Authenticom, Inc. v. CDK Global, LLC et al

Filing 199

Transmission of Notice of Appeal, Docketing Statement, Opinion and Order, Opinion, Preliminary Injunction and Docket Sheet to Seventh Circuit Court of Appeals re: 196 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Opinion and Order, #172, # 3 Opinion, #191, # 4 Preliminary Injunction, # 5 Docket Sheet) (lak)

APPEAL, EJT, INTERLOCUTORY_APPEAL, PROTECTIVE_ORDER,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:17-cv-00318-jdp

Authenticom, Inc. v. CDK Global, LLC et al
Assigned to: District Judge James D. Peterson
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 15:1 Antitrust Litigation

Date Filed: 05/01/2017
Jury Demand: Plaintiff
Nature of Suit: 410 Anti-Trust
Jurisdiction: Federal Question

Plaintiff
Authenticom, Inc.

represented by Jennifer Lynn Gregor
Godfrey & Kahn S.C.
One East Main Street
Suite 500
P.O. Box 2719
Madison, WI 53701-2719
608-284-2629
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Mark Warren Hancock
Godfrey & Kahn
One East Main Street
Ste. 500
Madison, WI 53701
608-284-2251
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael N. Nemelka
Kellogg, Hansen, Todd, Figel & Frederick,
P.L.L.C.
1615 M Street, NW
Suite 400
Washington, DC 20036
202-326-7932
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Aaron M. Panner
Kellogg, Hansen, Todd, Figel & Frederick,
P.L.L.C.

1615 M Street, NW
Suite 400
Washington, DC 20036
202-326-7921
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
David L. Schwarz
Kellogg, Hansen, Todd, Figel & Frederick,
P.L.L.C.
1615 M Street, NW
Suite 400
Washington, DC 20036
202-326-7952
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Derek T. Ho
Kellogg, Hansen, Todd, Figel & Frederick,
P.L.L.C.
1615 M Street, NW
Suite 400
Washington, DC 20036
202-326-7931
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Joanna Tianyang Zhang
Kellogg, Hansen, Todd, Figel & Frederick,
P.L.L.C.
1615 M Street, NW
Suite 400
Washington, DC 20036
202-326-7952
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Joshua Hafenbrack
Kellogg, Hansen, Todd, Figel & Frederick,
P.L.L.C.
1615 M Street, NW
Suite 400
Washington, DC 20036
202-326-7952
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Kevin Johnson Miller
Kellogg, Hansen, Todd, Figel & Frederick,
P.L.L.C.
1615 M Street, NW
Suite 400
Washington, DC 20036
202-326-7952
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
V.
Defendant
CDK Global, LLC

represented by Britt Marie Miller
Mayer Brown LLP
71 S. Wacker Drive
Chicago, IL 60606
312-701-8663
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Jeffrey Allan Simmons
Foley & Lardner LLP
150 East Gilman Street
P.O. Box 1497
Madison, WI 53701-1497
608-257-5035 x4267
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Joseph S Harper
Foley & Lardner
150 East Gilman St.
P.O. Box 1497
Madison, WI 53701
608-258-4310
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Mark William Ryan
Mayer Brown LLP
1999 K St NW
Washington, DC 20006
202-263-3338
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Matthew David Provance
Mayer Brown LLP
71 S. Wacker Dr.
Chicago, IL 60606
312-701-8598
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Defendant
The Reynolds and Reynolds Company

represented by Amar Shrinivas Naik
Sheppard Mullin Richter & Hampton LLP
Four Embarcadero Center
17th Floor
San Francisco, CA 94111-4106
415-434-9100
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Aundrea K. Gulley
1100 Louisiana Street
Suite 5300
Houston, TX 77002
713-751-5258
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Brandon Michael Lewis
Perkins Coie LLP
1 East Main Street
Suite 201
Madison, WI 53703
608-294-4009
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Brian T. Ross
1100 Louisiana Street
Suite 5300
Houston, TX 77002
713-751-5286
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Brice A. Wilkinson
1100 Louisiana Street
Suite 5300

Houston, TX 77002
713-751-5218
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Charles Grant Curtis , Jr.
Perkins Coie LLP
1 East Main Street
Suite 201
Madison, WI 53703
608-663-5411
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
James Landon McGinnis
Sheppard Mullin Richter & Hampton LLP
Four Embarcadero Center
17th Floor
San Francisco, CA 94111
415-434-9100
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Jesse Jonas Bair
Perkins Coie LLP
1 East Main Street
Suite 201
Madison, WI 53703
608-393-2524
Email: [e-mail]
ATTORNEY TO BE NOTICED
John S. Skilton
Perkins Coie LLP
One East Main Street, Suite 201
Madison, WI 53703-5118
608-663-7460x7474
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Kathleen Ann Stetsko
Perkins Coie LLP
131 South Dearborn Street
Suite 1700
Chicago, IL 60603-5559
312-324-8400
Fax: [phone]
Email: [e-mail]

ATTORNEY TO BE NOTICED
Michael P. A. Cohen
Sheppard Mullin Richter & Hampton, LLP
2099 Pennsylvania Avenue, NW
Suite 100
Washington, DC 20006
202-747-1900
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Michelle Marie Umberger
Perkins Coie LLP
One East Main Street, Suite 201
Madison, WI 53703-5118
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Ross M. MacDonald
1100 Louisiana Stree
Suite 5300
Houston, TX 77002
713-751-5231
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Counter Claimant
The Reynolds and Reynolds Company

represented by Amar Shrinivas Naik
(See above for address)
ATTORNEY TO BE NOTICED
Aundrea K. Gulley
(See above for address)
ATTORNEY TO BE NOTICED
Brandon Michael Lewis
(See above for address)
ATTORNEY TO BE NOTICED
Brian T. Ross
(See above for address)
ATTORNEY TO BE NOTICED
Brice A. Wilkinson
(See above for address)
ATTORNEY TO BE NOTICED
Charles Grant Curtis , Jr.

(See above for address)
ATTORNEY TO BE NOTICED
James Landon McGinnis
(See above for address)
ATTORNEY TO BE NOTICED
Jesse Jonas Bair
(See above for address)
ATTORNEY TO BE NOTICED
John S. Skilton
(See above for address)
ATTORNEY TO BE NOTICED
Kathleen Ann Stetsko
(See above for address)
ATTORNEY TO BE NOTICED
Michael P. A. Cohen
(See above for address)
ATTORNEY TO BE NOTICED
Michelle Marie Umberger
(See above for address)
ATTORNEY TO BE NOTICED
Ross M. MacDonald
(See above for address)
ATTORNEY TO BE NOTICED
V.
Counter Defendant
Authenticom, Inc.

represented by Jennifer Lynn Gregor
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Mark Warren Hancock
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael N. Nemelka
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Aaron M. Panner
(See above for address)

ATTORNEY TO BE NOTICED
David L. Schwarz
(See above for address)
ATTORNEY TO BE NOTICED
Derek T. Ho
(See above for address)
ATTORNEY TO BE NOTICED
Joanna Tianyang Zhang
(See above for address)
ATTORNEY TO BE NOTICED
Joshua Hafenbrack
(See above for address)
ATTORNEY TO BE NOTICED
Kevin Johnson Miller
(See above for address)
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

05/01/2017

1 COMPLAINT against CDK Global, LLC, The Reynolds and Reynolds Company ( Filing fee $
400 receipt number 0758-2017000.) (Sealed Document), filed by Authenticom, Inc.,
(Attachments:
# 1 JS-44 Civil Cover Sheet,
# 2 Summons to CDK Global, LLC,
# 3 Summons to The Reynolds and Reynolds Company) (Gregor, Jennifer) (Entered:
05/01/2017)

05/01/2017

2 Motion to Seal by Plaintiff Authenticom, Inc. (Gregor, Jennifer) (Entered: 05/01/2017)

05/01/2017

3 Corporate Disclosure Statement by Plaintiff Authenticom, Inc. (Gregor, Jennifer) (Entered:
05/01/2017)

05/01/2017

4 Redaction to 1 Complaint, by Plaintiff Authenticom, Inc., (Attachments:
# 1 JS-44 Civil Cover Sheet,
# 2 Summons to CDK Global, LLC,
# 3 Summons to The Reynolds and Reynolds Company) (Gregor, Jennifer) (Entered:
05/01/2017)

05/01/2017

5 Emergency Motion for Status Conference and Preliminary Injunction Schedule by Plaintiff
Authenticom, Inc. Response due 5/8/2017. (Gregor, Jennifer) (Entered: 05/01/2017)

05/02/2017

Case randomly assigned to District Judge Barbara B. Crabb and Magistrate Judge Stephen L.
Crocker. (kwf) (Entered: 05/02/2017)

05/02/2017

Standard attachments for District Judge Barbara B. Crabb required to be served on all parties
with summons or waiver of service: NORTC, Corporate Disclosure Statement, Order on
Dispositive Motions. (kwf) (Entered: 05/02/2017)

05/02/2017

6 Summons Issued as to CDK Global, LLC. (Attachments:
# 1 Summons Issued as to The Reynolds and Reynolds Company) (kwf) (Entered: 05/02/2017)

05/02/2017

7 ORDER of Recusal. District Judge Barbara B. Crabb recused. Case randomly reassigned to
District Judge William M. Conley for all further proceedings. Signed by District Judge Barbara
B. Crabb on 5/2/2017. (kwf) (Entered: 05/02/2017)

05/02/2017

8 ** TEXT ONLY ORDER **
The court is in receipt of plaintiff Authenticom, Inc.'s emergency motion for status conference
and preliminary injunction schedule (dkt. # 5 ), which will be DENIED without prejudice.
While the court appreciates the advanced warning of plaintiff's planned filing of a motion for
preliminary injunction, it would be premature to schedule a status conference or to set a briefing
schedule or a hearing date until the motion and supporting documents are filed pursuant to the
court's Procedure to be followed on Motions for Injunctive Relief. Once filed, the court will
determine the appropriate briefing schedule and whether a status conference is required. In the
meantime, plaintiff should serve the complaint as soon as possible. Likewise, once plaintiff files
its planned preliminary injunction motion, plaintiff should immediately serve that motion and
all supporting materials, as the briefing schedule will depend, at least in part, on the date and
manner of service of that motion on defendants. Signed by District Judge William M. Conley on
5/2/2017. (kwf) (Entered: 05/02/2017)

05/02/2017

9 Notice of Appearance filed by John S. Skilton for Defendant The Reynolds and Reynolds
Company. (Skilton, John) (Entered: 05/02/2017)

05/02/2017

10 Notice of Appearance filed by Charles Grant Curtis, Jr., for Defendant The Reynolds and
Reynolds Company. (Curtis, Charles) (Entered: 05/02/2017)

05/02/2017

11 Notice of Appearance filed by Michelle Marie Umberger for Defendant The Reynolds and
Reynolds Company. (Umberger, Michelle) Modified on 5/3/2017: Judge initials. (lak) (Entered:
05/02/2017)

05/02/2017

12 Corporate Disclosure Statement by Defendant The Reynolds and Reynolds Company. (Curtis,
Charles) (Entered: 05/02/2017)

05/02/2017

13 Motion to Admit Michael N. Nemelka Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-2017618.) by Plaintiff Authenticom, Inc.. Motions referred to Magistrate Judge Stephen
L. Crocker. (Nemelka, Michael) (Entered: 05/02/2017)

05/02/2017

14 Motion to Admit Derek T. Ho Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-2017642.) by Plaintiff Authenticom, Inc.. Motions referred to Magistrate Judge Stephen
L. Crocker. (Ho, Derek) (Entered: 05/02/2017)

