Computer Programs and Systems, Inc. et al v. Wazu Holdings, Inc. et al
Court Docket Sheet

Southern District of Alabama

1:2015-cv-00405 (alsd)

COMPLAINT against All Defendants (Filing fee $400 receipt number 1128-1778511, Online Credit Card Payment), filed by Computer Programs and Systems, Inc., Evident, LLC.

Case 1:15-cv-00405-KD-N Document 1 Filed 08/10/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA COMPUTER PROGRAMS AND) SYSTEMS, INC. AND EVIDENT) LLC))) Plaintiff,)) v.) Civil Action No. CV-________)) WAZU HOLDINGS, INC. AND) STRUCK TRIAL BY JURY EVIDENT, INC.) DEMAND) Defendant.) COMPLAINT FOR DECLARATORY JUDGMENT Plaintiffs, Computer Programs and Systems, Inc. ("CPSI") and Evident, LLC, for their Complaint for Declaratory Judgment against Defendants Wazu Holdings, Inc. ("Wazu") and Evident, Inc. state as follows: NATURE OF ACTION 1. This Complaint seeks a declaration under the Declaratory Judgment Act, 28 U.S.C. §2201-02, to settle an actual controversy between Plaintiffs CPSI and Evident, LLC and Defendants Wazu and Evident, Inc. regarding trademarks used in connection with the sale of certain software. In particular, Plaintiffs request that this Court enter a judgment declaring that Plaintiffs’ EVIDENT mark does not infringe Defendants’ EVIDENT mark. {03328349.1} Case 1:15-cv-00405-KD-N Document 1 Filed 08/10/15 Page 2 of 9 THE PARTIES 2. CPSI is a corporation organized and existing under the laws of the State of Delaware with its principal place of business at 6600 Wall Street, Mobile, Alabama 36695. CPSI is a provider of healthcare solutions for community hospitals. 3. Evident, LLC is a limited liability company organized and existing under the laws of the State of Delaware with its principal place of business at 6600 Wall Street, Mobile Alabama 36695. Evident, LLC is a wholly owned subsidiary of CPSI and a provider of electronic health records solutions for rural and community hospitals. 3. Upon information and belief, Wazu is a corporation with its principal place of business at 101 East 2nd Avenue, Vancouver, V5T 1B4, British Columbia, CANADA. Upon information and belief, Wazu is a supplier of dental supplies throughout the United States. 4. Upon information and belief, Evident, Inc. is a corporation with its principal place of business at 18503 RPO West Georgia, 710 Granville Street, Vancouver, V6Z 0B3, British Columbia, CANADA. Upon information and belief, Evident, Inc. is a subsidiary of Wazu and a provider of dental lab management software throughout the United States. {03328349.1} 2 Case 1:15-cv-00405-KD-N Document 1 Filed 08/10/15 Page 3 of 9 JURISDICTION AND VENUE 5. The Court has subject matter jurisdiction over this action under 28 U.S.C. § 1331 and 28 U.S.C. § 1338, and Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202. 6. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b) because a substantial part of the events or omissions giving rise to the claim occurred in this District. 7. This Court has personal jurisdiction over the Defendants because they have, inter alia, transacted business within this District, including offering for sale and distributing dental supplies and dental lab management software. BACKGROUND 8. CPSI was founded in Mobile, Alabama in 1979. CPSI is a leading provider of healthcare solutions for community hospitals. In particular, CPSI provides comprehensive electronic health record (EHR) solutions for community, rural and critical access hospitals and managed Internet technology services to rural and community healthcare organizations. 9. On October 14, 2014, CPSI filed trademark application serial no. 86/423,651 ("the'651 application") for the mark EVIDENT for "Electronic database management, namely, capturing and managing medical and health records {03328349.1} 3 Case 1:15-cv-00405-KD-N Document 1 Filed 08/10/15 Page 4 of 9 in electronic format; Medical claims management services, namely, receiving and data entry of transactions that are originated by physicians, hospitals, and ancillary medical care providers; Managed care services, namely, electronic processing of health care information; Management and compilation of computerized databases; Medical billing support services" and "Application service provider, namely, hosting, managing, developing, analyzing, and maintaining applications and software in the field of Internet-based electronic health record (EHR) management software to automate, enter, access, and transmit clinical data; Providing an interactive web site featuring technology that enables users to enter, access, track, monitor and generate health and medical information and reports; Software as a service (SAAS) services featuring software for managing electronic health records" (collectively, " the EHR Services"). The'651 application was based upon CPSI’s intent to use the EVIDENT mark in connection with the EHR services. 10. On October 15, 2014, CPSI acquired from CAP Digisoft Solutions, Inc. ("CAP") all of CAP’s right, title and interest in the mark EVIDENT for use in connection with software for use in the field of healthcare, including all associated goodwill. CPSI purchased the EVIDENT mark in anticipation of forming a subsidiary from which it intended to supply its EHR solutions under the EVIDENT mark. {03328349.1} 4 Case 1:15-cv-00405-KD-N Document 1 Filed 08/10/15 Page 5 of 9 11. At the time of CPSI’s acquisition of the EVIDENT mark, CAP owned U.S. Federal Trademark Registration No. 3,830,441 ("the'411 Registration") for the mark EVIDENT for "on-line non-downloadable software for use on a computer network used to access, search, sort, group, produce, print and review information and documents through the internet used in the fields of law, healthcare, government, insurance and corporations." The'411 Registration is based upon trademark application serial no. 77/772,394, filed on July 1, 2009, claiming a date of first use of March 1, 2009. 12. In 2015, CPSI formed Evident, LLC for providing the EHR solutions previously sold by CPSI under the CPSI name. Evident, LLC provides patient centered and community focused electronic health record systems for more than 650 community, rural and critical access hospitals. 13. Evident, LLC offers its EHR solutions under the trademarks EVIDENT, THRIVE and LIKEMIND. The THRIVE EHR solution is a complete information and patient care system combined with comprehensive implementation and training services. The LIKEMIND EHR solution is a collaborative support model for the THRIVE EHR solution which delivers proactive service from Evident, LLC’s staff of healthcare and business professionals. The THRIVE EHR solution and the LIKEMIND EHR solution are offered under the EVIDENT brand. {03328349.1} 5 Case 1:15-cv-00405-KD-N Document 1 Filed 08/10/15 Page 6 of 9 14. On August 5, 2015, Evident, LLC received a letter from counsel for Wazu. A copy of the letter is attached hereto as Exhibit A. In the letter, Wazu’s counsel represented that Wazu recently acquired Evident, Inc., a proprietor of a dental lab management software branded under the mark EVIDENT, and alleged that Evident, LLC’s use of EVIDENT for EHR software infringed Wazu’s use of EVIDENT for dental lab management software. Wazu’s counsel demanded that Evident, LLC abandon its trademark application for EVIDENT, assign its www.evident.com domain name to Wazu and cease its alleged infringement of Wazu’s EVIDENT mark. Wazu’s counsel represented that if these demands were not met by August 10, 2015, Wazu would consider all legal action, including but not limited to, filing a petition to cancel CPSI’s EVIDENT trademark registration once it issues. COUNT I DECLARATORY JUDGMENT 15. Plaintiffs reallege all previous paragraphs of this Complaint for Declaratory Judgment as if fully set forth herein. 16. Plaintiffs’ offer EHR software to community hospitals under the mark EVIDENT. 17. Defendants allege that they own the mark EVIDENT for dental lab management software. Defendants further allege that Plaintiffs’ use of the mark {03328349.1} 6 Case 1:15-cv-00405-KD-N Document 1 Filed 08/10/15 Page 7 of 9 EVIDENT in connection EHR management software infringes Defendants’ rights in the mark EVIDENT for dental lab management software and will cause consumer confusion in the marketplace. 18. Defendants have demanded that Plaintiffs cease use of the EVIDENT mark in connection with EHR management software and have threatened to cancel Plaintiffs’ EVIDENT trademark application. 19. Plaintiffs’ use of the mark EVIDENT in connection with EHR software has not caused any confusion among the relevant market with respect to Defendants’ EVIDENT dental lab management software and is not likely to cause consumer confusion in the marketplace. Plaintiffs do not intend to cease use of the EVIDENT mark in connection with EHR management software and intend to register their EVIDENT mark on the Principal Register of the U.S. Patent & Trademark Office. 20. Because of Defendants’ demand, Plaintiffs are under an imminent apprehension of litigation for their continued use of the EVIDENT mark in connection with EHR management software. Plaintiffs have no other existing, speedy, adequate or proper remedy other than a declaration and determination of the parties’ rights as prayed for herein. PRAYER FOR RELIEF {03328349.1} 7 Case 1:15-cv-00405-KD-N Document 1 Filed 08/10/15 Page 8 of 9 WHEREFORE, CPSI and Evident, LLC request this Court, pursuant to its authority under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, to enter a judgment declaring as follows: 1. that CPSI and Evident, LLC, by their use of the EVIDENT mark, have not infringed and do not infringe or violate any purported right of Defendants in their EVIDENT mark; 2. that CPSI and Evident, LLC’s use of the EVIDENT mark is lawful; 3. that Defendants will not be damaged by the registration by Plaintiffs of the EVIDENT mark for the EHR Services on the Principal Register of the U.S. Patent & Trademark Office, U.S. Trademark Application Ser. No. 86/423,651; 4. that Plaintiffs’ use of the EVIDENT mark in connection with the EHR Services does not and will not infringe or violate any purported right of Defendants in their EVIDENT mark; 5. that no likelihood of confusion exists between Plaintiffs’ use of the EVIDENT mark in connection with the EHR Services and Defendants’ use of the EVIDENT mark in connection with dental lab management software. 6. that this is an exceptional case and award Plaintiffs their full costs and reasonable attorneys’ fees pursuant to 15 U.S.C. § 1117; and 7. award such other relief that the Court deems just and proper. PLAINTIFFS DEMAND TRIAL BY STRUCK JURY {03328349.1} 8 Case 1:15-cv-00405-KD-N Document 1 Filed 08/10/15 Page 9 of 9 Plaintiffs hereby demand a trial by jury of all issues in this case. DATED this 10th day of August, 2015. Respectfully submitted,/s/J. Walton Jackson J. Walton Jackson (JACKJ1045) wjackson@maynardcooper.com Scott S. Brown (ASB-7762-B65S) scottbrown@maynardcooper.com C. Bandon Browning (ASB-8933-W78C) bbrowning@maynardcooper.com Attorneys for Plaintiffs Computer Programs and Systems, Inc. and Evident, LLC OF COUNSEL: Maynard, Cooper & Gale, P.C. 11 North Water Street, Suite 27000 Mobile, AL 36602 Phone: 251.432.0001 Fax: 251.432.0007 Maynard, Cooper & Gale, P.C. 2400 Regions/Harbert Plaza 1901 6th Avenue, North Birmingham, AL 35203-2618 Phone: 205.254.1000 Fax: 205.254.1999 {03328349.1} 9

First Amended ANSWER to {{1}} Complaint, with Jury Demand, Amended COUNTERCLAIM of Defendant Evident, Inc. against All Plaintiffs by Evident, Inc., Wazu Holdings, Inc. (Motes, T.)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION COMPUTER PROGRAMS AND) SYSTEMS, INC. AND EVIDENT) LLC)) Plaintiffs,)) v.) Civil Action No. 1:15-cv-00405-KD-M) WAZU HOLDINGS, INC. AND) EVIDENT, INC.)) Defendants.)) EVIDENT, INC.,)) Counterclaimant,)) v.)) DEMAND FOR JURY TRIAL COMPUTER PROGRAMS AND) SYSTEMS, INC. AND EVIDENT) LLC,)) Counterdefendants.))) DEFENDANTS’ FIRST-AMENDED ANSWER TO COMPLAINT FOR DECLARATORY RELIEF AND COUNTERCLAIM OF DEFENDANT EVIDENT, INC. Defendants Wazu Holdings Ltd. and Evident, Inc. (collectively, "Defendants") submit the following first-amended answer as to the Complaint for {1983571.DOCX;2} DOCSMOB\150315\6 DOCSMOB\150581\1 declaratory relief filed by plaintiffs, Computer Programs and Systems, Inc. ("CPSI") and Evident LLC (the "LLC") (collectively, "Plaintiffs"). Defendant/Counterclaimant Evident, Inc., also submits its first-amended counterclaims against Plaintiffs/Counterdefendants CPSI and LLC. NATURE OF ACTION 1. In response to Paragraph 1, Defendants admit that Plaintiffs have brought a lawsuit seeking a declaratory judgment pursuant to 28 U.S.C. §§ 2201 through 2202 to settle what they perceive to be an actual controversy between Plaintiffs and Defendants regarding trademarks used in connection with the sale of certain software. Defendants also admit that Plaintiffs have requested this Court to enter a judgment declaring that Plaintiffs’ EVIDENT mark does not infringe Defendants’ EVIDENT mark. THE PARTIES 2. In response to Paragraph 2, Defendants state that they are without sufficient knowledge or information to form a belief as to the truth of the allegations and, on that basis, deny every allegation therein. 3. In response to Paragraph 3, Defendants state that they are without sufficient knowledge or information to form a belief as to the truth of the allegations and, on that basis, deny every allegation therein. {1983571.DOCX;2} 2 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 4. In response to Paragraph 4 (erroneously numbered Paragraph 3), Defendants admit every allegation contained therein except that the correct name of Defendant Wazu is Wazu Holdings Ltd. and the address for the principal place of business of Defendant Wazu is Pacific Centre 1300-777 Dunsmuir Street, Vancouver BC V7Y 1K2 Canada. 5. In response to Paragraph 5 (erroneously numbered Paragraph 4), Defendants admit every allegation contained therein except that the address for the principal place of business of Defendant Evident, Inc., is Suite 5300, 66 Wellington Street West, Toronto, Ontario M5K 1E6 Canada. JURISDICTION AND VENUE 6. Paragraph 6 (erroneously numbered Paragraph 5) includes legal conclusions to which no response is required. To the extent a response is required, Defendants admit that this Court has subject matter jurisdiction over the claims involved in this suit and deny the remaining allegations contained in Paragraph 6. 7. Paragraph 7 (erroneously numbered Paragraph 6) includes legal conclusions to which no response is required. To the extent a response is required, Defendants deny every allegation contained in Paragraph 7 but consent to venue in this Court. 8. Paragraph 8 (erroneously numbered Paragraph 7) includes legal conclusions to which no response is required. To the extent a response is required, {1983571.DOCX;2} 3 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 Defendants deny every allegation contained in Paragraph 8 but consent to personal jurisdiction in this Court. BACKGROUND 9. In response to Paragraph 9 (erroneously numbered Paragraph 8), Defendants state that they are without sufficient knowledge or information to form a belief as to the truth of the allegations and, on that basis, deny every allegation therein. 10. In response to Paragraph 10 (erroneously numbered Paragraph 9), Defendants state that they are without sufficient knowledge or information to form a belief as to the truth of the allegations and, on that basis, deny every allegation therein. 11. In response to Paragraph 11 (erroneously numbered Paragraph 10), Defendants state that they are without sufficient knowledge or information to form a belief as to the truth of the allegations and, on that basis, deny every allegation therein. 12. In response to Paragraph 12 (erroneously numbered Paragraph 11), Defendants state that they are without sufficient knowledge or information to form a belief as to the truth of the allegation that "[a]t the time of CPSI’s acquisition of the EVIDENT mark, CAP owned U.S. Federal Trademark Registration No. 3,830,441 (‘the'411 Registration’) for the mark EVIDENT for'on-line non-{1983571.DOCX;2} 4 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 downloadable software for use on a computer network used to access, search, sort, group, produce print, and review information and documents through the internet used in the fields of law, healthcare, government, insurance and corporations,’" and, on that basis, deny these allegations. Defendants admit that the'411 Registration is based on trademark application serial no. 77/772,394, filed on July 1, 2009, claiming a date of first use of March 1, 2009. 