U.S. District Court
District of New Jersey (Newark)
CIVIL DOCKET FOR CASE #: 92-CV-1667
UNIX SYSTEMS v. BERKELEY SOFTWARE, et al
Filed: 04/20/92
Assigned to: Judge Dickinson R. Debevoise
Jury demand: Defendant
Demand: $0,000
Nature of Suit: 840
Lead Docket: None
Jurisdiction: Federal Question
Dkt# in other court: None
Cause: 28:1331 Fed. Question: Trademark
DOCKET PROCEEDINGS
DATE # DOCKET ENTRY
4/20/92 1 COMPLAINT filed; FILING FEE $ 120. RECEIPT # 154413 (ab)
[Entry date 04/21/92]
4/20/92 2 AFFIDAVIT OF RICHARD HAMILTON (ab) [Entry date 04/21/92]
4/20/92 3 AFFIDAVIT OF MICHAEL J. MIRACLE (ab) [Entry date 04/21/92]
4/20/92 4 AFFIDAVIT OF FRANK L. POLITANO (ab) [Entry date 04/21/92]
4/20/92 5 TRO ORDER TO SHOW CAUSE RE: Temporary Restraints on use of
telephone numbers with the letters "UNIX", Show Cause
Hearing set for 4/22/92 ( signed by Judge Dickinson R.
Debevoise ) (ab) [Entry date 04/21/92]
[Edit date 04/22/92]
4/20/92 6 NOTICE of Allocation and Assignment filed. Magistrate G.
DONALD HANEKE (ab) [Entry date 04/21/92]
4/20/92 -- SUMMONS(ES) issued for BERKELEY SOFTWARE ( 35 Days) (Handed
to Counsel) (ab) [Entry date 04/21/92]
4/22/92 7 Minute entry: Proceedings recorded by Ct-Reporter: H.
Rappaport; Minutes of: 4.22.92; The following actions were
taken. At call for hrg re: TRO order to show cause with
temporary restraints. Court indicated consent order to be
submitted before By Judge Dickinson R. Debevoise (jd)
[Entry date 04/27/92]
4/29/92 8 STIPULATED ORDER granting TRO and preliminary injunction
etc. ( signed by Judge Dickinson R. Debevoise ) n/m (cs)
[Entry date 04/30/92]
5/26/92 9 Notice of MOTION to dismiss the second through fourth
claims of complt for failure to state a claim by dft
BERKELEY SOFTWARE, Motion hearing set for 7/20/92 on [9-1]
motion (B-S) (jd) [Entry date 05/27/92]
5/26/92 10 CERTIFICATE OF SERVICE of copies of motion, brief, etc (jd)
[Entry date 05/27/92]
7/16/92 11 ORDER, setting scheduling conference for 10/7/92 (
signed by Magistrate G. D. Haneke ) (jd)
7/20/92 12 Notice of MOTION for protective order, to compel
discovery by deft BERKELEY SOFTWARE,, Motion hearing set
for 9/14/92 on [12-1] motion, set for 9/14/92 on [12-2]
motion (B-S) (jd) [Entry date 07/24/92]
7/20/92 13 CERTIFICATE OF SERVICE of copies of motion, affidavit, etc
(jd) [Entry date 07/24/92]
7/20/92 14 AFFIDAVIT by Leslie A. Fithian in support of [12-1] motion
for protective order, [12-2] motion to compel discovery (jd)
[Entry date 07/24/92]
7/20/92 18 Minute entry: Proceedings recorded by Ct-Reporter: none;
Minutes of: 7/20/92; The following actions were taken,
adjourning motion hearing on [9-1] motion to dismiss the
second through fourth claims of complt for failure to state
a claim by BERKELEY SOFTWARE to 8/24/92 By Judge Dickinson
R. Debevoise (cs) [Entry date 07/28/92]
7/24/92 15 AMENDED COMPLAINT by pltf UNIX SYSTEMS , amending [1-1]
complaint against dfts Berkeley Software Design, Inc., PETE
WILSON, LEO T. MCCARTHY, WILLIE L. BROWN JR., BILL HONIG,
DAVID P. GARDNER, RALPH M. OCHOA, GAIL G. ANDERSON, WILLIAM
T. BAGLEY, ROY T BROPHY, CLAIR W. BURGENER, YVONNE
BRATHWAITE BURKE, GLENN CAMPBELL, FRANK W. CLARK JR., DIANA
DARNELL, TIRSO DEL JUNCO, ALICE J. GONZALES, JEREMIAH F.