05/02/2017

15 Motion to Admit Aaron M. Panner Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-2017657.) by Plaintiff Authenticom, Inc.. Motions referred to Magistrate Judge Stephen
L. Crocker. (Panner, Aaron) (Entered: 05/02/2017)

05/03/2017

16 ** TEXT ONLY ORDER **
ORDER granting 13 Motion to Admit Michael N. Nemelka Pro Hac Vice. Signed by Magistrate
Judge Peter A. Oppeneer on 5/3/2017. (lak) (Entered: 05/03/2017)

05/03/2017

17 ** TEXT ONLY ORDER **
ORDER granting 14 Motion to Admit Derek T. Ho Pro Hac Vice. Signed by Magistrate Judge
Peter A. Oppeneer on 5/3/2017. (lak) (Entered: 05/03/2017)

05/03/2017

18 ** TEXT ONLY ORDER **
ORDER granting 15 Motion to Admit Aaron M. Panner Pro Hac Vice. Signed by Magistrate
Judge Peter A. Oppeneer on 5/3/2017. (lak) (Entered: 05/03/2017)

05/03/2017

19 ** TEXT ONLY ORDER **
ORDER granting 2 Motion to Seal. Signed by Magistrate Judge Stephen L. Crocker on
5/3/2017. (kwf) (Entered: 05/03/2017)

05/03/2017

20 Motion to Admit David L. Schwarz Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-2018339.) by Plaintiff Authenticom, Inc. Motions referred to Magistrate Judge Stephen L.
Crocker. (Schwarz, David) (Entered: 05/03/2017)

05/03/2017

21 Motion to Admit Kevin Johnson Miller Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-2018346.) by Plaintiff Authenticom, Inc. Motions referred to Magistrate Judge Stephen L.
Crocker. (Miller, Kevin) (Entered: 05/03/2017)

05/03/2017

22 Motion to Admit Brian T. Ross Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-2018343.) by Defendant The Reynolds and Reynolds Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Ross, Brian) (Entered: 05/03/2017)

05/03/2017

23 Motion to Admit Aundrea K. Gulley Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-2018364.) by Defendant The Reynolds and Reynolds Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Gulley, Aundrea) (Entered: 05/03/2017)

05/03/2017

24 Motion to Admit Brice A. Wilkinson Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-2018366.) by Defendant The Reynolds and Reynolds Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Wilkinson, Brice) (Entered: 05/03/2017)

05/04/2017

25 ** TEXT ONLY ORDER **
ORDER granting 20 Motion to Admit David L. Schwarz Pro Hac Vice. Signed by Magistrate
Judge Peter A. Oppeneer on 5/4/2017. (lak) (Entered: 05/04/2017)

05/04/2017

26 ** TEXT ONLY ORDER **
ORDER granting 21 Motion to Admit Kevin Johnson Miller Pro Hac Vice. Signed by
Magistrate Judge Peter A. Oppeneer on 5/4/2017. (lak) (Entered: 05/04/2017)

05/04/2017

27 ** TEXT ONLY ORDER **
ORDER granting 22 Motion to Admit Brian T. Ross Pro Hac Vice. Signed by Magistrate Judge
Peter A. Oppeneer on 5/4/2017. (lak) (Entered: 05/04/2017)

05/04/2017

28 ** TEXT ONLY ORDER **
ORDER granting 23 Motion to Admit Aundrea K. Gulley Pro Hac Vice. Signed by Magistrate
Judge Peter A. Oppeneer on 5/4/2017. (lak) (Entered: 05/04/2017)

05/04/2017

29 ** TEXT ONLY ORDER **
ORDER granting 24 Motion to Admit Brice A. Wilkinson Pro Hac Vice. Signed by Magistrate
Judge Peter A. Oppeneer on 5/4/2017. (lak) (Entered: 05/04/2017)

05/04/2017

30 ORDER of Recusal. District Judge William M. Conley recused. Case randomly reassigned to
District Judge James D. Peterson for all further proceedings. Signed by District Judge William
M. Conley on 5/4/2017. (kwf) (Entered: 05/04/2017)

05/04/2017

31 Motion to Admit Britt Marie Miller Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-2018687.) by Defendant CDK Global, LLC. Motions referred to Magistrate Judge
Stephen L. Crocker. (Miller, Britt) (Entered: 05/04/2017)

05/04/2017

32 Motion to Admit Ross M. MacDonald Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-2018689.) by Defendant The Reynolds and Reynolds Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (MacDonald, Ross) (Entered: 05/04/2017)

05/04/2017

33 Corporate Disclosure Statement by Defendant CDK Global, LLC. (Miller, Britt) (Entered:
05/04/2017)

05/04/2017

34 ** TEXT ONLY ORDER **
ORDER granting 31 Motion to Admit Britt Marie Miller Pro Hac Vice. Signed by Magistrate
Judge Peter A. Oppeneer on 5/4/2017. (lak) (Entered: 05/04/2017)

05/04/2017

35 ** TEXT ONLY ORDER **
ORDER granting 32 Motion to Admit Ross M. MacDonald Pro Hac Vice. Signed by Magistrate
Judge Peter A. Oppeneer on 5/4/2017. (lak) (Entered: 05/04/2017)

05/04/2017

36 Motion to Admit Michael P. A. Cohen Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-2018966.) by Defendant The Reynolds and Reynolds Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Cohen, Michael) (Entered: 05/04/2017)

05/04/2017

37 ** TEXT ONLY ORDER **
ORDER granting 36 Motion to Admit Michael P. A. Cohen Pro Hac Vice. Signed by Magistrate
Judge Peter A. Oppeneer on 5/4/2017. (lak) (Entered: 05/04/2017)

05/08/2017

38 Notice of Appearance filed by Jeffrey Allan Simmons for Defendant CDK Global, LLC.
(Simmons, Jeffrey) (Entered: 05/08/2017)

05/08/2017

39 Notice of Appearance filed by Joseph S Harper for Defendant CDK Global, LLC. (Harper,
Joseph) (Entered: 05/08/2017)

05/08/2017

40 Waiver of Service Returned Executed by Defendant The Reynolds and Reynolds Company. The
Reynolds and Reynolds Company waiver sent on 5/2/2017, answer due 7/3/2017. (Gregor,
Jennifer) (Entered: 05/08/2017)

05/10/2017

41 Motion to Admit Matthew David Provance Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt
number 0758-2022968.) by Defendant CDK Global, LLC. Motions referred to Magistrate Judge
Stephen L. Crocker. (Provance, Matthew) (Entered: 05/10/2017)

05/11/2017

42 ** TEXT ONLY ORDER **
ORDER granting 41 Motion to Admit Matthew David Provance Pro Hac Vice. Signed by
Magistrate Judge Peter A. Oppeneer on 5/11/2017. (lak) (Entered: 05/11/2017)

05/11/2017

43 Waiver of Service Returned Executed by Defendant CDK Global, LLC. CDK Global, LLC
waiver sent on 5/2/2017, answer due 7/3/2017. (Gregor, Jennifer) (Entered: 05/11/2017)

05/11/2017

44 Motion to Admit Mark William Ryan Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-2023393.) by Defendant CDK Global, LLC. Motions referred to Magistrate Judge
Stephen L. Crocker. (Ryan, Mark) (Entered: 05/11/2017)

05/11/2017

45 ** TEXT ONLY ORDER **
ORDER granting 44 Motion to Admit Mark William Ryan Pro Hac Vice. Signed by Magistrate
Judge Peter A. Oppeneer on 5/11/2017. (lak) (Entered: 05/11/2017)

05/17/2017

46 Motion to Admit Joanna Tianyang Zhang Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt
number 0758-2027719.) by Plaintiff Authenticom, Inc. Motions referred to Magistrate Judge
Stephen L. Crocker. (Zhang, Joanna) (Entered: 05/17/2017)

05/17/2017

47 Motion to Admit Joshua Hafenbrack Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-2027734.) by Plaintiff Authenticom, Inc. Motions referred to Magistrate Judge Stephen L.
Crocker. (Hafenbrack, Joshua) (Entered: 05/17/2017)

05/17/2017

48 ** TEXT ONLY ORDER **
ORDER granting 46 Motion to Admit Joanna Tianyang Zhang Pro Hac Vice. Signed by
Magistrate Judge Peter A. Oppeneer on 5/17/2017. (lak) (Entered: 05/17/2017)

05/17/2017

49 ** TEXT ONLY ORDER **
ORDER granting 47 Motion to Admit Joshua Hafenbrack Pro Hac Vice. Signed by Magistrate
Judge Peter A. Oppeneer on 5/17/2017. (lak) (Entered: 05/17/2017)

05/17/2017

50 Notice of Appearance filed by Jesse Jonas Bair for Defendant The Reynolds and Reynolds
Company. (Bair, Jesse) (Entered: 05/17/2017)

05/18/2017

51 MOTION FOR PRELIMINARY INJUNCTION by Plaintiff Authenticom, Inc.,
(Attachments:
# 1 Text of Proposed Order) (Gregor, Jennifer) (Entered: 05/18/2017)

05/18/2017

52 Motion to Seal by Plaintiff Authenticom, Inc. Motions referred to Magistrate Judge Stephen L.
Crocker. (Gregor, Jennifer) (Entered: 05/18/2017)

05/18/2017

53 Declaration of Wayne Fitkin filed by Plaintiff Authenticom, Inc. re: 51 Motion for Preliminary
Injunction. (Gregor, Jennifer) (Entered: 05/18/2017)

05/18/2017

54 Declaration of Michael Korp filed by Plaintiff Authenticom, Inc. re: 51 Motion for Preliminary
Injunction. (Gregor, Jennifer) (Entered: 05/18/2017)

05/18/2017

55 Declaration of Chris Longpre filed by Plaintiff Authenticom, Inc. re: 51 Motion for Preliminary
Injunction. (Gregor, Jennifer) Modified on 5/19/2017: No case number. (lak) (Entered:
05/18/2017)

05/18/2017

56 Declaration of Brian Maas filed by Plaintiff Authenticom, Inc. re: 51 Motion for Preliminary
Injunction. (Gregor, Jennifer) (Entered: 05/18/2017)

05/18/2017

57 ** TEXT ONLY ORDER **
ORDER granting 52 Motion to Seal. Signed by District Judge James D. Peterson on 5/18/2017.
(kwf) (Entered: 05/18/2017)

05/18/2017

58 Expert Report/Declaration of Peter Swire by Plaintiff Authenticom, Inc., (Attachments:
# 1 Appendix A - Curriculum Vitae,
# 2 Appendix B - Previous Testimony,
# 3 Appendix C - Materials Considered, Reviewed, or Relied Upon) (Gregor, Jennifer)
Modified on 5/19/2017. (lak) (Entered: 05/18/2017)

05/18/2017

59 Expert Report of Gordon Klein by Plaintiff Authenticom, Inc., (Sealed Document)
(Attachments:
# 1 Appendix A - Curriculum Vitae,
# 2 Appendix B - Previous Testimony,
# 3 Appendix C - Materials Considered, Reviewed, or Relied Upon) (Gregor, Jennifer)
Modified on 5/19/2017. (lak) (Entered: 05/18/2017)

05/18/2017

60 Expert Report/Declaration of Hal J. Singer by Plaintiff Authenticom, Inc., (Sealed Document)
(Attachments:
# 1 Exhibit - Bibliography) (Gregor, Jennifer) Modified on 5/19/2017. (lak) (Entered:
05/18/2017)

05/18/2017

61 Brief in Support of 51 Motion for Preliminary Injunction by Plaintiff Authenticom, Inc. (Sealed
Document) (Gregor, Jennifer) (Entered: 05/18/2017)

05/18/2017

62 Declaration of Steve Cottrell filed by Plaintiff Authenticom, Inc. re: 51 Motion for Preliminary
Injunction. (Gregor, Jennifer) (Entered: 05/18/2017)

