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The following links include full text of many of the legal filings in the case and are a matter of public record. Since all court filings are on paper, OCR technology was used to process them into text, and subsequently HTML files. Effort was made to retain the original formatting of the documents. Some changes were inevitable, however. Although many scanning errors were corrected, the documents may include typographic errors caused by the OCR process that went undetected. These documents are published here to serve the interest of the public. They should not be relied upon as authoritative for legal reference. Where possible I have added actual pdf files.
Some Filings and Dates - Updated through 10/08/97
Case Motions and Schedules - Updated through 10/30/97
Legal Index
Affidavits
Affidavit of Dan Allman
July 28, 1997
Affidavit of Swiki Anderson
November 25, 1998
Affidavit of Roger Ansted
November 27, 1998
Affidavit of Matt Bilbo
July 28, 1997
Affidavit of Evan Brown
December 1. 1998
Affidavit of Mike Clary
April 25, 1997
Affidavit of Jack Coats
November 30, 1998
Affidavit of Wayne Jones
November 11, 1998
Affidavit of James M. McCarty
May 7, 1999
Affidavit of Dan McMurray
March 7, 2001
Affidavit of Robert D. McMurray
May 7, 1999
Affidavit of Eric W. Pinker
July 16, 1997
Affidavit of James Staron
November 19, 2001
Court Dockets
(Note: The Court Docket pages are JPG images)
(Note: the TRO (Temporary Restraining Order), Writ, Citation and Sheriff's Return are JPG images)
-
Temporary Restraining Order issued by Judge Betty Caton - April 24, 1997
TRO - Page 1, Page 2, Page 3, Page 4
Writ of Injunction - Restraining Order - Apr 24,1997
Citation for Personal Service
- Notice "you have been sued" - Apr 24,1997
Court Orders
Temporary Injunction Order
June 30, 1997
Order Granting DSC's Motion to Enforce Continuance of Brown's
Motion for Summary Judgment
May 10, 1999
Second Motion to Compel Interrogatory Responses and For
Sanctions (the "Motion")
January 19, 2000
Agreed Order
July 11, 2000
Order Granting Motion to Withdraw by Sayles & Lidji, P.C.,
June 28, 2001
Brown's Motion to Compel and Sanctions is DENIED
January 24, 2002
Exhibits
DSC Offer Letter to Evan BrownApril 13, 1987
Employee Agreement
- Employee Patent, Copyright and Proprietary Information Agreement
April 27, 1987
Request for Release on Patent Idea
April 19, 1996
DSC Invention Disclosure Form
- C code Generator - received
May 17, 1996
DSC Draft Release
June 10, 1996
Brief Description of "idea"
June 28, 1996
DSC's $2,000,000 Offer from Dave Hinshaw
July 16, 1996
Brown's Reply to Hinshaw
July 17, 1996
Edson, Tseng & Associates
September 20, 1996
DSC Voice mail
- Voice mail to Evan from DSC's legal department
December 2, 1996 through January 28, 1997
DSC Discontinues Negotiations
February 10, 1997
Judge Henderson's Temporary Injunction Order
June 30, 1997
Interview with C.E.O. Jim Donald
- DSC-Today
August 1997
DSC Press Release
February 11, 1998
Judge Henderson's ORDER specifying sanctions
Jan 19, 2000
Agreed Order (reset date for Defendant's disclosure)
July 11, 2000
Defendant's disclosure (on CD-ROM under seal)
Sept 25, 2000
Summary of Brown's Disclosure
March 8, 2001
Transcript of "Defendant's Hearing on Motion for Compensation"
Mar 12, 2001
Plaintiff's Second Amended Original Petition and Application for Injunctive Relief
Mar 18, 2001
DSC Settlement Offer
April 2, 2001
Defendant's 2nd Request for Production
Aug 17, 2001
Transcript of hearings (Motion for Summary Judgement, Motion to Compel)
Dec 21, 2001
Defendant's 3rd Request for Production, 2nd Request for Interrogatories
Apr 8, 2002
