Eclipse Aviation vs. Does: court documents and links

(This is the post to which I add new documents as I obtain them. To determine whether any new documents have been added since a previous visit, see the chronological list of additions at the bottom of the post.)

Table of Contents:

• Documents
  • Eclipse v. Does (New Mexico)
  • Eclipse v. Does (California)
  • Eclipse v. Skupa
  • Other cases
    • Geiger v. Eclipse
    • Ice Blue v. Eclipse
• Links
  • Parties, deponent, etc.
  • Attorneys
  • Judges
  • Case information direct from courts
  • California law
  • New Mexico law
• List of additions

Documents

• The New Mexico case: ECLIPSE AVIATION CORPORATION, a Delaware Corporation vs. JOHN DOE; JANE DOE; And various other unknown individuals designated VARIOUS DOES, No. D-202-CV-2008-02624, SECOND JUDICIAL DISTRICT COURT, COUNTY OF BERNALILLO, STATE OF NEW MEXICO, filed March 18, 2008
  • Docket listing
  • "Verified Complaint For Breach of Contract and Injunctive Relief", verified March 6, 2008 by Bruce Castle (filed March 18, 2008)
  • Docket text: "Summons Issued", entered March 18, 2008
  • Docket text: "Court-Annexed Arbitration Certification", filed March 18, 2008
  • Docket text: "Eclipse Aviation Corporation's Motion to Seal Verified Complaint for Breach of Contract and Injunctive Relief, and to Seal This Motion", filed March 18, 2008
  • "Order Granting Eclipse Aviation Corporation's Motion to Seal Verified Complaint For Breach of Contract and Injunctive Relief and to Seal This Motion", filed March 18, 2008
  • "Eclipse Aviation Corporation's Motion for Commission to Issue and/or Obtain Subpoena in California" (not docketed, but it is mentioned in the order filed April 10, 2008)
  • "Commission to Issue and/or Obtain Subpoena in California", filed April 10, 2008
  • "Affidavit of Non-Admitted Lawyer" (Norman Malinski), dated July 3, 2008 (filed July 8, 2008) (per NMRA 1-089.1(A), pro hac vice orders are not required in New Mexico; upon the filing of this affidavit, Malinski was deemed admitted to practice law in New Mexico (for this case only))
  • "Entry of Appearance" (by Andrew G. Schultz and Norman Malinski for Defendants), served July 8, 2008
  • Docket text: "Motion of Doe Defendants to Dismiss, or in the Alternative, Motion For More Definite Statement", filed July 22, 2008
  • Docket text: "Request For Hearing on Motion to Dismiss or Motion For More Definite Statement", filed July 22, 2008
  • Docket text: "Notice of Hearing on Motion of Doe Defendants to Dismiss, or in the Alternative, Motion For More Definite Statement on 09/02/08 @ 9:30 AM", filed July 24, 2008
  • Docket text: "Defendants' Unopposed Motion to Unseal File", filed July 25, 2008
  • Docket text: "Stipulated Order of Dismissal Without Prejudice", filed July 30, 2008
• The California case: ECLIPSE AVIATION CORPORATION, a Delaware Corporation vs. JOHN DOE; JANE DOE; and various other unknown individuals designated VARIOUS DOES, and DOES 1 through 500, No. 1-08-CV-110380, SUPERIOR COURT OF CALIFORNIA, SANTA CLARA COUNTY, filed April 14, 2008.
  • Docket listing (My numbering of documents below is based on the numbering by the Clerk of Court in this listing)
  • 1. "Civil Case Cover Sheet", dated April 14, 2008
  • 2. "Declaration of Angela F. Storey in Support of Order to Issue Subpoena in California For Action Outside State", dated April 14, 2008 (Exhibit A is the commission from the New Mexico case; Exhibit B is the proposed "Deposition Subpoena for Production of Business Records", which includes a list of 28 "posting identities", starting with "TURN-AND-BURN")
  • "Deposition Subpoena for Production of Business Records", dated April 14, 2008 (this is the issued subpoena, signed on behalf of the Clerk of the Court, Kiri Torre, by Deputy Clerk Betty Chopoff; it was later filed as Exhibit A to the motion to quash (item 8, below))
