3:11-cv-02408 - NexPay Inc et al. v. Vincent Valentine et al.

3:11-cv-02408 - NexPay Inc et al. v. Vincent Valentine et al.Report Error

Detail

Case Number

3:11-cv-02408

Current Status

closed

Cause of Action

Other

Related Case(s)

3:12-cv-01687

3:12-cv-04397

Court

Texas Northern District Court

Plaintiff(s)

NexPay Inc

StoneEagle Services Inc

Vpay Inc

Defendant(s)

Vincent Valentine

Jim Valentine

David Gillman

Talon Transaction Technologies Inc

Judge

Jorge A Solis

Filing Date

2011-09-16

Termination Date

2014-08-29

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Dockets

Text

Supplemental MOTION to Withdraw as Attorney Certificate of Conference to Motion to Withdrawal of Tabitha Goodwin filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Hamada, Sean) (Entered: 03/14/2013)
Complaint for declaratory judgment.
ELECTRONIC Order Referring Motion. re: 465 MOTION to Compel Responsive Documents to NexPay, Inc.`s Second Request for Production, 461 MOTION for Protective Order with Brief in Support Motion(s) referred to Magistrate Judge David L Horan. (Ordered by Judge Jorge A Solis on 3/21/2014) (chmb) (Entered: 03/21/2014)
STATUS REPORT Letter filed by Stoneeagle Services Inc. (Whitley, Beverly) (Entered: 09/16/2011)
UPDATED CIVIL DOCKET
ELECTRONIC ORDER: The response and reply deadlines set in the Court's March 20, 2014 Electronic Order 464 and the Court's March 21, 2014 Electronic Order 469 are VACATED. The parties are not required to file a response to or reply in support of NexPay, Inc.'s Opposed Motion for Protective Order 461 or NexPay, Inc.'s Motion to Compel Discovery Responses from Plaintiff StoneEagle Services, Inc. 465 or a reply in support of Defendants' Motion to Compel Discovery Responses from Plaintiff StoneEagle Services, Inc. 451 unless ordered to do so by a further order of the Court. (Ordered by Magistrate Judge David L. Horan on 3/27/2014.) (Entered: 03/27/2014)
MOTION Opposed to Clarify, Or Alternatively Modify, the Injunction Order dated February 13, 2013 filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Attachments: # 1 Proposed Order) (Hamada, Sean) (Entered: 05/06/2013)
MOTION for Protective Order filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Proposed Order Granting Defendants Opposed Motion for Protective Order) (Bennett, Joshua) (Entered: 05/14/2013)
Appendix in Support filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re 283 MOTION for Protective Order (Attachments: # 1 Exhibit(s) 1 - ECHO Health, Inc.s Resp. to Pl.s Subpoena Duces Tecum, # 2 Exhibit(s) 2 - Declaration of David Gillman, # 3 Exhibit(s) 3 - Joint Stipulation, # 4 Exhibit(s) 4 - Privilege Log, # 5 Exhibit(s) 5 - StoneEagle Email re Defs Assertion of Privilege, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8) (Bennett, Joshua) (Entered: 05/14/2013)
Amended MOTION for Protective Order filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Granting Defendants Opposed Amended Motion for Protective Order) (Bennett, Joshua) (Entered: 05/15/2013)
Emergency MOTION Temporary Protective Order and for Protective Order to Prevent Echo Health, Inc.s Production of Attorney Work Product filed by Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Declaration of Shawn E. Tuma) (McMahon, Danise) (Entered: 05/16/2013)
ORDER: GRANTING IN PART AND DENYING IN PART 286 Opposed Emergency Motion for Temporary Protective Order. Accordingly, any response to Defendants Amended Opposed Motion for Protective Order to Prevent Production of Defendants Work Product (Dkt. No. 285 ) and to Mr. Tumas Opposed Emergency Motion for Protective Order to Prevent Echo Health, Inc.s Production of Attorney Work Product (Dkt. No. 286]) shall be filed by 5/24/2013. Any response should address both motions (Dkt. Nos. 285 & 286 ) in a single filing. Defendants may file a reply in support of their motion (Dkt. No. 285 ) by 5/30/2013, and Mr. Tuma likewise may file a reply in support of his motion (Dkt. No. 286 ) by 5/30/2013. The Clerk is further directed to terminate Defendants Opposed Motion for Protective Order to Prevent Production of Defendants Work Product (Dkt. No. 283 ) because it has been superseded by Defendants filing of their Amended Opposed Motion for Protective Order to Prevent Production of Defendants Work Product (Dkt. No. 285 . (Ordered by Magistrate Judge David L Horan on 5/17/2013) (tla) (Entered: 05/17/2013)
RESPONSE filed by Stoneeagle Services Inc re: 282 MOTION Opposed to Clarify, Or Alternatively Modify, the Injunction Order dated February 13, 2013 (Attachments: # 1 Exhibit(s) Appendix to Plaintiffs Response to Motion to Clarify, etc) (Whitley, Beverly) (Entered: 05/22/2013)
RESPONSE filed by Stoneeagle Services Inc re: 286 Emergency MOTION Temporary Protective Order and for Protective Order to Prevent Echo Health, Inc.s Production of Attorney Work Product, 285 Amended MOTION for Protective Order (Attachments: # 1 Appendix) (Whitley, Beverly) (Entered: 05/24/2013)
REPLY filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 282 MOTION Opposed to Clarify, Or Alternatively Modify, the Injunction Order dated February 13, 2013 (Bennett, Joshua) (Entered: 05/24/2013)
REPLY filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 283 MOTION for Protective Order (Bennett, Joshua) (Entered: 05/29/2013)
REPLY filed by David Gillman re: 286 Emergency MOTION Temporary Protective Order and for Protective Order to Prevent Echo Health, Inc.s Production of Attorney Work Product (McMahon, Danise) (Entered: 05/30/2013)
ORDER: After reviewing all relevant matters of record in this case, including the findings, conclusions, and orders of the United States Magistrate Judge and any objections thereto, the Court denies plaintiffs objections. (Ordered by Judge Jorge A Solis on 5/31/2013) (chmb) (Entered: 06/04/2013)
MOTION to Compel Plaintiff Responses to Second Discovery Requests filed by Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Hamada, Sean) (Entered: 06/06/2013)
Appendix in Support filed by Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re 295 MOTION to Compel Plaintiff Responses to Second Discovery Requests (Attachments: # 1 Exhibit(s) 1-4) (Hamada, Sean) (Entered: 06/06/2013)
Unopposed MOTION for Leave to File Amended Complaint filed by Stoneeagle Services Inc (Attachments: # 1 Exhibit(s), # 2 Proposed Order) (Whitley, Beverly) (Entered: 06/07/2013)
ORDER re: 295 MOTION to Compel Plaintiff Responses to Second Discovery Requests. Plaintiff shall file a written response to this motion by 6/17/2013; Defendants may file a reply in support of their motion by 6/24/2013. (Ordered by Magistrate Judge David L Horan on 6/7/2013) (cea) (Entered: 06/07/2013)
ORDER granting 285 Motion for Protective Order; granting in part and denying in part 286 Emergency Motion for Temporary Protective Order. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 6/10/2013) (mcrd) (Entered: 06/10/2013)
AMENDED COMPLAINT WITH JURY DEMAND against David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) filed by Stoneeagle Services Inc. Additional patent/trademark or copyright numbers are added and the clerk should prepare the appropriate report to the Patent/Trademark or Copyright Office to include registrations: RE43904E. (Attachments: # 1 Exhibit(s)) (Whitley, Beverly) (Entered: 06/11/2013)
MOTION for Protective Order filed by Stoneeagle Services Inc (Whitley, Beverly) (Entered: 06/13/2013)
(Document Restricted) Sealed Appendix in Support re: 303 Motion for Protective Order (Sealed pursuant to order dated 3/5/2012) filed by Stoneeagle Services Inc (Whitley, Beverly) (Entered: 06/13/2013)
NOTICE of Joint Claim Construction and Prehearing Statement filed by David Gillman, NexPay Inc, StoneEagle Services Inc, Stoneeagle Services Inc, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) (Arnett, J) (Entered: 06/14/2013)
MOTION to Consolidate Cases filed by Stoneeagle Services Inc (Attachments: # 1 Proposed Order) (Whitley, Beverly) (Entered: 06/17/2013)
RESPONSE filed by Stoneeagle Services Inc re: 295 MOTION to Compel Plaintiff Responses to Second Discovery Requests (Attachments: # 1 Exhibit(s) Appendix, # 2 Additional Page(s) Appendix - Exhibit 1, # 3 Additional Page(s) Appendix - Exhibit 2 -1, # 4 Additional Page(s) Appendix - Exhibit 2 - 2, # 5 Additional Page(s) Appendix - Exhibit 2 - 3, # 6 Additional Page(s) Appendix - Exhibit 3, # 7 Additional Page(s) Appendix - Exhibit 4 - 1, # 8 Additional Page(s) Appendix - Exhibit 4 - 2, # 9 Additional Page(s) Appendix - Exhibit 5 - 1, # 10 Additional Page(s) Appendix - Exhibit 5 - 2, # 11 Additional Page(s) Appendix - Exhibit 5 - 3) (Whitley, Beverly) (Entered: 06/17/2013)
RESPONSE filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 303 MOTION for Protective Order (Attachments: # 1 Proposed Order) (Hamada, Sean) (Entered: 06/21/2013)
REPLY filed by Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 295 MOTION to Compel Plaintiff Responses to Second Discovery Requests (Bennett, Joshua) (Entered: 06/21/2013)
Order Referring Motion re: 247 (Document Restricted) Sealed Request for Clarification and Motion for Reconsideration of the Courts Denial in Part of Its Motion for a Protective Order (Sealed pursuant to order dated 3/5/2012) Motion referred to Magistrate Judge Renee Harris Toliver. (Ordered by Judge Jorge A Solis on 6/20/2013) (chmb) (Entered: 06/24/2013)
Order Referring re: 303 Motion for Protective Order. Motion referred to Magistrate Judge David L Horan. (Ordered by Judge Jorge A Solis on 6/24/2013) (chmb) (Entered: 06/24/2013)
AFFIDAVIT of Service for Proof of Service Notice of Subpoena Duces Tecum served on Herring Bancorp, Inc. on June 20, 2013. (Hamada, Sean) (Entered: 06/27/2013)
ANSWER to 302 Amended Complaint, with Jury Demand filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation). Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. (Bennett, Joshua) (Entered: 06/28/2013)
(Document Restricted) Sealed ORDER granting in part and denying in part sealed 247 motion (See order for specifics). (Ordered by Magistrate Judge Renee Harris Toliver on 7/1/2013) (mcrd) (Entered: 07/01/2013)
AFFIDAVIT of Service for Subpoena Duces Tecum served on Group & Pension Administrators, Inc. on June 22, 2013. (Trowbridge, Christopher) (Entered: 07/02/2013)
MOTION to Quash Customer Subpoenas, MOTION for Protective Order () filed by NexPay Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Granting Motion to Quash Customer Subpoenas and Motion for Protective Order) (Bennett, Joshua) (Entered: 07/02/2013)
Appendix in Support filed by NexPay Inc re 316 MOTION to Quash Customer Subpoenas MOTION for Protective Order (Attachments: # 1 Exhibit(s) 1 - Declaration of JW Dewbre, # 2 Exhibit(s) 1-A - StoneEagle Subpoena to GPA, # 3 Exhibit(s) 1-B - StoneEagle Letters to GPA, # 4 Exhibit(s) 2 - StoneEagle Subpoena to BAS) (Bennett, Joshua) (Entered: 07/02/2013)
REPLY filed by Stoneeagle Services Inc re: 303 MOTION for Protective Order (Whitley, Beverly) (Entered: 07/05/2013)
New Case Notes: A filing fee has been paid. Magistrate Judge Toliver preliminarily assigned. File to Judge Solis. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (ndt) (Entered: 09/16/2011)
Joint MOTION to Amend/Correct Scheduling Order filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Attachments: # 1 Proposed Order Amended Scheduling Order) (Hamada, Sean) (Entered: 07/05/2013)
ORDER OF REFERENCE Referring 316 MOTION to Quash Customer Subpoenas to Magistrate Judge David L Horan. (Ordered by Judge Jorge A Solis on 7/8/2013) (skt) (Entered: 07/08/2013)
ORDER: Responses due by 7/16/2013 re: 316 MOTION to Quash Customer Subpoenas MOTION for Protective Order . Replies due by 7/23/2013. (Ordered by Magistrate Judge David L Horan on 7/8/2013) (mcrd) (Entered: 07/08/2013)
RESPONSE filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 306 MOTION to Consolidate Cases (Hamada, Sean) (Entered: 07/08/2013)
AFFIDAVIT of Service for Subpoena Duces Tecum served on Benefit Administration Services, Ltd, on July 3, 2013. (Trowbridge, Christopher) (Entered: 07/09/2013)
(Document Restricted) Sealed Response re: 316 Motion to Quash, Motion for Protective Order,, (Sealed pursuant to order dated 3/5/2012) filed by Stoneeagle Services Inc (Attachments: # 1 Exhibit(s) [SEALED] Appendix, # 2 Exhibit(s) [SEALED] Exhibit 1, # 3 Exhibit(s) [SEALED] Exhibit 2 part 1, # 4 Exhibit(s) [SEALED] Exhibit 2 part 2, # 5 Exhibit(s) [SEALED] Exhibit 2 part 3, # 6 Exhibit(s) [SEALED] Exhibit 3, # 7 Exhibit(s) [SEALED] Exhibit 4, # 8 Exhibit(s) [SEALED] Exhibit 5, # 9 Exhibit(s) [SEALED] Exhibit 6, # 10 Exhibit(s) [SEALED] Exhibit 7, # 11 Exhibit(s) [SEALED] Exhibit 8, # 12 Exhibit(s) [SEALED] Exhibit 9) (Whitley, Beverly) (Entered: 07/16/2013)
REPLY filed by Stoneeagle Services Inc re: 306 MOTION to Consolidate Cases (Whitley, Beverly) (Entered: 07/22/2013)
AFFIDAVIT of Service for Subpoena served on Benefit Administration Services, Ltd. on July 17, 2013. (Trowbridge, Christopher) (Entered: 07/22/2013)
REPLY filed by NexPay Inc re: 316 MOTION to Quash Customer Subpoenas MOTION for Protective Order (Attachments: # 1 Appendix in Support) (Bennett, Joshua) (Entered: 07/23/2013)
Order granting 319 Joint Motion to Amend/Correct Scheduling Order filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc, Talon Transaction Technologies Inc. and AMENDED SCHEDULING ORDER: See attached document for specific dates. (Ordered by Judge Jorge A Solis on 7/25/2013) (chmb) (Main Document 328 replaced per Chambers on 7/25/2013) (ctf). (Entered: 07/25/2013)
Third MOTION for Order to Show Cause filed by Stoneeagle Services Inc with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s), # 2 Proposed Order) (Trowbridge, Christopher) (Entered: 08/16/2013)