05/18/2017

63 Proposed Findings of Fact filed by Plaintiff Authenticom, Inc. re: 51 Motion for Preliminary
Injunction. (Sealed Document) (Gregor, Jennifer) (Entered: 05/18/2017)

05/18/2017

64 Declaration of Michael N. Nemelka filed by Plaintiff Authenticom, Inc. in Support of Statement
of Facts re: 51 Motion for Preliminary Injunction, (Sealed Document) (Attachments:
# 1 Exhibit 1 - David Barkholz - Dealers Get New Management System Option - DominionMicrosoft Product Battles Giants ADP, Reynolds,
# 2 Exhibit 2 - Vince Bond, Jr. - Reynolds Sells A Revolution; President's Vision: Products to
Make Dealers Money, Not Just Count It,
# 3 Exhibit 3 - David Barkholz - DMS Dilemma: Why It's So Hard to Switch - Upstarts Battle
Big 2, But Dealers Weigh Cost vs. Comfort Zone,
# 4 Exhibit 4 - David Barkholz - Dealers Decry Reynolds Crackdown,
# 5 Exhibit 5 - CDK Global - Presentation Delivered at the 44th Annual J.P. Morgan Global
Technology, Media and Telecom Conference,
# 6 Exhibit 6 - David Barkholz - Reynolds Puts Scare in Illinois Store - 'Weird Letter' Pushes
Dealer's Switch to Rival DMS Vendor,
# 7 Exhibit 7 - David Barkholz - Inside 'Mission Impossible': A DMS Change - How Store
Succeeded in Sign-or-Switch Situation,
# 8 Exhibit 8 - Vince Bond Jr. - Survivors of DMS Shifts Tell Their Tales,
# 9 Exhibit 9 - Letter from Cohn to Board of Directors, CDK Global,
# 10 Exhibit 10 - David Barkholz - Dealers Will Pay Up for Vendors' Data Access After CDK
Switch,
# 11 Exhibit 11 - DrivingSales News, The Hidden Data Tax that Dealers Don't Know They Are
Paying,
# 12 Exhibit 12 - IntegraLink Corp., SMART-R for Reynolds ERA Dealers.,
# 13 Exhibit 13 - IntegraLink Corp., Hyundai Dealership Enrollment.,
# 14 Exhibit 14 - Reynolds and Reynolds Co., Your Data, Your Way, Drive for ERA Customers,
Vol. 1,
# 15 Exhibit 15 - Automatic Data Processing, Inc., Press Release (7/12/13),
# 16 Exhibit 16 - CDK Global, Third Party Access Program - What Dealers Need to Know,
# 17 Exhibit 17 - Reynolds and Reynolds Co., Customer Guide, Version 8,
# 18 Exhibit 18 - CDK Global, Master Services Agreement,
# 19 Exhibit 19 - Ralph Kisiel - ADP Provides Dealers 3 Options On Data Access,
# 20 Exhibit 20 - Ralph Kisiel - NADA, AIADA Weigh Reynolds Data Security Debate,
# 21 Exhibit 21 - Ralph Kisiel - Dealer Security Stirs Insecurity Vendors Wary of Reynolds Plan
for Computer Systems,
# 22 Exhibit 22 - Joint Policy Statement on Data Accessibility,
# 23 Exhibit 23 - Email from Longpre to Harreld, Authenticom (10/21/16),
# 24 Exhibit 24 - Open Secure Access, Inc., Press Release (6/28/07),
# 25 Exhibit 25 - Webpage Open Secure Access, Inc., Home.) (Gregor, Jennifer) Modified on
5/19/2017. (lak) (Entered: 05/18/2017)

05/18/2017

65 Exhibit to 51 Motion for Preliminary Injunction filed by Authenticom, Inc., 64 Declaration filed
by Authenticom, Inc., (Sealed Document) (Attachments:
# 1 Exhibit 26 - Authenticom, LLC, Press Release (10/18/16),
# 2 Exhibit 27 - Barack Obama, Remarks by the President on the Economy (7/2/15),
# 3 Exhibit 28 - Authenticom, Inc., Terms and Conditions,
# 4 Exhibit 29 - Automatic Data Processing, Inc. Form 10-K, for fiscal year ended 6-30-02,
# 5 Exhibit 30 - Automatic Data Processing, Inc. Form 10-Q, for quarterly period ended on
9-30-10,
# 6 Exhibit 31 - Webpage IntegraLink Corp., Home.,
# 7 Exhibit 32 - Reynolds and Reynolds Co., System Announcement (8/11/11),
# 8 Exhibit 33 - Ralph Kisiel - Question & Answer: Deal Puts Brockman in the Spotlight,
# 9 Exhibit 34 - Letter from Certain to Vording (3/2/15),
# 10 Exhibit 35 - Letter from Certain to Vording (4/1/15),

# 11 Exhibit 36 - Webpage Digital Motorworks Inc., Data Management, You Manage Your
Business, We'll Manage Your Data,
# 12 Exhibit 37 - CDK Global, Inc., Press Release (6/22/15),
# 13 Exhibit 38 - Vince Bond, Jr. - 'Held Hostage': Dealer's Battle with Software Giants
Escalates,
# 14 Exhibit 39 - Cliff Banks - Data Access Battle Goes Nuclear,
# 15 Exhibit 40 - CDK Global, Third Party Access (3PA) Program Vendor Overview (7/8/05),
# 16 Exhibit 41 - Letter from Karp to Dealers (8/22/16),
# 17 Exhibit 42 - Letter from Karp to Dealers (9/23/16),
# 18 Exhibit 43 - Letter from Karp to Dealers (12/7/16),
# 19 Exhibit 44 - Letter from Karp to Dealers (1/22/07),
# 20 Exhibit 45 - Ralph Kisiel - ADP: We're Taking Users from Reynolds,
# 21 Exhibit 46 - Proposed Wind Down Agreement (5/7/15),
# 22 Exhibit 47 - Email from Gulley to Stegmaier (5/7/15),
# 23 Exhibit 48 - Letter from Bruton to Krakowski (5/20/15),
# 24 Exhibit 49 - Reynolds and Reynolds Co., Master Agreement, Version 1,
# 25 Exhibit 50 - Email from Wilson to Brown (4/5/17)) (Gregor, Jennifer) Modified on
5/19/2017. (lak) (Entered: 05/18/2017)
05/18/2017

66 Exhibit to 51 Motion for Preliminary Injunction filed by Authenticom, Inc., 64 Declaration filed
by Authenticom, Inc., (Sealed Document) (Attachments:
# 1 Exhibit 51 - Customer Support Online Transcript (12/2 - 12/27/16),
# 2 Exhibit 52 - CDK Data Services, Inc., Third Party Access Agreement,
# 3 Exhibit 53 - Reynolds and Reynolds Co., Interface Agreement (5/10/13),
# 4 Exhibit 54 - Letter from Schaefer to Hathcock (8/19/16),
# 5 Exhibit 55 - Meeting Notes (4/3/16),
# 6 Exhibit 56 - Metadata from Meeting Notes (4/4/16),
# 7 Exhibit 57 - Letter from Chaefer to Cottrell (4/6/15),
# 8 Exhibit 58 - Letter from Cottrell to Schaefer (4/14/15),
# 9 Exhibit 59 - Email from Rubino to Cottrell (12/30/16),
# 10 Exhibit 60 - Email from Fitkin to Korte (11/29/16),
# 11 Exhibit 61 - Email from Luttrop to Phelps (10/27/16),
# 12 Exhibit 62 - Email from Hardin to Kamrowski (9/9/16),
# 13 Exhibit 63 - Consumer Access to Financial Records, Request for Information, Bureau of
Consumer Financial Protection, Dkt. CFPB-2016-0048 (11/17/16),
# 14 Exhibit 64 - Tescher and Brockland - BankThink One-off Data-Sharing Deals Aren't
Enough,
# 15 Exhibit 65 - Email from Springer to Cottrell (11/21/16),
# 16 Exhibit 66 - Email from Reilly to Cottrell (11/15/16),
# 17 Exhibit 67 - Email from Haygood to Cottrell (10/28/16),
# 18 Exhibit 68 - Intentionally Omitted,
# 19 Exhibit 69 - Automatic Data Processing, Inc., Addenda.,
# 20 Exhibit 70 - Email from Winch to Anderson (1/24/17),
# 21 Exhibit 71 - Email from O'Steen to Larson (9/30/16),
# 22 Exhibit 72 - Email from Schnick to Cottrel (5/3/17)) (Gregor, Jennifer) (Entered:
05/18/2017)

05/18/2017

67 Redaction to 61 Brief in Support by Plaintiff Authenticom, Inc. (Gregor, Jennifer) (Entered:
05/18/2017)

05/18/2017

68 Redaction to 60 Expert Report/Declaration of Hal J. Singer by Plaintiff Authenticom, Inc.,
(Attachments:
# 1 Exhibit - Bibliography) (Gregor, Jennifer) Modified on 5/19/2017. (lak) (Entered:

05/18/2017)
05/18/2017

69 Redaction to 63 Proposed Findings of Fact in Support of Motion for Preliminary Injunction by
Plaintiff Authenticom, Inc. (Gregor, Jennifer) (Entered: 05/18/2017)

05/18/2017

70 Redaction to 64 Declaration of Michael N. Nemelka by Plaintiff Authenticom, Inc.,
(Attachments:
# 1 Exhibit 01 - David Barkholz - Dealers Get New Management System Option - DominionMicrosoft Product Battles Giants ADP, Reynolds,
# 2 Exhibit 02 - Vince Bond, Jr. - Reynolds Sells A Revolution; President's Vision: Products to
Make Dealers Money, Not Just Count It,
# 3 Exhibit 03 - David Barkholz - DMS Dilemma: Why It's So Hard to Switch - Upstarts Battle
Big 2, But Dealers Weigh Cost vs. Comfort Zone,
# 4 Exhibit 04 - David Barkholz - Dealers Decry Reynolds Crackdown,
# 5 Exhibit 05 - CDK Global - Presentation Delivered at the 44th Annual J.P. Morgan Global
Technology, Media and Telecom Conference,
# 6 Exhibit 06 - David Barkholz - Reynolds Puts Scare in Illinois Store - 'Weird Letter' Pushes
Dealer's Switch to Rival DMS Vendor,
# 7 Exhibit 07 - David Barkholz - Inside 'Mission Impossible': A DMS Change - How Store
Succeeded in Sign-or-Switch Situation,
# 8 Exhibit 08 - Vince Bond Jr. - Survivors of DMS Shifts Tell Their Tales,
# 9 Exhibit 09 - Letter from Cohn to Board of Directors, CDK Global,
# 10 Exhibit 10 - David Barkholz - Dealers Will Pay Up for Vendors' Data Access After CDK
Switch,
# 11 Exhibit 11 - DrivingSales News, The Hidden Data Tax that Dealers Don't Know They Are
Paying,
# 12 Exhibit 12 - IntegraLink Corp., SMART-R for Reynolds ERA Dealers.,
# 13 Exhibit 13 - IntegraLink Corp., Hyundai Dealership Enrollment.,
# 14 Exhibit 14 - Reynolds and Reynolds Co., Your Data, Your Way, Drive for ERA Customers,
Vol. 1,
# 15 Exhibit 15 - Automatic Data Processing, Inc., Press Release (7/12/13),
# 16 Exhibit 16 - CDK Global, Third Party Access Program - What Dealers Need to Know,
# 17 Exhibit 17 - Reynolds and Reynolds Co., Customer Guide, Version 8 (Under Seal),
# 18 Exhibit 18 - CDK Global, Master Services Agreement (Under Seal),
# 19 Exhibit 19 - Ralph Kisiel - ADP Provides Dealers 3 Options On Data Access,
# 20 Exhibit 20 - Ralph Kisiel - NADA, AIADA Weigh Reynolds Data Security Debate,
# 21 Exhibit 21 - Ralph Kisiel - Dealer Security Stirs Insecurity Vendors Wary of Reynolds Plan
for Computer Systems,
# 22 Exhibit 22 - Joint Policy Statement on Data Accessibility,
# 23 Exhibit 23 - Email from Longpre to Harreld, Authenticom (10/21/16),
# 24 Exhibit 24 - Open Secure Access, Inc., Press Release (6/28/07),
# 25 Exhibit 25 - Webpage Open Secure Access, Inc., Home.) (Gregor, Jennifer) Modified on
5/19/2017. (lak) (Entered: 05/18/2017)

