Nebraska District Court
Judge:Joseph F Bataillon
Referred: Jacqueline M Deluca
Case #: 8:24-cv-00223
Nature of Suit820 Property Rights - Copyrights
Cause17:504 Copyright Infringement
Case Filed:Jun 14, 2024
Terminated:Dec 05, 2024
Last checked: Wednesday Dec 11, 2024 2:41 AM CST
Defendant
Kyle Dubbert
Represented By
Ellen K. Geisler
Lamson, Dugan Law Firm
contact info
Jason W. Grams
Lamson, Dugan Law Firm
contact info
Defendant
Tyler Johnson
Represented By
Ellen K. Geisler
Lamson, Dugan Law Firm
contact info
Jason W. Grams
Lamson, Dugan Law Firm
contact info
Plaintiff
Election Systems & Software, LLC
Represented By
John V. Matson
Koley, Jessen Law Firm
contact info
Kendra M. Vosler
Koley, Jessen Law Firm
contact info

GPO Sep 27 2024
PROTECTIVE ORDER - Upon consideration of the parties' joint request for entry of a Protective Order, Filing No. 16, the Court enters the following Protective Order governing the disclosure of confidential Discovery Material by a Producing Party to a Receiving Party in this Action. Ordered by Magistrate Judge Jacqueline M. DeLuca. (JES)
GPO Nov 20 2024
ORDER - IT IS ORDERED: On or before December 20, 2024, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) that will fully dispose of the case. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice. The Clerk of Court shall terminate the pretrial and trial settings, and any hearings set for this case.Ordered by Magistrate Judge Jacqueline M. DeLuca. (TCL)

Docket last updated: 3 hours ago
Thursday, December 05, 2024
26 26 oth_evt Report regarding Copyright Thu 12/05 1:03 PM
REPORT on the determination filed on 12/5/2024 of an action regarding Copyright Infringement. (Original form mailed to the Office of Register of Copyrights with a copy of order23 ). (TCL)
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25 25 1 pgs order Order on Motion to Dismiss for Failure to State a Claim Thu 12/05 11:50 AM
ORDER OF DISMISSAL - IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that this case be dismissed with prejudice, with each party to pay its own costs and attorney fees. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Wednesday, November 27, 2024
24 24 motion Dismiss Wed 11/27 9:21 AM
MOTION to Dismiss With Prejudice by Attorney John V. Matson on behalf of Plaintiff Election Systems & Software, LLC.(Matson, John)
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Wednesday, November 20, 2024
23 23 2 pgs order Order ~Util - Set/Clear Flags ~Util - Set/Reset All Deadlines ~Util - Terminate Deadlines and Hearings Wed 11/20 12:16 PM
ORDER - IT IS ORDERED: On or before December 20, 2024, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) that will fully dispose of the case. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice. The Clerk of Court shall terminate the pretrial and trial settings, and any hearings set for this case.Ordered by Magistrate Judge Jacqueline M. DeLuca. (TCL)
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Tuesday, October 15, 2024
22 22 oth_doc Brief Tue 10/15 3:41 PM
BRIEF MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 13 by Attorney Ellen K. Geisler on behalf of Defendants Kyle Dubbert, Tyler Johnson.(Geisler, Ellen)
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Monday, October 07, 2024
21 21 order Order on Motion to Extend Mon 10/07 3:08 PM
TEXT ORDER granting20 Unopposed Motion to Extend. Defendant shall file its reply brief in support of its motion to dismiss on or before October 15, 2024. Ordered by Magistrate Judge Jacqueline M. DeLuca. (TMM)
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20 20 motion Extend Mon 10/07 11:39 AM
UNOPPOSED MOTION to Extend Deadline to File Reply to Plaintiff's Brief in Opposition to Defendants' Motion to Dismiss by Attorney Jason W. Grams on behalf of Defendants Kyle Dubbert, Tyler Johnson.(Grams, Jason)
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Monday, September 30, 2024
19 19 oth_doc Index Mon 09/30 12:29 PM
INDEX in opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 13 by Attorney John V. Matson on behalf of Plaintiff Election Systems & Software, LLC.(Matson, John)
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Att: 1 Exhibit 1 - Affidavit of Tiffany Kelly,
Att: 2 Exhibit 2 - Affidavit of Brad Toland,
Att: 3 Exhibit 3 - Affidavit of Abby Quinn,
Att: 4 Exhibit 4 - Affidavit of Andy Pruitt,
Att: 5 Exhibit 5 - Affidavit of Kendra Vosler,
Att: 6 Exhibit 6 - Affidavit of Eric Anderson
18 18 oth_doc Brief Mon 09/30 12:21 PM
BRIEF in opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 13 by Attorney John V. Matson on behalf of Plaintiff Election Systems & Software, LLC.(Matson, John)
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Friday, September 27, 2024
17 17 14 pgs order Order on Motion for Protective Order Fri 09/27 4:44 PM
