Plaintiff Energy Automation Systems, Inc. sued defendants Xcentric Ventures, LLC and Edward Magedson. Plaintiff alleged that defendant's websites badbusinessbureau.com and ripofferport.com published false and deceptively misleading statements of fact concerning EASI, its dealerships, and its employees by a few disgruntled former EASI dealers.
Date Filed
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#
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Docket Text
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| November 6, 2006 |
1
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COMPLAINT against Edward Magedson, Xcentric Ventures, LLC , filed by Energy Automation Systems, Inc. Filing Fee paid $350. Summons Issued. (Attachments: # 1 summons)(eh) (Entered: November 7, 2006)
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| November 6, 2006 |
2
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NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirement (eh) (Entered: November 7, 2006)
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| November 6, 2006 |
3
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CORPORATE DISCLOSURE STATEMENT filed by Energy Automation Systems, Inc. (eh) (Entered: November 7, 2006)
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| November 6, 2006 |
4
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NOTICE of Initial Case Management Conference set for Monday 1/8/2007 at 01:30 PM in Room 825 before District Judge Aleta A. Trauger. (eh) (Entered: November 7, 2006)
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| November 7, 2006 |
5
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Letter from Deputy Clerk to W. Russell Taber, Esq. re Compliance with Local Rule 83.01. (jb) (Entered: November 7, 2006)
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| December 27, 2006 |
6
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SUMMONS returned executed by Energy Automation Systems, Inc.. Xcentric Ventures, LLC served on 11/17/2006. (Campbell, William) (Entered: December 27, 2006)
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| December 29, 2006 |
7
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MOTION for Extension of Time to File Answer re 1 Complaint by Xcentric
Ventures, LLC. (Watts, Talmage) (Entered: December 29, 2006)
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| January 2, 2007 |
8
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ORDER granting 7 Motion for Extension of Time to Answer; Deft Xcentric
Ventures LLC answer due 1/5/2007. Signed by Judge Aleta A. Trauger on 1/2/07. (aef, ) (Entered: January 3, 2007)
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| January 4, 2007 |
9
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Joint MOTION to Continue Initial Case Management Conference by Energy Automation Systems, Inc.. (Campbell, William) (Entered: January 4, 2007)
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| January 4, 2007 |
10
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ORDER granting 9 Joint MOTION to Continue Initial Case Management
Conference filed by Energy Automation Systems, Inc. Case Management Conference reset for 2/26/2007 at 01:15 PM before District Judge Aleta A. Trauger. Signed by Judge Aleta A. Trauger
on 1/4/07. (hv) (Entered: January 4, 2007)
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| February 23, 2007 |
11
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PROPOSED CASE MANAGEMENT ORDER (NOT SIGNED BY COUNSEL) filed by Energy Automation Systems, Inc., Xcentric Ventures, LLC. (Campbell, William) Modified on 2/23/07 (jb). (Entered: February 23, 2007)
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| February 23, 2007 |
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Note to Filer re DE #11-Proposed Case Management Order does not contain attorneys' signature. Filer is directed to refile with the attorneys' names typed in the space where the signature
would otherwise appear preceded by the symbol "s/" or inserted by facsimile signature. (jb) (Entered: February 23, 2007)
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| February 23, 2007 |
12
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PROPOSED CASE MANAGEMENT ORDER filed by Energy Automation Systems, Inc., Xcentric Ventures, LLC. (Campbell, William) (Entered: February 23, 2007)