05/18/2017

71 Redaction to 65 Exhibits 26-50 by Plaintiff Authenticom, Inc., (Attachments:
# 1 Exhibit 26 - Authenticom, LLC, Press Release (10/18/16),
# 2 Exhibit 27 - Barack Obama, Remarks by the President on the Economy (7/2/15),
# 3 Exhibit 28 - Authenticom, Inc., Terms and Conditions,
# 4 Exhibit 29 - Automatic Data Processing, Inc. Form 10-K, for fiscal year ended 6-30-02,
# 5 Exhibit 30 - Automatic Data Processing, Inc. Form 10-Q, for quarterly period ended on
9-30-10,
# 6 Exhibit 31 - Webpage IntegraLink Corp., Home.,
# 7 Exhibit 32 - Reynolds and Reynolds Co., System Announcement (8/11/11),

# 8 Exhibit 33 - Ralph Kisiel - Question & Answer: Deal Puts Brockman in the Spotlight,
# 9 Exhibit 34 - Letter from Certain to Vording (3/2/15),
# 10 Exhibit 35 - Letter from Certain to Vording (4/1/15),
# 11 Exhibit 36 - Webpage Digital Motorworks Inc., Data Management, You Manage Your
Business, We'll Manage Your Data,
# 12 Exhibit 37 - CDK Global, Inc., Press Release (6/22/15),
# 13 Exhibit 38 - Vince Bond, Jr. - 'Held Hostage': Dealer's Battle with Software Giants
Escalates,
# 14 Exhibit 39 - Cliff Banks - Data Access Battle Goes Nuclear,
# 15 Exhibit 40 - CDK Global, Third Party Access (3PA) Program Vendor Overview (7/8/05),
# 16 Exhibit 41 - Letter from Karp to Dealers (8/22/16),
# 17 Exhibit 42 - Letter from Karp to Dealers (9/23/16),
# 18 Exhibit 43 - Letter from Karp to Dealers (12/7/16),
# 19 Exhibit 44 - Letter from Karp to Dealers (1/22/07),
# 20 Exhibit 45 - Ralph Kisiel - ADP: We're Taking Users from Reynolds,
# 21 Exhibit 46 - Proposed Wind Down Agreement (5/7/15) (Under Seal),
# 22 Exhibit 47 - Email from Gulley to Stegmaier (5/7/15) (Under Seal),
# 23 Exhibit 48 - Letter from Bruton to Krakowski (5/20/15),
# 24 Exhibit 49 - Reynolds and Reynolds Co., Master Agreement, Version 1 (Under Seal),
# 25 Exhibit 50 - Email from Wilson to Brown (4/5/17)) (Gregor, Jennifer) Modified on
5/19/2017. (lak) (Entered: 05/18/2017)
05/18/2017

72 Redaction to 66 Exhibits 51-72 by Plaintiff Authenticom, Inc., (Attachments:
# 1 Exhibit 51 - Customer Support Online Transcript (12/2 - 12/27/16) (Under Seal),
# 2 Exhibit 52 - CDK Data Services, Inc., Third Party Access Agreement (Under Seal),
# 3 Exhibit 53 - Reynolds and Reynolds Co., Interface Agreement (5/10/13) (Under Seal),
# 4 Exhibit 54 - Letter from Schaefer to Hathcock (8/19/16) (Under Seal),
# 5 Exhibit 55 - Meeting Notes (4/3/16),
# 6 Exhibit 56 - Metadata from Meeting Notes (4/4/16),
# 7 Exhibit 57 - Letter from Chaefer to Cottrell (4/6/15),
# 8 Exhibit 58 - Letter from Cottrell to Schaefer (4/14/15),
# 9 Exhibit 59 - Email from Rubino to Cottrell (12/30/16),
# 10 Exhibit 60 - Email from Fitkin to Korte (11/29/16),
# 11 Exhibit 61 - Email from Luttrop to Phelps (10/27/16),
# 12 Exhibit 62 - Email from Hardin to Kamrowski (9/9/16),
# 13 Exhibit 63 - Consumer Access to Financial Records, Request for Information, Bureau of
Consumer Financial Protection, Dkt. CFPB-2016-0048 (11/17/16),
# 14 Exhibit 64 - Tescher and Brockland - BankThink One-off Data-Sharing Deals Aren't
Enough,
# 15 Exhibit 65 - Email from Springer to Cottrell (11/21/16),
# 16 Exhibit 66 - Email from Reilly to Cottrell (11/15/16),
# 17 Exhibit 67 - Email from Haygood to Cottrell (10/28/16),
# 18 Exhibit 68 - Intentionally Omitted,
# 19 Exhibit 69 - Automatic Data Processing, Inc., Addenda.,
# 20 Exhibit 70 - Email from Winch to Anderson (1/24/17),
# 21 Exhibit 71 - Email from O'Steen to Larson (9/30/16),
# 22 Exhibit 72 - Email from Schnick to Cottrel (5/3/17)) (Gregor, Jennifer) Modified on
5/19/2017. (lak) (Entered: 05/18/2017)

05/19/2017

73 Motion to Seal by Defendant The Reynolds and Reynolds Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Curtis, Charles) (Entered: 05/19/2017)

05/19/2017

74 Brief in Opposition by Defendant The Reynolds and Reynolds Company re: 51 Motion for
Preliminary Injunction filed by Authenticom, Inc. (Opposition to an Expedited Briefing and
Hearing Schedule.) (Sealed Document) (Curtis, Charles) Modified on 5/19/2017. (lak)
(Entered: 05/19/2017)

05/19/2017

75 Redaction to 74 Brief in Opposition by Defendant The Reynolds and Reynolds Company.
(Curtis, Charles) (Entered: 05/19/2017)

05/19/2017

76 Motion to Seal Opposition to Plaintiff Authenticom, Inc.'s Request for an Expedited Briefing
and Hearing Schedule on its Motion for Preliminary Injunction by Defendant CDK Global,
LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Miller, Britt) (Entered:
05/19/2017)

05/19/2017

77 Brief in Opposition by Defendant CDK Global, LLC re: 51 Motion for Preliminary Injunction
filed by Authenticom, Inc. (Opposition to Request for Expedited Briefing and Hearing
Schedule.) (Sealed Document) (Miller, Britt) Modified on 5/22/2017. (lak) (Entered:
05/19/2017)

05/19/2017

78 Redaction to 77 Brief in Opposition by Defendant CDK Global, LLC. (Miller, Britt) (Entered:
05/19/2017)

05/19/2017

79 ** TEXT ONLY ORDER **
ORDER granting 73 Motion to Seal; granting 76 Motion to Seal. Signed by District Judge
James D. Peterson on 5/19/2017. (kwf) (Entered: 05/19/2017)

05/22/2017

80 Motion for Hearing /Status Conference to Set Schedule for Preliminary Injunction Hearing,
(Sealed Document) by Plaintiff Authenticom, Inc. Response due 5/30/2017. (Gregor, Jennifer)
Modified on 5/22/2017: Corrected docketing event. (lak) (Entered: 05/22/2017)

05/22/2017

81 ORDER regarding schedule for plaintiff's motion for preliminary injunction: defendants'
opposition is due June 16; plaintiff may file a reply by June 22; evidentiary hearing will be June
26-27. Signed by District Judge James D. Peterson on 05/22/2017. (ejt) (Entered: 05/22/2017)

05/22/2017

82 Redaction to 80 Motion for Hearing by Plaintiff Authenticom, Inc. (Gregor, Jennifer) Modified
on 5/23/2017. (lak) (Entered: 05/22/2017)

05/23/2017

Set Deadlines and Hearings re: 51 MOTION FOR PRELIMINARY INJUNCTION. Brief in
Opposition due 6/16/2017. Brief in Reply due 6/22/2017. Evidentiary Hearing set for 6/26/2017
and 6/27/2017 at 9:00 AM before District Judge James D. Peterson in Courtroom 260. (kwf)
(Entered: 05/23/2017)

06/05/2017

83 Notice of Appearance filed by Brandon Michael Lewis for Defendant The Reynolds and
Reynolds Company. (Lewis, Brandon) (Entered: 06/05/2017)

06/08/2017

84 Joint Motion for Protective Order by Defendant CDK Global, LLC, (Attachments:
# 1 Exhibit A - Text of Proposed Order) (Simmons, Jeffrey) (Entered: 06/08/2017)

06/09/2017

85 ORDER granting 84 Motion for Protective Order. Signed by Magistrate Judge Stephen L.
Crocker on 6/9/2017. (kwf) (Entered: 06/09/2017)

06/16/2017

86 Response to Proposed Findings of Fact filed by Defendants CDK Global, LLC, The Reynolds
and Reynolds Company re: 51 Motion for Preliminary Injunction. (Sealed Document)
(Simmons, Jeffrey) (Entered: 06/16/2017)

06/16/2017

87 Proposed Findings of Fact filed by Defendants CDK Global, LLC, The Reynolds and Reynolds
Company re: 51 Motion for Preliminary Injunction. (Sealed Document) (Simmons, Jeffrey)
Modified on 6/21/2017: Also see 135 . (lak) (Entered: 06/16/2017)

06/16/2017

88 Notice by Defendants CDK Global, LLC, The Reynolds and Reynolds Company re: 51
MOTION FOR PRELIMINARY INJUNCTION. Index of Defendants' Declarations. (Simmons,
Jeffrey) (Entered: 06/16/2017)

06/16/2017

89 Declaration of Jason Bonifay filed by Defendants CDK Global, LLC, The Reynolds and
Reynolds Company re: 51 Motion for Preliminary Injunction. (Sealed Document) (Simmons,
Jeffrey) (Entered: 06/16/2017)

06/16/2017

90 Declaration of Leigh Ann Conver filed by Defendants CDK Global, LLC, The Reynolds and
Reynolds Company re: 51 Motion for Preliminary Injunction. (Sealed Document) (Simmons,
Jeffrey) (Entered: 06/16/2017)

06/16/2017

91 Declaration of Dean Crutchfield filed by Defendants CDK Global, LLC, The Reynolds and
Reynolds Company re: 51 Motion for Preliminary Injunction. (Sealed Document) (Simmons,
Jeffrey) (Entered: 06/16/2017)

06/16/2017

92 Declaration of Steven French filed by Defendants CDK Global, LLC, The Reynolds and
Reynolds Company re: 51 Motion for Preliminary Injunction. (Sealed Document) (Simmons,
Jeffrey) (Entered: 06/16/2017)

06/16/2017

93 Declaration of Howard Gardner filed by Defendants CDK Global, LLC, The Reynolds and
Reynolds Company re: 51 Motion for Preliminary Injunction. (Sealed Document) (Simmons,
Jeffrey) (Entered: 06/16/2017)

06/16/2017

94 Disregard. See 127 . (Sealed Document) (Simmons, Jeffrey) Modified on 6/20/2017. (lak)
(Entered: 06/16/2017)

06/16/2017

95 Declaration of Dan McCray filed by Defendants CDK Global, LLC, The Reynolds and
Reynolds Company re: 51 Motion for Preliminary Injunction. (Sealed Document) (Simmons,
Jeffrey) Modified on 6/19/2017: Name. (lak) (Entered: 06/16/2017)