ORDER granting in part and denying in part 295 Motion to Compel. Plaintiff is required to supplement its interrogatory responses by September 9, 2013. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 8/15/2013) (mcrd) (Entered: 08/19/2013)
ORDER granting 303 Motion for Protective Order. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 8/21/2013) (mcrd) (Entered: 08/21/2013)
ORDER denying 282 Motion to Clarify, or Alternatively Modify the Injunction Order dated February 13, 2013. (Ordered by Judge Jorge A Solis on 8/23/2013) (chmb) (Entered: 08/26/2013)
ORDER granting in part and denying in part 316 Motion to Quash and for Protective Order. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 8/28/2013) (mcrd) (Entered: 08/28/2013)
Emergency MOTION for Extension of Time to File Response/Reply re: 329 Third MOTION for Order to Show Cause filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) with Brief/Memorandum in Support. (Hamada, Sean) (Entered: 09/03/2013)
Appendix in Support filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re 334 Emergency MOTION for Extension of Time to File Response/Reply re: 329 Third MOTION for Order to Show Cause (Attachments: # 1 Exhibit(s) A, B, C) (Hamada, Sean) (Entered: 09/03/2013)
ORDER: Court believes it appropriate to expedite briefing on 334 Emergency Motion to for Extension of Time to Respond to Plaintiffs Third Motion for Order to Show Cause. Responses due by 9/6/2013 and Replies due by 9/9/2013. (Ordered by Judge Jorge A Solis on 9/4/2013) (chmb) (Entered: 09/05/2013)
RESPONSE filed by Stoneeagle Services Inc re: 334 Emergency MOTION for Extension of Time to File Response/Reply re: 329 Third MOTION for Order to Show Cause (Attachments: # 1 Exhibit(s) Appendix to Plaintiffs Response to Defendants Motion) (Whitley, Beverly) (Entered: 09/06/2013)
REPLY filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 334 Emergency MOTION for Extension of Time to File Response/Reply re: 329 Third MOTION for Order to Show Cause (Bennett, Joshua) (Entered: 09/09/2013)
ORDER granting 334 Motion to Extend Time to File Response to Plaintiffs Third Motion for Order to Show Cause Why Defendant Should Not Be Held In Contempt. Responses due by 10/7/2013. (Ordered by Judge Jorge A Solis on 9/11/2013) (chmb) (Entered: 09/11/2013)
Joint MOTION to Amend/Correct 328 Scheduling Order, filed by David Gillman, NexPay Inc, Stoneeagle Services Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Attachments: # 1 Proposed Order Granting Joint Motion to Amend Scheduling Order) (Bennett, Joshua) (Entered: 09/12/2013)
ORDER granting 340 Motion to Amend/Correct: Discovery relating to claim construction due by 10/4/2013. Amended Pleadings due by 10/10/2013. Technical Tutorials to be presented to the Court on 11/12/2013 9:00 AM in US Courthouse, Courtroom 1632, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Jorge A Solis. Claim construction hearing will be set by the Court by subsequent order. (Ordered by Judge Jorge A Solis on 9/17/2013) (chmb) (Entered: 09/18/2013)
Opposed MOTION for Protective Order to Prevent Plaintiff from Publicly Disclosing Confidential Financial Information filed by Talon Transaction Technologies Inc(a Texas Corporation) with Brief/Memorandum in Support. (Bennett, Joshua) (Entered: 09/24/2013)
(Document Restricted) Sealed Appendix in Support re: 342 Motion for Protective Order (Sealed pursuant to order dated 3/5/2013) filed by Talon Transaction Technologies Inc(a Texas Corporation) (Bennett, Joshua) (Entered: 09/24/2013)
MOTION for Protective Order filed by NexPay Inc with Brief/Memorandum in Support. (Bennett, Joshua) (Entered: 09/26/2013)
Appendix in Support filed by NexPay Inc re 344 MOTION for Protective Order (Bennett, Joshua) (Entered: 09/26/2013)
ORDER: Responses due by 10/9/2013 re: 342 Opposed MOTION for Protective Order to Prevent Plaintiff from Publicly Disclosing Confidential Financial Information. Replies due by 10/18/2013. (Ordered by Magistrate Judge David L Horan on 9/30/2013) (mcrd) (Entered: 09/30/2013)
NOTICE of ERRATA re: 329 Third MOTION for Order to Show Cause filed by Stoneeagle Services Inc (Attachments: # 1 Affidavit(s) Corrected Affidavit) (Whitley, Beverly) (Entered: 10/02/2013)
ORDER: Responses due by 10/7/2013 re: 344 MOTION for Protective Order . Replies due by 10/9/2013. (Ordered by Magistrate Judge David L Horan on 10/3/2013) (mcrd) (Entered: 10/03/2013)
ORDER: that the dispute in an ongoing deposition concerning Plaintiffs Third Motion for Order to Show Cause why Defendants Should not be Held in Contempt 329 be referred to the Honorable David L. Horan, United States Magistrate Judge, for hearing, if necessary, and determination. (Ordered by Judge Jorge A Solis on 10/3/2013) (chmb) (Entered: 10/03/2013)
RESPONSE filed by Stoneeagle Services Inc re: 344 MOTION for Protective Order (Whitley, Beverly) (Entered: 10/07/2013)
(Document Restricted) Sealed Appendix in Support re: 355 Defendants Response in Opposition to Plaintiffs Motion for Defendants to Show Cause Why Defendants Should Not Be Held In Contempt Pending Appeal and Brief In Support (Sealed pursuant to order dated 11/7/2012) filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) (Attachments: # 1 Declaration(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Exhibit(s), # 11 Exhibit(s), # 12 Exhibit(s), # 13 Exhibit(s), # 14 Exhibit(s), # 15 Exhibit(s), # 16 Exhibit(s), # 17 Exhibit(s), # 18 Exhibit(s), # 19 Exhibit(s), # 20 Exhibit(s), # 21 Exhibit(s), # 22 Exhibit(s), # 23 Exhibit(s), # 24 Exhibit(s), # 25 Exhibit(s), # 26 Declaration(s), # 27 Exhibit(s), # 28 Exhibit(s), # 29 Exhibit(s)) (Bennett, Joshua) (Entered: 10/07/2013)
(Document Restricted) Sealed Response re: 329 Motion for Order to Show Cause (Sealed pursuant to order dated 3/5/2013) filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Bennett, Joshua) (Entered: 10/08/2013)
REPLY filed by NexPay Inc re: 344 MOTION for Protective Order (Bennett, Joshua) (Entered: 10/09/2013)
RESPONSE filed by Stoneeagle Services Inc re: 342 Opposed MOTION for Protective Order to Prevent Plaintiff from Publicly Disclosing Confidential Financial Information (Trowbridge, Christopher) (Entered: 10/09/2013)
ORDER denying without prejudice 344 Motion for Protective Order. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 10/10/2013) (mcrd) (Entered: 10/10/2013)
MOTION for Leave to File First Amended Answer to Plaintiffs Second Amended Complaint and Third Amended Counterclaim filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) with Brief/Memorandum in Support. (Bennett, Joshua) (Entered: 10/10/2013)
ORDER: Replies due by 12/12/2011. Responses due by 12/8/2011 re: 21 APPLICATION for Temporary Restraining Order, Temporary Injunction and Permanent Injunction. (Ordered by Judge Jorge A Solis on 11/22/2011) (skt) (Entered: 11/23/2011)
Appendix in Support filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) re 359 MOTION for Leave to File First Amended Answer to Plaintiffs Second Amended Complaint and Third Amended Counterclaim (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3) (Bennett, Joshua) (Entered: 10/10/2013)
REPLY filed by Talon Transaction Technologies Inc(a Texas Corporation) re: 342 Opposed MOTION for Protective Order to Prevent Plaintiff from Publicly Disclosing Confidential Financial Information (Bennett, Joshua) (Entered: 10/16/2013)
(Document Restricted) Emergency Sealed Motion to De-Designate Discovery and Motion to Extend Time to File Reply and Brief (Sealed pursuant to order dated 3/5/2012) filed by Stoneeagle Services Inc (Attachments: # 1 Appendix Index, # 2 Exhibit(s) App. 1-43, # 3 Exhibit(s) App. 44-90, # 4 Exhibit(s) App. 91-137, # 5 Exhibit(s) app. 138-184, # 6 Exhibit(s) App. 185-231, # 7 Exhibit(s) App. 232-278, # 8 Exhibit(s) App. 279-325, # 9 Exhibit(s) App. 326-372, # 10 Exhibit(s) App. 373-377) (Whitley, Beverly). (Entered: 10/18/2013)
Plaintiff StoneEagle Services, Inc.s Opening Claim Construction Brief filed by Stoneeagle Services Inc (Whitley, Beverly) (Entered: 10/18/2013)
Appendix in Support filed by Stoneeagle Services Inc re 363 Brief/Memorandum in Support of Motion (Attachments: # 1 Additional Page(s) Attachment 1, # 2 Additional Page(s) Attachment 2, # 3 Additional Page(s) Attachment 3, # 4 Additional Page(s) Attachment 4) (Whitley, Beverly) (Entered: 10/18/2013)
Defendants Claim Construction Brief filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Hamada, Sean) (Entered: 10/18/2013)
Appendix in Support filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re 365 Brief/Memorandum in Support of Motion (Attachments: # 1 Exhibit(s) App 1.1 - App. 4.16, # 2 Exhibit(s) App. 4.17 - App. 4.21, # 3 Exhibit(s) App. 4.22 - App. 4.26, # 4 Exhibit(s) App. 4.27 - App. 6.8) (Hamada, Sean) (Entered: 10/18/2013)
AFFIDAVIT of Service for Subpoena with Notice of Intention to Take Oral Deposition of Designated Representative (Waiver of Service) served on Group & Pension Administrators, Inc. on 10/18/2013. (Whitley, Beverly) (Entered: 10/22/2013)
MOTION to Compel filed by Stoneeagle Services Inc (Trowbridge, Christopher) (Entered: 10/25/2013)
(Document Restricted) Sealed Appendix in Support re: 368 Motion to Compel (Sealed pursuant to order dated 3/5/2012) filed by Stoneeagle Services Inc (Attachments: # 1 Exhibit(s) App. 001-107, # 2 Exhibit(s) App. 108-136, # 3 Exhibit(s) App. 137-220, # 4 Exhibit(s) App. 221-263) (Trowbridge, Christopher) (Entered: 10/25/2013)
MOTION for Extension of Time to File Response/Reply to 363 Plaintiff StoneEagle Services, Inc.s Opening Claim Construction Brief filed by Stoneeagle Services Inc (Whitley, Beverly), 365 Defendants Claim Construction Brief filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Hamada, Sean) filed by David Gillman, NexPay Inc, StoneEagle Services Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Whitley, Beverly) (Entered: 10/29/2013)
RESPONSE filed by StoneEagle Services Inc re: 365 Brief/Memorandum in Support of Motion (Attachments: # 1 Exhibit(s) Appendix, # 2 Exhibit(s) Exhibits to Appendix) (Whitley, Beverly) (Entered: 10/30/2013)
RESPONSE filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 363 Brief/Memorandum in Support of Motion (Hamada, Sean) (Entered: 10/30/2013)
(Document Restricted) Sealed Appendix in Support re: 372 Response/Objection (Sealed pursuant to order dated 3/5/2013) filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Hamada, Sean) (Entered: 10/30/2013)
MOTION for Referral to Mediation and Brief filed by StoneEagle Services Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Order Granting Plaintiffs Motion for Referral to Mediation) (Trowbridge, Christopher) (Entered: 10/31/2013)
ORDER REOUIRING ATTORNEY CONFERENCE AND PROPOSAL FOR CONTENTS OF SCHEDULING AND DISCOVERY ORDER: Proposed Scheduling Order due by 1/6/2012. (Ordered by Judge Jorge A Solis on 12/2/2011) (twd) (Entered: 12/02/2011)
RESPONSE filed by StoneEagle Services Inc re: 359 MOTION for Leave to File First Amended Answer to Plaintiffs Second Amended Complaint and Third Amended Counterclaim (Whitley, Beverly) (Entered: 10/31/2013)
ORDER: The parties shall submit a joint status report or an agreed order by 11/15/2013 re: 368 MOTION to Compel . (See order for specifics) (Ordered by Magistrate Judge David L Horan on 11/5/2013) (mcrd) (Entered: 11/05/2013)
NOTICE of Filing of Joint Claim Construction Chart re: 341 Order on Motion to Amend/Correct, filed by David Gillman, NexPay Inc, StoneEagle Services Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Attachments: # 1 Exhibit(s) Joint Claim Construction Chart) (Whitley, Beverly) (Entered: 11/07/2013)
MOTION for Protective Order filed by StoneEagle Services Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Order on Motion for Protective Order) (Trowbridge, Christopher) (Entered: 11/08/2013)
(Document Restricted) Sealed Appendix in Support re: 380 Motion for Protective Order (Sealed pursuant to order dated 3/5/2102) filed by StoneEagle Services Inc (Trowbridge, Christopher) (Entered: 11/08/2013)
RESPONSE filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 362 Sealed and/or Ex Parte Document and Opposed MOTION for Protective Order (Bennett, Joshua) Docket text modified on 1/8/2014 (twd). (Entered: 11/08/2013)
NOTICE of Withdrawal re: 20 MOTION for Order to Show Cause Why Defendants Should Not Be Held in Contempt re 16 Order on Motion for Discovery, Order on Motion for TRO MOTION for Order to Show Cause Why Defendants Should Not Be Held in Contempt re 16 Order on Motion for Discovery, Order on Motion for TRO filed by Stoneeagle Services Inc (Whitley, Beverly) (Entered: 12/02/2011)
Appendix in Support filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re 382 Response/Objection (Bennett, Joshua) (Entered: 11/08/2013)
NOTICE of Attorney Appearance by Brooks W Taylor on behalf of All Defendants. (Filer confirms contact info in ECF is current.) (Taylor, Brooks) (Entered: 11/11/2013)
COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND DECLARATORY JUDGMENT WITH JURY DEMAND against David Gillman, Talon Transaction Technologies Inc (a Texas Corporation), Talon Transaction Technologies Inc (an Oklahoma Corporation) filed by Stoneeagle Services Inc. (Filing fee $350.00; Receipt number 52730) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (ndt) (Entered: 09/16/2011)
*DISREGARD - FILED IN INCORRECT CASE* Order for Scheduling Order Proposal: Proposed Scheduling Order due by 12/13/2013. (Ordered by Judge Jorge A Solis on 11/13/2013) (chmb) Modified on 11/13/2013 (cea). (Entered: 11/13/2013)
