Diamond Heads, LLC v. Everingham

Federal Civil Lawsuit Florida Middle District Court, Case No. 8:07-cv-00462
District Judge Virginia M. Hernandez Covington, presiding
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District Judge Virginia M. Hernandez Covington
Last Updated January 21, 2017 at 3:27 AM EST (9.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Diamond Heads, LLC, Plaintiff

Represented by Akerman LLP

Name Phone Fax E-Mail
TERMINATED: 02/21/2008, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Richard H. Martin +1 813 223 7333 +1 813 223 2837 richard.martin@akerman.com

Represented by Stanton Cronin Law Group, PL

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Sean P. Cronin +1 813 444 0155 +1 813 422 7955 Scronin@sclawyergroup.com

Represented by Suite 1900

Name Phone Fax E-Mail
TERMINATED: 02/21/2008, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Pedro F. Bajo, Jr. +1 813 443 2199 +1 813 443 2193 pedro.bajo@bajocuva.com
TERMINATED: 02/21/2008, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Brad F. Barrios +1 813 443 2199 +1 813 443 2193 brad.barrios@bajocuva.com

Represented by Trask, Britt & Rosa

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Dickson H Burton +1 801 532 1922 hdburton@traskbritt.com
TERMINATED: 12/01/2008, LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Bradley B. Jensen +1 801 799 5700 +1 801 799 5700 bbjensen@hollandhart.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Krista W Powell +1 801 532 1922 kwpowell@traskbritt.com
No Logo Susan Everingham, Counter-Claimant

Represented by Burr & Forman LLP

Name Phone Fax E-Mail
TERMINATED: 11/04/2008, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Harvey Stuart Kauget +1 813 367 5755 +1 813 472 7570 hkauget@burr.com

Represented by Data Rights And Privacy Advisors, Llc

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED James A Powers +1 301 915 8088 +1 866 472 4753 jpowers@data-rights.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED James A Powers +1 301 915 8088 +1 866 472 4753 jpowers@data-rights.com
v.
No Logo Keith Brinton, Defendant

Represented by Suite 1900

Name Phone Fax E-Mail
TERMINATED: 02/21/2008, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Brad F. Barrios +1 813 443 2199 +1 813 443 2193 brad.barrios@bajocuva.com

Represented by Trask, Britt & Rosa

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Dickson H Burton +1 801 532 1922 hdburton@traskbritt.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Krista W Powell +1 801 532 1922 kwpowell@traskbritt.com
No Logo Susan Everingham, Defendant

Represented by Burr & Forman LLP

Name Phone Fax E-Mail
TERMINATED: 11/04/2008, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Harvey Stuart Kauget +1 813 367 5755 +1 813 472 7570 hkauget@burr.com

Represented by Data Rights And Privacy Advisors, Llc

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED James A Powers +1 301 915 8088 +1 866 472 4753 jpowers@data-rights.com

Represented by FELD ENTERTAINMENT, INC.

Name Phone Fax E-Mail
TERMINATED: 11/04/2008, ATTORNEY TO BE NOTICED Eric Robert Pellenbarg +1 813 472 7599 +1 813 472 7570 epellenbarg@feldinc.com
No Logo Diamond Heads, LLC, Counter-Defendant

Represented by Suite 1900

Name Phone Fax E-Mail
TERMINATED: 02/21/2008, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Pedro F. Bajo, Jr. +1 813 443 2199 +1 813 443 2193 pedro.bajo@bajocuva.com
TERMINATED: 02/21/2008, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Pedro F. Bajo, Jr. +1 813 443 2199 +1 813 443 2193 pedro.bajo@bajocuva.com
TERMINATED: 02/21/2008, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Brad F. Barrios +1 813 443 2199 +1 813 443 2193 brad.barrios@bajocuva.com
TERMINATED: 02/21/2008, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Brad F. Barrios +1 813 443 2199 +1 813 443 2193 brad.barrios@bajocuva.com

Represented by Trask, Britt & Rosa

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Dickson H Burton +1 801 532 1922 hdburton@traskbritt.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Dickson H Burton +1 801 532 1922 hdburton@traskbritt.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Krista W Powell +1 801 532 1922 kwpowell@traskbritt.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Krista W Powell +1 801 532 1922 kwpowell@traskbritt.com
No Logo Keith Brinton, Counter-Defendant

Represented by Suite 1900

Name Phone Fax E-Mail
TERMINATED: 02/21/2008, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Pedro F. Bajo, Jr. +1 813 443 2199 +1 813 443 2193 pedro.bajo@bajocuva.com
TERMINATED: 02/21/2008, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Pedro F. Bajo, Jr. +1 813 443 2199 +1 813 443 2193 pedro.bajo@bajocuva.com
TERMINATED: 02/21/2008, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Brad F. Barrios +1 813 443 2199 +1 813 443 2193 brad.barrios@bajocuva.com
TERMINATED: 02/21/2008, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Brad F. Barrios +1 813 443 2199 +1 813 443 2193 brad.barrios@bajocuva.com

