Subject: [NEXTEL-1] Motorola Added To The Verizon v. Nextel Espionage Case.....Motorola Requests Time extension To Answer-up

From: [email-masked]
Date: Wed, 24 Sep 2003 09:06:04 -0400

Motorola Added To The Verizon v. Nextel .......Espionage Case.....Motorola
Requests Time extension To Answer-up

==========================================================================================

Docket as of September 22, 2003 7:09 pm               Page 1

Proceedings include all events.
1:03cv839 Cellco Partnership v. Nextel Communication                     JURY
PROTO
JURY   PROTO
U.S. District Court
Eastern District of Virginia (Alexandria)

CIVIL DOCKET FOR CASE #: 03-CV-839

Cellco Partnership v. Nextel Communication                  Filed: 06/27/03
Assigned to: Judge Claude M. Hilton          Jury demand: Both
Demand: $0,000                               Nature of Suit:  890
Lead Docket: None                            Jurisdiction: Federal Question
Dkt# in other court: None

Cause: 18:1030 Computer Fraud and Abuse Act

CELLCO PARTNERSHIP                Charles Bennett Molster, III
dba                               [COR LD NTC]
Verizon Wireless                  Winston & Strawn LLP
plaintiff                    1400 L St NW
Suite 800
Washington, DC 20005-3502
(202) 371-5700

John Christopher Rozendaal
(202) 326-7985
[COR LD NTC]
Kellogg Huber Hansen Todd &
Evans PLLC
1615 M St NW
Suite 400
Washington, DC 20036-3209
(202) 326-7900

v.

NEXTEL COMMUNICATIONS, INC., a    Dane Hal Butswinkas
Delaware Corporation              [COR LD NTC]
defendant                    Williams & Connolly LLP
725 12th St NW
Washington, DC 20005
(202) 434-5000

========================

NEXTEL COMMUNICATIONS, INC.       Dane Hal Butswinkas
third-party plaintiff        [COR LD NTC]
Williams & Connolly LLP
725 12th St NW
Washington, DC 20005

Docket as of September 22, 2003 7:09 pm               Page 2

Proceedings include all events.
1:03cv839 Cellco Partnership v. Nextel Communication                     JURY
PROTO
(202) 434-5000

v.

MOTOROLA, INC.                    Steven K. Davidson
third-party defendant        (202) 429-8077
[COR LD NTC]
Steptoe & Johnson
1330 Connecticut Ave NW
7th Fl
Washington, DC 20036-1795
(202) 429-3000

Docket as of September 22, 2003 7:09 pm               Page 3

Proceedings include all events.
1:03cv839 Cellco Partnership v. Nextel Communication                     JURY
PROTO
6/27/03  1       COMPLAINT   Filing Fee $ 150.00 Receipt # 100 164645; jury
demand (kjon)

6/27/03  --      SUMMONS(ES) (orig & 1) issued & given to atty for service
by SPS for Nextel Communication (kjon)

6/27/03  --      Jury Trial Flag (kjon)

6/27/03  2       Financial Interest Disclosure Statement (Local Rule 7.1) by
Cellco Partnership (kjon)

6/27/03  3       MOTION by Cellco Partnership for expedited discovery tog.
w/notice of hearing for 7/3/03 @ 10:00 am (clar)
[Entry date 06/30/03]

6/27/03  4       MEMORANDUM of points and authorities by Cellco Partnership
in support of [3-1] motion by Cellco Partnership for
expedited discovery (clar) [Entry date 06/30/03]

6/27/03  --      Motion hearing [3-1] motion by Cellco Partnership for
expedited discovery set at 10:00 7/3/03   before Judge
Unassigned (clar) [Entry date 06/30/03]

7/3/03   --      Minute entry: Mag. Judge Jones. Rpt. Wilson. Appearance of
counsel. Matter came on for pltf's motion for expedited
discovery- matter callin in chambers, and granted as t what
was said on record. No order to be entered. (dana)
[Entry date 07/07/03]

7/7/03   5       NOTICE of Attorney Appearance for Nextel Communication  by
Dane Hal Butswinkas (lkin) [Entry date 07/08/03]

