Hewlett Packard Enterprise Company v. Brian Yates

8:24-mc-00011 | California Central District Court

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Division Santa Ana (Southern Division)
Judge Judge David O. Carter
Filed May 28, 2024
Terminated June 28, 2024
Case Flags (ADSx), CLOSED, DISCOVERY, and RELATED-G
Magistrate Magistrate Judge Autumn D. Spaeth
Nature of Suit 890 Statutory Actions - Other
Cause Civil Miscellaneous Case
Jury Demand None
Last Updated: 7 months, 3 weeks ago Show Interactive Timeline
Filing Date # Docket Text
6/28/2024
  • OrderGranted
MINUTES (IN CHAMBERS) ORDER GRANTING MOTION TO ENFORCE SUBPOENA AND COMPEL TESTIMONY FROM THIRD PARTY (DKT. NOS. 1 , 11 ) by Magistrate Judge Autumn D. Spaeth: The Motion is GRANTED. The Court ORDERS Yates's deposition reopened for a second day of testimony, for the limited purpose of obtaining his testimony on the new emails, and at a time and place agreed to by the parties. The Court reminds the parties that it expects them to obey discovery orders and to cooperate and act in good faith in conducting discovery. Failure to do so may result in sanctions. **See Order for details** (kh) (Entered: 06/28/2024)
6/28/2024
  • Motion to FileGranted
ORDER GRANTING MOVANTS' APPLICATION FOR LEAVE TO FILE UNDER SEAL 21 by Magistrate Judge Autumn D. Spaeth: IT IS HEREBY ORDERED THAT the Application to file under seal is GRANTED. (kh) (Entered: 06/28/2024)
6/28/2024
  • Motion to FileGranted
ORDER GRANTING APPLICATION FOR LEAVE TO FILE UNDER SEAL by Magistrate Judge Autumn D. Spaeth: IT IS HEREBY ORDERED THAT the Application to file under seal is GRANTED. (kh) (Entered: 06/28/2024)
6/28/2024
  • Motion to FileGranted
ORDER GRANTING MOVANTS' APPLICATION FOR LEAVE TO FILE UNDER SEAL 9 by Magistrate Judge Autumn D. Spaeth: IT IS HEREBY ORDERED THAT the Application to file under seal is GRANTED. (kh) (Entered: 06/28/2024)
6/21/2024
  • Order
ORDER by Judge David O. Carter: Granting 20 Non-Resident Attorney Helena D. Kiepura APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs, designating Salil Bali as local counsel. (twdb) (Entered: 06/21/2024)
6/21/202427(IN CHAMBERS) RE ORDER REQUIRING RESPONSE by Magistrate Judge Autumn D. Spaeth: The Court hereby VACATES the Order Requiring Response 26 entered this date. Respondent filed the required documents on June 18, 2024. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY (Entered: 06/21/2024)
6/21/2024
  • Order
MINUTE ORDER (IN CHAMBERS) ORDER REQUIRING RESPONSE by Magistrate Judge Autumn D. Spaeth: Before the Court is a Motion to Enforce a Subpoena and Compel Testimony from a Third Party filed by Petitioner Hewlett Packard Enterprise Company against Respondent Brian Yates. (Dkt. No. 11 .) Respondent filed a Redacted Supplemental Brief (Dkt. No. 24 ) and Redacted Supplemental Declaration (Dkt. No. 25 ) in opposition to the Motion. Respondent, however, has not obtained approval by the Court to file these documents under seal. See C.D. Ca. R. 79-5. The Court orders Respondent to file an application to seal these documents in accordance with the Court's Local Rules by no later than June 24, 2024. (kh) (Entered: 06/21/2024)
6/19/2024DECLARATION of Sean A. O'Brien MOTION to Compel Deposition of Brian Yates 11 Supplemental Declaration of Sean A. O'Brien in Support of Respondent's Opposition to Petitioner's Motion to Compel filed by Respondent Brian Yates. (Attachments: # 1 Exhibit 22)(O'Brien, Sean) (Entered: 06/19/2024)
6/19/2024SUPPLEMENT to MOTION to Compel Deposition of Brian Yates 11 Respondent's Supplemental Brief in Opposition to Petitioner's Motion to Compel filed by Respondent Brian Yates. (O'Brien, Sean) (Entered: 06/19/2024)
6/18/2024
  • Motion to Compel Deposition
MEMORANDUM in Support of MOTION to Compel Deposition of Brian Yates 11 filed by Movant Hewlett Packard Enterprise Company. (Bali, Salil) (Entered: 06/18/2024)
6/18/2024SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Supplemental Memorandum ISO Motion to Enforce Subpoena under seal 21 filed by Movant Hewlett Packard Enterprise Company. (Attachments: # 1 Exhibit 1, # 2 Unredacted Document Supplemental Memorandum ISO Motion to Enforce Subpoena)(Bali, Salil) (Entered: 06/18/2024)