Represented by Trask, Britt & Rosa

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Dickson H Burton +1 801 532 1922 hdburton@traskbritt.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Dickson H Burton +1 801 532 1922 hdburton@traskbritt.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Krista W Powell +1 801 532 1922 kwpowell@traskbritt.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Krista W Powell +1 801 532 1922 kwpowell@traskbritt.com
Other Parties
No Logo Elizabeth Jenkins, Mediator
No Logo Mary S. Scriven, Mediator
Attributes
Citation Section 35 U.S.C. § 271
Nature of Suit 830 - Property Rights: Patent
Timeline
  Entries (152) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 152 Filed: 9/10/2012, Entered: None
CLERK'S certificate of destruction of exhibits and/or exhibit substitutes as to Diamond Heads, LLC. (RVB) (Entered: 09/10/2012)
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Legal Document (Payment Possibly Required) 151 Filed: 6/28/2012, Entered: None
PLAINTIFF EXHIBITS ONLY: The records in this case indicate that this case was disposed of more than thirty (30) days ago. The records also indicate that the Clerk's Office is in possession of various exhibits used during the proceedings.Pursuant to Local Rule 5.04, you are notified that you have thirty (30) days for the removal of the exhibits from the custody of the Clerk's Office, or the exhibits will be destroyed, as permitted by Local Rule 5.04. (JLH) (Entered: 06/28/2012)
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Legal Document (Payment Possibly Required) 150 Filed: 9/1/2011, Entered: None Court Filing
Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: Telephone Conference held on 9/1/2011. (DIGITAL) (SRC) (Entered: 09/02/2011)
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Legal Document (Payment Possibly Required) 149 Filed: 9/1/2011, Entered: None Court Filing
ORDER directing Defendant to provide supplemental notice to all dealers with whom she performed diamond cutting services in contravention of Plaintiff's patent and to file proof of service of such notice with the court. See Order for further details. Signed by Magistrate Judge Thomas B. McCoun III on 9/1/2011. (JDE) (Entered: 09/01/2011)
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Legal Document (Payment Possibly Required) 148 Filed: 9/1/2011, Entered: None
RESPONSE re 142 Plaintiff's Notice of Failure to Comply filed by Susan Everingham. (SRC) (Entered: 09/01/2011)
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Legal Document (Payment Possibly Required) 147 Filed: 8/8/2011, Entered: None Court Filing
NOTICE of Telephone Hearing: re: 142 Plaintiff's Notice of Defendant's Failure to Comply. Telephone Conference set for Thursday 9/1/2011 at 11:00 AM, Eastern Standard Time, in Tampa Courtroom 12 B before Magistrate Judge Thomas B. McCoun III. Counsel and Ms. Posner shall notify chambers (813-301-5550), no less than 24 hours prior to the hearing, of the telephone number at which they can be reached in order for the court to initiate the conference call. (JDE) (Entered: 08/08/2011)
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Legal Document (Payment Possibly Required) 146 Filed: 8/3/2011, Entered: None
RESPONSE re 139 Order on motion for order to show cause Order on report and recommendations filed by Susan Everingham. (Attachments: # 1 Exhibit)(BSN) (Entered: 08/03/2011)
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Legal Document (Payment Possibly Required) 145 Filed: 7/29/2011, Entered: None Court Filing
ORDER granting 140 Plaintiff's Motion for attorney fees and costs. Signed by Magistrate Judge Thomas B. McCoun III on 7/29/2011. (JDE) (Entered: 07/29/2011)
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Legal Document (Payment Possibly Required) 144 Filed: 7/22/2011, Entered: None
DECLARATION of David E. Hicks re 142 Notice (Other) by Diamond Heads, LLC. (Burton, H.) (Entered: 07/22/2011)
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Legal Document (Payment Possibly Required) 143 Filed: 7/22/2011, Entered: None
DECLARATION of H. Dickson Burton re 142 Notice (Other) by Diamond Heads, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Burton, H.) (Entered: 07/22/2011)
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Legal Document (Payment Possibly Required) 142 Filed: 7/22/2011, Entered: None
NOTICE by Diamond Heads, LLC re 139 Order on motion for order to show causeOrder on report and recommendations ; Notice of Failure to Comply (Burton, H.) (Entered: 07/22/2011)
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Legal Document (Payment Possibly Required) 141 Filed: 6/7/2011, Entered: None Court Filing
ENDORSED ORDER referring motion to Magistrate Judge for disposition: 140 Petition for Attorneys' Fees and Costs filed by Diamond Heads, LLC. Signed by Judge Virginia M. Hernandez Covington on 6/7/2011. (CR) Motion referred to Magistrate Judge Thomas B. McCoun III. (Entered: 06/07/2011)
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Legal Document (Payment Possibly Required) 140 Filed: 3/17/2011, Entered: None
MOTION for attorney fees and Costs by Diamond Heads, LLC. (Attachments: # 1 Affidavit of H. Dickson Burton, # 2 Exhibit A, # 3 Exhibit B)(Burton, H.) (Entered: 03/17/2011)
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Legal Document (Payment Possibly Required) 139 Filed: 3/3/2011, Entered: None Court Filing
ORDER granting 120 Plaintiff's Motion for Order Compelling Defendant to Show Cause; adopting 137 Report and Recommendation. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 3/3/2011. (CR) (Entered: 03/03/2011)
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Legal Document (Payment Possibly Required) 138 Filed: 2/11/2011, Entered: None
OBJECTION to 137 Report and Recommendations regarding Defendant's Contempt by Diamond Heads, LLC. (Burton, H.) (Entered: 02/11/2011)
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Legal Document (Payment Possibly Required) 137 Filed: 1/28/2011, Entered: None Court Filing
REPORT AND RECOMMENDATION re 120 MOTION for issuance of order to show cause why Defendant should not be held in Contempt for Violating Permanent Injunction filed by Diamond Heads. Signed by Magistrate Judge Thomas B. McCoun III on 1/28/2011. (JDE) (Entered: 01/28/2011)
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Legal Document (Payment Possibly Required) 136 Filed: 1/21/2011, Entered: None
NOTICE of exhibits placed in the exhibit room (1 folder - evidentiary hearing) (JLH) (Entered: 01/21/2011)
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Legal Document (Payment Possibly Required) 135 Filed: 1/14/2011, Entered: None
EXHIBIT LIST by Diamond Heads, LLC. (SRC) (Entered: 01/18/2011)
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Legal Document (Payment Possibly Required) 134 Filed: 1/14/2011, Entered: None Court Filing
Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: Show Cause Hearing held on 1/14/2011. Court Reporter: Dennis Miracle (SRC) (Entered: 01/18/2011)
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Legal Document (Payment Possibly Required) 133 Filed: 1/12/2011, Entered: None Court Filing
ORDER granting 132 Motion to allow electronic equipment. Signed by Magistrate Judge Thomas B. McCoun III on 1/12/2011. (JDE) (Entered: 01/12/2011)
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Legal Document (Payment Possibly Required) 132 Filed: 1/11/2011, Entered: None
Joint MOTION to allow electronic equipment, specifically cellular telephone, iPad and laptop computer during the hearing by Diamond Heads, LLC. (Burton, H.) (Entered: 01/11/2011)
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Legal Document (Payment Possibly Required) 131 Filed: 1/5/2011, Entered: None
Trademark Report sent to Alexandria, VA. (Attachments: # 1 judgment) (BSN) (Entered: 01/05/2011)
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Legal Document (Payment Possibly Required) 130 Filed: 12/17/2010, Entered: None Court Filing