7/9/03   6       TRANSCRIPT  for dates of 7/3/03 (TRJ) - filed (lkin)
[Entry date 07/10/03]

7/11/03  7       MOTION by Cellco Partnership for entry of Protective
Order tog. w/Notice for 7/18/03 @ 10:00 am (clar)
[Entry date 07/14/03]

7/11/03  8       MEMORANDUM of points and authorities by Cellco Partnership
in support of [7-1] motion by Cellco Partnership for entry
of Protective Order (clar) [Entry date 07/14/03]

7/11/03  --      Motion hearing [7-1] motion by Cellco Partnership for entry
of Protective Order set at 10:00 7/18/03   before Judge
Unassigned (clar) [Entry date 07/14/03]

7/17/03  9       MOTION by Nextel Communication to Dismiss plaintiff's
complaint (lkin) [Entry date 07/18/03]
[Edit date 07/21/03]

7/17/03  10      MEMORANDUM of Law by Nextel Communication in support of
[9-1] motion by Nextel Communication to Dismiss plaintiff's
complaint (Large Pleading) (lkin) [Entry date 07/18/03]

Docket as of September 22, 2003 7:09 pm               Page 4

Proceedings include all events.
1:03cv839 Cellco Partnership v. Nextel Communication                     JURY
PROTO
[Edit date 07/19/03]

7/17/03  11      NOTICE of Hearing: Motion Hearing Deadline  set for 10:00
8/8/03 for [9-1] motion by Nextel Communication to Dismiss
plaintiff's complaint (lkin) [Entry date 07/18/03]
[Edit date 07/19/03]

7/18/03  --      Minute entry: Judge Sewell (FTR) Reporter: Rudiger & Green.
Appearances of Counsel. Atty Forkner granted admission pro
hac vice. Matter came on for Pltf's Motion for Entry of
Protective Order. Matter argued and granted. Order to
follow. (ctat)

7/18/03  12      ORDER,  for David Alan Forkner to appear pro hac vice
Filing Fee Paid $ 50.00 Receipt # 165154  ( signed by
Magistrate Judge Welton C. Sewell )  Copies Mailed: yes
[EOD Date: 7/18/03] (ctat)

7/21/03  13      ORDER that the [7-1] motion by Cellco Partnership for entry
of Protective Order is GRANTED, and the stipulated
protective order will be signed this date. (See order for
details) ( signed by Magistrate Judge Welton C. Sewell )
Copies Mailed: yes   [EOD Date: 7/22/03] (lkin)
[Entry date 07/22/03]

7/21/03  14      Stipulated Order,  for Protective Order re: the handling
and labeling of confidential materials ( signed by
Magistrate Judge Welton C. Sewell ) Copies Mailed: yes Date:
7/22/03] (lkin) [Entry date 07/22/03]
[Edit date 07/23/03]

7/21/03  --      **Set Protective Order Flag. (lkin) [Entry date 07/22/03]

7/22/03  15      TRANSCRIPT  for dates of 7/18/03 (WCS) - filed (lkin)
[Entry date 07/23/03]

7/22/03  16      ORDER,  for David Alan Forkner to appear pro hac vice
Filing Fee Paid $ 50.00 Receipt # 100165154  ( signed by
Judge Claude M. Hilton )  Copies Mailed: yes   [EOD Date:
7/23/03] (lkin) [Entry date 07/23/03]

7/25/03  17      MOTION by Nextel Communication for Protective Order to
prevent vexatious litigation (jcup) [Entry date 07/28/03]

7/25/03  18      MEMORANDUM of Law by Nextel Communication in support of
[17-1] motion by Nextel Communication for Protective Order
to prevent vexatious litigation (jcup) [Entry date 07/28/03]

7/25/03  19      NOTICE of Hearing: Motion Hearing Deadline  before Judge
Unassigned  set for 10:00 8/1/03 for [17-1] motion by
Nextel Communication for Protective Order to prevent
vexatious litigation (jcup) [Entry date 07/28/03]

Docket as of September 22, 2003 7:09 pm               Page 5

Proceedings include all events.
1:03cv839 Cellco Partnership v. Nextel Communication                     JURY
PROTO
7/25/03  20      MOTION by Cellco Partnership for Expedited discovery
together with a notice for 8.1.03 10:00 a.m. (jcup)
[Entry date 07/28/03]

