| Court: | flsd |
| Docket #: | 1:14-cv-22017 |
| Case Name: | Edwards et al v. Apple Inc. et al |
| PACER case #: | 442667 |
| Date filed: | 2014-06-01 |
| Assigned to: | Judge K. Michael Moore |
| Referred to: | Magistrate Judge Chris M. McAliley |
| Case Cause: | 28:1332 Diversity-Notice of Removal |
| Nature of Suit: | 190 Contract: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Douglas T. Edwards Plaintiff |
Douglas T. Edwards |
| Mobile World View Technologies, Innovations, Communications, Inc. Plaintiff |
|
| Apple Computer, Inc. Defendant |
Francis Augustine Zacherl , III Christopher Warren Prusaski |
| Harshaw Research, Inc. Defendant |
|
| Isaac Wiley Defendant Official & Individual Capacities |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2014-06-01 | 1 | 0 | NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-6787474, filed by Apple Inc.. (Attachments: # 1 Exhibit 1-Complaint, # 2 Exhibit 2-Exhibits to the Complaint, # 3 Exhibit 3-Second Notice of Commencement of Action, # 4 Exhibit 4-Designation of Pleading and Proof of Service by Plaintiff on Defendant Apple Computer, Inc., # 5 Exhibit 5-Notice of Appearance for Defendant Apple Inc., # 6 Exhibit 6-Defendant Apple, Inc.'s Waiver of Service of Process and Notice of Acceptance of the Summons and Complaint, # 7 Civil Cover Sheet)NO ANSWER FILED(Prusaski, Christopher) Modified text on 6/2/2014 (yha). (Entered: 06/01/2014) | 2014-06-03 22:36:37 | b6bedf6b493c81cd6e808015a25f221a64c2087b | |
| 1 | 1 | Exhibit 1-Complaint | 2014-08-18 21:03:46 | ceb9c2d10c2e57c2d4c8ede9a7beaabd7ca6c65c | ||
| 1 | 2 | Exhibit 2-Exhibits to the Complaint | ||||
| 1 | 3 | Exhibit 3-Second Notice of Commencement of Action | ||||
| 1 | 4 | Exhibit 4-Designation of Pleading and Proof of Service by Plaintiff on Defendant | ||||
| 1 | 5 | Exhibit 5-Notice of Appearance for Defendant Apple Inc. | ||||
| 1 | 6 | Exhibit 6-Defendant Apple, Inc.'s Waiver of Service of Process and Notice o | ||||
| 1 | 7 | Civil Cover Sheet | ||||
| 2014-06-01 | 2 | 0 | Judge Assignment to Judge K. Michael Moore (yha) (Entered: 06/02/2014) | |||
| 2014-06-02 | 3 | 0 | Corporate Disclosure Statement by Apple Computer, Inc. (Prusaski, Christopher) (Entered: 06/02/2014) | |||
| 2014-06-03 | 4 | 0 | PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.M. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one-inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore (jme) (Entered: 06/03/2014) | |||
| 2014-06-03 | 5 | 0 | PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE CHRIS M. MCALILEY. PURSUANT to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above captioned Cause is referred to United States Magistrate Judge Chris M. McAliley to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Chris M. McAlileys discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge McAliley, in the drop down menu Judge Information. Signed by Judge K. Michael Moore (jme) (Entered: 06/03/2014) | |||
| 2014-06-03 | 6 | 0 | MOTION TO DISMISS 1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM and Alternative Motion for More Definite Statement by Apple Computer, Inc.. Responses due by 6/20/2014 (Prusaski, Christopher) (Entered: 06/03/2014) | 2014-06-03 22:44:23 | 8e77f1a2c6dbcbf7f5c3dd508eab9bd7be8b1ab9 | |
| 2014-06-12 | 7 | 0 | MOTION to Amend 1 Notice of Removal (State Court Complaint),, by Douglas T. Edwards. (lh) (Entered: 06/12/2014) | |||
| 2014-06-12 | 8 | 0 | MOTION to Dismiss/Deny 1 Notice of Removal (State Court Complaint),, by Douglas T. Edwards. (lh) (Entered: 06/12/2014) | |||
| 2014-06-17 | 9 | 0 | MOTION to Remand to State Court by Douglas T. Edwards. (mg) (Entered: 06/17/2014) | |||