Transcript of hearings on Motion (Special Exceptions, Protective Order)
Apr 29, 2002
Judge Henderson's Faxed MEMORANDUM
May 16, 2002
FAX from Plaintiff's counsel (removal of Defendant's Motion for Summary Judgement)
June 19, 2002
Legal Filings
Defendant's Motion for Protective OrderApril 24, 1997
Plaintiff's Motion For Expedited Discovery
April 24, 1997
Order Granting Motion for Expedited Discovery (Judge Caton)
April 24, 1997
Notice of Intention to take ORAL and VIDEOTAPED
Deposition Duces Tecum of Evan Brown
April 24, 1997
Plaintiff's Original Petition and Application For Injunctive Relief
April 24, 1997
Amended Temporary Restraining Order (Judge Roach)
April 28, 1997
Order Granting Motion for Expedited Discovery (Judge Roach)
April 28, 1997
Defendant's Motion for Protective Order (Judge Roach)
May 15, 1997
Defendant's Brief in Support of Motion for Disqualification
May 16, 1997
Hearing on May 19, 1999 indefinite continuance granted to DSC
Defendant's Original Answer (response to lawsuit)
May 23, 1997
Temporary Injunctions (Judge Henderson)
June 30, 1997
Defendant's Responses to Plaintiff's First Set of Interrogatories
July 15, 1997
Emergency Motion for Contempt
July 16, 1997
Emergency Motion to Enforce Temporary Injunction and for Contempt
July 17, 1997
Response to Emergency Motion to Enforce Temporary Injunction
July 17, 1997
Appellant's Response to Appellee's Emergency Motion to Enforce Temporary Injunction
and for Contempt
July 17, 1997
Plaintiff's First Amended Original Petition and Application for Injunctive Relief
July 28, 1997
Verification by Dan Allman
July 28, 1997
DSC's Response to Evan Brown's Motion for Summary Judgment and Brief in Support
July 29, 1997
Defendant's First Supplemental Responses to Plaintiff's First Set of Interrogatories
August 6, 1997
Order Denying DSC'S Motion To Compel Interrogatory Responses
August 11, 1997
Plaintiff's Objections and Answers to Defendant Evan Brown's First Set of Interrogatories
August 14, 1997
Plaintiff's Objections and Responses to Defendant's First Request for Production
August 14, 1997
Defendant Evan Brown's Motion For Summary Judgment and Brief in Support
Originally filed on September 29,1997
Appeals Court Judgment
January 6, 1998
Appeals Court Opinion
January 6, 1998
Appeals Court Order - Issued February 11, 1998
February 11, 1998
Appeals Court Order (Mandate) - Issued February 11, 1998
February 11, 1998
Appellant's Motion for En Banc Reconsideration
April 7, 1998
DSC'S Second Motion To Compel Interrogatory Responses And For Sanctions
And Request For Expedited Consideration
May 6,1999
Hearing scheduled for June 10, 1999
Order Granting DSC'S Motion To Enforce Continuance Of Defendant Evan Brown's
Motion For Summary Judgment
May 10, 1999
Response to DSC'S Motion to Compel and for Sanctions
June 7, 1999
DSC'S Motion to Strike Affidavit of Evan Brown
June 10, 1999
Response DSC Motion Strike
June 10, 1999
Judge Henderson's Fax
June 16, 1999
DSC's Disclosure Team
June 18, 1999
DSC's Motion to Compel Interrogatory Responses and for Sanctions
December 3, 1998
Draft Order of the Court
December 3, 1998
Letter To Court
December 4, 1998
Order from Second Motion to Compel and for Sanctions
January 19, 2000
Defendant's Motion to Recuse
Friday, June 21, 2002
(Evan's) First Amended Motion for New Trial
Monday, August 19, 2002
October 13, 2003
Appellants Amended Brief
October 24, 2003
Appellants Motion for Rehearing July 13,2004
Pleadings
04/24/97 -
Plaintiffs Original Petition and Application for Injunctive Relief
04/24/97 - Plaintiffs Verified Motion for Pro Hac Vice Admission
04/24/97 - Civil Docket Sheet
04/24/97 - ORDER Granting Expeditied Discovery
