Kantor v. Appian Corporation
Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:12-cv-01289
District Judge Thomas Selby Ellis, III, presiding

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Last Updated September 11, 2016 at 12:32 AM DT (4.6 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Jeffrey Kantor, Plaintiff

Toggle Switch Represented by Jeffrey Kantor

Name Phone Fax E-Mail
Space Jeffrey Kantor +1 703 946 5872

Toggle Switch Represented by SWIFT & SWIFT, ATTORNEYS AT LAW, PLLC

Name Phone Fax E-Mail
Space Stephen Christopher Swift +1 703 418 0000 +1 703 535 8205 steve@swift.law.pro
v.
No Logo Appian Corporation, Defendant

Toggle Switch Represented by Ford & Harrison LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Bethany Clair +1 202 719 2000 +1 202 719 2055 pclair@fordharrison.com
Citation Section 28 U.S.C. § 1332
Nature of Suit 442 - Civil Rights: Employment
  Entries (58) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 58 Filed: 12/6/2013, Entered: None Court Filing
ORDER granting 49 Motion for Sanctions. Counsel shall confer and contact myu law clerk to schedule a Rule 16 (b) conference tooccur by telephone on 12/10/13 or 12/11/13. Signed by Magistrate Judge Thomas Rawles Jones, Jr on 12/6/13. (See order for further details).(gwalk, ) (Entered: 12/09/2013)
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    Legal Document (Payment Possibly Required) 57 Filed: 12/6/2013, Entered: None
    Response to 56 Motion Hearing, Defendant's Application for Attorneys' Fees and Supporting Declarations filed by Appian Corporation. (Attachments: # 1 Affidavit)(Clair, Bethany) (Entered: 12/06/2013)
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      Legal Document (Payment Possibly Required) 56 Filed: 11/22/2013, Entered: None Court Filing
      Minute Entry for proceedings held before Magistrate Judge Thomas Rawles Jones, Jr:Motion Hearing held on 11/22/2013 re 49 MOTION for Sanctions filed by Appian Corporation. Appearances of counsel. Motion argued. Report and recommendation recommending dismissal with prejudice to follow. Fee affidavit to be submitted within two weeks. Response due one week thereafter. Discovery stayed. (Tape #FTR.)(cmar, ) (Entered: 11/25/2013)
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        Legal Document (Payment Possibly Required) 55 Filed: 11/15/2013, Entered: None Court Filing
        For the reasons stated from the bench, and in accord with specific rulings made at that time, it is ORDERED that: 1) Defendant's motion to compel (no 51 ) is GRANTED. 2) Defendant's motion for sanctions (no. 49 ) is continued to November 22, 2013. Signed by Magistrate Judge Thomas Rawles Jones, Jr on 11/15/13. (cmar, ) (Entered: 11/15/2013)
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          Legal Document (Payment Possibly Required) 54 Filed: 11/15/2013, Entered: None Court Filing
          Minute Entry for proceedings held before Magistrate Judge Thomas Rawles Jones, Jr:Motion Hearing held on 11/15/2013 re 49 MOTION for Sanctions filed by Appian Corporation, 51 MOTION to Compel filed by Appian Corporation. Appearances of counsel. Motion argued and continued for further proceedings on 11/22/2013 at 10:00 AM in Alexandria Courtroom 301 before Magistrate Judge Thomas Rawles Jones Jr. (Tape #FTR.)(cmar, ) (Entered: 11/15/2013)
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            Legal Document (Payment Possibly Required) 53 Filed: 11/7/2013, Entered: None
            Notice of Hearing Date set for 11/15/2013 re 49 MOTION for Sanctions , 51 MOTION to Compel (Clair, Bethany) (Entered: 11/07/2013)
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              Legal Document (Payment Possibly Required) 52 Filed: 11/7/2013, Entered: None
              Memorandum in Support re 51 MOTION to Compel filed by Appian Corporation. (Attachments: # 1 Affidavit Declaration of B. Patrice Clair, Esq., # 2 Exhibit Exhibits A-D to Declaration, # 3 Exhibit Exhibits E-J to Declaration)(Clair, Bethany) (Entered: 11/07/2013)
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                Legal Document (Payment Possibly Required) 51 Filed: 11/7/2013, Entered: None
                MOTION to Compel by Appian Corporation. (Clair, Bethany) (Entered: 11/07/2013)
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                  Legal Document (Payment Possibly Required) 50 Filed: 11/7/2013, Entered: None
                  Memorandum in Support re 49 MOTION for Sanctions filed by Appian Corporation. (Attachments: # 1 Affidavit Declaration of B. Patrice Clair, Esq., # 2 Exhibit Exhibits A-D to Declaration, # 3 Exhibit Exhibits E-J to Declaration)(Clair, Bethany) (Entered: 11/07/2013)
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                    Legal Document (Payment Possibly Required) 49 Filed: 11/7/2013, Entered: None