06/16/2017

96 Declaration of Malcolm Thorne filed by Defendants CDK Global, LLC, The Reynolds and
Reynolds Company re: 51 Motion for Preliminary Injunction. (Sealed Document) (Simmons,
Jeffrey) (Entered: 06/16/2017)

06/16/2017

97 Declaration of Robert Schaefer filed by Defendants CDK Global, LLC, The Reynolds and
Reynolds Company re: 51 Motion for Preliminary Injunction. (Sealed Document) (Simmons,
Jeffrey) (Entered: 06/16/2017)

06/16/2017

98 Declaration of Ronald Lamb filed by Defendants CDK Global, LLC, The Reynolds and
Reynolds Company re: 51 Motion for Preliminary Injunction. (Sealed Document) (Simmons,
Jeffrey) (Entered: 06/16/2017)

06/16/2017

99 Declaration of Lesha Wood filed by Defendants CDK Global, LLC, The Reynolds and
Reynolds Company re: 51 Motion for Preliminary Injunction. (Sealed Document) (Simmons,
Jeffrey) (Entered: 06/16/2017)

06/16/2017

100 Disregard. See 130 . (Sealed Document) (Simmons, Jeffrey) Modified on 6/20/2017. (lak)
(Entered: 06/16/2017)

06/16/2017

101 Disregard. See 129 . (Sealed Document) (Simmons, Jeffrey) Modified on 6/20/2017. (lak)
(Entered: 06/16/2017)

06/16/2017

102 Disregard. See 126 . (Sealed Document) (Simmons, Jeffrey) Modified on 6/20/2017. (lak)
(Entered: 06/16/2017)

06/16/2017

103 Disregard. See 125 . (Sealed Document) (Simmons, Jeffrey) Modified on 6/20/2017. (lak)
(Entered: 06/16/2017)

06/16/2017

104 Declaration of Andrea K. Gulley filed by Defendants CDK Global, LLC, The Reynolds and
Reynolds Company re: 51 Motion for Preliminary Injunction, (Sealed Document)
(Attachments:
# 1 Exhibit 45 - ERA System Diagram,
# 2 Exhibit 46 - Reynolds Integration Landscape,
# 3 Exhibit 47 - ERA Data Management Milestones,
# 4 Exhibit 48 - ERA Data Management Milestones 2010,
# 5 Exhibit 49 - Reynolds Company Legacy (Webpage),
# 6 Exhibit 50 - What the Companies Are Saying About RCI,
# 7 Exhibit 51 - Testimonial - AIB,
# 8 Exhibit 52 - Testimonial - Car-Research XRM,
# 9 Exhibit 53 - Testimonial - CDP,
# 10 Exhibit 54 - Testimonial - DealerPeak,
# 11 Exhibit 55 - Testimonial - Dynatron,
# 12 Exhibit 56 - Testimonial - MaximTrak,
# 13 Exhibit 57 - Testimonial - ProMax,
# 14 Exhibit 58 - Testimonial - Title Tech,
# 15 Exhibit 59 - Testimonial - Vision Menu,
# 16 Exhibit 60 - 2018-08-14 Dealer Wizard RCI Transcript,
# 17 Exhibit 61 - Email re: Dynamic Reporting Process,
# 18 Exhibit 62 - RRcloning DynamicReporting, Revised,
# 19 Exhibit 63 - Authenticom Email to Dealer,
# 20 Exhibit 64 - Authenticom-XtreamService MSA and SOW1,
# 21 Exhibit 65 - 2015-05-07 FW Update on Reynolds Extractions,
# 22 Exhibit 66 - Interview with Steve Cottrell - President - CEO,
# 23 Exhibit 67 - FTCs Privacy Rule and Auto Dealers FAQs,
# 24 Exhibit 68 - 10 Principles of Reynolds Data Management,
# 25 Exhibit 69 - RR-ELEAD Announcement Final,
# 26 Exhibit 70 - Reynolds and Reynolds Shareholders Approve Merger with Universal
Computer Systems,
# 27 Exhibit 71 - 2012-11-01 Reynolds-SIS Complaint,
# 28 Exhibit 72 - Open Secure Access Seeks Feedback on Draft Data Security Guidelines,
# 29 Exhibit 73 - Guidestar Profile for Open Secure Access) (Simmons, Jeffrey) Modified on
6/18/2017. (lak) (Entered: 06/16/2017)

06/16/2017

105 Brief in Opposition by Defendants CDK Global, LLC, The Reynolds and Reynolds Company
re: 51 Motion for Preliminary Injunction filed by Authenticom, Inc. (Sealed Document)
(Simmons, Jeffrey) (Entered: 06/16/2017)

06/16/2017

106 Declaration of Britt M. Miller filed by Defendants CDK Global, LLC, The Reynolds and
Reynolds Company re: 51 Motion for Preliminary Injunction, (Sealed Document)
(Attachments:
# 1 Exhibit 1 - Data Exchange Agreement,
# 2 Exhibit 2 - 3PA Agreement,
# 3 Exhibit 3 - RCI Agreement,
# 4 Exhibit 4 - May 1, 1994 CDK Master Services Agreement,
# 5 Exhibit 5 - July 1, 1994 CDK Master Services Agreement,
# 6 Exhibit 6 - August 5, 2008 CDK Master Services Agreement,
# 7 Exhibit 7 - July 1, 2010 CDK Master Services Agreement,
# 8 Exhibit 8 - July 1, 2011 CDK Master Services Agreement,
# 9 Exhibit 9 - September 8, 2014 CDK Master Services Agreement,
# 10 Exhibit 10 - July 1, 2015 CDK Master Services Agreement,
# 11 Exhibit 11 - Master Service Agreement between The Dealer Services Group of ADP, Inc.

and Ghaben Auto Group, LLC,
# 12 Exhibit 12 - Master Service Agreement Between The Dealer Services Group of ADP, Inc.
and Ghaben Auto Group, LLC, Executed 5-9-2014,
# 13 Exhibit 13 - Master Service Agreement Between The Dealer Services Group of ADP, Inc.
and Ghaben Auto Group, LLC, Executed 06/09/2017,
# 14 Exhibit 14 - CDK DMS Data Flow Chart,
# 15 Exhibit 15 - Letter from the National Automobile Dealers Association to Members re:
Dealer Data Guidance - Sample Service Provider Contract Language," dated August 28, 2013,
# 16 Exhibit 16 - NADA Memorandum "10 Steps Dealers Need To Take To Protect 'Dealer
Data'",
# 17 Exhibit 17 - CDK Global, Inc. 2015 Annual Report and SEC Form 10-K for the Fiscal
Year Ended June 30, 2015,
# 18 Exhibit 18 - Part 1, CDK Global, Inc. 2015 Annual Report and SEC Form 10-K for the
Fiscal Year Ended June 30, 2016,
# 19 Exhibit 18 - Part 2,
# 20 Exhibit 18 - Part 3,
# 21 Exhibit 19 - "DealerVault Competitive Analysis" Presentation, dated October 28, 2016,
# 22 Exhibit 20 - "Who Let The Data Out? Threats To Security And How To Avoid Them"
Presentation by Jim Foote, dated February 28, 2014,
# 23 Exhibit 21 - "Information Security Guidelines for ADP Dealer Services Clients v.3"
Memorandum, dated March 12, 2013,
# 24 Exhibit 22 - Letter from Dan McCray to Dealers re: DMS Access for Authenticom, dated
August 1, 2014,
# 25 Exhibit 23 - SecurityFirst FAQ Brochure, dated May 23, 2017,
# 26 Exhibit 24 - Part 1, "Third Party Access Strategy - Strategy 'Refresh'" presentation, dated
December 3, 2014,
# 27 Exhibit 24 - Part 2,
# 28 Exhibit 24 - Part 3,
# 29 Exhibit 24 - Part 4,
# 30 Exhibit 24 - Part 5,
# 31 Exhibit 25 - Part 1, "GSO Threat and Security Assessment" Report by
PricewaterhouseCoopers, dated May 6, 2015,
# 32 Exhibit 25 - Part 2,
# 33 Exhibit 26, ADP "Data Corruption - DMS Review - August 2013" brochure by Bill
Schwab and Jon Barnes, dated August 2013,
# 34 Exhibit 27 - "SecurityFirst Overview" Presentation, dated July 21, 2015,
# 35 Exhibit 28 - "Dealer Data Management and Security" Presentation, dated October 2014,
# 36 Exhibit 29 - 2015 "Putting Dealers in the Driver's Seat" Brochure,
# 37 Exhibit 30 - CDK Global, Inc., Website "CDK Customer Management," Last Visited June
15, 2017,
# 38 Exhibit 31 - "Third Party Access Strategy - Strategy 'Refresh'" Presentation, dated October
31, 2014,
# 39 Exhibit 32 - Managed Interface Agreement Between CDK Global, LLC, Executed on
August 5, 2016,
# 40 Exhibit 33 - "Building a more secure ecosystem" Presentation by Jeff Barr,
# 41 Exhibit 34 - Authenticom Website, "AuthentiLink," Last Visited June 15, 2017,
# 42 Exhibit 35 - F&I Showroom Website, "CDK, Darwin Team Up on New F&I Menu
System," dated January 24, 2017,
# 43 Exhibit 36 - ProQuotes Webstite, "ProQuotes Data Department," Last Visited June 15,
2017,
# 44 Exhibit 37 - StoneEagle Website, "StoneEagle Wins Platinum Award for F&I Technology
in the 2017 Dealers' Choice Awards," dated June 6, 2017,

# 45 Exhibit 38 - Letter from Kevin Distelhorst to CDK Customers re: Update Regarding NonAuthorized CDK DMS Data Access, dated July 8, 2016,
# 46 Exhibit 39 - Letter from Bob Karp to CDK Customers re: Unauthorized Third Party Access
Migration Plan, dated September 23, 2016,
# 47 Exhibit 40 - Letter from Bob Karp to CDK Customers re: Non-Authorized Access Security
Measures, dated December 7, 2016,
# 48 Exhibit 41 - 2-13-17 Email from Jeffrey Barr to Mike Noser, Kevin Diselhorst and Howard
Gardner,
# 49 Exhibit 42 - "Evolving Data Services to Meet Tomorrow's Challenges" Presentation,
# 50 Exhibit 43 - CDK "Third Party Access Program Services and Pricing Guide",
# 51 Exhibit 44 - 11-16-16 Email from Kevin Distelhorst Forwarding November 18, 2016 Letter
from Authenticom to Vendors re: Updated on CDK Solution (Simmons, Jeffrey) Modified on
6/18/2017. (lak) (Entered: 06/16/2017)
06/16/2017

107 Redaction to 98 Declaration of Ronald Lamb filed by Defendants CDK Global, LLC, The
Reynolds and Reynolds Company. (Simmons, Jeffrey) Modified on 6/19/2017: Corrected
docketing event; linked to the sealed version instead of the motion. (lak) (Entered: 06/16/2017)

06/16/2017

108 Redaction to 97 Declaration of Robert Schaefer filed by Defendants CDK Global, LLC, The
Reynolds and Reynolds Company. (Simmons, Jeffrey) Modified on 6/19/2017: Corrected
docketing event; linked to the sealed version instead of the motion. (lak) (Entered: 06/16/2017)

06/16/2017

109 Redaction to 102 Declaration of Paul Schneck filed by Defendants CDK Global, LLC, The
Reynolds and Reynolds Company. (Simmons, Jeffrey) Modified on 6/19/2017: Corrected
docketing event; linked to the sealed version instead of the motion. Entry 102 must be refiled.
Link to the new entry when it is refiled. (lak) (Entered: 06/16/2017)

