American Stock v. Mopex, Inc.

Federal Civil Lawsuit New York Southern District Court, Case No. 1:00-cv-05943
District Judge Shira A. Scheindlin, presiding
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District Judge Shira A. Scheindlin
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Summary

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Parties
No Logo American Stock Exchange LLC, Plaintiff

Represented by Friedman And Wittenstein, Pc

Name Phone Fax E-Mail
LEAD ATTORNEY PAUL S. GROSSMAN +1 212 750 8700 pgrossman@friedmanwittenstein.com

Represented by Friedman Wittenstein & Hochman

Name Phone Fax E-Mail
LEAD ATTORNEY Stuart I. Friedman +1 212 750 8700 +1 212 223 8394 sfriedman@friedmanwittenstein.com

Represented by Howrey LLP

Name Phone Fax E-Mail
LEAD ATTORNEY William K West, Jr. +1 202 783 0800 +1 202 783 6610 westw@howrey.com
No Logo Mopex Inc., Counter-Claimant

Represented by Greenberg Traurig, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY Adam Benjamin Landa +1 917 282 9823 +1 212 805 9290 landaa@gtlaw.com

Represented by Wallenstein Wagner & Rockey, Ltd.

Name Phone Fax E-Mail
LEAD ATTORNEY Jeffrey R. Gargano +1 312 554 3300
v.
No Logo Mopex Inc., Defendant

Represented by Figliulo & Verman, P.C.

Name Phone Fax E-Mail
LEAD ATTORNEY +1 312 251 4600

Represented by Greenberg Traurig, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY Adam Benjamin Landa +1 917 282 9823 +1 212 805 9290 landaa@gtlaw.com

Represented by Wallenstein Wagner & Rockey, Ltd.

Name Phone Fax E-Mail
LEAD ATTORNEY Jeffrey R. Gargano +1 312 554 3300
No Logo American Stock Exchange LLC, Counter-Defendant

Represented by Friedman And Wittenstein, Pc

Name Phone Fax E-Mail
LEAD ATTORNEY PAUL S. GROSSMAN +1 212 750 8700 pgrossman@friedmanwittenstein.com

Represented by Friedman Wittenstein & Hochman

Name Phone Fax E-Mail
LEAD ATTORNEY Stuart I. Friedman +1 212 750 8700 +1 212 223 8394 sfriedman@friedmanwittenstein.com