PROTECTIVE ORDER - Upon consideration of the parties' joint request for entry of a Protective Order, Filing No.16 , the Court enters the following Protective Order governing the disclosure of confidential Discovery Material by a Producing Party to a Receiving Party in this Action. Ordered by Magistrate Judge Jacqueline M. DeLuca. (JES)
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16 16 motion Protective Order Fri 09/27 10:00 AM
JOINT MOTION for Protective Order by Attorney John V. Matson on behalf of Plaintiff Election Systems & Software, LLC.(Matson, John)
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Att: 1 Text of Proposed Order Exhibit A
Monday, September 09, 2024
15 15 oth_doc Brief Mon 09/09 3:50 PM
BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 13 by Attorney Ellen K. Geisler on behalf of Defendants Kyle Dubbert, Tyler Johnson.(Geisler, Ellen)
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14 14 oth_doc Index Mon 09/09 3:48 PM
INDEX in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 13 by Attorney Ellen K. Geisler on behalf of Defendants Kyle Dubbert, Tyler Johnson.(Geisler, Ellen)
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Att: 1 Declaration of Tyler Johnson,
Att: 2 Declaration of Kyle Dubbert
13 13 motion Dismiss for Failure to State a Claim Mon 09/09 3:45 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Ellen K. Geisler on behalf of Defendants Kyle Dubbert, Tyler Johnson.(Geisler, Ellen)
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Tuesday, July 09, 2024
12 12 order Order on Motion for Extension of Time to File Responsive Pleading Tue 07/09 3:28 PM
TEXT ORDER granting10 Unopposed Motion for Extension of Time to File a Responsive Pleading. The deadline for both defendants to file an answer or other responsive pleading is September 9, 2024. Ordered by Magistrate Judge Jacqueline M. DeLuca. (TMM)
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11 11 service Waiver of Service Executed Tue 07/09 2:12 PM
WAIVER OF SERVICE Returned Executed upon defendant Tyler Johnson. Waiver sent on 7/9/2024. (Vosler, Kendra)
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10 10 motion Extension of Time to File Responsive Pleading Tue 07/09 1:52 PM
UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney Jason W. Grams on behalf of Defendants Kyle Dubbert, Tyler Johnson.(Grams, Jason)
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Friday, June 21, 2024
9 9 service Summons Returned Executed Fri 06/21 11:49 AM
SUMMONS Returned Executed upon Kyle Dubbert defendant Election Systems & Software, LLC on 6/20/2024. (Vosler, Kendra)
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Tuesday, June 18, 2024
8 8 oth_doc Corporate Disclosure Statement Pursuant to Fed. R. Civ. P. 7.1 Tue 06/18 2:02 PM
CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Government Systems, Software & Services, Inc., Corporate Parent MGI Holdings, Inc. for Election Systems & Software, LLC. by Attorney Kendra M. Vosler on behalf of Plaintiffs Election Systems & Software, LLC, Government Systems, Software & Services, Inc., MGI Holdings, Inc..(Vosler, Kendra)
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Monday, June 17, 2024
7 7 notice Notice Regarding Corporate Disclosure Statement Mon 06/17 10:23 AM
TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Election Systems & Software, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(LRM)
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6 6 oth_evt Report regarding Copyright Mon 06/17 10:12 AM
REPORT on the filing of an action regarding Copyright Infringement (original form mailed to the Office of Register/Commissioner with a copy of complaint1 ). (LRM)
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5 5 service Summons Issued Mon 06/17 9:40 AM
Summons Issued as to defendants Kyle Dubbert, Tyler Johnson. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LRM)
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4 4 oth_evt Assignment of Judges Mon 06/17 9:33 AM
TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Joseph F. Bataillon and Magistrate Judge Jacqueline M. DeLuca assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LRM)
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Friday, June 14, 2024
3 3 service Summons Requested Fri 06/14 3:32 PM
Summons Requested as to Tyler D. Johnson regarding Complaint,1 . (Matson, John)
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2 2 service Summons Requested Fri 06/14 3:30 PM
Summons Requested as to Kyle Dubbert regarding Complaint,1 . (Matson, John)
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1 1 13 pgs cmp Complaint Fri 06/14 3:13 PM
COMPLAINT with jury demand against Kyle Dubbert, Tyler Johnson ( Filing fee $ 405, receipt number ANEDC-5108267), by Attorney John V. Matson on behalf of Election Systems & Software, LLC(Matson, John)
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Att: 1 Exhibit A - ES&S's copyright registration