NOTICE of Hearing re: 120 MOTION for issuance of order to show cause why Defendant should not be held in Contempt for Violating Permanent Injunction. Evidentiary Hearing set for FRIDAY 1/14/2011 at 1:30 PM in Tampa Courtroom 12 B before Magistrate Judge Thomas B. McCoun III. Counsel shall exchange lists of witnesses and documentary evidence by 1/11/2011. (JDE) (Entered: 12/17/2010)
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Legal Document (Payment Possibly Required) 129 Filed: 12/17/2010, Entered: None Court Filing
Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: Status Conference held on 12/17/2010. (DIGITAL) (SRC) (Entered: 12/17/2010)
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Legal Document (Payment Possibly Required) 128 Filed: 12/9/2010, Entered: None Court Filing
NOTICE of Hearing: Telephone Status Conference set for FRIDAY 12/17/2010 at 11:00 AM E.S.T., in Tampa Courtroom 12 B before Magistrate Judge Thomas B. McCoun III. Counsel shall notify chambers (813-301-5550), no less than 24 hours prior to the hearing, of the telephone number at which counsel can be reached in order for the court to initiate the conference call. (JDE) (Entered: 12/09/2010)
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Legal Document (Payment Possibly Required) 127 Filed: 11/23/2010, Entered: None Court Filing
ENDORSED ORDER referring motion to Magistrate Judge for disposition: 120 Motion for Order Compelling Defendant to Show Cause Why Defendant Should Not Be Held in Contempt for Violating Permanent Injunction filed by Diamond Heads, LLC. Signed by Judge Virginia M. Hernandez Covington on 11/23/2010. (CR) Motions referred to Magistrate Judge Thomas B. McCoun III. (Entered: 11/23/2010)
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Legal Document (Payment Possibly Required) 126 Filed: 7/20/2010, Entered: None
RESPONSE re 122 Declaration filed by Susan Everingham. (BSN) (Entered: 07/21/2010)
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Legal Document (Payment Possibly Required) 125 Filed: 7/20/2010, Entered: None
RESPONSE re 121 Declaration filed by Susan Everingham. (BSN) (Entered: 07/21/2010)
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Legal Document (Payment Possibly Required) 124 Filed: 7/20/2010, Entered: None
RESPONSE to motion re 120 MOTION for issuance of order to show cause why Defendant should not be held in Contempt for Violating Permanent Injunction filed by Susan Everingham. (BSN) (Entered: 07/21/2010)
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Legal Document (Payment Possibly Required) 123 Filed: 6/29/2010, Entered: None
CERTIFICATE OF SERVICE by Diamond Heads, LLC re 120 MOTION for issuance of order to show cause why Defendant should not be held in Contempt for Violating Permanent Injunction (Burton, H.) (Entered: 06/29/2010)
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Legal Document (Payment Possibly Required) 122 Filed: 6/23/2010, Entered: None
DECLARATION of Keith A. Brinton re 120 MOTION for issuance of order to show cause why Defendant should not be held in Contempt for Violating Permanent Injunction by Diamond Heads, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Burton, H.) (Entered: 06/23/2010)
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Legal Document (Payment Possibly Required) 121 Filed: 6/23/2010, Entered: None
DECLARATION of H. Dickson Burton re 120 MOTION for issuance of order to show cause why Defendant should not be held in Contempt for Violating Permanent Injunction by Diamond Heads, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Burton, H.) (Entered: 06/23/2010)
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Legal Document (Payment Possibly Required) 120 Filed: 6/23/2010, Entered: None
MOTION for issuance of order to show cause why Defendant should not be held in Contempt for Violating Permanent Injunction by Diamond Heads, LLC. (Attachments: # 1 Text of Proposed Order Order of Contempt)(Burton, H.) (Entered: 06/23/2010)
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Legal Document (Payment Possibly Required) 119 Filed: 9/14/2009, Entered: None
FINAL JUDGMENT in favor of Diamond Heads, LLC against Keith Brinton, Susan Everingham (Signed by Deputy Clerk) CASE CLOSED. (BSN) (Entered: 09/14/2009)
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Legal Document (Payment Possibly Required) 118 Filed: 9/11/2009, Entered: None Court Filing
ORDER granting 117 Joint Motion for Entry of Final Judgment and Permanent Injunction. The Clerk is directed to close this case. See order for details. Signed by Judge Virginia M. Hernandez Covington on 9/11/2009. (CR) (Entered: 09/11/2009)
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Legal Document (Payment Possibly Required) 117 Filed: 9/9/2009, Entered: None
Joint MOTION for Final judgment and Permanent Injunction by Diamond Heads, LLC. (Burton, H.) (Entered: 09/09/2009)
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Legal Document (Payment Possibly Required) 116 Filed: 8/27/2009, Entered: None Court Filing
ORDER directing parties to file a status update with the court within thirty (30) days. See Order for further details. Signed by Magistrate Judge Thomas B. McCoun III on 8/27/2009. (JDE) (Entered: 08/27/2009)
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Legal Document (Payment Possibly Required) 115 Filed: 8/20/2009, Entered: None
RESPONSE re 114 Order Regarding Damages filed by Diamond Heads, LLC. (Attachments: # 1 Exhibit A)(Burton, H.) (Entered: 08/20/2009)
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Legal Document (Payment Possibly Required) 114 Filed: 7/10/2009, Entered: None Court Filing
ORDER directing Defendant to make complete disclosure of her pertinent financial records and an accounting sufficient to allow Plaintiff to calculate a reasonable royalty for her infringing use of its patents within 20 days of this order. Within twenty (20) days thereafter, counsel for Plaintiff shall file with the court a notice suggesting its intentions regarding damages in this matter. The court will thereafter calendar a further hearing as appropriate. Signed by Magistrate Judge Thomas B. McCoun III on 7/10/2009. (SRC) (Entered: 07/10/2009)
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Legal Document (Payment Possibly Required) 113 Filed: 7/10/2009, Entered: None Court Filing
Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: Status Conference held on 7/10/2009. (DIGITAL) (SRC) (Entered: 07/10/2009)
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Legal Document (Payment Possibly Required) 112 Filed: 7/7/2009, Entered: None Court Filing
NOTICE of Hearing: Telephone Status Conference set for Friday 7/10/2009 at 1:30 PM E.S.T. in Tampa Courtroom 10 A before Magistrate Judge Thomas B. McCoun III. Counsel shall notify chambers (813-301-5550), no less than 24 hours prior to the hearing, of the telephone number at which counsel can be reached in order for the court to initiate the conference call. (JDE) (Entered: 07/07/2009)
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Legal Document (Payment Possibly Required) 111 Filed: 5/20/2009, Entered: None Court Filing
SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 12/4/2009, Final Pretrial Conference set for 12/9/2009 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Jury Trial set during the January 2010 trial calendar at 01:30 PM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Signed by Judge Virginia M. Hernandez Covington on 5/20/2009. (LS) (Entered: 05/20/2009)
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Legal Document (Payment Possibly Required) 110 Filed: 5/20/2009, Entered: None Court Filing
ORDER re 109 Objection filed by Diamond Heads, LLC. Defendant Susan Everingham is directed to prepare and produce to Diamond Heads, within twenty (20) days of the date of this Order, an accounting of its use of Diamond Heads patented design. The determination of Diamond Heads damages in this case is hereby REFERRED to Magistrate Judge Thomas B. McCoun III for issuance of a report and recommendation, including any hearings, motions, or deadlines related thereto. The pretrial conference set for June 11, 2009, and the trial presently on the July trial calendar are continued for a period of six months. See Order for further details. Signed by Judge Virginia M. Hernandez Covington on 5/20/2009. (PPB) (Entered: 05/20/2009)