Represented by Howrey LLP

Name Phone Fax E-Mail
LEAD ATTORNEY William K West, Jr. +1 202 783 0800 +1 202 783 6610 westw@howrey.com
Attributes
Citation Section 28 U.S.C. § 2201dj
Nature of Suit 830 - Property Rights: Patent
Timeline
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Legal Document (Payment Possibly Required) 88 Filed: 3/24/2003, Entered: None Court Filing
STIPULATED ORDER: this action, including all claims and counterclaims, is dismissed with prejudice, with each party bearing its own fees and costs. ( signed by Judge Shira A. Scheindlin ) (db) (Entered: 03/25/2003)
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Legal Document (Payment Possibly Required) 87 Filed: 3/24/2003, Entered: None Court Filing
STIPULATION AND ORDER of dismissal; that this action, including all claims and counterclaims, is dismissed with prejudice, with each party bearing its own fees and costs. ( signed by Judge Shira A. Scheindlin ) (pl) (Entered: 03/25/2003)
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Legal Document (Payment Possibly Required) 86 Filed: 2/20/2003, Entered: None Court Filing
Order of discontinuance of the settled action with prejudice but without costs; provided, however, that within 30 days of the date of this Order, counsel for plntf may apply by letter for restoration of the action to the calendar of the undersigned if the settlement is not effected, in which event the action will be restored ( signed by Judge Shira A. Scheindlin ) (cd) (Entered: 02/24/2003)
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Legal Document (Payment Possibly Required) 85 Filed: 2/6/2003, Entered: None Court Filing
OPINION AND ORDER #88047, that because there are no genuine issues of material fact, the AMEX's motion for summary judgment as to the validity of the `685 Patent is granted ; A conference is scheduled for 2/11/03 at 3:30 p.m. . ( signed by Judge Shira A. Scheindlin ). (tp) Modified on 02/11/2003 (Entered: 02/10/2003)
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Legal Document (Payment Possibly Required) 84 Filed: 1/28/2003, Entered: None Court Filing
Order of Admission Pro Hac Vice: Jeffrey R. Gargano is admitted to appear pro hac vice for dft Mopex, Inc. . ( signed by Judge Shira A. Scheindlin ) (db) (Entered: 02/03/2003)
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Legal Document (Payment Possibly Required) 83 Filed: 1/23/2003, Entered: None Court Filing
Order admitting attorney pro hac vice; Jeffrey R. Gargano, Esq. is admitted to participate in this action on behalf of defendant. ( signed by Judge Shira A. Scheindlin ); document forwarded to Attorney Admissions Clerk. (sb) (Entered: 01/28/2003)
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Legal Document (Payment Possibly Required) 82 Filed: 12/12/2002, Entered: None Court Filing
OPINION AND ORDER #87819, Mopex's objections are denied. I hereby accept and adopt Judge Dolinger's R & R dated 7/25/02 ; granting [54-1] motion for an order precluding Mopex, Inc. from asserting claim #34 in this litigation. ( signed by Judge Shira A. Scheindlin ); (kw) (Entered: 12/13/2002)
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Legal Document (Payment Possibly Required) 81 Filed: 10/11/2002, Entered: None
AFFIDAVIT of Clifford J. Weber by American Stock in support of AMEX's motion for summary judgment. (yv) (Entered: 10/22/2002)
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Sealed Legal Document 80 Filed: 10/18/2002, Entered: None
SEALED DOCUMENT placed in vault. (js) (Entered: 10/21/2002)
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Sealed Legal Document 79 Filed: 10/11/2002, Entered: None
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Sealed Legal Document 78 Filed: 10/11/2002, Entered: None
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Sealed Legal Document 77 Filed: 10/11/2002, Entered: None
SEALED DOCUMENT placed in vault. (js) (Entered: 10/15/2002)
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Legal Document (Payment Possibly Required) 76 Filed: 10/3/2002, Entered: None Court Filing
Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 8/8/02. (laq) (Entered: 10/04/2002)
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Legal Document (Payment Possibly Required) 75 Filed: 9/27/2002, Entered: None
NOTICE OF MOTION by Mopex, Inc. for partial summary judgment, as further set forth in this document ; Return Date not indicated (cd) (Entered: 10/02/2002)
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Sealed Legal Document 74 Filed: 9/27/2002, Entered: None
SEALED DOCUMENT placed in vault. (js) (Entered: 09/27/2002)
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Sealed Legal Document 73 Filed: 9/27/2002, Entered: None
SEALED DOCUMENT placed in vault. (js) (Entered: 09/27/2002)
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Legal Document (Payment Possibly Required) 72 Filed: 9/20/2002, Entered: None Court Filing
