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10-2243 - Square, Inc. et al v. REM Holdings 3, LLC


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10-2243 - Square, Inc. et al v. REM Holdings 3, LLC
March 16, 2011
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MEMORANDUM AND ORDER: Accordingly, it is hereby ORDERED that the motion to disqualify David H. Chervitz from representing defendant REM Holdings 3, LLC in this case is GRANTED for violation of Missouri Supreme Court Rules 4-1.9(a) and 4-3.7. IT IS FURTHER ORDERED that defendant is granted 21 days to hire new counsel. IT IS FURTHER ORDERED that sanctions will be imposed against David H. Chervitz for the reasonable attorneys fees and costs incurred by plaintiffs to present this motion, and plaintiffs are granted 21 days to submit an affidavit in support of those fees and costs. IT IS FURTHER ORDERED that the Clerk of the Court shall forward this order and memorandum to the Office of Chief Disciplinary Counsel of the Supreme Court of Missouri for its further consideration. Signed by Honorable Stephen N. Limbaugh, Jr on 3/16/11. (LGK) Modified on 6/17/2016 (CSG) - SEE ORDER OF 6/17/16 (doc. #357) - This Court grants the motion to vacate sanctions only to the extent of the imposition of the $15,000 monetary sanction, and this Court denies the motion to vacate to the extent that it applies to the disqualification of Mr. Chervitz.
October 17, 2011
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MEMORANDUM AND ORDER - Accordingly, the Motion to Stay Litigation Pending Reexamination of the Patents-in-Suit is granted, and the case is stayed. Defendant is granted leave to file a motion to lift the stay when the PTO completes its inter partes reexamination and before any appeal is taken. Defendant's request for limited discovery is denied. All other pending motions are denied as moot, without prejudice. Signed by Honorable Stephen N. Limbaugh, Jr on 10/17/11. (LAH)
March 13, 2014
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the clerk shall re-title the instant motion (#110) as Objection or Opposition to Exhibits A and B of Joint Status Report on the docket sheet. IT IS FURTHER ORDERED that the parties shall file a Joint Status Report as to the procedural posture of this case no later than May 1, 2014. Status Report due by 5/1/2014.. Signed by District Judge Stephen N. Limbaugh, Jr on 3/13/14. (MRS)
July 16, 2014
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MEMORANDUM AND ORDER re:126 MOTION to Consolidate Cases Plaintiffs' Motion to Consolidate with Civil Case No. 14-CV-00172 Consolidate with higher case number 4:14-cv-00172 filed by Plaintiff James McKelvey, Jr., Plaintiff Square, Inc.; motion is GRANTED. IT IS HEREBY ORDERED that plaintiffs' Motion to Consolidate (#126) is GRANTED. IT IS FURTHER ORDERED that Case No. 4:14-cv-172 CDP shall be consolidated with this case, No. 4:10-cv-2243 SNLJ. IT IS FINALLY ORDERED that although Case No. 4:10-cv-2243 is presently stayed, such stay does not apply to the claims brought in Case No. 4:14-cv-172. Signed by District Judge Stephen N. Limbaugh, Jr on 7/16/14. (CSG)
April 2, 2015
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MEMORANDUM AND ORDER re:(49 in 4:14-cv-00172-SNLJ) MOTION to Stay Patent Claims filed by Defendant James McKelvey, Jr., Defendant Jack Dorsey, Defendant Square, Inc. motion is GRANTED. IT IS HEREBY ORDERED that defendant Square's motion to stay (#49) is GRANTED. IT IS FURTHER ORDERED that Counts 4, 10, and 11 are STAYED. IT IS FINALLY ORDERED that, in light of this Court's consolidation of 4:10cv2243 and 4:14cv172, the parties shall file all documents in case number 4:10cv2243. Signed by District Judge Stephen N. Limbaugh, Jr on 4/2/15. Associated Cases: 4:10-cv-02243-SNLJ, 4:14-cv-00172-SNLJ(CSG)