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| February 26, 2007 |
13
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ORDER: The Initial Case Management Conference scheduled for 2/26/07 at 1:15 p.m. is continued. The pltf shall file its Amended Complaint by 3/5/07. The defts shall respond to the Amended
Complaint by 3/26/07. The Initial Case Management Conference is scheduled for 4/9/07 at 11:15 a.m. Signed by Judge Aleta A. Trauger on 2/26/07. (jb) (Entered: February 26, 2007)
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| February 26, 2007 |
14
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ORDER: The pltf shall file by 3/19/07 a RICO case statement. This statement shall include the facts the pltf is relying upon to initiate this RICO complaint as a result of the "reasonable
inquiry" required by Fed.R.Civ.P. Rule 11. Signed by Judge Aleta A. Trauger on 2/26/07. (jb) (Entered: February 26, 2007)
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| March 5, 2007 |
15
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AMENDED COMPLAINT against all defendants, filed by Energy Automation Systems, Inc..(Campbell, William) (Entered: March 5, 2007)
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| March 26, 2007 |
16
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NOTICE of Appearance by Timothy L. Warnock on behalf of Energy Automation Systems, Inc. (Warnock, Timothy) (Entered: March 26, 2007)
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| March 26, 2007 |
17
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MOTION to Dismiss for Lack of Personal Jurisdiction by Xcentric Ventures, LLC. (Attachments: (1) Exhibit 1 w/o Ex. A thereto (2) Exhibit 2 (3) Exhibit 3)(Watts, Talmage) Modified Text on
3/27/07 (jb). (Entered: March 26, 2007)
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| March 27, 2007 |
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Note to Filer re DE #17-Signed affidavits/declarations should be filed as separate events, not as attachments to other pleadings. The mandatorydescription field should be used for each
exhibit filed. The mandatory description field should be used to accurately describe the contents of yourattachment (labeling as Exhibit A, B C or Exhibit 1, 2, 3 is not sufficient).These
documents do not need to be re-filed unless otherwise directed by the Court. (jb) (Entered: March 27, 2007)
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| March 27, 2007 |
18
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Letter from Deputy Clerk to Maria Crimi Speth re Compliance with Local Rule 83.01. (jb) (Entered: March 27, 2007)
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| March 27, 2007 |
19
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Additional Attachments to Main Document: Exhibit A1 to 17 MOTION to Dismiss
for Lack of Personal Jurisdiction. (Watts, Talmage) Modified Text on 3/28/07 (jb). (Entered: March 27, 2007)
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| March 27, 2007 |
20
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Additional Attachments to Main Document: Exhibit A2 to 17 MOTION to Dismiss
for Lack of Personal Jurisdiction. (Watts, Talmage) Modified Text on 3/28/07 (jb). (Entered: March 27, 2007)
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| March 27, 2007 |
21
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Additional Attachments to Main Document: Exhibit A3 to 17 MOTION to Dismiss
for Lack of Personal Jurisdiction. (Watts, Talmage) Modified Text on 3/28/07 (jb). (Entered: March 27, 2007)
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| March 27, 2007 |
22
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Additional Attachments to Main Document: Exhibit A4 to 17 MOTION to Dismiss
for Lack of Personal Jurisdiction. (Watts, Talmage) Modified Text on 3/28/07 (jb). (Entered: March 27, 2007)
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| March 28, 2007 |
23
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ORDER: Deft Excentric Ventures, LLC has filed a 17 Motion to Dismiss for
Lack of Personal Jurisdiction. The Initial Case Management Conference scheduled for 4/9/07 is continued to be reset following a decision on this pending motion. Signed by Judge Aleta A.
