McAfee, Inc v. Wilmer, Cutler, Pickering, Hale and Dorr, LLP

Plaintiff McAfee, Inc. alleged that Defendant Wilmer, Cutler, Pickering, Hale and Dorr, L.L.P. over worked and churned the representation of Plaintiff's former CFO Prbhat Goyal.
Plaintiff:McAfee, Inc
Defendant:Wilmer, Cutler, Pickering, Hale and Dorr, LLP
 
Case Number:4:2008cv00160
Filed:May 5, 2008
 
Court:Texas Eastern District Court
Office:Contract: Other Office [ Court Info ]
County:Collin
Presiding Judge:Judge Michael H. Schneider
Referring Judge:Magistrate Judge Don D. Bush
 
Nature of Suit:Contract - Other Contract
Cause:Federal Question
Jurisdiction:Federal Question
Jury Demanded By:28:1332 Diversity-Contract Dispute
Date Filed # Docket Text
May 5, 2008 1 NOTICE OF REMOVAL by Wilmer, Cutler, Pickering, Hale and Dorr, LLP from 401st Judicial District of Collin County, TX, case number 401-00568-2008. (Filing fee $ 350 receipt 4-2-2201), filed by Wilmer, Cutler, Pickering, Hale and Dorr, LLP. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Civil Cover Sheet)(lhj, ) (Entered: May 8, 2008)
May 7, 2008 2 AMENDED SECOND COMPLAINT by McAfee, Inc.. (lhj, ) (Entered: May 8, 2008)
May 8, 2008 3 Magistrate Consent Form e-mailed to all parties. (lhj, ) (Entered: May 8, 2008)
May 8, 2008 4 NOTICE of case assignment to Judge Michael Schneider. (lhj, ) (Entered: May 8, 2008)
May 8, 2008 5 ORDER REFERRING CASE to Magistrate Judge Don D. Bush pursuant to a standing order. (lhj, ) (Entered: May 8, 2008)
May 23, 2008 6 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Wilmer, Cutler, Pickering, Hale and Dorr, LLP.( Bates, Shawn) (Entered: May 23, 2008)
May 23, 2008 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Wilmer, Cutler, Pickering, Hale and Dorr, LLP to 6/9/2008. 28 Days Granted for Deadline Extension.( kls, ) (Entered: May 23, 2008)
June 9, 2008 7 MOTION to Dismiss Under Rules 12(b)(1), (3), (6), (7), and 9(b) by Wilmer, Cutler, Pickering, Hale and Dorr, LLP. (Attachments: # Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Bates, Shawn) (Additional attachment(s) added on 6/12/2008: # 7 Text of Proposed Order) (kls, ). (Entered: June 9, 2008)
June 9, 2008 8 MOTION to Strike 2 Amended Document by Wilmer, Cutler, Pickering, Hale and Dorr, LLP. (Attachments: # Text of Proposed Order)(Bates, Shawn) (Additional attachment(s) added on 6/12/2008: # 2 Text of Proposed Order) (kls, ). (Additional attachment(s) added on 6/12/2008: # 2 Text of Proposed Order) (kls, ). (Entered: June 9, 2008)
June 9, 2008 9 APPLICATION to Appear Pro Hac Vice by Attorney Gerson A Zweifach for Wilmer, Cutler, Pickering, Hale and Dorr, LLP. (kls, ) (Entered: June 10, 2008)
June 13, 2008 10 ORDER TO MEET, REPORT AND APPEAR AT SCHEDULING CONFERENCE. Rule 26 Meeting Report due by 7/10/2008. Signed by Judge Michael H. Schneider on 6/13/2008. (kls, ) (Entered: June 13, 2008)
June 24, 2008 11 RESPONSE in Opposition re 7 MOTION to Dismiss Under Rules 12(b)(1), (3), (6), (7), and 9(b) MOTION to Dismiss Under Rules 12(b)(1), (3), (6), (7), and 9(b) filed by McAfee, Inc. (Rose, Martin) (Entered: June 24, 2008)