                    MOTION for Sanctions by Appian Corporation. (Clair, Bethany) (Entered: 11/07/2013)
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                      Legal Document (Payment Possibly Required) 48 Filed: 9/24/2013, Entered: None Court Filing
                      ORDER granting 47 Motion for Pro hac vice. Signed by District Judge T. S. Ellis, III on 9/24/13. (nhall) (Entered: 09/26/2013)
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                        Legal Document (Payment Possibly Required) 47 Filed: 9/23/2013, Entered: None
                        Motion to appear Pro Hac Vice by Anessa Abrams and Certification of Local Counsel B. Patrice Clair Filing fee $ 75, receipt number 0422-3678794. by Appian Corporation. (Clair, Bethany) (Entered: 09/23/2013)
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                          Legal Document (Payment Possibly Required) 46 Filed: 9/20/2013, Entered: None Court Filing
                          For the reasons stated from the bench, and in accord with specific rulings made at that time, it is ORDERED that plaintiff's "motion for a continuance" (no. 38 ) is treated as a motion to extend time for discovery responses, which is GRANTED IN PART. Plaintiff shall serve full and complete interrogatory answers and a Rule 34 document response by October 7, 2013. Signed by Magistrate Judge Thomas Rawles Jones, Jr on 09/20/13. (cmar, ) (Entered: 09/20/2013)
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                            Legal Document (Payment Possibly Required) 45 Filed: 9/20/2013, Entered: None Court Filing
                            Minute Entry for proceedings held before Magistrate Judge Thomas Rawles Jones, Jr:Motion Hearing held on 9/20/2013 re 38 MOTION for Extension of Time to Complete Discovery filed by Jeffrey Kantor. Appearances of counsel. Motion argued and GRANTED in part. A two week extension from Monday granted. Discovery responses (interrogatory answers and Rule 34 document response) will be due 10/07/13. Order to follow. (Tape #FTR.)(cmar, ) (Entered: 09/20/2013)
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                              Legal Document (Payment Possibly Required) 44 Filed: 9/20/2013, Entered: None
                              NOTICE of Appearance by Stephen Christopher Swift on behalf of Jeffrey Kantor (Swift, Stephen) (Entered: 09/20/2013)
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                                Legal Document (Payment Possibly Required) 43 Filed: 9/18/2013, Entered: None
                                Memorandum in Opposition re 38 MOTION for Extension of Time to Complete Discovery filed by Appian Corporation. (Clair, Bethany) (Entered: 09/18/2013)
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                                  Legal Document (Payment Possibly Required) 42 Filed: 9/16/2013, Entered: None
                                  ANSWER to Complaint by Appian Corporation.(Clair, Bethany) (Entered: 09/16/2013)
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                                    Legal Document (Payment Possibly Required) 41 Filed: 9/11/2013, Entered: None
                                    Plaintiff Response And Objections To Defentdant Appian Corporation's First Set Of Requests For Production Of Documents filed by Jeffrey Kantor. (nhall) (Entered: 09/12/2013)
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                                      Legal Document (Payment Possibly Required) 40 Filed: 9/11/2013, Entered: None
                                      Plaintiff Objections And Responses To Defentdant Appian Corporation's First Set Of Interrogatories filed by Jeffrey Kantor. (nhall) (Entered: 09/12/2013)
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                                        Legal Document (Payment Possibly Required) 39 Filed: 9/11/2013, Entered: None
                                        Plaintiff's Initial Disclosures by Jeffrey Kantor. (nhall) (Entered: 09/12/2013)
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                                          Legal Document (Payment Possibly Required) 38 Filed: 9/11/2013, Entered: None
                                          MOTION for Extension of Time to Complete Discovery by Jeffrey Kantor. (nhall) (Entered: 09/12/2013)
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                                            Legal Document (Payment Possibly Required) 37 Filed: 9/6/2013, Entered: None Court Filing