HALLISEY, S. SUE JOHNSON, MEREDITH J. KHACHIGIAN, LEO S.
KOLLIGIAN, HOWARD H. LEACH, S. STEPHEN NAKASHIMA, YORI WADA,
DEAN A. WATKINS, HAROLD M. WILLIAMS, JACQUES S. YEAGER, CARL
J. STONEY JR., PAUL HALL, MARTIN A. TROW, W. ELLIOT
BROWNIEE, w/exhibits (exhibit F is under seal per Judge
Debevoise order of 7/27/92) (jd) [Entry date 07/27/92]
[Edit date 07/28/92]
7/24/92 16 AFFIRMATION of James W. Kennedy in support of pltf's motion
for an order to put exhibit F in amended complt under seal
(jd) [Entry date 07/28/92] [Edit date 07/28/92]
7/27/92 17 ORDER, granting pltf, Unix System Laboratories, Inc to
have exhibit F in the Amended complt filed under seal (
signed by Judge Dickinson R. Debevoise ) n/m (jd)
[Entry date 07/28/92]
7/28/92 -- SUMMONS on amended complaint issued for PETE WILSON, LEO T.
MCCARTHY, WILLIE L. BROWN JR., BILL HONIG, DAVID P.
GARDNER, RALPH M. OCHOA, GAIL G. ANDERSON, WILLIAM T.
BAGLEY, ROY T BROPHY, CLAIR W. BURGENER, YVONNE BRATHWAITE
BURKE, GLENN CAMPBELL, FRANK W. CLARK JR., DIANA DARNELL,
TIRSO DEL JUNCO, ALICE J. GONZALES, JEREMIAH F. HALLISEY,
S. SUENSON JOHNSON, MEREDITH J. KHACHIGIAN, LEO S.
KOLLIGIAN, HOWARD H. LEACH, YORI WADA, DEAN A. WATKINS,
HAROLD M. WILLIAMS, JACQUES S. YEAGER, CARL J. STONEY JR.,
PAUL HALL, MARTIN A. TROW, W. ELLIOT BROWNIEE, S. STEPHEN
NAKASHIMA ( 35 Days) (Mailed to Counsel) (jd)
7/28/92 -- SUMMONS on amended complaint issued for BERKELEY SOFTWARE (
10* Days) (Mailed to Counsel) (jd)
8/21/92 19 LETTER OPINION ( signed by Judge Dickinson R. Debevoise )
(jd) [Entry date 08/24/92]
8/21/92 20 ORDER denying deft Berkeley Software Design, Inc., motion
to dismiss counts 10-11 of amended complaint ( signed by
Judge Dickinson R. Debevoise ) n/m (jd)
[Entry date 08/24/92]
8/21/92 23 Notice of MOTION for sanctions, to compel discovery,,
Motion hearing set for 9/14/92 on [23-1] motion, set for
9/14/92 on [23-2] motion (B-S)*** (jd) [Entry date 08/26/92]
8/21/92 23 Notice of CROSS MOTION for protective order, Motion
hearing set for 9/14/92 on [23-1] cross motion (B-S) *** (jd)
[Entry date 08/26/92]
8/21/92 24 CERTIFICATE OF SERVICE of copies of motion, crossmotion,
affidavits, etc (jd) [Entry date 08/26/92]
8/24/92 21 Minute entry: Proceedings recorded by Ct-Reporter: H.
Rappaport; Minutes of: 8.24.92; The following actions were
taken, mooting [9-1] motion to dismiss the second through
fourth claims of complt for failure to state a claim By
Judge Dickinson R. Debevoise (jd) [Entry date 08/25/92]
8/24/92 22 Minute entry: Proceedings recorded by Ct-Reporter: H.