7/25/03  --      Motion hearing for Cellco Partnership [20-1] motion by
Cellco Partnership for Expedited discovery set for 10:00
8/1/03 before Judge Unassigned (jcup) [Entry date 07/28/03]

7/25/03  21      MEMORANDUM of Points and Authorities by Cellco Partnership
in support of [20-1] motion by Cellco Partnership for
Expedited discovery together with a notice for 8.1.03 10:00
a.m. (jcup) [Entry date 07/28/03]

7/28/03  22      Corrected MEMORANDUM of Points and Authorities by Cellco
Partnership in support of [20-1] motion by Cellco
Partnership for Expedited discovery together with a notice
for 8.1.03 10:00 a.m. (jcup) [Entry date 07/29/03]

7/28/03  23      MEMORANDUM by Cellco Partnership  in opposition to [9-1]
motion by Nextel Communication to Dismiss plaintiff's
complaint (edoo) [Entry date 07/29/03]

7/29/03  24      RESPONSE by Nextel Communication  in opposition to [20-1]
motion by Cellco Partnership for Expedited discovery (clar)
[Entry date 07/30/03]

7/29/03  25      ORDER,  for Ronald Yale Rothstein to appear pro hac vice
Filing Fee Paid $ 50.00 Receipt # 100165339  ( signed by
Judge Claude M. Hilton )  Copies Mailed: yes   [EOD Date:
7/30/03] (lkin) [Entry date 07/30/03]

7/29/03  26      ORDER,  for Kimball Richard Anderson to appear pro hac
vice  Filing Fee Paid $ 50.00 Receipt # 100165338  (
signed by Judge Claude M. Hilton )  Copies Mailed: yes
[EOD Date: 7/30/03] (lkin) [Entry date 07/30/03]

7/29/03  27      ORDER,  for Anne Whitford Stukes to appear pro hac vice
Filing Fee Paid $ 50.00 Receipt # 100165337  ( signed by
Judge Claude M. Hilton )  Copies Mailed: yes   [EOD Date:
7/30/03] (lkin) [Entry date 07/30/03]

7/31/03  28      RESPONSE by Cellco Partnership  in opposition to [17-1]
motion by Nextel Communication for Protective Order to
prevent vexatious litigation (clar)

7/31/03  29      REPLY MEMORANDUM in support by Nextel Communication  of
[9-1] motion by Nextel Communication to Dismiss plaintiff's
complaint (clar) [Entry date 08/01/03]

8/1/03   --      Minute entry: Mag. Judge Jones. FTR. Rpt. Casamo,
Appearance of counsel. Matter called, argued and deft's
motion for protective order and to expedite discovery-
granted. Order to be entered (dana)

Docket as of September 22, 2003 7:09 pm               Page 6

Proceedings include all events.
1:03cv839 Cellco Partnership v. Nextel Communication                     JURY
PROTO
8/1/03   30      ORDERED, for reasons stated from the bench, granting [20-1]
motion by Cellco Partnership for Expedited discovery
together with a notice for 8.1.03 10:00 a.m., granting
[17-1] motion by Nextel Communication for Protective Order
to prevent vexatious litigation  ( signed by Magistrate
Judge Thomas R. Jones Jr. )  Copies Mailed: y   [EOD Date:
8/1/03] (dana)

8/4/03   31      MOTION by Cellco Partnership to Compel discovery tog.
w/notice for 8/8/03 @ 10:00 am (clar) [Entry date 08/05/03]
[Edit date 08/05/03]

8/4/03   32      MEMORANDUM of points and authorities by Cellco Partnership
in support of [31-1] motion by Cellco Partnership to Compel
discovery (clar) [Entry date 08/05/03]

8/4/03   --      Motion hearing [31-1] motion by Cellco Partnership to
Compel discovery set at 10:00 8/8/03   before Magistrate
Judge Thomas R. Jones Jr. (clar) [Entry date 08/05/03]

8/4/03   33      ORDER,  for David Stephen Blatt to appear pro hac vice
Filing Fee Paid $ 50.00 Receipt # 100165465  ( signed by
Judge Claude M. Hilton )  Copies Mailed: yes   [EOD Date:
8/5/03] (lkin) [Entry date 08/05/03]