Memorandum Opinion and Order granting 342 Motion for Protective Order filed by Talon Transaction Technologies Inc. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 11/13/2013) (mcrd) (Entered: 11/13/2013)
ORDER: Responses due by 11/25/2013 re: 380 MOTION for Protective Order . Replies due by 12/6/2013. (Ordered by Magistrate Judge David L Horan on 11/13/2013) (mcrd) (Entered: 11/13/2013)
Unopposed MOTION to Extend Time to File Joint Status Report filed by NexPay Inc (Bennett, Joshua) (Entered: 11/14/2013)
REPLY filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 359 MOTION for Leave to File First Amended Answer to Plaintiffs Second Amended Complaint and Third Amended Counterclaim (Bennett, Joshua) (Entered: 11/14/2013)
RESPONSE filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 374 MOTION for Referral to Mediation and Brief (Bennett, Joshua) (Entered: 11/15/2013)
ORDER granting 374 Motion for Referral to Mediation. (Ordered by Judge Jorge A Solis on 11/19/2013) (chmb) (Entered: 11/19/2013)
Joint MOTION to Extend Time to File Joint Status Report filed by David Gillman, NexPay Inc, StoneEagle Services Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Bennett, Joshua) (Entered: 11/22/2013)
REPLY filed by StoneEagle Services Inc re: 362 Sealed Motion to De-Designate Discovery (Whitley, Beverly) (Entered: 11/22/2013)
Unopposed MOTION Disregard Docket #21 re 21 Answer to Complaint, Counterclaim,,,,,,,,,, filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Attachments: # 1 Exhibit(s) Agreement to maintain deadlines) (Pegues, Michael) (Entered: 12/07/2011)
RESPONSE filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 380 MOTION for Protective Order (Hamada, Sean) (Entered: 11/25/2013)
Appendix in Support filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re 399 Response/Objection (Attachments: # 1 Exhibit(s)) (Hamada, Sean) (Entered: 11/25/2013)
Joint STATUS REPORT on Plaintiffs Motion to Compel [Docket No. 368] filed by NexPay Inc, StoneEagle Services Inc. (Trowbridge, Christopher) (Entered: 11/27/2013)
(Document Restricted) Sealed Appendix in Support re: 401 Status Report (Sealed pursuant to order dated 3/5/2012) filed by NexPay Inc, StoneEagle Services Inc (Attachments: # 1 Exhibit(s) App. 001 - App. 107, # 2 Exhibit(s) App. 108 - App. 136, # 3 Exhibit(s) App. 137 - App. 189, # 4 Exhibit(s) App. 190 - App. 301) (Trowbridge, Christopher) (Entered: 11/27/2013)
REPLY filed by StoneEagle Services Inc re: 380 MOTION for Protective Order (Trowbridge, Christopher) (Entered: 12/09/2013)
(Document Restricted) Sealed Appendix in Support re: 403 Reply (Sealed pursuant to order dated 3/5/2012) filed by StoneEagle Services Inc (Trowbridge, Christopher) (Entered: 12/09/2013)
(Document Restricted) Sealed MEMORANDUM OPINION AND ORDER: Defendants 382 Motion for Protective Order is GRANTED, and Plaintiffs 362 Motion to De-Designate Discovery is DENIED but only as to the portion of Plaintiffs motion related to de-designating discovery. Judge Soliss prior Electronic Order granting the motion to extend time to file a reply [Dkt. No. 385 ] remains unchanged. (Ordered by Magistrate Judge David L Horan on 12/12/2013) (twd) Docket text modified on 1/8/2014 (twd). (Entered: 12/12/2013)
Unopposed MOTION for Extension of Time to File Reply in Support of Third Motion for Order to Show Cause filed by StoneEagle Services Inc (Attachments: # 1 Proposed Order) (Whitley, Beverly) (Entered: 12/18/2013)
Alternative Dispute Resolution Summary filed by Comdata Network, Inc., David Gillman, NexPay Inc, StoneEagle Services Inc, StoneEagle Services Inc, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation). Outcome of ADR: Parties were unable to reach a settlement. (Kendall, Joe) (Entered: 12/18/2013)
MOTION for Protective Order filed by StoneEagle Services Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Order on Motion for Protective Order) (Whitley, Beverly) (Entered: 12/18/2013)
Amended ANSWER to 2 Complaint,, filed by Talon Transaction Technologies Inc(a Texas Corporation), David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation). Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. Additional patent/trademark or copyright numbers are added and the clerk should prepare the appropriate report to the Patent/Trademark or Copyright Office to include registrations: TXu001737894, 2009-06-25, TXu000680105, 1995-03-07., COUNTERCLAIM , Application for Temporary Restraining Order, Temporary Injunction and Permanent Injunction against Stoneeagle Services Inc filed by Talon Transaction Technologies Inc(a Texas Corporation), David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation) (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit A1, # 3 Exhibit(s) Exhibit A2, # 4 Exhibit(s) Exhibit A3, # 5 Exhibit(s) Exhibit A4, # 6 Exhibit(s) Exhibit A5, # 7 Exhibit(s) Exhibit B, # 8 Exhibit(s) Exhibit B1, # 9 Exhibit(s) Exhibit C, # 10 Exhibit(s) Exhibit D) (Pegues, Michael) (Entered: 12/07/2011)
(Document Restricted) Sealed Appendix in Support re: 410 Motion for Protective Order (Sealed pursuant to order dated 3/5/2012) filed by StoneEagle Services Inc (Attachments: # 1 Exhibit(s) APP. 001 - APP. 036) (Whitley, Beverly) (Entered: 12/18/2013)
ORDER: Defendants shall file a written response to Plaintiffs Motion for Protective Order, Dkt. No. 410 by 1/7/2014. Plaintiff may file a reply in support of its Motion for Protective Order by 1/17/2014. (Ordered by Magistrate Judge David L Horan on 12/19/2013) (cea) (Entered: 12/20/2013)
MOTION to Effect Service of a Subpoena Duces Tecum filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Attachments: # 1 Index to Defs Appendix in Support of Mot. to Effect Service of Subpoena, # 2 Exhibit(s) 1- Hinojosa Declaration, # 3 Exhibit(s) 2 - Subpoena Duces Tecum for Jay O. Gillette) (Bennett, Joshua) (Entered: 12/20/2013)
ORDER granting in part and denying in part 368 Motion to Compel. Responses due by 1/21/2014 (Ordered by Magistrate Judge David L Horan on 12/23/2013) (ndt) (Entered: 12/23/2013)
ORDER denying 414 Motion to Effect Service of a Subpoena. The Court orders the private process server, Rudy F. Hinojosa, be granted access to the community so that he may serve a subpoena in the case upon Jay Oswald Gillette or John Oswald Gillette. (Ordered by Judge Jorge A Solis on 12/29/2013) (chmb) (Entered: 12/30/2013)
(Document Restricted) Sealed Reply re: 329 Motion for Order to Show Cause (Sealed pursuant to order dated 3/5/2012) filed by StoneEagle Services Inc (Whitley, Beverly) (Entered: 01/03/2014)
(Document Restricted) Sealed Appendix in Support re: 329 Motion for Order to Show Cause (Sealed pursuant to order dated 3/5/2012) filed by StoneEagle Services Inc (Whitley, Beverly) (Entered: 01/03/2014)
Plaintiffs Motion for Leave to File Sealed Supplement to 329 Third Motion for Order to Show Cause Why Defendants Should Not be Held in Contempt and Brief (Whitley, Beverly) Modified on 1/6/2014 (svc). (Entered: 01/03/2014)
(Document Restricted) Sealed Appendix in Support re: 420 Plaintiffs Motion for Leave to File Sealed Supplement (Sealed pursuant to order dated 3/5/2012) filed by StoneEagle Services Inc (Attachments: # 1 Exhibit(s) Sealed Supplement, # 2 Exhibit(s) Sealed Appendix, # 3 Exhibit(s) Exhibit A - Part 1 to Exhibit B, # 4 Exhibit(s) Exhibit A - Part 2 to Exhibit B, # 5 Exhibit(s) Exhibits B - H to Exhibit B, # 6 Exhibit(s) Exhibits I - M to Exhibit B, # 7 Exhibit(s) Exhibit N - Part 1 to Exhibit B, # 8 Exhibit(s) Exhibit N - Part 2 to Exhibit B, # 9 Proposed Order) (Whitley, Beverly) Modified on 1/6/2014 (svc). (Entered: 01/03/2014)
(Document Restricted) Motion to Quash Subpoena Duces Tecum of Insurcard, Inc. (Sealed pursuant to order dated 3/5/2012) filed by StoneEagle Services Inc (Attachments: # 1 Proposed Order) (Trowbridge, Christopher) (Entered: 01/06/2014)
(Document Restricted) Sealed Appendix in Support re: 422 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 3/5/2012) filed by StoneEagle Services Inc (Attachments: # 1 Exhibit(s) APP. 01 - APP. 67) (Trowbridge, Christopher) (Entered: 01/06/2014)
(Document Restricted) Sealed Response re: 410 Motion for Protective Order (Sealed pursuant to order dated 3/5/2012) filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Bennett, Joshua) (Entered: 01/07/2014)
MOTION for Extension of Time to Comply with Courts Order re 415 Order on Motion to Compel filed by NexPay Inc (Attachments: # 1 Exhibit(s) 1 - Subpoena) (Bennett, Joshua) (Entered: 01/16/2014)
REPLY filed by StoneEagle Services Inc re: 410 MOTION for Protective Order (Whitley, Beverly) (Entered: 01/17/2014)
(Document Restricted) Sealed Response re: 422 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 3/5/2012) filed by Talon Transaction Technologies Inc(a Texas Corporation) (Bennett, Joshua) (Entered: 01/21/2014)
(Document Restricted) Sealed Appendix in Support re: 431 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 3/5/2012) filed by Talon Transaction Technologies Inc(a Texas Corporation) (Attachments: # 1 Exhibit(s)) (Bennett, Joshua) (Entered: 01/21/2014)
AFFIDAVIT of Service for Subpoena to Testify at a Deposition served on Jay Oswald Gillette on 01/17/2014. (Hamada, Sean) (Entered: 01/21/2014)
RESPONSE filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 420 MOTION for Leave to File (Bennett, Joshua) (Entered: 01/24/2014)
ORDER granting 420 Plaintiffs Motion for Leave to File Sealed Supplement to Third MOTION for Order to Show Cause 329 . Plaintiff must file its supplement within 7 days of this order; Defendant must file any response to Plaintiffs supplement within 21 days of this order. (Ordered by Judge Jorge A Solis on 1/28/2014) (chmb) (Entered: 01/28/2014)
(Document Restricted) Plaintiffs Sealed Supplement to Third Motion for Order to Show Cause Why Defendants Should Not Be Held in Contempt (Sealed pursuant to order dated 3/5/2012) filed by StoneEagle Services Inc (Whitley, Beverly) (Entered: 01/28/2014)
(Document Restricted) Sealed Appendix in Support re: 436 Sealed and/or Ex Parte Document (Sealed pursuant to order dated 3/5/2012) filed by StoneEagle Services Inc (Attachments: # 1 Exhibit(s) App. 1-29, # 2 Exhibit(s) App. 30-58, # 3 Exhibit(s) App. 59-87, # 4 Exhibit(s) App. 88-116, # 5 Exhibit(s) App. 117-145, # 6 Exhibit(s) App. 146-174, # 7 Exhibit(s) App. 175-203, # 8 Exhibit(s) App. 204-232) (Whitley, Beverly) (Entered: 01/28/2014)
ORDER CONSOLIDATING CASES: The Court GRANTS Plaintiffs Motion to Consolidate. Member case(s) 3:12cv1687 consolidated with lead case 3:11cv2408. All future docketing should be in lead case 3:11cv2408. VPay Inc, Jim Valentine and Vincent Valentine added to case pursuant to consolidation. (Ordered by Judge Jorge A Solis on 1/28/2014) (twd) (Entered: 01/29/2014)
Joint MOTION for Issuance of a Scheduling Order filed by StoneEagle Services Inc, VPay Inc, Jim Valentine, and Vincent Valentine. (Originally docketed in member case 3:12cv1687-P on 11/07/2013 as document #42.) (twd) (Entered: 01/29/2014)
Joint MOTION to Dismiss Plaintiffs and the Valentines Joint Motion for Partial Dismissal of All Claims Against the Valentines filed by StoneEagle Services Inc, VPay Inc, Jim Valentine, Vincent Valentine (Attachments: # 1 Proposed Order Order of Partial Dismissal) (Whitley, Beverly) (Entered: 01/29/2014)
(Document Restricted) Sealed Reply re: 422 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 3/5/2012) filed by StoneEagle Services Inc (Whitley, Beverly) (Entered: 01/31/2014)
ORDER finding as moot 439 Motion for Scheduling Order; finding as moot 439 Motion to Continue.; granting 440 Motion to Dismiss. Party Jim Valentine and Vincent Valentine terminated. 439 (Ordered by Judge Jorge A Solis on 2/3/2014) (chmb) (Entered: 02/03/2014)
(Document Restricted) Motion to Quash Subpoena Duces Tecum of Red-Card Systems, LLC (Sealed pursuant to order dated 3/5/2012) filed by StoneEagle Services Inc (Whitley, Beverly) (Entered: 02/03/2014)
(Document Restricted) Sealed Appendix in Support re: 443 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 3/5/2012) filed by StoneEagle Services Inc (Attachments: # 1 Exhibit(s) APP. 01 - APP. 68) (Whitley, Beverly) (Entered: 02/03/2014)
(Document Restricted) Sealed Response re: 436 Sealed and/or Ex Parte Document (Sealed pursuant to order dated 3/5/2012) filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Bennett, Joshua) (Entered: 02/18/2014)
(Document Restricted) Sealed Appendix in Support re: 446 Sealed and/or Ex Parte Response/Objection, (Sealed pursuant to order dated 3/5/2012) filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Attachments: # 1 Exhibit(s) APP 112, # 2 Exhibit(s) APP 13, # 3 Exhibit(s) APP 14, # 4 Exhibit(s) APP 1535, # 5 Exhibit(s) APP 3663, # 6 Exhibit(s) APP 6471, # 7 Exhibit(s) APP 72179, # 8 Exhibit(s) APP 180209, # 9 Exhibit(s) APP 210232, # 10 Exhibit(s) APP 233252, # 11 Exhibit(s) APP 253270, # 12 Exhibit(s) APP 271275, # 13 Exhibit(s) APP 276277, # 14 Exhibit(s) APP 278298, # 15 Exhibit(s) APP 299302, # 16 Exhibit(s) APP 303316, # 17 Exhibit(s) APP 317325, # 18 Exhibit(s) APP 326330, # 19 Exhibit(s) APP 331336, # 20 Exhibit(s) APP 337350, # 21 Exhibit(s) APP 351355) (Bennett, Joshua) (Entered: 02/19/2014)
(Document Restricted) Sealed Response re: 443 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 3/5/2012) filed by Talon Transaction Technologies Inc(a Texas Corporation) (Bennett, Joshua) (Entered: 02/24/2014)
(Document Restricted) Sealed Response re: 443 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 3/5/2012) filed by Talon Transaction Technologies Inc(a Texas Corporation) (Bennett, Joshua) (Entered: 02/24/2014)