Memo-Endorsement on letter addressed to Judge Scheindlin from James R. Figliulo, dated 9/17/02 Re: Amex's Summary Judgment motion (not fld): deft's request is hereby granted and Mopex's response is due 9/27/02 and Amex's reply is due 10/11/02; the surreply must be fld by 10/18/02 ( signed by Judge Shira A. Scheindlin ); Copies mailed. (cd) Modified on 09/24/2002 (Entered: 09/23/2002)
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Sealed Legal Document 71 Filed: 8/30/2002, Entered: None
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Sealed Legal Document 70 Filed: 8/29/2002, Entered: None
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Sealed Legal Document 69 Filed: 8/22/2002, Entered: None
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Sealed Legal Document 68 Filed: 8/8/2002, Entered: None
SEALED DOCUMENT placed in vault. (wv) (Entered: 08/08/2002)
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Legal Document (Payment Possibly Required) 67 Filed: 7/29/2002, Entered: None Court Filing
Memo-Endorsement on letter addressed to Magistrate Judge Dolinger from Paul S. Grossman, dated 7/25/02. In deference to Judge Scheindlin's requirement for a pre-motion conference and her current schedule, we vacate the portion of our last scheduling order that specifies when potentially dispositive motions are to be served and filed . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (kw) (Entered: 07/31/2002)
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Legal Document (Payment Possibly Required) 66 Filed: 7/29/2002, Entered: None Court Filing
REPORT AND RECOMMENDATIONS of Magistrate Judge Michael H. Dolinger of [54-1] motion for an order precluding Mopex, Inc. from asserting claim #34 in this litigation, [54-2] motion striking any reference to claim 34 in the Expert Report of C. Michael Carty. The Court recommends that plaintiff's motion to preclude defendant from presenting its claim 34 infringement theory on motion or at trail be granted. Objections to R and R due by 8/12/02. (jco) (Entered: 07/30/2002)
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Legal Document (Payment Possibly Required) 65 Filed: 7/10/2002, Entered: None Court Filing
ORDER; that the attorney appearance of Thomas K. Stine, Richard C. Himelhoch, and Edward L. Bishop are withdrawn from the record of this case in this Court on behalf of defendant Mopex, Inc . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (kkc) (Entered: 07/16/2002)
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Legal Document (Payment Possibly Required) 64 Filed: 6/26/2002, Entered: None Court Filing
STIPULATION and ORDER, Fact Discovery deadline on 7/12/02 ; all dispositive motions shall be served on or before 8/1/02; all papers in opposition shall be served on or before 9/3/02; all reply papers on any dispositive motions shall be served on or before 10/3/02 ( signed by Magistrate Judge Michael H. Dolinger ) (cd) Modified on 06/28/2002 (Entered: 06/27/2002)
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Legal Document (Payment Possibly Required) 63 Filed: 6/12/2002, Entered: None Court Filing
OPINION AND ORDER # 87056; denying [45-1] motion for leave to file First Amended Counterclaim; RTMF is given two weeks in which it may seek intervention as a counterclaim-plaintiff under Rule 22 and, if RTMF fails to make such a request, Mopex may renew its motion to join RTMF as an compulsory counterclaim-plaintiff pursuant to Rule 19(a). that a conference is scheduled for 7/16/02 at 4:30 . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (pl) Modified on 06/19/2002 (Entered: 06/14/2002)
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Legal Document (Payment Possibly Required) 62 Filed: 6/10/2002, Entered: None Court Filing
Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of April 30, 2002. (jb) (Entered: 06/12/2002)
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Legal Document (Payment Possibly Required) 61 Filed: 5/24/2002, Entered: None
REPLY MEMORANDUM by American Stock in further support of: [54-1] motion for an order precluding Mopex, Inc. from asserting claim #34 in this litigation, [54-2] motion striking any reference to claim 34 in the Expert Report of C. Michael Carty (yv) (Entered: 05/29/2002)
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Legal Document (Payment Possibly Required) 60 Filed: 5/17/2002, Entered: None Court Filing
Memo-Endorsement on letter addressed to Magistrate Judge Dolinger from James R. Figliulo, dated 5/13/02. Mopex's request for a two day extension of time to serve the rebuttal expert reports is hereby granted. The reports must be exchanged by 5/15/02 . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (kw) (Entered: 05/28/2002)
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Sealed Legal Document 59 Filed: 5/20/2002, Entered: None
SEALED DOCUMENT placed in vault. (wv) (Entered: 05/21/2002)
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Legal Document (Payment Possibly Required) 58 Filed: 5/14/2002, Entered: None Court Filing
