ALI v. CARNEGIE INSTITUTION OF WASHINGTON

Complaint. Filing Fee in amount of $350 collected. Receipt No. 48930. Jury Trial Requested: Yes. Filed by Mussa Ali against Carnegie Institution of Washington (Attachments: # 1 Civil Cover Sheet). (cib) [Transferred from Oregon on 12/23/2013.] (Entered: 10/02/2012)

2012-09-28

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Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 1/28/2013. Joint Alternate Dispute Resolution Report is due by 2/25/2013. Pretrial Order is due by 2/25/2013. Ordered by Judge Michael H. Simon. (cib) [Transferred from Oregon on 12/23/2013.] (Entered: 10/02/2012)

2012-09-28

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Clerk's Notice of Mailing to Mussa Ali regarding Discovery order, 2 . (cib) [Transferred from Oregon on 12/23/2013.] (Entered: 10/02/2012)

2012-10-02

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Amended Complaint Correction of Inventorship in Patents. Filed by Mussa Ali against All Defendants. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 12/06/2012)

2012-12-06

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Proposed Summons Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 01/08/2013)

2013-01-08

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Proposed Summons Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 01/08/2013)

2013-01-08

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Summons Issued Electronically as to Carnegie Institution of Washington. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (cib) [Transferred from Oregon on 12/23/2013.] (Entered: 01/09/2013)

2013-01-09

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Proposed Summons Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 01/09/2013)

2013-01-09

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Summons Issued Electronically as to University of Massachusetts. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (cib) [Transferred from Oregon on 12/23/2013.] (Entered: 01/10/2013)

2013-01-10

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Motion for Leave to Appear Pro Hac Vice for Attorney Steven B. Kelber . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3159287. Filed by Mussa Ali. (Attachments: # 1 Attachment letter of explanation) (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 01/22/2013)

2013-01-22

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Motion for Leave to Appear Pro Hac Vice for Attorney Joseph W. Berenato, III . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3159361. Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 01/22/2013)

2013-01-22

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Order Granting Application for Special Admission Pro Hac Vice of Steven B. Kelber for Mussa Ali. Application Fee in amount of $100 collected. Receipt No. 0979-3159287 issued. Signed on 1/23/2013 by Judge Michael H. Simon. (ecp) [Transferred from Oregon on 12/23/2013.] (Entered: 01/28/2013)

2013-01-23

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Order Granting Application for Special Admission Pro Hac Vice of Joseph W. Berenato, III for Mussa Ali. Application Fee in amount of $100 collected. Receipt No. 0979-3159361 issued. Signed on 1/23/2013 by Judge Michael H. Simon. (ecp) [Transferred from Oregon on 12/23/2013.] (Entered: 01/28/2013)

2013-01-23

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Acceptance/Acknowledgement of Service on Carnegie Institution of Washington served on 1/17/2013 Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 01/24/2013)

2013-01-24

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Acceptance/Acknowledgement of Service on University of Massachusetts served on 1/17/2013 (Attachments: # 1 Attachment) Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 01/24/2013)

2013-01-24

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Unopposed Motion for Extension of Time to Answer or Otherwise Respond. Filed by University of Massachusetts. (Attachments: # 1 Attachment Memorandum) (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 02/05/2013)

2013-02-05

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ORDER - Granting Defendant University of Massachusetts' Motion for Extension of Time to Answer 16 . Answer or other responsive pleading due by 3/18/2013. Ordered by Judge Michael H. Simon. (mja) [Transferred from Oregon on 12/23/2013.] (Entered: 02/05/2013)

2013-02-05

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Motion to Dismiss or Strike Plaintiff's Amended Complaint. Oral Argument requested. Filed by All Defendants. (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 03/18/2013)

2013-03-18

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Memorandum in Support of Specially Appearing Defendants' Motion to Dismiss or Strike. Filed by All Defendants. (Related document(s): Motion to Dismiss 18 .) (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 03/18/2013)

2013-03-18

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Declaration of Cynthia Allen in Support of Specially Appearing Defendants' Motion to Dismiss or Strike. Filed by All Defendants. (Related document(s): Motion to Dismiss 18 .) (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 03/18/2013)

2013-03-18

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Declaration of Marcellette Gailliard-Gay Williams, Ph.D., in Support of Specially Appearing Defendants' Motion to Dismiss or Strike. Filed by All Defendants. (Related document(s): Motion to Dismiss 18 .) (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 03/18/2013)

2013-03-18

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Corporate Disclosure Statement of Specially Appearing Defendant. Filed by Carnegie Institution of Washington. (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 03/18/2013)

2013-03-18

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Motion for Leave to Appear Pro Hac Vice for Attorney Kurt G. Calia . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3216011. Filed by All Defendants. (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 03/18/2013)

2013-03-18

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Motion for Leave to Appear Pro Hac Vice for Attorney Alexa R. Hansen . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3216013. Filed by All Defendants. (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 03/18/2013)

2013-03-18

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Motion for Leave to Appear Pro Hac Vice for Attorney Nathan E. Shafroth . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3216014. Filed by All Defendants. (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 03/18/2013)