Rappaport; Minutes of: 08.24.92; The following actions
were taken, mooting [9-1] motion to dismiss the second
through fourth claims of complt for failure to state a
claim By Judge Dickinson R. Debevoise (cc)
[Entry date 08/26/92]
8/27/92 25 AFFIDAVIT *** (jd)
8/27/92 26 AFFIDAVIT *** (jd)
8/27/92 27 AFFIDAVIT *** (jd)
8/31/92 28 AFFIDAVIT *** (jd) [Entry date 09/01/92]
8/31/92 29 AFFIDAVIT *** (jd) [Entry date 09/01/92]
8/31/92 30 CERTIFICATE OF SERVICE of copies of affidavits, brief (jd)
[Entry date 09/01/92]
8/31/92 31 ORDER, for James W. Kennedy, Charles B. Ortner and George
L. Graff to appear pro hac vice on behalf of pltf ( signed
by Magistrate G. D. Haneke ) n/m (jd) [Entry date 09/02/92]
[Edit date 09/03/92]
9/3/92 32 ANSWER AMENDED COMPLAINT; jury demand and COUNTERCLAIM agst
pltf by BERKELEY SOFTWARE (jd) [Entry date 09/04/92]
9/3/92 33 CERTIFICATE OF SERVICE of copies of answer by deft Berkeley
Software Design, Inc. (jd) [Entry date 09/04/92]
9/11/92 34 ORDER, for Robert T. Haslam, Leslie A. Fithian and Michael
A. Bucci to appear pro hac vice on behalf of deft Berkeley
Software Design, Inc. ( signed by Magistrate G. D. Haneke )
n/m (jd) [Edit date 09/14/92]
9/14/92 35 Minute entry: Proceedings recorded by Ct-Reporter: Kathi
Trindade; Minutes of: 9.14.92; The following actions were
taken, granting [23-1] cross motion for protective order
denying [23-1] motion for sanctions and granting [23-2]
motion to compel discovery By Magistrate G. D. Haneke (jd)
[Entry date 09/15/92]
9/14/92 36 REPLY AFFIDAVIT *** (jd) [Entry date 09/15/92]
9/25/92 37 ANSWER by UNIX SYSTEMS to counterclaim of deft. Berkeley
Software Design, Inc. (nr) [Entry date 09/29/92]
10/14/92 -- Scheduling conference set for 10:00 10/23/92. (nh)
11/10/92 43 Notice of MOTION to dismiss complaint, to strike
references to the improperly named individuals or
alternatively to transfer case to the Northern District of
California by defts W. ELLIOT BROWNIEE, MARTIN A. TROW,
PAUL HALL, CARL J. STONEY JR., JACQUES S. YEAGER, HAROLD M.
WILLIAMS, DEAN A. WATKINS, YORI WADA, S. STEPHEN NAKASHIMA,
HOWARD H. LEACH, LEO S. KOLLIGIAN, MEREDITH J. KHACHIGIAN,
S. SUENSON JOHNSON, JEREMIAH F. HALLISEY, ALICE J.
GONZALES, TIRSO DEL JUNCO, DIANA DARNELL, FRANK W. CLARK
JR., GLENN CAMPBELL, YVONNE BRATHWAITE BURKE, CLAIR W.
BURGENER, ROY T BROPHY, WILLIAM T. BAGLEY, GAIL G.
ANDERSON, RALPH M. OCHOA, DAVID P. GARDNER, BILL HONIG,
WILLIE L. BROWN JR., LEO T. MCCARTHY, PETE WILSON,,,
Motion hearing set for 12/14/92 on [43-1] motion, set for
12/14/92 on [43-2] motion, set for 12/14/92 on [43-3]
motion cert of service (B-S) (jd) [Entry date 11/16/92]
11/10/92 44 DECLARATION of Mary E. MacDonald (jd) [Entry date 11/16/92]
11/12/92 38 Notice of MOTION for preliminary injunctive relief agst
dft., Berkeley Software Design or its officers, agents,
employees servants etc. by pltf., UNIX SYSTEMS, Motion
hearing set for 12/14/92 on [38-1] motion (Brief sub.) . (cs)
[Entry date 11/13/92]
11/12/92 39 AFFIDAVIT *** (cs) [Entry date 11/13/92]
11/12/92 40 AFFIDAVIT*** (cs) [Entry date 11/13/92]
11/12/92 41 AFFIDAVIT***? (cs) [Entry date 11/13/92]
11/12/92 42 AFFIDAVIT OF SERVICE of copy of notice of motion, proposed
order, affidavits and memo of law (cs) [Entry date 11/13/92]
11/30/92 45 Notice of CROSS MOTION , Motion hearing set for 12/14/92
on [45-1] cross motion *** (jd) [Entry date 12/03/92]
11/30/92 46 CERTIFICATE OF SERVICE of copy of cross-motion, affidavits,
etc (jd) [Entry date 12/03/92]