| 2014-06-17 | 10 | 0 | RESPONSE/REPLY to 4 Pretrial Order by Douglas T. Edwards. (mg) (Entered: 06/17/2014) | |||
| 2014-06-18 | 11 | 0 | RESPONSE to Motion re 7 MOTION to Amend/Correct 1 Notice of Removal (State Court Complaint),, filed by Apple Computer, Inc.. Replies due by 6/30/2014. (Prusaski, Christopher) (Entered: 06/18/2014) | |||
| 2014-06-24 | 12 | 0 | RESPONSE in Opposition re 9 MOTION to Remand to State Court, 8 MOTION to Dismiss 1 Notice of Removal (State Court Complaint),, filed by Apple Computer, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Prusaski, Christopher) (Entered: 06/24/2014) | |||
| 2014-06-25 | 13 | 0 | EMERGENCY MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Douglas T. Edwards. (lh) (Entered: 06/25/2014) | |||
| 2014-06-26 | 14 | 0 | EMERGENCY MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Douglas T. Edwards. (Attachments: # 1 Text of Proposed Order)(lh) (Entered: 06/26/2014) | |||
| 2014-06-26 | 15 | 0 | Declaration/Statement of: in support by Douglas T. Edwards re 14 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (lh) (Entered: 06/26/2014) | |||
| 2014-06-26 | 16 | 0 | MEMORANDUM in Support re 14 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Douglas T. Edwards. (lh) (Entered: 06/27/2014) | |||
| 2014-07-07 | 17 | 0 | THIRD FILING OF AMENDED COMPLAINT AND EMERGENCY NOTICE TO COURT AND ALL PARTIES against Apple Computer, Inc., Harshaw Research, Inc., filed by Douglas T. Edwards.(lh) (Entered: 07/07/2014) | |||
| 2014-07-07 | 18 | 0 | VERIFIED AMENDED COMPLAINT against Apple Computer, Inc., Harshaw Research, Inc., Isaac Wiley, filed by Douglas T. Edwards. (Attachments: # 1 Exhibit)(lh) (Entered: 07/07/2014) | |||
| 2014-07-07 | 19 | 0 | EMERGENCY NOTICE by Douglas T. Edwards (lh) (Entered: 07/08/2014) | |||
| 2014-07-08 | 20 | 0 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Leave to File an Amended Complaint 7 . Defendant Apple Inc. filed a Response requesting that the Court order the Plaintiff to supplement his Motion to Amend and file his proposed Amended Complaint so that Apple can appropriately indicate its agreement with, or oppose, the Motion to Amend, or, alternatively, direct the Plaintiff to file a proposed Amended Complaint 11 . Plaintiff subsequently filed a "Third Filing of Amended Complaint and Emergency Notice to Court and All Parties 17 as well as a Verified Amended Complaint 18 . Federal Rule 15 gives Plaintiffs the ability to file an amended complaint "as a matter of course" within 21 days of service of Apple's Motion to Dismiss. See Fed. R. Civ. P. 15(a)(1)(B). Accordingly, Plaintiff's Motion for Leave to File an Amended Complaint 7 is GRANTED. Docket entry 18 is now the operative Complaint in this matter. Defendant's Motion to Dismiss 6 is DENIED AS MOOT. Signed by Judge K. Michael Moore (jme) (Entered: 07/08/2014) | |||
| 2014-07-11 | 21 | 0 | RESPONSE to Motion re 6 MOTION TO DISMISS 1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM and Alternative Motion for More Definite Statement filed by Douglas T. Edwards. (lh) (Entered: 07/11/2014) | |||
| 2014-07-11 | 22 | 0 | EMERGENCY NOTICE by Douglas T. Edwards re 17 Amended Complaint (lh) (Entered: 07/14/2014) | |||
| 2014-07-14 | 23 | 0 | Unopposed MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Apple Computer, Inc.. (Attachments: # 1 Text of Proposed Order)(Prusaski, Christopher) (Entered: 07/14/2014) | |||
| 2014-07-14 | 24 | 0 | MOTION to Appoint Counsel by Douglas T. Edwards. (lh) (Entered: 07/15/2014) | |||
| 2014-07-14 | 25 | 0 | DECLARATION in Support re 24 MOTION to Appoint Counsel filed by Douglas T. Edwards. (lh) (Entered: 07/15/2014) | |||