(Document Restricted) Sealed Appendix in Support re: 449 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 3/5/2012) filed by Talon Transaction Technologies Inc(a Texas Corporation) (Attachments: # 1 Exhibit(s) 1 - Hearing Transcript, # 2 Exhibit(s) 2 - Gillman Declaration) (Bennett, Joshua) (Entered: 02/24/2014)
MOTION For Expedited Discovery and Brief filed by Stoneeagle Services Inc. (ndt) (Entered: 09/16/2011)
(Document Restricted) Sealed Motion to Compel (Sealed pursuant to order dated 3/5/2012) filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(a Texas Corporation) (Bennett, Joshua) (Entered: 02/25/2014)
(Document Restricted) Sealed Appendix in Support re: 451 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 3/5/2012) filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(a Texas Corporation) (Attachments: # 1 Exhibit(s) App 1-App 5, # 2 Exhibit(s) App 6-App 8, # 3 Exhibit(s) App 9-App 14, # 4 Exhibit(s) App 15-App 48, # 5 Exhibit(s) App 49-App 55, # 6 Exhibit(s) App 56-App 61, # 7 Exhibit(s) App 62-App 64, # 8 Exhibit(s) App 65-App 68, # 9 Exhibit(s) App 69-App 70) (Bennett, Joshua) (Entered: 02/25/2014)
Unopposed MOTION to Extend Time to File Reply in Support of Supplement to Third Motion for Order to Show Cause filed by StoneEagle Services Inc (Attachments: # 1 Proposed Order Enlarging Time to File Reply in Support of Supplement to Third Motion for Order to Show Cause) (Whitley, Beverly) (Entered: 03/04/2014)
(Document Restricted) Sealed Reply re: 443 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 3/5/2012) filed by StoneEagle Services Inc (Whitley, Beverly) (Entered: 03/10/2014)
(Document Restricted) Sealed Reply re: 436 Sealed and/or Ex Parte Document (Sealed pursuant to order dated 3/5/2012) filed by StoneEagle Services Inc (Whitley, Beverly) (Entered: 03/10/2014)
(Document Restricted) Sealed Appendix in Support re: 457 Sealed and/or Ex Parte Reply/Sur-reply (Sealed pursuant to order dated 3/5/2012) filed by StoneEagle Services Inc (Attachments: # 1 Exhibit(s) 2nd Supp. App. 233-290) (Whitley, Beverly) (Entered: 03/10/2014)
RESPONSE filed by StoneEagle Services Inc re: 451 (Document Restricted) Sealed Motion to Compel (Sealed pursuant to order dated 3/5/2012) (Whitley, Beverly) (Entered: 03/18/2014)
(Document Restricted) Sealed Appendix in Support re: 459 Response/Objection (Sealed pursuant to order dated 3/5/2012) filed by StoneEagle Services Inc (Attachments: # 1 Exhibit(s) APP. 01 - APP. 43) (Whitley, Beverly) (Entered: 03/18/2014)
MOTION for Protective Order with Brief in Support filed by NexPay Inc with Brief/Memorandum in Support. (Bennett, Joshua) (Entered: 03/18/2014)
(Document Restricted) Sealed Appendix in Support re: 461 Motion for Protective Order (Sealed pursuant to SO 19-1, statute, or rule) filed by NexPay Inc (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit A-1, # 3 Exhibit(s) Exhibit A-2, # 4 Exhibit(s) Exhibit A-3, # 5 Exhibit(s) Exhibit A-3.1, # 6 Exhibit(s) Exhibit A-3.2, # 7 Exhibit(s) Exhibit A-3.3, # 8 Exhibit(s) Exhibit A-3.4, # 9 Exhibit(s) Exhibit A-3.5, # 10 Exhibit(s) Exhibit A-3.6, # 11 Exhibit(s) Exhibit A-4, # 12 Exhibit(s) Exhibit A-5, # 13 Exhibit(s) Exhibit B, # 14 Exhibit(s) Exhibit C, # 15 Exhibit(s) Exhibit D, # 16 Exhibit(s) Exhibit E, # 17 Exhibit(s) Exhibit F, # 18 Exhibit(s) Exhibit G, # 19 Exhibit(s) Exhibit H) (Bennett, Joshua) (Entered: 03/18/2014)
MOTION to Compel Responsive Documents to NexPay, Inc.s Second Request for Production filed by NexPay Inc with Brief/Memorandum in Support. (Bennett, Joshua) (Entered: 03/20/2014)
Appendix in Support filed by NexPay Inc re 465 MOTION to Compel Responsive Documents to NexPay, Inc.s Second Request for Production (Attachments: # 1 Exhibit(s) in Support of Motion to Compel) (Bennett, Joshua) (Entered: 03/20/2014)
ORDER: Motion Hearing set for 4/8/2014 at 2:30 PM before Magistrate Judge David L Horan re: 380 MOTION for Protective Order , 410 MOTION for Protective Order , 422 Motion to Quash Subpoena Duces Tecum of Insurcard, Inc., 443 Motion to Quash Subpoena Duces Tecum of Red-Card Systems, LLC, 451 Motion to Compel, and 461 MOTION for Protective Order with Brief in Support. (Ordered by Magistrate Judge David L Horan on 3/20/2014) (mcrd) (Entered: 03/20/2014)
MOTION to Abate Action filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) 1 - 13-1248 Opinion and Judgment) (Bennett, Joshua) (Entered: 03/27/2014)
ORDER: The Court believes it appropriate to expedite briefing on 471 Motion to Abate Action. Responses are due on or before 4/4/2014 and any Reply shall be filed by 4/9/2014. (Ordered by Judge Jorge A Solis on 3/31/2014) (chmb) (Entered: 03/31/2014)
RESPONSE filed by StoneEagle Services Inc re: 471 MOTION to Abate Action (Whitley, Beverly) (Entered: 04/04/2014)
Appendix in Support filed by StoneEagle Services Inc re 475 Response/Objection (Whitley, Beverly) (Entered: 04/04/2014)
REPLY filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 471 MOTION to Abate Action (Bennett, Joshua) (Entered: 04/04/2014)
ORDER granting Defendants Opposed Emergency Motion to Abate Case in Light of the United State Court of Appeals for the Federal Circuits Opinion and Judgment 471 and Order Staying Case. Plaintiff to inform the Court by 4/28/2014, whether it has moved for a rehearing with the Federal Circuit. (Ordered by Judge Jorge A Solis on 4/14/2014) (chmb) (Entered: 04/14/2014)
NOTICE of Petition for Panel Rehearing and Rehearing En Banc Before the Federal Circuit re: 478 Order Staying Case,, Terminate Motions,, Order Setting Deadline/Hearing, filed by StoneEagle Services Inc (Whitley, Beverly) (Entered: 04/25/2014)
MOTION to Sever and Brief filed by StoneEagle Services Inc, StoneEagle Services Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Proposed ORder) (Whitley, Beverly) (Entered: 06/04/2014)
CERTIFICATE of Conference re 480 MOTION to Sever and Brief AMENDED by Beverly A Whitley on behalf of StoneEagle Services Inc (Whitley, Beverly) (Entered: 06/05/2014)
ORDER of USCA for the Federal Circuit as to 250 Notice of Appeal,, filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc, 271 Notice of Appeal, filed by David Gillman, Talon Transaction Technologies Inc. In accordance with the judgment of this Court, entered March 26, 2014, and pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued. (svc) (Entered: 06/09/2014)
JUDGMENT/MANDATE of USCA for the Federal Circuit as to 250 Notice of Appeal, filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc, 271 Notice of Appeal, filed by David Gillman, Talon Transaction Technologies Inc. Vacated and Remanded. (svc) (Entered: 06/09/2014)
RESPONSE filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 480 MOTION to Sever and Brief (Bennett, Joshua) (Entered: 06/09/2014)
REPLY filed by StoneEagle Services Inc, StoneEagle Services Inc re: 480 MOTION to Sever and Brief (Whitley, Beverly) (Entered: 06/23/2014)
Order: The Court DENIES Plaintiffs 480 Motion to Sever and DISMISSES this case. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at www.txnd.uscourts.gov/Court Records). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) The clerk will prepare the final Report to the Patent/Trademark or Copyright Office. (Ordered by Judge Jorge A Solis on 8/29/2014) (ykp) (Entered: 08/29/2014)
MOTION to Dismiss filed by Stoneeagle Services Inc with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Appendix to StoneEagle Service, Incs Motion to Dismiss and Brief) (Whitley, Beverly) (Entered: 12/08/2011)
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Stoneeagle Services Inc. (ndt) (Entered: 09/16/2011)
RESPONSE filed by Stoneeagle Services Inc re: MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit(s) Appendix to Plaintiffs Response to Application for Temporary Restraining Order and Temporary Injunction and Brief) (Whitley, Beverly) (Entered: 12/08/2011)
Original ANSWER to Counterclaim filed by Stoneeagle Services Inc. Related document: 26 Answer to Complaint, Counterclaim,,,,,,,,,, (Whitley, Beverly) (Entered: 12/08/2011)
REPLY filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: MOTION for Temporary Restraining Order MOTION for Injunction (Pegues, Michael) (Entered: 12/12/2011)
RESPONSE AND OBJECTION filed by Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: MOTION for Temporary Restraining Order MOTION for Injunction (Pegues, Michael) (Entered: 12/12/2011)
ORDER: Hearing on Motion for Temporary Restraining Order 21 set for 2/2/2012 9:00 AM in US Courthouse, Courtroom 1632, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Jorge A Solis. (Ordered by Judge Jorge A Solis on 1/5/2012) (chmb) (Entered: 01/05/2012)
Joint Proposal for contents of scheduling and discovery by David Gillman, Stoneeagle Services Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation). (Whitley, Beverly) (Entered: 01/05/2012)
RESPONSE filed by David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) re: 27 MOTION to Dismiss (Attachments: # 1 Affidavit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Proposed Order) (Pegues, Michael) (Entered: 01/05/2012)
Summons Issued as to David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation). (ndt) (Entered: 09/16/2011)
Unopposed MOTION for Leave to File Supplement to Defendants/Counter-Plaintiffs Motion and Brief in Response to Plaintiff/Counter-Defendants Motion to Dismiss filed by David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit 1 to Exhibit A, # 3 Proposed Order) (Pegues, Michael) (Entered: 01/11/2012)
SCHEDULING ORDER: Pretrial Conference set for 3/1/2013 09:30 AM before Judge Jorge A Solis. Jury Trial set for 3/18/2013 09:00 AM in US Courthouse, Courtroom 1632, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Jorge A Solis. Amended Pleadings and Joinder of Parties due by 6/4/2012. Discovery due by 11/5/2012. Status Report due by 11/29/2012. Motions due by 12/14/2012. Pretrial Order due by 2/22/2013. Pretrial Materials due by 3/6/2013. (Ordered by Judge Jorge A Solis on 1/13/2012) (chmb) (Entered: 01/13/2012)
ORDER granting 35 Motion for Leave to File Supplement to Defendants Motion and Brief in Response to Motion to Dismiss. (Ordered by Judge Jorge A Solis on 1/13/2012) (chmb) (Entered: 01/13/2012)
REPLY filed by Stoneeagle Services Inc re: 27 MOTION to Dismiss (Whitley, Beverly) (Entered: 01/19/2012)
MOTION for Protective Order filed by David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) (Attachments: # 1 Exhibit(s) A) (Pegues, Michael) (Entered: 01/23/2012)
ORDER REFERRING 39 Motion for Protective Order filed by David Gillman, Talon Transaction Technologies Inc. Motion referred to Magistrate Judge Renee Harris Toliver. (Ordered by Judge Jorge A Solis on 1/23/2012) (chmb) (Entered: 01/24/2012)
Unopposed MOTION to Continue Hearing on the Application for Preliminary Injunction filed by David Gillman, Stoneeagle Services Inc, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) (Attachments: # 1 Proposed Order) (Pegues, Michael) (Entered: 01/26/2012)
Second MOTION for Order to Show Cause Why Defendants Should Not Be Held in Contempt and Brief in Support filed by Stoneeagle Services Inc with Brief/Memorandum in Support. (Attachments: # 1 Appendix) (Whitley, Beverly) (Entered: 01/27/2012)
ORDER granting 41 Motion to Continue Hearing on TRO. Hearing on Application for Preliminary Injunction set for 3/1/2012 09:00 AM in US Courthouse, Courtroom 1632, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Jorge A Solis. (Ordered by Judge Jorge A Solis on 1/27/2012) (chmb) (Entered: 01/30/2012)
STATUS REPORT Letter filed by Stoneeagle Services Inc. (Whitley, Beverly) (Entered: 09/16/2011)
RESPONSE filed by Stoneeagle Services Inc re: 39 MOTION for Protective Order (Whitley, Beverly) (Entered: 02/07/2012)
MOTION to Strike 26 Answer to Complaint, Counterclaim,,,,,,,,,, MOTION for Temporary Restraining Order Affidavit of David Gillman in Support of filed by Stoneeagle Services Inc (Trowbridge, Christopher) (Entered: 02/15/2012)
Appendix in Support filed by Stoneeagle Services Inc re 46 MOTION to Strike 26 Answer to Complaint, Counterclaim,,,,,,,,,, MOTION for Temporary Restraining Order Affidavit of David Gillman in Support of (Trowbridge, Christopher) (Entered: 02/15/2012)
RESPONSE filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 42 Second MOTION for Order to Show Cause Why Defendants Should Not Be Held in Contempt and Brief in Support (Attachments: # 1 Exhibit A, # 2 Exhibit(s) A1-A2, # 3 Exhibit(s) A3-A5, # 4 Exhibit(s) A6-A7, # 5 Exhibit A8). Document submitted via the Courts Emergency Filing E-mail Account. (gmg) (Entered: 02/21/2012)
REPLY filed by David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) re: 39 MOTION for Protective Order (Pegues, Michael) (Entered: 02/21/2012)
MOTION to Disregard re 26 Answer to Complaint, Counterclaim,,,,,,,,,, filed by David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) (Attachments: # 1 Proposed Order) (Pegues, Michael) (Entered: 02/22/2012)
MOTION for Leave to File Second Amended Answer and Counterclaim filed by Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) (Attachments: # 1 Exhibit(s), # 2 Affidavit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Affidavit(s), # 8 Affidavit(s), # 9 Proposed Order) (Pegues, Michael) (Entered: 02/22/2012)
*DISREGARD FILED IN ERROR* Unopposed MOTION for Extension of Time to File Response/Reply re: 48 Response/Objection, 42 Second MOTION for Order to Show Cause Why Defendants Should Not Be Held in Contempt and Brief in Support filed by Stoneeagle Services Inc (Attachments: # 1 Proposed Order Agreed Order Enlarging Time to Reply) (Whitley, Beverly) Modified on 3/2/2012 (ykp). (Entered: 03/02/2012)