13. In response to Paragraph 13 (erroneously numbered Paragraph 12), Defendants state that they are without sufficient knowledge or information to form a belief as to the truth of the allegations and, on that basis, deny every allegation contained therein. 14. In response to Paragraph 14 (erroneously numbered Paragraph 13), Defendants state that they are without sufficient knowledge or information to form a belief as to the truth of the allegations that Evident LLC offers its EHR solutions under the trademarks THRIVE and LIKEMIND, that the THRIVE EHR solution is a complete information and patient care system combined with comprehensive implementation and training services, or that the LIKEMIND EHR solution is a collaborative support model for the THRIVE EHR solution which delivers proactive service from Evident, LLC’s staff of healthcare and business professionals and, on that basis, deny these allegations. Defendants admit that the {1983571.DOCX;2} 5 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 THRIVE EHR solution and the LIKEMIND EHR solution are offered under the EVIDENT brand. 15. In response to Paragraph 15 (erroneously numbered Paragraph 14), Defendants admit every allegation contained therein. COUNT I DECLARATORY JUDGMENT 16. In response to Paragraph 16 (erroneously numbered Paragraph 15), Defendants incorporate by reference each of the preceding paragraphs. 17. In response to Paragraph 17 (erroneously numbered Paragraph 16), Defendants admit the allegations therein. 18. In response to Paragraph 18 (erroneously numbered Paragraph 17), Defendants admit the allegations therein. 19. In response to Paragraph 19 (erroneously numbered Paragraph 18), Defendants admit the allegations therein. 20. In response to Paragraph 20 (erroneously numbered Paragraph 19), Defendants state that they are without sufficient knowledge or information to form a belief as to the truth of the allegation that Plaintiffs do not intend to cease use of the EVIDENT mark in connection with EHR management software and intend to register their EVIDENT mark on the Principal Register of the U.S. Patent & Trademark Office and, on that basis, deny those allegations. Defendants deny that {1983571.DOCX;2} 6 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 Plaintiffs’ use of the mark EVIDENT in connection with EHR software has not caused any confusion among the relevant market with respect to Defendants’ EVIDENT dental lab management software and that Plaintiff’s use of the mark EVIDENT is not likely to cause consumer confusion in the marketplace. 21. In response to Paragraph 21 (erroneously numbered 20), Defendants deny the allegations therein. ANSWER TO PLAINTIFFS’ PRAYER FOR RELIEF Although Plaintiffs’ prayer for relief contains no allegations of fact and, as such, does not require an admission or denial, Defendants deny that Plaintiffs are entitled to any relief requested in the Prayer for Relief, or otherwise. AFFIRMATIVE DEFENSES Defendants allege the following affirmative defenses with respect to the claim alleged in the Complaint. Defendants also hereby give notice that they intend to rely on such other defenses that may become available during pretrial proceedings and hereby reserve the right to amend this answer and assert all such defenses. FIRST AFFIRMATIVE DEFENSE Plaintiffs’ claim is barred because Plaintiffs have failed to state facts sufficient to constitute a claim against Defendants. {1983571.DOCX;2} 7 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 SECOND AFFIRMATIVE DEFENSE Plaintiffs’ claim is time barred to the extent the alleged conduct took place outside the applicable limitations period. THIRD AFFIRMATIVE DEFENSE Plaintiffs’ claim is barred by the doctrine of unclean hands. FOURTH AFFIRMATIVE DEFENSE Plaintiffs’ claim is barred by the doctrine of laches. FIFTH AFFIRMATIVE DEFENSE Plaintiffs’ claim is barred by the doctrine of waiver. SIXTH AFFIRMATIVE DEFENSE Plaintiffs’ claim is barred because Plaintiffs have an adequate remedy at law and are therefore not entitled to an equitable remedy. SEVENTH AFFIRMATIVE DEFENSE Plaintiffs’ claim is barred because Plaintiffs have not suffered any damages or harm resulting from the conduct alleged. Therefore, Plaintiffs lack standing, and are otherwise barred from any recovery against Defendants. RESERVATION OF DEFENSES Defendants currently have insufficient knowledge or information on which to form a belief as to whether they may have additional affirmative defenses {1983571.DOCX;2} 8 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 available. Defendants reserve the right to assert additional defenses in the event that discovery indicates they would be appropriate. FIRST-AMENDED COUNTERCLAIM Defendant/Counterclaimant Evident, Inc., asserts the following First-Amended Counterclaim against Plaintiffs. THE PARTIES 1. Defendant Evident, Inc. ("Evident") is, and at all times relevant herein was, a corporation with its principal place of business at Suite 5300, 66 Wellington Street West, Toronto, Ontario M5K 1E6 Canada, doing business as Evident Labs. Evident sells dental laboratory management software throughout the United States. 2. Plaintiff CPSI is a publically traded company, headquartered in Mobile, Alabama. CPSI develops and maintains electronic health record systems and services for rural, community, and critical access hospitals. CPSI does business throughout the United States, including the State of Alabama. 3. Plaintiff Evident LLC is a wholly-owned subsidiary of CPSI, providing electronic health records solutions previously sold under CPSI, as well as an expanded range of offerings targeted at rural and community healthcare organizations. On information and belief, Evident LLC does business throughout the United States, including the State of Alabama. {1983571.DOCX;2} 9 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 4. Upon information and belief, at all times herein mentioned, each Plaintiff acted individually and/or as the agent, co-conspirator, aider, abettor, joint venture, alter ego, third-party beneficiary, employee, officer, director, or representative of the other counterdefendants and in doing the things hereinafter averred, acted within the course and scope of such agency, employment, or conspiracy, and with the consent, permission, and authorization of each of the remaining counterdefendants. Upon information and belief, all actions of each counterdefendant as averred in the claims for relief stated herein were ratified and approved by every other counterdefendant or their officers, directors, or managing agents. JURISDICTION AND VENUE 5. This Court has original jurisdiction over this action pursuant to 28 U.S.C. § 1331, federal question jurisdiction. This action arises out of a violation of the Lanham Act, 15 U.S.C. § 1051 et seq. 6. This Court has supplemental jurisdiction over the common law claim asserted below pursuant to 28 U.S.C. § 1338(b). 7. Venue is proper in the Southern District of Alabama pursuant to the requirements of 28 U.S.C. § 1391(b) because a substantial part of the events or omissions giving rise to the claim occurred in this district. {1983571.DOCX;2} 10 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 8. This Court has personal jurisdiction over the parties because they have transacted business within the district, including the offer for sale and distribution of electronic health records systems and services. GENERAL ALLEGATIONS 9. Evident is the proprietor of dental lab management software branded as EVIDENT. The EVIDENT software program enables users to utilize an array of case tracking and scheduling, billing, dentist portal, and reporting features. Many of the Evident software features are transferable to other healthcare settings, including client and prescription tracking, provision of computer templates for advertising the goods and services of others to clients, tracking and generating information required for regulatory and governmental authorities, scheduling, invoicing, and maintaining records regarding inventory and accounts payable. Evident has utilized the EVIDENT mark since at least March 22, 2010, in connection with this dental lab management software. Accordingly, Defendant Evident has common law rights based on its prior use of the EVIDENT mark in commerce. 10. Defendant Evident has expended considerable sums of money and efforts in promoting and protecting the EVIDENT mark. As a result of these efforts, Defendant Evident now enjoys a high reputation in the field and has valuable goodwill invested in and symbolized by its trademark. {1983571.DOCX;2} 11 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 11. For numerous years, Evident has marketed the EVIDENT mark using distinct light blue and green colors on the Internet, computer software, and other marketing materials. 12. In or around July 2015, Defendant Evident was put on notice of Plaintiffs’ adoption of the EVIDENT mark in connection with a health record management software solution. After preliminary investigation, Defendant Evident learned that Plaintiffs filed a trademark application serial number 86/423,651 (the "‘651 application") for the mark EVIDENT for "Electronic database management, namely, capturing and managing medical and health records in electronic format; Medical claims management services, namely, receiving and data entry of transactions that are originated by physicians, hospitals, and ancillary medical care providers; Managed care services, namely, electronic processing of health care information; Management and compilation of computerized databases; Medical billing support services" and "Application service provider, namely, hosting, managing, developing, analyzing, and maintaining applications and software in the field of Internet-based electronic health record (EHR) management software to automate, enter, access, and transmit clinical data; Providing an interactive web site featuring technology that enables users to enter, access, track, monitor, and generate health and medical information and reports; Software as a service (SAAS) services featuring software for management electronic health records" (collectively {1983571.DOCX;2} 12 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 "the EHR Services"). The'651 application was filed with an intent to use the EVIDENT mark in connection with its EHR services. Notably, the priority date of this application is October 2014, over four years after Defendant Evident’s date of first use. A true and correct copy of the'651 application is attached hereto as Exhibit 1. 13. When Plaintiffs filed the'651 application, they knew, or should have known, that Defendant Evident had already obtained common law trademark rights related to the EVIDENT mark. Plaintiffs also knew, or should have known, that Defendant Evident was utilizing the EVIDENT mark in association with the provision of software solutions and services in numerous healthcare settings. 14. After its investigation, Defendant Evident concluded that Plaintiffs’ use of Evident’s mark EVIDENT in association with such closely-related products was likely to create consumer confusion and create a false designation of origin. Defendant Evident is informed and believes that Plaintiffs have even utilized Evident’s mark in the same light blue and green colors as Defendant Evident. 15. Further, Plaintiffs have been utilizing the EVIDENT mark in the domain name <evident.com> since October 2014. Further, as recently as September 2015, Plaintiffs started using the EVIDENT mark in the domain name <evidenthealth.ca> (the "Infringing Domain Names"). These websites are utilized in connection with Plaintiffs’ sales of health care information systems and related {1983571.DOCX;2} 13 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 software goods and services. Both websites prominently feature a Canadian flag, making the use of the mark even more similar to Defendant Evident. 16. On August 5, 2015, counsel for Defendant Evident sent a cease and desist letter to Plaintiffs, demanding that they cease infringing Evident’s mark and that they expressly abandon the'651 application. Defendant Evident also requested that Plaintiffs assign Evident the domain <evident.com>. As of the date of this filing, Plaintiffs have not ceased their infringement or assigned the domain to Defendant Evident. A true and correct copy of the August 5, 2015 cease and desist letter from Defendant Evident to Plaintiffs is attached hereto as Exhibit 2. 17. On August 10, 2015, Plaintiffs filed a complaint for declaratory judgment in the United States District Court for the Southern District of Alabama. 18. Plaintiffs’ registration of the <evidenthealth.ca> domain name after receiving Defendant Evident’s August 5, 2015 cease and desist letter is in bad faith. Defendant Evident is informed and believes that this was a retaliatory response to Evident’s demand. In conjunction with the use of the <evidenthealth.ca> domain name, Plaintiffs officially announced their entry into the Canadian market on September 26, 2015. 19. Plaintiffs have intentionally engaged in the foregoing conduct in an attempt to illegally and impermissibly utilize Defendant Evident’s goodwill, to Plaintiffs’ commercial benefit. {1983571.DOCX;2} 14 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 FIRST COUNTERCLAIM Violation of the Lanham Act by Use of False Designation in Interstate Commerce (15 U.S.C. § 1125(a)) 20. Defendant Evident realleges and incorporates by reference each of the foregoing paragraphs as if fully set forth herein. 21. Plaintiffs have caused goods and/or services to enter into interstate commerce with the designation and representation of Defendant Evident’s EVIDENT mark connected therewith. This use of the EVIDENT mark is a false designation of origin that is likely to cause confusion, mistake, and deceit as to an affiliation between Plaintiffs and Defendant Evident, and as to the origin, sponsorship, or approval of Plaintiffs’ goods or services. 22. As a proximate result of Plaintiffs’ infringing conduct, Defendant Evident has suffered, and will suffer, damage to its business, reputation, and goodwill. Defendant Evident will also suffer lost profits as a result of Plaintiffs’ conduct. 23. Plaintiffs threaten to continue to do the acts complained of herein and, unless restrained and enjoined, will continue to do so, all to Defendant Evident’s irreparable damage. It would be difficult to ascertain the amount of compensation that could afford Defendant Evident’s adequate relief for such continuing acts, and {1983571.DOCX;2} 15 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 a multiplicity of judicial proceedings would be required. Defendant Evident’s remedy at law is inadequate to compensate it for the injuries threatened. In light of the foregoing, Defendant Evident prays for damages as set forth below. SECOND COUNTERCLAIM Dilution in Violation of the Federal Anti-Dilution Statute 24. Defendant Evident realleges and incorporates by reference each of the foregoing paragraphs as if fully set forth herein. 25. The EVIDENT mark is strong and distinctive. Defendant Evident has used the EVIDENT mark in connection with its goods and services, as well as the marketing thereof, for almost five years. During this time, Defendant Evident’s EVIDENT mark has been used and advertised throughout the United States and Canada. 26. The EVIDENT mark is widely recognized by consumers and those in the trade. The mark is recognized by the general consuming public of the United States as a designation of source for the goods and/or services of Defendant Evident and is therefore a famous mark. 27. The EVIDENT mark is in substantially exclusive use by Defendant Evident. {1983571.DOCX;2} 16 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 28. Plaintiffs have made use of the EVIDENT mark in connection with their goods and services that are sold and transported in United States interstate commerce. Plaintiffs’ use of the EVIDENT mark creates a likelihood of association with Defendant Evident’s famous EVIDENT mark. 29. Plaintiffs’ acts are in violation of section 43(c) of the Lanham Act because they are likely to cause dilution by blurring or impairing the distinctiveness of Defendant Evident’s EVIDENT mark. 30. Plaintiffs’ acts have caused, and will continue to cause irreparable injury to Defendant Evident. Plaintiffs’ acts are also in violation of section 43(c) of the Lanham Act because they are likely to cause dilution by tarnishment by harming the reputation of Defendant Evident’s EVIDENT mark, all to Evident’s irreparable injury and damage to Defendant Evident. 