                                            ORDERED that defendant's motion to dismiss is DENIED. It is further ORDERED that defendant's motion to strike is GRANTED, and accordingly, plaintiff's "Opposition to Appian's July 16th Motion to Dismiss and subsequentresponse" (Doc. 28) is hereby STRICKEN pursuant to Local Rule 7(F)(1).1It is further ORDERED that plaintiffs motion for a30-day continuance is DENIED AS MOOT, given that defendant's motion to dismiss has been denied. Counsel for plaintiff is DIRECTED to file a notice of appearance promptly. Signed by District Judge T. S. Ellis, III on 9/6/2013. (nmcc) Copy of this order mailed to pro se litigant on 9/9/2013 (nmcc). (Entered: 09/09/2013)
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                                              Legal Document (Payment Possibly Required) 36 Filed: 9/6/2013, Entered: None Court Filing
                                              Minute Entry for proceedings held before District Judge T. S. Ellis, III:Motion Hearing held on 9/6/2013 re deft's 18 MOTION to Dismiss and 32 MOTION to Strike. Matter heard; motion to dismiss is denied. Appearance: B. Patrice Clair for deft and pro se pltf litigant. (Court Reporter M. Rodriquez)(nmcc ) (Entered: 09/09/2013)
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                                                Legal Document (Payment Possibly Required) 35 Filed: 9/6/2013, Entered: None
                                                MOTION for 30 Day Continuance by Jeffrey Kantor. (nhall) (Entered: 09/06/2013)
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                                                  Legal Document (Payment Possibly Required) 34 Filed: 8/23/2013, Entered: None
                                                  Notice of Hearing Date set for September 6, 2013 re 32 MOTION to Strike 28 Opposition (Clair, Bethany) (Entered: 08/23/2013)
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                                                    Legal Document (Payment Possibly Required) 33 Filed: 8/23/2013, Entered: None
                                                    Memorandum in Support re 32 MOTION to Strike 28 Opposition filed by Appian Corporation. (Clair, Bethany) (Entered: 08/23/2013)
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                                                      Legal Document (Payment Possibly Required) 32 Filed: 8/23/2013, Entered: None
                                                      MOTION to Strike 28 Opposition by Appian Corporation. (Clair, Bethany) (Entered: 08/23/2013)
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                                                        Legal Document (Payment Possibly Required) 31 Filed: 8/21/2013, Entered: None Court Filing
                                                        Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that: a. Parties shall deliver to my chambers (not to the Clerks office) a copy of every non-dispositive motion and every document relating to such a motion within one business day of filing it. b. Rule 26(a) disclosures, depositions, interrogatories, requests for documents and admissions, and answers thereto shall not be filed except on order of thecourt, or for use in a motion or at trial. c. No general objection may be asserted in response to any discovery demand except to preserve the attorney-client privilege and work product protection. d. The Rule 26(f) report filed by the parties is approved, and shall control discovery to the extent of its application unless modified by the court herein or hereafter. e. PLAINTIFF IS HEREBY NOTIFIED THAT PLAINTIFF IS BOUND BY THE TERMS OF THIS ORDER, BY ALL OTHER ORDERS ENTERED BEFORE OR AFTER TODAY, BY THE LOCAL RULES OF THIS COURT, AND BY THE FEDERAL RULES OF CIVIL PROCEDURE. (SEE ORDER FOR FURTHER DETAILS.) Signed by Magistrate Judge Thomas Rawles Jones, Jr on 08/21/13. (cmar, ) (Entered: 08/21/2013)
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                                                          Legal Document (Payment Possibly Required) 30 Filed: 8/21/2013, Entered: None Court Filing
                                                          Minute Entry for proceedings held before Magistrate Judge Thomas Rawles Jones, Jr:Initial Pretrial Conference held on 8/21/2013. Appearance of counsel for deft. No appearance by pro se pltf. Discovery plan approved. Order to issue. (cmar, ) (Entered: 08/21/2013)
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                                                            Legal Document (Payment Possibly Required) 29 Filed: 8/14/2013, Entered: None
                                                            Discovery Plan by Appian Corporation, Jeffrey Kantor.(Clair, Bethany) Modified text on 8/15/2013 (klau, ). (Entered: 08/14/2013)
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                                                              Legal Document (Payment Possibly Required) 28 Filed: 8/8/2013, Entered: None