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Legal Document (Payment Possibly Required) 109 Filed: 5/5/2009, Entered: None
OBJECTION re 107 Order Adopting Report and Recommendations on Summary Judgment and Request for Clarification by Diamond Heads, LLC. (Burton, H.) (Entered: 05/05/2009)
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Legal Document (Payment Possibly Required) 108 Filed: 5/4/2009, Entered: None
COUNSEL NOTIFIED TO REFILE, USING CORRECT ATTORNEY SIGNATURE AND LOGIN AND ATTORNEY OF RECORD ONLY. OBJECTION re 107 Order Adopting Report and Recommendations on Summary Judgment and Request for Clarification by Diamond Heads, LLC. (Powell, Krista) Modified on 5/5/2009 (BSN). (Entered: 05/04/2009)
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Legal Document (Payment Possibly Required) 107 Filed: 4/20/2009, Entered: None Court Filing
ORDER adopting 106 REPORT AND RECOMMENDATION re 68 Plaintiff's motion for summary judgment; denying as moot 62 Plaintiff's motion to disqualify testimony. Plaintiff's request for injunctive relief is granted to the extent set forth in the Order. Defendant is directed to provide an accounting to Plaintiff so that Plaintiff may determine a reasonable royalty for Defendant's use of Plaintiff's invention. See Order for important details. Signed by Judge Virginia M. Hernandez Covington on 4/20/2009. (PPB) (Entered: 04/20/2009)
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Legal Document (Payment Possibly Required) 106 Filed: 3/31/2009, Entered: None Court Filing
REPORT AND RECOMMENDATION re 68 Plaintiff's MOTION for summary judgment and supporting memorandum. Signed by Magistrate Judge Thomas B. McCoun III on 3/31/2009. (JDE) (Entered: 03/31/2009)
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Legal Document (Payment Possibly Required) 105 Filed: 3/23/2009, Entered: None Court Filing
ORDER denying 102 Defendant's Motion for reconsideration. Signed by Magistrate Judge Thomas B. McCoun III on 3/23/2009. (JDE) (Entered: 03/23/2009)
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Legal Document (Payment Possibly Required) 104 Filed: 3/19/2009, Entered: None
MEMORANDUM in opposition re 102 Motion for reconsideration and to Amend Order filed by Diamond Heads, LLC. (Burton, H.) (Entered: 03/19/2009)
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Legal Document (Payment Possibly Required) 103 Filed: 3/18/2009, Entered: None Court Filing
ENDORSED ORDER directing Plaintiff Diamond Heads, LLC to file an expedited response on or before Monday 3/23/2009 at 5:00 p.m. to 102 Defendant's Motion for reconsideration and to amend order. Signed by Magistrate Judge Thomas B. McCoun III on 3/18/2009. (JDE) (Entered: 03/18/2009)
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Legal Document (Payment Possibly Required) 102 Filed: 3/18/2009, Entered: None
First MOTION for reconsideration by Susan Everingham. (Attachments: # 1 Exhibit Letter to USDNY)(Powers, James) (Entered: 03/18/2009)
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Legal Document (Payment Possibly Required) 101 Filed: 2/25/2009, Entered: None Court Filing
ENDORSED ORDER denying as moot 98 Motion to allow electronic equipment. Signed by Magistrate Judge Thomas B. McCoun III on 2/25/2009. (JDE) (Entered: 02/25/2009)
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Legal Document (Payment Possibly Required) 100 Filed: 2/25/2009, Entered: None Court Filing
ORDER granting in part and denying in part Defendant's ore tenus Motion made 2/25/2009 for leave to file affidavits. Signed by Magistrate Judge Thomas B. McCoun III on 2/25/2009. (JDE) (Entered: 02/25/2009)
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Legal Document (Payment Possibly Required) 99 Filed: 2/25/2009, Entered: None Court Filing
Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: Motion Hearing held on 2/25/2009 re 68 MOTION for summary judgment and Supporting Memorandum filed by Keith Brinton, Diamond Heads, LLC and 62 MOTION to disqualify Testimony and Opinions of Rustam Stolkin as Expert filed filed by Keith Brinton, Diamond Heads, LLC. Court Reporter: Sherrill L. Jackson (SRC) (Entered: 02/25/2009)
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Legal Document (Payment Possibly Required) 98 Filed: 2/24/2009, Entered: None
Joint MOTION to allow electronic equipment, specifically cellular telephones and laptop computers in the United States Courthouse by Diamond Heads, LLC, Susan Everingham. (Cronin, Sean) (Entered: 02/24/2009)
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Legal Document (Payment Possibly Required) 97 Filed: 2/18/2009, Entered: None Court Filing
ORDER rescheduling hearing. The Pretrial Conference in this case is rescheduled to June 11, 2009, at 9:00 a.m. in Courtroom 14B before Judge Virginia M. Hernandez Covington. Jury trial is continued to the July 2009 trial docket. Signed by Judge Virginia M. Hernandez Covington on 2/18/2009. (PPB) (Entered: 02/18/2009)
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Legal Document (Payment Possibly Required) 96 Filed: 2/13/2009, Entered: None
DECLARATION of H. Dickson Burton re 93 Redacted Document, 95 Objection by Keith Brinton, Diamond Heads, LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit B)(Burton, H.) (Entered: 02/13/2009)
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Legal Document (Payment Possibly Required) 95 Filed: 2/13/2009, Entered: None
OBJECTION re 93 Redacted Document Expert Report of Rustam Stolkin by Keith Brinton, Diamond Heads, LLC. (Burton, H.) (Entered: 02/13/2009)
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Legal Document (Payment Possibly Required) 94 Filed: 2/11/2009, Entered: None Court Filing
NOTICE of Hearing on 68 Plaintiff's MOTION for summary judgment. Oral arguments set for Wednesday, 2/25/2009 at 10:00 AM E.S.T., in Courtroom 12 B, Sam M. Gibbons United States Courthouse, 801 North Florida Avenue, Tampa, Florida, before Magistrate Judge Thomas B. McCoun III. If counsel wish to appear by telephone, counsel shall notify chambers (813-301-5550), no less than 24 hours prior to the hearing, of the telephone number at which counsel can be reached in order for the court to initiate the conference call. The court has set aside an hour for the hearing. (JDE) (Entered: 02/11/2009)
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Legal Document (Payment Possibly Required) 93 Filed: 2/6/2009, Entered: None
REDACTION Of Expert Report by Susan Everingham. (Attachments: # 1 Supplement Redacted Report of Expert)(Powers, James) (Entered: 02/06/2009)
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Legal Document (Payment Possibly Required) 92 Filed: 1/20/2009, Entered: None Court Filing
Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: Motion Hearing held on 1/20/2009 re 62 MOTION to disqualify Testimony and Opinions of Rustam Stolkin as Expert filed filed by Keith Brinton, Diamond Heads, LLC. (DIGITAL) (SRC) (Entered: 01/21/2009)
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Legal Document (Payment Possibly Required) 91 Filed: 1/20/2009, Entered: None Court Filing
ORDER directing Defendant to file a redacted statement of the opinions of Rustam Stolkin within ten days. See Order for further details. Signed by Magistrate Judge Thomas B. McCoun III on 1/20/2009. (JDE) (Entered: 01/20/2009)
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Legal Document (Payment Possibly Required) 90 Filed: 1/14/2009, Entered: None Court Filing
ORDER denying 89 Plaintiff's Motion for leave to file a reply memorandum in support of plaintiff's motion for summary judgment. Signed by Magistrate Judge Thomas B. McCoun III on 1/14/2009. (JDE) (Entered: 01/14/2009)
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Legal Document (Payment Possibly Required) 89 Filed: 12/22/2008, Entered: None
MOTION for leave to file Reply Memorandum in Support of Plaintiff's Motion for Summary Judgment on the Grounds of Infringement, Validity and Patent Misuse by Keith Brinton, Diamond Heads, LLC. (Burton, H.) (Entered: 12/22/2008)