Memo-Endorsement on letter addressed to Mag. Judge Dolinger from James R. Figliulo, dated 05/13/02; counsel is granted a short extension of two days by which to serve the rebuttal expert report ; ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (djc) (Entered: 05/17/2002)
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Legal Document (Payment Possibly Required) 57 Filed: 5/13/2002, Entered: None Court Filing
Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Depositive Motion (i.e. motion requiring a report and recommendation) Motion to preclude. Referred to Magistrate Judge Michael H. Dolinger. ( signed by Judge Shira A. Scheindlin ) (jco) (Entered: 05/16/2002)
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Sealed Legal Document 56 Filed: 5/9/2002, Entered: None
SEALED DOCUMENT placed in vault. (js) (Entered: 05/09/2002)
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Legal Document (Payment Possibly Required) 55 Filed: 5/6/2002, Entered: None
MEMORANDUM OF LAW by American Stock in support of [54-1] motion for an order precluding Mopex, Inc. from asserting claim #34 in this litigation, [54-2] motion striking any reference to claim 34 in the Expert Report of C. Michael Carty . (pl) (Entered: 05/08/2002)
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Legal Document (Payment Possibly Required) 54 Filed: 5/6/2002, Entered: None
NOTICE OF MOTION by American Stock; for an order precluding Mopex, Inc. from asserting claim #34 in this litigation ; striking any reference to claim 34 in the Expert Report of C. Michael Carty . Return Date: not indicated (pl) (Entered: 05/08/2002)
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Legal Document (Payment Possibly Required) 53 Filed: 5/6/2002, Entered: None Court Filing
JOINT STIPULATION and ORDER MODIFYING THE SCHEUDLING ORDER; the parties shall provide expert reports on all issues on which they do not bear the burden of proof on or before 05/13/02; all depositions of expert witnesses shall be completed by 06/17/02; the parties shall supply the Court with a pre-tral order and acompanying material on a date to be set by the Court as soon thereafter as practicable; all dispositive motions shall be served on or before 07/15/02; all papers in opposition to any dispositive motion shall be served on or before 08/13/02; all reply papers on any dispositive motiion shall be served on or berore 09/16/02 ; ( signed by Magistrate Judge Michael H. Dolinger ) (djc) (Entered: 05/07/2002)
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Legal Document (Payment Possibly Required) 52 Filed: 5/3/2002, Entered: None Court Filing
Memo-Endorsement on letter addressed to Mag. Judge Dolinger from James R. Figliulo, dated 4/19/02; Re: that defendant-counterplaintiff Mopex, Inc. requests an informal conference pursuant to Local Rule 37.2 concerning its request that discovery be reopened for the limited purpose of addressing factual allegations raised in the Fourth Affirmative Defense of its Amended Reply filed by the American Stock Exchange LLC; application denied for reasons stated on the record on 4/30/02 . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (pl) (Entered: 05/07/2002)
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Sealed Legal Document 51 Filed: 5/6/2002, Entered: None
SEALED DOCUMENT placed in vault. (wv) (Entered: 05/06/2002)
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Sealed Legal Document 50 Filed: 5/1/2002, Entered: None
SEALED DOCUMENT placed in vault. (wv) (Entered: 05/02/2002)
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Legal Document (Payment Possibly Required) 49 Filed: 4/30/2002, Entered: None Court Filing
Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of 2/11/02. (tr) (Entered: 04/30/2002)
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Legal Document (Payment Possibly Required) 48 Filed: 4/29/2002, Entered: None Court Filing
ORDER, that a conference has been scheduled in this action on Tuesday 4/30/02 at 2:30 p.m. at which time the parties are directed to appear in Courtroom 17 D, 500 Pearl Street, New York, NY 10007-1312 . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (tp) (Entered: 04/29/2002)
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Legal Document (Payment Possibly Required) 47 Filed: 4/25/2002, Entered: None
NOTICE of attorney appearance for Mopex, Inc. by Stephen R. Auten of Wallenstein & Wagner, Ltd., 311 South Wacker Drive, Suite # 5300, Chicago, Illinois 60606. Telephone # (312) 554-3300. (db) (Entered: 04/29/2002)
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Legal Document (Payment Possibly Required) 46 Filed: 4/17/2002, Entered: None
MEMORANDUM OF LAW by Mopex, Inc. in support of [45-1] motion for leave to file First Amended Counterclaim . Received in night deposit box on 4/17/02 at 7:28 p.m. (yv) (Entered: 04/22/2002)
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Legal Document (Payment Possibly Required) 45 Filed: 4/17/2002, Entered: None
NOTICE OF MOTION (filed on service date) by Mopex, Inc. for leave to file First Amended Counterclaim . Return date 5/14/02 at 12:00. Received in night deposit box on 4/17/02 at 7:27 p.m. (yv) (Entered: 04/22/2002)