Unopposed MOTION for Extension of Time to File Response/Reply re: 48 Response/Objection, 42 Second MOTION for Order to Show Cause Why Defendants Should Not Be Held in Contempt and Brief in Support filed by Stoneeagle Services Inc (Attachments: # 1 Proposed Order Agreed Order Enlarging Time to Reply) (Whitley, Beverly) (Entered: 03/02/2012)
STATUS REPORT filed by Stoneeagle Services Inc. (Whitley, Beverly) (Entered: 09/19/2011)
ORDER granting 39 Motion for Protective Order with some modifications (see order for specifics). (Ordered by Magistrate Judge Renee Harris Toliver on 3/5/2012) (mcrd) (Entered: 03/05/2012)
REPLY filed by Stoneeagle Services Inc re: 42 Second MOTION for Order to Show Cause.(Whitley, Beverly) ). (Entered: 03/05/2012)
ORDER granting 55 Motion to Extend Time to File Reply in support of its Motion to Show Cause. Reply due by 3/5/2012. (Ordered by Judge Jorge A Solis on 3/6/2012) (chmb) (Entered: 03/06/2012)
REPLY filed by David Gillman, Talon Transaction Technologies Inc, Talon Transaction Technologies Inc re: 50 MOTION Clarification of Preliminary Injunction Order. (Pegues, Michael) (Entered: 03/09/2012)
RESPONSE filed by Stoneeagle Services Inc re: 51 MOTION to Disregard re 26 Answer to Complaint, Counterclaim. Modified on 3/15/2012 (ykp). (Entered: 03/14/2012)
RESPONSE filed by Stoneeagle Services Inc re: 52 MOTION for Leave to File Second Amended Answer and Counterclaim (Williams, Ross) (Entered: 03/14/2012)
WAIVER OF SERVICE Returned Executed as to David Gillman. Waiver sent on 9/22/2011. (Trowbridge, Christopher) (Entered: 09/22/2011)
REPLY filed by David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) re: 51 MOTION to Disregard re 26 Answer to Complaint, Counterclaim,,,,,,,,,, MOTION to Disregard re 26 Answer to Complaint, Counterclaim,,,,,,,,,, (Attachments: # 1 Exhibit(s) A) (Pegues, Michael) (Entered: 03/28/2012)
REPLY filed by David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) re: 52 MOTION for Leave to File Second Amended Answer and Counterclaim (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C) (Pegues, Michael) (Entered: 03/28/2012)
Plaintiffs MOTION for Leave to File Supplement to 42 Second Motion for Order to Show Cause Why Defendants Should Not Be Held in Contempt and Brief filed by Stoneeagle Services Inc. (Attachments: # 1 Exhibit(s)) (Whitley, Beverly) Modified on 4/6/2012 (skt). (Entered: 04/05/2012)
MOTION to Expedite Second Motion for Order to Show Cause Why Defendants Should Not Be Held in Contempt filed by Stoneeagle Services Inc (Whitley, Beverly) (Entered: 04/05/2012)
*VACATED PER ORDER AT 178 * STANDING ORDER OF REFERENCE Referring Case to Magistrate Judge Jeff Kaplan for pretrial management. Motion(s) referred to Magistrate Judge Jeff Kaplan. (Ordered by Judge Jorge A Solis on 4/11/2012) (skt) Modified on 8/30/2012 (cea). (Entered: 04/11/2012)
WAIVER OF SERVICE Returned Executed as to Talon Transaction Technologies Inc(a Texas Corporation). Waiver sent on 9/22/2011. (Trowbridge, Christopher) (Entered: 09/22/2011)
STANDING ORDER ON NON-DISPOSITIVE MOTIONS: This order shall govern the filing and disposition of all discovery-related motions, pleading disputes, and other non-dispositive motions in this case. (See order for specifics) (Ordered by Magistrate Judge Jeff Kaplan on 4/11/2012) (mcrd) (Entered: 04/11/2012)
ORDER SETTING STATUS CONFERENCE: A status conference set for 4/27/2012 11:00 AM before Magistrate Judge Jeff Kaplan. (See order for specifics) (Ordered by Magistrate Judge Jeff Kaplan on 4/11/2012) (mcrd) (Entered: 04/11/2012)
ORDER: At the request of counsel for defendants, the status conference in this case is reset for 4/23/2012 09:00 AM before Magistrate Judge Jeff Kaplan. (Ordered by Magistrate Judge Jeff Kaplan on 4/16/2012) (mcrd) (Entered: 04/16/2012)
NOTICE of Attorney Appearance by Danise A McMahon for Shawn E. Tuma on behalf of All Defendants. (McMahon, Danise) (Entered: 04/20/2012)
WAIVER OF SERVICE Returned Executed as to Talon Transaction Technologies, Inc., an Oklahoma Corporation. Waiver sent on 9/22/2011. (Trowbridge, Christopher) (Entered: 09/22/2011)
ORDER SETTING HEARING: After considering plaintiffs request for expedited consideration re: 42 Second MOTION for Order to Show Cause Why Defendants Should Not Be Held in Contempt and Brief in Support, the motion [Doc. #65] is granted. The court will also expedite consideration of defendants application for a preliminary injunction. A hearing on both motions is set for 5/10/2012 09:00 AM before Magistrate Judge Jeff Kaplan. (Ordered by Magistrate Judge Jeff Kaplan on 4/23/2012) (mcrd) (Entered: 04/23/2012)
AFFIDAVIT of Service for Subpoena and Subpoena Duces Tecum served on Regions Financial Corporation on March 26, 2012. (Williams, Ross) Modified on 4/26/2012 to correct spelling (cea). (Entered: 04/25/2012)
AFFIDAVIT of Service for Subpoena and Subpoena Duces Tecum served on Benefit Management Systems on April 9, 2012. (Williams, Ross) (Entered: 04/25/2012)
AFFIDAVIT of Service for Subpoena and Subpoena Duces Tecum served on Integrahealth Management LLC on April 9, 2012. (Williams, Ross) (Entered: 04/26/2012)
AFFIDAVIT of Service for Subpoena and Subpoena Duces Tecum served on Comdata Network, Inc. on March 21, 2012. (Williams, Ross) (Entered: 04/26/2012)
AFFIDAVIT of Service for Subpoena and Subpoena Duces Tecum served on Chase Gillman on April 3, 2012. (Williams, Ross) (Entered: 04/26/2012)
AFFIDAVIT of Service for Subpoena and Subpoena Duces Tecum served on NxSystems, Inc. on February 20, 2012. (Williams, Ross) (Entered: 04/26/2012)
AFFIDAVIT of Service for Subpoena and Subpoena Duces Tecum served on Administrative Insurance Management Services, Inc. on February 7, 2012. (Williams, Ross) (Entered: 04/26/2012)
ORDER: Court believes that it is appropriate to expedite briefing on the Motion for TRO; Response due on or before 10/5/2011 at 4:00 p.m.; Plaintiffs reply, if any, shall be filed by 10/7/2011 at 12:00 p.m. (Ordered by Judge Jorge A Solis on 9/23/2011) (chmb) (Entered: 09/26/2011)
AFFIDAVIT of Service for Subpoena and Subpoena Duces Tecum served on TxVia, Inc. on April 12, 2012. (Williams, Ross) (Entered: 04/26/2012)
AFFIDAVIT of Service for Subpoena and Subpoena Duces Tecum served on Lisa Gillman on April 12, 2012. (Williams, Ross) (Entered: 04/26/2012)
ORDER: A hearing on plaintiffs second motion for an order to show cause why defendants should not be held in contempt and defendants application for a preliminary injunction is set for 5/10/12 at 9AM. (See order for specifics) (Ordered by Magistrate Judge Jeff Kaplan on 4/26/2012) (mcrd) (Entered: 04/26/2012)
ORDER denying as moot 27 Motion to Dismiss. (Ordered by Magistrate Judge Jeff Kaplan on 4/26/2012) (mcrd) (Entered: 04/26/2012)
ORDER denying as moot 46 Motion to Strike (Ordered by Magistrate Judge Jeff Kaplan on 4/26/2012) (mcrd) (Entered: 04/26/2012)
ORDER denying without prejudice [Doc. #26] Motion for TRO. Defts may refile their application for injunctive relief by 5/1/12. Response due 5/3/12, Reply due 5/7/12. (Ordered by Magistrate Judge Jeff Kaplan on 4/26/2012) (mcrd) (Entered: 04/26/2012)
ORDER denying 51 Motion to disregard Answer to Complaint, Counterclaim, etc. Defts are allowed to substitute the Affidavit of David Gillman filed with defts amended answer. (Ordered by Magistrate Judge Jeff Kaplan on 4/26/2012) (mcrd) (Entered: 04/26/2012)
ORDER granting 52 Motion for Leave to File. Defts shall file their second amended answer and counterclaims by 5/3/2012. (See order for specifics) (Ordered by Magistrate Judge Jeff Kaplan on 4/26/2012) (mcrd) (Entered: 04/26/2012)
ORDER granting 64 Motion for Leave to file a supplement to second motion for order to show cause why defendants should not be held in contempt. (See order for specifics) (Ordered by Magistrate Judge Jeff Kaplan on 4/26/2012) (mcrd) (Entered: 04/26/2012)
CERTIFICATE OF SERVICE by Stoneeagle Services Inc re 3 MOTION For Expedited Discovery Corrected (Whitley, Beverly) (Entered: 09/26/2011)
Supplemental document re 42 Second MOTION for Order to Show Cause Why Defendants Should Not Be Held in Contempt filed by Stoneeagle Services Inc (Attachments: # 1 Exhibit - Appendix in Support) (Cheek, R) Docket text modified on 4/27/2012 (twd) (Entered: 04/27/2012)
AMENDED DOCUMENT by Stoneeagle Services Inc. Amendment to 80 Affidavit of Service.. (Whitley, Beverly) (Entered: 04/30/2012)
*STRICKEN PER 91 ORDER* MOTION to Quash Plaintiffs Notice of Deposition and Subpoena to Nonparty Lisa Gillman filed by David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) (Attachments: # 1 Proposed Order) (Pegues, Michael) Modified on 5/1/2012 (ctf). (Entered: 04/30/2012)
Order re: 90 MOTION to Quash Plaintiffs Notice of Deposition and Subpoena to Nonparty Lisa Gillman. The defendants 90 motion to quash is stricken from the record of this case. The clerk is directed to note on the docket that this document has been unfiled. (Ordered by Magistrate Judge Jeff Kaplan on 5/1/2012) (ctf) (Entered: 05/01/2012)
Second AMENDED ANSWER to 2 Complaint,, filed by Talon Transaction Technologies Inc(a Texas Corporation), David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation) Additional patent/trademark or copyright numbers are added and the clerk should prepare the appropriate report to the Patent/Trademark or Copyright Office to include registrations: TXu001737894, 06/25/2009., COUNTERCLAIM against Stoneeagle Services Inc filed by Talon Transaction Technologies Inc(a Texas Corporation), David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation) (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) A1-A2, # 3 Exhibit(s) A3-A5, # 4 Exhibit(s) A6-A7, # 5 Exhibit(s) A8, # 6 Exhibit(s) B, # 7 Exhibit(s) C) (Pegues, Michael) (Entered: 05/01/2012)
RESPONSE filed by David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) re: MOTION For Temporary Restraining Order. (Hough, Catherine) Modified text on 10/6/2011 (dnc). (Entered: 10/05/2011)
MOTION for Preliminary Injunction filed by Talon Transaction Technologies Inc (a Texas Corporation), Talon Transaction Technologies Inc (an Oklahoma Corporation) with Brief/Memorandum in Support. (Attachments: # 1 Brief in Support, # 2 Appendix in Support, # 3 App000001-000032, # 4 App000033-000068, # 5 App000069-000095, # 6 App000096-000131, # 7 App000132-000147, # 8 Proposed Order) (Pegues, Michael) Modified on 5/2/2012 (skt). (Entered: 05/01/2012)
Report to Patent/Trademark Office of Answer or Amended Pleading. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (skt) (Entered: 05/02/2012)
MOTION to Dismiss for Lack of Jurisdiction filed by David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) with Brief/Memorandum in Support. (Attachments: # 1 Additional Page(s) Brief in Support, # 2 Proposed Order) (Pegues, Michael) (Entered: 05/03/2012)
MOTION to Dismiss Defendants Second Amended Counterclaim and Brief filed by Stoneeagle Services Inc with Brief/Memorandum in Support. (Whitley, Beverly) (Entered: 05/03/2012)
Brief/Memorandum in Support filed by David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) re 13 Response/Objection, (Attachments: # 1 Affidavit(s) Vincent Valentine) (Hough, Catherine) (Entered: 10/05/2011)
MOTION for Leave to File First Supplemental Complaint filed by Stoneeagle Services Inc (Attachments: # 1 Exhibit(s) Exhibit A) (Whitley, Beverly) (Entered: 05/03/2012)
Plaintiffs Original ANSWER to Counterclaim filed by Stoneeagle Services Inc. Related document: 92 Amended Answer to Complaint, Counterclaim,,,,,, (Whitley, Beverly) (Entered: 05/03/2012)
Witness List by Stoneeagle Services Inc. (Whitley, Beverly) (Entered: 05/03/2012)
Exhibit List by Stoneeagle Services Inc. (Whitley, Beverly) (Entered: 05/03/2012)
RESPONSE filed by Stoneeagle Services Inc re: 93 MOTION for Injunction (Attachments: # 1 Exhibit(s) Appendix, # 2 Exhibit(s) Exhibits) (Whitley, Beverly) (Entered: 05/03/2012)
Exhibit List by David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation). (McMahon, Danise) (Entered: 05/03/2012)
Witness List by David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation). (McMahon, Danise) (Entered: 05/03/2012)
RESPONSE filed by David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) re: 88 Second MOTION for Order to Show Cause Why Defendants Should not be Held in Contempt (Attachments: # 1 Brief in Support) (McMahon, Danise) (Entered: 05/03/2012)
AGREED ORDER granting 97 Motion for Leave to File. (Ordered by Magistrate Judge Jeff Kaplan on 5/3/2012) (mcrd) (Entered: 05/04/2012)
Notice of Correction of Signature Omission, correcting signature omission in 99 Witness List filed by Stoneeagle Services Inc. (Whitley, Beverly) (Entered: 05/04/2012)
Supplemental document re: 2 COMPLAINT against All Defendants filed by Stoneeagle Services Inc. Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (Whitley, Beverly) Modified on 5/4/2012 (ctf). (Entered: 05/04/2012)
ORDER: Plaintiff shall file a preliminary response to 96 MOTION to Dismiss by 5/8/2012. Defendants shall file a supplement to their motion by 5/8/2012. (Ordered by Magistrate Judge Jeff Kaplan on 5/4/2012) (mcrd) (Entered: 05/04/2012)
REPLY filed by David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) re: 93 MOTION for Injunction (Attachments: # 1 Proposed Order Proposed Order on Objections) (Pegues, Michael) (Entered: 05/07/2012)
RESPONSE filed by Stoneeagle Services Inc re: 95 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Exhibit(s) Appendix to Plaintiffs Preliminary Response to Defendants Motion to Dismiss) (Whitley, Beverly) (Entered: 05/08/2012)
AFFIDAVIT of Service for Waiver of Subpoena Service served on Jean Johnson on May 3, 2012. (Whitley, Beverly) (Entered: 05/08/2012)