September 4, 2015
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MEMORANDUM AND ORDER re:175 MOTION for Relief PLAINTIFFS' MOTION REQUESTING THE COURT TO ORDER DEFENSE COUNSEL TO ADHERE TO STANDARDS OF PROFESSIONAL CONDUCT AND TO CEASE VEXATIOUS LITIGATION CONDUCT filed by Defendant REM Holdings 3, LLC, Consolidated Filer Plaintiff Robert E. Morley, Jr. motion is DENIED as moot. Signed by District Judge Stephen N. Limbaugh, Jr on 9/4/15. (MRS)
September 10, 2015
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MEMORANDUM AND ORDER re:145 MOTION to Lift Stay PLAINTIFFS ROBERT E. MORLEY, JR. AND REM HOLDINGS 3, LLC'S MOTION TO LIFT STAY AND MEMORANDUM IN SUPPORT filed by Defendant REM Holdings 3, LLC, Consolidated Filer Plaintiff Robert E. Morley, Jr. IT IS HEREBY ORDERED that plaintiffs' motion to lift stay (#145) is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 9/10/15. (CSG)
November 6, 2015
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MEMORANDUM AND ORDER re:168 MOTION to Compel PLAINTIFFS ROBERT E. MORLEY, JR. AND REM HOLDINGS 3, LLC'S MOTION TO COMPEL filed by Defendant REM Holdings 3, LLC, Consolidated Filer Plaintiff Robert E. Morley, Jr. IT IS HEREBY ORDERED that plaintiffs' motion to compel (#168) is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that defendants shall produce in camera the 25 documents to which defendants refer at page 6 of their response memorandum (#177) within seven days. IT IS FINALLY ORDERED that with respect to plaintiffs' Interrogatories 4, 5, and 24, defendants should provide the information plaintiffs seek or explain to the Court why it is not feasible within fourteen days. Signed by District Judge Stephen N. Limbaugh, Jr on 11/6/15. (CSG)
November 18, 2015
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MEMORANDUM AND ORDER re:226 MOTION for Protective Order filed by Defendant REM Holdings 3, LLC, Consolidated Filer Plaintiff Robert E. Morley, Jr., 192 MOTION to Compel / DEFENDANTS' MOTIONS TO COMPEL DISCOVERY FROM PLAINTIFFS AND THIRD PARTIES DAVID CHERVITZ AND WILLIAM CUNNINGHAM filed by Counter Defendant James McKelvey, Jr., Consolidated Filer Defendant Jack Dorsey, Counter Defendant Square, Inc. IT IS HEREBY ORDERED that defendants' motion to compel (#192) is DENIED in part and GRANTED in part. IT IS FURTHER ORDERED that plaintiffs shall comply with the terms of this memorandum regarding production of redacted documents no later than seven days from the date of this Order. IT IS FURTHER ORDERED that plaintiffs shall produce in camera within seven days the documents withheld on the basis of attorney-client privilege that do not include an attorney as a recipient or sender. IT IS FINALLY ORDERED that plaintiffs' motion for a protective order (#226) is GRANTED in part and DENIED in part as discussed herein. Signed by District Judge Stephen N. Limbaugh, Jr on 11/18/15. (CSG)
November 18, 2015