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Legal Document (Payment Possibly Required) 44 Filed: 4/16/2002, Entered: None Court Filing
Memo-Endorsement on letter addressed to Juge Scheindlin from Bradford P. Lyerla, dated 4/12/02, withdrawing [43-1] motion for leave to file amended counterclaim; Deadline for filing of deft Mopex's motion to amend counterclaim by 4/17/02; Plntf's Response to motion deadline 5/1/02; Deft's Reply to response to motion deadline 5/8/02 ( signed Judge Shira A. Scheindlin ); Copies mailed. (cd) (Entered: 04/17/2002)
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Legal Document (Payment Possibly Required) 43 Filed: 4/1/2002, Entered: None
NOTICE OF MOTION (filed on service date) by Mopex, Inc. for leave to file amended counterclaim . Return date 4/30/02 at 12:00. Memerandum of Law in support attached with additional exhibits. (bai) (Entered: 04/04/2002)
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Legal Document (Payment Possibly Required) 42 Filed: 3/29/2002, Entered: None Court Filing
STIPULATION and ORDER MODIFYING THE SCHEDULING ORDER; the parties shall provide expert reports on all issues on which they bear the burden of proof by 4/5/02. The parties shall provide expert reports on all issues on which they do not bear the burden of proof by 5/6/02 . All depositions of expert witnesses shall be completed by 6/10/02 . The parties shall supply the Court with a pre-trial order and accompanying material on a date to be set by the Court . All dispositive motions shall be served by 7/8/02. All papers in opposition to any dispositive motion shall be served by 8/6/02. All reply papers on any dispositive motion shall be served by 9/9/02 . ( signed by Magistrate Judge Michael H. Dolinger ) (sn) (Entered: 04/02/2002)
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Legal Document (Payment Possibly Required) 41 Filed: 3/26/2002, Entered: None Court Filing
ORDER, for Stephen R. Auten to appear pro hac vice for deft Mopex ( signed by Judge Shira A. Scheindlin ); Copies mailed; (forwarded orig. doc. to the Atty Admissions Clerk) (cd) (Entered: 03/27/2002)
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Legal Document (Payment Possibly Required) 40 Filed: 3/11/2002, Entered: None Court Filing
ORDER granting [36-1] motion for an order pursuant to Rule 15(a) of the FRCP, grantin plaintiff leave to serve and file the Proposed Amended Reply to Counterclaim. Plaintiff shall serve and file its amended reply to counterclaim within five days of the entry of this order; ( signed by Judge Shira A. Scheindlin ); Copies mailed. (djc) (Entered: 03/14/2002)
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Legal Document (Payment Possibly Required) 39 Filed: 3/8/2002, Entered: None
AMENDED REPLY by American Stock to [5-2] counter claim; Firm of: Friedman, Wittenstein & Hochman by attorney Stuart I. Friedman for counter-defendant American Stock, Paul S. Grossman for counter-defendant American Stock (db) (Entered: 03/12/2002)
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Legal Document (Payment Possibly Required) 38 Filed: 3/5/2002, Entered: None
MEMORANDUM OF LAW by American Stock in support of [36-1] motion for an order pursuant to Rule 15(a) of the FRCP, grantin plaintiff leave to serve and file the Proposed Amended Reply to Counterclaim . (moc) (Entered: 03/07/2002)
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Legal Document (Payment Possibly Required) 37 Filed: 3/5/2002, Entered: None
AFFIDAVIT of William K. West, Jr. by American Stock in support of [36-1] motion for an order pursuant to Rule 15(a) of the FRCP, grantin plaintiff leave to serve and file the Proposed Amended Reply to Counterclaim, exhibits attached. (moc) (Entered: 03/07/2002)
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Legal Document (Payment Possibly Required) 36 Filed: 3/4/2002, Entered: None
NOTICE OF MOTION (filed on service date) by American Stock for an order pursuant to Rule 15(a) of the FRCP, grantin plaintiff leave to serve and file the Proposed Amended Reply to Counterclaim . Proposed amended reply to counterclaim attached. Return date not indicated. (moc) (Entered: 03/07/2002)
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Legal Document (Payment Possibly Required) 35 Filed: 2/28/2002, Entered: None Court Filing
Memo-Endorsement on letter addressed to Magistrate Judge Dolinger from Austin J. Foley, dated 2/25/02. For the limited purposes of completing the deposition of Barclay's, consistent with the atttached 2/22/02 letter of Mark Varboncouer, Esq., the deadline for completing fact discovery is extended to 3/8/02. All other terms of the prior scheduling order remain in effect . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (kw) (Entered: 03/04/2002)
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Legal Document (Payment Possibly Required) 34 Filed: 2/28/2002, Entered: None Court Filing