11/30/92 47 AFFIDAVIT by Edward J. Riddle (jd) [Entry date 12/03/92]
11/30/92 48 AFFIDAVIT *** (jd) [Entry date 12/03/92]
12/3/92 49 AFFIDAVIT *** (jd) [Entry date 12/04/92]
12/14/92 50 Minute entry: Proceedings recorded by Ct-Reporter: none;
Minutes of: 12.14.92; The following actions were taken,
adjourning motion hearing on [38-1] motion for preliminary
injunctive relief agst dft., Berkeley Software Design or
its officers, agents, employees servants etc. by UNIX
SYSTEMS to 1/22/93 By Judge Dickinson R. Debevoise (jd)
[Entry date 12/15/92]
12/14/92 51 Minute entry: Proceedings recorded by Ct-Reporter: none;
Minutes of: 12.14.92; The following actions were taken,
adjourning motion hearing on [43-1] motion to dismiss
complaint by defendants to 1/22/93, adjourning motion
hearing on [43-2] motion to strike references to the
improperly named individuals by defendants to 1/22/93,
adjourning motion hearing on [43-3] motion to transfer case
to the Northern District of California by defendants to
1/22/93 By Judge Dickinson R. Debevoise (jd)
[Entry date 12/15/92]
1/6/93 52 DECLARATION of Roy Towers in support of defts motion to
dismiss or to transfer venue (jd) [Entry date 01/07/93]
1/6/93 53 Second DECLARATION of Mary E. MacDonaad in support of
defts motion to dismiss, strike or transfer action (jd)
[Entry date 01/07/93]
1/6/93 54 DECLARATION of Carla J. Shapreau in support of defts motion
to dismiss or to transfer venue (jd) [Entry date 01/07/93]
1/6/93 55 DECLARATION of Marshall McKusick in support of defts motion
to dismiss or to transfer venue (jd) [Entry date 01/07/93]
1/8/93 56 DECLARATION of Roy Towers (jd)
1/8/93 57 DECLARATION of Joel Linzner (jd)
1/8/93 58 DECLARATION of Dr. Kirk McKusick (jd)
1/8/93 59 DECLARATION of Michael J. Karels (jd)
1/8/93 60 DECLARATION *** (jd)
1/8/93 61 DECLARATION *** (jd)
1/8/93 62 DECLARATION *** (jd) [Entry date 01/11/93]
1/8/93 63 AFFIDAVIT *** (jd) [Entry date 01/11/93]
1/8/93 64 AFFIDAVIT *** (jd) [Entry date 01/11/93]
1/8/93 65 AFFIDAVIT *** (jd) [Entry date 01/11/93]
1/8/93 66 CERTIFICATE OF SERVICE of brief, affidavits, etc. (jd)
[Entry date 01/11/93]
1/12/93 67 Revised CERTIFICATE OF SERVICE of copies of affidavits,
brief, etc. (jd)
1/12/93 68 SUPPLEMENTAL DECLARATION *** (jd) [Entry date 01/13/93]
1/13/93 69 CERTIFICATE OF SERVICE of supplemental declaration of James
H. Forte (jd) [Entry date 01/14/93]
1/15/93 70 CERTIFICATE OF SERVICE of pltf's repy memorandum (jd)
[Entry date 01/19/93]
1/15/93 71 Rply DECLARATION *** (jd) [Entry date 01/22/93]
1/15/93 72 Reply DECLARATION *** (jd) [Entry date 01/22/93]
1/20/93 73 Second Supplemental DECLARATION *** (jd)
[Entry date 01/22/93]
1/21/93 74 SECOND DECLARATION of Dr. Kirk McKusick in support of the
University of CA. Amicus Brief, etc (jd)
[Entry date 01/25/93] [Edit date 01/28/93]
1/21/93 75 SECOND JOINT DECLARATION *** (jd) [Entry date 01/25/93]
1/21/93 76 CERTIFICATE OF SERVICE of copies of brief, declartions, etc
(jd) [Entry date 01/25/93]
1/22/93 77 SECOND DECLARATION of Michael J. Karels in support of the
University's Amicus Brief, etc (jd) [Entry date 01/25/93]
[Edit date 01/28/93]
1/22/93 78 Minute entry: Proceedings recorded by Ct-Reporter: H.
Rappaport; Minutes of: 1.22.93; The following actions were
taken, [38-1] motion for preliminary injunctive relief agst
dft., Berkeley Software Design or its officers, agents,
employees servants etc. taken under advisement. Rule 78 By
Judge Dickinson R. Debevoise (jd) [Entry date 01/26/93]
1/22/93 79 Minute entry: Proceedings recorded by Ct-Reporter: H.