6/18/2024
  • Motion to File Document
APPLICATION to file document Supplemental Memorandum ISO Motion to Enforce Subpoena under seal filed by Movant Hewlett Packard Enterprise Company. (Attachments: # 1 Redacted Document Memorandum ISO Motion to Enforce Subpoena, # 2 Proposed Order)(Bali, Salil) (Entered: 06/18/2024)
6/18/2024
  • Motion to Appear Pro Hac Vice
APPLICATION of Non-Resident Attorney Helena D. Kiepura to Appear Pro Hac Vice on behalf of Movant Hewlett Packard Enterprise Company (Pro Hac Vice Fee - $500.00 Previously Paid on 6/17/2024, Receipt No. 37673563) filed by Plaintiff Hewlett Packard Enterprise Company. (Attachments: # 1 Declaration of H. Kiepura, # 2 Proposed Order) (Bali, Salil) (Entered: 06/18/2024)
6/18/2024
  • Response
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: APPLICATION of Non-Resident Attorney Helena D. Kiepura to Appear Pro Hac Vice on behalf of Movant Hewlett Packard Enterprise Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37673563) 15 by Judge David O. Carter. The document is stricken. Local Rule 83-2.1.3.3(b) Proposed order not attached. (twdb) (Entered: 06/18/2024)
6/18/2024SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Supplemental Brief in Opposition to Motion to Compel and Exhibit 22 to Accompanying Declaration of Sean A. O'Brien under seal 17 filed by Respondent Brian Yates. (Attachments: # 1 Unredacted Document, # 2 Unredacted Document)(O'Brien, Sean) (Entered: 06/18/2024)
6/18/2024
  • Motion to File Document
APPLICATION to file document Supplemental Brief in Opposition to Motion to Compel and Exhibit 22 to Accompanying Declaration of Sean A. O'Brien under seal filed by Respondent Brian Yates. (Attachments: # 1 Proposed Order, # 2 Redacted Document, # 3 Redacted Document)(O'Brien, Sean) (Entered: 06/18/2024)
6/18/2024NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Helena D. Kiepura to Appear Pro Hac Vice on behalf of Movant Hewlett Packard Enterprise Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37673563) 15 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. (sbou) (Entered: 06/18/2024)
6/17/2024(STRICKEN PURSUANT TO # 19 ) APPLICATION of Non-Resident Attorney Helena D. Kiepura to Appear Pro Hac Vice on behalf of Movant Hewlett Packard Enterprise Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37673563) filed by Plaintiff Hewlett Packard Enterprise Company. (Attachments: # 1 Declaration of H. Kiepura) (Bali, Salil) Modified on 6/18/2024 (twdb). (Entered: 06/17/2024)
6/14/2024Notice of Appearance or Withdrawal of Counsel: for attorney Sean A. O'Brien counsel for Respondent Brian Yates. Adding Sean A. O'Brien as counsel of record for Brian Yates for the reason indicated in the G-123 Notice. Filed by Respondent Brian Yates. (O'Brien, Sean) (Entered: 06/14/2024)
6/12/202413(IN CHAMBERS) SCHEDULING NOTICE AND ORDER by Magistrate Judge Autumn D. Spaeth: The hearing on Hewlett Packard's Motion to Enforce Subpoena 1 and Motion to Compel Deposition of Brian Yates 11 , presently set for hearing before Judge Carter on July 1, 2024, is hereby RE-SET to July 3, 2024 at 10:00 AM before Magistrate Judge Autumn D. Spaeth in Courtroom 6B of the Ronald Reagan Federal Building and U.S. Courthouse, 411 West Fourth Street, 6th Floor, Santa Ana, California 92701. The parties are required to review Judge Spaeth's procedures page, http://www.cacd.uscourts.gov/honorable-autumn-d-spaeth, for important procedures regarding motions and preparation and submission of mandatory chambers copies.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY (Entered: 06/12/2024)
6/12/2024
  • Order
ORDER RE TRANSFER PURSUANT TO Local Rule 83-1.3.1 and Pursuant to this Court's General Order in the Matter of Assignment of Cases and Duties to the Magistrate Judges. -Related Case- filed. Related Case No: 8:23-mc-00016-DOC-(ADSx). Case referred from Magistrate Judge Karen E. Scott to Magistrate Judge Autumn D. Spaeth for for Discovery. The case number will now read as follows: 8:24-mc-00011-DOC-(ADSx). Signed by Magistrate Judge Autumn D. Spaeth. (dve) (Entered: 06/12/2024)
6/10/2024
  • Motion to Compel Deposition