Memo-Endorsement on letter addressed to MJ Dolinger from Bradford P. Lyerla, dated 2/13/02, Re: Mpoex's request to complete the depositions of BGI and BFGA by 3/1/01: as framed by the parties, the question is whether Barclays has complied with Judge Illston's order enforcing a portion of deft's subpoena. That issue should be addressed promptly with Judge Illston ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (cd) (Entered: 03/01/2002)
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Legal Document (Payment Possibly Required) 33 Filed: 2/28/2002, Entered: None Court Filing
JOINT STIPULATION and ORDER Modifying the Scheduling Order; that all fact discovery shall be completed by 2/13/02; the parties shall provide expert reports on all issues on which they bear the burden of proof on or before 3/28/02; the parties shall provide expert reports on all issues on which they do not bear the burden of proof on or before 4/28/02; all depositions of expert witnesses shall be completed by 5/31/02; the parties shall supply the Court with a pre-trial order and accompanying material on a date to be set by the Court as soon thereafter as practicable; all dispositive motions shall be served on or before 6/28/02; all papers in opposition to any dispositive motion shall be served on or before 7/29/02; all reply papers on any dispositive motion shall be served on or before 8/30/02 . ( signed by Magistrate Judge Michael H. Dolinger ) (kkc) (Entered: 03/01/2002)
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Legal Document (Payment Possibly Required) 32 Filed: 2/8/2002, Entered: None Court Filing
ORDER, granting [27-1] motion pursuant to Local Rule 1.3(c) for admission pro hac vice of attorney James R. Figliulo, granting [27-2] motion for admission pro hac vice of attorney Jeff D. Harris, granting [27-3] motion for admission pro hac vice of attorney James H. Bowhay, granting [27-4] motion for admission pro hac vice of attorney John J. Lynch, and granting [27-5] motion for admission pro hac vice of attorney Michael K. Desmond. ( signed by Judge Shira A. Scheindlin ); Copies mailed. (Sent to the Attorney Admissions Clerk). (kw) (Entered: 02/11/2002)
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Legal Document (Payment Possibly Required) 31 Filed: 2/8/2002, Entered: None
NOTICE of attorney appearance for Mopex, Inc. by James R. Figliulo, Jeff D. Harris, James H. Bowhay, John J. Lynch, and Michael K. Desmond. (bai) (Entered: 02/11/2002)
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Legal Document (Payment Possibly Required) 30 Filed: 2/7/2002, Entered: None Court Filing
Memo-Endorsement on letter addressed to MJ Dolinger from Paul S. Grossman, dated 2/1/02 Re: plntf's request for assistance from the Court in scheduling and taking the deposition of Allan Kiron; On the basis of the showing under this letter application, plntf's request is denied ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (cd) Modified on 02/11/2002 (Entered: 02/08/2002)
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Legal Document (Payment Possibly Required) 29 Filed: 2/8/2002, Entered: None Court Filing
Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of 12/20/01. (tr) (Entered: 02/08/2002)
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Legal Document (Payment Possibly Required) 28 Filed: 2/8/2002, Entered: None Court Filing
Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 12/14/01. (tr) (Entered: 02/08/2002)
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Legal Document (Payment Possibly Required) 27 Filed: 2/5/2002, Entered: None
NOTICE OF MOTION (filed on service date) by Mopex, Inc. pursuant to Local Rule 1.3(c) for admission pro hac vice of attorney James R. Figliulo , for admission pro hac vice of attorney Jeff D. Harris , for admission pro hac vice of attorney James H. Bowhay , for admission pro hac vice of attorney John J. Lynch and, for admission pro hac vice of attorney Michael K. Desmond . Return date not indicated. Affidavit of James R. Figliulo, Jeff D. Harris, James H. Bowhay, John J. Lynch, Michael K. Desmond and Proposed Order attached. (yv) (Entered: 02/07/2002)
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Legal Document (Payment Possibly Required) 26 Filed: 12/28/2001, Entered: None Court Filing
JOINT STIPULATION and ORDER Modifying the Scheduling Order; all fact discovery shall be completed by 2/13/02; the parties shall provide expert reports on all issues on which they bear the burden of proof on or before 2/28/02; the parties shall provide expert reports on all issues on which they do not bear the burden of proof on or before 3/14/02; all depositions of expert witnesses shall be completed by 4/12/02; the parties shall supply the Court with a pre-trial order and accompanying material on a date to be set by the Court as soon thereafter as practicable; all dispositive motions shall be served on or before 5/13/02; all papers in opposition to any dispositive motion shall be served on or before 6/5/02; all reply papers on any dispositive motion shall be served on or before 6/26/02 . ( signed by Magistrate Judge Michael H. Dolinger ) (kkc) (Entered: 01/02/2002)