8/4/03   34      OBJECTIONS by defendant Nextel Communication to Pltf Cellco
Partnership's Second Set of Interrogatories (stas)
[Entry date 08/06/03]

8/4/03   35      OBJECTIONS by defendant Nextel Communication to Pltf Cellco
Partnership's Second Request for the Production of
Documents and Things (stas) [Entry date 08/06/03]

8/6/03   36      RESPONSE by Nextel Communication in opposition to [31-1]
motion by Cellco Partnership to Compel discovery (LARGE
PLEADING) (stas) [Entry date 08/07/03]

8/8/03   --      Per CMH chambers motions set for 8/8/03 on papers (clar)

8/8/03   --      Minute entry: Mag. Judge Jones. Rpt. Rudiger and Green.
Appearance of counsel. FTR. Matter called, argued and
pltf's motion to compel- granted. Order to be entered. (dana)

8/8/03   37      ORDERED, for reasons stated from the bench, granting [31-1]
motion by Cellco Partnership to Compel discovery, the
annexed letter to counsel is incorporated herein by
reference, and commericially sensitive information shall be
treated in a way similar to the prcedure outlined in the
court's letter to counsel. ( signed by Magistrate Judge
Thomas R. Jones Jr. )  Copies Mailed: y   [EOD Date:
8/8/03] (dana)

Docket as of September 22, 2003 7:09 pm               Page 7

Proceedings include all events.
1:03cv839 Cellco Partnership v. Nextel Communication                     JURY
PROTO
8/8/03   38      ORDER that [9-1] motion by Nextel Communication to Dismiss
plaintiff's complaint is DENIED. (See Order for Details)
(signed by Judge Claude M. Hilton) Copies Mailed: yes
[EOD Date: 8/8/03] (stas)

8/11/03  39      TRANSCRIPT for dates of August 8, 2003 (TRJ) - filed (stas)

8/15/03  40      MOTION by Cellco Partnership to Compel defts to provede
full and complete answers and to produce documents tog.
w/Notice for 8/22/03 @ 10:00 am (clar) [Entry date 08/18/03]
[Edit date 08/18/03]

8/15/03  41      MEMORANDUM of points and authorities by Cellco Partnership
in support of [40-1] motion by Cellco Partnership to Compel
defts to provede full and complete answers and to produce
documents (clar) [Entry date 08/18/03]

8/15/03  --      Motion hearing [40-1] motion by Cellco Partnership to
Compel defts to provede full and complete answers and to
produce documents set at 10:00 8/22/03   before Judge
Unassigned (clar) [Entry date 08/18/03]

8/15/03  42      ORDER setting Initial Pretrial Conference for 10:50 9/10/03
Discovery Deadline for 12/12/03 Final Pretrial Conference
for 10:00 12/18/03  (see order for details) ( signed by
Judge Claude M. Hilton )  Copies Mailed: yes (stas)
[Entry date 08/18/03]

8/18/03  43      MOTION by Nextel Communication to Compel discovery tog.
w/Notice of hearing for 8/22/03  (atty to re-ntc) (clar)
[Entry date 08/19/03]

8/18/03  44      MEMORANDUM by Nextel Communication  in support of [43-1]
motion by Nextel Communication to Compel discovery (exhibit
D is filed UNDER SEAL) (clar) [Entry date 08/19/03]
[Edit date 08/19/03]

8/18/03  --      Motion hearing [43-1] motion by Nextel Communication to
Compel discovery set at 10:00 8/22/03   before Judge
Unassigned   (atty to re-ntc filed untimely) (clar)
[Entry date 08/19/03]

8/20/03  45      RESPONSE by Nextel Communication  in opposition to [40-1]
motion by Cellco Partnership to Compel defts to provede
full and complete answers and to produce documents (clar)

8/22/03  --      Deadline updated; Motion Hearing Deadline  before Judge
Unassigned  set for 10:00 8/29/03 for [40-1] motion by
Cellco Partnership to Compel defts to provede full and
complete answers and to produce documents (clar)