June 24, 2008 12 ***DISREGARD - AMENDED MOTION TO BE FILED WITH CERTIFICATE OF CONFERENCE*** MOTION for Leave to File Supplemental Response to Defendant's Motion to Dismiss by McAfee, Inc. (Attachments: # 1 Text of Proposed Order)(Rose, Martin) Modified on 6/25/2008 (cm, ). (Entered: June 24, 2008)
June 25, 2008 13 Additional Attachments to Main Document: 11 Response in Opposition to Motion.. (Rose, Martin) (Entered: June 25, 2008)
June 25, 2008 NOTICE of Deficiency regarding the Plaintiff McAfee'sInc.'s Motion For Leave to File Supplemental Response to Defendant's Motion to Dismiss submitted by McAfee, Inc. failure to include certificate of conference. Correction should be made by one business day (lhj, ) (Entered: June 25, 2008)
June 25, 2008 14 Amended MOTION for Leave to File Supplemental Response to Defendant's Motion to Dismiss by McAfee, Inc. (Attachments: # 1 Text of Proposed Order)(Rose, Martin) (Entered: June 25, 2008)
June 25, 2008 15 Consent MOTION for Leave to File Response to Motion to Strike Second Amended Complaint by McAfee, Inc. (Attachments: # 1 Text of Proposed Order)(Rose, Martin) (Entered: June 25, 2008)
June 26, 2008 16 NOTICE of Attorney Appearance by Kevin Allen Koudelka on behalf of McAfee, Inc (Koudelka, Kevin) (Entered: June 26, 2008)
June 26, 2008 17 RESPONSE in Opposition re 14 Amended MOTION for Leave to File Supplemental Response to Defendant's Motion to Dismiss filed by Wilmer, Cutler, Pickering, Hale and Dorr, LLP. (Attachments: # 1 Exhibit A)(Bates, Shawn) (Entered: June 26, 2008)
June 26, 2008 18 MOTION for Leave to File Third Amended Complaint and Response to Motion to Strike Second Amended Complaint by McAfee, Inc. (Attachments: # 1 Text of Proposed Order)(Rose, Martin) (Entered: June 26, 2008)
June 26, 2008 19 AMENDED COMPLAINT (Third) against all defendants, filed by McAfee, Inc.(Rose, Martin) (Entered: June 26, 2008)
June 27, 2008 20 NOTICE by McAfee, Inc Certificate of Interested Parties (Koudelka, Kevin) (Entered: June 27, 2008)
June 27, 2008 21 ORDER on Plaintiff Mcafee, Inc.'s Unopposed Motion for Leave to File Response to Defendants' Motion to Strike Second Amended Complaint Under Rule 15(a)(2) GRANTING 15 Motion for Leave to File. Signed by Judge Michael H. Schneider on 6/26/08. (cm, ) (Entered: June 27, 2008)
June 27, 2008 22 REPLY to Response to Motion re 14 Amended MOTION for Leave to File Supplemental Response to Defendant's Motion to Dismiss filed by McAfee, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rose, Martin) (Entered: June 27, 2008)
June 30, 2008 23 NOTICE of Disclosure by Wilmer, Cutler, Pickering, Hale and Dorr, LLP DEFENDANTS DISCLOSURE OF INTERESTED PARTIES (Bates, Shawn) (Entered: June 30, 2008)
July 1, 2008 24 SUR-REPLY to Reply to Response to Motion re 14 Amended MOTION for Leave to File Supplemental Response to Defendant's Motion to Dismiss filed by Wilmer, Cutler, Pickering, Hale and Dorr, LLP. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Bates, Shawn) (Entered: July 1, 2008)
July 1, 2008 25 NOTICE by McAfee, Inc Rule 7.1 Disclosure (Koudelka, Kevin) (Entered: July 1, 2008)
July 1, 2008 26 ORDER GRANTING MOTION FOR LEAVE TO FILE SUPPLEMENTAL RESPONSE 14 Motion for Leave to File. Signed by Judge Michael H. Schneider on 7/1/08. (cm, ) (Entered: July 1, 2008)