Rappaport; Minutes of: 1.22.93; The following actions were
taken, [43-1] motion to dismiss complaint taken under
advisement. Rule 78 [43-2] motion to strike references to
the improperly named individuals taken under advisement.
Rule 78 [43-3] motion to transfer case to the Northern
District of California taken under advisement. Rule 78 By
Judge Dickinson R. Debevoise (jd) [Entry date 01/26/93]
1/26/93 80 LETTER by defts attorney advising Court certain
declarations should not have been filed under seal (jd)
[Entry date 01/28/93]
1/26/93 81 DECLARATION *** (jd) [Entry date 01/28/93]
1/26/93 82 SECOND DECLARATION of Joel Linzner (jd)
[Entry date 01/28/93]
2/2/93 83 Reply AFFIDAVIT *** (jd) [Entry date 02/03/93]
2/2/93 84 Reply AFFIDAVIT *** (jd) [Entry date 02/03/93]
[Edit date 02/14/94]
2/2/93 85 Reply AFFIDAVIT *** (jd) [Entry date 02/03/93]
2/2/93 86 Reply AFFIDAVIT *** (jd) [Entry date 02/03/93]
[Edit date 02/03/93]
2/2/93 87 AFFIDAVIT *** (jd) [Entry date 02/03/93]
2/2/93 88 Second Reply DECLARATION *** (jd) [Entry date 02/03/93]
2/2/93 89 CERTIFICATE OF SERVICE of copy of Second Reply Declaration
of James W. Kennedy (jd) [Entry date 02/03/93]
2/16/93 -- Status conference set for 2:00 3/1/93. (nh)
3/3/93 90 ORDER, for protective order ( signed by Magistrate G. D.
Haneke ) n/m (jd) [Entry date 03/04/93]
3/3/93 91 ORDER granting [12-2] motion to compel discovery; pltf USL
to provide full & complete answers to deft's First Set of
Interrogatories No. 1,6,7,8 w/in 10 days of date of this
Order, etc ( signed by Magistrate G. D. Haneke ) n/m (jd)
[Entry date 03/05/93]
3/4/93 92 OPINION ( signed by Judge Dickinson R. Debevoise ) (copy
to NJLJ) (jd) [Entry date 03/08/93]
3/4/93 93 ORDER denying [38-1] motion for preliminary injunctive
relief agst dft., Berkeley Software Design or its officers,
agents, employees servants etc. denying [43-1] motion to
dismiss complaint denying [43-2] motion to strike
references to the improperly named individuals denying
[43-3] motion to transfer case to the Northern District of
California; granting pltf's motion to amend complt; plyf to
serve its amended complt w/in 10 days of filing of this
order, etc. ( signed by Judge Dickinson R. Debevoise ) n/m
(jd) [Entry date 03/08/93]
3/10/93 94 ORDER, amending opinion of 3/3/93 to correct clerical
mistakes, etc ( signed by Judge Dickinson R. Debevoise )
n/m (jd) [Entry date 03/11/93]
3/11/93 95 NOTICE OF APPEAL filed at 3:00 p.m. by UNIX SYSTEMS Re:
[93-1] order Fee pd. Copies of notice of appeal sent to
Clerk, USCA and Attorney(s): Gary F. Werner, James H. Forte
and Frederick B. Polak (jd) [Edit date 03/11/93]
3/15/93 96 Notice of MOTION to withdraw [95-1] appeal by pltf UNIX
SYSTEMS, Motion hearing [96-1] motion w/supporting
affidavit attached, cert of service (jd)
[Entry date 03/17/93]
3/15/93 98 AFFIDAVIT of JAMES W. KENNEDY with attached declarations of
Steven V. Earhart, & Chuck R. Greene, (nr)
[Entry date 03/17/93]
3/16/93 97 ORDER granting [96-1] motion to withdraw [95-1] appeal (
signed by Judge Dickinson R. Debevoise ) n/m (jd)
[Entry date 03/17/93]
3/18/93 99 Notice of MOTION/Motion for reconsideration of [93-1]
order, for opportunity for fuller briefing on the
question of limited publication , opportunity to
introduce evidence re distribution of its UNIX/32V software
w/out copyright notices by pltf UNIX SYSTEMS,,, Motion
hearing set for 4/12/93 on [99-1] motion, set for 4/12/93
on [99-2] motion, set for 4/12/93 on [99-3] motion cert of
service (B-S) (jd)
3/18/93 100 AFFIDAVIT of James W. Kennedy in support of [99-1] motion
for reconsideration of [93-1] order (jd)
3/18/93 101 DECLARATION of Chuck R. Greene (jd) [Entry date 03/19/93]
