Smarter Agent, LLC v. Redfin Corporation
| Smarter Agent, LLC |
| Redfin Corporation |
| 3:2022cv04250 |
| July 22, 2022 |
| US District Court for the Northern District of California |
| San Jose Office |
| Nathanael M Cousins |
| William H Orrick |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on October 28, 2022. A more recent docket listing may be available from PACER.
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Filing 63
Certificate of Interested Entities by Smarter Agent, LLC identifying Other Affiliate Arnold Katz, Other Affiliate David Lerman, Other Affiliate Michael Carter, Other Affiliate Pat Croce, Other Affiliate Bob Turner, Other Affiliate Michael Kirschner, Other Affiliate Brad Blumberg, Other Affiliate Eric Blumberg, Other Affiliate Ira Lubert, Other Affiliate Germantown Ventures, LP, Other Affiliate Martin Enterprises/Syzygy Enterprises II, LP, Other Affiliate Galen Dreibelbis, Other Affiliate E & M Sidewater Associates II LP, Other Affiliate Diena Seeger, Other Affiliate FB Capital Partners, LP, Other Affiliate Glen Segal, Other Affiliate Alex Wasilov, Other Affiliate Vestal Venture Capital, Other Affiliate Mark Toniatti, Other Affiliate Samuel Sidewater Trust, Other Affiliate Art Nagle, Other Affiliate Kirschner Bros Profit Sharing Trust, Other Affiliate Matthew Garfield, Other Affiliate Howard Lubert, Other Affiliate Pete Musser, Other Affiliate Nancy Sidewater Trust, Other Affiliate Jeffrey Dunne, Other Affiliate George P Hubley, Other Affiliate E&M Sidewater Associates I, Other Affiliate Frederick Kirschner, Other Affiliate Jacqueline Needleman, Other Affiliate Deborah Needleman, Other Affiliate Judith Goodman, Other Affiliate FSAKH Investors, General Partnership, Other Affiliate Mark Brito, Other Affiliate Gillian Timon, Other Affiliate Peter Linneman, Other Affiliate Howard Shecter, Other Affiliate Lenoard A Reinhart, Other Affiliate Bruce Lesser, Other Affiliate Blumberg Asset Management, Other Affiliate Kevin Soder, Other Affiliate Joe Travagline, Other Affiliate Nancy Robinson, Other Affiliate Joe Donovan, Other Affiliate F. B. Brake, Other Affiliate Kenneth A Fox, Other Affiliate Lawrence R. Lesser, Other Affiliate Ben Franklin Technology Partners, Other Affiliate Toler Law Group P.C., Other Affiliate William Robinson, Other Affiliate Michael Robinson for Smarter Agent, LLC. (Holohan, Matthew) (Filed on 8/24/2022)
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Filing 62
NOTICE by Redfin Corporation of Withdrawal of Counsel (Byer, Benjamin) (Filed on 8/17/2022)
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Filing 61
Certificate of Interested Entities by Redfin Corporation (Byer, Benjamin) (Filed on 8/16/2022)
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Filing 60
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Byer, Benjamin) (Filed on 8/16/2022)
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Filing 59
Order by Judge William H. Orrick granting #56 Motion for Pro Hac Vice by Warren Rheaume. (jmd, COURT STAFF) (Filed on 8/16/2022)
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Filing 58
Order by Judge William H. Orrick granting #55 Motion for Pro Hac Vice by Jennifer K. Chung. (jmd, COURT STAFF) (Filed on 8/16/2022)
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Filing 57
Order by Judge William H. Orrick granting #54 Motion for Pro Hac Vice by Benjamin J. Byer. (jmd, COURT STAFF) (Filed on 8/16/2022) Modified on 8/16/2022 (slh, COURT STAFF).