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MEMORANDUM AND ORDER re:261 MOTION to Amend/Correct PLAINTIFFS' MOTION TO MODIFY THE CASE MANAGEMENT ORDER filed by Defendant REM Holdings 3, LLC, Consolidated Filer Plaintiff Robert E. Morley, Jr., 264 Cross MOTION to Amend/Correct 155 Case Management Order - Amended, 261 MOTION to Amend/Correct PLAINTIFFS' MOTION TO MODIFY THE CASE MANAGEMENT ORDER / DEFENDANTS' CROSS-MOTION TO MODIFY THE CASE MANAGEMENT ORDER filed by Counter Defendant James McKelvey, Jr., Consolidated Filer Defendant Jack Dorsey, Counter Defendant Square, Inc. IT IS FURTHER ORDERED that parties' cross motions to amend the case management order (#261, #264) are GRANTED in part and DENIED in part as set forth in the memorandum. (ADR Completion Deadline due by 12/18/2015, ADR Compliance Report Deadline due by 1/4/2016, Discovery Completion due by 11/25/2015, Dispositive Motions due by 1/20/2016, Non-Dispositive Motions due by 1/20/2016.) Signed by District Judge Stephen N. Limbaugh, Jr on 11/18/15. (CSG)
January 4, 2016
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MEMORANDUM AND ORDER re:276 MOTION to Compel filed by Defendant REM Holdings 3, LLC, Consolidated Filer Plaintiff Robert E. Morley, Jr...IT IS HEREBY ORDERED that plaintiffs motion to compel (#276) is GRANTED in part and DENIED in part, as described herein.. Signed by District Judge Stephen N. Limbaugh, Jr on 1/4/16. (MRS)
January 11, 2016
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AMENDED MEMORANDUM AND ORDER re Memorandum and Order (doc. #285). Signed by District Judge Stephen N. Limbaugh, Jr on 1/11/16. (CSG)
February 1, 2016
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**WITHDRAWN BY ORDER OF 2/10/16 (DOC. #313)** MEMORANDUM AND ORDER re:283 MOTION to Strike 257 Order, DEFENDANTS' MOTION TO STRIKE PLAINTIFFS' NOVEMBER 25, 2015 SUPPLEMENTAL RESPONSES TO DEFENDANTS' INTERROGATORY NUMBER FIVE filed by Counter Defendant James McKelvey, Jr., Consolidated Filer Defendant Jack Dorsey, Counter Defendant Square, Inc. IT IS HEREBY ORDERED that defendants' motion to strike plaintiffs' November 25, 2015 supplemental responses to defendants' Interrogatory No. 5 (#283) is DENIED in part and GRANTED in part as explained herein. IT IS FURTHER ORDERED that the defendants shall submit a proposal forextending the period for discovery related to Trade Secret #2 and for briefing on the Trade Secret aspects of defendants' summary judgment motion no later than February 5, 2016. Signed by District Judge Stephen N. Limbaugh, Jr on 2/1/16. (CSG) Modified on 2/10/2016 (CSG).
April 22, 2016
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MEMORANDUM AND ORDER re:296 MOTION for Summary Judgment / DEFENDANTS' MOTION FOR SUMMARY JUDGMENT filed by Counter Defendant James McKelvey, Jr., Consolidated Filer Defendant Jack Dorsey, Counter Defendant Square, Inc. IT IS HEREBY ORDERED that defendants' motion for summary judgment (#296) is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 4/22/16. (CSG) (Main Document 351 replaced on 4/22/2016 with copy that contains signature and NEF regenerated) (CSG).
April 29, 2016
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MEMORANDUM AND ORDER re:314 MOTION to Exclude IN PART THE EXPERT TESTIMONY OF JAMES E. MALACKOWSKI filed by Counter Defendant James McKelvey, Jr., Consolidated Filer Defendant Jack Dorsey, Counter Defendant Square, Inc. IT IS HEREBY ORDERED that defendants' motion to exclude in part the testimony of James Malackowski (#314) is GRANTED. Signed by District Judge Stephen N. Limbaugh, Jr on 4/29/16. (CSG)
May 11, 2016
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MEMORANDUM AND ORDER re:327 MOTION to Exclude IN PART THE EXPERT TESTIMONY OF DR. DANIEL ENGELS filed by Defendant REM Holdings 3, LLC, Consolidated Filer Plaintiff Robert E. Morley, Jr. IT IS HEREBY ORDERED that plaintiffs' motion to exclude in part the testimony of Dr. Daniel Engels (#327) is GRANTED in part and DENIED in part, as described herein. Signed by District Judge Stephen N. Limbaugh, Jr on 5/11/16. (CSG)