31. Plaintiffs’ acts were commenced after Defendant Evident’s mark became famous. 32. Plaintiffs committed these acts willfully and with the intent to create an association with Defendant Evident’s EVIDENT mark. Plaintiffs willfully intended to trade on the recognition of Evident’s famous mark and to harm the reputation of the EVIDENT mark. In light of the foregoing, Defendant Evident prays for damages as set forth below. {1983571.DOCX;2} 17 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 THIRD COUNTERCLAIM Cybersquatting in Violation of Section 43(d) of the Lanham Act 33. Defendant Evident realleges and incorporates by reference each of the foregoing paragraphs as if fully set forth herein. 34. Plaintiffs registered, trafficked, and used the domain names <evident.com> and <evidenthealth.ca>. 35. Both of those domain names are identical and/or are confusingly similar to Defendant Evident’s EVIDENT mark, which was strong and distinctive at the time both of the domain names were registered. 36. Plaintiffs’ registration of the confusingly similar domain names was done with a bad faith intent to impermissibly profit from the goodwill of Defendant Evident’s EVIDENT mark. In light of the foregoing, Defendant Evident prays for damages as set forth below. FOURTH COUNTERCLAIM Common Law Unfair Competition 37. Defendant Evident realleges and incorporates by reference each of the foregoing paragraphs as if fully set forth herein. {1983571.DOCX;2} 18 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 38. Plaintiffs’ use of Defendant Evident’s EVIDENT mark in connection with Plaintiffs’ goods and services has effectively passed off Plaintiffs’ goods and services as if those goods and services were produced by Evident. 39. Thus, Plaintiffs have engaged in unfair competition by: (1) using Defendant Evident’s EVIDENT mark in connection with the sale of Plaintiffs’ own goods and services; and (2) registering two domain names containing the EVIDENT mark. 40. Both of these acts were carried out with the intent to pass off Plaintiffs’ goods and services as Defendant Evident’s goods and services and to commercially benefit from Evident’s goodwill through consumer confusion. In light of the foregoing, Defendant Evident prays for damages as set forth below. PRAYER FOR RELIEF Defendant Evident prays for judgment in this action as follows: 1. for a judgment dismissing all claims against Defendants with prejudice and denying all relief requested by Plaintiffs; 2. for a judgment enjoining and restraining Plaintiffs, their agents, servants, and employees from directly or indirectly infringing Defendant Evident’s mark EVIDENT in connection with Plaintiffs’ medical-related management software and/or advertising regarding the same, including without limitation, the {1983571.DOCX;2} 19 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 removal of Plaintiffs’ websites from the Internet and any other advertisement mediums Plaintiffs are utilizing, or intend to utilize; 3. for a judgment enjoining and restraining Plaintiffs, their agents, servants, and employees from directly or indirectly using Defendant Evident’s mark EVIDENT, or any other mark, word, or name similar to said mark, which is likely to cause confusion; 4. for a judgment that Plaintiffs are required to deliver up and destroy any and all labels, signs, prints, packages, wrappers, receptacles, and advertisements in the possession of Plaintiffs that reflect the word EVIDENT, or any other similar mark, word, or name likely to create consumer confusion; 5. for a judgment ordering the cancellation of the'651 Application or assignment to Defendant Evident. 6. for a judgment that Plaintiffs are required to account to Defendant Evident for any and all profits derived by Plaintiffs from the sale of their goods and services and for all damages sustained by Defendant Evident by reason of said acts of infringement complained of herein; 7. for a judgment granting Defendant Evident punitive and exemplary damages against Plaintiffs and in favor of Evident by reason of Plaintiffs’ fraud and passing off; {1983571.DOCX;2} 20 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 8. for a judgment requiring Plaintiffs to assign the domains <evident.com> and <evidenthealth.ca> to Defendant Evident; 9. for a judgment granting Defendant Evident treble damages; 10. for a judgment granting Defendant Evident costs; 11. for a judgment granting Defendant Evident its reasonable attorneys’ fees; 12. for a judgment granting Defendant Evident pre-and post-judgment interest at the legal rate; and 13. for a judgment granting such other and further relief as the Court shall deem just. Dated this 8th day of December 2015. Respectfully submitted, s/T. Julian Motes T. Julian Motes (MOTET6512) Attorney for Defendants, Wazu Holdings Ltd. and Evident, Inc., and Counterclaimant, Evident, Inc. Sirote & Permutt, PC One St. Louis Centre, Suite 1000 Post Office Drawer 2025 Mobile, AL 36652-2025 (251) 432-1671 (phone) (251) 434-0196 (fax) jmotes@sirote.com {1983571.DOCX;2} 21 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 Marvin Gelfand, Esq., Cal. State Bar No. 53586 Josh H. Escovedo, Esq., Cal. State Bar No. 284506 Attorneys for Defendants, Wazu Holdings Ltd. and Evident, Inc., and Counterclaimant, Evident, Inc. Weintraub Tobin Chediak Coleman Grodin Law Corporation 9665 Wilshire Blvd., Suite 900 Beverly Hills, CA 90212 (310) 858-7888 (phone) (310) 550-7191 (fax) mgelfand@weintraub.com AND Weintraub Tobin Chediak Coleman Grodin Law Corporation 400 Capital Mall, 11th Floor Sacramento, CA 95814 (916) 558-6181 (phone) (916) 446-1611 (fax) jescovedo@weintraub.com JURY DEMAND Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Defendant Evident, Inc., demands a trial by jury on all issues so triable. Dated this 8th day of December, 2015. Respectfully submitted, s/T. Julian Motes T. Julian Motes (MOTET6512) Attorney for Defendants, Wazu Holdings Ltd. and Evident, Inc., and Counterclaimant, Evident, Inc. {1983571.DOCX;2} 22 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1 CERTIFICATE OF SERVICE I hereby certify that on December 8, 2015, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: J. Walton Jackson, Esq. Scott S. Brown, Esq. C. Brandon Browning, Esq. Maynard, Cooper & Gale, P.C. 11 North Water Street, Suite 27000 Mobile, AL 36602 Phone: (251) 432-0001 Fax: (251) 432-0007 wjackson@maynardcooper.com scottbrown@maynardcooper.com and Maynard, Cooper & Gale, P.C. 2400 Regions/Harbert Plaza 1901 6th Avenue, North Birmingham, AL 35203-2618 Phone: (205) 254-1000 Fax: (205) 254-1999 bbrowning@maynardcooper.com s/T. Julian Motes Of Counsel {1983571.DOCX;2} 23 FIRST AMENDED ANSWER AND COUNTERCLAIM DOCSMOB\150315\6 DOCSMOB\150581\1

Case transferred in from District of Alabama Northern; Case Number 2:17-mc-00297 (filed on 3/1/2017 in 17-mc-0003-KD).

Case 1:15-cv-00405-KD-N Document 111 Filed 03/14/17 Page 1 of 3 CLOSED U.S. District Court Northern District of Alabama (Southern) CIVIL DOCKET FOR CASE #: 2:17−mc−00297−RDP Computer Programs and Systems Inc et al v. Wazu Holdings Ltd et al Date Filed: 02/23/2017 Assigned to: Judge R David Proctor Date Terminated: 02/27/2017 Case in other court: U.S. District Court for the Southern District of A, 1:15−CV−00405−KD−M Plaintiff Computer Programs and Systems Inc represented by Charles Brandon Browning MAYNARD COOPER & GALE PC 1901 6th Avenue North, Suite 2400 Birmingham, AL 35203 205−254−1000 Fax: 205−254−1999 Email: bbrowning@maynardcooper.com ATTORNEY TO BE NOTICED Evan N Parrott MAYNARD COOPER & GALE PC 11 North Water Street, Ste. 24290 Mobile, AL 36602 251−206−7449 Fax: 251−432−0007 Email: eparrott@maynardcooper.com ATTORNEY TO BE NOTICED Joseph Walton Jackson, Sr MAYNARD COOPER & GALE PC 11 North Water Street Suite 24290 Mobile, AL 36602 251−432−0001 Fax: 251−432−0007 Email: wjackson@maynardcooper.com ATTORNEY TO BE NOTICED Scott S Brown MAYNARD COOPER & GALE PC 1901 Sixth Avenue North, Suite 2400 Birmingham, AL 35203−2618 205−254−1000 Fax: 205−714−6452 Email: scottbrown@maynardcooper.com ATTORNEY TO BE NOTICED Plaintiff Evident LLC represented by Charles Brandon Browning (See above for address) ATTORNEY TO BE NOTICED Case 1:15-cv-00405-KD-N Document 111 Filed 03/14/17 Page 2 of 3 Evan N Parrott (See above for address) ATTORNEY TO BE NOTICED Joseph Walton Jackson, Sr (See above for address) ATTORNEY TO BE NOTICED Scott S Brown (See above for address) ATTORNEY TO BE NOTICED V. Defendant Wazu Holdings Ltd represented by T Julian Motes SIROTE & PERMUTT PC PO Drawer 2025 Mobile, AL 36652 1−251−432−1671 ATTORNEY TO BE NOTICED Defendant Evident Inc represented by T Julian Motes (See above for address) ATTORNEY TO BE NOTICED Counter Claimant Evident Inc represented by T Julian Motes (See above for address) ATTORNEY TO BE NOTICED V. Counter Defendant Computer Programs and Systems Inc represented by Charles Brandon Browning (See above for address) ATTORNEY TO BE NOTICED Evan N Parrott (See above for address) ATTORNEY TO BE NOTICED Joseph Walton Jackson, Sr (See above for address) ATTORNEY TO BE NOTICED Scott S Brown (See above for address) ATTORNEY TO BE NOTICED Case 1:15-cv-00405-KD-N Document 111 Filed 03/14/17 Page 3 of 3 Counter Defendant Evident LLC represented by Charles Brandon Browning (See above for address) ATTORNEY TO BE NOTICED Evan N Parrott (See above for address) ATTORNEY TO BE NOTICED Joseph Walton Jackson, Sr (See above for address) ATTORNEY TO BE NOTICED Scott S Brown (See above for address) ATTORNEY TO BE NOTICED Date Filed # Docket Text 02/23/2017 Ï1 MOTION to Quash Subpoena Duces Tecum Served on C. Brandon Browning and for Protective Order by Computer Programs and Systems Inc, Evident LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(AVC) (Entered: 02/24/2017) 02/27/2017 Ï2 ORDER−re: Motion to Quash Subpoena Decus Tecum Served on C. Brandon Browning and for Protective Order 1. The Motion is GRANTED IN PART. To the extent Pltfs' Motion seeks transfer of the Motion it is granted. The court defers ruling on the remaining portion of the Motion (which seeks to quash the subpoena and entry of a protective order) and that portion of the Motion is also transferred to the United District Court for the Southern District of Alabama. Signed by Judge R David Proctor on 2/27/2017. (AVC) (Entered: 02/27/2017)

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Description
1
08/10/2015
COMPLAINT against All Defendants (Filing fee $400 receipt number 1128-1778511, Online Credit Card Payment), filed by Computer Programs and Systems, Inc., Evident, LLC.
1
Exhibit A) (Jackson, J.) (Additional attachment(s) added on 8/12/2015: #
2
Civil Cover Sheet) (cmj
2 Attachments
2
08/19/2015
NOTICE of Filing Proposed Summons by Computer Programs and Systems, Inc. (Jackson, J.)
3
08/19/2015
NOTICE of Filing Proposed Summons by Computer Programs and Systems, Inc. (Jackson, J.)
4
08/20/2015
Summons Issued as to Evident, Inc., Wazu Holdings, Inc. Note to Counsel: The Summons have been issued. Please print copies necessary for service.
5
10/08/2015
NOTICE by Computer Programs and Systems, Inc., Evident, LLC to Court Regarding Service
1
Exhibit A) (Jackson, J.
1 Attachment
6
10/22/2015
WAIVER OF SERVICE Returned Executed by Computer Programs and Systems, Inc. Wazu Holdings, Inc. waiver sent on 10/20/2015, answer due 12/21/2015. (Jackson, J.)
7
10/22/2015
WAIVER OF SERVICE Returned Executed by Computer Programs and Systems, Inc. Evident, Inc. waiver sent on 10/20/2015, answer due 12/21/2015. (Jackson, J.)
8
11/17/2015
ANSWER to 1 Complaint, with Jury Demand by Defendants, COUNTERCLAIM by Defendant Evident, Inc. against All Plaintiffs by Evident, Inc., Wazu Holdings, Inc. (Motes, T.)
9
11/17/2015
Corporate Disclosure Statement filed by Defendants Evident, Inc., Wazu Holdings, Inc., Counter Claimant Evident, Inc. (Motes, T.)
10
11/17/2015
Document endorsed NOTED by Magistrate Judge Bert W. Milling, Jr: Corporate Disclosure Statement 9 filed by Evident, Inc., Wazu Holdings, Inc.
11
11/18/2015
Document endorsed NOTED by Judge Kristi K. DuBose: Corporate Disclosure Statement 9 filed by Evident, Inc., Wazu Holdings, Inc. A review of the corporate disclosure statement filed pursuant to Federal Rule of Civil Procedure 7.1(a) and Local Rule 3.4 has been completed. That review has not revealed any reason to believe that there are potential conflicts of interest that would require disqualification or recusal in this action.
12
11/18/2015
PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report due by 1/4/2016. Signed by Magistrate Judge Bert W. Milling, Jr on 11/18/2015.
1
Consent to Magistrate) (cmj
1 Attachment
13
12/01/2015
NOTICE of Appearance by Charles Brandon Browning on behalf of Computer Programs and Systems, Inc., Evident, LLC
14
12/04/2015
Corporate Disclosure Statement filed by Counter Defendants Computer Programs and Systems, Inc., Evident, LLC, Plaintiffs Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
15
12/07/2015
Document endorsed NOTED by Judge Kristi K. DuBose: Corporate Disclosure Statement 14 filed by Computer Programs and Systems, Inc., Evident, LLC. A review of the corporate disclosure statement pursuant to Local Rule 3.4 has been completed. The review did not reveal any reason to believe that there are potential conflicts of interest which would require disqualification or recusal in this action.
16
12/08/2015
Document endorsed NOTED by Magistrate Judge Bert W. Milling, Jr: Corporate Disclosure Statement 14 filed by Computer Programs and Systems, Inc., Evident, LLC
17
12/08/2015
First Amended ANSWER to 1 Complaint, with Jury Demand, Amended COUNTERCLAIM of Defendant Evident, Inc. against All Plaintiffs by Evident, Inc., Wazu Holdings, Inc. (Motes, T.)
18
12/22/2015
Joint MOTION for Extension of Time for Rule 26(f) Report by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
19
12/22/2015
Plaintiffs/Counter-Defendants' ANSWER to Complaint First Amended Counterclaim by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
12/23/2015
MOTIONS REFERRED: 18 Joint MOTION for Extension of Time for Rule 26(f) Report Referred to Judge Bert W. Milling, Jr. (Text entry; no document attached.)
20
12/23/2015
ENDORSED ORDER granting 18 Joint Motion for Extension of Time to Confer and File Rule 26(f) Report of Parties. Rule 26 Meeting Report due by 1/26/2016. Signed by Magistrate Judge Bert W. Milling, Jr on 12/23/2015.
21
12/31/2015
NOTICE by Computer Programs and Systems, Inc., Evident, LLC Report on the Filing or Determination of an Action Regarding a Patent or Trademark (Jackson, J.)
22
01/06/2016
MOTION for Marvin Gelfand to Appear Pro Hac Vice (Filing fee $ 50, Receipt number 1128-1844129, Online Credit Card Payment.) by Evident, Inc., Wazu Holdings, Inc.
01/07/2016
MOTIONS REFERRED: 22 MOTION for Marvin Gelfand to Appear Pro Hac Vice (Filing fee $ 50, Receipt number 1128-1844129, Online Credit Card Payment.) Referred to Judge Bert W. Milling, Jr. (Text entry; no document attached.)
23
01/07/2016
ENDORSED ORDER GRANTING 22 Motion for Marvin Gelfand to Appear Pro Hac Vice. Signed by Magistrate Judge Bert W. Milling, Jr on 1/7/2016.
24
01/26/2016
REPORT of Rule 26(f) Planning Meeting. (Jackson, J.)
01/27/2016
REFERRAL OF 24 Report of Rule 26(f) Planning Meeting to Judge Milling. (Text entry; no document attached.)
25
01/28/2016
SCHEDULING ORDER: Pretrial Conference set for 3/2/2017 09:30 AM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Judge Kristi K. DuBose. Amended Pleadings due by 3/25/2016. Discovery cutoff 11/18/2016. Motions due by 12/9/2016. Jury Selection set for 4/4/2017 08:45 AM in US Courthouse, Courtroom 5A, 113 St. Joseph Street, Mobile, AL 36602 before Judge Kristi K. DuBose. Position Regarding Settlement due by 11/18/2016. The Clerk is directed to correct the name of defendant, as set out. Signed by Magistrate Judge Bert W. Milling, Jr on 1/28/2016.
