Psystar — page 2
84 posts filed under Psystar
Apple v. Psystar: Psystar Retains New Law Firms
On July 15, 2009, Psystar filed a Motion with the Court requesting allowance for substitution of counsel from the firm of Carr & Ferrell, LLP (the firm where Colby Springer is employed) to K.A.D Camara of Camara & Sibley, LLP of Houston, Texas and David…
Apple v. Psystar: Settlement Conference Date Set
As I had suggested in my last article in which I noted that although a second mediation had been ordered, no date had been set, an Order has come from Magistrate Judge Zimmerman setting the mediation for July 30, 2009. This Order is a bit…
Apple v. Psystar: New Case Management Scheduling Order Entered
Now that the automatic stay has been lifted, the California Court has issued its Second Case Management Scheduling Order. All of the previous future deadlines have been moved forward by approximately one month with the new trial date set for January 11, 2010 .
Apple v. Psystar: Examining the Declaration of Rudy Pedraza
A great deal of attention has been paid to the truth-is-stranger-than-fiction drama of the Psystar bankruptcy filings. However, buried in the flurry of filings were some overlooked gems. I had mentioned one of these in my last article in which I had pointed out that…
Apple v. Psystar: Summary of Status (with buried tidbits and copies of transcripts not made available elsewhere)
The Psystar case has taken a odd path. Just after the Court-ordered deadline for production of financial records and just prior to the date scheduled for the deposition of the Psystar representative who would not answer "I don't know" over 90 times when asked about…
Apple v. Psystar: Apple Pushes Forward in District Court
Yesterday, Apple filed its Notice of Entry of Order Granting Motion by Apple, Inc. for Relief from Stay in order to inform Judge Alsup that this case can proceed. I expect that Apple will aggressively pursue this matter in the coming days. Please look for…
Apple v. Psystar: What's the Deal With the $75,000.00?
Background Several days ago (I have been a bit ill and could not write this piece until now), Psystar filed its required Summary of Schedules with the Florida Bankruptcy Court. A copy of this filing may be viewed here . On Page 10, as part…
Apple v. Psystar: Apple Requests Bankruptcy Court to Allow Case to Go Forward
Yesterday, Apple filed a Motion with the Southern District of Florida Bankruptcy Court for Relief from the Automatic Stay of Proceedings in its lawsuit with Psystar and to allow the case to proceed to trial as previously scheduled. In its arguments, Apple sets forth twelve…
Apple v. Psystar: Judge Alsup Signs Order Staying Case
On June 1, 2009, Judge Alsup signed an Order stating: In light of the bankruptcy filing, all proceedings are hereby STAYED until the automatic stay lifts at which time the parties must immediately notify the Court and arrange for a case management conference. A case…
Redaction Possible in Psystar Bankruptcy Case
With everyone's interest so intensely focused on any bits of information that may come out of the Psystar bankruptcy hearing with regards to as yet unknown investors, the docket from today and yesterday indicates that Psystar (and presumably the creditors) will have the opportunity to…
Apple Makes Appearance in Psystar Bankruptcy Case
This morning, Apple filed a Notice of Appearance and Demand for Service of Pleadings and Other Papers in Psystar's Florida bankruptcy case. Apple is represented by Berger Singerman, P.A. for this action. While the filing sounds strong with the word "demand" in the title, it…
Psystar: Facts and Fiction
As most of you have read by now, on May 21, 2009, Psystar filed for Chapter 11 bankruptcy in the Florida Federal Court System. While I can be a competitive over-achiever and chomp at the bit to be the first to break a story, there…
Apple v. Psystar: Court Approves Order Compelling Discovery
Judge Alsup has approved and entered as final the Proposed Joint Order Compelling Psystar's Production of Financial Records and Rule 30(b)(6) Deposition filed yesterday by Apple and discussed earlier today. A copy of the Proposed Order (now final) can be found here .
Apple v. Psystar: Apple Submits Joint Proposed Discovery Order to the Court
We now have a look into the happenings of the hearing on Apple's discovery dispute with Psystar. Just a few moments ago, Apple filed a Proposed Order with the Court compelling Psystar's production of financial records and submission to an additional Rule 30(b)(6) deposition on…
Psystar Responds to Apple's Discovery Allegations, Calls Blogosphere "Rabid"
Just a little while ago, Psystar filed its response to Apple's letter brief alleging discovery violations . The letter alleges that Psystar has produced all of the relevant documents in its possession, and it is Apple who has impeded the discovery process by producing reams…
Apple v. Psystar: Discovery Dispute Set for Hearing
As discussed at length in yesterday's article , Apple had put the Court on notice that it believed that Psystar's discovery behaviour consisted of an "inordinate failure to produce and testify." As I had suspected, Judge Alsup didn't let too much time go by before…
Apple v. Psystar: Things Just Got Really Interesting
On April 29, 2009, Apple filed an Administrative Request for An Order Permitting the Filing Under Seal of Confidential Portions of Letter Brief Dated April 29, 2009 (PDF file linked). Wow, exciting, right? Okay, let me explain exactly what is happening as it is a…
Apple v. Psystar: Apple Files its Answer to Psystar's First Amended Counterclaims
Brief Background On February 12, 2009, with permission of the Court via its Order dated February 6, 2009 , Psystar filed its First Amended Counterclaims for Declaratory Relief . The Court Order required Apple to "answer" within twenty calendar days of Psystar's filing. As noted…
Apple v. Psystar: Judge Alsup Approves Parties' Request for Protective Order
On Tuesday March 3, 2009, Judge Alsup signed an Order Approving Stipulated Protective Order Subject to Stated Conditions. This Order was interesting in that Judge Alsup sua sponte added conditions/restrictions to the request of the parties. Specifically, the Order stated: 1. The parties must make…
Apple and Psystar File Joint Motion to Enter Stipulated Protective Order
On February 26, 2009, the parties requested the Court to enter a Stipulated Protective Order that would prevent disclosure of trade secrets and other sensitive materials (such as software code) to parties and persons not specifically described in the Order. This Stipulation would extend even…