NOTICE OF MOTION AND MOTION to Compel Deposition of Brian Yates filed by Petitioner Hewlett Packard Enterprise Company. Motion set for hearing on 7/1/2024 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Declaration of H. Kiepura, # 2 Exhibit 1 to Kiepura, # 3 Exhibit 2 to Kiepura, # 4 Exhibit 5 to Kiepura, # 5 Exhibit 8 to Kiepura, # 6 Exhibit 9 to Kiepura, # 7 Exhibit 17 to Kiepura, # 8 Declaration of S. O'Brien, # 9 Exhibit 3 to O'Brien, # 10 Exhibit 4 to O'Brien, # 11 Exhibit 6 to O'Brien, # 12 Exhibit 8 to O'Brien, # 13 Exhibit 9 to O'Brien, # 14 Exhibit 10 to O'Brien, # 15 Exhibit 11 to O'Brien, # 16 Exhibit 12 to O'Brien, # 17 Exhibit 15 to O'Brien, # 18 Exhibit 16 to O'Brien, # 19 Exhibit 17 to O'Brien, # 20 Exhibit 18 to O'Brien, # 21 Exhibit 19 to O'Brien, # 22 Exhibit 20 to O'Brien, # 23 Exhibit 21 to O'Brien, # 24 Proposed Order to Motion to Compel)(Bali, Salil) (Entered: 06/10/2024)
6/10/2024SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Joint Stipulation re Motion to Compel and Certain Exhibits under seal 9 filed by Movant Hewlett Packard Enterprise Company. (Attachments: # 1 Unredacted Document Joint Stip re Motion to Compel, # 2 Unredacted Document Exh 1 to Kiepura, # 3 Unredacted Document Exh 3 to Kiepura, # 4 Unredacted Document Exh 4 to Kiepura, # 5 Unredacted Document Exh 6 to Kiepura, # 6 Unredacted Document Exh 7 to Kiepura, # 7 Unredacted Document Exh 10 to Kiepura, # 8 Unredacted Document Exh 11 to Kiepura, # 9 Unredacted Document Exh 12 to Kiepura, # 10 Unredacted Document Exh 13 to Kiepura, # 11 Unredacted Document Exh 14 to Kiepura, # 12 Unredacted Document Exh 15 to Kiepura, # 13 Unredacted Document Exh 16 to Kiepura, # 14 Unredacted Document Exh 18 to Kiepura, # 15 Unredacted Document Exh 19 to Kiepura, # 16 Unredacted Document Exh 20 to Kiepura, # 17 Unredacted Document Exh 21 to Kiepura, # 18 Unredacted Document Exh 22 to Kiepura, # 19 Unredacted Document Exh 2 to O'Brien, # 20 Unredacted Document Exh 5 to O'Brien, # 21 Unredacted Document Exh 7 to O'Brien, # 22 Unredacted Document Exh 13 to O'Brien, # 23 Unredacted Document Exh 14 to O'Brien)(Bali, Salil) (Entered: 06/10/2024)
6/10/2024
  • Motion to File Document
APPLICATION to file document Joint Stipulation re Motion to Compel and Certain Exhibits under seal filed by Movant Hewlett Packard Enterprise Company. (Attachments: # 1 Proposed Order, # 2 Redacted Document Joint Stip Re Motion to Compel, # 3 Redacted Document Exh. 11 to Kiepura Decl, # 4 Redacted Document Exh. 13 to Kiepura Decl)(Bali, Salil) (Entered: 06/10/2024)
5/31/20248NOTICE OF HEARING on Motion to Enforce Subpoena by Clerk of Court. Counsel is hereby notified that the MOTION to Enforce SUBPOENA SERVED IN PENDING CASE 1 is set for hearing. Motion set for hearing on 7/1/2024 at 08:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jtil) TEXT ONLY ENTRY (Entered: 05/31/2024)
5/31/2024Text Only Notice (Attorney Civil Case Opening)
5/30/2024NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kate Watson. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) (Entered: 05/30/2024)
5/30/2024NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Manish Mehta. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) (Entered: 05/30/2024)
5/30/2024NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Helena D. Kiepura. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) (Entered: 05/30/2024)
5/30/2024NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Karen E. Scott. (jtil) (Entered: 05/30/2024)
5/28/2024 CERTIFICATE of Interested Parties filed by Plaintiff HEWLETT PACKARD ENTERPRISE COMPANY, identifying Brian Yates, Hewlett Packard Enterprise Company, Aruba Networks, LLC and K. Mizra. (Bali, Salil) (Entered: 05/28/2024)
5/28/2024 CIVIL COVER SHEET filed by Movant HEWLETT PACKARD ENTERPRISE COMPANY. (Bali, Salil) (Entered: 05/28/2024)
5/28/2024
  • Motion
NOTICE OF MOTION AND MOTION to Enforce SUBPOENA SERVED IN PENDING CASE filed by Plaintiff HEWLETT PACKARD ENTERPRISE COMPANY. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Attorney Salil Bali added to party HEWLETT PACKARD ENTERPRISE COMPANY(pty:bkmov)) (Bali, Salil) (Entered: 05/28/2024)