Esys Latin America, Inc. v. Automattic, Inc. Featured Case

Plaintiffs eSys Latin America, Inc. and eSys Technologies Pte. Ltd. alleged that Defendant Automattic, Inc. published false, libelous and defamatory statements in its WordPress blogs about the plaintiffs.

Plaintiff: Esys Latin America, Inc. and Esys Technologies Pte. Ltd.
Defendant: Automattic, Inc.
Case Number: 1:2010cv23291
Filed: September 13, 2010
Court: US District Court for the Southern District of Florida
Office: Miami Office
County: Miami-Dade
Presiding Judge: Marcia G. Cooke
Nature of Suit: Assault, Libel, and Slander
Cause of Action: 28 U.S.C. § 1391
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 5, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 29, 2011 Opinion or Order Filing 40 ORDER DISMISSING CASE. Signed by Judge Marcia G. Cooke on 7/29/2011. (tm)
July 14, 2011 Filing 39 Clerks Notice to Filer re 38 Notice of Striking. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (tp)
July 13, 2011 Filing 38 NOTICE of Striking 36 Notice by Esys Latin America, Inc. (Attachments: # 1 Exhibit)(Feldman, Bennett) Modified added link on 7/14/2011 (tp).
July 13, 2011 Filing 37 Clerks Notice to Filer re 36 Notice of Settlement. Document Unreadable/Incomplete Document; CORRECTIVE ACTION REQUIRED - Filer must file a Notice of Striking, then refile a legible copy of the document. (ls)
July 12, 2011 Filing 36 Stricken by DE 38 NOTICE of Settlement by Esys Latin America, Inc. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Feldman, Bennett) Modified on 7/14/2011 (tp).
May 19, 2011 Opinion or Order Filing 35 ORDER Scheduling Mediation. The Mediation conference in this matter shall be held with Brian F. Spector on September 14, 2011 at 10:00 a.m., at a location to be mutually agreed upon. This date shall not be rescheduled without leave of Court. Failure to comply with this Order may result in sanctions. Within ten days following the mediation conference, the Mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. Signed by Judge Marcia G. Cooke on 5/19/2011. (jbn)
May 13, 2011 Filing 34 NOTICE by Esys Latin America, Inc. of filing proposed order scheduling mediation (Attachments: # 1 Text of Proposed Order)(Feldman, Bennett)
May 10, 2011 Filing 33 Clerks Notice to Filer re 31 Response/Reply (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#32]. It is not necessary to refile this document. (ls)
May 9, 2011 Filing 32 ANSWER to Counterclaim by Esys Latin America, Inc., Esys Technologies Pte. Ltd..(ls)(See Image at DE # 31 )
May 9, 2011 Filing 31 RESPONSE/REPLY to 28 Answer to Complaint, Counterclaim by Esys Latin America, Inc., Esys Technologies Pte. Ltd.. (Feldman, Bennett)
April 1, 2011 Filing 30 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Orders 2010-145 and 2011-18 to Magistrate Judge William C. Turnoff. Magistrate Judge Ted E. Bandstra no longer assigned to case. (dm)
March 28, 2011 Opinion or Order Filing 29 SCHEDULING ORDER: ( Jury Trial set for 1/30/2012 09:30 AM in Miami Division before Judge Marcia G. Cooke., Calendar Call set for 1/25/2012 03:00 PM in Miami Division before Judge Marcia G. Cooke., Amended Pleadings due by 6/15/2011., Expert Discovery due by 10/27/2011., Fact Discovery due by 9/15/2011., Joinder of Parties due by 6/15/2011., Dispositive Motions due by 9/22/2011., Pretrial Stipulation due by 12/9/2011.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 11/10/2011.). Signed by Judge Marcia G. Cooke on 3/28/2011. (im)
February 15, 2011 Filing 28 ANSWER and Affirmative Defenses to Complaint, First COUNTERCLAIM against Esys Latin America, Inc., Esys Technologies Pte. Ltd. by Automattic, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(O'Donnell, Garry)
February 11, 2011 Filing 27 NOTICE of Change of Address by Garry William O'Donnell (O'Donnell, Garry)
January 31, 2011 Opinion or Order Filing 26 ORDER Granting Defendant's Motion for Extension of Time to Respond to Complaint D.E. 25 . Automattic, Inc. response due 2/15/2011. Signed by Magistrate Judge Ted E. Bandstra on 1/31/2011. (asl)
January 28, 2011 Filing 25 Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 1 Complaint by Automattic, Inc.. (Attachments: # 1 Text of Proposed Order)(O'Donnell, Garry) Modified on 1/31/2011 (ls).
January 25, 2011 Set/Reset Answer Due Deadline per Order at DE 21 : Automattic, Inc. response due 2/1/2011. (bb)
January 25, 2011 Filing 24 Corporate Disclosure Statement by Automattic, Inc. (O'Donnell, Garry)