06/16/2017

110 Redaction to 89 Declaration of Jason Bonifay filed by Defendants CDK Global, LLC, The
Reynolds and Reynolds Company. (Simmons, Jeffrey) Modified on 6/19/2017: Corrected
docketing event; linked to the sealed version instead of the motion. (lak) (Entered: 06/16/2017)

06/16/2017

111 Redaction to 91 Declaration of Dean Crutchfield filed by Defendants CDK Global, LLC, The
Reynolds and Reynolds Company. (Simmons, Jeffrey) Modified on 6/19/2017: Corrected
docketing event; linked to the sealed version instead of the motion. (lak) (Entered: 06/16/2017)

06/16/2017

112 Disregard. See 128 . Modified on 6/20/2017. (lak) (Entered: 06/16/2017)

06/16/2017

113 Redaction to 101 Declaration of Eric Rosenbach filed by Defendants CDK Global, LLC, The
Reynolds and Reynolds Company. (Simmons, Jeffrey) Modified on 6/19/2017: Corrected
docketing event; linked to the sealed version instead of the motion. Entry 101 must be refiled.
Link to the new entry when it is refiled. (Entered: 06/16/2017)

06/17/2017

114 Redaction to 105 Brief in Opposition by Defendants CDK Global, LLC, The Reynolds and
Reynolds Company. (Simmons, Jeffrey) Modified on 6/19/2017: Corrected docketing event;
linked to the sealed version instead of the motion. (lak) (Entered: 06/17/2017)

06/17/2017

115 Redaction to 86 Response to Proposed Findings of Fact filed by Defendants CDK Global, LLC,
The Reynolds and Reynolds Company. (Simmons, Jeffrey) Modified on 6/19/2017: Corrected
docketing event; linked to the sealed version instead of the motion. (lak) (Entered: 06/17/2017)

06/17/2017

116 Redaction to 87 Proposed Findings of Fact filed by Defendants CDK Global, LLC, The
Reynolds and Reynolds Company. (Simmons, Jeffrey) Modified on 6/19/2017: Corrected
docketing event; linked to the sealed version instead of the motion. (lak) (Entered: 06/17/2017)

06/17/2017

117 Redaction to 90 Declaration of Leigh Ann Conver filed by Defendants CDK Global, LLC, The
Reynolds and Reynolds Company. (Simmons, Jeffrey) Modified on 6/19/2017: Corrected
docketing event; linked to the sealed version instead of the motion. (lak) (Entered: 06/17/2017)

06/17/2017

118 Redaction to 92 Declaration of Steven French filed by Defendants CDK Global, LLC, The
Reynolds and Reynolds Company. (Simmons, Jeffrey) Modified on 6/19/2017: Corrected
docketing event; linked to the sealed version instead of the motion. (lak) (Entered: 06/17/2017)

06/17/2017

119 Redaction to 93 Declaration of Howard Gardner filed by Defendants CDK Global, LLC, The
Reynolds and Reynolds Company. (Simmons, Jeffrey) Modified on 6/19/2017: Corrected
docketing event; linked to the sealed version instead of the motion. (lak) (Entered: 06/17/2017)

06/17/2017

120 Redaction to 95 Declaration of Dan McCray filed by Defendants CDK Global, LLC, The
Reynolds and Reynolds Company. (Simmons, Jeffrey) Modified on 6/19/2017: Corrected
docketing event; linked to the sealed version instead of the motion; name. (lak) (Entered:
06/17/2017)

06/17/2017

121 Redaction to 96 Declaration of Malcolm Thorne filed by Defendants CDK Global, LLC, The
Reynolds and Reynolds Company. (Simmons, Jeffrey) Modified on 6/19/2017: Corrected
docketing event; linked to the sealed version instead of the motion. (lak) (Entered: 06/17/2017)

06/17/2017

122 Disregard. See 131 . Modified on 6/20/2017. (lak) (Entered: 06/17/2017)

06/19/2017

123 Motion to Admit Amar Shrinivas Naik Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-2050780.) by Defendant The Reynolds and Reynolds Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Naik, Amar) (Entered: 06/19/2017)

06/19/2017

124 ** TEXT ONLY ORDER **
ORDER granting 123 Motion to Admit Amar Shrinivas Naik Pro Hac Vice. Signed by
Magistrate Judge Peter A. Oppeneer on 6/19/2017. (lak) (Entered: 06/19/2017)

06/19/2017

125 Declaration of Mark Zmijewski filed by Defendants CDK Global, LLC, The Reynolds and
Reynolds Company re: 51 Motion for Preliminary Injunction, (Sealed Document)
(Attachments:
# 1 Exhibit A - Curriculum Vitae,
# 2 Exhibit B - Documents Relied Upon,
# 3 Exhibit C - Authenticom's Financial Statements) (Simmons, Jeffrey) (Entered: 06/19/2017)

06/19/2017

126 Declaration of Paul Schneck filed by Defendants CDK Global, LLC, The Reynolds and
Reynolds Company re: 51 Motion for Preliminary Injunction, (Sealed Document)
(Attachments:
# 1 Exhibit 1 - Curriculum Vitae) (Simmons, Jeffrey) (Entered: 06/19/2017)

06/19/2017

127 Declaration of Robert Karp filed by Defendants CDK Global, LLC, The Reynolds and
Reynolds Company re: 51 Motion for Preliminary Injunction. (Sealed Document) (Simmons,
Jeffrey) Modified on 6/21/2017: Also see 136 . (lak) (Entered: 06/19/2017)

06/19/2017

128 Redaction to 127 Declaration of Robert Karp by Defendants CDK Global, LLC, The Reynolds
and Reynolds Company (Simmons, Jeffrey) (Entered: 06/19/2017)

06/19/2017

129 Declaration of Eric Rosenbach filed by Defendants CDK Global, LLC, The Reynolds and
Reynolds Company re: 51 Motion for Preliminary Injunction, (Sealed Document)
(Attachments:
# 1 Exhibit A - Documents Considered) (Simmons, Jeffrey) Modified on 6/20/2017: Changed
exhibit description from CV to Documents Considered. (lak) (Entered: 06/19/2017)

06/19/2017

130 Declaration of Sumanth Addanki filed by Defendants CDK Global, LLC, The Reynolds and
Reynolds Company re: 51 Motion for Preliminary Injunction, (Sealed Document)
(Attachments:
# 1 Exhibit 1 - Curriculum Vitae,
# 2 Exhibit 2 - Documents Considered) (Simmons, Jeffrey) (Entered: 06/19/2017)

06/19/2017

131 Redaction to 130 Declaration, by Defendants CDK Global, LLC, The Reynolds and Reynolds
Company, (Attachments:
# 1 Exhibit 1 - Curriculum Vitae,
# 2 Exhibit 2 - Documents Considered) (Simmons, Jeffrey) (Entered: 06/19/2017)

06/20/2017

132 Motion to Admit James Landon McGinnis Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt
number 0758-2052066.) by Defendant The Reynolds and Reynolds Company. Motions referred
to Magistrate Judge Stephen L. Crocker. (McGinnis, James) (Entered: 06/20/2017)

06/20/2017

133 ** TEXT ONLY ORDER **
ORDER granting 132 Motion to Admit James Landon McGinnis Pro Hac Vice. Signed by
Magistrate Judge Peter A. Oppeneer on 6/20/2017. (lak) (Entered: 06/20/2017)

06/20/2017

134 Notice by Defendants CDK Global, LLC, The Reynolds and Reynolds Company re 51
MOTION FOR PRELIMINARY INJUNCTION. Notice of Errata re: Defendants' Proposed
Findings of Fact and Karp Declaration. (Sealed Document) (Simmons, Jeffrey) (Entered:
06/20/2017)

06/20/2017

135 Corrected Proposed Findings of Fact filed by Defendants CDK Global, LLC, The Reynolds and
Reynolds Company re: 51 Motion for Preliminary Injunction. (Sealed Document) (Simmons,
Jeffrey) (Entered: 06/20/2017)

06/20/2017

136 Corrected Declaration of Robert Karp filed by Defendants CDK Global, LLC, The Reynolds
and Reynolds Company re: 51 Motion for Preliminary Injunction. (Sealed Document)
(Simmons, Jeffrey) (Entered: 06/20/2017)

06/21/2017

137 Motion for Hearing (Telephonic Status Conference) and Combined Joint Report by Defendants
CDK Global, LLC, The Reynolds and Reynolds Company. (Ross, Brian) Modified on
6/22/2017. (lak) (Entered: 06/21/2017)

06/22/2017

138 Brief in Reply by Plaintiff Authenticom, Inc. in Support of 51 Motion for Preliminary
Injunction, (Sealed Document) (Attachments:
# 1 Exhibit - Glossary of Terms) (Gregor, Jennifer) (Entered: 06/22/2017)

06/22/2017

139 Declaration of Peter Swire filed by Plaintiff Authenticom, Inc. in Reply re: 51 Motion for
Preliminary Injunction, (Sealed Document) (Attachments:
# 1 Appendix A - Materials Considered, Reviewed, or Relied Upon in Reply Declaration)
(Gregor, Jennifer) Modified on 6/23/2017. (lak) (Entered: 06/22/2017)

06/22/2017

140 Declaration of Hal J. Singer filed by Plaintiff Authenticom, Inc. in Reply re: 51 Motion for
Preliminary Injunction. (Sealed Document) (Gregor, Jennifer) (Entered: 06/22/2017)

06/22/2017

141 Supplemental Declaration of Wayne Fitkin filed by Plaintiff Authenticom, Inc. re: 51 Motion
for Preliminary Injunction. (Gregor, Jennifer) (Entered: 06/22/2017)

06/22/2017

142 Declaration of Paul Whitworth filed by Plaintiff Authenticom, Inc. re: 51 Motion for
Preliminary Injunction. (Gregor, Jennifer) (Entered: 06/22/2017)

06/22/2017

143 Declaration of Steve Cottrell filed by Plaintiff Authenticom, Inc. in Reply re: 51 Motion for
Preliminary Injunction. (Gregor, Jennifer) (Entered: 06/22/2017)

06/22/2017

144 Rebuttal Expert Report of Gordon Klein by Plaintiff Authenticom, Inc., (Sealed Document)
(Attachments:
# 1 Exhibit A - Worksheet,
# 2 Exhibit B - Materials Relied Upon) (Gregor, Jennifer) (Entered: 06/22/2017)

06/22/2017

145 Response to Additional Proposed Findings of Fact filed by Plaintiff Authenticom, Inc. re: 51
Motion for Preliminary Injunction. (Sealed Document) (Hancock, Mark) Modified on

6/23/2017. (lak) (Entered: 06/22/2017)
06/22/2017

146 Reply in Support of Proposed Findings of Fact filed by Plaintiff Authenticom, Inc. re: 51
Motion for Preliminary Injunction. (Sealed Document) (Hancock, Mark) (Entered: 06/22/2017)