2013-03-18

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Order Granting Application for Special Admission Pro Hac Vice of Nathan E. Shafroth for Carnegie Institution of Washington and University of Massachusetts. Application Fee in amount of $100 collected. Receipt No. 0979-3216014 issued. Signed on 3/21/2013 by Judge Michael H. Simon. (ecp) [Transferred from Oregon on 12/23/2013.] (Entered: 03/25/2013)

2013-03-21

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Order Granting Application for Special Admission Pro Hac Vice of Kurt G. Calia for Carnegie Institution of Washington and University of Massachusetts. Application Fee in amount of $100 collected. Receipt No. 0979-3216011 issued. Signed on 3/21/2013 by Judge Michael H. Simon. (ecp) [Transferred from Oregon on 12/23/2013.] (Entered: 03/25/2013)

2013-03-21

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Order Granting Application for Special Admission Pro Hac Vice of Alexa R. Hansen for Carnegie Institution of Washington and University of Massachusetts. Application Fee in amount of $100 collected. Receipt No. 0979-3216013 issued. Signed on 3/21/2013 by Judge Michael H. Simon. (ecp) [Transferred from Oregon on 12/23/2013.] (Entered: 03/25/2013)

2013-03-21

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Order - At the Plaintiff's request, the Court is extending the deadline for filing of Plaintiff's Response to Defendant's Motion to Strike the Amended Complaint 18 up to and including 4/12/2013. Ordered by Judge Michael H. Simon. (mja) [Transferred from Oregon on 12/23/2013.] (Entered: 03/26/2013)

2013-03-26

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Motion for Discovery and/or Inspection . Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 04/01/2013)

2013-04-01

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Memorandum in Support of Motion for Jurisdictional Discovery. Filed by Mussa Ali. (Related document(s): Motion For Discovery/Inspection 30 .) (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 04/01/2013)

2013-04-01

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Declaration of Steven B. Kelber in Support of Motion for Jurisdictional Discovery. Filed by Mussa Ali. (Related document(s): Motion For Discovery/Inspection 30 .) (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 04/01/2013)

2013-04-01

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Request for Judicial Notice for Rule 16 Conference Motion For Discovery/Inspection 30 . Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 04/01/2013)

2013-04-01

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Response to Request for Judicial Notice for Rule 16 Conference Motion For Discovery/Inspection 30 33 . Filed by All Defendants. (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 04/01/2013)

2013-04-01

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Order - On March 18, 2013, Defendants University of Massachusetts (UMass) and Carnegie Institution of Washington filed a motion to dismiss Plaintiff Mussa Ali's Amended Complaint 18 . Defendants argue that because UMass is both immune under the Eleventh Amendment and an indispensable party, this Court should dismiss this action pursuant to Federal Rules of Civil Procedure 12(b)(7) and 19. Defendants also argue that this Court does not have personal jurisdiction over them. On April 1, 2013, Plaintiff responded, asking for jurisdictional discovery 30, and, in a separate motion, requesting a Rule 16 conference 33 . In Plaintiff's request for jurisdictional discovery, Plaintiff cited University of Utah v. Max-Planck-Gesellschaft zur Forderung der Wissenschaften E.V., 881 F. Supp. 2d 151 (D. Mass. 2012), as persuasive authority supporting this Court's denial of Defendants' motion to dismiss. In Utah, the district court addressed similar, but not identical, issues in denying a motion to dismiss brought by the defendants, who were officials of UMass. See generally Univ. of Utah, 881 F. Supp. 2d at 154157. The defendants in that case filed an appeal with the United States Court of Appeals for the Federal Circuit, which heard oral argument on March 3, 2013. See Univ. of Utah, 881 F. Supp. 2d 151, appeal docketed, No. 12-1540 (Fed. Cir. 2013). Although the Federal Circuit's decision in that case may not be binding on this Court, see Dainippon Screen Mfg. Co., Ltd. v. CFMT, Inc., 142 F.3d 1266, 1269 (Fed. Cir. 1998) (applying regional circuit law to a party's motion under Rule 19(b)), the Federal Circuit's opinion may be relevant to issues raised in Defendants' motion. The Court is considering entering a stay of this litigation until the Federal Circuit issues its opinion in University of Utah v. Max-Planck, No. 12-1540 (Fed. Cir. 2013). If any party desires to be heard on that question, that party may submit a brief, not to exceed 10 pages, within 14 days from entry of this Minute Order. Ordered by Judge Michael H. Simon. (mja) [Transferred from Oregon on 12/23/2013.] (Entered: 04/09/2013)

2013-04-09

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Notice of Change of Address. Filed by All Defendants (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 04/12/2013)

2013-04-12

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Supplement In Support of Specially Appearing Defendants' Motion to Dismiss or Strike Plaintiff's Amended Complaint. Filed by All Defendants. (Related document(s): Motion to Dismiss 18 .) (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 04/15/2013)

2013-04-15

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Memorandum in Opposition to Motion for Discovery and/or Inspection 30 . Filed by All Defendants. (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 04/18/2013)

2013-04-18

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Memorandum in Opposition Brief on the Question of Stay Responsive to Motion to Dismiss or Strike Plaintiff's Amended Complaint 18 . Filed by All Plaintiffs. (Kelber, Steven) [Transferred from Oregon on 12/23/2013.] (Entered: 04/23/2013)