04/24/97 - Temporary Restraining Order
04/24/97 - Plaintiffs Motion- Expedited Discovery
04/25/97 - Bond for Temporary Restraining Order ORDER Granting Admission Pro Hac Vice
04/25/97 - Motion for Substituted Service
04/28/97 - ORDER for Substituted Service
04/28/97 - ORDER Granting Motion for Expedited Discovery
04/28/97 - Amended Temporary Restraining Order
05/01/97 - Defendants Objection to Deposition Notice Duces Tecum
05/01/97 - Defendants Objection to Trial Setting
05/01/97 - Defendants Motion for Continuance
05/01/97 - Request and Fee for Jury Trial
05/02/97 - Scheduling Order
05/02/97 - Plaintiffs Brief in Support of Its Motion for Temporary Injunction
05/09/97 - Motion to Fix Amount of Supersedeas Bond and Suspend Temporary Injunction Pending Appeal
05/13/97 - Temporary Injunction Order
05/13/97 - Notice Filing Cash Deposit in Lieu of Cost Bond
05/13/97 - Brown's Request to the Clerk to Include Certain Items in the Transcript
05/13/97 - Brown's Request to the Court Reporter to Prepare the Statement of Fact
05/14/97 - DSC - Bond for Temporary Injunction
05/15/97 - Defendant's Motion for Protective Order
05/15/97 - Defendant's - Motion for Disqualification
05/19/97 - DSC's Request to the Clerk to Include Certain Items in Transcript
05/19/97 - Brown's Supplemental Request to the Clerk to Include Certain Items in Transcript
05/19/97 - DSC Response in Opposition to Motion for Disqualification and Motion for Sanctions
05/19/97 - Emergency Motion to for Leave to Designate Additional Members of the DSC Development Team
05/19/97 - ORDER (by Judge Roach) Denying Motion for Disqualification
05/19/97 - Civil Docket Sheet
05/23/97 - Defendant's Original Answer
05/27/97 - LETTER from Judge Henderson - re transfer of case to 219th District Court
05/27/97 - LETTER from Judge Henderson - re scheduling
- Jury trial 09/08/97 - Pre-trial Conf. 090/2 or 09/03/97 (requires Informal Docket Control Order) - Discovery DL 08/15 or 08/22
06/18/97 - Motion for Temporary restraining Order and/or Temporary Injunction - in separate folder
06/19/97 - LETTER from Judge Roach re disqualification referring matter to Judge McDowell
06/24/97 - Defendant's Brief in Support of Motion for Disqualification
06/27/97 - Notice of Assignment
06/27/97 - ORDER on Motion to Disqualify (granted)
06/27/97 - ORDER on Motion to Recuse (granted)
06/27/97 - Temporary Restraining Order
6/30/97 - Plaintiff's Trial Brief Concerning Mandatory Injunctions
06/30/97 - Plaintiff's Trial Brief Concerning Enforcement of Injunction by Contempt Proceedings
06/30/97 - Temporary Injunction Order
06/30/97 - Notice of Filing Cash Deposit in Lieu of Bond for Temporary Injunction (DSC's)
07/01/97 - Brown's Request to the Clerk to Include Certain Items in Transcript
07/01/97 - Brown's Request to the Court Reporter to Prepare Statement Facts
07/03/97 - Defendant Evan Brown's Motion for Summary Judgement and Brief in Support
07/03/97 - Brown's Supplemental Request to the Clerk to Include Certain Items in Transcript
07/03/97 - Motion to Fix Amount of Supersedeas Bond and Suspend Temporary Injunction Pending Appeal
07/09/97 - Defendant Evan Brown's Designation of Attorney in Charge (RAS)
07/23/97 - Motion for Protective Order and to Compel
07/23/97 - DSC Motion to Compel Interrogatory Responses
07/23/97 - Defendant Evan Brown's Motion to Postpone Hearing
07/22/97 - Petition in Intervention (Lance Flores)
07/28/97 - Defendant Evan Brown's Response to DSC's Motion for Protective Order and to Compel
07/28/97 - Defendant Evan Brown's Response to DSC's Motion to Compel Interrogatory Responses
07/29/97 - Plantiff's First Amended Original Petition and Application for Injunctive Relief