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Legal Document (Payment Possibly Required) 88 Filed: 12/18/2008, Entered: None Court Filing
NOTICE OF RESCHEDULING HEARING: The Final Pretrial Conference hearing previously scheduled for 01/08/2009 is rescheduled. New scheduling date and time: Final Pretrial Conference set for 3/11/2009 at 09:00 AM in Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set during the April 2009 trial term at 01:30 PM in Courtroom 14 B before Judge Virginia M. Hernandez Covington. (LS) (Entered: 12/18/2008)
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Legal Document (Payment Possibly Required) 87 Filed: 12/17/2008, Entered: None Court Filing
NOTICE of Telephone Hearing on 62 Plaintiff's MOTION to disqualify Testimony and Opinions of Rustam Stolkin as Expert. Motion Hearing set for 1/20/2009 at 10:30 am EST, in Courtroom 12 B, Sam M. Gibbons United States Courthouse, 801 North Florida Avenue, Tampa, Florida, before Magistrate Judge Thomas B. McCoun III. Counsel shall notify chambers (813-301-5550), no less than 24 hours prior to the hearing, of the telephone number at which counsel can be reached in order for the court to initiate the conference call. The court has set aside one hour for the hearing. (JDE) (Entered: 12/17/2008)
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Legal Document (Payment Possibly Required) 86 Filed: 12/15/2008, Entered: None Court Filing
ORDER denying without prejudice 81 Diamond Heads, LLC's Motion for leave to file a reply. Signed by Magistrate Judge Thomas B. McCoun III on 12/15/2008. (JDE) (Entered: 12/15/2008)
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Legal Document (Payment Possibly Required) 85 Filed: 12/15/2008, Entered: None Court Filing
ORDER denying without prejudice 78 Defendant/Counter-Plaintiff's Motion to be excused from local counsel requirements; and granting, nunc pro tunc, 78 Defendant/Counter-Plaintiff's Motion for extension of time to respond to summary judgment motion. Signed by Magistrate Judge Thomas B. McCoun III on 12/15/2008. (JDE) (Entered: 12/15/2008)
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Legal Document (Payment Possibly Required) 84 Filed: 12/14/2008, Entered: None Court Filing
ORDER denying 83 Joint Motion to Set Trial Date. However, the pretrial conference and trial dates will be continued by sixty days under separate order. Signed by Judge Virginia M. Hernandez Covington on 12/14/2008. (PPB) (Entered: 12/14/2008)
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Legal Document (Payment Possibly Required) 83 Filed: 12/9/2008, Entered: None
Joint MOTION for miscellaneous relief, specifically Joint Motion to Set Trial Date by all parties. (Burton, H.) (Entered: 12/09/2008)
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Legal Document (Payment Possibly Required) 82 Filed: 12/9/2008, Entered: None
RESPONSE in opposition re 68 MOTION for summary judgment and Supporting Memorandum filed by Susan Everingham. (Powers, James) (Entered: 12/09/2008)
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Legal Document (Payment Possibly Required) 81 Filed: 12/8/2008, Entered: None
MOTION for leave to file Reply brief in Support of Plaintiff's Motion to Exclude Testimony and Opinions of Rustam Stolkin Which Fail to Satisfy the Federal Rules of Evidence by Diamond Heads, LLC. (Burton, H.) (Entered: 12/08/2008)
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Legal Document (Payment Possibly Required) 80 Filed: 12/5/2008, Entered: None Court Filing
ORDER referring motions for report and recommendation: 68 MOTION for summary judgment, 62 MOTION to disqualify Testimony and Opinions of Rustam Stolkin as Expert; Referring motion for disposition: 78 MOTION to Request Relief from Local Rule and Request for Extension of Time. Signed by Judge Virginia M. Hernandez Covington on 12/5/2008. (PPB) Motions referred to Magistrate Judge Thomas B. McCoun III. (Entered: 12/05/2008)
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Legal Document (Payment Possibly Required) 79 Filed: 12/4/2008, Entered: None
RESPONSE in opposition re 78 MOTION to review Request for Relief from Local Rule and Request for Extension of Time filed by Diamond Heads, LLC. (Burton, H.) (Entered: 12/04/2008)
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Legal Document (Payment Possibly Required) 78 Filed: 12/1/2008, Entered: None
MOTION to review Request for Relief from Local Rule and Request for Extension of Time by Susan Everingham. (Powers, James) (Entered: 12/01/2008)
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Legal Document (Payment Possibly Required) 77 Filed: 12/1/2008, Entered: None Court Filing
ENDORSED ORDER granting 75 Motion to withdraw Bradley B. Jensen as counsel for Diamond Heads and Keith Brinton. The Clerk is directed to terminate Bradley B. Jensen as counsel of record for Diamond Heads and Keith Brinton. Signed by Magistrate Judge Thomas B. McCoun III on 12/1/2008. (JDE) (Entered: 12/01/2008)
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Legal Document (Payment Possibly Required) 76 Filed: 11/26/2008, Entered: None
RESPONSE in opposition re 62 MOTION to disqualify Testimony and Opinions of Rustam Stolkin as Expert filed by Susan Everingham. (Powers, James) (Entered: 11/26/2008)
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Legal Document (Payment Possibly Required) 75 Filed: 11/20/2008, Entered: None Court Filing
MOTION for Bradley B. Jensen to withdraw as attorney for Diamond Heads and Keith Brinton by Keith Brinton, Diamond Heads, LLC. (Burton, H.) Motions referred to Magistrate Judge Thomas B. McCoun III. (Entered: 11/20/2008)
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Legal Document (Payment Possibly Required) 74 Filed: 11/18/2008, Entered: None Court Filing
ORDER: Defendant has ten days from the date of this Order to file a response in opposition to Plaintiff and Counter-Defendants' Motion to Exclude Testimony and Opinions of Rustam Stolkin (Doc. # 62). If a responsive pleading is not received by the end of this ten-day time period, the Court will consider the motion unopposed and will rule accordingly. Signed by Judge Virginia M. Hernandez Covington on 11/18/2008. (PPB) (Entered: 11/18/2008)
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Legal Document (Payment Possibly Required) 73 Filed: 11/3/2008, Entered: None
DECLARATION of David L. Perewitz re 68 MOTION for summary judgment and Supporting Memorandum by Keith Brinton, Diamond Heads, LLC. (Burton, H.) (Entered: 11/03/2008)
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Legal Document (Payment Possibly Required) 72 Filed: 11/3/2008, Entered: None
DECLARATION of Keith Brinton re 68 MOTION for summary judgment and Supporting Memorandum by Keith Brinton, Diamond Heads, LLC. (Burton, H.) (Entered: 11/03/2008)
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Legal Document (Payment Possibly Required) 71 Filed: 11/3/2008, Entered: None
DECLARATION of Dr. Darrell Pepper re 68 MOTION for summary judgment and Supporting Memorandum by Keith Brinton, Diamond Heads, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Burton, H.) (Entered: 11/03/2008)
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Legal Document (Payment Possibly Required) 70 Filed: 11/3/2008, Entered: None
DECLARATION of Krista Weber Powell re 68 MOTION for summary judgment and Supporting Memorandum by Keith Brinton, Diamond Heads, LLC. (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4-5, # 3 Exhibit 6-11, # 4 Exhibit 12-17)(Burton, H.) (Entered: 11/03/2008)
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Legal Document (Payment Possibly Required) 69 Filed: 11/3/2008, Entered: None
STATEMENT of undisputed facts re: 68 MOTION for summary judgment and Supporting Memorandum by Keith Brinton, Diamond Heads, LLC.. (Burton, H.) (Entered: 11/03/2008)
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Legal Document (Payment Possibly Required) 68 Filed: 11/3/2008, Entered: None
MOTION for summary judgment and Supporting Memorandum by Keith Brinton, Diamond Heads, LLC. (Burton, H.) (Entered: 11/03/2008)