Trauger on 3/28/07. (jb) (Entered: March 28, 2007)
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| April 11, 2007 |
24
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MOTION to Lift Stay on Discovery for Limited Purpose of Discovering Jurisdictional Facts re 17 MOTION to Dismiss for Lack of Personal Jurisdiction by Energy Automation
Systems, Inc. (Attachments: (1) Exhibit A - Letter to Freeman (2) Exhibit B - Email to Freeman)(Warnock, Timothy) Modified Text on 4/12/07 (jb). (Entered: April 11, 2007)
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| April 11, 2007 |
25
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RESPONSE to Motion re 17 MOTION to Dismiss for Lack of Personal
Jurisdiction filed by Energy Automation Systems, Inc.. (Attachments: # 1
Exhibit A - Email# 2 Exhibit B - Email# 3 Exhibit C - Letter to John Jacobson# 4 Exhibit D - Email to Bleiweis# 5 Errata - Case Law# 6 Errata - Case Law (MCW v. Badbusinessbureau.com)# 7 Errata - Case Law (Whitney v. Xcentric)# 8 Errata - Case Law (USA v. Guidant)# 9 Errata - Memorandum and Order (Whitney v. Xcentric)# 10 Errata - PressRepublican Article)(Warnock, Timothy) (Entered: April 11, 2007)
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| April 11, 2007 |
26
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DECLARATION of Paul B. Bleiweis in support of 25 Response to Motion filed
by Energy Automation Systems, Inc. (Warnock, Timothy) Modified Text on 4/12/07 (jb). (Entered: April 11, 2007)
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| April 23, 2007 |
27
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MOTION AND MEMORANDUM For an Extension of Time for Service of Summons and Complaint upon Defendant Magedson by Energy Automation Systems, Inc. (Attachments: (1) Exhibit March 22, 2007 email
(2) Exhibit February 1, 2007 newspaper article (3) Exhibit Notice of Filing in Illinois case (4) Exhibit Order in Illinois case extending time (5) Exhibit Order in Illinois case for
substitute service (6) Exhibit LEXIS case)(Taber, W.) Modified Text on 4/23/07 (jb). (Entered: April 23, 2007)
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| April 23, 2007 |
28
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DECLARATION of Robin Rennells in support of 27 MOTION AND MEMORANDUM For an
Extension of Time for Service of Summons and Complaint upon Defendant Magedson filed by Energy Automation Systems, Inc. (Taber, W.) Modified Text on 4/23/07 (jb). (Entered: April 23, 2007)
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| April 25, 2007 |
29
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ORDER: Counsel for the Pltf shall immediately serve Ms. Speth with copies of the 24 Motion to Lift Stay on Discovery for Limited Purpose of Discovering
Jurisdictional Facts & the 27 Motion and Memorandum For an Extension of
Time for Service of Summons and Complaint by electronic mail and/or by fax and shall file a certificate of service that he has done so. The response time for both of these motions shall be
calculated from the filing of the certificate of service ordered herein. Signed by Judge Aleta A. Trauger on 4/25/07. (jb) (Entered: April 25, 2007)
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| April 25, 2007 |
30
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NOTICE of Filing Certificate of Service to DE Nos. 24 & 27 by Energy Automation Systems, Inc. (Attachment: (1) Exhibit - Certificate of
Service)(Taber, W.) Modified Text on 4/26/07 (jb). (Entered: April 25, 2007)
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| May 4, 2007 |
31
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RESPONSE in Opposition re 24 MOTION to Lift Stay on Discovery for Limited
Purpose of Discovering Jurisdictional Facts re 17 MOTION to Dismiss for
Lack of Personal Jurisdiction filed by Xcentric Ventures, LLC. (Watts, Talmage) (Entered: May 4, 2007)
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| May 16, 2007 |
32
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MOTION for Leave to File Reply Brief re 24 MOTION to Lift Stay on Discovery
for Limited Purpose of Discovering Jurisdictional Facts re 17 MOTION to
Dismiss for Lack of Personal Jurisdiction by Energy Automation Systems, Inc.. (Taber, W.) (Entered: May 16, 2007)
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| May 16, 2007 |
33
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REPLY to Response to Motion re 24 MOTION to Lift Stay on Discovery for
Limited Purpose of Discovering Jurisdictional Facts re 17 MOTION to Dismiss
for Lack of Personal Jurisdiction filed by Energy Automation Systems, Inc.. (Attachments: (1) Exhibit 1 - Article (2) Exhibit 2 - Motion for an Order (3) Exhibit 3 - Report and
Recommendation)(Taber, W.) Modified Text on 5/17/07 (jb). (Entered: May 16, 2007)
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| May 17, 2007 |
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Note to Filer re DE #33-This document should have been filed as an attachment to the Motion for Leave DE #32. This document does not need to be re-filed unless otherwise directed by the
Court. (jb) (Entered: May 17, 2007)
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| May 17, 2007 |
34