                                                              Opposition to 18 MOTION to Dismiss and subsequent response filed by Jeffrey Kantor. (klau, ) (Entered: 08/09/2013)
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                                                                Legal Document (Payment Possibly Required) 27 Filed: 7/25/2013, Entered: None Court Filing
                                                                SCHEDULING ORDER:Initial Pretrial Conference set for 8/21/2013 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Thomas Rawles Jones Jr. Final Pretrial Conference set for 12/19/2013 at 11:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. Discovery due by 12/13/2013. Signed by District Judge T. S. Ellis, III on 7/25/13. (Attachments: # 1 Mag. Consent, # 2 Pretrial Notice)(nhall) (Entered: 07/26/2013)
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                                                                  Legal Document (Payment Possibly Required) 26 Filed: 7/25/2013, Entered: None
                                                                  RESPONSE in Support re 18 MOTION to Dismiss filed by Appian Corporation. (Clair, Bethany) (Entered: 07/25/2013)
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                                                                    Legal Document (Payment Possibly Required) 25 Filed: 7/19/2013, Entered: None Court Filing
                                                                    ORDER. Accordingly, and for good cause, It is hereby ORDERED that the July 8, 2013 Order to Show Cause is VACATED. (See Order For Details). Signed by District Judge T. S. Ellis, III on 7/19/13. (nhall) (Entered: 07/22/2013)
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                                                                      Legal Document (Payment Possibly Required) 24 Filed: 7/19/2013, Entered: None
                                                                      Opposition to Appian's July 16th 18 MOTION to Dismiss filed by Jeffrey Kantor. (nhall) (Entered: 07/19/2013)
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                                                                        Legal Document (Payment Possibly Required) 23 Filed: 7/19/2013, Entered: None Court Filing
                                                                        Alias Summons Returned Executed Appian Corporation served on 6/25/2013, answer due 7/16/2013. (In Response To Judge's 7/8/13 Show Cause Order/Doc #17). (nhall) (Entered: 07/19/2013)
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                                                                          Legal Document (Payment Possibly Required) 22 Filed: 7/19/2013, Entered: None
                                                                          Response to 17 Order to Show Cause filed by Jeffrey Kantor. (Attachments: # 1 Attachments)(nhall) (Entered: 07/19/2013)
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                                                                            Legal Document (Payment Possibly Required) 21 Filed: 7/16/2013, Entered: None
                                                                            Roseboro Notice Motion to Dismiss by Appian Corporation (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Clair, Bethany) (Entered: 07/16/2013)
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                                                                              Legal Document (Payment Possibly Required) 20 Filed: 7/16/2013, Entered: None
                                                                              Notice of Hearing Date set for September 6, 2013 re 18 MOTION to Dismiss (Clair, Bethany) (Entered: 07/16/2013)
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                                                                                Legal Document (Payment Possibly Required) 19 Filed: 7/16/2013, Entered: None
                                                                                Memorandum in Support re 18 MOTION to Dismiss filed by Appian Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Clair, Bethany) (Entered: 07/16/2013)
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                                                                                  Legal Document (Payment Possibly Required) 18 Filed: 7/16/2013, Entered: None Motion to Dismiss
                                                                                  MOTION to Dismiss by Appian Corporation. (Clair, Bethany) (Entered: 07/16/2013)
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                                                                                    Legal Document (Payment Possibly Required) 17 Filed: 7/8/2013, Entered: None Court Filing