2013-04-23

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Memorandum in Opposition Specially Appearing Defendants Response to the Courts Notice Concerning a Potential Stay. Filed by All Defendants. (Calia, Kurt) [Transferred from Oregon on 12/23/2013.] (Entered: 04/23/2013)

2013-04-23

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Opinion and Order - Defendants' Motion to Dismiss 18 is GRANTED IN PART AND DEFERRED IN PART; Defendant University of Massachusetts is DISMISSED, and the Court's ruling on the remaining issues contained in Defendants' motion are DEFE RRED. Plaintiff's Motion for Jurisdictional Discovery 30 is GRANTED IN PART AND DENIED IN PART; Plaintiff's request for discovery regarding personal jurisdiction is GRANTED BUT STAYED, and Plaintiff's request for discovery regarding any other matter is, at this time, DENIED. Plaintiffs Motion for a Rule 16 conference 13 is GRANTED. The Courtroom Deputy will contact the parties to arrange a telephone rule 16 Conference. Signed on 5/28/2013 by Judge Michael H. Simon. (mja)[Transferred from Oregon on 12/23/2013.]

2013-05-28

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Scheduling Order by Judge Michael H. Simon. Order - Setting a Telephone Rule 16 Conference for 6/19/2013 at 10:00AM. The Court will provide the parties with a call-in number prior to the call. Ordered by Judge Michael H. Simon. (mja) [Transferred from Oregon on 12/23/2013.] (Entered: 06/04/2013)

2013-06-04

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Response in Opposition to Motion to Dismiss or Strike Plaintiff's Amended Complaint 18 . Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 06/11/2013)

2013-06-11

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Declaration of Steven B. Kelber . Filed by Mussa Ali. (Related document(s): Response in Opposition to Motion 43 .) (Attachments: # 1 Exhibit, # 2 Exhibit) (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 06/11/2013)

2013-06-11

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Motion for Reconsideration re waiver of sovereign immunity of Opinion,, 41 . Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 06/11/2013)

2013-06-11

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Motion for Reconsideration of the Courts Order Granting in Part Plaintiffs Motion for Jurisdictional Discovery. Filed by Carnegie Institution of Washington. (Calia, Kurt) [Transferred from Oregon on 12/23/2013.] (Entered: 06/11/2013)

2013-06-11

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Memorandum in Support of Motion for Reconsideration of the Courts Order Granting in Part Plaintiffs Motion for Jurisdictional Discovery. Filed by Carnegie Institution of Washington. (Related document(s): Motion for Reconsideration 46 .) (Calia, Kurt) [Transferred from Oregon on 12/23/2013.] (Entered: 06/11/2013)

2013-06-11

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Unopposed Motion to File Under Seal. Filed by Carnegie Institution of Washington. (Attachments: # 1 Proposed Order) (Calia, Kurt) [Transferred from Oregon on 12/23/2013.] (Entered: 06/11/2013)

2013-06-11

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Declaration of Kurt G Calia in Support of Motion to File Under Seal. Filed by Carnegie Institution of Washington. (Related document(s): Motion - Miscellaneous 48 .) (Calia, Kurt) [Transferred from Oregon on 12/23/2013.] (Entered: 06/11/2013)

2013-06-11

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ORDER - Granting Defendants' Motion to File Under Seal 48 . Signed on 6/12/2013 by Judge Michael H. Simon. (mja) [Transferred from Oregon on 12/23/2013.] (Entered: 06/12/2013)

2013-06-12

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Declaration of Cynthia Allen In Support of Specially Appearing Defendant's Motion For Reconsideration. Filed by Carnegie Institution of Washington. (Related document(s): Motion for Reconsideration 46 .) (cib)(FILED UNDER SEAL) [Transferred from Oregon on 12/23/2013.] (Entered: 06/14/2013)

2013-06-14

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Supplement . Filed by Mussa Ali. (Related document(s): Motion For Discovery/Inspection 30 .) (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 06/17/2013)

2013-06-17

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Supplement in Response to Plaintiff's Letter of 17 June 2013. Filed by All Defendants. (Related document(s): Supplement 52 .) (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 06/18/2013)

2013-06-18

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MINUTES of Telephone Conference: Order - Pending motions discussed as stated on the record. Steven B. Kelber and Joel P. Leonard present as counsel for plaintiff(s). Kurt G. Calia, Alexa R. Hansen, Kelly M. Jaske and Nathan Shafroth present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) [Transferred from Oregon on 12/23/2013.] (Entered: 06/19/2013)

2013-06-19

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Response in Opposition to Motion for Reconsideration re waiver of sovereign immunity of Opinion,, 41 45 . Filed by University of Massachusetts. (Calia, Kurt) [Transferred from Oregon on 12/23/2013.] (Entered: 06/25/2013)

2013-06-25

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Reply to Motion to Dismiss or Strike Plaintiff's Amended Complaint 18 . Filed by Carnegie Institution of Washington. (Calia, Kurt) [Transferred from Oregon on 12/23/2013.] (Entered: 06/25/2013)