1
Standing Pretrial Order) (cmj
1 Attachment
26
02/10/2016
Notice of Filing Rule 26 Initial Disclosures filed by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
27
02/10/2016
Notice of Filing regarding Plaintiffs' Rule 26 Initial Disclosures filed by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
28
02/22/2016
Notice of Filing Notice of Service of Discovery filed by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
29
04/07/2016
NOTICE of Change of Address by Marvin Gelfand
30
06/17/2016
Notice of Filing Objections and Responses to Plaintiff's Interrogatories and Request for Production filed by Evident, LLC. (Jackson, J.)
31
07/21/2016
MOTION for Protective Order by Computer Programs and Systems, Inc., Evident, LLC.
1
Exhibit EXHIBIT A
2
Exhibit EXHIBIT B
3
Exhibit EXHIBIT C
4
Exhibit EXHIBIT D
5
Exhibit EXHIBIT E
6
Exhibit EXHIBIT F
7
Exhibit EXHIBIT G
8
Exhibit EXHIBIT H
9
Exhibit EXHIBIT I) (Jackson, J.
9 Attachments
07/21/2016
MOTIONS REFERRED: 31 MOTION for Protective Order Referred to Judge Bert W. Milling, Jr. (Text entry; no document attached.)
32
07/22/2016
Order re: Any response and/or objection to 31 Motion for Protective Order are due by 7/29/2016. Signed by Magistrate Judge Bert W. Milling, Jr on 7/22/2016.
33
07/29/2016
Memorandum in Opposition re 31 MOTION for Protective Order filed by Evident, Inc., Wazu Holdings, Ltd.
1
Affidavit
2
Affidavit
3
Exhibit
4
Exhibit) (Motes, T.
4 Attachments
07/29/2016
REFERRAL OF 33 Memorandum in Opposition to Judge Milling. (Text entry; no document attached.)
34
08/07/2016
Order entered re: 31 MOTION for Protective Order and 33 Response in Opposition. Motion Hearing set for 8/12/2016 01:30 PM in US Courthouse, Courtroom 3A, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Bert W. Milling Jr. Counsel are to personally appear and will not be permitted to participate by telephone. The proper name of one of the Defendants is Wazu Holding, Ltd. and counsel are to ensure to use its proper name in all future filings. Signed by Magistrate Judge Bert W. Milling, Jr on 8/5/2016.
35
08/08/2016
ORDER Resetting Hearing on Motion 31 MOTION for Protective Order and 32 Response in Opposition for 8/18/2016 at 10:00 AM in US Courthouse, Courtroom 3A, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Bert W. Milling Jr. Signed by Magistrate Judge Bert W. Milling, Jr on 8/8/2016. (srd) Copy to Judge Milling
08/18/2016
Minute Entry for proceedings held before Magistrate Judge Bert W. Milling, Jr: Motion Hearing held on 8/18/2016 re 31 MOTION for Protective Order filed by Computer Programs and Systems, Inc., Evident, LLC. DCR Digital Audio Recording. (Text entry; no document attached.)
37
08/18/2016
ORDER GRANTING 31 Motion for Protective Order for reasons fully set out in the Order. Joint oral motion for an extension of the discovery is GRANTED. Discovery completion date is extended to January 27, 2017. Signed by Magistrate Judge Bert W. Milling, Jr on 8/18/2016.
38
08/18/2016
AMENDED Rule 16(b) SCHEDULING ORDER: Pretrial Conference set for 5/18/2017 10:00 AM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Judge Kristi K. DuBose. Discovery cutoff 1/27/2017. Motions due by 2/17/2017. Jury Selection set for 6/27/2017 08:45AM before Judge Kristi K. DuBose (4 days for trial). Position Regarding Settlement due by 1/27/2017. Signed by Magistrate Judge Bert W. Milling, Jr on 8/18/2016. (mcb)
Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
39
08/19/2016
PROTECTIVE ORDER entered. Signed by Magistrate Judge Bert W. Milling, Jr on 8/19/2016.
40
08/26/2016
Joint MOTION for Extension of Time to File Joint Stipulation on Discovery of Electronic Information by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
41
08/26/2016
ENDORSED ORDER granting 40 Joint Motion for Extension of Time to File E-Discovery Stipulation. The time is extended to 9/9/2016. Signed by Magistrate Judge Bert W. Milling, Jr on 8/26/2016.
42
09/09/2016
Joint MOTION for Extension of Time TO FILE STIPULATION REGARDING THE DISCOVERY OF ELECTRONIC INFORMATION by Computer Programs and Systems, Inc. (Jackson, J.)
43
09/09/2016
ENDORSED ORDER granting 42 Joint Motion for Extension of Time to File ESI Stipulation. The time is extended to 9/23/2016. Signed by Magistrate Judge Bert W. Milling, Jr on 9/9/2016.
44
09/23/2016
STIPULATION ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION by Computer Programs and Systems, Inc. (Jackson, J.)
09/23/2016
REFERRAL OF 44 Stipulation to Judge Dubose. (Text entry; no document attached.)
45
09/23/2016
NOTICE by Computer Programs and Systems, Inc. OF TAKING DEPOSITION (Jackson, J.)
09/23/2016
REFERRAL OF 44 Stipulation to Judge Milling. (Text entry; no document attached.)
46
09/26/2016
STIPULATED ORDER regarding Discovery of Electronically Stores Information entered. Signed by Magistrate Judge Bert W. Milling, Jr on 9/26/2016.
47
09/26/2016
Notice of Filing Notice of Deposition filed by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
48
09/29/2016
NOTICE of Appearance by Evan Parrott on behalf of Computer Programs and Systems, Inc.
49
11/07/2016
Notice of Filing Notice of Intent to Serve NPS filed by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
50
11/22/2016
MOTION to Compel Further Responses to Interrogatories and Document Requests by Wazu Holdings, Ltd.
1
Memorandum of Points and Authorities in Support of Evident's Motion to Compel Further Responses to Interrogatories and Document Requests
2
Declaration of Josh H. Escovedo in Support of Evident's Motion to Compel Further Responses to Interrogatories and Document Requests
2 Attachments
11/22/2016
MOTIONS REFERRED: 50 MOTION to Compel Further Responses to Interrogatories and Document Requests Referred to Judge Bert W. Milling, Jr. (Text entry; no document attached.)
51
11/23/2016
Order entered re: 50 MOTION to Compel filed by Wazu Holdings, Ltd. Any opposition to the Motion is to be filed on or before December 2, 2016. The Court will take this Motion under submission on December 3, 2016. Signed by Magistrate Judge Bert W. Milling, Jr on 11/23/2016.
52
12/01/2016
MOTION to Modify Scheduling Order and Telephonic Hearing by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
12/01/2016
MOTIONS REFERRED: 52 MOTION to Modify Scheduling Order and Telephonic Hearing Referred to Judge Bert W. Milling, Jr. (Text entry; no document attached.)
53
12/02/2016
MOTION for Extension of Time to File Response/Reply by Computer Programs and Systems, Inc.
54
12/02/2016
NOTICE by Computer Programs and Systems, Inc. Supplemental Discovery Requests
55
12/02/2016
NOTICE by Computer Programs and Systems, Inc. Supplemental Interrogatory Responses
12/02/2016
MOTIONS REFERRED: 53 MOTION for Extension of Time to File Response/Reply Referred to Judge Bert W. Milling, Jr. (Text entry; no document attached.)
56
12/06/2016
ENDORSED ORDER granting 53 Plaintiffs' Motion for Extension of Time to File Response/Reply. The time is extended to 12/9/2016. Signed by Magistrate Judge Bert W. Milling, Jr on 12/6/2016.
57
12/07/2016
Supplement to MOTION to Compel Discovery of Further Responses to Interrogatories and Document Requests by Evident, Inc., Wazu Holdings, Ltd.
1
Affidavit Declaration of Josh H. Escovedo In Support of Evident, Inc.'s Motion to Compel Further Responses to Interrogatories and Document Requests) Modified on 12/8/2016 (cmj
1 Attachment
12/08/2016
REFERRAL OF 57 Supplement to MOTION to Compel Discovery of Further Responses to Interrogatories and Document Requests to Judge Milling. (Text entry; no document attached.)
58
12/09/2016
RESPONSE to Motion re: 50 MOTION to Compel Further Responses to Interrogatories and Document Requests filed by Computer Programs and Systems, Inc.
59
12/09/2016
Supplement to MOTION to Compel Discovery of Further Responses to Interrogatories and Document Requests by Evident, Inc., Wazu Holdings, Ltd.
1
Affidavit Supplemental Declaration of Josh H. Escovedo In Support of Evident, Inc.'s Motion to Compel Further Responses to Interrogatories and Document Requests) Modified on 12/12/2016 (cmj
1 Attachment
12/12/2016
REFERRAL OF 59 Supplemental MOTION to Compel Discovery of Further Responses to Interrogatories and Document Requests, 58 Response to Motion to Judge Milling. (Text entry; no document attached.)
60
12/15/2016
SECOND AMENDED Rule 16(b) SCHEDULING ORDER: Pretrial Conference set for 9/26/2017 10:00 AM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Judge Kristi K. DuBose. Discovery cutoff 4/28/2017. Motions due by 5/19/2017. Jury Selection set for 10/3/2017 08:45 AM (4 days for trial). Position Regarding Settlement due by 4/28/2017. Signed by Magistrate Judge Bert W. Milling, Jr on 12/14/2016.
Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
1
Standing Order) (mcb
1 Attachment
61
12/15/2016
RESPONSE to 59 Supplemental MOTION to Compel Discovery of Further Responses to Interrogatories and Document Requests, 50 MOTION to Compel Further Responses to Interrogatories and Document Requests filed by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
12/16/2016
REFERRAL OF 61 Response, to Judge Milling. (Text entry; no document attached.)
62
12/21/2016
Notice of Filing Supplemental Objections and Responses filed by Computer Programs and Systems, Inc.
63
12/21/2016
Order re: 50 MOTION to Compel Further Responses to Interrogatories and Document Requests filed by Wazu Holdings, Ltd. Defendants are to file by noon, 12/27/16 a statement regarding what discovery disputes still remain. Any remaining disputes contained in motion and related filings are set for oral argument 12/28/16. Statement deadline set for 12/27/2016; Discovery Hearing/Oral Argument set for 12/28/2016 10:00 AM in US Courthouse, Courtroom 3B, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Bert W. Milling Jr. Signed by Magistrate Judge Bert W. Milling, Jr on 12/21/2016.
64
12/22/2016
Joint MOTION for Extension of Time to file Certification and Statement and for Hearing on Remaining Discovery Disputes Re: Motion to Compel by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
12/22/2016
MOTIONS REFERRED: 64 Joint MOTION for Extension of Time to file Certification and Statement and for Hearing on Remaining Discovery Disputes Re: Motion to Compel Referred to Judge Bert W. Milling, Jr. (Text entry; no document attached.)
65
12/23/2016
ENDORSED ORDER granting as follows 64 the Joint Motion for Extension of Time. The date to confer and certify is extended to Wednesday Noon 1/11/2017 and the date and time for a hearing, if necessary, for any remaining discovery disputes set out in the original motion to compel is extended to Thursday 1/12/2017 at 2:00 PM in Courtroom 3B. Signed by Magistrate Judge Bert W. Milling, Jr on 12/23/2016.
12/23/2016
Reset Hearing (if needed) re: : Motion to Compel Discovery. Discovery Hearing/Oral Argument reset for 1/12/2017 02:00 PM in US Courthouse, Courtroom 3B, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Bert W. Milling Jr. per doc. 65 (Text entry; no document attached.)
66
01/05/2017
Notice of Filing Responses to Document Requests and Interrogatories filed by Wazu Holdings, Ltd.
67
01/10/2017
Supplemental Certification and Listing of Remaining Disputed Discovery Issues by Evident, Inc., Wazu Holdings, Ltd. Modified on 1/11/2017
01/11/2017
REFERRAL OF 67 Supplemental Certification to Judge Bert W. Milling, Jr. (Text entry; no document attached.)
01/12/2017
Minute Entry for proceedings held before Magistrate Judge Bert W. Milling, Jr: Discovery Hearing held on 1/12/2017. Ruling on the record as to requests # 9, 18, 20-23 re: Motion to Compel 50. DCR Digital Audio Recording. (Text entry; no document attached.)
69
01/12/2017
ORDER granting in part and denying in part 50 Motion to Compel as further set out. Signed by Magistrate Judge Bert W. Milling, Jr on 1/12/2017.
70
01/24/2017
Notice of Filing 30(b)(6) Depo Notices filed by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
71
01/26/2017
Notice of Filing Notice of 30(b)(6) deposition filed by Computer Programs and Systems, Inc. (Jackson, J.)
72
01/27/2017
Notice of Filing Notice of Deposition filed by Computer Programs and Systems, Inc. (Jackson, J.)
73
02/03/2017
Notice of Filing Notices of Deposition filed by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
74
02/03/2017
Notice of Filing Notice of Intent to Serve Subpoena on Non-Party and Subpoena to Testify filed by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
75
02/15/2017
MOTION to Bifurcate by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
02/16/2017
MOTIONS REFERRED: 75 MOTION to Bifurcate to Judge DuBose (Text entry; no document attached.)
76
02/16/2017
Order Setting Motion Deadline re: 75 MOTION to Bifurcate filed by Computer Programs and Systems, Inc., Evident, LLC Responses due by 2/24/2017. Signed by Judge Kristi K. DuBose on 2/16/2017.
77
02/23/2017
MOTION to Quash Subpoenas and for Protective Order by Computer Programs and Systems, Inc.
1
Exhibit Depo Notices - Douglas, Outlaw and Huffman
2
Exhibit Declarations -Douglas and Huffman
3
Exhibit Schneider Depo Page 103
4
Exhibit CPSI Rule 26 Initial Disclosures
5
Exhibit Plaintiff's Objections and Responses to Interrogatories
5 Attachments
78
02/23/2017
Objection re: 73 Notice of Filing filed by Computer Programs and Systems, Inc.
1
Exhibit 30(b)(6) Notices - CPSI and Evident, LLC
1 Attachment
02/24/2017
MOTIONS REFERRED: 77 MOTION to Quash Subpoenas and for Protective Order & REFERRAL OF 78 Objection to Judge Milling. (Text entry; no document attached.)
79
02/24/2017
MOTION to Supplement Exhibit B to Plaintiffs Motion to Quash Subpoenas by Computer Programs and Systems, Inc.
1
Exhibit Outlaw Declaration
1 Attachment
80
02/24/2017
ENDORSED ORDER granting 79 Plaintiff's Motion to Supplement Motion to Quash with affidavit. Signed by Magistrate Judge Bert W. Milling, Jr on 2/24/2017.
81
02/24/2017
RESPONSE in Opposition re 75 MOTION to Bifurcate filed by Evident, Inc., Wazu Holdings, Ltd.
1
Affidavit
2
Exhibit) (Motes, T.
2 Attachments
82
02/24/2017
MOTION for leave to Seal Document by Evident, Inc., Wazu Holdings, Ltd.
1
Text of Proposed Order) (Motes, T.
1 Attachment
85
02/27/2017
Joint MOTION to Amend Scheduling Order by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
03/01/2017
REFERRAL OF 81 Response in Opposition to Motion to Judge DuBose. (Text entry; no document attached.)