January 25, 2011 Filing 23 SCHEDULING REPORT - Rule 16.1 by Automattic, Inc., Esys Latin America, Inc., Esys Technologies Pte. Ltd. (Attachments: # 1 Exhibit Attachment A - Pretrial Deadlines, Pretrial Conference and Trial Date, # 2 Exhibit B - Election to Jurisdiction by a United States Magistrate Judge for Final Disposition of Motions, # 3 Exhibit Joint Proposed Scheduling Order)(O'Donnell, Garry)
January 25, 2011 Opinion or Order Filing 22 ENDORSED ORDER denying 13 Plaintiff's Motion for Entry of Final Judgment for Permanent Injunction. The Clerk's default has been vacated. This case shall proceed on the merits. Signed by Judge Marcia G. Cooke on 1/25/2011. (jbn)
January 25, 2011 Opinion or Order Filing 21 ENDORSED ORDER granting 14 Defendant's Motion to Vacate Clerk's Default. Defendant shall file a responsive pleading on or before 2/1/2011. Signed by Judge Marcia G. Cooke on 1/25/2011. (jbn)
January 14, 2011 Filing 20 CERTIFICATE of Interested Party by Esys Latin America, Inc., Esys Technologies Pte. Ltd. (Feldman, Bennett)
January 4, 2011 Filing 19 Clerks Notice to Filer re 17 Response in Support of Motion,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#18]. It is not necessary to refile this document. (ls)
January 3, 2011 Filing 18 REPLY to Response to Motion re 14 Defendant's MOTION to Set Aside Default Defendant's Motion to Vacate Clerk's Default filed by Automattic, Inc.. (ls)(See Image at DE # 17 )
January 3, 2011 Filing 17 RESPONSE in Support re 14 Defendant's MOTION to Set Aside Default Defendant's Motion to Vacate Clerk's Default filed by Automattic, Inc.. (Attachments: # 1 Exhibit A Supplemental Declaration of Toni Schneider in Support of Defendant's Motion to Vacate Clerk's Default)(O'Donnell, Garry)
December 22, 2010 Filing 16 RESPONSE in Opposition re 14 Defendant's MOTION to Set Aside Default Defendant's Motion to Vacate Clerk's Default filed by Esys Latin America, Inc., Esys Technologies Pte. Ltd.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Feldman, Bennett)
December 21, 2010 Filing 15 MEMORANDUM in Opposition re 13 MOTION for Entry of Final Judgment for Permanent Injunction by Automattic, Inc.. (O'Donnell, Garry)
December 10, 2010 Filing 14 Defendant's MOTION to Set Aside Default Defendant's 10 Motion to Vacate Clerk's Default by Automattic, Inc.. (O'Donnell, Garry) Modified added link to motion on 12/13/2010 (tp).
December 7, 2010 Filing 13 MOTION for Entry of Final Judgment for Permanent Injunction by Esys Latin America, Inc., Esys Technologies Pte. Ltd.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Feldman, Bennett) Modified Text on 12/8/2010 (ls).
December 7, 2010 Filing 12 NOTICE of Attorney Appearance by Garry William O'Donnell on behalf of Automattic, Inc. (O'Donnell, Garry)
October 29, 2010 Filing 11 MAILED Copy of default to defendant Automatic, Inc. (tb)
October 29, 2010 Opinion or Order Filing 10 ORDER by Clerk of Entry of Default re 9 Motion for Clerks Entry of Default as to Automattic, Inc.. Signed by DEPUTY CLERK on 10/29/2010. (tb)
October 26, 2010 Filing 9 MOTION for Clerks Entry of Default as to Automattic, Inc. by Esys Latin America, Inc., Esys Technologies Pte. Ltd.. (Feldman, Bennett)
October 26, 2010 Filing 8 SUMMONS (Affidavit) Returned Executed by Esys Latin America, Inc.. Automattic, Inc. served on 9/23/2010, answer due 10/14/2010. (Feldman, Bennett)
September 29, 2010 Filing 7 Order Requiring Joint Scheduling Report. Signed by Judge Marcia G. Cooke on 9/29/2010. (tm)
September 29, 2010 Opinion or Order Filing 6 ORDER REFERRING CASE to Magistrate Judge Ted E. Bandstra for non-dispositive Pretrial Proceedings. Signed by Judge Marcia G. Cooke on 9/29/2010. (tm)
September 20, 2010 Filing 5 Summons Issued as to Automattic, Inc. (vjk)
September 14, 2010 Filing 4 NOTICE by Esys Latin America, Inc., Esys Technologies Pte. Ltd. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Feldman, Bennett)
September 13, 2010 Filing 3 Clerks Notice to Filer re: Electronic Case - No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 3 hours of the notice. (jc)
September 13, 2010 Filing 2 Judge Assignment RE: Electronic Complaint to Judge Marcia G. Cooke (jc)
September 13, 2010 Filing 1 COMPLAINT against Automattic, Inc.. Filing fee $ 350.00 receipt number 113C-3157690, filed by Esys Latin America, Inc..(Feldman, Bennett)

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Plaintiff: Esys Latin America, Inc.
Represented By: Bennett Gordon Feldman
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Plaintiff: Esys Technologies Pte. Ltd.
Represented By: Bennett Gordon Feldman
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Defendant: Automattic, Inc.
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