06/22/2017

147 Declaration of Michael N. Nemelka filed by Plaintiff Authenticom, Inc. re: 51 Motion for
Preliminary Injunction, (Sealed Document) (Attachments:
# 1 Exhibit 73 - Joint Press Release, CDK Global to Acquire Auto/Mate Dealership Systems
(5/24/17),
# 2 Exhibit 74 - Vince Bond Jr., Q&A: John Hickey - Good Communication Can Ease a DMS
Switch (5/29/17),
# 3 Exhibit 75 - Automatic Data Processing Inc., Press Release (2/2/07),
# 4 Exhibit 76 - Authenticom, Vendor Agreement (1/30/17),
# 5 Exhibit 77 - Authenticom, Inc., and Argo Pro, Insurance Contract Binder (4/1/17),
# 6 Exhibit 78 - Authenticom, Inc., and Admiral Insurance Company, Binder Confirmation
(4/1/17),
# 7 Exhibit 79 - Authenticom, Inc., and Chubb, Confirmation of Binding (4/1/17),
# 8 Exhibit 80 - Authenticom, Inc., and National Union Fire Insurance Company of Pittsburgh,
PA, Insurance Policy (4/1/16),
# 9 Exhibit 81 - Authenticom, Inc., and XL Select Professional, Insurance Policy (4/25/16),
# 10 Exhibit 82 - Authenticom, Inc., and Ironshore Insurance Services LLC, Insurance Policy
(6/10/16),
# 11 Exhibit 83 - Authenticom Inc, and Navigators Specialty Insurance Company, Insurance
Policy (2/19/16),
# 12 Exhibit 84 - DealerVault, DealerVault Supported Features,
# 13 Exhibit 85 - Email Chain ending with Email from Hellyer to Wiersgalla (2/27/14),
# 14 Exhibit 86 - Email Chain ending with Email from Hellyer to Wiersgalla (1/9/14),
# 15 Exhibit 87 - Blank,
# 16 Exhibit 88 - Email Chain ending with Email from Cottrell to Tryfon (12/2/10),
# 17 Exhibit 89 - Email from Wiersgalla to Hellyer (3/13/14),
# 18 Exhibit 90 - Webpage, Microsoft, Partner Membership Center,
# 19 Exhibit 91 - Webpage, Open Secure Access, Members (10/29/08),
# 20 Exhibit 92 - Email Chain ending with Email from Hellyer to Wiersgalla (1/8/14),
# 21 Exhibit 93 - Email Chain ending with Email from Hellyer to Wiersgalla (2/25/14),
# 22 Exhibit 94 - Email Chain ending with Email from Hellyer to Wiersgalla (12/31/13),
# 23 Exhibit 95 - Email Chain ending with Email from Hellyer to Morin (1/13/14),
# 24 Exhibit 96 - Automotive Information Sharing and Analysis Center, Frequently Asked
Questions,
# 25 Exhibit 97 - Authenticom, Inc., Reynolds and Reynolds Co. Vendor Active Dealer Counts
(June 2017),
# 26 Exhibit 98 - Webpage (ICS-Alert-12-034-01) - SSH Scanning Activity Targets Control
Systems (last rev. 2/13/17),
# 27 Exhibit 99 - DealerVault and AVRS, DealerVault Agreement (12/12/14),
# 28 Exhibit 100 - Congressman Ron Kind, Twitter Post (6/22/17),
# 29 Exhibit 101 - Congressman Ron Kind, Facebook Post (6/22/17)) (Gregor, Jennifer)
Modified on 6/26/2017. (lak) (Entered: 06/22/2017)

06/23/2017

148 Redaction to 139 Reply Declaration of Peter Swire by Plaintiff Authenticom, Inc.,
(Attachments:
# 1 Appendix A - Materials Considered, Reviewed, or Relied Upon in Reply Declaration)
(Gregor, Jennifer) Modified on 6/26/2017. (lak) (Entered: 06/23/2017)

06/23/2017

149 Redaction to 140 Reply Declaration of Hal J. Singer by Plaintiff Authenticom, Inc. (Gregor,
Jennifer) Modified on 6/26/2017. (lak) (Entered: 06/23/2017)

06/23/2017

150 Redaction to 138 Brief in Reply by Plaintiff Authenticom, Inc., (Attachments:
# 1 Exhibit - Glossary of Terms) (Gregor, Jennifer) Modified on 6/26/2017. (lak) (Entered:
06/23/2017)

06/23/2017

151 Redaction to 147 Declaration of Michael N. Nemelka in Support of Reply in Support of Its
Motion for a Preliminary Injunction by Plaintiff Authenticom, Inc., (Attachments:
# 1 Exhibit 73 - Joint Press Release, CDK Global to Acquire Auto/Mate Dealership Systems
(5/24/17),
# 2 Exhibit 74 - Vince Bond Jr., Q&A: John Hickey - Good Communication Can Ease a DMS
Switch (5/29/17),
# 3 Exhibit 75 - Automatic Data Processing Inc., Press Release (2/2/07),
# 4 Exhibit 76 - Authenticom, Vendor Agreement (1/30/17),
# 5 Exhibit 77 - Authenticom, Inc., and Argo Pro, Insurance Contract Binder (4/1/17),
# 6 Exhibit 78 - Authenticom, Inc., and Admiral Insurance Company, Binder Confirmation
(4/1/17),
# 7 Exhibit 79 - Authenticom, Inc., and Chubb, Confirmation of Binding (4/1/17),
# 8 Exhibit 80 - Authenticom, Inc., and National Union Fire Insurance Company of Pittsburgh,
PA, Insurance Policy (4/1/16),
# 9 Exhibit 81 - Authenticom, Inc., and XL Select Professional, Insurance Policy (4/25/16),
# 10 Exhibit 82 - Authenticom, Inc., and Ironshore Insurance Services LLC, Insurance Policy
(6/10/16),
# 11 Exhibit 83 - Authenticom Inc, and Navigators Specialty Insurance Company, Insurance
Policy (2/19/16),
# 12 Exhibit 84 - DealerVault, DealerVault Supported Features,
# 13 Exhibit 85 - Filed Under Seal,
# 14 Exhibit 86 - Email Chain ending with Email from Hellyer to Wiersgalla (1/9/14),
# 15 Exhibit 87 - Blank,
# 16 Exhibit 88 - Email Chain ending with Email from Cottrell to Tryfon (12/2/10),
# 17 Exhibit 89 - Filed Under Seal,
# 18 Exhibit 90 - Webpage, Microsoft, Partner Membership Center,
# 19 Exhibit 91 - Webpage, Open Secure Access, Members (10/29/08),
# 20 Exhibit 92 - Email Chain ending with Email from Hellyer to Wiersgalla (1/8/14),
# 21 Exhibit 93 - Filed Under Seal,
# 22 Exhibit 94 - Email Chain ending with Email from Hellyer to Wiersgalla (12/31/13),
# 23 Exhibit 95 - Email Chain ending with Email from Hellyer to Morin (1/13/14),
# 24 Exhibit 96 - Automotive Information Sharing and Analysis Center, Frequently Asked
Questions,
# 25 Exhibit 97 - Filed Under Seal,
# 26 Exhibit 98 - Webpage (ICS-Alert-12-034-01) - SSH Scanning Activity Targets Control
Systems (last rev. 2/13/17),
# 27 Exhibit 99 - DealerVault and AVRS, DealerVault Agreement (12/12/14),
# 28 Exhibit 100 - Congressman Ron Kind, Twitter Post (6/22/17),
# 29 Exhibit 101 - Congressman Ron Kind, Facebook Post (6/22/17)) (Gregor, Jennifer)
Modified on 6/23/2017. (lak) (Entered: 06/23/2017)

06/23/2017

152 ** TEXT ONLY ORDER **
Discovery is conducted between the parties without court involvement, and in that process a
great deal of material gets designated as "confidential." That's fine for discovery. But if a
document is presented as a basis for the court's decision, then the exhibit is presumptively
public--subject to reasonable and limited exceptions for documents that would actually cause
significant damage if disclosed. The court will not ask the parties to undertake the burden of
redacting all the documents that might have been designated as confidential during discovery.
If, at the hearing, a particularly sensitive document is needed, then the court will allow the

document to be shown to the court without displaying it on the larger screens in the courtroom.
The burden will be on the party seeking to maintain confidentiality to make a case for it. The
court expects the parties to cooperate in identifying such documents in advance of the hearing.
No telephonic conference is needed. Signed by District Judge James D. Peterson on 06/23/2017.
(ejt) (Entered: 06/23/2017)
06/23/2017

153 Redaction to 146 Reply in Support of Proposed Findings of Fact by Plaintiff Authenticom, Inc.
(Gregor, Jennifer) (Entered: 06/23/2017)

06/23/2017

154 Redaction to 145 Response to Additional Proposed Findings of Fact by Plaintiff Authenticom,
Inc. (Gregor, Jennifer) (Entered: 06/23/2017)

06/25/2017

155 Notice by Defendants CDK Global, LLC, The Reynolds and Reynolds Company re: 129
Declaration. Notice of Filing Curriculum Vitae of Eric Rosenbach. (Attachments:
# 1 Exhibit - Eric Rosenbach Curriculum Vitae) (Simmons, Jeffrey) Modified on 6/26/2017.
(lak) (Entered: 06/25/2017)

06/26/2017

Set/Reset. Evidentiary Hearing set for 6/27/2017 at 08:00 AM. (voc) (Entered: 06/26/2017)

06/26/2017

156 Supplemental Declaration of Paul Whitworth filed by Plaintiff Authenticom, Inc. re: 51 Motion
for Preliminary Injunction. (Sealed Document) (Gregor, Jennifer) (Entered: 06/26/2017)

06/26/2017

157 Witness List. Hearing Witness List served on June 23, 2017 by Plaintiff Authenticom, Inc.
(Gregor, Jennifer) Modified on 6/27/2017. (lak) (Entered: 06/26/2017)

06/27/2017

158 Notice by Plaintiff Authenticom, Inc. of Filing Amended Exhibit List, (Attachments:
# 1 Exhibit - Authenticom Hearing Exhibit List - Amended) (Gregor, Jennifer) Modified on
6/27/2017. (lak) (Entered: 06/27/2017)

06/27/2017

159 Minute Entry for proceedings held before District Judge James D. Peterson: Evidentiary
Hearing held on 6/26/2017 [7:43] (Court Reporter JD/LS.) (voc) (Entered: 06/27/2017)

06/27/2017

Set/Reset Hearings: Evidentiary Hearing set for 6/28/2017 at 08:00 AM. (voc) (Entered:
06/27/2017)

06/28/2017

160 Minute Entry for proceedings held before District Judge James D. Peterson: Second Day
Evidentiary Hearing held on 6/27/2017 [11:05] (Court Reporter JD/LS.) (voc) (Entered:
06/28/2017)

06/28/2017

161 Minute Entry for proceedings held before District Judge James D. Peterson: Third Day
Evidentiary Hearing held on 6/28/2017 [2:52] (Court Reporter JD.) (voc) (Entered: 06/28/2017)

07/05/2017

162 Transcript of First Day of Evidentiary Hearing, Afternoon Session, held 6/26/2017 before Judge
James D. Peterson. Court Reporter: LS.
Please review the court's new policy regarding electronic transcripts of court proceedings: see
Electronic Transcript Instructions. (voc) (Entered: 07/05/2017)

07/05/2017

163 Transcript of Second Day of Evidentiary Hearing , Afternoon Session, held 6/27/2017 before
Judge James D. Peterson. Court Reporter: LS.
Please review the court's new policy regarding electronic transcripts of court proceedings: see
Electronic Transcript Instructions. (voc) (Entered: 07/05/2017)

07/05/2017

164 Transcript of First Day of Evidentiary Hearing (Morning Session), held 6/26/2017 before
District Judge James D. Peterson. Court Reporter: JD.
Please review the court's new policy regarding electronic transcripts of court proceedings: see
Electronic Transcript Instructions. (kwf) (Entered: 07/05/2017)

07/05/2017

165 Transcript of Second Day of Evidentiary Hearing (Morning Session), held 6/27/2017 before
District Judge James D. Peterson. Court Reporter: JD.
Please review the court's new policy regarding electronic transcripts of court proceedings: see
Electronic Transcript Instructions. (kwf) (Entered: 07/05/2017)