03/01/2017
MOTIONS REFERRED: 82 MOTION for leave to Seal Document, 85 Joint MOTION to Amend Scheduling Order & REFERRAL OF 83 Sealed Document(s), 84 Sealed Document(s) to Judge Bert W. Milling, Jr. (Text entry; no document attached.)
86
03/03/2017
ENDORSED ORDER granting as follows 82 Defendants' Motion to Seal Documents. The documents [83, 84] which have been submitted in support of Defendants' Opposition to Plaintiffs' Motion to Bifurcate [81, 77] are to remained sealed pending the Court's ruling on the Motion to Bifurcate. Signed by Magistrate Judge Bert W. Milling, Jr on 3/3/2017.
87
03/03/2017
ENDORSED ORDER granting 85 the Joint Motion to Modify Scheduling Order and the Second Amended Scheduling Order 60 is modified as follows. Plaintiffs are to make its expert disclosures not later than April 7, 2017 and Defendants are to make its expert disclosures not later than May 5, 2017; the discovery completion date and the date for filing the joint settlement status statement is extended to May 26, 2017; and the date to file dispositive motions is extended to June 16, 2017. It is also noted that mediation is scheduled on April 4-5, 2017, in Chicago, Illinois. All other dates in the Second Amended Scheduling Order remain as set therein. Signed by Magistrate Judge Bert W. Milling, Jr on 3/3/2017.
88
03/03/2017
MOTION for Extension of Time to File Response/Reply as to 75 MOTION to Bifurcate by Computer Programs and Systems, Inc.
03/06/2017
MOTIONS REFERRED: 88 MOTION for Extension of Time to File Response/Reply as to 75 MOTION to Bifurcate to Judge DuBose (Text entry; no document attached.)
89
03/06/2017
ENDORSED ORDER granting 88 Motion for Extension of Time to File Response/Reply. Signed by Chief Judge Kristi K. DuBose on 3/6/2017.
90
03/06/2017
REPLY to Response to Motion 75 filed by Computer Programs and Systems, Inc.
1
Exhibit
2
Exhibit
3
Exhibit
4
Exhibit
4 Attachments
91
03/07/2017
ORDER denying 75 Motion to Bifurcate as to discovery. Plaintiffs' request to bifurcate trial is denied at this time. However, Plaintiff may re-file the motion to bifurcate trial after the close of discovery and the resolution of any motions for summary judgment. Signed by Chief Judge Kristi K. DuBose on 3/7/2017.
92
03/09/2017
RESPONSE in Opposition re 77 MOTION to Quash Subpoenas and for Protective Order filed by Evident, Inc., Wazu Holdings, Ltd.
1
Affidavit Declaration of Marvin Gelfand Supporting Opposition to Motion to Quash Subpoenas) (Motes, T.
1 Attachment
93
03/09/2017
Second MOTION for leave to Seal Document by Evident, Inc., Wazu Holdings, Ltd.
1
Text of Proposed Order Proposed Order) (Motes, T.
1 Attachment
03/09/2017
REFERRAL OF 92 Response in Opposition to Motion, to Judge Milling. (Text entry; no document attached.)
03/09/2017
MOTIONS REFERRED: 93 Second MOTION for leave to Seal Document Referred to Judge Bert W. Milling, Jr. (Text entry; no document attached.)
03/09/2017
REFERRAL OF 102 Sealed Document(s), 97 Sealed Document(s), 99 Sealed Document(s), 100 Sealed Document(s), 98 Sealed Document(s), 101 Sealed Document(s), 94 Sealed Document(s), 95 Sealed Document(s), 103 Sealed Document(s), 96 Sealed Document(s) to Judge Milling. (Text entry; no document attached.)
104
03/09/2017
MOTION for Extension of Time to File Response/Reply as to 78 Objection to 30(b)(6) notices of deposition by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
105
03/09/2017
ENDORSED ORDER granting 104 Defendants' Motion for Extension of Time to File Response/Reply. The time is extended to 3/10/2017. Signed by Magistrate Judge Bert W. Milling, Jr on 3/9/2017.
106
03/10/2017
RESPONSE to 78 Objection filed by Evident, Inc., Wazu Holdings, Ltd.
1
Affidavit Declaration and Exhibits in Opposition to P's Objections to Amended 30b6 notices) (Motes, T.
1 Attachment
03/13/2017
REFERRAL OF 106 Response to Judge Milling. (Text entry; no document attached.)
107
03/13/2017
ENDORSED ORDER granting 93 Defendants' Motion to Seal Documents pending further order of the Court. Signed by Magistrate Judge Bert W. Milling, Jr on 3/13/2017.
108
03/13/2017
REPLY to Response to Motion 77 filed by Computer Programs and Systems, Inc.
03/13/2017
REFERRAL OF 108 Reply to Response to Motion to Judge Milling. (Text entry; no document attached.)
109
03/14/2017
MOTION to Quash Subpoena Duces Tecum Served on C. Brandon Browning and for Protective Order by Computer Programs and Systems, Inc., Evident, LLC. filed on 2/23/2017 in 17-mc-0003-KD. (Transferred from Alabama Northern on 3/1/2017)
1
Exhibit A
2
Exhibit B).Referred to Judge Bert W. Milling, Jr. (clr
2 Attachments
110
03/14/2017
Order re: 109 MOTION to Quash Subpoena Decus Tecum Served on C. Brandon Browning and for Protective Order. The Motion is GRANTED IN PART. To the extent Pltfs' Motion seeks transfer of the Motion it is granted. The court defers ruling on the remaining portion of the Motion (which seeks to quash the subpoena and entry of a protective order) and that portion of the Motion is also transferred to the United District Court for the Southern District of Alabama. Signed by Judge R David Proctor on 2/27/2017. (document filed on 2/27/2017 in 17-mc-0003-KD) [Transferred from Alabama Northern on 3/1/2017.] Signed by Magistrate Judge Bert W. Milling, Jr on 2/27/2017.
111
03/14/2017
Case transferred in from District of Alabama Northern; Case Number 2:17-mc-00297 (filed on 3/1/2017 in 17-mc-0003-KD).
1
Non-Public Docket Sheet) (clr
1 Attachment
112
03/14/2017
RESPONSE in Opposition re 109 MOTION to Quash filed by Evident, LLC, Wazu Holdings, Ltd., filed on 3/9/2017 in 17-mc-0003-KD.
1
Affidavit Declaration Supporting Opposition to Motion
2
Exhibit to Declaration Supporting Opposition) (clr
2 Attachments
113
03/15/2017
Order Consolidating Cases. Lead Case No.: 15-405-KD-M, Member Case No.: 17-0003-KD-M. All future pleadings to be filed in the Lead Case. The Clerk is DIRECTED to place documents from Misc. No. 17-3 in Civil Action No. 15-405 and close Misc No. 17-3 for statistical purposes. A hearing on all pending discovey motions is SET for Thursday, March 16, 2017 at 8:30 AM in Courtroom 3B. Signed by Magistrate Judge Bert W. Milling, Jr on 3/15/2017.
03/15/2017
SET Hearings: Motion Hearing on all pending discovery motions set for 3/16/2017 at 08:30 AM in US Courthouse, Courtroom 3B, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Bert W. Milling Jr. (Text entry; no document attached.)
03/16/2017
Minute Entry for proceedings held before Magistrate Judge Bert W. Milling, Jr: Motion Hearing held on 3/16/2017 re 109 MOTION to Quash filed by Computer Programs and Systems, Inc., Evident, LLC, 77 MOTION to Quash Subpoenas and for Protective Order filed by Computer Programs and Systems, Inc. DCR Digital Audio Recording. (Text entry; no document attached.)
114
03/16/2017
ORDER entered. GRANTING IN PART AND DENYING IN PART 77 Motion to Quash Subpoenas Served on J. Boyd Douglas, A. Robert Outlaw, Jr., and Charles P. Huffman. Motion to Quash Subpoena Served on C. Brandon Browning and for Protective Order 109 was DENIED by agreement of the parties, as more fully set out. Signed by Magistrate Judge Bert W. Milling, Jr on 3/16/2017.
116
04/06/2017
NOTICE by All Plaintiffs of Service of Notice of Intent to Serve Non-Party Subpoena
117
04/12/2017
MOTION to Compel by Computer Programs and Systems, Inc.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
5 Attachments
04/12/2017
MOTIONS REFERRED: 117 MOTION to Compel and Supporting Memorandum of Law Referred to Judge Bert W. Milling, Jr. (Text entry; no document attached.)
118
04/13/2017
Second MOTION to Compel Discovery by Evident, Inc., Wazu Holdings, Ltd.
1
Exhibit Exhibit &quot;A&quot;) (Motes, T.
1 Attachment
119
04/13/2017
Third MOTION for leave to Seal Document by Evident, Inc., Wazu Holdings, Ltd.
1
Text of Proposed Order Proposed Order) (Motes, T.
1 Attachment
04/14/2017
MOTIONS REFERRED: 119 Third MOTION for leave to Seal Document, 118 Second MOTION to Compel Discovery Referred to Judge Bert W. Milling, Jr. (Text entry; no document attached.)
04/14/2017
REFERRAL OF 123 Sealed Document(s), 124 Sealed Document(s), 122 Sealed Document(s), 125 Sealed Document(s), 121 Sealed Document(s), 120 Sealed Document(s) to Judge Milling. (Text entry; no document attached.)
126
04/17/2017
Order re: 119 Third MOTION for leave to Seal Document filed by Evident, Inc., Wazu Holdings, Ltd., 117 MOTION to Compel filed by Computer Programs and Systems, Inc., 118 Second MOTION to Compel Discovery filed by Evident, Inc., Wazu Holdings, Ltd. Counsel is ORDERED to confer in an effort to resolve the present discovery disputes. Not later than 4/28/2017, the parties are to file a joint report detailing their efforts to confer and resolve the remaining discovery disputes. If any disputes remain, they are to be listed with an explanation as to why that dispute could not be solved by counsel, as further set out. Signed by Magistrate Judge Bert W. Milling, Jr on 4/17/2017.
127
04/25/2017
NOTICE by Evident, Inc., Wazu Holdings, Ltd. Supplemental Responses to Plaintiffs' First Set of Interrogatories
128
04/26/2017
Notice of Filing Notice of Service of Supplemental Discovery filed by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
129
04/26/2017
Notice of Filing Notice of Service of Supplemental Discovery filed by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
130
04/26/2017
Notice of Filing Notice of Service of Supplemental Discovery filed by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
131
04/26/2017
Notice of Filing Notice of Service of Supplemental Discovery filed by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
132
04/26/2017
Notice of Filing Plaintiffs Third Set of Interrogatories and Requests for Production to Defendants filed by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
133
04/26/2017
Memorandum in Opposition re 117 MOTION to Compel filed by Evident, Inc., Wazu Holdings, Ltd.
1
Exhibit A - Declaration of Brenda Edwards
1 Attachment
04/27/2017
REFERRAL OF 133 Memorandum in Opposition to Judge Milling. (Text entry; no document attached.)
134
04/28/2017
NOTICE by Evident, Inc., Wazu Holdings, Ltd. of service of Supplemental Production of Documents Produced Pursuant to Requests for Production, Set One
135
04/28/2017
RESPONSE TO ORDER re: 126 Order, Set Deadlines, by Evident, Inc., Wazu Holdings, Ltd. filed by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
05/01/2017
REFERRAL OF 135 Response to Order to Judge Milling. (Text entry; no document attached.)
136
05/01/2017
Order Setting Motion Hearing re: 117 MOTION to Compel filed by Computer Programs and Systems, Inc. 118 Second MOTION to Compel Discovery filed by Evident, Inc., Wazu Holdings, Ltd. Motion Hearing set for 5/4/2017 10:30 AM in US Courthouse, Courtroom 3B, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Katherine P. Nelson. Signed by Magistrate Judge Katherine P. Nelson on 5/1/2017.
137
05/01/2017
ORDER OF RECUSAL entered by Magistrate Judge Bert W. Milling, Jr. Case reassigned to Magistrate Judge Katherine P. Nelson for all further proceedings. Signed by Magistrate Judge Bert W. Milling, Jr on 5/1/2017.
138
05/01/2017
Notice of Filing Amended Deposition Notice filed by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
139
05/03/2017
NOTICE by Evident, Inc., Wazu Holdings, Ltd. of Service of Discovery
05/04/2017
Minute Entry for proceedings held before Magistrate Judge Katherine P. Nelson: Motion Hearing held on 5/4/2017 re 117 MOTION to Compel filed by Computer Programs and Systems, Inc., 118 Second MOTION to Compel Discovery filed by Evident, Inc., Wazu Holdings, Ltd. DCR Digital Audio Recording. (Text entry; no document attached.)
140
05/05/2017
Order. A hearing was held 5/4/17 re: 117 MOTION to Compel filed by Computer Programs and Systems, Inc. and 118 Second MOTION to Compel Discovery filed by Evident, Inc., Wazu Holdings, Ltd. As a result, parties are ordered to file a joint report by 5/11/17, of their efforts to resolve the remaining discovery disputes and if disputes still remain, they are to list them, along with the reasons why they could not be resolved. (Miscellaneous deadline set for 5/11/2017.). Signed by Magistrate Judge Katherine P. Nelson on 5/4/2017.
142
05/11/2017
Joint MOTION for Extension of Time to File Joint Report by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
05/11/2017
MOTIONS REFERRED: 142 Joint MOTION for Extension of Time to File Joint Report Referred to Judge Katherine P. Nelson. (Text entry; no document attached.)
143
05/12/2017
ORDER granting 142 Motion for Extension of Time to File Document. The parties are ORDERED to file a joint report detailing their efforts to confer and resolve the remaining discovery disputes as previously set forth by not later than Wednesday, May 17, 2017 Signed by Magistrate Judge Katherine P. Nelson on 5/12/2017.
144
05/17/2017
Second MOTION for Extension of Time to File Joint Report by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
145
05/17/2017
Joint MOTION to Amend Scheduling Order by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
05/18/2017
MOTIONS REFERRED: 144 Second MOTION for Extension of Time to File Joint Report, 145 Joint MOTION to Amend Scheduling Order Referred to Judge Katherine P. Nelson. (Text entry; no document attached.)
146
05/19/2017
ORDER granting 144 Motion for Extension of Time to File Document.The parties are ORDERED to file a joint report detailing their efforts to confer and resolve the remaining discovery disputes as previously set forth by not later than Friday, May 26, 2017 Signed by Magistrate Judge Katherine P. Nelson on 5/19/2017.
147
05/22/2017
FOURTH AMENDED SCHEDULING ORDER: Pretrial Conference set for 3/8/2018 01:00 AM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Chief Judge Kristi K. DuBose. Discovery cutoff 8/25/2017. Motions due by 9/15/2017. Jury Selection set for 4/3/2018 08:45 AM in US Courthouse, Courtroom 5A, 113 St. Joseph Street, Mobile, AL 36602 before Chief Judge Kristi K. DuBose. Position Regarding Settlement due by 8/25/2017. All other provisions in the Scheduling Order are unmodified by this Order and remain in full force. Signed by Magistrate Judge Katherine P. Nelson on 5/19/2017. (cmj)
Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
148
05/26/2017
RESPONSE TO ORDER re: 143 Order on Motion for Extension of Time to File Document, 146 Order on Motion for Extension of Time to File Document, 140 Order, Set Deadlines, by Computer Programs and Systems, Inc., Evident, LLC filed by Computer Programs and Systems, Inc., Evident, LLC.