July 1, 2008 27 ORDER GRANTING MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT 18 Motion for Leave to File. Signed by Judge Michael H. Schneider on 7/1/08. (cm, ) (Entered: July 1, 2008)
July 2, 2008 28 ORDER Denying as Moot Motion to Strike 8 Motion to Strike. Signed by Judge Michael H. Schneider on 7/2/08. (cm, ) (Entered: July 2, 2008)
July 2, 2008 29 NOTICE of Disclosure by McAfee, Inc Disclosure of Interested Parties and Dispute of Defendant's Disclosure (Kendall, Elton) (Entered: July 2, 2008)
July 2, 2008 30 NOTICE by McAfee, Inc Amended Rule 7.1 Disclosure (Koudelka, Kevin) (Entered: July 2, 2008)
July 3, 2008 31 NOTICE by Wilmer, Cutler, Pickering, Hale and Dorr, LLP re 7 MOTION to Dismiss Under Rules 12(b)(1), (3), (6), (7), and 9(b) MOTION to Dismiss Under Rules 12(b)(1), (3), (6), (7), and 9(b) is Moot (Bates, Shawn) (Entered: July 3, 2008)
July 7, 2008 32 RESPONSE in Opposition re 7 MOTION to Dismiss Under Rules 12(b)(1), (3), (6), (7), and 9(b) MOTION to Dismiss Under Rules 12(b)(1), (3), (6), (7), and 9(b), 14 Amended MOTION for Leave to File Supplemental Response to Defendant's Motion to Dismiss filed by McAfee, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rose, Martin) (Entered: July 7, 2008)
July 7, 2008 33 RESPONSE to Motion re 7 MOTION to Dismiss Under Rules 12(b)(1), (3), (6), (7), and 9(b) MOTION to Dismiss Under Rules 12(b)(1), (3), (6), (7), and 9(b) Response to Defendant's Notice That Pending Motion to Dismiss is Moot filed by McAfee, Inc. (Rose, Martin) (Entered: July 7, 2008)
July 7, 2008 34 NOTICE of Attorney Appearance by Lynda Lee Weaver on behalf of McAfee, Inc (Weaver, Lynda) (Entered: July 7, 2008)
July 14, 2008 35 NOTICE by Wilmer, Cutler, Pickering, Hale and Dorr, LLP of Withdrawal of Superseded Motion to Dismiss (Bates, Shawn) (Entered: July 14, 2008)
July 16, 2008 36 ***DEFICIENT DOCUMENT. ATTORNEY MUST REFILE*** DEFENDANT WILMER CUTLER PICKERING HALE AND DORR LLPS MOTION TO DISMISS THE THIRD AMENDED COMPLAINT UNDER RULES 12(b)(1), (3), (6), (7), AND 9(b), AND REQUEST FOR ORAL HEARINGI> by Wilmer, Cutler, Pickering, Hale and Dorr, LLP. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Bates, Shawn) Modified on 7/17/2008 (cm, ). Modified on 7/17/2008 (cm, ). (Entered: July 16, 2008)
July 16, 2008 NOTICE of Deficiency regarding the DEFENDANT WILMER CUTLER PICKERING HALE AND DORR LLPS MOTION TO DISMISS THE THIRD AMENDED COMPLAINT UNDER RULES 12(b)(1), (3), (6), (7), AND 9(b), AND REQUEST FOR ORAL HEARING submitted by Wilmer, Cutler, Pickering, Hale and Dorr, LLP. Motion not signed by attorney. Proposed order docketed as part of motion and must be docketed as an attachment. Correction should be made by one business day.(cm, ) (Entered: July 17, 2008)
July 17, 2008 37 MOTION to Dismiss Corrected Motion to Dismiss The Third Amended Complaint Under Rules 12(b)(1), (3), (6), (7), and 9(b) by Wilmer, Cutler, Pickering, Hale and Dorr, LLP. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Bates, Shawn) (Entered: July 17, 2008)
July 17, 2008 38 ORDER Plaintiff McAfee, Inc. is to respond to the second motion to dismiss no later than July 22, 2008 at 5:00 pm. Signed by Judge Michael H. Schneider on 07/17/2008. (lhj, ) (Entered: 07/17/2008)