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ORDER granting 32 Pltf's Motion for Leave to File Reply Brief in support of
its Motion to Lift Stay on Discovery for Limited Purpose of Discovering Jurisdictional Facts. Signed by Judge Aleta A. Trauger on 5/17/07. (jb) (Entered: May 17, 2007)
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| May 17, 2007 |
35
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NOTICE of Entry of Appearance by William J. Shreffler & James A. Freeman III as Local Counsel for Defts. (Shreffler, William) Modified Text on 5/18/07 (jb). (Entered: May 17, 2007)
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| May 18, 2007 |
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Note to Filer re DE #35-Notice of Appearance filed in error as a Motion. The Motion has been termed as pending. Notice of Appearance should be filed using the Notice of Appearance event
under Notices. This document does not need to be re-filed unless otherwise directed by the Court. (jb) (Entered: May 18, 2007)
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| May 18, 2007 |
36
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MOTION for attorney Maria Crimi Speth to Appear Pro Hac Vice by Xcentric Ventures, LLC. (Shreffler, William) (PHV Fee Paid & Certificate of Good Standing Not in Compliance with Local
Rule 83.01) (SEE DE #47 FOR CERTIFICATE OF GOOD STANDING IN COMPLIANCE WITH
LOCAL RULE 83.01) Modified on 5/21/07 (jb). Modified on 5/25/07 (jb). Modified on 6/13/07 (jb). (Entered: May 18, 2007)
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| May 18, 2007 |
37
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AFFIDAVIT of Maria Crimi Speth in support of 36 MOTION for attorney Maria
Crimi Speth to Appear Pro Hac Vice by Xcentric Ventures, LLC. (Shreffler, William) Modified Text on 5/21/07 (jb). (Entered: May 18, 2007)
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| May 18, 2007 |
38
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CERTIFICATE OF GOOD STANDING from The Supreme Court of Arizona on behalf of Maria Crimi Speth in support of 36 MOTION for attorney Maria Crimi Speth to Appear Pro Hac Vice filed by Xcentric
Ventures, LLC. (Shreffler, William) Modified Text on 5/21/07 (jb). (Entered: May 18, 2007)
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| May 21, 2007 |
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Note to Filer re DE #38-Certificate of Good Standing is not in compliance with Local Rule 83.01. Attorney is directed to FILE Certificate of Good Standing from a Federal Court. (jb)
(Entered: May 21, 2007)
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| May 25, 2007 |
39
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RECEIPT #114927 in the amount of $75.00 posted on 5/25/07 for PHV Fee on behalf of Maria Crimi Speth re 36 Motion to Appear Pro Hac Vice. (jb) (Entered: May 25, 2007)
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| May 25, 2007 |
40
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MEMORANDUM AND OPINION signed by Judge Aleta A. Trauger on 5/25/07. (hv) (Entered: May 25, 2007)
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| May 25, 2007 |
41
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ORDER: For the reasons stated in the accompanying Memorandum, denying 17
Motion to Dismiss for Lack of Jurisdiction; granting 24 Motion to Lift Stay
of Discovery. Signed by Judge Aleta A. Trauger on 5/25/07. (hv) (Entered: May 25, 2007)
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| May 25, 2007 |
42
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NOTICE of Hearing: Initial Case Management Conference set for 6/15/2007 at 01:15 PM in Courtroom 873 before District Judge Aleta A. Trauger. (hv) (Entered: May 25, 2007)
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| June 11, 2007 |
43
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MOTION to Continue Initial Case Management Conference by defts. (Shreffler, William) Modified Text on 6/12/07 (jb). (Entered: June 11, 2007)
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| June 11, 2007 |
44
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ORDER granting 27 Motion for an Extension of Time to 6/22/07 for Service of
Summons and Complaint upon Deft Ed Magedson. Signed by Judge Aleta A. Trauger on 6/11/07. (gi, ) (Entered: June 11, 2007)
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| June 11, 2007 |
45
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ORDER: Lead counsel for each party is to be present at the initial case management conference set on 6/15/07. Ms. Speth shall appear in person for the conference. However, Ms. Speth's
motion for admission pro hac vice 36 has not yet been granted because she
has failed to file a certificate that she is in good standing with a USDC. Ms. Speth shall cure this defect by 6/14/07 so that she may properly appear before the Court on 6/15/07 for the
initial case management conference. Signed by Judge Aleta A. Trauger on 6/11/07. (gi, ) (Entered: June 11, 2007)
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| June 12, 2007 |
46
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ORDER granting 43 Motion to Continue Initial Case Management Conference.