05/30/2017
REFERRAL OF 148 Response to Order, to Judge Nelson. (Text entry; no document attached.)
149
05/31/2017
Document endorsed NOTED by Magistrate Judge Katherine P. Nelson: Response to Order, 148 filed by Computer Programs and Systems, Inc., Evident, LLC
150
06/01/2017
Order Setting Motion Hearing re: 117 MOTION to Compel filed by Computer Programs and Systems, Inc. and 118 Second MOTION to Compel Discovery filed by Evident, Inc., Wazu Holdings, Ltd. Motion Hearing set for 6/14/2017 02:00 PM in US Courthouse, Courtroom 3B, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Katherine P. Nelson. Signed by Magistrate Judge Katherine P. Nelson on 5/31/2017.
06/14/2017
Minute Entry for proceedings held before Magistrate Judge Katherine P. Nelson: Motion Hearing held on 6/14/2017 re 117 MOTION to Compel filed by Computer Programs and Systems, Inc., 118 Second MOTION to Compel Discovery filed by Evident, Inc., Wazu Holdings, Ltd. DCR Digital Audio Recording. (Text entry; no document attached.)
154
06/26/2017
Order granting in part and denying in part 117 MOTION to Compel filed by Computer Programs and Systems, Inc., and 118 Second MOTION to Compel Discovery filed by Evident, Inc., Wazu Holdings, Ltd. as set out herein. Parties are ordered to notify Court in writing whether the exchange of information resulted in a resolution and the status of the outstanding discovery dispute by no later than 7/3/2017. Signed by Magistrate Judge Katherine P. Nelson on 6/26/2017.
155
06/30/2017
Joint MOTION to Amend Scheduling Order 147 Scheduling Order, by Computer Programs and Systems, Inc.
06/30/2017
MOTIONS REFERRED: 155 Joint MOTION to Amend Scheduling Order 147 Scheduling Order. Referred to Judge Katherine P. Nelson. (Text entry; no document attached.)
156
07/03/2017
FIFTH AMENDED SCHEDULING ORDER (granting Joint Motion to Modify Scheduling Order, doc. 155): Discovery cutoff 10/24/2017. Motions due by 11/15/2017. Position Regarding Settlement due by 10/25/2017. See other deadlines as set out. Signed by Magistrate Judge Katherine P. Nelson on 7/3/2017. (cmj)
Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
157
07/03/2017
RESPONSE TO ORDER re: 154 Order, Set Deadlines, Terminate Motions, by Computer Programs and Systems, Inc., Evident, LLC filed by Computer Programs and Systems, Inc., Evident, LLC.
158
07/03/2017
Supplemental MOTION to Compel by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
07/03/2017
REFERRAL OF 157 Response to Order to Judge Nelson. (Text entry; no document attached.)
07/03/2017
MOTIONS REFERRED: 158 Supplemental MOTION to Compel Referred to Judge Katherine P. Nelson. (Text entry; no document attached.)
159
07/18/2017
Order for parties to file a joint position statement as to the status of the discovery dispute by 7/21/17, containing the position of each party along with supporting grounds for same. (Miscellaneous deadline set for 7/21/2017.). Signed by Magistrate Judge Katherine P. Nelson on 7/17/2017.
160
07/21/2017
RESPONSE TO ORDER re: 159 Order, Set Deadlines, by Evident, Inc., Wazu Holdings, Ltd. filed by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
07/24/2017
REFERRAL OF 160 Response to Order to Judge Nelson. (Text entry; no document attached.)
161
07/24/2017
Order. Discovery Hearing set for 8/11/2017 10:00 AM in US Courthouse, Courtroom 3B, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Katherine P. Nelson. Signed by Magistrate Judge Katherine P. Nelson on 7/24/2017.
162
08/09/2017
NOTE TIME CHANGE: Order; Discovery Hearing set for 8/11/2017 09:00 AM in US Courthouse, Courtroom 3B, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Katherine P. Nelson. Signed by Magistrate Judge Katherine P. Nelson on 8/9/2017.
163
08/09/2017
MOTION to Allow Participation of Lead Counsel by Telephone during Discovery Hearing by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
164
08/10/2017
ORDER granting 163 Motion to Allow Participation of Lead Counsel by Telephone During Discovery Hearing. Signed by Magistrate Judge Katherine P. Nelson on 8/10/2017.
165
08/10/2017
NOTICE by Evident, Inc., Wazu Holdings, Ltd. OF SERVICE OF DISCOVERY
08/11/2017
Minute Entry for proceedings held before Magistrate Judge Katherine P. Nelson: Discovery Hearing held on 8/11/2017. DCR Digital Audio Recording. (Text entry; no document attached.)
167
08/21/2017
ORDER granting in part and denying in part 158 Motion to Compel 117 Motion to Compel and 118 Motion to Compel as set out. Any party seeking an award of attorneys fees shall file a motion by 8/24/17 with responses due 8/30/17. See additional information in order. The oral motion to extend deadline for designation of experts is modified as set out in order. Signed by Magistrate Judge Katherine P. Nelson on 8/21/2017.
168
08/22/2017
CORRECTED ORDER (correcting doc. 167), granting in part and denying in part 158 Motion to Compel 117 Motion to Compel and 118 Motion to Compel as set out. Any party seeking an award of attorneys fees shall file a motion by 8/24/17 with responses due 8/30/17. See additional information in order. The oral motion to extend deadline for designation of experts is modified as set out in order. (This corrected order changes Defendants' Liability Expert date on page 3). Signed by Magistrate Judge Katherine P. Nelson on 8/21/2017.
169
09/13/2017
Order Setting Motion Deadline re: 119 Third MOTION for leave to Seal Document filed by Evident, Inc., Wazu Holdings, Ltd. It appears this motion is moot. Accordingly, unless either party objects by 9/20/17, the court will enter an order finding the motion moot. Objections/Responses due by 9/20/2017. Signed by Magistrate Judge Katherine P. Nelson on 9/13/17.
170
09/21/2017
ENDORSED ORDER finding as moot 119 Motion to Seal Document. See Doc. 169. Signed by Magistrate Judge Katherine P. Nelson on 9/21/2017.
171
09/26/2017
Fifth MOTION to Amend Scheduling Order 168 Order, 156 Scheduling Order, by Computer Programs and Systems, Inc., Evident, LLC.
172
09/28/2017
RESPONSE to Motion re: 171 Fifth MOTION to Amend Scheduling Order 168 Order, 156 Scheduling Order, Opposition filed by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
173
10/05/2017
REPLY to Response to Motion 171 to Modify Scheduling Order filed by Computer Programs and Systems, Inc.
174
10/17/2017
Order granting in part and denying in part 171 Fifth MOTION to Amend Scheduling Order 156 Scheduling Order filed by Computer Programs and Systems, Inc., Evident, LLC. Discovery deadline reset to 11/20/2017; Motions deadline reset to 12/11/2017; Position Regarding Settlement deadline reset to 11/21/2017. Signed by Magistrate Judge Katherine P. Nelson on 10/17/17.
175
10/24/2017
Order setting this matter for a telephone conference. Telephone Conference set for 10/25/2017 10:00 AM with Magistrate Judge Katherine P. Nelson. See call-in information. Signed by Magistrate Judge Katherine P. Nelson on 10/24/17.
177
10/25/2017
Order resetting the following deadlines: Motions due by 12/22/2017, Settlement Position due by 11/27/2017, Pretrial Conference set for 3/22/2017 11:00 AM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Chief Judge Kristi K. DuBose. The action remains set for jury selection 4/3/18. Signed by Magistrate Judge Katherine P. Nelson on 10/25/17.
178
11/03/2017
Notice of Filing filed by Computer Programs and Systems, Inc., Evident, LLC.
1
Plaintiffs&#039; Designation of Expert Witnesses) (Jackson, J.
1 Attachment
179
11/03/2017
Notice of Filing Notice of 30(b)(6) and Videotaped Deposition of Tenet Partners filed by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
180
11/13/2017
STIPULATION re 174 Order, Set Scheduling Order Deadlines, re schedule for designation of expert witnesses and completion of expert discovery by Evident, Inc., Wazu Holdings, Ltd.
181
11/13/2017
NOTICE by Evident, Inc., Wazu Holdings, Ltd.
1
Defendants&#039; Designation of Expert Witness
1 Attachment
182
11/21/2017
Notice of Filing Amended Notice of Deposition of J. Boyd Douglas filed by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
183
11/22/2017
NOTICE by Evident, Inc., Wazu Holdings, Ltd.
1
Defendants&#039; Second Designation of Expert Witnesses
1 Attachment
184
11/27/2017
Joint Position Regarding Settlement filed by Evident, LLC.
185
11/28/2017
Document endorsed NOTED by Magistrate Judge Katherine P. Nelson: Position Regarding Settlement 184 filed by Evident, LLC.
186
12/08/2017
NOTICE by Evident, Inc., Wazu Holdings, Ltd. of Service of Discovery
187
12/12/2017
STIPULATION Joint Stipulation by Evident, LLC, Computer Programs and Systems, Inc.
188
12/15/2017
Order re: 180 Stipulation filed by Evident, Inc., Wazu Holdings, Ltd. and 187 Stipulation filed by Computer Programs and Systems, Inc., Evident, LLC extending discovery. The Court's 12/22/17 dispositive motion deadline and other remaining deadlines remain in place as set out in the Rule 16(b) Scheduling Order and Amendments thereto, as set out. Signed by Magistrate Judge Katherine P. Nelson on 12/15/17.
189
12/15/2017
Notice of Filing filed by Computer Programs and Systems, Inc., Evident, LLC.
1
Notice of Deposition - David Stewart
2
Notice of Deposition - Laurence Baker
3
Notice of Deposition - Irving Rappaport) (Jackson, J.
3 Attachments
190
12/22/2017
MOTION for Leave to File Excess Pages MOTION FOR LEAVE TO FILE BRIEF IN EXCESS OF PAGE LIMIT by Computer Programs and Systems, Inc., Evident, LLC.
1
Text of Proposed Order Exhibit 1 - Order Granting Motion for Leave to File Brief in Excess of Page Limit) (Jackson, J.
1 Attachment
191
12/22/2017
ENDORSED ORDER granting 190 Motion for Leave to File Excess Pages as follows: 10 additional pages allowed. Signed by Chief Judge Kristi K. DuBose on 12/22/17.
192
12/22/2017
MOTION for Partial Summary Judgment on Liability by Evident, Inc., Wazu Holdings, Ltd.
1
Text of Proposed Order
1 Attachment
193
12/22/2017
Memorandum in Support re 192 MOTION for Partial Summary Judgment on Liability filed by Evident, Inc., Wazu Holdings, Ltd.
12/22/2017
MOTIONS REFERRED: 192 MOTION for Partial Summary Judgment on Liability to Judge DuBose (Text entry; no document attached.)
12/22/2017
REFERRAL OF 193 Memorandum in Support to Judge DuBose. (Text entry; no document attached.)
194
12/22/2017
Order Setting Motion Deadline re: 192 MOTION for Partial Summary Judgment on Liability filed by Evident, Inc., Wazu Holdings, Ltd. Responses due by 1/12/2018 Replies due by 1/19/2018. Motion to be taken under submission on 1/22/2018. Signed by Chief Judge Kristi K. DuBose on 12/22/17.
195
12/22/2017
Evidentiary Material filed by Evident, Inc., Wazu Holdings, Ltd. re: 192 MOTION for Partial Summary Judgment on Liability.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
4
Exhibit 4
5
Exhibit 5
6
Exhibit 6
7
Exhibit 7
8
Exhibit 8
9
Exhibit 9
10
Exhibit 10
11
Exhibit 11
12
Exhibit 12
13
Exhibit 13
14
Exhibit 14
15
Exhibit 15
16
Exhibit 16
17
Exhibit 17
17 Attachments
12/22/2017
REFERRAL OF 195 Evidentiary Material, to Judge DuBose. (Text entry; no document attached.)
196
12/22/2017
MOTION for leave to Seal Document by Evident, Inc., Wazu Holdings, Ltd.
1
Text of Proposed Order
1 Attachment
12/22/2017
MOTIONS REFERRED: 196 MOTION for leave to Seal Document to Judge DuBose (Text entry; no document attached.)
12/22/2017
REFERRAL OF 197 Sealed Document(s), to Judge DuBose. (Text entry; no document attached.)
198
12/22/2017
NOTICE by Evident, Inc., Wazu Holdings, Ltd. re 195 Evidentiary Material, filed under seal, served by U.S. Mail on counsel for parties
01/02/2018
MOTIONS REFERRED: 199 MOTION for leave to Seal Document MSJ and Exhibits, 196 MOTION for leave to Seal Document Referred to Judge Katherine P. Nelson. (Text entry; no document attached.)
12/27/2017
REFERRAL OF 200 Sealed Document(s) to Judge DuBose. (Text entry; no document attached.)
01/02/2018
MOTIONS REFERRED: 199 MOTION for leave to Seal Document MSJ and Exhibits, 196 MOTION for leave to Seal Document Referred to Judge Katherine P. Nelson. (Text entry; no document attached.)
199
12/22/2017
MOTION for leave to Seal Document MSJ and Exhibits by Computer Programs and Systems, Inc.
1
Text of Proposed Order
1 Attachment
12/27/2017
MOTIONS REFERRED: 199 MOTION for leave to Seal Document MSJ and Exhibits to Judge DuBose (Text entry; no document attached.)
12/27/2017
REFERRAL OF 200 Sealed Document(s) to Judge DuBose. (Text entry; no document attached.)
201
01/02/2018
NOTICE by Evident, Inc., Wazu Holdings, Ltd. of Service of Discovery
1
Notice of Deposition - Elsbeth Kalenderian
1 Attachment
01/02/2018
MOTIONS REFERRED: 199 MOTION for leave to Seal Document MSJ and Exhibits, 196 MOTION for leave to Seal Document Referred to Judge Katherine P. Nelson. (Text entry; no document attached.)
202
01/04/2018
Order re: 196 MOTION for leave to Seal Document filed by Evident, Inc., Wazu Holdings, Ltd. Evident, Inc. is ordered to file an amended motion, as set out, on or before 1/9/18. (Miscellaneous deadline set for 1/9/2018.). Signed by Magistrate Judge Katherine P. Nelson on 1/4/18.
203
01/04/2018
ORDER granting 199 Motion to Seal Document. Signed by Magistrate Judge Katherine P. Nelson on 1/4/18.
204
01/08/2018
NOTICE by Evident, Inc., Wazu Holdings, Ltd. of Service of Discovery
1
Notice of Deposition Duces Tecum of Robert A. Robicheaux, Ph.D.
2
Notice of Deposition Duces Tecum of Theodore H. Davis Jr.
2 Attachments
205
01/09/2018
RESPONSE to 196 MOTION for leave to Seal Document filed by Evident, Inc. (Motes, T.)
01/09/2018
AMENDED MOTION for leave to Seal Document, amending doc. 196) by Evident, Inc. (SEE IMAGE AT DOC. 205) Referred to Judge Katherine P. Nelson. (Text entry; no document attached.)
206
01/11/2018
MOTION for Leave to File Excess Pages re Opposition to Plaintiffs' Motion for Summary Judgment by Evident, Inc., Wazu Holdings, Ltd.
1
Text of Proposed Order
1 Attachment
01/11/2018
MOTIONS REFERRED: 206 MOTION for Leave to File Excess Pages re Opposition to Plaintiffs' Motion for Summary Judgment to Judge DuBose (Text entry; no document attached.)