3/18/93 102 DECLARATION of Steven V. Earhart (jd) [Entry date 03/19/93]
3/18/93 103 Second AMENDED COMPLAINT , amending [15-1] amended
complaint *** (jd) [Entry date 03/22/93]
3/23/93 104 DECLARATION of Carla J. Shapreau (jd)
3/23/93 105 DECLARATION of Pam True (jd)
3/23/93 106 DECLARATION of Elan Amir (jd)
3/23/93 107 DECLARATION of Kirk McKusick (jd)
3/23/93 108 AFFIDAVIT *** (jd) [Entry date 03/24/93]
3/23/93 109 AFFIDAVIT *** (jd) [Entry date 03/24/93]
3/25/93 110 DECLARATION of Michael J. Karels. (jd) [Entry date 03/26/93]
3/29/93 111 ANSWER by BERKELEY SOFTWARE to second amended complaint;
jury demand (sr) [Entry date 03/30/93]
3/30/93 112 OPINION ( signed by Judge Dickinson R. Debevoise ) (mn)
[Entry date 04/01/93] [Edit date 04/26/93]
3/30/93 113 ORDER denying [99-1] motion for reconsideration of [93-1]
order [99-2] ;granting pltf's mot. amendment pur. to rule
52(b); [99-3] & amending opinion of 3/3/93.***(sealed) (
signed by Judge Dickinson R. Debevoise ) (mn)
[Entry date 04/01/93]
3/31/93 114 LETTER ORDER re disclosing 3/30 Opinion to the public etc.
signed by Judge Dickinson R. Debevoise ) (ar)
[Entry date 04/01/93]
4/2/93 115 Notice of MOTION/Motion to dismiss complaint by defts W.
ELLIOT BROWNIEE, MARTIN A. TROW, PAUL HALL, CARL J. STONEY
JR., JACQUES S. YEAGER, HAROLD M. WILLIAMS, DEAN A.
WATKINS, YORI WADA, S. STEPHEN NAKASHIMA, HOWARD H. LEACH,
LEO S. KOLLIGIAN, MEREDITH J. KHACHIGIAN, S. SUENSON
JOHNSON, JEREMIAH F. HALLISEY, ALICE J. GONZALES, TIRSO DEL
JUNCO, DIANA DARNELL, FRANK W. CLARK JR., GLENN CAMPBELL,
YVONNE BRATHWAITE BURKE, CLAIR W. BURGENER, ROY T BROPHY,
WILLIAM T. BAGLEY, GAIL G. ANDERSON, RALPH M. OCHOA, DAVID
P. GARDNER, BILL HONIG, WILLIE L. BROWN JR., LEO T.
MCCARTHY, PETE WILSON, BERKELEY SOFTWARE, Motion hearing
set for 5/10/93 on [115-1] motion cert of service (B-S) (jd)
[Entry date 04/05/93]
4/6/93 116 NOTICE OF APPEAL filed at 4:00 p.m. by UNIX SYSTEMS Re:
[113-1] order, [93-1] order . Fee Status: pd. Copies of
notice of appeal sent to Clerk, USCA and Attorney(s): Gary
S. Werner, Frederick B. Polak and James H. Forte (jd)
[Entry date 04/07/93]
4/7/93 120 LETTER by Attorney Paul, Hastings, Janofsky & Walker, Esqs.
filing letter submissions filed by the parties directly
w/Judge Debevoise etc. (cs) [Entry date 04/16/93]
4/12/93 117 Minute entry: Proceedings recorded by Ct-Reporter: H.
Rappaport; Minutes of: 4/12/93; The following actions were
taken, [99-1] motion for reconsideration of [93-1] order
taken under advisement. Rule 78 [99-2] motion for
opportunity for fuller briefing on the question of limited
publication taken under advisement. Rule 78 [99-3] motion
opportunity to introduce evidence re distribution of its
UNIX/32V software w/out copyright notices taken under
advisement. Rule 78 By Judge Dickinson R. Debevoise (jd)
4/12/93 118 ORDER, amending [113-1] order ( signed by Judge Dickinson
R. Debevoise ) n/m (jd) [Entry date 04/13/93]
4/13/93 119 ORDER denying pltf's application to compel production of
documents, ect. ( signed by Magistrate G. D. Haneke ) n/m
(jd) [Entry date 04/14/93]
4/20/93 123 LETTER from Atty. Crosby, Heafey, Roach & May requesting
the Court to accept for filing letters previously made to
the attention of Judge Debevoise (cs) [Entry date 04/26/93]
4/22/93 121 ORDER unsealing the opinion of 3/30/93, etc ( signed by
Judge Dickinson R. Debevoise ) (jd) [Entry date 04/26/93]
4/22/93 124 NOTICE of Docketing ROA from USCA Re: USCA NUMBER:
93-5202 (dr) [Entry date 05/04/93]
4/26/93 122 NOTICE OF APPEAL filed at 8:30 by defts W. ELLIOT BROWNIEE,
MARTIN A. TROW, PAUL HALL, CARL J. STONEY JR., JACQUES S.