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Legal Document (Payment Possibly Required) 25 Filed: 12/17/2001, Entered: None Court Filing
ORDER, a conference has been scheduled for 12/20/01 @2:00 p.m., at which time you directed to appear in Courtroom 17D, 500 Pearl Street, NY NY 10007-1312 . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (kg) (Entered: 12/18/2001)
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Legal Document (Payment Possibly Required) 24 Filed: 12/12/2001, Entered: None Court Filing
Memo-Endorsement on letter addressed to Judge Scheindlin from Andrew A. Wittenstein, dated 12/6/01. Re: defendants request an extension until 12/12/01 to submit reply memorandum in further support of the Amex's motion to dismiss Mopex's claims. The due date for defendants' reply is hereby extended to 12/12/01 . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (kw) (Entered: 12/17/2001)
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Legal Document (Payment Possibly Required) 23 Filed: 12/4/2001, Entered: None Court Filing
Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 10/26/01. (moc) (Entered: 12/04/2001)
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Legal Document (Payment Possibly Required) 22 Filed: 10/12/2001, Entered: None Court Filing
Memo-Endorsement on letter addressed to mag Judge Dolinger from Bradford P. Lyerla, dated 10/5/01, deft Mopex's request for an informal conference (regarding Amex's responses to Mopex's Rule 34 requests) is denied without prejudice. Counsel are to confer in person concerning all outstanding discovery issues. If any cannot be resolved, any party can request intervention on the basis of a letter detailing the disputes. As for the discovery schedule, counsel's is drawn to the Stipulation and Order signed by the court 10/3/01 ( signed by Magistrate Judge Michael H. Dolinger Copies mailed. (cd) Modified on 10/16/2001 (Entered: 10/15/2001)
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Legal Document (Payment Possibly Required) 21 Filed: 10/9/2001, Entered: None Court Filing
STIPULATION and ORDER, all written discovery, including any new requests for the production of documents and things, pursuant to Rules 33 through 36 of the FRCP is closed. All depositions of fact witnesses, conducted pursuant to Rule 30 of the FRCP, must be noticed no later than 10/12/01. The time in which to complete all depositions of fact witness shall be extended for 90 days, meaning that all depositions of fact witnesses must be completed by 1/10/02. All dates in the Scheduling Order subsequent to the close of discovery (originally set for 10/12/01) shall be extended for 90 days . ( signed by Magistrate Judge Michael H. Dolinger ) (kw) (Entered: 10/11/2001)
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Legal Document (Payment Possibly Required) 20 Filed: 8/30/2001, Entered: None Court Filing
Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of 7/16/01. (yv) (Entered: 08/30/2001)
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Legal Document (Payment Possibly Required) 19 Filed: 7/2/2001, Entered: None Court Filing
ORDER, a general conference is set for 7/12/01 at 5:00 p.m. ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (kw) (Entered: 07/05/2001)
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Legal Document (Payment Possibly Required) 18 Filed: 5/10/2001, Entered: None Court Filing
Order admitting attorney Bradford P. Lyerla, Esq. pro hac vice on behalf of Defendant. ( signed by Judge Shira A. Scheindlin ) ; Copies mailed (Orig. doc. sent to the Attorney Admissions Clerk) (ae) Modified on 05/11/2001 (Entered: 05/11/2001)
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Legal Document (Payment Possibly Required) 17 Filed: 4/10/2001, Entered: None Court Filing
ORDER, set settlement conference for 10:00 4/25/01 (signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (lam) (Entered: 04/10/2001)
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Legal Document (Payment Possibly Required) 16 Filed: 4/9/2001, Entered: None Court Filing
Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of 2/1/01 at 2:45 (ae) (Entered: 04/09/2001)
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Legal Document (Payment Possibly Required) 15 Filed: 3/14/2001, Entered: None Court Filing
COMPREHENSIVE PROTECTIVE ORDER; regarding procedures that will govern the handling of "Confidential Information." ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (sac) (Entered: 03/15/2001)
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Legal Document (Payment Possibly Required) 14 Filed: 2/23/2001, Entered: None Court Filing
Memo-Endorsement on letter addressed to Mag. Judge Dolinger from Paul S. Grossman, dated 2/21/01. Re: Counsel for pltff writes in response to deft Mopex, Inc.'s letter to the Court dated 2/14/01, asking the Court to limit the ongoing Rule 30(b)(6) deposition of Mopex to 7 hours; pltff requests that the Court deny Mopex's request for relief. Pltff may resume and complete the 30(b)(6) deposition of Mopex through Mr. Kiron. Given the nature of the case and the issues presented, 2 additional days to complete the deposition is not unreasonable . Whether pltff may compel Mr. Kiron to return for still more testimony at a later date is a matter that need not be addressed at this time . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (sn) (Entered: 02/26/2001)