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Legal Document (Payment Possibly Required) 67 Filed: 11/3/2008, Entered: None Court Filing
ORDER granting 66 Motion for Phelps Dunbar LLP to withdraw as designated local counsel for Defendant/Counter-Plaintiff, Susan Everingham. Defendant/Counter-Plaintiff Everingham is directed to designate new local counsel pursuant to Local Rule 2.02(a) or otherwise address the matter by motion within twenty (20) days from the date of the order. Signed by Magistrate Judge Thomas B. McCoun III on 11/3/2008. (JDE) (Entered: 11/03/2008)
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Legal Document (Payment Possibly Required) 66 Filed: 10/31/2008, Entered: None Court Filing
Unopposed MOTION for Phelps Dunbar/Harvey Kauget/Eric Pellenbarg to withdraw as attorney by Susan Everingham. (Pellenbarg, Eric) Motions referred to Magistrate Judge Thomas B. McCoun III. (Entered: 10/31/2008)
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Legal Document (Payment Possibly Required) 65 Filed: 10/31/2008, Entered: None Court Filing
ORDER granting 61 Joint Motion and Stipulation to Dismiss Counterclaims and Certain Defenses. Defendant's Second Affirmative Defense and Counts I, II, III, and IV of her Counterclaim are dismissed with prejudice, with each party to bear their respective attorney's fees and costs. Signed by Judge Virginia M. Hernandez Covington on 10/31/2008. (PPB) (Entered: 10/31/2008)
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Legal Document (Payment Possibly Required) 64 Filed: 10/23/2008, Entered: None Court Filing
ORDER: All Markman proceedings in this patent infringement case are hereby referred to the Honorable Thomas B. McCoun III, United States Magistrate Judge, for the issuance of a Report and Recommendation, including any hearings, motions, and deadlines related thereto. Signed by Judge Virginia M. Hernandez Covington on 10/23/2008. (PPB) (Entered: 10/23/2008)
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Legal Document (Payment Possibly Required) 63 Filed: 10/23/2008, Entered: None
DECLARATION of Krista Weber Powell re 62 MOTION to disqualify Testimony and Opinions of Rustam Stolkin as Expert filed by Keith Brinton, Diamond Heads, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Burton, H.) (Entered: 10/23/2008)
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Legal Document (Payment Possibly Required) 62 Filed: 10/23/2008, Entered: None
MOTION to disqualify Testimony and Opinions of Rustam Stolkin as Expert filed by Keith Brinton, Diamond Heads, LLC. (Burton, H.) (Entered: 10/23/2008)
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Legal Document (Payment Possibly Required) 61 Filed: 10/20/2008, Entered: None
Joint MOTION to dismiss Counterclaims and Certain Defenses and Supporting Memorandum by Diamond Heads, LLC, Keith Brinton. (Attachments: # 1 Text of Proposed Order to Dismiss)(Burton, H.) (Entered: 10/20/2008)
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Legal Document (Payment Possibly Required) 60 Filed: 10/16/2008, Entered: None Court Filing
Minute Entry. Proceedings held before Magistrate Judge Elizabeth A. Jenkins: Settlement Conference held on 10/16/2008. Parties have reached an impasse. (digital) (CDM) (Entered: 10/16/2008)
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Legal Document (Payment Possibly Required) 59 Filed: 10/16/2008, Entered: None Court Filing
LAPTOP AND CELLPHONE ORDER Signed by Magistrate Judge Elizabeth A. Jenkins on 10/16/2008. (CDM) (Entered: 10/16/2008)
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Legal Document (Payment Possibly Required) 58 Filed: 10/8/2008, Entered: None Court Filing
ORDER scheduling mediation conference. Mediation Conference set for 10/16/2008 at 09:00 AM in Courtroom 11 A before Magistrate Judge Elizabeth A. Jenkins. Signed by Magistrate Judge Elizabeth A. Jenkins on 10/8/2008. (RM) (Entered: 10/08/2008)
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Legal Document (Payment Possibly Required) 57 Filed: 10/2/2008, Entered: None Court Filing
Case Reassigned to Magistrate Judge Thomas B. McCoun III. New case number: 8:07-cv-462-T-33TBM. Magistrate Judge Mary S. Scriven no longer assigned to the case. (MRH) (Entered: 10/02/2008)
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Legal Document (Payment Possibly Required) 56 Filed: 8/28/2008, Entered: None Court Filing
ORDER granting 51 Motion to allow electronic equipment. Signed by Magistrate Judge Mary S. Scriven on 8/28/2008. (MKM) (Entered: 08/28/2008)
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Legal Document (Payment Possibly Required) 55 Filed: 8/26/2008, Entered: None Court Filing
NOTICE of mediation to be held on October 16, 2008 at 9:00 am before Judge Mary S. Scriven. (MKM) (Entered: 08/26/2008)
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Legal Document (Payment Possibly Required) 54 Filed: 8/13/2008, Entered: None Court Filing
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 10/1/2008, Dispositive motions due by 11/3/2008, Final Pretrial Conference set for 1/8/2009 at 09:00 AM in Courtroom 14 B before Judge Virginia M. Hernandez Covington. Jury Trial set during the weeks of February 2, 9, 17 & 23, 2009 at 01:00 PM in Courtroom 14 B before Judge Virginia M. Hernandez Covington. Signed by Judge Virginia M. Hernandez Covington on 8/13/2008. (LS) (Entered: 08/13/2008)
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Legal Document (Payment Possibly Required) 53 Filed: 8/13/2008, Entered: None Court Filing
ORDER granting 50 Joint Motion and Stipulation to Amend Scheduling Order. An Amended Case Management and Scheduling Order shall be filed separately. The modifications to the case management schedule are granted subject to the stipulations of the parties as set forth in the Order. See Order for further details. Signed by Judge Virginia M. Hernandez Covington on 8/13/2008. (PPB) (Entered: 08/13/2008)
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Legal Document (Payment Possibly Required) 52 Filed: 8/12/2008, Entered: None Court Filing
NOTICE OF RESCHEDULING HEARING: The Final Pretrial conference hearing previously scheduled for 09/04/2008 @ 9:30 a.m. is rescheduled. New scheduling date and time: Pretrial Conference set for 9/4/2008 at 09:00 AM in Courtroom 14 B before Judge Virginia M. Hernandez Covington. Change is as to time of hearing and it is now set before Judge Hernandez Covington.(LS) (Entered: 08/12/2008)
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Legal Document (Payment Possibly Required) 51 Filed: 8/7/2008, Entered: None
Unopposed MOTION to allow electronic equipment, specifically cellular telephone and laptop computer into the United States Courthouse by Keith Brinton, Diamond Heads, LLC. (Burton, H.) (Entered: 08/07/2008)
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Legal Document (Payment Possibly Required) 50 Filed: 8/7/2008, Entered: None Court Filing
Unopposed MOTION for Extension of Time to Complete Discovery Amending Scheduling Order with Supporting Memorandum by all parties. (Burton, H.) Motions referred to Magistrate Judge Mary S. Scriven. (Entered: 08/07/2008)
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Legal Document (Payment Possibly Required) 49 Filed: 8/6/2008, Entered: None Court Filing
COUNSEL NOTIFIED TO REFILE WITH CORRECT ATTORNEY SIGNATURE. Unopposed MOTION for Extension of Time to Complete Discovery Amending Scheduling Order with Supporting Memorandum by all parties. (Powell, Krista) Motions referred to Magistrate Judge Mary S. Scriven. Modified on 8/7/2008 (BSN). (Entered: 08/06/2008)
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Legal Document (Payment Possibly Required) 48 Filed: 8/5/2008, Entered: None
NOTICE to counsel of new case number and judge assignment (signed by deputy clerk). New case number 8:07-cv-462-T-33MSS. (CDA) (Entered: 08/05/2008)
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Legal Document (Payment Possibly Required) 47 Filed: 8/4/2008, Entered: None Court Filing
ORDER ATTACHED granting 46 Plaintiff's Motion to Amend Scheduling Order. Signed by Judge Richard A. Lazzara on 8/4/2008. (DMB) (Entered: 08/04/2008)