  • 3. Docket text: "Cv First Paper Def - Unltd", entered May 5, 2008. (For this entry on the docket listing, there is no corresponding separate document in the case file. The official record that the Does paid the $320 first-paper filing fee (per GC §70612(a)) can be found stamped onto the front of their first paper (item 4). Note: the Clerk's entries for items 3 through 6 erroneously record that they are "For: Google, Inc. / RSP", but they were actually filed by the Does.)
  • 4. "Application of Norman Malinski For Admission in Pro Hac Vice", dated May 2, 2008
  • 5. "Notice of Filing" (of letter re: pro hac vice application), served May 2, 2008
  • 6. "Order on Application of Norman Malinski, Esquire For Admission in Pro Hac Vice", signed May 5, 2008 by Judge Cabrinha
  • 7. "Notice of Motion and Motion to Quash Subpoena" (by John Doe), dated May 7, 2008 (filed May 14, 2008) (Hearing is noticed for Friday, June 6, 2008, at 10:00 A.M. PDT (1700Z), before Judge Manoukian in Department 7)
  • 8. "Motion to Quash and Supporting Memorandum of Points and Authorities", dated May 7, 2008 (filed May 14, 2008) (see also this draft version with electronic text, which I found at charterx.com; note that its pagination differs from the filed version's)
  • "Out Card" (for the temporary removal of the case file from the publically-accessible Records Unit, due to the reservation of a spot on the June 6 hearing calendar), dated May 8, 2008
  • 9. "Ex Parte Application of David T. Thuma For Admission in Pro Hac Vice", dated May 19, 2008
  • 10. "Declaration of Angela F. Storey in Support of Ex Parte Application of David T. Thuma For Admission in Pro Hac Vice", dated May 20, 2008
  • 11. "Order For Admission in Pro Hac Vice", signed May 21, 2008 by Judge Cabrinha
  • 12. "Request For Judicial Notice in Support of Eclipse Aviation Corporation's Opposition to Motion to Quash Subpoena" (sans exhibits), dated May 23, 2008 (Exhibit A is Judge Manoukian's opinion in H.B. Fuller v. Doe, No. 1-05-CV-053609 (Cal. Superior Ct., Santa Clara Cty., March 15, 2006); for more documents from the Fuller case, see my May 29, 2008 article)
  • 13. "Eclipse Aviation Corporation's Opposition to Motion to Quash Subpoena", dated May 23, 2008 (opposes motion only as to 14 "Unreleased Posters", starting with "COLDWETMACKERALOFREALITY")
  • 14. "List of Out-of-State Cases in Support of Eclipse Aviation Corporation's Response to Motion to Quash Subpoena" (sans exhibits), dated May 23, 2008. The exhibits are:
    • A. Immunomedics, Inc. v. Jean Doe, 342 N.J. Super. 160, 775 A.2d 773, No. A-2762-00T1 (N.J. App. Div., July 11, 2001)
    • B. Insure New Mexico, LLC v. McGonigle, 128 N.M. 611, 995 P.2d 1053, No. 2000-NMCA-018 (N.M. Ct. App., February 11, 2000)
    • C. Sony Music Entertainment Inc. et al. v. Does 1-40, 326 F.Supp.2d 556, No. 1:04-CV-473 (S.D.N.Y July 26, 2004)
  • 15 (16?). "Declaration of Vern Raburn in Support of Eclipse Aviation Corporation's Opposition to Motion to Quash Subpoena", dated May 21, 2008. (Exhibit A is the contract that was allegedly breached, the "Eclipse Aviation Corporation Employee Invention & Non-Disclosure Agreement (INDA)", dated November 2002; Exhibit B is a "Table of Blogger Posts That Breached the INDAs".)
  • 16 (15?). "Declaration of Raymond Barratt in Support of Eclipse Aviation Corporation's Opposition to Motion to Quash Subpoena", dated May 23, 2008 (Exhibit A is "Preserved Posts – Eclipse Critic Blogspot"; Exhibit B is an untitled page containing portions of emails that Eclipse claims were written by its ex-employee Brian Skupa)
  • 17. "Declaration of Norman Malinski, Esquire", dated May 27, 2008
  • 18. "Media Request to Photograph, Record, or Broadcast" (by Eclipse-vs-Does.blogspot.com), dated May 30, 2008
  • Letter "in response to a Media Request to Photograph, Record, or Broadcast", from Eclipse to Judge Manoukian, dated June 3, 2008
  • 19. "Order on Media Request to Permit Coverage" (denying request), signed June 3, 2008 by Judge Manoukian
  • 20. Letter re: "Requests to record audio of June 6, 2008, 10:00 A.M. hearing", from Al Petrofsky (Eclipse-vs-Does.blogspot.com) to Judge Manoukian, dated June 4, 2008
  • Tentative ruling (or lack thereof) for the June 6 hearing on the motion to quash, posted June 5, 2008