REPLY filed by Stoneeagle Services Inc re: 88 Second MOTION for Order to Show Cause Why Defendants Should not be Held in Contempt (Whitley, Beverly) (Entered: 05/08/2012)
Brief/Memorandum in Support filed by David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) re 95 MOTION to Dismiss for Lack of Jurisdiction (McMahon, Danise) (Entered: 05/08/2012)
RESPONSE filed by Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) re: 96 MOTION to Dismiss Defendants Second Amended Counterclaim and Brief (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Proposed Order) (Pegues, Michael) (Entered: 05/09/2012)
NOTICE of Attorney Appearance by Jason A Wietjes on behalf of All Defendants. (Wietjes, Jason) (Entered: 05/09/2012)
ORDER OF REFERRAL FOR MEDIATION: This case is hereby referred to mediation. The parties are directed to confer in an attempt to agree upon a mediator. If agreement cannot be reached, the court will appoint a mediator. The mediation shall be complete by May 25, 2012. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. (See order for specifics) (Ordered by Magistrate Judge Jeff Kaplan on 5/11/2012) (mcrd) (Entered: 05/11/2012)
NOTICE filed by David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) (Tuma, Shawn) (Entered: 05/16/2012)
ORDER denying 93 Motion for Preliminary Injunction (See order for specifics) (Ordered by Magistrate Judge Jeff Kaplan on 5/17/2012) (mcrd) (Entered: 05/17/2012)
ORDER: All briefing deadlines are hereby suspended pending the outcome of mediation. If this case does not settle, the court will issue a briefing schedule on the pending motions. (See order for specifics) (Ordered by Magistrate Judge Jeff Kaplan on 5/17/2012) (mcrd) (Entered: 05/17/2012)
*Disregard, filed in error* Alternative Dispute Resolution Summary filed by Jay J. Madrid. Attorneys in Attendance: Christopher Trowbridge, Beverly Whitley, Ross Williams, Shawn Tuma. Outcome of ADR: Parties were unable to reach a settlement. (Madrid, Jay) Docket text modified on 5/25/2012 (twd). (Entered: 05/24/2012)
Alternative Dispute Resolution Summary filed by ADR Provider. Attorneys in Attendance: Christopher Trowbridge, Beverly Whitley, Ross Williams, Shawn Tuma. Outcome of ADR: Parties were unable to reach a settlement. (Madrid, Jay) (Entered: 05/25/2012)
ORDER: A status conference is set for 5/29/2012 09:00 AM before Magistrate Judge Jeff Kaplan. Lead counsel for all parties shall attend this conference in person. (Ordered by Magistrate Judge Jeff Kaplan on 5/25/2012) (mcrd) (Entered: 05/25/2012)
ORDER: The court hereby enters the following order in connection with defendants motion to dismiss for lack of subject matter jurisdiction [Doc. #95], plaintiffs motion to dismiss defendants second amended counterclaim [Doc. #96], and all outstanding issues related to the preliminary injunction now in effect. A hearing to determine an appropriate bond amount is set for 6/15/2012 09:00 AM before Magistrate Judge Jeff Kaplan. (See order for specifics) (Ordered by Magistrate Judge Jeff Kaplan on 5/29/2012) (mcrd) (Entered: 05/29/2012)
Joint MOTION to Extend Time Motion for Leave to Amend Pleadings and Join Parties filed by David Gillman, Stoneeagle Services Inc, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) (Attachments: # 1 Proposed Order Order Enlarging Time to File Motions for Leave to Amend Pleadings and Motions for Leave to Join Additional Parties) (Whitley, Beverly) (Entered: 06/04/2012)
ORDER granting 124 Motion to Extend Time. Amended Pleadings due by 7/5/2012. Joinder of Parties due by 7/5/2012. (Ordered by Magistrate Judge Jeff Kaplan on 6/4/2012) (mcrd) (Entered: 06/04/2012)
RESPONSE filed by David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) re: 96 MOTION to Dismiss Defendants Second Amended Counterclaim and Brief (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Proposed Order) (Pegues, Michael) (Entered: 06/06/2012)
REPLY filed by Stoneeagle Services Inc re: 96 MOTION to Dismiss Defendants Second Amended Counterclaim and Brief (Williams, Ross) (Entered: 06/11/2012)
Brief/Memorandum in Support filed by Stoneeagle Services Inc re 123 Order Setting Deadline/Hearing,, Plaintiffs Brief Regarding Preliminary Injunction Bond (Whitley, Beverly) (Entered: 06/11/2012)
Brief/Memorandum in Support filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re 123 Order Setting Deadline/Hearing,, (Attachments: # 1 Appendix) (McMahon, Danise) (Entered: 06/11/2012)
Findings and Recommendations on Motion. Defendants 95 MOTION to Dismiss for Lack of Jurisdiction should be denied. (See order for specifics) (Ordered by Magistrate Judge Jeff Kaplan on 6/13/2012) (mcrd) (Entered: 06/13/2012)
AFFIDAVIT of Service for Subpoena and Subpoena Duces Tecum served on Echo Health, Inc. on April 23, 2012. (Williams, Ross) (Entered: 06/13/2012)
MEDIATION ORDER. The parties and their attorneys shall mediate this case with Jay J. Madrid prior to 7/3/2012. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. (Ordered by Magistrate Judge Jeff Kaplan on 6/18/2012) (axm) (Entered: 06/18/2012)
Proof of Service for Subpoena served on Smith & Hopen PA on 6/13/2012. (axm) (Entered: 06/19/2012)
NOTICE of Filing of Subpoena and Subpoena Duces Tecum and Non-Party Four Oaks Bank & Trust Companys Acceptance of Service filed by Stoneeagle Services Inc (Attachments: # 1 Exhibit(s)) (Whitley, Beverly) (Entered: 06/19/2012)
Notice of Filing of Official Electronic Transcript of Bond Hearing, Proceedings held on June 15, 2012 before Judge Jeff Kaplan. Court Reporter/Transcriber Shawnie Archuleta, Telephone number 214-753-2747. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerks office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (85 pages) Redaction Request due 7/11/2012. Redacted Transcript Deadline set for 7/23/2012. Release of Transcript Restriction set for 9/18/2012. (spa) (Entered: 06/20/2012)
AGREED SECOND ADDENDUM TO PROTECTIVE ORDER (See order for specifics) (Ordered by Magistrate Judge Jeff Kaplan on 6/20/2012) (mcrd) (Entered: 06/20/2012)
Brief/Memorandum in Support filed by Stoneeagle Services Inc re Motion Hearing, 128 Brief/Memorandum in Support of Motion Plaintiffs Post-Hearing Brief Regarding Preliminary Injunction Bond (Whitley, Beverly) (Entered: 06/22/2012)
Brief/Memorandum in Support filed by David Gillman, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) re Motion Hearing, on Bond Amount (McMahon, Danise) (Entered: 06/22/2012)
OBJECTION to 130 Findings and Recommendations of the United States Magistrate Judge on Defendants Motion to Dismiss for Lack of Subject Matter Jurisdiction Pursuant to Rule 12(b)(1). (Tuma, Shawn) (Entered: 06/27/2012)
Alternative Dispute Resolution Summary filed by ADR Provider. Attorneys in Attendance: Beverly Whitley; Ross Williams; Christopher Trowbridge; Shawn Tuma. Prv. Fee: 5,000. Outcome of ADR: Parties were unable to reach a settlement. (Madrid, Jay) (Entered: 06/28/2012)
ORDER: Counsel for all parties shall appear in court on 7/9/2012 at 9:00 AM before Magistrate Judge Jeff Kaplan. At that time, the magistrate judge will issue an oral recommendation on 42 Second MOTION for Order to Show Cause Why Defendants Should Not Be Held in Contempt and Brief in Support and, 50 MOTION Clarification of Preliminary Injunction Order. (Ordered by Magistrate Judge Jeff Kaplan on 6/29/2012) (mcrd) (Main Document 141 replaced on 6/29/2012) (mcrd). (Entered: 06/29/2012)
Joint MOTION to Extend Time to File Motions for Leave to Amend Pleadings and Motions for Leave to Join Additional Parties filed by Stoneeagle Services Inc, David Gillman, Talon Transaction Technologies Inc. (Attachments: # 1 Proposed Order) (Whitley, Beverly) Modified filers on 7/3/2012 (axm). (Entered: 07/02/2012)
ORDER granting 142 Motion to Extend Time. The court orders that motions for leave to amend pleadings shall be filed by 8/6/2012; and motions for leave to join parties shall be filed by 8/6/2012. (Ordered by Magistrate Judge Jeff Kaplan on 7/5/2012) (mcrd) (Entered: 07/05/2012)
RESPONSE filed by Stoneeagle Services Inc re: 139 Objection to Findings and Recommendations (Whitley, Beverly) (Entered: 07/11/2012)
MOTION for Summary Judgment (Partial) filed by Stoneeagle Services Inc (Attachments: # 1 Proposed Order) (Whitley, Beverly) (Entered: 07/16/2012)
Brief/Memorandum in Support filed by Stoneeagle Services Inc re 146 MOTION for Summary Judgment (Partial) (Whitley, Beverly) (Entered: 07/16/2012)
Appendix in Support filed by Stoneeagle Services Inc re 147 Brief/Memorandum in Support of Motion for Partial Summary Judgment (Whitley, Beverly) (Entered: 07/16/2012)
AFFIDAVIT of Service for Subpoena and Subpoena Duces Tecum served on Meritain Health, Inc. on June 21, 2012. (Williams, Ross) (Entered: 07/23/2012)
AFFIDAVIT of Service for Subpoena and Subpoena Duces Tecum Served in Word Format Via Email served on Meritain Health, Inc. on June 27, 2012. (Williams, Ross) (Entered: 07/23/2012)
AFFIDAVIT of Service for CD Containing Exhibit A to Subpoena and Subpoena Duces Tecum in Word Format served on Meritain Health, Inc. on June 27, 2012. (Williams, Ross) (Entered: 07/23/2012)
OBJECTIONS TO THE MAGISTRATE JUDGES FINDINGS AND RECOMMENDATIONS AND REQUEST FOR DE NOVO CONSIDERATION filed by David Gillman, Talon Transaction Technologies Inc (an Oklahoma Corporation), Talon Transaction Technologies Inc (a Texas Corporation) re: 144 Findings and Recommendations on Motion (Attachments: # 1 Brief in Support) (McMahon, Danise) Modified on 7/24/2012 (rlw). (Entered: 07/23/2012)
Appendix in Support filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re 152 Response/Objection (Attachments: # 1 Additional Page(s), # 2 Additional Page(s)) (McMahon, Danise) (Entered: 07/23/2012)
Appendix in Support filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re 153 Appendix in Support, (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s)) (McMahon, Danise) (Entered: 07/23/2012)
Appendix in Support filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re 154 Appendix in Support, (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s), # 6 Additional Page(s)) (McMahon, Danise) (Entered: 07/23/2012)
Appendix in Support filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re 155 Appendix in Support, (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s)) (McMahon, Danise) (Entered: 07/23/2012)
Appendix in Support filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re 156 Appendix in Support, (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s), # 6 Additional Page(s)) (McMahon, Danise) (Entered: 07/23/2012)
Appendix in Support filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re 157 Appendix in Support, (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s), # 6 Additional Page(s), # 7 Additional Page(s)) (McMahon, Danise) (Entered: 07/23/2012)
Appendix in Support filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re 158 Appendix in Support, (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s), # 6 Additional Page(s)) (McMahon, Danise) (Entered: 07/23/2012)
(Document Restricted) Sealed Appendix in Support re: 159 Appendix in Support, (Sealed pursuant to SO 19-1, statute, or rule) filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s)) (McMahon, Danise) (Entered: 07/23/2012)
(Document Restricted) Sealed Appendix in Support re: 160 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, (Sealed pursuant to SO 19-1, statute, or rule) filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Attachments: # 1 Additional Page(s), # 2 Additional Page(s)) (McMahon, Danise) (Entered: 07/23/2012)
Joint MOTION to Extend Time to File Expert Designations and Comply with Rule 26(A)(2) filed by David Gillman, Stoneeagle Services Inc, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) (Attachments: # 1 Proposed Order) (Trowbridge, Christopher) (Entered: 07/24/2012)
REPLY in Support filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 152 Objections to the Magistrate Judges Findings and Recommendations. (McMahon, Danise) Modified text and linkage on 7/26/2012 (axm). (Entered: 07/25/2012)
RESPONSE filed by Stoneeagle Services Inc re: 152 Response/Objection, (Whitley, Beverly) (Entered: 07/26/2012)
ORDER granting 162 Motion to Extend Time to file Expert Designations. Plaintiffs Designation due 10/1/2012; Defendants Rebuttal Designation due 10/31/2012. (Ordered by Judge Jorge A Solis on 7/31/2012) (chmb) (Entered: 07/31/2012)
Joint MOTION to Extend Time to File Motions for Leave to Amend Pleadings and Motions for Leave to Join Additional Parties filed by David Gillman, Stoneeagle Services Inc, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) (Attachments: # 1 Proposed Order) (Whitley, Beverly) (Entered: 08/06/2012)
RESPONSE filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 146 MOTION for Summary Judgment (Partial) (Attachments: # 1 Brief in Support) (McMahon, Danise) (Entered: 08/06/2012)
ORDER granting 166 Motion to Extend Time to Amend Pleadings and Join Additional Parties. Amended Pleadings and Joinder of Parties due by 8/20/2012. (Ordered by Judge Jorge A Solis on 8/6/2012) (chmb) (Entered: 08/07/2012)
REPLY filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 152 Response/Objection, (McMahon, Danise) (Entered: 08/09/2012)
MOTION for Leave to File First Amended Complaint and Brief filed by Stoneeagle Services Inc (Attachments: # 1 Exhibit(s) Appendix to Plaintiffs Motion for Leave to File First Amended Complaint and Brief, # 2 Exhibit(s) Exhibit A to Appendix) (Whitley, Beverly) (Entered: 08/20/2012)