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Filing 56
MOTION for leave to appear in Pro Hac Vice (Filing fee $ 317, receipt number ACANDC-17444268) filed by Redfin Corporation. (Rheaume, Warren) (Filed on 8/15/2022)
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Filing 55
MOTION for leave to appear in Pro Hac Vice (Filing fee $ 317, receipt number ACANDC-17441819) filed by Redfin Corporation. (Chung, Jennifer) (Filed on 8/15/2022)
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Filing 54
MOTION for leave to appear in Pro Hac Vice (Filing fee $ 317, receipt number ACANDC-17441190) filed by Redfin Corporation. (Byer, Benjamin) (Filed on 8/15/2022)
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Filing 53
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Holohan, Matthew) (Filed on 8/5/2022)
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Filing 52
CERTIFICATE OF SERVICE by Smarter Agent, LLC of the Case Management Conference Order (Lewis, Matthew) (Filed on 8/4/2022)
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Filing 51
NOTICE of Appearance by Matthew Crawford Lewis on behalf of Smarter Agent, LLC (Lewis, Matthew) (Filed on 8/4/2022)
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Filing 50
CASE MANAGEMENT CONFERENCE ORDER: Case Management Conference set for 11/8/2022 02:00 PM via Videoconference. Case Management Statement due by 11/1/2022. This proceeding will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by t elephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (jmd, COURT STAFF) (Filed on 8/3/2022)
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Filing 49
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins no longer assigned to case. Reassignment Order signed by Clerk Clerk on 8/3/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 8/3/2022)
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Filing 48
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 8/2/2022)
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Filing 47
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Smarter Agent, LLC.. (Holohan, Matthew) (Filed on 8/1/2022)
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Filing 46
CLERK'S NOTICE ADVANCING Initial Case Management Conference to 8/31/2022, at 10:00 AM by telephone. Case Management Statement due by 8/24/2022. All parties are requested to file a consent or declination to proceed before a magistrate judge by 8/24/2022. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 7/25/2022)
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Filing 45
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/19/2022. Initial Case Management Conference set for 10/26/2022 10:00 AM in San Jose, Courtroom 4, 5th Floor. (slh, COURT STAFF) (Filed on 7/22/2022)
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Filing 44
Case transferred in from District of Texas Western; Case Number 6:21-cv-01172. Original file certified copy of transfer order and docket sheet received.
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Filing 43
ORDER GRANTING #25 Motion to Transfer Case. Signed by Judge Alan D Albright. (zv)
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Filing 42
STIPULATION to Amend Scheduling Order Deadlines by Redfin Corporation. (Byer, Benjamin)
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Filing 41
STATUS REPORT re #25 Motion to Transfer by Redfin Corporation. (Byer, Benjamin)
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Filing 40
REPLY to Response to Motion, filed by Redfin Corporation, re #25 MOTION to Transfer Case filed by Defendant Redfin Corporation (Attachments: #1 Second Declaration of Benjamin J. Byer, #2 Exhibit 1 - Preliminary Invalidity Contentions, #3 Exhibit 2 - Google Map printout, #4 Exhibit 3 - Flower Mound, TX city map, #5 Exhibit 4 - excerpts of court statistics, #6 Exhibit 5 - case)(Byer, Benjamin)
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Filing 39
Sealed Document: Exhibit Nos. 7-9 of #38 Response in Opposition to Motion, by Smarter Agent, LLC (Attachments: #1 Exhibit 7, #2 Exhibit 8, #3 Exhibit 9) (Holohan, Matthew)
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Filing 38
Response in Opposition to Motion, filed by Smarter Agent, LLC, re #25 MOTION to Transfer Case filed by Defendant Redfin Corporation (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Holohan, Matthew)
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Filing 37
Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright.
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Filing 36
SCHEDULING ORDER: Markman Hearing set for 9/2/2022 09:00 AM before Judge Alan D Albright. Joinder of Parties due by 10/14/2022. Amended Pleadings due by 12/23/2022. Dispositive Motions due by 6/9/2023. Final Pretrial Conference set for 8/11/2023 before Judge Alan D Albright. Jury Selection set for 9/1/2023 before Judge Jeffrey C. Manske. Jury Trial set for 9/1/2023 09:00 AM before Judge Alan D Albright. Motions terminated: #35 Joint MOTION for Entry of Scheduling Order Deadlines filed by Smarter Agent, LLC. Signed by Judge Alan D Albright. (zv)