8/22/03  46      ANSWER to Complaint; jury demand and THIRD-PTY CMP by
Nextel Communication against Motorola, Inc. and Jury
Demands (stas)

Docket as of September 22, 2003 7:09 pm               Page 8

Proceedings include all events.
1:03cv839 Cellco Partnership v. Nextel Communication                     JURY
PROTO

8/22/03  --      Third Party SUMMONS(ES) (orig. & 1) issued and given to
atty for service by SPS as to third party deft. Motorola,
Inc. (stas)

8/22/03  47      Amended NOTICE of Hearing: Motion Hearing Deadline  before
Judge Unassigned set for 10:00 8/29/03 for [43-1] motion by
Nextel Communication to Compel discovery (jcup)
[Entry date 08/25/03]

8/25/03  48      Financial Interest Disclosure Statement (Local Rule 7.1) by
Nextel Communication (dbro) [Entry date 08/26/03]

8/25/03  49      ORDER, Granting application for Denise Taliaferro to
appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100
165811  ( signed by Judge Claude M. Hilton )  Copies
Mailed: 8/26/03   [EOD Date: 8/26/03] (karn)
[Entry date 08/26/03]

8/28/03  50      RESPONSE by Cellco Partnership  in opposition to [43-1]
motion by Nextel Communication to Compel discovery (jcup)

8/29/03  --      Minute entry: Mag. Judge Sewell. Rpt: Rudiger and Green.
FTR. Appearance of counsel. Matter called, argued, and
deft's motion to compel discovery - granted. Pltf's motion
to compel w/drawn. Order to be entered (dana)

8/29/03  51      ORDERED, that the motion of Cellco Partnership (40) was
w/drawn w/o prejudice, and for the reasons stated from the
bench, Nextel's motion to compel document responses to its
requests 1,2 and 3 is granted (43)      ( signed by
Magistrate Judge Thomas R. Jones Jr. )  Copies Mailed: y
[EOD Date: 8/29/03] (dana)

9/5/03   52      Proposed Discovery Plan by Cellco Partnership (stas)

9/5/03   53      Discovery Plan by Nextel Communication (stas)

9/9/03   54      NOTICE of Attorney Appearance for Motorola, Inc. by Steven
K. Davidson (stas)

9/10/03  --      Initial pretrial conference held; MJ O'Grady; appearances
of counsel; discovery plan: accepted-order to issue (dbro)
[Entry date 09/11/03]

Docket as of September 22, 2003 7:09 pm               Page 9

Proceedings include all events.
1:03cv839 Cellco Partnership v. Nextel Communication                     JURY
PROTO
9/10/03  56      Rule 16(B) Scheduling Order - Pursuant to the Rule 16(B)
Conference it is hereby ordered that: a) Discovery shall be
concluded by 12/12/03. b) All Rule 26(a)(1) disclosures by
Cello Partnership d/b/a Verizon Wireless and Nextel
Communications, Inc. shall be completed by 9/24/03. c) All
Rule 26(a)(1) disclosures by Motorola, Inc. shall be
completed by 9/29/03. d) Depositions are not limited to 1
days of 7 hours. e) The party with the burden of proof
shall serve its expert disclosures by 12:00 pm on 11/4/03.
Responses to expert disclosures shall be served by 12:00 pm
on 11/24/03. f) Dispositive motions shall be filed by
12/16/03. (see order for details) ( signed by Magistrate
Judge Liam O'Grady ) Mailed: Yes (kjon)
[Entry date 09/15/03]

9/15/03  55      TRANSCRIPT for dates of 8/29/03 (WCS) - filed (kjon)

9/16/03  57      Stipulated Order, that Motorola shall have an extension of
time to file its answer, motion or other response to the
third-party complaint filed against it by Nextel up to and
including 09/22/03. (See Order for Details) (signed by
Judge Claude M. Hilton) Copies Mailed: yes   [EOD Date:
9/16/03] (stas)

9/16/03  --      Deadline updated; reset Answer deadline to 9/22/03 for
Motorola, Inc. (stas)

9/17/03  58      NOTICE of Attorney Appearance for Cellco Partnership  by
John Christopher Rozendaal (kjon) [Entry date 09/22/03]

[END OF DOCKET: 1:03cv839]

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