2013-06-25

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OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Status Conference held on June 19, 2013 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/8/2013. Redaction Request due 7/22/2013. Redacted Transcript Deadline set for 8/1/2013. Release of Transcript Restriction set for 9/30/2013. (Apodaca, Dennis) [Transferred from Oregon on 12/23/2013.] (Entered: 06/28/2013)

2013-06-28

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Reply to Motion for Reconsideration re waiver of sovereign immunity of Opinion,, 41 45 . Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 07/02/2013)

2013-07-02

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Motion for Leave to File a Sur-Reply. Filed by University of Massachusetts. (Attachments: # 1 Exhibit 1 (Sur-Reply), # 2 Exhibit 2) (Calia, Kurt) [Transferred from Oregon on 12/23/2013.] (Entered: 07/05/2013)

2013-07-05

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ORDER - Granting Defendant University of Massachusetts' Motion for Leave to File Sur-Reply 59 . Ordered by Judge Michael H. Simon. (mja) [Transferred from Oregon on 12/23/2013.] (Entered: 07/08/2013)

2013-07-08

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Sur-Reply to Plaintiff's Request for Reconsideration on the Issue of Waiver. Filed by University of Massachusetts. (Calia, Kurt) [Transferred from Oregon on 12/23/2013.] (Entered: 07/08/2013)

2013-07-08

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Supplement . Filed by Mussa Ali. (Related document(s): Motion to Dismiss 18 .) (Attachments: # 1 Attachment) (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 08/27/2013)

2013-08-27

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Order - Any party may file a supplemental brief not later than September 10, 2013, and not to exceed five pages in length addressing whether the Federal Circuit's recent decision in Univ. of Utah v. Max-Planck-Gesellschaft Zur Forderung Der Wissenschaften E.V., Case No. 2012-1540, 2013 WL 4406638 (Fed. Cir. Aug. 19, 2013), informs any of the issues pending before this Court. No party is required to file such a brief, and no responses shall be allowed. Ordered by Judge Michael H. Simon. (mja) [Transferred from Oregon on 12/23/2013.] (Entered: 09/03/2013)

2013-09-03

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Supplemental Brief re University of Utah. Filed by Mussa Ali. (Related document(s): Order,, 63 .) (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 09/10/2013)

2013-09-10

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Supplemental Brief in Response to the Courts Order Regarding the University of Utah Split Decision. Filed by Carnegie Institution of Washington. (Related document(s): Order,, 63 .) (Calia, Kurt) [Transferred from Oregon on 12/23/2013.] (Entered: 09/10/2013)

2013-09-10

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OPINION and ORDER - Plaintiff Ali's Motion for Reconsideration re Waiver of Sovereign Immunity 45 is DENIED. Defendant Carnegie's Motion for Reconsideration of the Court's Order Granting in Part Plaintiff's Motion for Jurisdictional Discovery is GRANTED 46 , and Plaintiff Ali's Motion for Jurisdictional Discovery is DENIED 30 . Defendants' Motion to Dismiss or Strike Plaintiff's Amended Complaint 18 is GRANTED IN PART and DENIED AS MOOT IN PART; specifically, Carnegie's Motion to Dismiss for lack of personal jurisdiction is GRANTED, and the remaining issues are DENIED AS MOOT WITH LEAVE TO RENEW. In fourteen days, unless otherwise ordered by the Court, the Clerk of the Court is directed to TRANSFER this action to the United States District Court for the District of Columbia pursuant to 28 U.S.C. § 1406(a). All other pending motions are DENIED AS MOOT. Signed on 11/25/2013 by Judge Michael H. Simon. (mja)[Transferred from Oregon on 12/23/2013.]

2013-11-25

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Case transferred in from District of Oregon; Case Number 3:12-cv-01764. Original file certified copy of transfer order and docket sheet received. (Additional attachment(s) added on 12/23/2013: # 2 Notice to Counsel/Party, # 3 Civil Cover Sheet) (rdj). (Entered: 12/23/2013)

2013-12-12

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ENTERED IN ERROR.....MOTION to Quash Subpoenas by CARROLL W. HAYES, JR, FONDULAS STRATEGIC RESEARCH (jf, ) (Documents transferred from USDC for Massachusetts, 13-mc-91309) Modified on 12/31/2013 (zjf, ). (Entered: 12/27/2013)

2013-12-20

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NOTICE of Appearance by Paul J. Berman on behalf of CARNEGIE INSTITUTION OF WASHINGTON, UNIVERSITY OF MASSACHUSETTS (Berman, Paul) (Entered: 01/09/2014)

2014-01-09

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MOTION to Continue Letter regarding January 6, 2014 Minute Order by CARNEGIE INSTITUTION OF WASHINGTON, UNIVERSITY OF MASSACHUSETTS (Berman, Paul) (Entered: 01/09/2014)

2014-01-09

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NOTICE of Appearance by Joseph William Berenato, III on behalf of MUSSA ALI (Berenato, Joseph) (Entered: 01/16/2014)

2014-01-16

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STATUS REPORT (Joint) by CARNEGIE INSTITUTION OF WASHINGTON. (Berman, Paul) (Entered: 01/21/2014)

2014-01-21

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MOTION to Dismiss and/or Strike Plaintiff's Amended Complaint by CARNEGIE INSTITUTION OF WASHINGTON (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Berman, Paul). Added MOTION to Strike on 2/5/2014 (znmw, ). (Entered: 02/04/2014)