207
01/11/2018
ORDER granting 196 Motion to Seal Document ; granting 205 Motion to withdraw its request for the Court to make a determination pertaining to the designated materis. Signed by Magistrate Judge Katherine P. Nelson on 1/11/18.
208
01/12/2018
MOTION for Leave to File Excess Pages by Computer Programs and Systems, Inc., Evident, LLC.
1
Text of Proposed Order) (Jackson, J.
1 Attachment
209
01/12/2018
Order Setting Motion Deadline re: 200 Sealed Document(s) - MSJ and EXHIBITS A - OO filed by Computer Programs and Systems, Inc., and Evident, LLC. Responses due by 2/2/2018 Replies due by 2/9/2018. Motion to be taken under submission on 2/12/2018. Signed by Chief Judge Kristi K. DuBose on 01/12/2018.
01/12/2018
MOTIONS REFERRED: 208 MOTION for Leave to File Excess Pages to Judge DuBose (Text entry; no document attached.)
210
01/12/2018
ENDORSED ORDER granting 208 Motion for Leave to File Excess Pages; 10 additional pages allowed. Signed by Chief Judge Kristi K. DuBose on 1/12/18. (gcp) Modified on 1/12/2018
211
01/12/2018
ENDORSED ORDER granting 206 Motion for Leave to File Excess Pages. Signed by Chief Judge Kristi K. DuBose on 1/12/18.
212
01/12/2018
MOTION for leave to Seal Document Opposition to Plaintiffs Motion for Summary Judgment and Exhibits by Evident, Inc., Wazu Holdings, Ltd.
213
01/12/2018
MOTION for leave to Seal Document by Computer Programs and Systems, Inc., Evident, LLC.
1
Exhibit Exhibit 1 - Proposed Order
1 Attachment
217
01/17/2018
MOTION for Leave to File Reply Brief in Excess of Page Limit by Evident, Inc.
1
Exhibit Proposed Order) (Motes, T.
1 Attachment
218
01/18/2018
ENDORSED ORDER granting 217 Motion for Leave to File Excess Pages (5 additional pages allowed). Signed by Chief Judge Kristi K. DuBose on 1/18/18.
219
01/18/2018
MOTION for Leave to File Excess Pages by Computer Programs and Systems, Inc., Evident, LLC.
1
Text of Proposed Order) (Jackson, J.
1 Attachment
220
01/18/2018
STIPULATION JOINT STIPULATION by Evident, LLC, Computer Programs and Systems, Inc. (Jackson, J.)
01/18/2018
MOTIONS REFERRED: 219 MOTION for Leave to File Excess Pages, 212 MOTION for leave to Seal Document Opposition to Plaintiffs Motion for Summary Judgment and Exhibits, 213 MOTION for leave to Seal Document to Judge DuBose (Text entry; no document attached.)
01/18/2018
REFERRAL OF 214 Sealed Document(s), 216 SEALED MOTION OPPOSITION TO DEFENDANT/COUNTERCLAIMANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT, 215 Sealed Document(s) to Judge DuBose. (Text entry; no document attached.)
01/18/2018
REFERRAL OF 220 Stipulation to Judge DuBose. (Text entry; no document attached.)
221
01/19/2018
ENDORSED ORDER granting 219 Motion for Leave to File Excess Pages; 5 additional pages allowed. Signed by Chief Judge Kristi K. DuBose on 1/19/18.
222
01/19/2018
MOTION for leave to Seal Document by Computer Programs and Systems, Inc., Evident, LLC.
1
Text of Proposed Order) (Jackson, J.
1 Attachment
223
01/19/2018
MOTION for leave to Seal Document Motion for Leave to File Sealed Documents re Reply In Support of Motion For Partial Summary Judgment and Exhibits by Evident, Inc.
1
Text of Proposed Order
1 Attachment
01/22/2018
MOTIONS REFERRED: 222 MOTION for leave to Seal Document, 223 MOTION for leave to Seal Document Motion for Leave to File Sealed Documents re Reply In Support of Motion For Partial Summary Judgment and Exhibits to Judge DuBose (Text entry; no document attached.)
01/22/2018
REFERRAL OF 224 Sealed Document(s), 225 SEALED REPLY IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT AND SUPPORTING BRIEF to Judge DuBose. (Text entry; no document attached.)
226
02/05/2018
Sealed Order. Signed by Chief Judge Kristi K. DuBose on 2/5/18.
227
02/06/2018
ORDER re: the parties' respective motions for leave to file documents under seal 212, 213, 216, 222 and 223 are GRANTED. Signed by Chief Judge Kristi K. DuBose on 2/6/18.
02/06/2018
Set Hearings: Jury Selection set for 4/3/2018 08:45 AM in US Courthouse, Courtroom 5A, 113 St. Joseph Street, Mobile, AL 36602 before Chief Judge Kristi K. DuBose. Jury Trial set for 4/16/2018 08:45 AM in US Courthouse, Courtroom 5A, 113 St. Joseph Street, Mobile, AL 36602 before Chief Judge Kristi K. DuBose. Pretrial Conference set for 3/22/2018 11:00 AM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Chief Judge Kristi K. DuBose. (Text entry; no document attached.)
228
02/15/2018
Notice of Filing Notice of Deposition filed by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
229
02/21/2018
MOTION for Brittany J. Shugart to Appear Pro Hac Vice (Filing fee $ 50, Receipt number 1128-2186507, Online Credit Card Payment.) by Evident, Inc., Wazu Holdings, Ltd.
1
Exhibit A
2
Exhibit B
2 Attachments
02/22/2018
MOTIONS REFERRED: 229 MOTION for Brittany J. Shugart to Appear Pro Hac Vice (Filing fee $ 50, Receipt number 1128-2186507, Online Credit Card Payment.) Referred to Judge Katherine P. Nelson. (Text entry; no document attached.)
230
02/22/2018
ENDORSED ORDER granting 229 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Katherine P. Nelson on 02/22/2018.
231
02/22/2018
NOTICE by Evident, Inc., Wazu Holdings, Ltd. of Service of Discovery
02/22/2018
MOTIONS REFERRED: 229 MOTION for Brittany J. Shugart to Appear Pro Hac Vice (Filing fee $ 50, Receipt number 1128-2186507, Online Credit Card Payment.) Referred to Judge Katherine P. Nelson. (Text entry; no document attached.)
232
02/23/2018
Notice of Filing Notice of Deposition filed by Computer Programs and Systems, Inc., Evident, LLC.
1
Notice of Deposition Duces Tecum - Michael A. Einhorn) (Jackson, J.
1 Attachment
233
02/23/2018
Notice of Filing Notice of Deposition of John Plumpe filed by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
234
03/05/2018
Order setting settlement conference. Settlement Conference set for 3/22/2018 12:00 PM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Katherine P. Nelson. See additional information contained in Order. Signed by Magistrate Judge Katherine P. Nelson on 3/5/18.
235
03/08/2018
MOTION for leave to Seal Document by Computer Programs and Systems, Inc., Evident, LLC.
1
Text of Proposed Order) (Jackson, J.
1 Attachment
236
03/08/2018
MOTION for leave to Seal Document by Computer Programs and Systems, Inc., Evident, LLC.
1
Text of Proposed Order) (Jackson, J.
1 Attachment
237
03/08/2018
MOTION for leave to Seal Document by Computer Programs and Systems, Inc., Evident, LLC.
1
Text of Proposed Order) (Jackson, J.
1 Attachment
238
03/08/2018
MOTION for leave to Seal Document by Computer Programs and Systems, Inc., Evident, LLC.
1
Text of Proposed Order) (Jackson, J.
1 Attachment
239
03/08/2018
MOTION for leave to Seal Document by Evident, Inc., Wazu Holdings, Ltd.
1
Text of Proposed Order
1 Attachment
03/08/2018
MOTIONS REFERRED: 238 MOTION for leave to Seal Document, 235 MOTION for leave to Seal Document, 236 MOTION for leave to Seal Document, 239 MOTION for leave to Seal Document, 237 MOTION for leave to Seal Document to Judge DuBose (Text entry; no document attached.)
240
03/08/2018
MOTION for leave to Seal Document by Evident, Inc., Wazu Holdings, Ltd.
1
Text of Proposed Order
1 Attachment
241
03/08/2018
MOTION for leave to Seal Document by Evident, Inc., Wazu Holdings, Ltd.
1
Text of Proposed Order
1 Attachment
03/08/2018
MOTIONS REFERRED: 240 MOTION for leave to Seal Document, 241 MOTION for leave to Seal Document to Judge DuBose (Text entry; no document attached.)
242
03/08/2018
MOTION to Exclude Opinions and Testimony of Theodore H. Davis Jr. by Evident, Inc., Wazu Holdings, Ltd.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
3 Attachments
247
03/08/2018
NOTICE by Evident, Inc., Wazu Holdings, Ltd. of Defendant Wazu Holdings, Ltd. and Defendant and Counterclaimant Evident, Inc.'s Pretrial Disclosures
250
03/08/2018
NOTICE by Computer Programs and Systems, Inc., Evident, LLC PRETRIAL DISCLOSURES
1
Exhibit A - Exhibit List
2
Exhibit B - Witness List) (Jackson, J.
2 Attachments
251
03/12/2018
MOTION for leave to Seal Document by Computer Programs and Systems, Inc., Evident, LLC.
1
Text of Proposed Order) (Jackson, J.
1 Attachment
03/12/2018
MOTIONS REFERRED: 251 MOTION for leave to Seal Document to Judge DuBose (Text entry; no document attached.)
253
03/13/2018
ORDER re [251, 252]: Defendants shall file a Response to the motion to bifurcate on or before March 19, 2018. Signed by Chief Judge Kristi K. DuBose on 3/13/18. (gcp) Modified on 3/13/2018
254
03/13/2018
ORDER re: [242, 243, 244, 245, 246, 248, 249]: Responses to the motions to exclude shall be filed on or before March 19, 2018. Signed by Chief Judge Kristi K. DuBose on 3/13/18. (gcp) Modified on 3/13/2018
255
03/15/2018
Joint MOTION for Extension of Time for filing Joint Pretrial Document by All Plaintiffs.
256
03/15/2018
ENDORSED ORDER granting 255 Joint Motion for Extension of Time to file the joint pretrial document to March 16, 2018. Signed by Chief Judge Kristi K. DuBose on 3/15/18.
257
03/16/2018
Joint MOTION for leave to Seal Document by Computer Programs and Systems, Inc., Evident, LLC.
1
Text of Proposed Order) (Jackson, J.
1 Attachment
03/19/2018
MOTIONS REFERRED: 257 Joint MOTION for leave to Seal Document to Judge DuBose (Text entry; no document attached.)
03/19/2018
REFERRAL OF 258 Sealed Document(s), to Judge DuBose. (Text entry; no document attached.)
259
03/19/2018
MOTION for leave to Seal Document Opposition to Motion to Exclude Testimony of Dr. David Stewart by Evident, Inc., Wazu Holdings, Ltd.
1
Text of Proposed Order
1 Attachment
260
03/19/2018
MOTION for leave to Seal Document Opposition to Motion to Exclude Testimony of Dr. Laurence Baker by Evident, Inc., Wazu Holdings, Ltd.
1
Text of Proposed Order
1 Attachment
261
03/19/2018
MOTION for leave to Seal Document Opposition to Motion to Exclude Testimony of Irving S. Rappaport by Evident, Inc., Wazu Holdings, Ltd.
1
Text of Proposed Order
1 Attachment
262
03/19/2018
MOTION for leave to Seal Document Opposition to Motion to Exclude Testimony of Michael A. Einhorn by Evident, Inc., Wazu Holdings, Ltd.
1
Text of Proposed Order
1 Attachment
03/19/2018
MOTIONS REFERRED: 259 MOTION for leave to Seal Document Opposition to Motion to Exclude Testimony of Dr. David Stewart, 260 MOTION for leave to Seal Document Opposition to Motion to Exclude Testimony of Dr. Laurence Baker, 261 MOTION for leave to Seal Document Opposition to Motion to Exclude Testimony of Irving S. Rappaport, 262 MOTION for leave to Seal Document Opposition to Motion to Exclude Testimony of Michael A. Einhorn - to Judge DuBose. (Text entry; no document attached.)
263
03/19/2018
MOTION for leave to Seal Document PLAINTIFF'S RESPONSE TO MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF THEODORE H. DAVIS, JR. by Computer Programs and Systems, Inc., Evident, LLC.
1
Text of Proposed Order) (Jackson, J.
1 Attachment
264
03/19/2018
MOTION for leave to Seal Document PLAINTIFF'S RESPONSE TO MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF JOHN G. PLUMPE by Computer Programs and Systems, Inc., Evident, LLC.
1
Text of Proposed Order) (Jackson, J.
1 Attachment
265
03/19/2018
MOTION for leave to Seal Document PLAINTIFF'S RESPONSE TO MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF ROBERT A. ROBICHEAUX, Ph.D. by Computer Programs and Systems, Inc., Evident, LLC.
1
Text of Proposed Order) (Jackson, J.
1 Attachment
03/19/2018
MOTIONS REFERRED: 263 MOTION for leave to Seal Document PLAINTIFF'S RESPONSE TO MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF THEODORE H. DAVIS, JR., 264 MOTION for leave to Seal Document PLAINTIFF'S RESPONSE TO MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF JOHN G. PLUMPE, 265 MOTION for leave to Seal Document PLAINTIFF'S RESPONSE TO MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF ROBERT A. ROBICHEAUX, Ph.D. - to Judge DuBose. (Text entry; no document attached.)
03/19/2018
REFERRAL OF 258 Sealed Document(s), to Judge DuBose. (Text entry; no document attached.)
270
03/19/2018
Memorandum in Opposition re Motions Referred Opposition to Plaintiffs' Motion to Bifurcate Trial filed by Evident, Inc., Wazu Holdings, Ltd.
03/20/2018
REFERRAL OF 270 Memorandum in Opposition to Judge DuBose. (Text entry; no document attached.)
03/19/2018
REFERRAL OF 258 Sealed Document(s), to Judge DuBose. (Text entry; no document attached.)
274
03/20/2018
NOTICE by Evident, Inc., Wazu Holdings, Ltd. of Corrected Filing of doc. 267 (correct document at doc. 275) Modified on 3/21/2018 (cmj). Modified on 3/21/2018
03/20/2018
REFERRAL OF 270 Memorandum in Opposition to Judge DuBose. (Text entry; no document attached.)
276
03/21/2018
NOTICE of Appearance by Jaime W. Betbeze on behalf of Computer Programs and Systems, Inc., Evident, LLC
03/21/2018
REFERRAL OF 275 Sealed Document(s), 274 Notice (Other) to Judge DuBose. (Text entry; no document attached.)
277
03/21/2018
ENDORSED ORDER re: 242, 243, 244, 245, 248, and 249 - Motions DENIED as to the motions to seal the motions to exclude, and GRANTED as to the motions to seal the attachments to the motions to exclude. Signed by Chief Judge Kristi K. DuBose on 3/21/18.
278
03/21/2018
ENDORSED ORDER GRANTING 246 motion to seal the motion to exclude and the attachments. Signed by Chief Judge Kristi K. DuBose on 3/21/18.
279
03/21/2018
Order re: responses 266, 268, 269, 271, 272, 273 - the responses are unsealed, but attachments thereto remain sealed. Signed by Chief Judge Kristi K. DuBose on 3/21/18.
280
03/22/2018
Minute Entry for proceedings held before Chief Judge Kristi K. DuBose: Final Pretrial Conference (1 hour) held on 3/22/2018. Court Reporter Melanie Wilkins.