The Initial Case Management Conference is reset for 6/25/07 at 10:30 AM conditioned upon this date being available for lead counsel for the defts, Maria Crimi Speth of Phoenix, Arizona.
Signed by Judge Aleta A. Trauger on 6/12/07. (jb) (Entered: June 12, 2007)
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| June 13, 2007 |
47
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CERTIFICATE OF GOOD STANDING on behalf of Maria Crimi Speth from USDC/Arizona in support of 36 MOTION for Admission Pro Hac Vice filed by Xcentric Ventures, LLC. (Shreffler,
William) Modified Text on 6/13/07 (jb). (Entered: June 13, 2007)
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| June 14, 2007 |
48
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ORDER granting 36 Motion for Maria Crimi Speth to Appear Pro Hac Vice .
Signed by Judge Aleta A. Trauger on 6/14/07. (jb) (Entered: June 14, 2007)
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| June 14, 2007 |
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Remark-Maria Crimi Speth was notified by e-mail to register for an ECF Account.(jb) Modified on 6/19/07 (jb). (Entered: June 14, 2007)
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| June 19, 2007 |
49
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MOTION To Substitute Service of Process for Defendant Edward Magedson by Energy Automation Systems, Inc.. (Attachments: # 1 Exhibit A - Letter to Freeman# 2 Exhibit B - Email# 3 Exhibit C - Email# 4 Exhibit D - Email# 5 Attachment - Order)(Taber, W.) (Entered: June 19, 2007)
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| June 20, 2007 |
50
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ORDER: Because the 44 Order did not clearly require it, it is hereby
ORDERED that Maria Speth, lead counsel for Xcentric Ventures, LLC, shall furnish to counsel for the pltf by 5:00 PM on 6/21/07, the address at which deft Edward Magedson may be served with
process in this case. If Ms. Speth does not timely comply with this Order, she shall be prepared to SHOW CAUSE at the Initial Case Management Conference, scheduled for 6/25/07 at 10:30 AM
why she should not be held in contempt. Signed by Judge Aleta A. Trauger on 6/20/07. (jb) (Entered: June 20, 2007)
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| June 20, 2007 |
51
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CORRECTED ORDER: Because the 44 Order did not clearly require it, it is
hereby ORDERED that Maria Speth, lead counsel for Xcentric Ventures, LLC, shall furnish to counsel for the pltf by 5:00 p.m. CST on 6/21/07, the address at which deft Edward Magedson may be
served with process in this case. If Ms. Speth does not timely comply with this Order, she shall be prepared to SHOW CAUSE at the Initial Case Management Conference, scheduled for 6/25/07
at 10:30 a.m. why she should not be held in contempt. Signed by Judge Aleta A. Trauger on 6/20/07. (jb) (Entered: June 20, 2007)
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| June 21, 2007 |
52
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RESPONSE to 49 Motion To Substitute Service of Process for Defendant Edward
Magedson and Counsel for Deft Xcentric's Compliance with 51 June 20, 2007
Order filed by Xcentric Ventures, LLC. (Attachment: (1) Exhibit A)(Speth, Maria) Modified Text on 6/21/07 (jb). (Entered: June 21, 2007)
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| June 21, 2007 |
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Note to Filer re DE #52-The mandatory description field, for each exhibit filed, should be used to accurately describe the contents of your attachment (labeling as Exhibit A, B C or Exhibit
1, 2, 3 is not sufficient). This document does not need to be re-filed unless otherwise directed by the Court. (jb) (Entered: June 21, 2007)
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| June 21, 2007 |
53
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PROPOSED CASE MANAGEMENT ORDER AMENDED filed by all parties. (Shreffler, William) (Entered: June 21, 2007)