07/29/97 - DSC's Response to Evan Brown's Motion for Summary Judgement and Brief in Support
08/04/97 - ORDER (denying DSC's Motion to Compel answer to Interrog No.7)
08/05/97 - Motion for Protective Order
08/11/97 - ORDER Denying DSC's Motion to Compel Interrogatory Responses
08/13/97 - Defendant's Original Answer to Petition in Intervention of Lance Flores
08/21/97 - Defendant Evan Brown's Response to DSC Communications Corporation's Motion for Protective Order
08/19/97 - DSC's Original Answer to Petition Intervention
08/21/97 - Defendant Evan Brown's Response to DSC Communications Corporation's Motion for Protective Order
09/04/97 - ORDER Granting DSC's Motion for Protection
09/12/97 - Intervenor's Response to Defendant's Answer
09/29/97 - Defendant Evan Brown's Motion for Summary Judgement and Brief in Support
10/07/97 - Defendant Evan Brown's Response to DSC's Motion for Continuance and Brief in Support
10/15/97 - Defendant's Motion to Strike Petition in Intervention of Lance Flores
10/23/97 - Intervenor's Motion for Protective Order, and Motion to Modify Confidentiality Order
11/14/97 - Answer to Motion Strike Intervention
11/14/97 - Amended Answer to Motion Strike Intervention
11/17/97 - ORDER Granting Brown's Motion to Strike Petition in Intervention
(undated, unsigned) - Agreed Confidentiality Order
11/11/98 - Affidavit of Wayne A. Jones
11/13/98 - DSC's Motion to Compel Interrogatory Responses and for Sanctions
12/02/98 - Defendant Evan Brown's Response to DSC's Motion to Compel Interrogatory Responses and for Sanctions
12/08/98 - ORDER on DSC's Motion to Compel Interrogatory Responses and for Sanctions
06/10/99 - DSC's Motion Strike Affidavit of Evan Brown
Filed: 05/09/00 - DEFENDANT - Defendant's Motion to Modify Court's January 19, 2000 Order
Filed: 07/11/00 - DEFENDANT - Defendant's Motion to Modify Court's January 19, 2000 Order
Signed: 07/11/00 - COURT - Agreed Order (Motion to Modify Court's January 19, 2000 Order)
C of S 07/11/00 - PLAINTIFF - DSC's Response in Opposition to Defendant's Motion to Modify Court's January 19, 2000 Order
Signed: 07/24/00 - COURT - ORDER Denying Motion to Modify Court's January 19, 2000 Order
C of S 08/15/00 - PLAINTIFF - Notice of Change of Firm Name
Filed: 12/15/00 - DEFENDANT - Defendant's Motion for Compensation
C of S 01/23/01 - PLAINTIFF - Unopposed Motion to Modify Membership of DSC's Disclosure Team
Signed: 01/26/01 - COURT - ORDER Modifying Membership of DSC's Disclosure Team
Filed: 06/28/01 - Motion to Withdraw as Counsel for Defendant Evan Brown
Signed: 06/28/01 - COURT - ORDER Granting Motion to Withdraw
08/17/01 - Defendant's 2nd Request for Production to Plaintiff
09/17/01 - Plaintiff's Objections and Responses to Defendant's Second Request for Production
10/09/01 - Plaintiff's Motion for Summary Judgement on its Breach of Contract and Declaratory Judgement Claims
11/02/01 - Defendant's Response to DSC's Motion for Summary Judgement
11/19/01 - Supplemental Evidence to Plaintiff's Motion for Summary Judgement
12/03/01 - Plaintiff's Rule 194 Disclosures
12/18/01 - Defendant's - Application for Subpoena - Fisher - Billings
01/24/02 - Brown's Motion to Compel and Sanctions is DENIED
Transcripts
Motion for Protective Order - Judge Roach
April 30, 1997
Temporary Injunction Hearing - Judge Roach
May 2, 1997
Motion to Disqualify Judge Roach
May 19, 1997
California Labor Code
California Labor Code Labor Code: Section 2870-2872
Legal Team Acknowledgments
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URL - http://www.unixguru.com/legal.html
Page last updated 7 November 2003
Copyright © 1997 - 2004 Evan Brown. All Rights Reserved.