2014-02-04

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First MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David S. Taylor, :Firm- Berenato & White, LLC, :Address- 6550 Rock Spring Drive. Phone No. - 3018960600. Fax No. - 3018960607 by MUSSA ALI (Berenato, Joseph) (Entered: 02/18/2014)

2014-02-18

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Memorandum in opposition to re 73 MOTION to Dismiss and/or Strike Plaintiff's Amended Complaint MOTION to Strike filed by MUSSA ALI. (Attachments: # 1 Exhibit PTO excerpt)(Berenato, Joseph) (Entered: 02/20/2014)

2014-02-20

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REPLY to opposition to motion re 73 MOTION to Dismiss and/or Strike Plaintiff's Amended Complaint MOTION to Strike filed by CARNEGIE INSTITUTION OF WASHINGTON. (Scarborough, Philip) (Entered: 03/03/2014)

2014-03-03

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ORDER granting 73 Motion to Dismiss; finding as moot 73 Motion to Strike. See document for details. Signed by Judge Rudolph Contreras on 08/29/2014. (lcrc1) (Entered: 08/29/2014)

2014-08-29

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MEMORANDUM OPINION granting 73 Motion to Dismiss. See document for details. Signed by Judge Rudolph Contreras on 08/29/2014. (lcrc1)

2014-08-29

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First MOTION to Withdraw as Attorney for Plaintiff by MUSSA ALI (Attachments: # 1 Text of Proposed Order)(Berenato, Joseph) (Entered: 09/05/2014)

2014-09-05

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First MOTION to Withdraw as Attorney for Plaintiff by MUSSA ALI (Attachments: # 1 Text of Proposed Order)(Berenato, Joseph) (Entered: 09/05/2014)

2014-09-05

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MOTION for an extension of time to file motion for reconsideration and to name one or more of the University of Massachusetts' Officials as prospective defendants by MUSSA ALI (td, ) (Entered: 09/16/2014)

2014-09-12

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NOTICE of nonopposition regarding counsels of record's petition to withdraw by MUSSA ALI (td, ) (Entered: 09/16/2014)

2014-09-12

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ORDER granting 79 Motion to Withdraw as Attorneys. Attorney Joseph William Berenato, III and David Scott Taylor are hereby terminated. See document for details. Signed by Judge Rudolph Contreras on 09/16/2014. (lcrc1) (Entered: 09/16/2014)

2014-09-16

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MOTION for CM/ECF Password by MUSSA ALI (jf, ) (Entered: 09/17/2014)

2014-09-16

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ORDER granting 80 Motion for Extension of time; granting 83 Motion for CM/ECF Password. See document for details. Signed by Judge Rudolph Contreras on 09/19/2014. (lcrc1) (Entered: 09/19/2014)

2014-09-19

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MOTION for Reconsideration re 78 Memorandum & Opinion, 77 Order on Motion to Dismiss, Order on Motion to Strike by MUSSA ALI (jf, ) (Entered: 09/29/2014)

2014-09-29

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Memorandum in opposition to re 85 MOTION for Reconsideration re 78 Memorandum & Opinion, 77 Order on Motion to Dismiss, Order on Motion to Strike filed by CARNEGIE INSTITUTION OF WASHINGTON. (Calia, Kurt) (Entered: 10/13/2014)

2014-10-13

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REPLY to opposition to 85 MOTION for Reconsideration re 78 Memorandum & Opinion, 77 Order on Motion to Dismiss, Order on Motion to Strike filed by MUSSA ALI. (jf, ) (Entered: 10/21/2014)

2014-10-21

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MOTION for Leave to File Supplemental Statement by MUSSA ALI (jf, ) (Entered: 11/19/2014)

2014-11-17

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ORDER granting 88 Plaintiff's motion for leave to file supplemental statement regarding filing date, denying 88 Plaintiff's alternative request to file nunc pro tunc, and denying 85 Plaintiff's motion for reconsideration or to amend complaint. See document for details. Signed by Judge Rudolph Contreras on 06/26/2015. (lcrc2) (Entered: 06/26/2015)

2015-06-26

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MEMORANDUM OPINION granting 88 Plaintiff's motion for leave to file supplemental statement regarding filing date, denying 88 Plaintiff's alternative request to file nunc pro tunc, and denying 85 Plaintiff's motion for reconsideration or to amend complaint. See document for details. Signed by Judge Rudolph Contreras on 06/26/2015. (lcrc2)

2015-06-26

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SUPPLEMENTAL STATEMENT re 85 MOTION for Reconsideration re 78 Memorandum & Opinion, 77 Order on Motion to Dismiss, Order on Motion to Strike filed by MUSSA ALI. (znmw) (Entered: 06/29/2015)

2015-06-26

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MOTION for Reconsideration re 90 Memorandum & Opinion, 89 Order on Motion for Reconsideration, Order on Motion for Leave to File,, by MUSSA ALI (jf) (Entered: 07/27/2015)

2015-07-24

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Memorandum in opposition to re 92 MOTION for Reconsideration re 90 Memorandum & Opinion, 89 Order on Motion for Reconsideration, Order on Motion for Leave to File,, filed by CARNEGIE INSTITUTION OF WASHINGTON. (Calia, Kurt) (Entered: 07/31/2015)