YEAGER, HAROLD M. WILLIAMS, DEAN A. WATKINS, YORI WADA, S.
STEPHEN NAKASHIMA, HOWARD H. LEACH, LEO S. KOLLIGIAN,
MEREDITH J. KHACHIGIAN, S. SUENSON JOHNSON, JEREMIAH F.
HALLISEY, ALICE J. GONZALES, TIRSO DEL JUNCO, DIANA
DARNELL, FRANK W. CLARK JR., GLENN CAMPBELL, YVONNE
BRATHWAITE BURKE, CLAIR W. BURGENER, ROY T BROPHY, WILLIAM
T. BAGLEY, GAIL G. ANDERSON, RALPH M. OCHOA, DAVID P.
GARDNER, BILL HONIG, WILLIE L. BROWN JR., LEO T. MCCARTHY,
PETE WILSON, BERKELEY SOFTWARE Re: [93-1] order . Fee
Status: pd.. Copies of notice of appeal sent to Clerk, USCA
and Attorney(s): James H. Forte, Michael D. Loprete and
Frederick B. Polak (jd)
5/3/93 125 NOTICE of Docketing ROA from USCA Re: USCA NUMBER:
93-5235 (dr) [Entry date 05/04/93]
5/3/93 -- NOTICE of Docketing ROA from USCA Re: [122-1] appeal USCA
NUMBER: 93-5235 (mgr2) [Entry date 05/13/93]
5/4/93 126 Certified Copy Of Order from the USCA dismissing the appeal
for failure to order a transcript of proceedings (jd)
[Entry date 05/05/93]
5/5/93 127 Copy of Transcript Purchase Order by George Graff counsel
for pltf, of proceedings (jd) [Entry date 05/06/93]
5/6/93 128 TRANSCRIPT of Proceedings taken on 1.25.93 (jd)
[Entry date 05/07/93]
5/10/93 129 Minute entry: Proceedings recorded by Ct-Reporter: none;
Minutes of: 5.10.93; The following actions were taken,
adjourning motion hearing on [115-1] motion to dismiss
complaint by defendants to 6/14/93 By Judge Dickinson R.
Debevoise (jd)
5/11/93 130 Transcript Purchase Order RE: [122-1] appeal indicating
none (jd) [Entry date 05/12/93]
5/14/93 131 Transcript Purchase Order RE: appeal fld 4/6/93 by pltf.
Indicated already on file (jd)
6/8/93 132 Certified Copy Of Order from the USCA dismissing appeal
(USCA # 93-5235) w/consent of parties w/out costs (jd)
6/14/93 133 Minute entry: Proceedings recorded by Ct-Reporter: H.