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Legal Document (Payment Possibly Required) 46 Filed: 8/1/2008, Entered: None
MOTION for Extension of Time to Complete Discovery and for Leave to File Rebuttal Expert Report by Keith Brinton, Diamond Heads, LLC. (Burton, H.) (Entered: 08/01/2008)
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Legal Document (Payment Possibly Required) 45 Filed: 7/10/2008, Entered: None Court Filing
NOTICE of mediation to be held on August 21, 2008, at 10:00 a.m., before Judge Scriven in the Jury deliberation room for Courtroom 10A. The parties shall deliver their confidential mediation summaries to chambers, at (813) 301-5549, on or before Monday, August 11, 2008. See Notice for further details.(MST) (Entered: 07/10/2008)
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Legal Document (Payment Possibly Required) 44 Filed: 7/3/2008, Entered: None Court Filing
ORDER on Stipulation of the Parties of Protective Order (Dkt. 43). Signed by Judge Richard A. Lazzara on 7/3/2008. (KIT) (Entered: 07/03/2008)
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Legal Document (Payment Possibly Required) 43 Filed: 7/2/2008, Entered: None
STIPULATION of the Parties and Proposed Protective Order by Diamond Heads, LLC. (Powell, Krista) (Entered: 07/02/2008)
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Legal Document (Payment Possibly Required) 42 Filed: 6/30/2008, Entered: None Court Filing
ENDORSED ORDER granting 41 Joint Motion for Referral to Magistrate Judge for Mediation. The Court requests that Magistrate Judge Mary S. Scriven mediate the above case at a time convenient to her calendar. Signed by Judge Richard A. Lazzara on 6/30/2008. (SKH) (Entered: 06/30/2008)
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Legal Document (Payment Possibly Required) 41 Filed: 6/30/2008, Entered: None
Joint MOTION for referral to mediation and Supporting Memorandum of Law by Diamond Heads, LLC. (Powell, Krista) (Entered: 06/30/2008)
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Legal Document (Payment Possibly Required) 40 Filed: 6/27/2008, Entered: None Court Filing
ENDORSED ORDER granting 39 James A. Powers' motion to appear pro hac vice. Signed by Judge Richard A. Lazzara on 6/27/2008. (SKH) (Entered: 06/27/2008)
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Legal Document (Payment Possibly Required) 39 Filed: 6/26/2008, Entered: None
MOTION for James A. Powers to appear pro hac vice by Susan Everingham. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Pellenbarg, Eric) (Entered: 06/26/2008)
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Legal Document (Payment Possibly Required) 38 Filed: 6/11/2008, Entered: None Court Filing
ENDORSED ORDER amending Order Referring Case to Mediation 37 to show Sean P. Cronin as local counsel responsible for coordinating mediation and providing notice to the Court of same. Signed by Judge Richard A. Lazzara on 6/11/2008. (SKH) (Entered: 06/11/2008)
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Legal Document (Payment Possibly Required) 37 Filed: 6/10/2008, Entered: None Court Filing
SEE AMENDED ORDER 38 ORDER REFERRING CASE to mediation and directing selection of a mediator on or before 7/11/08. Lead counsel Pedro F. Bajo, Jr. to coordinate dates. Mediation shall be conducted on or before 8/11/08. Signed by Judge Richard A. Lazzara on 6/10/2008. (SKH) Modified on 6/11/2008 (BSN). (Entered: 06/10/2008)
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Legal Document (Payment Possibly Required) 36 Filed: 2/29/2008, Entered: None Court Filing
ORDER ATTACHED granting in part and denying in part 35 the Joint Motion to Amend Case Management and Scheduling Order. See written Order for details and deadlines. Signed by Judge Richard A. Lazzara on 2/29/2008. (DMB) (Entered: 02/29/2008)
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Legal Document (Payment Possibly Required) 35 Filed: 2/28/2008, Entered: None
Joint MOTION to amend/correct 21 Case Management Report, 22 Case management and scheduling order, by Keith Brinton, Diamond Heads, LLC. (Powell, Krista) (Entered: 02/28/2008)
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Legal Document (Payment Possibly Required) 34 Filed: 2/20/2008, Entered: None Court Filing
ENDORSED ORDER granting 33 unopposed motion to substitute attorney. Signed by Judge Richard A. Lazzara on 2/20/2008. (DMB) (Entered: 02/20/2008)
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Legal Document (Payment Possibly Required) 33 Filed: 2/19/2008, Entered: None
First MOTION to substitute attorney Unopposed by Diamond Heads, LLC. (Cronin, Sean) (Entered: 02/19/2008)
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Legal Document (Payment Possibly Required) 32 Filed: 2/19/2008, Entered: None
NOTICE of Appearance by Sean P. Cronin on behalf of Diamond Heads, LLC (Cronin, Sean) (Entered: 02/19/2008)
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Legal Document (Payment Possibly Required) 31 Filed: 10/24/2007, Entered: None Court Filing
ENDORSED ORDER granting 30 joint MOTION for discovery stipulation to propound additional interrogatories by all parties. Signed by Judge Richard A. Lazzara on 10/24/2007. (DMB) (Entered: 10/24/2007)
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Legal Document (Payment Possibly Required) 30 Filed: 10/23/2007, Entered: None Court Filing
Joint MOTION for discovery Stipulation to Propound Additional Interrogatories by all parties. (Barrios, Brad) Motions referred to Magistrate Judge Mary S. Scriven. (Entered: 10/23/2007)
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Legal Document (Payment Possibly Required) 29 Filed: 9/13/2007, Entered: None
Counter-Defendants REPLY to counterclaim and Affirmative Defenses by Keith Brinton, Diamond Heads, LLC.(Bajo, Pedro) (Entered: 09/13/2007)
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Legal Document (Payment Possibly Required) 28 Filed: 8/29/2007, Entered: None Court Filing
ORDER ATTACHED denying 26 Plaintiff/Counter-Defendants' motion to dismiss amended counterclaim and denying 27 Plaintiff Diamond Heads, LLC's motion to strike and/or motion for more definite statement of, Defendants' second affirmative defense. Defendants shall file an answer to the amended counterclaim within 10 days from the date of this order. Signed by Judge Richard A. Lazzara on 8/29/2007. (DMB) (Entered: 08/29/2007)
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Legal Document (Payment Possibly Required) 27 Filed: 8/27/2007, Entered: None Court Filing
MOTION to strike 25 Amended answer to complaint, Counterclaim and/or Motion for More Definite Statement of Defendant's Second Affirmative Defense and Supporting Memorandum of Law by Diamond Heads, LLC. (Bajo, Pedro) Motions referred to Magistrate Judge Mary S. Scriven. (Entered: 08/27/2007)
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Legal Document (Payment Possibly Required) 26 Filed: 8/27/2007, Entered: None
MOTION to dismiss Amended Counterclaims and Supporting Memorandum of Law by Diamond Heads, LLC, Keith Brinton. (Bajo, Pedro) (Entered: 08/27/2007)
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Legal Document (Payment Possibly Required) 25 Filed: 8/15/2007, Entered: None
AMENDED ANSWER to Complaint and, COUNTERCLAIM S against Keith Brinton, Diamond Heads, LLC by Susan Everingham. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Pellenbarg, Eric) (Entered: 08/15/2007)
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Legal Document (Payment Possibly Required) 24 Filed: 8/6/2007, Entered: None Court Filing
ORDER ATTACHED granting Defendant's request to file an amended counterclaim and denying as moot 14 Plaintiff's motion to strike and/or for more definite statement and denying as moot 15 Plaintiff's motion to dismiss counterclaim. See attached order for deadlines and details. Signed by Judge Richard A. Lazzara on 8/6/2007. (DMB) Modified on 8/6/2007 (Cole, R). (Entered: 08/06/2007)
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Legal Document (Payment Possibly Required) 23 Filed: 8/3/2007, Entered: None