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Legal Document (Payment Possibly Required) 13 Filed: 2/13/2001, Entered: None Court Filing
Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of 2/1/01. (jp) (Entered: 02/14/2001)
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Legal Document (Payment Possibly Required) 12 Filed: 12/28/2000, Entered: None Court Filing
Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 11/21/00. (db) (Entered: 12/28/2000)
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Legal Document (Payment Possibly Required) 11 Filed: 12/1/2000, Entered: None Court Filing
Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 10/12/00. (db) (Entered: 12/01/2000)
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Legal Document (Payment Possibly Required) 10 Filed: 10/18/2000, Entered: None Court Filing
ORDER; Edward L. Bishop, Esq., Richard C. Himelhoch, and Thomas K. Stine are admitted pro hac vice to participate in this case in this Court on behalf of defendants ; (signed by Judge Shira A. Scheindlin); Copies mailed. (docmt forwarded to Atty Admissions Clerk) (djc) Modified on 10/19/2000 (Entered: 10/19/2000)
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Legal Document (Payment Possibly Required) 9 Filed: 10/18/2000, Entered: None Court Filing
Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Discovery Motion or other Motion which does not require a report and recommendation. ( signed by Judge Shira A. Scheindlin ); Referred to Magistrate Judge Michael H. Dolinger. (pl) (Entered: 10/18/2000)
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Legal Document (Payment Possibly Required) 8 Filed: 10/18/2000, Entered: None Court Filing
SCHEDULING ORDER: Mopex served its First Set of Document Requests on 9/26/00. Amex's response is due on 10/26/00. Amex estimates that it will need approx. 90 days (until 12/26/00) to produce documents in response to these requests. Amex served its First Set of Document Requests on 10/5/00. Mopex's response is due on 11/5/00. Mopex will produce documents in 90 days. The parties will provide expert reports on all issues on which they bear the burden of proof on or before 11/12/01. The parties will provide responsive expert reports on all issues on which they do not bear the burben of proof on or before 12/12/01. All expert depositions will be completed on or before 1/15/02. Fact discovery will be completed on or before 10/12/01. Expert discovery will be completed on or before 11/30/00. The parties will submit the pre-trial order in a form conforming with the Court's instructions, together with trial briefs and proposed voir dire questions and proposed jury instructions, on 1/7/02. A final pretrial conference purs. to FRCP 16(d), is scheduled for 10/15/00 at 4:30 p.m. Mopex has demanded a trial by jury. Amex anticipates that a trial of this action will take approx. 5 weeks. ( signed by Judge Shira A. Scheindlin ); Copies mailed. (sac) Modified on 10/20/2000 (Entered: 10/18/2000)
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Legal Document (Payment Possibly Required) 7 Filed: 10/10/2000, Entered: None
REPLY by American Stock to [5-2] counter claim. (kw) (Entered: 10/11/2000)
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Legal Document (Payment Possibly Required) 6 Filed: 9/15/2000, Entered: None
RULE 1.9 CERTIFICATE filed by Mopex, Inc. (kw) (Entered: 09/19/2000)
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Legal Document (Payment Possibly Required) 5 Filed: 9/15/2000, Entered: None
ANSWER to Complaint; jury demand and COUNTERCLAIM by Mopex, Inc. against American Stock. Firm of: Greenberg Traurig LLP by attorney Adam B. Landa. (kw) (Entered: 09/19/2000)
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Legal Document (Payment Possibly Required) 4 Filed: 9/12/2000, Entered: None Court Filing
STIPULATION and ORDER; reset answer to the complt. due for 9/14/00 for Mopex, Inc. ; ( signed by Judge Shira A. Scheindlin ) (lf) (Entered: 09/12/2000)
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Legal Document (Payment Possibly Required) 3 Filed: 8/18/2000, Entered: None
Affidavit of service as to Mopex, Inc. by personal service on 8/18/00. Answer due on 9/7/00 for Mopex, Inc. . (pl) (Entered: 08/23/2000)
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Legal Document (Payment Possibly Required) 2 Filed: 8/10/2000, Entered: None
RULE 1.9 CERTIFICATE filed by American Stock . (bm) (Entered: 08/11/2000)
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Legal Document (Payment Possibly Required) 1 Filed: 8/10/2000, Entered: None
COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 381435. (bm) (Entered: 08/11/2000)
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