Rappaport; Minutes of: 6.14.93; The following actions were
taken, [115-1] motion to dismiss complaint taken under
advisement. Rule 78 By Judge Dickinson R. Debevoise (jd)
6/18/93 134 Notice of MOTION to compel more specific answers to
interrogatories and for other relief by deft BERKELEY
SOFTWARE, Motion hearing set for 7/12/93 on [134-1]
motion cert of service (B-S) (jd) [Entry date 06/21/93]
6/18/93 135 AFFIDAVIT *** (jd) [Entry date 06/21/93]
[Edit date 06/22/93]
6/29/93 136 Certified Copy Of Order from the USCA granting pltf's
motion to reinstate appeal (USCA # 93-5202) (jd)
[Entry date 07/06/93]
7/6/93 137 OPINION ( signed by Judge Dickinson R. Debevoise ) (copy
to NJLJ) (jd)
7/6/93 138 ORDER granting in part, denying in part [115-1] motion to
dismiss complaint ( signed by Judge Dickinson R. Debevoise
) n/m (jd)
7/6/93 139 AFFIDAVIT *** (jd) [Entry date 07/07/93]
7/6/93 140 CERTIFICATE OF SERVICE of copies of affidavit, brief (jd)
[Entry date 07/07/93]
7/16/93 141 Notice of MOTION for reargument of Order & Opinion of
7/6/93 by pltf UNIX SYSTEMS, Motion hearing set for
8/25/93 on [141-1] motion cert of service (B-S) (jd)
[Entry date 07/20/93]
7/20/93 142 Supplemental AFFIDAVIT *** (jd) [Entry date 07/21/93]
7/20/93 143 CERTIFICATE OF SERVICE of copies of reply brief and
supplemental affidavit (jd) [Entry date 07/21/93]
7/26/93 144 Minute entry: Proceedings recorded by Ct-Reporter: Tape
1-1505; Minutes of: 7.26.93; The following actions were
taken, denying [134-1] motion to compel more specific
answers to interrogatories and for other relief By
Magistrate G. D. Haneke (jd) [Entry date 07/27/93]
8/25/93 145 ORDER denying [134-1] motion to compel more specific
answers to interrogatories and for other relief ( signed by
Magistrate G. D. Haneke ) n/m (jd)
8/25/93 146 Minute entry: Proceedings recorded by Ct-Reporter: H.
Rappaport; Minutes of: 8.25.93; The following actions were
taken, [141-1] motion for reargument of Order & Opinion of
7/6/93 taken under advisement. Rule 78 By Judge Dickinson
R. Debevoise (jd)
9/1/93 147 AFFIDAVIT OF SERVICE of summons, second amended complaint,
etc upon opposing counsel Mary E. MacDonald, counsel for
the Regents of of the University of California via mail (jd)
9/7/93 148 NOTICE of APPEAL by deft BERKELEY SOFTWARE of Magistrate
decision to District Court RE: [145-1] order Hearing on
magistrate appeal set for 10/12/93 (jd)
[Entry date 09/08/93]
9/7/93 149 AFFIDAVIT *** (jd) [Entry date 09/08/93]
9/8/93 150 OPINION ( signed by Judge Dickinson R. Debevoise ) (copy
to NJLJ) (jd) [Entry date 09/09/93]
9/8/93 151 OPINION ( signed by Judge Dickinson R. Debevoise ) (copy
to NJLJ) (jd) [Entry date 09/09/93]
9/8/93 152 ORDER granting [141-1] motion for reargument of Order &
Opinion of 7/6/93, vacating [137-1] opinion, amended
opinion of even date shall be issued , amending [138-1]
order to replace numbered paragraphs 1-5, etc ( signed by
Judge Dickinson R. Debevoise ) n/m (jd)
[Entry date 09/09/93]
10/12/93 153 Minute entry: Proceedings recorded by Ct-Reporter: none;
Minutes of: 10/12/93; The following actions were taken,
adjourning motion hearing on [148-1] Magistrate appeal by
BERKELEY SOFTWARE to 11/22/93 By Judge Dickinson R.
Debevoise (jd)
11/8/93 154 Minute entry: Proceedings recorded by Ct-Reporter: none;
Minutes of: 11/8/93; The following actions were taken,
adjourning motion hearing on [148-1] Magistrate appeal by
BERKELEY SOFTWARE to 11/22/93 By Judge Dickinson R.
Debevoise (jd)
11/15/93 155 Reply AFFIDAVIT of James H. Forte in support of [148-1]
Magistrate appeal (jd) [Entry date 11/16/93]
11/22/93 156 Minute entry: Proceedings recorded by Ct-Reporter: H.
Rappaport; Minutes of: 11/22/93; The following actions
were taken, [148-1] Magistrate appeal taken under
advisement. Rule 78 By Judge Dickinson R. Debevoise (jd)
[Entry date 11/23/93]
12/2/93 157 OPINION ( signed by Judge Dickinson R. Debevoise ) (Copy
to NJLJ) (cs)
12/2/93 158 ORDER affirming [145-1] order compelling more specific
answers to interrogatories and reversing order denying
dft's motion to remove the designation "Technical
Confidential" from pltf's supplemental responses and for
dft to reveal to pltf. all changes made in the listed 135
functions after the date of receiving that list ( signed by
Judge Dickinson R. Debevoise ) n/m (cs)
2/7/94 159 Stipulation and ORDER, vacating [113-1] order, [93-1]
order, dismissing complaint and all counterclaims
asserted in this action ( signed by Judge Dickinson R.
Debevoise ) n/m (jd)
2/7/94 -- Case closed (jd)