McKinney, Tape No. DM 09-38, Location of Tape: El Dorado. (cnn) (Entered: September 4, 2009)
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| September 25, 2009 |
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TEXT ONLY ORDER granting Defendant's 47 Motion for Order requesting the Court take judicial notice of the July 7, 2009 decision
of the Taiwan Supreme Court.Signed by Honorable Harry F. Barnes on September 25, 2009. (alw) (Entered: September 25, 2009)
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| September 28, 2009 |
48
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MEMORANDUM OPINION. Signed by Honorable Harry F. Barnes on September 28, 2009. (cnn) (Entered: September 28, 2009)
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| September 28, 2009 |
49
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ORDER granting in part and denying in part 23 Motion to Dismiss; Luxpro directed to file any amendments to the complaint within
14 days. Signed by Honorable Harry F. Barnes on September 28, 2009. (cnn) (Entered: September 28, 2009)
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| September 28, 2009 |
50
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ORDER denying 25 Motion to Transfer Case. Signed by Honorable Harry F. Barnes on September 28, 2009. (cap) (Entered:
09/28/2009)
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| October 7, 2009 |
51
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Unopposed MOTION for Extension of Time to Amend Complaint by Luxpro Corporation. (Cockrell, Phillip) (Entered: October 7, 2009)
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| October 8, 2009 |
52
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MOTION for Extension of Time to File Response/Reply and Other Relief by Apple, Inc.. (Pratt, James) (Entered: October 8, 2009)
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| October 8, 2009 |
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TEXT ONLY ORDER granting 51 Plaintiff's Motion for Extension of Time to Amend. Plaintiff shall file its Second Amended
Complaint on or before November 2, 2009.. Signed by Honorable Harry F. Barnes on October 8, 2009. (alw) (Entered: October 8, 2009)
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| October 13, 2009 |
53
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ORDER granting 52 Motion for Extension of Time to File Response/Reply to second amended complaint; defendants are not required
to answer first amended complaint, response to second amended complaint is due within 20 days of it being filed. Signed by Honorable Harry F. Barnes on October 12, 2009. (cnn) (Entered:
10/13/2009)
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| October 28, 2009 |
54
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NOTICE OF FILING OFFICIAL TRANSCRIPT of Argument on Motions held on September 1, 2009, before Judge Harry F. Barnes. Court Reporter/Transcriber: Donna McKinney, Telephone number
870-862-1303. Envelope Number: 09-38. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before or after the deadline for Release of
Transcript Restriction. After that date it, or a redacted transcript, may be obtained through PACER. A Notice of Intent to Request Redaction of the Transcript MUST be filed within
7 calendar days of the filing of the transcript and served manually on the court reporter/transcriber. Redaction Request due 11/18/2009. Redacted
Transcript Deadline set for 11/30/2009. Release of Transcript Restriction set for 1/26/2010. (cap) (Entered: October 28, 2009)
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| October 29, 2009 |
55
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Unopposed MOTION for Extension of Time to Amend First Amended Complaint by Luxpro Corporation. (Cockrell, Phillip) (Entered: October 29, 2009)
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| October 30, 2009 |
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TEXT ONLY ORDER granting 55 Motion for Extension of Time to file a second amended complaint. Plaintiff has up to and including
November 23, 2009, to file its second amended complaint. Signed by Honorable Harry F. Barnes on October 30, 2009. (ljl) (Entered: October 30, 2009)
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| November 19, 2009 |
56
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Unopposed MOTION for Extension of Time to Amend Complaint by Luxpro Corporation. (Cockrell, Phillip) (Entered: November 19, 2009)
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| November 20, 2009 |
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TEXT ONLY ORDER granting 56 Motion for Extension of Time to Amend Complaint. Plaintiff has up to and including December 7,
2009, to file its amended complaint. Signed by Honorable Harry F. Barnes on November 20, 2009. (ljl) (Entered: November 20, 2009)
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| November 20, 2009 |
57
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NOTICE (USCA) that a PETITION FOR WRIT OF MANDAMUS has been filed as case number 09-3689, in the 8th Circuit Court of Appeals by Apple, Inc. for 50 Order on Motion to Transfer Case. (Attachments: # 1 Petition for Writ of
Mandamus, # 2 Appendix of Exhibits to Petition, Part I, # 3
Appendix of Exhibits to Petition, Part II, # 4 Petitioner's Letter to 8USCA, # 5 Receipt of Payment by 8USCA)(cap) (Entered: November 23, 2009)
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| December 7, 2009 |
58
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ORDER of USCA granting in part respondent Luxpro Corporation's motion for extension of time to respond as to 57 Petition for
Writ of Mandamus Notice (USCA), filed by Apple, Inc. (cap) Modified on 12/7/2009 to correct text (cap). (Entered: December 7, 2009)
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| December 7, 2009 |
59
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MOTION for Leave to File Second Amended Complaint by Luxpro Corporation. (Attachments: # 1 Exhibit A Second Amended
Complaint, # 2 Exhibit B Transcript 9-1-09 Hrg)(Adams, Richard) Modified on 12/8/2009 to edit labels (cap). (Entered:
12/07/2009)
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