                                                                                    ORDER. It is hereby ORDERED that plaintiff is DIRECTED to show cause by 5:00p.m. Friday, July 19, 2013, why this case should not be dismissed. Should plaintiff not file a response to the instant show cause order by 5:00 p.m. Friday, July 19, 2013, the matter will promptly be dismissed based on plaintiff's failure to comply with the May 24, 2013 Order and the service requirements set forth in Rule 4(m), Fed.R.Civ.P. (See Order For Details). Signed by District Judge T. S. Ellis, III on 7/8/13. (nhall) (Entered: 07/09/2013)
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                                                                                      Legal Document (Payment Possibly Required) 16 Filed: 6/21/2013, Entered: None
                                                                                      Alias Summons Issued and given for service by SPS as to Appian Corporation. (nhall) (Entered: 06/24/2013)
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                                                                                        Legal Document (Payment Possibly Required) 15 Filed: 5/24/2013, Entered: None Court Filing
                                                                                        ORDERED that the March 15, 2013 Order to show cause 3 is VACATED. It is hereby ORDERED that defendant's motion to dismiss 5 is GRANTED, and accordingly this case is DISMISSED without prejudice pursuant to Rule 12(b)(5), Fed.R.Civ.P. It is further ORDERED that plaintiff is GRANTED one more opportunity to serve the complaint, with summons, pursuant to Rule 4, Fed.R.Civ.P., on defendant by 5:00 p.m. Friday, June 28, 2013. In the event plaintiff fails to serve the complaint, with summons, by 5:00 p.m., Friday, June 28, 2013, the matter will promptly be dismissed by further order of the Court. Signed by District Judge T. S. Ellis, III on 5/24/2013. (Copy of this order mailed to pro se litigant.) (nmcc ) Modified on 5/28/2013 (nmcc ). (Entered: 05/28/2013)
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                                                                                          Legal Document (Payment Possibly Required) 14 Filed: 5/24/2013, Entered: None Court Filing
                                                                                          Minute Entry for proceedings held before District Judge T. S. Ellis, III:Motion Hearing held on 5/24/2013 re 5 MOTION to Dismiss (By Special and Limited Appearance) filed by Appian Corporation. Matter heard and motion is granted as instructed from the Bench. Appearance: Pltf not present; B. Clair for deft. (Court Reporter M. Rodriquez)(nmcc ) (Entered: 05/24/2013)
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                                                                                            Legal Document (Payment Possibly Required) 13 Filed: 5/23/2013, Entered: None
                                                                                            Opposition to 5 MOTION to Dismiss (By Special and Limited Appearance) filed by Jeffrey Kantor. (nhall) (Entered: 05/23/2013)
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                                                                                              Legal Document (Payment Possibly Required) 12 Filed: 4/30/2013, Entered: None
                                                                                              Notice of Hearing Date May 24, 2013 re 5 MOTION to Dismiss (By Special and Limited Appearance) (Clair, Bethany) (Entered: 04/30/2013)
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                                                                                                Legal Document (Payment Possibly Required) 11 Filed: 4/30/2013, Entered: None
                                                                                                Reply to 5 MOTION to Dismiss (By Special and Limited Appearance) filed by Appian Corporation. (Clair, Bethany) (Entered: 04/30/2013)
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                                                                                                  Legal Document (Payment Possibly Required) 10 Filed: 4/26/2013, Entered: None
                                                                                                  Opposition to 5 MOTION to Dismiss (By Special and Limited Appearance) filed by Jeffrey Kantor. (Attachments: # 1 Attachment)(pmil) (Entered: 04/26/2013)
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                                                                                                    Legal Document (Payment Possibly Required) 9 Filed: 4/8/2013, Entered: None