2015-07-31

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REPLY to opposition to re 92 MOTION for Reconsideration re 90 Memorandum & Opinion, 89 Order on Motion for Reconsideration, Order on Motion for Leave to File,, filed by MUSSA ALI. (jf) (Entered: 08/11/2015)

2015-08-10

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MEMORANDUM & ORDER denying 92 Plaintiff's Second Motion for Reconsideration. See document for details. Signed by Judge Rudolph Contreras on 9/8/2015. (lcrc2) (Entered: 09/08/2015)

2015-09-08

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NOTICE of Change of Address by MUSSA ALI (jf) (Entered: 10/07/2015)

2015-10-02

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NOTICE OF APPEAL as to 78 Memorandum & Opinion, 95 Order on Motion for Reconsideration, 90 Memorandum & Opinion, 77 Order on Motion to Dismiss, Order on Motion to Strike, 89 Order on Motion for Reconsideration, Order on Motion for Leave to File,, by MUSSA ALI. Fee Status:Fee Paid: Receipt No. 4616073982. Parties have been notified. (jf) (Entered: 10/14/2015)

2015-10-07

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Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 97 Notice of Appeal,. (jf) (Entered: 10/14/2015)

2015-10-14

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USCA Case Number

2015-10-22

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USCA Case Number

2016-07-11

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MANDATE of USCA as to 97 Notice of Appeal, filed by MUSSA ALI. USCA Case Number 16-2320. (Attachments: # 1 judgment entered April 12, 2017)(zrdj) (Entered: 07/31/2017)

2017-07-27

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Overview

Parties

Defendant

CARNEGIE INSTITUTION OF WASHINGTON Follow

Represented By

Plaintiff

MUSSA ALI Follow

Represented By

UNIVERSITY OF MASSACHUSETTS Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Complaint. Filing Fee in amount of $350 collected. Receipt No. 48930. Jury Trial Requested: Yes. Filed by Mussa Ali against Carnegie Institution of Washington (Attachments: # 1 Civil Cover Sheet). (cib) [Transferred from Oregon on 12/23/2013.] (Entered: 10/02/2012)

Clerk's Notice of Mailing to Mussa Ali regarding Discovery order, 2 . (cib) [Transferred from Oregon on 12/23/2013.] (Entered: 10/02/2012)

Amended Complaint Correction of Inventorship in Patents. Filed by Mussa Ali against All Defendants. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 12/06/2012)

Proposed Summons Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 01/08/2013)

Proposed Summons Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 01/08/2013)

Proposed Summons Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 01/09/2013)

Motion for Leave to Appear Pro Hac Vice for Attorney Joseph W. Berenato, III . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3159361. Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 01/22/2013)

Order Granting Application for Special Admission Pro Hac Vice of Steven B. Kelber for Mussa Ali. Application Fee in amount of $100 collected. Receipt No. 0979-3159287 issued. Signed on 1/23/2013 by Judge Michael H. Simon. (ecp) [Transferred from Oregon on 12/23/2013.] (Entered: 01/28/2013)

Order Granting Application for Special Admission Pro Hac Vice of Joseph W. Berenato, III for Mussa Ali. Application Fee in amount of $100 collected. Receipt No. 0979-3159361 issued. Signed on 1/23/2013 by Judge Michael H. Simon. (ecp) [Transferred from Oregon on 12/23/2013.] (Entered: 01/28/2013)

Acceptance/Acknowledgement of Service on Carnegie Institution of Washington served on 1/17/2013 Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 01/24/2013)

Acceptance/Acknowledgement of Service on University of Massachusetts served on 1/17/2013 (Attachments: # 1 Attachment) Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 01/24/2013)

Unopposed Motion for Extension of Time to Answer or Otherwise Respond. Filed by University of Massachusetts. (Attachments: # 1 Attachment Memorandum) (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 02/05/2013)

ORDER - Granting Defendant University of Massachusetts' Motion for Extension of Time to Answer 16 . Answer or other responsive pleading due by 3/18/2013. Ordered by Judge Michael H. Simon. (mja) [Transferred from Oregon on 12/23/2013.] (Entered: 02/05/2013)

Motion to Dismiss or Strike Plaintiff's Amended Complaint. Oral Argument requested. Filed by All Defendants. (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 03/18/2013)

Memorandum in Support of Specially Appearing Defendants' Motion to Dismiss or Strike. Filed by All Defendants. (Related document(s): Motion to Dismiss 18 .) (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 03/18/2013)

Declaration of Cynthia Allen in Support of Specially Appearing Defendants' Motion to Dismiss or Strike. Filed by All Defendants. (Related document(s): Motion to Dismiss 18 .) (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 03/18/2013)

Declaration of Marcellette Gailliard-Gay Williams, Ph.D., in Support of Specially Appearing Defendants' Motion to Dismiss or Strike. Filed by All Defendants. (Related document(s): Motion to Dismiss 18 .) (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 03/18/2013)

Corporate Disclosure Statement of Specially Appearing Defendant. Filed by Carnegie Institution of Washington. (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 03/18/2013)