(Document Restricted) Third-Party Comdata Network, Inc.s Motion for Protective Order and Attorneys Fees (Sealed pursuant to order dated 3/5/2012) filed by Comdata Network, Inc. (Miller, Retta) (Entered: 08/21/2012)
(Document Restricted) Sealed Appendix in Support re: 171 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 3/5/2012) filed by Comdata Network, Inc. (Attachments: # 1 Declaration(s) of Jeffrey Saltman, # 2 Exhibit(s) 1, pt. 1, # 3 Exhibit(s) 1, pt. 2, # 4 Exhibit(s) 2, # 5 Exhibit(s) 3, # 6 Exhibit(s) 4, # 7 Exhibit(s) 5, # 8 Exhibit(s) 6, # 9 Exhibit(s) 7, # 10 Exhibit(s) 8, # 11 Exhibit(s) 9, # 12 Exhibit(s) 10, # 13 Exhibit(s) 11, # 14 Exhibit(s) 12, # 15 Exhibit(s) 13, # 16 Exhibit(s) 14, # 17 Exhibit(s) 15, # 18 Exhibit(s) 16, # 19 Exhibit(s) 17, # 20 Exhibit(s) 18, # 21 Exhibit(s) 19) (Miller, Retta) (Entered: 08/21/2012)
ORDER: Objections to Magistrates Findings & Recommendations overruled and Findings and Recommendations accepted. Accordingly the Court denies 95 MOTION to Dismiss for Lack of Jurisdiction (Ordered by Judge Jorge A Solis on 8/22/2012) (chmb) Modified on 8/28/2012 (gmg). (Entered: 08/23/2012)
ORDER REFERRING 171 Sealed Motion filed by Comdata Network, Inc. Motion referred to Magistrate Judge Renee Harris Toliver. (Ordered by Judge Jorge A Solis on 8/23/2012) (chmb) (Entered: 08/23/2012)
MOTION for Leave to File Supplemental Objections to the Magistrate Judges Findings and Recommendation filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Attachments: # 1 Proposed Order) (McMahon, Danise) (Entered: 08/28/2012)
Appendix in Support filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re 176 MOTION for Leave to File Supplemental Objections to the Magistrate Judges Findings and Recommendation (McMahon, Danise) (Entered: 08/28/2012)
ORDER: The Standing Order of Reference dated 4/11/2012 (Doc. 66) is hereby VACATED. (Ordered by Judge Jorge A Solis on 8/29/2012) (cea) (Entered: 08/30/2012)
RESPONSE filed by Stoneeagle Services Inc re: 176 MOTION for Leave to File Supplemental Objections to the Magistrate Judges Findings and Recommendation (Attachments: # 1 Proposed Order) (Whitley, Beverly) (Entered: 09/05/2012)
RESPONSE filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 170 MOTION for Leave to File First Amended Complaint and Brief (Attachments: # 1 Proposed Order) (McMahon, Danise) (Entered: 09/10/2012)
REPLY filed by Stoneeagle Services Inc re: 1 Motion for Temporary Restraining Order. (Whitley, Beverly) Modified on 10/11/2011 (twd). (Entered: 10/07/2011)
(Document Restricted) Sealed Response re: 171 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 3/5/2012) filed by Stoneeagle Services Inc (Attachments: # 1 Exhibits A-E, # 2 Exhibit F) (Cheek, R) (Entered: 09/11/2012)
Joint MOTION to Extend Time To Enlarge Time to File Expert Designations, Comply with Rule 26(A)(2), and Complete Expert Discovery filed by David Gillman, Stoneeagle Services Inc, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) (Attachments: # 1 Proposed Order) (Whitley, Beverly) (Entered: 09/25/2012)
ORDER: Parties are to meet and confer within seven (7) days of the date of this order and submit a proposed preliminary injunction within 14 days of the date of this order. (Ordered by Judge Jorge A Solis on 9/12/2012) (chmb) (Entered: 09/26/2012)
ORDER granting 182 Motion to Extend Time. All discovery procedures shall be initiated in time to complete expert discovery by 1/4/2013. (Ordered by Judge Jorge A Solis on 9/26/2012) (chmb) (Entered: 09/28/2012)
(Document Restricted) Sealed Reply re: 171 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 3/5/2012) filed by Comdata Network, Inc. (Miller, Retta) (Entered: 09/28/2012)
(Document Restricted) Sealed Appendix in Support re: 185 Sealed and/or Ex Parte Reply/Sur-reply (Sealed pursuant to order dated 3/5/2012) filed by Comdata Network, Inc. (Attachments: # 1 Declaration(s) of Jeffrey Saltman, # 2 Exhibit(s) 1-22 to Saltman Declaration) (Miller, Retta) (Entered: 09/28/2012)
RESPONSE filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 170 MOTION for Leave to File First Amended Complaint and Brief (Attachments: # 1 Proposed Order) (McMahon, Danise) (Entered: 09/28/2012)
PROPOSED PRELIMINARY INJUNCTION (Clarifying) re: 183 Order filed by Stoneeagle Services Inc (Whitley, Beverly) Modified on 10/11/2012 (rlw). (Entered: 10/10/2012)
PROPOSED ORDER re: 183 Order filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (McMahon, Danise) Modified on 10/11/2012 (rlw). (Entered: 10/10/2012)
MOTION to Strike Portions of 188 Plaintiffs Proposed Preliminary Injunction that Exceed the Courts Jurisdiction and Motion for Leave filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) with Brief/Memorandum in Support. (Attachments: # 1 Brief in Support, # 2 Proposed Order, # 3 Proposed Order) (McMahon, Danise). Added MOTION for Leave to File on 10/23/2012 (axm). (Entered: 10/22/2012)
RESPONSE filed by Stoneeagle Services Inc re: 190 MOTION to Strike Portions of 188 Plaintiffs Proposed Preliminary Injunction that Exceed the Courts Jurisdiction. (Whitley, Beverly) Modified text on 10/29/2012 (dsr). (Entered: 10/26/2012)
Joint MOTION to Extend Time of Time filed by David Gillman, Stoneeagle Services Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Attachments: # 1 Proposed Order) (McMahon, Danise) (Entered: 10/29/2012)
ORDER granting 192 Motion to Extend Time. Plaintiff shall file expert designations by 11/15/2012; Defendant shall file expert designations by 12/17/2012. All Fact Discovery due no later than 12/21/2012. (Ordered by Judge Jorge A Solis on 10/30/2012) (chmb) (Entered: 10/30/2012)
*PROPOSED ORDER*Agreed MOTION for Protective Order Third Addendum filed by Stoneeagle Services Inc (Cheek, R) Modified on 11/7/2012 (skt). (Entered: 11/06/2012)
ORDER granting 1 Motion for Preliminary Injunction. (Ordered by Judge Jorge A Solis on 10/14/2011) (chmb) (Entered: 10/14/2011)
ORDER granting 170 Motion for Leave to File First Amended Complaint. ORDERED that current scheduling order is VACATED. Parties to submit Proposed discovery plan within 30 days of NexPays appearance. (Ordered by Judge Jorge A Solis on 11/7/2012) (chmb) (Entered: 11/07/2012)
AGREED Third Addendum to PROTECTIVE ORDER. (Ordered by Judge Jorge A Solis on 11/7/2012) (chmb) (Entered: 11/07/2012)
AMENDED COMPLAINT against All Defendants filed by Stoneeagle Services Inc. Summons(es) not requested at this time. Additional patent/trademark or copyright numbers are added and the clerk should prepare the appropriate report to the Patent/Trademark or Copyright Office to include registrations: Patent: 7,792,686 B2 dated September 7, 2010; Trademark #1: May 20, 2008 - RN 3,432,014; Trademark #2: August 24, 2010 - RN: 3,839,239. (Attachments: # 1 Exhibit(s) A) (Cheek, R) (Entered: 11/07/2012)
Report to Patent/Trademark Office of Answer or Amended Pleading. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (ndt) (Entered: 11/08/2012)
REPLY filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 190 MOTION to Strike Portions of 188 Plaintiffs Proposed Preliminary Injunction that Exceed the Courts JurisdictionMOTION for Leave to File (McMahon, Danise) (Entered: 11/08/2012)
WAIVER OF SERVICE Returned Executed as to NexPay, Inc.. Waiver sent on 11/7/2012. (Cheek, R) (Entered: 11/12/2012)
Unopposed MOTION to Withdraw as Attorney filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (McMahon, Danise) (Entered: 11/14/2012)
NOTICE of Attorney Appearance by E Leon Carter on behalf of David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation). (Filer confirms contact info in ECF is current.) (Carter, E) (Entered: 11/14/2012)
NOTICE of Attorney Appearance by J Robert Arnett, II on behalf of David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation). (Filer confirms contact info in ECF is current.) (Arnett, J) (Entered: 11/14/2012)
NOTICE of Attorney Appearance by Sean T Hamada on behalf of David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation). (Filer confirms contact info in ECF is current.) (Hamada, Sean) (Entered: 11/14/2012)
ORDER that bond in the amount $10,000.00 be deposited into the Registry of the Court by SES. (Ordered by Judge Jorge A Solis on 10/14/2011) (chmb) (Entered: 10/17/2011)
NOTICE of Attorney Appearance by Joshua J Bennett on behalf of David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation). (Filer confirms contact info in ECF is current.) (Bennett, Joshua) (Entered: 11/14/2012)
ORDER granting 201 Motion to Withdraw as Attorney. Attorney Clark Anthony Donat; Paul Flannigan; Catherine Hough; Danise A McMahon; Michael D Pegues; Shawn E Tuma; Lauren Julia Brown and Ruben C DeLeon withdrawn. (Ordered by Judge Jorge A Solis on 11/15/2012) (chmb) (Entered: 11/16/2012)
Opposed Emergency Motion for Extension of Time to Respond to Plaintiffs First Amended Complaint filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Attachments: # 1 Proposed Order Granting Emergency Motion for Extension of Time to Respond to Plaintiffs First Amended Complaint) (Bennett, Joshua) Modified on 11/20/2012 (rlw). (Entered: 11/19/2012)
ORDER: Briefing shall be expedited on 207 Emergency Motion for Extension of Time to Respond to Plaintiffs First Amended Complaint. Response due 11/21/2012 before 10:00 a.m. (Ordered by Judge Jorge A Solis on 11/20/2012) (chmb) (Entered: 11/20/2012)
MOTION to Withdraw as Attorney Jason A. Wietjes filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Wietjes, Jason) (Entered: 11/20/2012)
RESPONSE filed by Stoneeagle Services Inc re: 207 Emergency Motion for Extension of Time to File Answer or Response to Plaintiffs First Amended Complaint (Trowbridge, Christopher) (Entered: 11/21/2012)
ORDER granting 207 Motion for Extension of Time to File Answer to Plaintiffs First Amended Complaint David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation) and Talon Transaction Technologies Inc(a Texas Corporation) answer due 1/7/2013. (Ordered by Judge Jorge A Solis on 11/21/2012) (chmb) (Entered: 11/21/2012)
ORDER granting 209 Motion to Withdraw as Attorney. Attorney Jason A Wietjes withdrawn as counsel. (Ordered by Judge Jorge A Solis on 11/20/2012) (chmb) (Entered: 11/21/2012)
(Document Restricted) Motion to Compel Comdata Network, Inc. (Sealed pursuant to order dated 3/5/2012) filed by Stoneeagle Services Inc (Attachments: # 1 Exhibit(s) Appendix to Plaintiffs Motion to Compel Comdata Network, Inc.) (Cheek, R) (Entered: 12/06/2012)
ORDER REFERRING 213 Motion to Compel to Magistrate Judge David L Horan. (Ordered by Judge Jorge A Solis on 12/7/2012) (ctf) (Entered: 12/07/2012)
(Document Restricted) Motion to Compel Defendants Responses to Plaintiffs Second Set of Interrogatories and Third Request for Production of Documents (Sealed pursuant to order dated 3/5/2012) filed by Stoneeagle Services Inc (Attachments: # 1 Exhibit(s) Appendix to Plaintiffs Motion to Compel Defendants Responses to Plaintiffs Second Set of Interrogatories and Third Request for Production of Documents) (Cheek, R) (Entered: 12/07/2012)
NOTICE of Attorney Appearance by Tabitha Christine Goodwin on behalf of David Gillman, NexPay, Inc., Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation). (Filer confirms contact info in ECF is current.) (Goodwin, Tabitha) (Entered: 12/10/2012)
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation). (Donat, Clark) (Entered: 10/20/2011)
ORDER: Plaintiff and Comdata shall submit a joint status report by 12/20/2012. re: 213 (Document Restricted) Motion to Compel Comdata Network, Inc. (Sealed pursuant to order dated 3/5/2012) (Ordered by Magistrate Judge David L Horan on 12/11/2012) (mcrd) (Entered: 12/11/2012)
ORDER REFERRING 215 Sealed Motion filed by Stoneeagle Services Inc. Motion referred to Magistrate Judge David L Horan. (Ordered by Judge Jorge A Solis on 12/10/2012) (chmb) (Entered: 12/11/2012)
ORDER CONSOLIDATING CASES: Member case(s) 3:12cv4397 consolidated with lead case 3:11-cv-02408. NexPay Inc and StoneEagle Services Inc added to case pursuant to consolidation. Attorneys E Leon Carter, J Robert Arnett, II, Sean T Hamada, Joshua J Bennett for NexPay Inc, Christopher B Trowbridge, Beverly A Whitley, R Heath Cheek, Ross Angus Williams for StoneEagle Services Inc added to case pursuant to consolidation. (Ordered by Judge Jorge A Solis on 12/10/2012) (twd) (Entered: 12/11/2012)
ORDER: The parties shall submit a joint status report by 12/21/2012. re: 215 (Document Restricted) Motion to Compel Defendants Responses to Plaintiffs Second Set of Interrogatories and Third Request for Production of Documents (Sealed pursuant to order dated 3/5/2012) (See order for specifics) (Ordered by Magistrate Judge David L Horan on 12/12/2012) (mcrd) (Entered: 12/12/2012)
RESPONSE to StoneEagles Motion to Dismiss filed by NexPay Inc (Arnett, J) Modified on 12/18/2012 (skt). (Entered: 12/17/2012)
Joint STATUS REPORT filed by Comdata Network, Inc., Stoneeagle Services Inc. (Whitley, Beverly) (Entered: 12/20/2012)
Joint STATUS REPORT filed by David Gillman, Stoneeagle Services Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation). (Attachments: # 1 Exhibit(s) Appendix) (Whitley, Beverly) (Entered: 12/21/2012)
Appendix in Support filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re 223 Status Report, (Goodwin, Tabitha) (Entered: 12/21/2012)
Reply filed by Stoneeagle Services Inc re: 221 Defendant NexPays Response to Plaintiffs Motion to Dismiss. (Motion to Dismiss filed as Doc. 8 in 3:12-cv-4397). (Cheek, R) Modified text on 12/27/2012 (axm). (Entered: 12/27/2012)
(Document Restricted) Sealed ORDER denying without prejudice sealed motion 213 . (See order for specifics) (Ordered by Magistrate Judge David L Horan on 12/28/2012) (mcrd) (Entered: 12/28/2012)