July 17, 2008 39 STATUS REPORT Joint Discovery/Case Management Plan by McAfee, Inc, Wilmer, Cutler, Pickering, Hale and Dorr, LLP. (Koudelka, Kevin) (Entered: July 17, 2008)
July 22, 2008 40 RESPONSE to Motion re 36 MOTION to Dismiss The Third Amended Complaint Under Rules 12(b)(1), (3), (6), (7), and 9(b) MOTION to Dismiss The Third Amended Complaint Under Rules 12(b)(1), (3), (6), (7), and 9(b), 37 MOTION to Dismiss Corrected Motion to Dismiss The Third Amended Complaint Under Rules 12(b)(1), (3), (6), (7), and 9(b) MOTION to Dismiss Corrected Motion to Dismiss The Third Amended Complaint Under Rules 12(b)(1), (3), (6), (7), and 9(b) filed by McAfee, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Rose, Martin) (Entered: July 22, 2008)
July 23, 2008 41 REPLY to Response to Motion re 37 MOTION to Dismiss Corrected Motion to Dismiss The Third Amended Complaint Under Rules 12(b)(1), (3), (6), (7), and 9(b) MOTION to Dismiss Corrected Motion to Dismiss The Third Amended Complaint Under Rules 12(b)(1), (3), (6), (7), and 9(b) filed by Wilmer, Cutler, Pickering, Hale and Dorr, LLP. (Bates, Shawn) (Entered: July 23, 2008)
July 24, 2008 42 Minute Entry for proceedings held before Judge Michael H. Schneider: Scheduling Conference held on 7/24/2008. (Court Reporter Jan Mason.) (lgp, ) (Entered: July 24, 2008)
July 29, 2008 43 NOTICE OF FILING PROPOSED ORDER by Wilmer, Cutler, Pickering, Hale and Dorr, LLP re 37 MOTION to Dismiss Corrected Motion to Dismiss The Third Amended Complaint Under Rules 12(b)(1), (3), (6), (7), and 9(b) MOTION to Dismiss Corrected Motion to Dismiss The Third Amended Complaint Under Rules 12(b)(1), (3), (6), (7), and 9(b) Notice of Filing Proposed Order (Attachments: # 1 Text of Proposed Order Proposed Memorandum Opinion and Order)(Bates, Shawn) Modified on 8/4/2008 (cm, ). (Entered: July 29, 2008)
July 31, 2008 44 TRANSCRIPT of Motion Hearing held on July 24, 2008 before Judge Michael H. Schneider. Court Reporter/Transcriber: Jan Mason,Telephone number: 903-590-1096. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. (41 pages) Redaction Request due 8/21/2008. Redacted Transcript Deadline set for 9/2/2008. Release of Transcript Restriction set for 10/29/2008. (rem, ) (Entered: July 31, 2008)
July 31, 2008 45 OBJECTION TO DEFENDANTS PROPOSED MEMORANDUM OPINION AND ORDER by McAfee, Inc re 43 Notice (Other), Notice (Other) (Attachments: # 1 Exhibit 1)(Rose, Martin) Modified on 8/4/2008 (cm, ). (Entered: July 31, 2008)
July 31, 2008 46 NOTICE by McAfee, Inc OF FILING PROPOSED MEMORANDUM OPINION AND ORDER (Attachments: # 1 Text of Proposed Order)(Rose, Martin) (Entered: July 31, 2008)
August 1, 2008 47 RESPONSE TO PLAINTIFF MCAFEE, INC.S OBJECTION TO DEFENDANTS PROPOSED MEMORANDUM OPINION AND ORDER. by Wilmer, Cutler, Pickering, Hale and Dorr, LLP re 45 Notice (Other) (Bates, Shawn) Modified on 8/4/2008 (cm, ). (Entered: August 1, 2008)
Docket Report Last Checked: August 13, 2008 18:28:34 PDT
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Plaintiff: McAfee, Inc
Represented By: Martin Edward Rose
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Defendant: Wilmer, Cutler, Pickering, Hale and Dorr, LLP
Represented By: R Paul Yetter
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