Motion for Leave to Appear Pro Hac Vice for Attorney Kurt G. Calia . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3216011. Filed by All Defendants. (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 03/18/2013)

Motion for Leave to Appear Pro Hac Vice for Attorney Alexa R. Hansen . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3216013. Filed by All Defendants. (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 03/18/2013)

Motion for Leave to Appear Pro Hac Vice for Attorney Nathan E. Shafroth . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3216014. Filed by All Defendants. (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 03/18/2013)

Order - At the Plaintiff's request, the Court is extending the deadline for filing of Plaintiff's Response to Defendant's Motion to Strike the Amended Complaint 18 up to and including 4/12/2013. Ordered by Judge Michael H. Simon. (mja) [Transferred from Oregon on 12/23/2013.] (Entered: 03/26/2013)

Motion for Discovery and/or Inspection . Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 04/01/2013)

Memorandum in Support of Motion for Jurisdictional Discovery. Filed by Mussa Ali. (Related document(s): Motion For Discovery/Inspection 30 .) (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 04/01/2013)

Declaration of Steven B. Kelber in Support of Motion for Jurisdictional Discovery. Filed by Mussa Ali. (Related document(s): Motion For Discovery/Inspection 30 .) (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 04/01/2013)

Request for Judicial Notice for Rule 16 Conference Motion For Discovery/Inspection 30 . Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 04/01/2013)

Response to Request for Judicial Notice for Rule 16 Conference Motion For Discovery/Inspection 30 33 . Filed by All Defendants. (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 04/01/2013)

Notice of Change of Address. Filed by All Defendants (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 04/12/2013)

Supplement In Support of Specially Appearing Defendants' Motion to Dismiss or Strike Plaintiff's Amended Complaint. Filed by All Defendants. (Related document(s): Motion to Dismiss 18 .) (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 04/15/2013)

Memorandum in Opposition to Motion for Discovery and/or Inspection 30 . Filed by All Defendants. (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 04/18/2013)

Memorandum in Opposition Brief on the Question of Stay Responsive to Motion to Dismiss or Strike Plaintiff's Amended Complaint 18 . Filed by All Plaintiffs. (Kelber, Steven) [Transferred from Oregon on 12/23/2013.] (Entered: 04/23/2013)

Memorandum in Opposition Specially Appearing Defendants Response to the Courts Notice Concerning a Potential Stay. Filed by All Defendants. (Calia, Kurt) [Transferred from Oregon on 12/23/2013.] (Entered: 04/23/2013)

Scheduling Order by Judge Michael H. Simon. Order - Setting a Telephone Rule 16 Conference for 6/19/2013 at 10:00AM. The Court will provide the parties with a call-in number prior to the call. Ordered by Judge Michael H. Simon. (mja) [Transferred from Oregon on 12/23/2013.] (Entered: 06/04/2013)

Response in Opposition to Motion to Dismiss or Strike Plaintiff's Amended Complaint 18 . Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 06/11/2013)

Declaration of Steven B. Kelber . Filed by Mussa Ali. (Related document(s): Response in Opposition to Motion 43 .) (Attachments: # 1 Exhibit, # 2 Exhibit) (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 06/11/2013)

Motion for Reconsideration re waiver of sovereign immunity of Opinion,, 41 . Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 06/11/2013)

Motion for Reconsideration of the Courts Order Granting in Part Plaintiffs Motion for Jurisdictional Discovery. Filed by Carnegie Institution of Washington. (Calia, Kurt) [Transferred from Oregon on 12/23/2013.] (Entered: 06/11/2013)

Unopposed Motion to File Under Seal. Filed by Carnegie Institution of Washington. (Attachments: # 1 Proposed Order) (Calia, Kurt) [Transferred from Oregon on 12/23/2013.] (Entered: 06/11/2013)

Declaration of Kurt G Calia in Support of Motion to File Under Seal. Filed by Carnegie Institution of Washington. (Related document(s): Motion - Miscellaneous 48 .) (Calia, Kurt) [Transferred from Oregon on 12/23/2013.] (Entered: 06/11/2013)

ORDER - Granting Defendants' Motion to File Under Seal 48 . Signed on 6/12/2013 by Judge Michael H. Simon. (mja) [Transferred from Oregon on 12/23/2013.] (Entered: 06/12/2013)

Declaration of Cynthia Allen In Support of Specially Appearing Defendant's Motion For Reconsideration. Filed by Carnegie Institution of Washington. (Related document(s): Motion for Reconsideration 46 .) (cib)(FILED UNDER SEAL) [Transferred from Oregon on 12/23/2013.] (Entered: 06/14/2013)

Supplement . Filed by Mussa Ali. (Related document(s): Motion For Discovery/Inspection 30 .) (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 06/17/2013)

Supplement in Response to Plaintiff's Letter of 17 June 2013. Filed by All Defendants. (Related document(s): Supplement 52 .) (Jaske, Kelly) [Transferred from Oregon on 12/23/2013.] (Entered: 06/18/2013)

Response in Opposition to Motion for Reconsideration re waiver of sovereign immunity of Opinion,, 41 45 . Filed by University of Massachusetts. (Calia, Kurt) [Transferred from Oregon on 12/23/2013.] (Entered: 06/25/2013)