| 2014-07-14 | 26 | 0 | MOTION for Hearing re 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 24 MOTION to Appoint Counsel by Douglas T. Edwards. (lh) (Entered: 07/15/2014) | |||
| 2014-07-14 | 27 | 0 | AFFIDAVIT of Financial Status signed by : Douglas T. Edwards. by Douglas T. Edwards (lh) (Entered: 07/15/2014) | |||
| 2014-07-15 | 28 | 0 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Extension of Time to File Response to Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction 23 . UPON CONSIDERATION of the Unopposed Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant's Unopposed Motion for Extension of Time to File Response 23 is GRANTED. Defendant shall respond to Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction on or before July 28, 2014. This extension of time shall not impact any other deadlines set by this Court. Signed by Chief Judge K. Michael Moore (jme) (Entered: 07/15/2014) | |||
| 2014-07-16 | 29 | 0 | SCHEDULING REPORT - Rule 16.1 by Douglas T. Edwards (lh) (Entered: 07/16/2014) | |||
| 2014-07-17 | 30 | 0 | Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 18 Amended Complaint by Apple Computer, Inc.. (Attachments: # 1 Text of Proposed Order)(Prusaski, Christopher) (Entered: 07/17/2014) | |||
| 2014-07-18 | 31 | 0 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Apple's Unopposed Motion for a One-Week Extension of Time to File Its Response to the Amended Complaint 30 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Apple's Unopposed Motion is DENIED. Signed by Chief Judge K. Michael Moore (jme) (Entered: 07/18/2014) | |||
| 2014-07-18 | 32 | 0 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Emergency Motions for Temporary Restraining Order and Preliminary Injunction 13 14 . Docket entry 14 is duplicative of docket entry 13. The Clerk of Court is therefore ordered to TERMINATE docket entry 14. Signed by Chief Judge K. Michael Moore (jme) (Entered: 07/18/2014) | |||
| 2014-07-18 | 33 | 0 | PAPERLESS ORDER REFERRING MOTION. PURSUANT to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction 13 , Motion to Appoint Counsel 24 , and Motion to Set Hearing on Plaintiff's Motion for Injunction and Motion for Appointment of Counsel 26 is referred to Magistrate Judge Chris M. McAliley to issue a Report and Recommendation. Signed by Chief Judge K. Michael Moore (jme) (Entered: 07/18/2014) | |||
| 2014-07-21 | 34 | 0 | MOTION TO DISMISS 18 Amended Complaint FOR FAILURE TO STATE A CLAIM by Apple Computer, Inc.. Responses due by 8/7/2014 (Attachments: # 1 Exhibit 1)(Prusaski, Christopher) (Entered: 07/21/2014) | |||
| 2014-07-22 | 35 | 0 | Plaintiff's Initial Offer of Statement by Douglas T. Edwards (lh) (Entered: 07/22/2014) | |||
| 2014-07-23 | 36 | 0 | NOTICE/VOLUNTARY DISMISSAL by Douglas T. Edwards re 29 SCHEDULING REPORT - Rule 26(f)/16.1 (lh) (Entered: 07/23/2014) | 2014-08-18 22:03:56 | bcfc62121f1ea2fdcf9f37fc3ee307409000f69b | |
| 2014-07-28 | 37 | 0 | RESPONSE in Opposition re 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Apple Computer, Inc.. (Attachments: # 1 Exhibit A)(Prusaski, Christopher) (Entered: 07/28/2014) | |||
| 2014-07-29 | 38 | 0 | MOTION to Withdraw 29 SCHEDULING REPORT - Rule 26(f)/16.1 by Douglas T. Edwards. Responses due by 8/15/2014 (tp) (Entered: 07/29/2014) | |||
| 2014-07-29 | 39 | 0 | NOTICE to Court and All Parties to Action by Douglas T. Edwards (tp) (Entered: 07/29/2014) | |||
| 2014-07-29 | 40 | 0 | MOTION for Order Appointing U.S. Marshall to Serve Summons and Complaint Upon Additional/Added Defendants by Douglas T. Edwards. (tp) (Entered: 07/29/2014) | |||
| 2014-07-29 | 41 | 0 | JOINT SCHEDULING REPORT - Rule 26(f) by Douglas T. Edwards (Attachments: # 1 Text of Proposed Order)(tp) (Entered: 07/29/2014) |