  • "Minute Order – Civil Law and Motion", dated June 6, 2008 (orders hearing continued to Friday, August 1, 2008 at 10:00 A.M. PDT (1700Z))
  • 21. "Eclipse Aviation Corporation's Supplement to Opposition to Motion to Quash Subpoena", dated July 21, 2008
  • 22 (?). "Declaration of Raymond Barratt in Support of Eclipse Aviation Corporation's Supplement to Opposition to Motion to Quash Subpoena", dated July 21, 2008 (Exhibit A is a "Supplement to Table of Blogger Posts That Breached the INDAs")
  • 22 (?). "Declaration of Angela F. Storey, Esq. in Support of Eclipse Aviation Corporation's Supplement to Opposition to Motion to Quash Subpoena", dated July 21, 2008 (Exhibit A is a copy of the "Verified Complaint For Breach of Contract and Injunctive Relief", verified March 6, 2008, which was originally filed in the New Mexico court)
  • "Motion to Continue Hearing on Previously Filed Motion to Quash", served July 21, 2008 (this is mentioned by both sides in the subsequent opposition and reply briefs, and I believe a copy was delivered to the judge's chambers, but it never made it to the court's official file)
  • 23. "Eclipse Aviation Corporation's Opposition to Motion to Continue Hearing on Previously Filed Motion to Quash Subpoenas", dated July 22, 2008
  • 24. "Declaration of David T. Thuma in Support of Eclipse Aviation Corporation's Opposition to Motion to Continue Hearing on Previously Filed Motion to Quash Subpoenas", dated July 22, 2008
  • 25. "Reply of John Does to Opposition to Motion to Continue Hearing and Supplement to Opposition to Motion to Quash Subpoena", dated July 24, 2008
  • 26. "Declaration of Norman Malinski, Esquire Replying to Opposition to Continuance and Supplement to Opposition to Motion to Quash Subpoena", dated July 24, 2008
  • Letter re: "Personal Recording request for August 1, 2008, 10:00 A.M. hearing", from Al Petrofsky to Judge Manoukian, dated July 25, 2008 (Exhibit 1 is an excerpt from the transcript of the June 6 hearing)
  • 27. "Media Request to Photograph, Record, or Broadcast" (by Eclipse-vs-Does.blogspot.com), dated July 25, 2008
  • 28. "Order on Media Request to Permit Coverage" (denying request), signed July 29, 2008 by Judge Manoukian
  • Tentative ruling (or lack thereof) for the August 1 hearing on the motion to quash, posted July 31, 2008 (states that the matter has been taken off calendar)
  • "Minute Order – Civil Law and Motion", dated August 1, 2008 (the official record that the motion to quash was taken off calendar)
• The Skupa case: ECLIPSE AVIATION CORPORATION vs. BRIAN SKUPA, No. D-202-CV-2008-04029, SECOND JUDICIAL DISTRICT COURT, COUNTY OF BERNALILLO, STATE OF NEW MEXICO, filed April 21, 2008.
  (This action is discussed in Eclipse's opposition to the motion to quash (at 3:22-4:5, 4:28, 11:15-18, 11:15-26). The complaint is for "breach of contract, breach of covenant of good faith and fair dealing, breach of the duty of loyalty, conversion, [and] misappropriation of trade secrets". The contract at issue in this case is the same employee agreement at issue in the Eclipse v. Does case.)
  • Docket listing
• Other cases:
  • Geiger Excavating Inc v. Eclipse Aviation Corporation, No. 02D01-0806-PL-281 (Superior Court of Allen County, Indiana, filed June 6, 2008) and No. 1:08-cv-164 (United States District Court, Northern District of Indiana, filed July 8, 2008)
    (This is an action by a customer seeking return of its $150,000 deposit toward an Eclipse 500 jet)
    • Nefomatic docket listing
    • 1. "Complaint", filed June 6, 2008
    • 2. "Notice of Removal", served July 8, 2008
    • 6. "Amended Answer to Complaint", filed July 23, 2008
    • (See the docket listing for links to some more documents)
  • Ice Blue Air Limited v. Eclipse Aviation Corporation, No. 6:08-cv-728 (United States District Court, District of New Mexico, filed August 5, 2008)
    (This is an action by a customer seeking return of its $180,000 deposit toward an Eclipse 500 jet)
    • Nefomatic docket listing
    • 1. "Complaint For Breach of Contract, Unjust Enrichment, and Conversion", filed August 5, 2008
    • (See the docket listing for links to some more documents)