Reply to Motion to Dismiss or Strike Plaintiff's Amended Complaint 18 . Filed by Carnegie Institution of Washington. (Calia, Kurt) [Transferred from Oregon on 12/23/2013.] (Entered: 06/25/2013)

Reply to Motion for Reconsideration re waiver of sovereign immunity of Opinion,, 41 45 . Filed by Mussa Ali. (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 07/02/2013)

Motion for Leave to File a Sur-Reply. Filed by University of Massachusetts. (Attachments: # 1 Exhibit 1 (Sur-Reply), # 2 Exhibit 2) (Calia, Kurt) [Transferred from Oregon on 12/23/2013.] (Entered: 07/05/2013)

ORDER - Granting Defendant University of Massachusetts' Motion for Leave to File Sur-Reply 59 . Ordered by Judge Michael H. Simon. (mja) [Transferred from Oregon on 12/23/2013.] (Entered: 07/08/2013)

Sur-Reply to Plaintiff's Request for Reconsideration on the Issue of Waiver. Filed by University of Massachusetts. (Calia, Kurt) [Transferred from Oregon on 12/23/2013.] (Entered: 07/08/2013)

Supplement . Filed by Mussa Ali. (Related document(s): Motion to Dismiss 18 .) (Attachments: # 1 Attachment) (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 08/27/2013)

Supplemental Brief re University of Utah. Filed by Mussa Ali. (Related document(s): Order,, 63 .) (Leonard, Joel) [Transferred from Oregon on 12/23/2013.] (Entered: 09/10/2013)

Supplemental Brief in Response to the Courts Order Regarding the University of Utah Split Decision. Filed by Carnegie Institution of Washington. (Related document(s): Order,, 63 .) (Calia, Kurt) [Transferred from Oregon on 12/23/2013.] (Entered: 09/10/2013)

Case transferred in from District of Oregon; Case Number 3:12-cv-01764. Original file certified copy of transfer order and docket sheet received. (Additional attachment(s) added on 12/23/2013: # 2 Notice to Counsel/Party, # 3 Civil Cover Sheet) (rdj). (Entered: 12/23/2013)

ENTERED IN ERROR.....MOTION to Quash Subpoenas by CARROLL W. HAYES, JR, FONDULAS STRATEGIC RESEARCH (jf, ) (Documents transferred from USDC for Massachusetts, 13-mc-91309) Modified on 12/31/2013 (zjf, ). (Entered: 12/27/2013)

NOTICE of Appearance by Paul J. Berman on behalf of CARNEGIE INSTITUTION OF WASHINGTON, UNIVERSITY OF MASSACHUSETTS (Berman, Paul) (Entered: 01/09/2014)

MOTION to Continue Letter regarding January 6, 2014 Minute Order by CARNEGIE INSTITUTION OF WASHINGTON, UNIVERSITY OF MASSACHUSETTS (Berman, Paul) (Entered: 01/09/2014)

NOTICE of Appearance by Joseph William Berenato, III on behalf of MUSSA ALI (Berenato, Joseph) (Entered: 01/16/2014)

STATUS REPORT (Joint) by CARNEGIE INSTITUTION OF WASHINGTON. (Berman, Paul) (Entered: 01/21/2014)

MOTION to Dismiss and/or Strike Plaintiff's Amended Complaint by CARNEGIE INSTITUTION OF WASHINGTON (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Berman, Paul). Added MOTION to Strike on 2/5/2014 (znmw, ). (Entered: 02/04/2014)

First MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David S. Taylor, :Firm- Berenato & White, LLC, :Address- 6550 Rock Spring Drive. Phone No. - 3018960600. Fax No. - 3018960607 by MUSSA ALI (Berenato, Joseph) (Entered: 02/18/2014)

Memorandum in opposition to re 73 MOTION to Dismiss and/or Strike Plaintiff's Amended Complaint MOTION to Strike filed by MUSSA ALI. (Attachments: # 1 Exhibit PTO excerpt)(Berenato, Joseph) (Entered: 02/20/2014)

REPLY to opposition to motion re 73 MOTION to Dismiss and/or Strike Plaintiff's Amended Complaint MOTION to Strike filed by CARNEGIE INSTITUTION OF WASHINGTON. (Scarborough, Philip) (Entered: 03/03/2014)

ORDER granting 73 Motion to Dismiss; finding as moot 73 Motion to Strike. See document for details. Signed by Judge Rudolph Contreras on 08/29/2014. (lcrc1) (Entered: 08/29/2014)

MEMORANDUM OPINION granting 73 Motion to Dismiss. See document for details. Signed by Judge Rudolph Contreras on 08/29/2014. (lcrc1)

First MOTION to Withdraw as Attorney for Plaintiff by MUSSA ALI (Attachments: # 1 Text of Proposed Order)(Berenato, Joseph) (Entered: 09/05/2014)

First MOTION to Withdraw as Attorney for Plaintiff by MUSSA ALI (Attachments: # 1 Text of Proposed Order)(Berenato, Joseph) (Entered: 09/05/2014)

CARNEGIE INSTITUTION OF WASHINGTON

MUSSA ALI

UNIVERSITY OF MASSACHUSETTS