07/05/2017

166 Transcript of Third Day of Evidentiary Hearing, held 6/28/2017 before District Judge James D.
Peterson. Court Reporter: JD.
Please review the court's new policy regarding electronic transcripts of court proceedings: see
Electronic Transcript Instructions. (kwf) (Entered: 07/05/2017)

07/05/2017

167 Unopposed Motion for Extension of Time to File Answer or Move to Dismiss Plaintiff's
Complaint by Defendants CDK Global, LLC, The Reynolds and Reynolds Company. Motions
referred to Magistrate Judge Stephen L. Crocker. (Ross, Brian) (Entered: 07/05/2017)

07/05/2017

168 Motion to Admit Preliminary Injunction Hearing Exhibits by Defendants CDK Global, LLC,
The Reynolds and Reynolds Company. Response due 7/12/2017. (Attachments:
# 1 Exhibit - Defendants Exhibit List) (Ross, Brian) (Entered: 07/05/2017)

07/06/2017

Reset Briefing Deadlines as to 168 Motion to Admit Preliminary Injunction Hearing Exhibits.
Response due 7/6/2017. (kwf/ejt) (Entered: 07/06/2017)

07/06/2017

169 ** TEXT ONLY ORDER **
ORDER granting 167 Motion for Extension of Time to Answer or Move to Dismiss Plaintiff's
Complaint. CDK Global, LLC answer due 7/21/2017; The Reynolds and Reynolds Company
answer due 7/21/2017. Signed by District Judge James D. Peterson on 7/6/2017. (kwf)
(Entered: 07/06/2017)

07/06/2017

170 Authenticom's Combined Renewed Motion to Admit Preliminary Injunction Hearing Exhibits
and Response to Defendants' Motion to Admit Hearing Exhibits re: 168 Motion to Admit
Preliminary Injunction Hearing Exhibits by Plaintiff Authenticom, Inc. Response due
7/13/2017. (Gregor, Jennifer) Modified on 7/6/2017. (lak) (Entered: 07/06/2017)

07/06/2017

Reset Briefing Deadlines as to 170 Renewed Motion to Admit Preliminary Injunction Hearing
Exhibits. Response due 7/6/2017. (kwf/ejt) (Entered: 07/06/2017)

07/06/2017

171 Brief in Opposition by Defendants CDK Global, LLC, The Reynolds and Reynolds Company
re: 170 Authenticom's Renewed Motion to Admit Preliminary Injunction Hearing Exhibits,
filed by Authenticom, Inc. (Ross, Brian) Modified on 7/7/2017. (lak) (Entered: 07/06/2017)

07/14/2017

172 OPINION & ORDER granting 51 Motion for Preliminary Injunction; granting 168 Motion to
Admit Preliminary Injunction Hearing Exhibits; granting in part and denying in part 170
Motion to Admit Preliminary Injunction Hearing Exhibits. The parties will work together to
craft the form of the injunction. The parties are ordered to confer and to submit an agreed
proposed form of injunction to the court by July 21, 2017. If the parties cannot agree on all
terms of the injunction, they should set out their competing proposals in the document. Signed
by District Judge James D. Peterson on 7/14/2017. (kwf) (Entered: 07/14/2017)

07/21/2017

173 Notice of Appearance filed by Kathleen Ann Stetsko for Defendant The Reynolds and Reynolds
Company. (Stetsko, Kathleen) (Entered: 07/21/2017)

07/21/2017

174 Disregard. See 175 , 176 and 185 . (Sealed Document) Modified on 7/24/2017. (lak) (Entered:
07/21/2017)

07/21/2017

175 MOTION TO DISMISS Plaintiff Authenticom, Inc.'s Original Complaint by Defendant The
Reynolds and Reynolds Company. Brief in Opposition due 8/11/2017. Brief in Reply due
8/21/2017. (Gulley, Aundrea) Modified on 7/24/2017. (lak) (Entered: 07/21/2017)

07/21/2017

176 Brief in Support of 175 Motion to Dismiss Plaintiff Authenticom, Inc.'s Original Complaint by
Defendant The Reynolds and Reynolds Company. (Gulley, Aundrea) (Entered: 07/21/2017)

07/21/2017

177 Disregard. To be refiled. Modified on 7/24/2017. (lak) (Entered: 07/21/2017)

07/21/2017

178 Brief in Support of 187 Motion to Dismiss by Defendant CDK Global, LLC, (Sealed
Document) (Attachments:
# 1 Exhibit 1 - Data Exchange Agreement,
# 2 Exhibit 2 - 3PA Agreement,
# 3 Exhibit 3 - Reynolds Interface Agreement - Part 1,
# 4 Exhibit 3 - Reynolds Interface Agreement - Part 2) (Simmons, Jeffrey) Modified on
7/23/2017: Linked to the pending motion. (lak) (Entered: 07/21/2017)

07/21/2017

179 Notice by Plaintiff Authenticom, Inc. re: 172 Order on Motion for Preliminary Injunction.
(Plaintiff's Proposed Order), (Attachments:
# 1 Exhibit A - Proposed Dealer Authorization Form) (Gregor, Jennifer) Modified on
7/23/2017. (lak) (Entered: 07/21/2017)

07/21/2017

180 COUNTERCLAIM against Authenticom, Inc., filed by The Reynolds and Reynolds Company.
(Gulley, Aundrea) (Entered: 07/21/2017)

07/21/2017

181 Notice by Defendant The Reynolds and Reynolds Company re: 172 Order on Motion for
Preliminary Injunction. (Submission Regarding Form of Injunction and Proposed Form),
(Sealed Document) (Attachments:
# 1 Exhibit - Supplemental Schaefer Declaration) (Gulley, Aundrea) Modified on 7/23/2017:
Declaration not filed as a separate docket entry. (lak) (Entered: 07/21/2017)

07/21/2017

182 Response re: 172 Order on Motion for Preliminary Injunction, (Brief in Support of Proposed
Injunction Order), by Plaintiff Authenticom, Inc. (Gregor, Jennifer) Modified on 7/23/2017.
(lak) (Entered: 07/21/2017)

07/21/2017

183 Response re: 172 Order on Motion for Preliminary Injunction, (Statement in Support of
Proposed Form of Order), by Defendant CDK Global, LLC. (Attachments:
# 1 Exhibit A - Proposed Form of Order) (Ryan, Mark) Modified on 7/23/2017. (lak) (Entered:
07/21/2017)

07/22/2017

184 Redaction to 178 Brief in Support, by Defendant CDK Global, LLC (Attachments:
# 1 Exhibits - Filed Under Seal) (Ryan, Mark) Modified on 7/23/2017. (lak) (Entered:
07/22/2017)

07/24/2017

185 Declaration of Brice Wilkinson filed by Defendant The Reynolds and Reynolds Company re:
175 Motion to Dismiss, (Sealed Document) (Attachments:
# 1 Exhibit 1 - Master Agreement,
# 2 Exhibit 2 - Customer Guide,
# 3 Exhibit 3 - Reynolds Interface Agreement,
# 4 Exhibit 4 - Data Exchange Agreement,
# 5 Exhibit 5 - Plaintiff's Original Complaint) (Gulley, Aundrea) (Entered: 07/24/2017)

07/24/2017

186 Redaction to 185 Declaration of Brice Wilkinson by Defendant The Reynolds and Reynolds
Company, (Attachments:
# 1 Exhibit 1 - Master Agreement,
# 2 Exhibit 2 - Customer Guide,
# 3 Exhibit 3 - Reynolds Interface Agreement,
# 4 Exhibit 4 - Data Exchange Agreement,
# 5 Exhibit 5 - Plaintiff's Original Complaint) (Gulley, Aundrea) (Entered: 07/24/2017)

07/24/2017

187 MOTION TO DISMISS by Defendant CDK Global, LLC. Brief in Opposition due 8/14/2017.
Brief in Reply due 8/24/2017. (Simmons, Jeffrey) (Entered: 07/24/2017)

07/24/2017

Reset Briefing Deadlines as to 187 MOTION TO DISMISS. Brief in Opposition due 8/11/2017.
Brief in Reply due 8/21/2017. (kwf) (Entered: 07/24/2017)

07/24/2017

Proposed Form of Preliminary Injunction. (kwf) (Entered: 07/24/2017)

07/24/2017

188 Motion to Strike 181 Notice (Other), the Supplemental Declaration of Robert Schaefer (Sealed
Document) by Plaintiff Authenticom, Inc. Brief in Opposition due 8/7/2017. Brief in Reply due
8/14/2017. (Gregor, Jennifer) Modified on 7/25/2017. (lak) (Entered: 07/24/2017)

07/25/2017

Reset Briefing Deadlines as to 188 Motion to Strike 181 Notice (Other), the Supplemental
Declaration of Robert Schaefer. Brief in Opposition due 7/31/2017. No Reply. (kwf/ejt)
(Entered: 07/25/2017)

07/25/2017

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 8/24/2017 at 2:00 PM
before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the
call to chambers at [phone]. [Standing Order Governing Preliminary Pretrial Conference
attached] (kwf) (Entered: 07/25/2017)

07/26/2017

189 Redaction to 188 Motion to Strike (Sealed Document) by Plaintiff Authenticom, Inc. (Gregor,
Jennifer) Modified on 7/27/2017. (lak) (Entered: 07/26/2017)

07/26/2017

190 Motion for Summary Denial of Defendants' Motions to Dismiss and to Dismiss or Strike
Reynolds' Counterclaims as Improper, or, in the Alternative, for an Extension of Time re: 187
MOTION TO DISMISS , 180 Counterclaim, 175 MOTION TO DISMISS Plaintiff
Authenticom, Inc.'s Original Complaint by Plaintiff Authenticom, Inc. Response due 8/2/2017.
(Gregor, Jennifer) (Entered: 07/26/2017)

07/27/2017

Reset Briefing Deadlines as to 190 Motion for Summary Denial of Defendants' Motions to
Dismiss and to Dismiss or Strike Reynolds' Counterclaims as Improper, or, in the Alternative,
for an Extension of Time re: 187 MOTION TO DISMISS, 180 Counterclaim, 175 MOTION
TO DISMISS Plaintiff Authenticom, Inc.'s Original Complaint. Brief in Opposition due by
noon on 7/31/2017. No Reply. (kwf/ejt) (Entered: 07/27/2017)

07/28/2017

191 OPINION Regarding Preliminary Injunction. Signed by District Judge James D. Peterson on
7/28/2017. (kwf) (Entered: 07/28/2017)

07/28/2017

192 PRELIMINARY INJUNCTION Against Reynolds. Signed by District Judge James D. Peterson
on 7/28/2017. (kwf) (Entered: 07/28/2017)

07/28/2017

193 PRELIMINARY INJUNCTION Against CDK Global, LLC. Signed by District Judge James D.
Peterson on 7/28/2017. (kwf) (Entered: 07/28/2017)

07/28/2017

194 NOTICE OF APPEAL by Defendant CDK Global, LLC as to 193 Preliminary Injunction.
Filing fee of $ 505, receipt number 0758-2076569 paid. Docketing Statement filed.
(Attachments:
# 1 Docketing Statement) (Ryan, Mark) (Entered: 07/28/2017)

07/28/2017

195 Designation of Record on Appeal by Defendant CDK Global, LLC re: 194 Notice of Appeal.
(Ryan, Mark) (Entered: 07/28/2017)

07/28/2017

196 NOTICE OF APPEAL - INTERLOCUTORY by Defendant The Reynolds and Reynolds
Company as to 191 Order, 172 Order on Motion for Preliminary Injunction, 192 Preliminary
Injunction. Filing fee of $ 505, receipt number 0758-2076554 paid. Docketing Statement filed.
(Attachments:
# 1 Docketing Statement) (Gulley, Aundrea) (Entered: 07/28/2017)

07/31/2017

197 Appeal Information Packet. (lak) (Entered: 07/31/2017)