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Filing 35
Joint MOTION for Entry of Scheduling Order Deadlines by Smarter Agent, LLC. (Attachments: #1 Proposed Order - Scheduling Order)(Holohan, Matthew)
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Filing 34
NOTICE of Venue Discovery by Smarter Agent, LLC re #25 MOTION to Transfer Case , #27 Attachment (Fitch, Patrick)
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Filing 33
REPLY to Response to Motion, filed by Redfin Corporation, re #26 MOTION to Stay Case Pending Resolution of Motion to Transfer filed by Defendant Redfin Corporation (Byer, Benjamin)
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Filing 32
ANSWER to #24 Answer to Complaint, Counterclaim by Smarter Agent, LLC.(Fitch, Patrick)
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Parties shall comply with Judge Albright's updated #standing orders and # COVID-19 standing order available by clicking the included hyperlinks. The updated orders are as follows:1. #Standing Order Regarding Notice of Readiness for Patent Cases 030722,2. #Standing Order on Pretrial Procedures and Requirements in Civil Cases 030722,3. #Standing Order Governing Proceedings 4.0 - Patent Cases 030722,4. #Amended Standing Order Regarding Coronavirus (COVID-19) and Court Proceedings,5. #Amended Standing Order Regarding Joint Or Unopposed Request To Change Deadlines 030722,6. #Amended Standing Order Regarding Filing Documents Under Seal and Redacted Public Versions 030722. (jkda)
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Filing 31
Response in Opposition to Motion, filed by Smarter Agent, LLC, re #26 MOTION to Stay Case Pending Resolution of Motion to Transfer filed by Defendant Redfin Corporation (Holohan, Matthew)
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Filing 30
RULE 7 DISCLOSURE STATEMENT filed by Redfin Corporation. (Byer, Benjamin)
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Filing 29
STATUS REPORT for Case Readiness by Smarter Agent, LLC. (Smith, Michael)
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Filing 28
ATTACHMENT Proposed Order to #26 MOTION to Stay Case Pending Resolution of Motion to Transfer by Redfin Corporation. (Byer, Benjamin)
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Filing 27
ATTACHMENT Proposed Order to #25 MOTION to Transfer Case by Redfin Corporation. (Byer, Benjamin)
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DEFICIENCY NOTICE: re #25 MOTION to Transfer Case . Per Standing Order, Proposed Orders cannot have the word "Proposed" in the title of the Order. Please refile Order only using event attachment and link to the Motion. Thank you. (zv)
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DEFICIENCY NOTICE: re #26 MOTION to Stay Case Pending Resolution of Motion to Transfer. Per Standing Order, Proposed Orders cannot have the word "Proposed" in the title of the Order. Please refile Order only using event attachment and link to the Motion. Thank you. (zv)
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Filing 26
MOTION to Stay Case Pending Resolution of Motion to Transfer by Redfin Corporation. (Attachments: #1 Proposed Order)(Byer, Benjamin)
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Filing 25
MOTION to Transfer Case by Redfin Corporation. (Attachments: #1 Declaration of Jennifer Chao, #2 Declaration of Benjamin J. Byer, #3 Exhibit 1 - LinkedIn profile Brad Blumberg, #4 Exhibit 2 - LinkedIn profile Eric Blumberg, #5 Exhibit 3 - webpage, #6 Exhibit 4 - webpage, #7 Exhibit 5 - CoreLogic article, #8 Exhibit 6 - Keller Williams article, #9 Exhibit 7 - John Moring declaration, #10 Exhibit 8 - LinkedIn profile John Moring, #11 Exhibit 9 - webpage, #12 Exhibit 10 - job listing, #13 Exhibit 11 - job listing, #14 Exhibit 12 - Bochun Zhang declaration, #15 Exhibit 13 - Apple webpage, #16 Exhibit 14 - job listing, #17 Exhibit 15 - job listing, #18 Exhibit 16 - article, #19 Exhibit 17 - LinkedIn profile Joe Sipher, #20 Exhibit 18 - LinkedIn profile Rob Marianetti, #21 Exhibit 19 - Google Map, #22 Exhibit 20 - Google Map, #23 Exhibit 21 - flight information, #24 Exhibit 22 - flight information, #25 Exhibit 23 - flight information, #26 Exhibit 24 - flight information, #27 Exhibit 25 - court statistics, #28 Exhibit 26 - case, #29 Exhibit 27 - case, #30 Exhibit 28 - case, #31 Proposed Order)(Byer, Benjamin)
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Filing 24
ANSWER to #1 Complaint,, with Jury Demand , COUNTERCLAIM against Smarter Agent, LLC by Redfin Corporation.(Byer, Benjamin)
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Filing 23
ORDER GRANTING #22 Motion to Appear Pro Hac Vice for Attorney Warren J. Rheaume. Attorney added for Redfin Corporation. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (sjda) (Main Document 23 replaced on 1/25/2022) (sv).