Links

• Parties, deponent, etc.:
  • Plaintiff: Eclipse Aviation Corporation (eclipseaviation.com) (Delaware corp. #2973194, incorporated 1998)
  • Subpoena recipient: Google Inc. (google.com) (Delaware corp. #3582691, incorporated 2002) (exact deponent listed on subpoena is "Google Legal Support, Blogger CMCA [sic] Complaints")
  • Blog specified in the subpoena: Eclipse Aviation Critic NG (eclipsecriticng.blogspot.com) (first post in February 2008)
  • Media Request filer: Eclipse-vs-Does.blogspot.com (first post in May 2008)
• Attorneys:
  • for Plaintiff Eclipse Aviation:
    • Jacobvitz Thuma & Walker PC (jtwlawfirm.com)
      • David Tenbroeck Thuma (New Mexico Bar, admitted 1989)
        (first bar admission: Indiana, #2200-49, admitted 1984)
        (admitted pro hac vice in California case by order dated May 21, 2008)
      • Robert H. Jacobvitz (New Mexico Bar, admitted 1979)
    • Miller Morton Caillat & Nevis (millermorton.com)
      • Angela Foster Storey (California Bar #217942, admitted 2001)
  • for Defendant John Doe:
    • Norman Malinski (Florida Bar #182344, admitted 1974)
      (admitted pro hac vice in California case by order dated May 5, 2008)
      (deemed admitted in New Mexico case upon filing of affidavit on July 8, 2008, per NMRA 1-089.1(A))
    • Rodey Dickason Sloan Akin & Robb (rodey.com)
      • Andrew G. Schultz (New Mexico Bar, admitted 1984)
    • The Jacobson Law Group (jacobsonlawgroup.com)
      • Warren Stephen Jacobson (California Bar #61607, admitted 1974)
• Judges:
  • New Mexico District Court:
    • Hon. Linda M. Vanzi (votevanzi.com) (New Mexico Bar, admitted 1995; appointed to bench in 2004)
  • California Superior Court:
    • Hon. Socrates Peter Manoukian (California Bar #77289, admitted 1977; appointed to bench in 1993)
    • Hon. Neal A. Cabrinha (California Bar #40710, admitted 1967; appointed to bench in 1997)
• Case information direct from courts:
  • New Mexico case: http://www.nmcourts.gov/caselookup
  • California case:
    • http://sccaseinfo.org/
    • http://sccsuperiorcourt.org/civil/Dept7rulings.htm
    • http://sccaseinfo.org/pa6.asp?full_case_number=1-08-CV-110380
    • http://sccaseinfo.org/pa6.asp?process_name=process_calendar_case_number&
start_date=&end_date=3000&case_number=108CV110380
• California law:
  • From leginfo.ca.gov: Constitution, Statutes, Codes (Code of Civil Procedure; Evidence Code; Government Code)
  • California Rules of Court (courtinfo.ca.gov/rules)
  • Case law:
    • California Official Reports (lexisnexis.com/clients/CACourts)
      This is a page at lexisnexis.com that is free but requires click-through acceptance of terms and conditions. It provides access to all of California's precedential appellate opinions, going all the way back to the first California Supreme Court opinions in March 1850 (six months before California's admission to the Union). Unfortunately, it does not include any of the page numbers within an opinion, which makes it impossible to generate an official pinpoint citation.
    • California Case Law (findlaw.com/cacases)
      This page is free but requires registration and login. It provides published opinions back to 1934, and includes the official page numbers.
    • Slip Opinions Archive (courtinfo.ca.gov/opinions/opinarch.htm)
      This page provides access to the original filed versions, direct from the courts, of all published opinions since 2000. Unlike either of the other two sources above, this page does not require any logging in or clicking an "I agree" button or any other nonsense, and every opinion has its own simple URL that you can directly link to from a web page.
• New Mexico law:
  • New Mexico Supreme Court Law Library (supremecourtlawlibrary.org) (includes links to statutes, rules, and case law)

List of additions

• Added 2008-07-31:
  • Letter re: "Personal Recording request for August 1, 2008, 10:00 A.M. hearing", dated July 25 (includes an excerpt from the transcript of the June 6 hearing)
  • The Complaint, Answer, and other documents in the new Geiger v. Eclipse section.
• Added 2008-08-02:
  • This list of additions
  • "Order Granting Eclipse Aviation Corporation's Motion to Seal Verified Complaint For Breach of Contract and Injunctive Relief and to Seal This Motion", filed March 18, 2008
  • Tentative ruling (or lack thereof) for the August 1 hearing on the motion to quash, posted July 31, 2008 (states that the matter has been taken off calendar)
• Added 2008-08-06:
  • New Ice Blue v. Eclipse section, including the Complaint.
• Added 2008-08-19:
  • "Verified Complaint For Breach of Contract and Injunctive Relief", verified March 6, 2008 by Bruce Castle (filed March 18, 2008)
  • "Eclipse Aviation Corporation's Supplement to Opposition to Motion to Quash Subpoena", dated July 21, 2008, and the supporting Barratt Declaration (includes a "Supplement to Table of Blogger Posts That Breached the INDAs") and Storey declaration.
  • "Eclipse Aviation Corporation's Opposition to Motion to Continue Hearing on Previously Filed Motion to Quash Subpoenas", dated July 22, 2008, and the supporting Thuma declaration (the motion this opposes is not on file with the Clerk of Court).
  • "Reply of John Does to Opposition to Motion to Continue Hearing and Supplement to Opposition to Motion to Quash Subpoena", dated July 24, 2008, and the supporting Malinski declaration.
  • "Minute Order – Civil Law and Motion", dated August 1, 2008 (the official record that the motion to quash was taken off calendar)