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| June 25, 2007 |
54
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SUMMONS returned executed by Energy Automation Systems, Inc.. Edward Magedson served on 6/21/2007. (Taber, W.) (Entered: June 25, 2007)
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| June 25, 2007 |
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Minute Entry for proceedings held before Judge Aleta A. Trauger : Case Management Conference held on 6/25/2007. Discovery ddl on limited issue of CDA - 10/1/07, summary judgment mtn -
11/1/07, response 11/21/07, reply 12/3/07. After disposition of SJ motion and case survives, reset another CMC. (Court Reporter none.) (bb-j, ) (Entered: June 25, 2007)
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| June 25, 2007 |
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Note to Filer re DE #52-Exhibit A was scanned using an incorrect scan size. The scanner should be set to 8.5 x 11. This exhibit needs to be re-filed. (jb) (Entered: June 25, 2007)
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| July 6, 2007 |
55
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Additional Attachments to Main Document-Exhibit A to 52 Response to
49 Motion To Substitute Service of Process. (Speth, Maria) Modified on
7/6/07 (jb). (Entered: July 6, 2007)
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| July 11, 2007 |
56
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ANSWER to Amended Complaint by Edward Magedson, Xcentric Ventures, LLC.(Speth, Maria) (Entered: July 11, 2007)
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| July 17, 2007 |
57
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***DISREGARD ENTRY - ATTY TO REFILE*** PROPOSED CASE MANAGEMENT ORDER filed by Energy Automation Systems, Inc.. (Taber, W.) Modified on 7/17/2007 (hv). (Entered: July 17, 2007)
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| July 17, 2007 |
58
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PROPOSED CASE MANAGEMENT ORDER filed by the parties. (Taber, W.) Modified Text on 7/17/07 (jb). (Entered: July 17, 2007)
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| July 20, 2007 |
59
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INITIAL CASE MANAGEMENT ORDER: Discovery due by 10/1/2007. Dispositive Motions due by 11/1/2007. Signed by Judge Aleta A. Trauger on 7/20/07. (dt) (Entered: July 20, 2007)
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| September 28, 2007 |
60
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PROPOSED CASE MANAGEMENT ORDER (Second) filed by the parties. (Taber, W.) Modified Text on 10/1/07 (Brooks, Joyce). (Entered: September 28, 2007)
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| October 2, 2007 |
61
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SECOND CASE MANAGEMENT ORDER: The parties shall complete all written discovery and depose all fact witnesses with respect to those issues on or before 11/1/07. The Court will address
motions to amend at the next case management conference. The Defendants shall file a motion for partial summary judgment with respect to the CDA on or before 12/4/07. The Court will address
estimated trial time at the next case management conference. Signed by Judge Aleta A. Trauger on 10/2/07. (jb) (Entered: October 2, 2007)
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| October 15, 2007 |
62
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ORDER: Telephone Conference set for 10/16/2007 at 12:15 PM before District Judge Aleta A. Trauger. Chambers will place the conference call. Signed by Judge Aleta A. Trauger on 10/15/07.
(dt) (Entered: October 15, 2007)
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| October 16, 2007 |
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Minute Entry for proceedings held before Judge Aleta A. Trauger : Telephone Conference held on 10/16/2007. Discovery dispute. (Court Reporter none.) (bb-j) (Entered: October 16, 2007)
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