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Filing 22
MOTION to Appear Pro Hac Vice by Darryl Adams on behalf of William J. Rheaume ( Filing fee $ 100 receipt number 0542-15606757) by on behalf of Redfin Corporation. (Adams, Darryl)
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Reset Deadlines: Redfin Corporation answer due 2/22/2022. (zv)
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Filing 21
NOTICE of Extension of Time to Move, Answer, or Otherwise Respond by Redfin Corporation (Byer, Benjamin)
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Filing 20
ORDER GRANTING #17 Motion to Appear Pro Hac Vice for Attorney Jennifer K. Chung for Redfin Corporation. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Alan D Albright. (ir)
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Filing 19
ORDER GRANTING #18 Motion to Appear Pro Hac Vice for Attorney Heming Xu. Attorney added for Redfin Corporation. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (sjda)
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Text Order GRANTING #16 Motion to Appear Pro Hac Vice for Attorney Benjamin J. Byer for Redfin Corporation. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ir)
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Filing 18
MOTION to Appear Pro Hac Vice by Darryl Adams on behalf of Heming Xu ( Filing fee $ 100 receipt number 0542-15534970) by on behalf of Redfin Corporation. (Adams, Darryl)
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Filing 17
MOTION to Appear Pro Hac Vice by Darryl Adams on behalf of Jennifer K. Chung ( Filing fee $ 100 receipt number 0542-15534910) by on behalf of Redfin Corporation. (Adams, Darryl)
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Filing 16
MOTION to Appear Pro Hac Vice by Darryl Adams on behalf of Benjamin J. Byer ( Filing fee $ 100 receipt number 0542-15529719) by on behalf of Redfin Corporation. (Adams, Darryl)
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Filing 15
NOTICE of Extension of Time to Answer or Otherwise Respond by Redfin Corporation (Adams, Darryl)
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Reset Deadlines: Redfin Corporation answer due 1/20/2022. (ir)
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Filing 14
ORDER GRANTING #10 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda)
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Filing 13
ORDER GRANTING #9 Motion to Appear Pro Hac Vice for Attorney Paul Sung Cha. Attorney added for Smarter Agent, LLC. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda)
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Filing 12
ORDER GRANTING #8 Motion to Appear Pro Hac Vice for Attorney Patrick A. Fitch. Attorney added for Smarter Agent, LLC. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda)
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Filing 11
ORDER GRANTING #7 Motion to Appear Pro Hac Vice for Attorney Matthew C. Holohan. Attorney added for Smarter Agent, LLC. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda)
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Filing 10
MOTION to Appear Pro Hac Vice by Michael Charles Smith for Robert R. Brunelli ( Filing fee $ 100 receipt number 0542-15451201) by on behalf of Smarter Agent, LLC. (Attachments: #1 Proposed Order)(Smith, Michael)
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Filing 9
MOTION to Appear Pro Hac Vice by Michael Charles Smith for Paul Sung Cha ( Filing fee $ 100 receipt number 0542-15451184) by on behalf of Smarter Agent, LLC. (Attachments: #1 Proposed Order)(Smith, Michael)
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Filing 8
MOTION to Appear Pro Hac Vice by Michael Charles Smith for Patrick A. Fitch ( Filing fee $ 100 receipt number 0542-15451162) by on behalf of Smarter Agent, LLC. (Attachments: #1 Proposed Order)(Smith, Michael)
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Filing 7
MOTION to Appear Pro Hac Vice by Michael Charles Smith for Matthew C. Holohan ( Filing fee $ 100 receipt number 0542-15451022) by on behalf of Smarter Agent, LLC. (Attachments: #1 Proposed Order)(Smith, Michael)
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Filing 6
SUMMONS Returned Executed by Smarter Agent, LLC. Redfin Corporation served on 11/15/2021, answer due 12/6/2021. (Smith, Michael)
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Filing 5
Summons Issued as to Redfin Corporation. (lad)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS by Smarter Agent, LLC. (Smith, Michael) (Main Document 4 replaced on 11/12/2021) (lad).
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Filing 3
RULE 7 DISCLOSURE STATEMENT filed by Smarter Agent, LLC. (Smith, Michael)
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Filing 2
Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Smith, Michael) (Main Document 2 replaced on 11/12/2021) (lad).
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Filing 1
COMPLAINT ( Filing fee $ 402 receipt number 0542-15434269), filed by Smarter Agent, LLC. (Attachments: #1 Civil Cover Sheet, #2 Supplement Declaration of Ryan Garlick, PH.D., #3 Exhibit Exhibit A to Declaration, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P)(Smith, Michael)
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All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad)
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Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad)
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