RESPONSE to motion re 15 MOTION to dismiss Counterclaim and Supporting Memorandum of Law, 14 MOTION to strike 11 Answer to complaint, Counterclaim And/Or Motion for More Definite Statement of Defendant's Second Affirmative Defense and Supporting Memorandum of Law MOTION to strike 11 Answer to complaint, Counterclaim And/Or Motion for More Definite Statement of Defendant's Second Affirmative Defense and Supporting Memorandum of Law filed by Susan Everingham. (Attachments: # 1 Exhibit A)(Pellenbarg, Eric) (Entered: 08/03/2007)
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Legal Document (Payment Possibly Required) 22 Filed: 7/24/2007, Entered: None Court Filing
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 2/1/2008, Joinder of Parties due by 2/1/2008, Discovery due by 6/1/2008, Dispositive motions due by 7/1/2008, Pretrial statement due by 8/29/2008, Pretrial Conference set for 9/4/2008 at 09:30 AM in Courtroom 10 A before Magistrate Judge Mary S. Scriven, Jury Trial set for term commencing 10/6/2008 at 09:00 AM in Courtroom 15 B before Judge Richard A. Lazzara. Signed by Judge Richard A. Lazzara on 7/24/2007. (Cole, R) (Entered: 07/24/2007)
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Legal Document (Payment Possibly Required) 21 Filed: 7/20/2007, Entered: None
CASE MANAGEMENT REPORT. (Martin, Richard) (Entered: 07/20/2007)
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Legal Document (Payment Possibly Required) 20 Filed: 7/16/2007, Entered: None Court Filing
ENDORSED ORDER granting 19 Motion for Extension of Time to File Response/Reply to Plaintiff's Motion to Strike Answer and Motion to Dismiss Counterclaim. Defendant shall file her Response on or before 8/3/07. Signed by Judge Richard A. Lazzara on 7/16/2007.(DMB) (Entered: 07/16/2007)
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Legal Document (Payment Possibly Required) 19 Filed: 7/13/2007, Entered: None Court Filing
MOTION for Extension of Time to File Response/Reply to Plaintiffs'/Counter-Defendants' Motion to Strike Answer and Motion to Dismiss Counterclaim by Susan Everingham. (Pellenbarg, Eric) Motions referred to Magistrate Judge Mary S. Scriven. (Entered: 07/13/2007)
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Legal Document (Payment Possibly Required) 18 Filed: 7/9/2007, Entered: None Court Filing
ENDORSED ORDER granting 16 joint motion to extend time. The parties shall file the case management report on or before 7/20/07. Signed by Judge Richard A. Lazzara on 7/9/2007. (DMB) (Entered: 07/09/2007)
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Legal Document (Payment Possibly Required) 17 Filed: 7/9/2007, Entered: None Court Filing
ENDORSED ORDER directing Defendants to respond to Plaintiff's 14 Motion to Strike Answer and 15 Motion to Dismiss Counterclaim. Signed by Judge Richard A. Lazzara on 7/9/2007. (DMB) (Entered: 07/09/2007)
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Legal Document (Payment Possibly Required) 16 Filed: 7/6/2007, Entered: None
MOTION to extend time to File Case Management Report by Diamond Heads, LLC, Keith Brinton, Susan Everingham. (Bajo, Pedro) (Entered: 07/06/2007)
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Legal Document (Payment Possibly Required) 15 Filed: 7/6/2007, Entered: None
MOTION to dismiss Counterclaim and Supporting Memorandum of Law by Keith Brinton, Diamond Heads, LLC. (Bajo, Pedro) (Entered: 07/06/2007)
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Legal Document (Payment Possibly Required) 14 Filed: 7/6/2007, Entered: None Court Filing
MOTION to strike 11 Answer to complaint, Counterclaim And/Or Motion for More Definite Statement of Defendant's Second Affirmative Defense and Supporting Memorandum of Law by Diamond Heads, LLC. (Bajo, Pedro) Motions referred to Magistrate Judge Mary S. Scriven. (Entered: 07/06/2007)
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Legal Document (Payment Possibly Required) 13 Filed: 5/25/2007, Entered: None Court Filing
ENDORSED ORDER granting 12 Motion for Extension of Time to File Response re 12 Joint MOTION for Extension of Time to File Response to Counterclaim. Responses due by 7/5/2007. Entered by Judge Richard A. Lazzara on 5/25/2007. (Cole, R) (Entered: 05/25/2007)
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Legal Document (Payment Possibly Required) 12 Filed: 5/25/2007, Entered: None Court Filing
Joint MOTION for Extension of Time to File Response/Reply to Counterclaim by Diamond Heads, LLC. (Bajo, Pedro) Motions referred to Magistrate Judge Mary S. Scriven. (Entered: 05/25/2007)
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Legal Document (Payment Possibly Required) 11 Filed: 5/17/2007, Entered: None
Susan Posner's ANSWER and affirmative defenses to complaint with Jury Demand, COUNTERCLAIM against Keith Brinton, Diamond Heads, LLC by Susan Everingham. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Kauget, Harvey) (Entered: 05/17/2007)
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Legal Document (Payment Possibly Required) 10 Filed: 4/25/2007, Entered: None Court Filing
ENDORSED ORDER granting 9 Joint Motion for Extension of Time to File Response to Complaint. Responses due by 5/17/2007. Signed by Judge Richard A. Lazzara on 4/25/2007. (Hartman, S) (Entered: 04/25/2007)
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Legal Document (Payment Possibly Required) 9 Filed: 4/25/2007, Entered: None Court Filing
Joint MOTION for Extension of Time to File Response/Reply to Complaint by Susan Posner and by Diamond Heads, LLC. (Bajo, Pedro) Motions referred to Magistrate Judge Mary S. Scriven. (Entered: 04/25/2007)
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Legal Document (Payment Possibly Required) 8 Filed: 4/4/2007, Entered: None Court Filing
ENDORSED ORDER granting 7 Motion for extension of time to answer or respond to complaint. Susan Everingham answer due 4/27/2007. Signed by Judge Richard A. Lazzara on 4/4/2007. (Hartman, S) (Entered: 04/04/2007)
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Legal Document (Payment Possibly Required) 7 Filed: 4/3/2007, Entered: None Court Filing
Joint MOTION for extension of time to file answer or otherwise plead by all parties. (Bajo, Pedro) Motions referred to Magistrate Judge Mary S. Scriven. (Entered: 04/03/2007)
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Legal Document (Payment Possibly Required) 6 Filed: 3/23/2007, Entered: None
RETURN of service executed on 03/19/07 by Diamond Heads, LLC as to Susan Everingham. (Bajo, Pedro) (Entered: 03/23/2007)
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Legal Document (Payment Possibly Required) 5 Filed: 3/20/2007, Entered: None Court Filing
ENDORSED ORDER granting 4 motion to appear pro hac vice by Krista Weber Powell, Bradley R. Jensen, and H. Dickson Burton. Signed by Judge Richard A. Lazzara on 3/20/2007. (Hartman, S) (Entered: 03/20/2007)
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Legal Document (Payment Possibly Required) 4 Filed: 3/19/2007, Entered: None
MOTION for Krista Weber Powell, Bradley R. Jensen and H. Dickson Burton to appear pro hac vice by Diamond Heads, LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Bajo, Pedro) (Entered: 03/19/2007)
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Legal Document (Payment Possibly Required) 3 Filed: 3/16/2007, Entered: None
NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 3/27/2007. Signed by Deputy Clerk on 3/16/2007. (Cole, R) (Entered: 03/16/2007)
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Legal Document (Payment Possibly Required) 2 Filed: 3/15/2007, Entered: None
Summons issued as to Susan Everingham. (jlh, ) (Entered: 03/16/2007)
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Legal Document (Payment Possibly Required) 1 Filed: 3/15/2007, Entered: None
COMPLAINT - injunctive relief sought against Susan Everingham (Filing fee $ 350 receipt number t040867) filed by Diamond Heads, LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(jlh, ) (Entered: 03/16/2007)
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