                                                                                                    Roseboro Notice by Appian Corporation (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Clair, Bethany) (Entered: 04/08/2013)
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                                                                                                      Legal Document (Payment Possibly Required) 8 Filed: 4/8/2013, Entered: None
                                                                                                      Financial Interest Disclosure Statement (Local Rule 7.1) by Appian Corporation. (Clair, Bethany) (Entered: 04/08/2013)
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                                                                                                        Legal Document (Payment Possibly Required) 7 Filed: 4/8/2013, Entered: None
                                                                                                        NOTICE by Appian Corporation re 5 MOTION to Dismiss (By Special and Limited Appearance) (Clair, Bethany) (Entered: 04/08/2013)
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                                                                                                          Legal Document (Payment Possibly Required) 6 Filed: 4/8/2013, Entered: None
                                                                                                          Memorandum in Support re 5 MOTION to Dismiss (By Special and Limited Appearance) filed by Appian Corporation. (Attachments: # 1 Exhibit A)(Clair, Bethany) (Entered: 04/08/2013)
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                                                                                                            Legal Document (Payment Possibly Required) 5 Filed: 4/8/2013, Entered: None Motion to Dismiss
                                                                                                            MOTION to Dismiss (By Special and Limited Appearance) by Appian Corporation. (Clair, Bethany) (Entered: 04/08/2013)
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                                                                                                              Legal Document (Payment Possibly Required) 4 Filed: 3/21/2013, Entered: None
                                                                                                              Affidavit of Service re: service of summons and on Appian Corporation served on 3/18/2013, answer due 4/8/2013 (gwal, ) (Entered: 03/22/2013)
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                                                                                                                Legal Document (Payment Possibly Required) 3 Filed: 3/15/2013, Entered: None Court Filing
                                                                                                                ORDER It appearing from the record that service has not been effected on defendant within 120days after the complaint was filed in this matter,It is hereby ORDERED that plaintiff is DIRECTED to show cause by 5:00 p.m., Monday, March 25, 2013, why this case should not be dismissed pursuant to Rule 4(m), Fed. R. Civ. P. Should plaintiff fail to file a response to the instant show cause order by 5:00 p.m., March 25, 2013, the matter will promptly be dismissed based on plaintiffs failure to comply with the servicerequirements set forth in Rule 4(m), Fed. R. Civ. P. The Clerk is directed to send a copy of this Order to the pro se plaintiff. Signed by District Judge T. S. Ellis, III on 3/15/13. copy mailed and Pltff. contacted via telephone and advised of the order.(gwal, ) (Entered: 03/15/2013)
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                                                                                                                  Legal Document (Payment Possibly Required) 2 Filed: 11/13/2012, Entered: None
                                                                                                                  Summons Issued and given for service by SPS as to Appian Corporation. (nhall) (Entered: 11/14/2012)
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                                                                                                                    Blank 1 Filed: 11/13/2012, Entered: None
                                                                                                                    COMPLAINT against Appian Corporation ( Filing fee $ 350, receipt number 14683032178.), filed by Jeffrey Kantor. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(nhall) (Entered: 11/14/2012)
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