281
03/22/2018
Order on Final Pretrial Conference. Jury Selection set for 4/3/2018 at 08:45 AM in US Courthouse, Courtroom 5A, 113 St. Joseph Street, Mobile, AL 36602 before Chief Judge Kristi K. DuBose. Jury Trial set for 4/16/2018-4/20/2018 (five (5) days). Trial shall commence daily at 08:30 AM in US Courthouse, Courtroom 5A, 113 St. Joseph Street, Mobile, AL 36602 before Chief Judge Kristi K. DuBose, and shall conclude at 5:00 PM daily. The motion to bifurcate (doc. 252) is granted in part and denied in part as set out in order. Daubert Evidentiary Hearing set for 4/2/2018 at 08:30 AM in US Courthouse, Courtroom 5A, 113 St. Joseph Street, Mobile, AL 36602 before Chief Judge Kristi K. DuBose. In the event the Court determines the hearing is no longer necessary, counsel shall be notified as soon as practicable but no later than 3/28/2018. See all other information and deadlines as set out in order. Signed by Chief Judge Kristi K. DuBose on 03/22/2018.
03/23/2018
Minute Entry for proceedings held before Magistrate Judge Katherine P. Nelson: Settlement Conference held on 3/23/2018. (Text entry; no document attached.)
03/23/2018
Minute Entry for proceedings held before Magistrate Judge Katherine P. Nelson: Settlement Conference held on 3/23/2018. (Text entry; no document attached.)
282
03/26/2018
Joint MOTION for Extension of Time TO FILE JOINT FINAL JURY CHARGES/INSTRUCTIONS, SPECIAL INTERROGATORIES, AND VERDICT FORMS by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
03/26/2018
MOTIONS REFERRED: 282 Joint MOTION for Extension of Time TO FILE JOINT FINAL JURY CHARGES/INSTRUCTIONS, SPECIAL INTERROGATORIES, AND VERDICT FORMS to Judge DuBose (Text entry; no document attached.)
283
03/26/2018
MOTION for leave to Seal Document by Computer Programs and Systems, Inc., Evident, LLC.
1
Text of Proposed Order) (Jackson, J.
1 Attachment
284
03/26/2018
MOTION for leave to Seal Document by Evident, Inc., Wazu Holdings, Ltd.
1
Text of Proposed Order
1 Attachment
292
03/27/2018
ENDORSED ORDER granting 282 Joint Motion for Extension of Time. Signed by Chief Judge Kristi K. DuBose on 3/27/18.
03/27/2018
MOTIONS REFERRED: 283 MOTION for leave to Seal Document, 284 MOTION for leave to Seal Document to Judge DuBose (Text entry; no document attached.)
293
03/28/2018
Order entered as to motions to exclude filed by Wazu Holdings, Ltd. and Evident, Inc. (Wazu) (docs. 242-244) (Davis, Robicheaux and Plumpe) and motions to exclude filed by Computer Program and Systems, Inc. and Evidence, LLC (CPSI) (docs. 245-246, 248-249) (Baker, Einhorn, Rappaport and Stewart). After a thorough review of the motions and evidence submitted in support, as well as consideration of the relevant Daubert factors, the Court concludes that further argument from counsel and testimony from the experts is not required at this time. As such, it is ORDERED that the 4/2/2018 Daubert evidentiary hearing is CANCELED. It is further ORDERED as follows: CPSI's motion to exclude Baker's testimony is DENIED. Wazu's motion to exclude Davis' testimony is DENIED in part and GRANTED in part as further set out in the order. CPSI's motion to exclude Einhorn's testimony is DENIED. Wazu's motion to exclude Plumpe's testimony is DENIED. CPSI's motion to exclude Rappaport's testimony is DENIED in part, GRANTED in part, and CARRIED TO TRIAL in part as further set out in the order. Wazu's motion to exclude the testimony of Robicheaux is GRANTED in part and DENIED in part as further set out in the order. CPSI's motion to exclude Stewart's testimony is DENIED. Signed by Chief Judge Kristi K. DuBose on 3/28/2018.
294
03/28/2018
Proposed Jury Instructions by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
295
03/28/2018
Proposed Jury Instructions by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
296
03/28/2018
PROPOSED DISPUTED VERDICT FORM Proposed Jury Verdict Form PROPOSED DISPUTED VERDICT FORM filed by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
03/29/2018
REFERRAL OF 294 Proposed Jury Instructions, 295 Proposed Jury Instructions, 296 Proposed Jury Verdict Form to Judge DuBose. (Text entry; no document attached.)
297
03/30/2018
MOTION for leave to Seal Document Response in Opposition to Computer Programs and Systems, Inc. and Evident LLC's Motions in Limine by Evident, Inc.
1
Text of Proposed Order
1 Attachment
03/30/2018
MOTIONS REFERRED: 297 MOTION for leave to Seal Document Response in Opposition to Computer Programs and Systems, Inc. and Evident LLC's Motions in Limine to Judge DuBose. (Text entry; no document attached.)
299
03/30/2018
MOTION for leave to Seal Document by Computer Programs and Systems, Inc., Evident, LLC.
1
Text of Proposed Order) (Jackson, J.
1 Attachment
300
03/30/2018
MOTION Motion of Evident, Inc. and Wazu Holdings, Ltd to Allow Substitution of Deposition Notebooks by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
04/02/2018
MOTIONS REFERRED: 300 MOTION of Evident, Inc. and Wazu Holdings, Ltd to Allow Substitution of Deposition Notebooks referred to Judge Kristi K. DuBose. (Text entry; no document attached.)
306
04/03/2018
ENDORSED ORDER granting 300 unopposed Motion to Substitute Depositions. Signed by Chief Judge Kristi K. DuBose on 4/3/18.
04/03/2018
Minute Entry for proceedings held before Chief Judge Kristi K. DuBose: Jury Selection held on 4/3/2018. Trial will begin on Monday, April 16, 2018 at 8:30 AM Court Reporter Melanie Wilkins. (Text entry; no document attached.)
04/03/2018
Minute Entry for proceedings held before Chief Judge Kristi K. DuBose: Motions Hearing held on 4/3/2018. Court Reporter Melanie Wilkins. (Text entry; no document attached.)
307
04/03/2018
ORDER granting in part and denying in part 285 Sealed Motion; granting 286 Sealed Motion; granting 287 Sealed Motion; denying 288 Sealed Motion; granting 289 Sealed Motion; denying 290 Sealed Motion as set out. Signed by Chief Judge Kristi K. DuBose on 04/03/2018.
308
04/05/2018
Exhibit List Revised by Evident, Inc., Wazu Holdings, Ltd. (Motes, T.)
04/05/2018
REFERRAL OF 308 Revised Exhibit List to Judge Kristi K. DuBose. (Text entry; no document attached.)
309
04/05/2018
Exhibit List of Defendants by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
310
04/05/2018
Exhibit List DEFENDANTS' OBJECTIONS TO PLAINTIFFS' EXHIBIT LIST by Computer Programs and Systems, Inc., Evident, LLC. (Jackson, J.)
311
04/05/2018
Exhibit List Evident's Objection to CPSI's Revised Exhibit List by Wazu Holdings, Ltd. (Motes, T.)
04/05/2018
REFERRAL OF 309 Exhibit List, 311 Objections to Exhibit List, 310 Objection to Plaintiff's Exhibit List to Judge Kristi K. DuBose. (Text entry; no document attached.)
312
04/05/2018
Objection LIMITED OBJECTION TO PRELIMINARY INSTRUCTIONS TO THE JURY. (Jackson, J.)
313
04/05/2018
Objection Objections to Preliminary Instructions to the Jury.
04/05/2018
REFERRAL OF 312 Objection, 313 Objection to Judge DuBose. (Text entry; no document attached.)
314
04/06/2018
MOTION for leave to Seal Document by Computer Programs and Systems, Inc., Evident, LLC.
1
Text of Proposed Order) (Jackson, J.
1 Attachment
04/10/2018
Minute Entry for proceedings held before Magistrate Judge Katherine P. Nelson: Telephone Conference held on 4/10/2018. (Text entry; no document attached.)
316
04/11/2018
Exhibit List UNOPPOSED DEFENDANTS' REVISED EXHIBIT LIST by Computer Programs and Systems, Inc., Evident, LLC.
1
DEFENDANTS' REVISED EXHIBIT LIST) (Jackson, J.
1 Attachment
317
04/13/2018
Supplemental Brief in Support of Motion in Limine to Exclude Testimony Releated to Evident's Canadian Trademark and Memorandum in Support Thereof by Evident, Inc.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3) Modified on 4/13/2018 (mcb
3 Attachments
04/13/2018
REFERRAL OF 317 Supplemental Brief in Support of Motion in Limine to Exclude Testimony Releated to Evident's Canadian Trademark and Memorandum in Support Thereof to Judge Kristi K. DuBose. (Text entry; no document attached.)
318
04/15/2018
MOTION to Quash SUBPOENA by Computer Programs and Systems, Inc., Evident, LLC.
1
Exhibit 1
2
Exhibit 2) (Jackson, J.
2 Attachments
04/17/2018
Minute Entry for proceedings held before Chief Judge Kristi K. DuBose: Jury Trial held on 4/17/2018. Witnesses sworn and evidence admitted. Trial to continue on 4/18/2018 at 8:30 AM Court Reporter Melanie Wilkins. (Text entry; no document attached.)
04/18/2018
Minute Entry for proceedings held before Chief Judge Kristi K. DuBose: Jury Trial held on 4/18/2018. Witnesses sworn and evidence admitted. Jury trial to continue on Thursday, 4/19/2018 at 8:30 AM Court Reporter Melanie Wilkins. (Text entry; no document attached.)
04/17/2018
Minute Entry for proceedings held before Chief Judge Kristi K. DuBose: Jury Trial held on 4/17/2018. Witnesses sworn and evidence admitted. Trial to continue on 4/18/2018 at 8:30 AM Court Reporter Melanie Wilkins. (Text entry; no document attached.)
319
04/19/2018
MOTION for Judgment as a Matter of Law at the Close of Plaintiff's Case by Computer Programs and Systems, Inc., Evident, LLC (filed in open court); referred to Judge Kristi K. DuBose
320
04/19/2018
ENDORSED ORDER denying for reason stated on the record 319 Motion for Judgment as a Matter of Law. Signed by Chief Judge Kristi K. DuBose on 4/19/2018.
04/19/2018
Minute Entry for proceedings held before Chief Judge Kristi K. DuBose: Jury Trial held on 4/19/2018. Witnesses sworn and evidence admitted. Plaintiff rest. Charge conference held. Jury trial to continue on Friday, 4/20/2018 at 8:00 AM Court Reporter Melanie Wilkins. (Text entry; no document attached.)
321
04/20/2018
MOTION for Judgment as a Matter of Law at the Close of All Evidence by Computer Programs and Systems, Inc., Evident, LLC (filed in open court).
04/23/2018
Minute Entry for proceedings held before Chief Judge Kristi K. DuBose: Court charges the jury and jury began it's deliberations. Jury returned with a verdict for defendants, CPSI and Evidence, LLC. (see verdict form). Court Reporter Melanie Wilkins. (Text entry; no document attached.)
322
04/20/2018
ENDORSED ORDER denying for reasons stated on the record 321 Motion for Judgment as a Matter of Law. Signed by Chief Judge Kristi K. DuBose on 4/20/2018.
04/20/2018
Minute Entry for proceedings held before Chief Judge Kristi K. DuBose: Jury Trial held on 4/20/2018. Charge conference continued. Witnesses sworn and evidence admitted. Defendant rest and closing argument are held. Court will reconvene on Monday, 4/23/2018 at 8:30 AM Court Reporter Melanie Wilkins. (Text entry; no document attached.)
04/23/2018
Minute Entry for proceedings held before Chief Judge Kristi K. DuBose: Court charges the jury and jury began it's deliberations. Jury returned with a verdict for defendants, CPSI and Evidence, LLC. (see verdict form). Court Reporter Melanie Wilkins. (Text entry; no document attached.)
324
04/26/2018
Order on Jury Trial held from April 16-20, 2018 and on April 23, 2018. Signed by Chief Judge Kristi K. DuBose on 04/26/2018.
1
Verdict Form) (nah
1 Attachment
325
04/26/2018
JUDGMENT entered in favor of Defendants Computer Programs and Systems, Inc. and Evident, LLC, and against Plaintiffs Wazu Holdings, Ltd. and Evident, Inc., as set out. Signed by Chief Judge Kristi K. DuBose on 04/26/2018.
327
05/04/2018
NOTICE of Counter-claimant Evident, Inc.'s Exhibits admitted at jury trial held on 4/16/2018 to 4/23/2018 (see doc. 326)
1
Evident Inc. Exhibits (see exhibit list)) SEE RED FILE FOLDER (mcb
1 Attachment
328
05/04/2018
NOTICE of Counter Defendant's CPSI Exhibits admitted at jury trial held on 4/16/2018 to 4/23/2018 (see doc. 326)
1
CPSI Exhibits 1, 2, 7, 8, 17, 24, 25, 26, 27, 31, 32, 33, 37, 38
2
CPSI Exhibits 51, 53, 54, 59, 60, 61, 62, 63, 105, 127, 150, 153, 158, 159, 160, 161, 163, 166, 168, 185, 186, 204, 205, 209, 225, 244
3
CPSI Exhibit 328
4
CPSI Exhibits 332, 349, 363, 367, 378, 404, 417, 418, 424, 444
5
CPSI Exhibit 447
6
CPSI Exhibits 475, 500, 576, 602, 604, 607, 613, 617, 619, 620, 622, 624) SEE RED FILE FOLDER (mcb
6 Attachments
329
05/10/2018
BILL OF COSTS by Evident, LLC, Computer Programs and Systems, Inc.
1
Itemization/Receipts) (Jackson, J.
1 Attachment
330
05/24/2018
Objection to Bill of Costs and Brief in Support filed by Evident, Inc., Wazu Holdings, Ltd.
05/24/2018
REFERRAL OF 330 Objection to Bill of Costs and Brief in Support to Judge DuBose. (Text entry; no document attached.)
331
05/31/2018
RESPONSE to 330 Objection TO BILL OF COSTS AND BRIEF IN SUPPORT filed by Computer Programs and Systems, Inc., Evident, LLC.
05/31/2018
REFERRAL OF 331 Response to Judge DuBose. (Text entry; no document attached.)
05/31/2018
Document Referred (Text entry; no document attached.)
332
09/24/2018
-ENTERED IN ERROR (SEE DOC. 333)- Costs Taxed in amount of $ 64,173.94 against Evident, Inc., Wazu Holdings, Ltd(See Civil L.R. 54) (mcb) Modified on 9/24/2018
333
09/24/2018
AMENDED Costs Taxed in amount of $ $447.00 against Evident, Inc. and Wazu Holdings, Ltd. (See Civil L.R. 54). (Costs taxed at doc. 332 was inadvertently entered by the Clerk).
334
09/26/2018
Unopposed MOTION for Extension of Time for Parties to File Motions to Review Clerk's Taxation of Costs by Computer Programs and Systems, Inc., Evident, LLC.
09/26/2018
MOTIONS REFERRED: 334 Unopposed MOTION for Extension of Time for Parties to File Motions to Review Clerk's Taxation of Costs to Judge DuBose (Text entry; no document attached.)
09/27/2018
Order on Motion for Extension of Time (Text entry; no document attached.)
335
09/27/2018
ENDORSED ORDER granting 334 Unopposed Motion for Extension of Time until October 31, 2018. Signed by Chief Judge Kristi K. DuBose on 9/27/18.
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