Motion to Dismiss for Failure to State a Claim filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Granting Defendants Consolidated Motion to Dismiss Plaintiffs Claim for Contributory Infringement and for More Definite Statement) (Bennett, Joshua) (Entered: 01/07/2013)
DISREGARD - DUPLICATE ENTRY OF DOC. 227. Motion to Dismiss for Failure to State a Claim filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Granting Defendants Consolidated Motion to Dismiss Plaintiffs Claims for Contributory Infringement and for More Definite Statement) (Hamada, Sean) Modified on 1/8/2013 (dsr). (Entered: 01/07/2013)
(Document Restricted) Sealed ORDER granting in part and denying in part sealed motion 215 . (See order for specifics) (Ordered by Magistrate Judge David L Horan on 1/11/2013) (mcrd) (Entered: 01/11/2013)
(Document Restricted) Sealed ORDER re: 171 Motion for Protective Order and Attorneys Fees. No later than 1/29/2013, Plaintiff and Comdata are ORDERED to confer and then jointly submit a chart which clearly identifies each of the disputed documents by Bates stamped number. (Ordered by Magistrate Judge Renee Harris Toliver on 1/22/2013) (mcrd) (Entered: 01/22/2013)
RESPONSE filed by Stoneeagle Services Inc re: 228 Motion to Dismiss for Failure to State a Claim (Whitley, Beverly) (Entered: 01/28/2013)
Joint Submission of Disputed Documents Produced by Third-Party Comdata Network, Inc. filed by Comdata Network, Inc., Stoneeagle Services Inc. (Cheek, R) Modified on 1/30/2013 (skt). (Entered: 01/29/2013)
(Document Restricted) Sealed Appendix in Support re: 232 Status Report (Sealed pursuant to order dated 3/5/2012) filed by Comdata Network, Inc., Stoneeagle Services Inc (Cheek, R) (Entered: 01/29/2013)
MOTION to Compel Responses to First Consolidated Discovery Requests and Brief in Support filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) with Brief/Memorandum in Support. (Hamada, Sean) (Entered: 01/29/2013)
Appendix in Support filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re 234 MOTION to Compel Responses to First Consolidated Discovery Requests and Brief in Support (Attachments: # 1 Exhibit(s) Exhibit 1, # 2 Exhibit(s) Exhibits 2 and 3, # 3 Proposed Order) (Hamada, Sean) (Entered: 01/29/2013)
ORDER REFERRING 234 Motion to Compel, filed by David Gillman, Talon Transaction Technologies Inc. Motion referred to Magistrate Judge David L Horan. (Ordered by Judge Jorge A Solis on 1/30/2013) (chmb) (Entered: 01/30/2013)
MOTION to Compel Plaintiffs Responses to First Consolidated Discovery Requests and Brief in Support filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Hamada, Sean) (Entered: 01/30/2013)
Appendix in Support filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re 237 MOTION to Compel Plaintiffs Responses to First Consolidated Discovery Requests and Brief in Support (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2 and 3) (Hamada, Sean) (Entered: 01/30/2013)
ORDER: The parties shall submit a joint status report by 2/11/2013. re: 237 MOTION to Compel Plaintiffs Responses to First Consolidated Discovery Requests and Brief in Support, 234 MOTION to Compel Responses to First Consolidated Discovery Requests and Brief in Support (See order for specifics) (Ordered by Magistrate Judge David L Horan on 1/30/2013) (mcrd) (Entered: 01/30/2013)
Joint MOTION to Enlarge Time to Submit Proposed Discovery Plan Pursuant to Rule 26(f) filed by David Gillman, Stoneeagle Services Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation), NexPay Inc. (Attachments: # 1 Proposed Order) (Whitley, Beverly) Modified text on 2/6/2013 (axm). (Entered: 02/05/2013)
REPLY filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 227 Motion to Dismiss for Failure to State a Claim (Bennett, Joshua) (Entered: 02/08/2013)
MOTION for Order to Show Cause Why Defendants Should Not Be Held in Contempt re 16 Order on Motion for Discovery, Order on Motion for TRO filed by Stoneeagle Services Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Trowbridge, Christopher) (Entered: 11/18/2011)
Proposal for contents of scheduling and discovery order and Plaintiffs Request for a Status Conference by David Gillman, NexPay Inc, Stoneeagle Services Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation). (Whitley, Beverly) (Entered: 02/08/2013)
STATUS REPORT on Defendants Motion to Compel Plaintiffs Responses to Defendants First Set of Consolidated Discovery Requests filed by David Gillman, NexPay Inc, StoneEagle Services Inc, Stoneeagle Services Inc, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation). (Goodwin, Tabitha) (Entered: 02/11/2013)
Appendix in Support filed by David Gillman, NexPay Inc, StoneEagle Services Inc, Stoneeagle Services Inc, Talon Transaction Technologies Inc(a Texas Corporation), Talon Transaction Technologies Inc(an Oklahoma Corporation) re 244 Status Report, 238 Appendix in Support, Supplement (Goodwin, Tabitha) (Entered: 02/11/2013)
ORDER denying 42 Motion for Order to Show Cause; granting 50 Motion for Clarification of the Preliminary Injunction; denying 96 Motion to Partially Dismiss the Second Amended Answer and Counterclaims; Partially adopting 144 Findings and Recommendations and granting 146 Motion for Summary Judgment. Also granting 176 Motion for Leave to File Supplemental Objections; granting 190 Motion to Strike; denying 190 Motion for Leave to File. Plaintiff to provide a bond in the amount of $100,000.00 for clarified preliminary injunction. Court GRANTS Motion to Dismiss 8 Original Complaint in case no 3:12-cv-4397. (Ordered by Judge Jorge A Solis on 2/19/2013) (chmb) (Entered: 02/20/2013)
(Document Restricted) Sealed Request for Clarification and Motion for Reconsideration of the Courts Denial in Part of Its Motion for a Protective Order (Sealed pursuant to order dated 3/5/2012) filed by Comdata Network, Inc. (Miller, Retta) (Entered: 02/20/2013)
(Document Restricted) Sealed Appendix in Support re: 247 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 3/5/2012) filed by Comdata Network, Inc. (Attachments: # 1 Affidavit(s) Ables Affidavit) (Miller, Retta) (Entered: 02/20/2013)
ORDER granting in part and denying in part 237 Motion to Compel. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 2/25/2013) (mcrd) (Entered: 02/25/2013)
NOTICE OF INTERLOCUTORY APPEAL to the Federal Circuit as to 246 Order by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation). Filing fee $455, receipt number 0539-5150869. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (Hamada, Sean) Modified text on 3/4/2013 (axm). (Entered: 02/28/2013)
MOTION to Stay re 246 Order on Motions filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order, # 2 Proposed Order) (Hamada, Sean) Modified text on 3/8/2013 (axm). (Entered: 02/28/2013)
Defendants Original ANSWER to 2 Complaint,, with Jury Demand filed by Talon Transaction Technologies Inc(a Texas Corporation), David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation). Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. Additional patent/trademark or copyright numbers are added and the clerk should prepare the appropriate report to the Patent/Trademark or Copyright Office to include registrations: TXu001737894, 2009-06-25, TXu000680105, 1995-03-07., Unopposed COUNTERCLAIM Application for Temporary Restraining Order, Temporary Injunction and Permanent Injunction against Stoneeagle Services Inc filed by Talon Transaction Technologies Inc(a Texas Corporation), David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation) (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Exhibit(s), # 11 Exhibit(s)) (Pegues, Michael) Modified restriction level of Exhibit 10 on 12/7/2011, Attorney filed in error (ctf). (Entered: 11/21/2011)
Appendix in Support filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re 251 MOTION to Stay re 246 Order on Motion for Order to Show Cause,,, Order on Motion for Miscellaneous Relief,,, Order on Motion to Dismiss,,, Order on Findings and Recommendations on Case,,, Order on Motion for Summary Judgment,,, Order on Motion for Emergency Motion to Immediately Stay the Preliminary Injunction Pending Plaintiffs Response to the Motion and Pending Appeal, and Motion to Stay Pending Appeal with Brief in Support (Attachments: # 1 Exhibit(s) 1 and 1-A) (Hamada, Sean) (Entered: 02/28/2013)
ORDER: Court believes it appropriate to expedite briefing on Emergency Motion to Stay. Response due March 7, 2013. Replies, if any, due by March 14, 2013. (Ordered by Judge Jorge A Solis on 3/1/2013) (chmb) (Entered: 03/01/2013)
NOTICE of Service of Disclosure of Asserted Claims and Preliminary Infringement Contentions and Related Document Production filed by Stoneeagle Services Inc (Whitley, Beverly) (Entered: 03/01/2013)
*DISREGARD filed in error, counsel will refile* MOTION for Reconsideration re 246 Order filed by Stoneeagle Services Inc with Brief/Memorandum in Support. (Whitley, Beverly) Modified on 3/4/2013 (twd). (Entered: 03/04/2013)
MOTION for Reconsideration re 246 Order filed by Stoneeagle Services Inc with Brief/Memorandum in Support. (Whitley, Beverly) Modified text on 3/5/2013 (axm). (Entered: 03/04/2013)
RESPONSE filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 256 MOTION for Reconsideration re 246 Order (Hamada, Sean) (Entered: 03/05/2013)
Transmittal Letter to US Federal Circuit Court of Appeals: Copy of the Notice of Appeal, Order and certified copy of the docket sheet transmitted (related to 250 appeal). Shipped: Fed Ex (9612019) 2962322 15010962. (axm) Modified text on 3/7/2013 (axm). (Entered: 03/06/2013)
RESPONSE filed by Stoneeagle Services Inc re: 251 MOTION to Stay re 246 Order on Motions. (Whitley, Beverly) (Entered: 03/07/2013)
OBJECTION filed by Stoneeagle Services Inc re: 249 Order on Motion to Compel, (Attachments: # 1 Exhibit(s) Appendix) (Whitley, Beverly) (Entered: 03/11/2013)
*DISREGARD*Wrong PDF attached - MOTION to Withdraw as Attorney Tabitha Goodwin filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Attachments: # 1 Proposed Order) (Hamada, Sean) Modified on 3/13/2013 (svc). (Entered: 03/12/2013)
*DISREGARD*Wrong PDF attached - MOTION to Withdraw as Attorney Tabitha Goodwin filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Hamada, Sean) Modified on 3/13/2013 (svc). (Entered: 03/13/2013)
MOTION to Withdraw as Attorney Tabitha Goodwin filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Attachments: # 1 Proposed Order) (Hamada, Sean) (Entered: 03/13/2013)
(Document Restricted) Sealed Response re: 247 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 3/5/2012) filed by Stoneeagle Services Inc (Attachments: # 1 Appendix) (Trowbridge, Christopher) (Entered: 03/13/2013)
REPLY filed by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 251 MOTION to Stay re 246 Order on Motions (Hamada, Sean) (Entered: 03/14/2013)
Certificate of Conference to Motion for Withdrawal of Tabitha Goodwin filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Hamada, Sean) Modified on 3/18/2013 (mcrd). (Entered: 03/14/2013)
ORDER granting 263 Motion for Withdrawal of Attorney. Attorney Tabitha Goodwin terminated. (Ordered by Judge Jorge A Solis on 3/18/2013) (chmb) (Entered: 03/18/2013)
REPLY filed by Stoneeagle Services Inc re: 256 MOTION for Reconsideration re 246 Order (Whitley, Beverly) (Entered: 03/19/2013)
ORDER denying 251 Motion to Stay and 256 Motion for Reconsideration. (Ordered by Judge Jorge A Solis on 3/20/2013) (chmb) (Entered: 03/21/2013)
AMENDED NOTICE OF INTERLOCUTORY APPEAL to the Federal Circuit as to 250 Notice of Appeal,, by David Gillman, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation). Copy of NOA to be sent US Mail to parties not electronically noticed. (Bennett, Joshua) (Entered: 03/22/2013)
Transmission of Copy of 271 notice of appeal, order (and/or opinion) from which the appeal action is taken, anda certified copy of the docket sheet to U.S. Federal Circuit Court of Appeals (svc) (Entered: 03/22/2013)
(Document Restricted) Sealed Reply re: 247 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 3/5/2012) filed by Comdata Network, Inc. (Miller, Retta) (Entered: 03/27/2013)
RESPONSE filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) re: 260 Response/Objection (Bennett, Joshua) (Entered: 04/01/2013)
ORDER denying 227 Motion to Dismiss and Motion for a More Definite Statement. (Ordered by Judge Jorge A Solis on 4/10/2013) (chmb) (Entered: 04/10/2013)
REPLY filed by Stoneeagle Services Inc re: 260 Response/Objection (Whitley, Beverly) (Entered: 04/15/2013)
NOTICE of Compliance with P.R. 3-3 and 3-4 filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Bennett, Joshua) (Entered: 04/22/2013)
SCHEDULING ORDER: Patent scheduling order - see attached order regarding deadlines. (Ordered by Judge Jorge A Solis on 4/24/2013) (chmb) (Entered: 04/24/2013)
ANSWER to 197 Amended Complaint,, with Jury Demand filed by David Gillman, NexPay Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation). Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. (Bennett, Joshua) (Entered: 04/24/2013)
Joint MOTION to Amend/Correct 278 Order (Scheduling Order) filed by David Gillman, NexPay Inc, Stoneeagle Services Inc, Talon Transaction Technologies Inc(an Oklahoma Corporation), Talon Transaction Technologies Inc(a Texas Corporation) (Trowbridge, Christopher) (Entered: 05/01/2013)
AMENDED SCHEDULING ORDER granting 280 Joint Motion to Modify Scheduling Order. (Ordered by Judge Jorge A Solis on 5/2/2013) (chmb) Modified on 5/2/2013 (skt). (Entered: 05/02/2013)

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Patents In Case

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