Gabara v. Facebook, Inc.
| Thaddeus Gabara |
| Facebook, Inc. |
| 1:2019cv09890 |
| October 25, 2019 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| James L Cott |
| Alison J Nathan |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 4, 2020. A more recent docket listing may be available from PACER.
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| Filing 39 MEMORANDUM OF LAW in Support re: #38 MOTION to Dismiss the Second Amended Complaint. . Document filed by Facebook, Inc...(Wingfield, Calvin) |
| Filing 38 MOTION to Dismiss the Second Amended Complaint. Document filed by Facebook, Inc...(Wingfield, Calvin) |
Filing 37
ORDER: On December 13, 2019, the defendant filed a motion to dismiss the first amended complaint (FAC) pursuant to Rule 12(b)(6), Fed. R. Civ. P. On February 14, 2020, the plaintiff filed a second amended complaint (SAC). Accordingly, it is hereby ORDERED that the defendants December 13, 2019 motion shall be terminated as moot. IT IS FURTHER ORDERED that the defendant shall respond to the SAC by March 6, 2020. If the defendant renews its motion to dismiss, the plaintiff shall file any opposition to the renewed motion by March 27. Defendant shall file any reply by April 10. At the time any reply is served, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 2/20/2020) (gr)
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| Filing 36 SECOND AMENDED COMPLAINT amending #9 Amended Complaint, against Facebook, Inc. with JURY DEMAND.Document filed by Thaddeus Gabara. Related document: #9 Amended Complaint,. (Attachments: #1 Exhibit Number-1, #2 Exhibit Number-2, #3 Exhibit Number-3, #4 Exhibit Number-4).(Gabara, Thaddeus) |
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Filing 35
ORDER granting #34 Motion for Megan Deanne Bettles to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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| Filing 34 MOTION for Megan Deanne Bettles to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18762616. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Facebook, Inc.. (Attachments: #1 Affidavit and Certificate of Good Standing, #2 Text of Proposed Order).(Bettles, Megan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for Megan Deanne Bettles to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18762616. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 33
ORDER: Having been advised through a motion for withdrawal of attorney filed on January 28, 2020 by Calvin Eugene Wingfield, Jr. of the law firm of Goodwin Procter LLP that Michaela C. Ogden is no longer associated with the firm, it is hereby ORDERED that the Clerk of Court shall remove Michaela C. Ogdens appearance from this case. (Signed by Judge Denise L. Cote on 1/29/2020) (gr)
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| Filing 32 MOTION for Michaela C. Ogden to Withdraw as Attorney . Document filed by Facebook, Inc..(Wingfield, Calvin) |
| Filing 31 LETTER addressed to Judge Denise L. Cote from T. Gabara, dated 1/14/20 re: AFFIDAVIT ATTESTING THAT THE EXTENSION OF TIME OF FOUR(4) WEEKS WAS DELIVERED TO DEFENDANTS. Document filed by Thaddeus Gabara.(sc) |
| Filing 30 LETTER addressed to Judge Denise L. Cote from T. Gabara, dated 1/13/20 re: REQUEST FOR EXTENSION OF TIME OF FOUR(4) WEEKS TO COMPLETE MY REPLY TO DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURS. TO FED.R.CIV.P. 12(B)(6). Document filed by Thaddeus Gabara.(sc) |
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Filing 29
ORDER: On December 13, 2019, defendant filed a motion to dismiss the first amended complaint (FAC) pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. On December 16, plaintiff was ordered to file any second amended complaint (SAC) or opposition to defendants motion to dismiss by January 17, 2020. On January 13, 2020, plaintiff filed a motion for an extension of time to respond to defendants December 13, 2019 motion to dismiss. It is herebyORDERED that plaintiff shall file any SAC by February 14, 2020. If plaintiff believes that the pleading of additional facts will cure deficiencies identified in the motion to dismiss, the plaintiff should include those facts in the amended pleading. Plaintiff will not have any further opportunity to amend the complaint to address issues raised by defendants December 13, 2019 motion to dismiss. IT IS FURTHER ORDERED that if no SAC is filed, plaintiff shall serve his opposition to defendants motion to dismiss by February 14, 2020. Defendants reply, if any, shall be served by February 28, 2020. At the time any reply is served, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that the February 14, 2020 deadlines are firm and shall not be extended. (Signed by Judge Denise L. Cote on 1/14/2020) (gr)
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| Filing 28 FIRST LETTER MOTION for Extension of Time to File Response/Reply on February 14, 2020 addressed to Judge Denise L. Cote from Thaddeus Gabara dated January 13, 2020. Document filed by Thaddeus Gabara.(Gabara, Thaddeus) |
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Filing 27
ORDER: On December 19, 2019, the pro se plaintiff Thaddeus Gabara filed a Motion for Permission for Electronic Case Filing. Since the plaintiff has completed this Courthouses CM/ECF introduction course and affirmed compliance with the conditions of electronic filing, it is hereby ORDERED that plaintiffs application is granted. (Signed by Judge Denise L. Cote on 12/20/2019) (gr)
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| Filing 26 MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING, re: for Permission for T. Gabara to participate in electronic case filing in this case. Document filed by Thaddeus Gabara.(sc) |
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Filing 25
ORDER granting #22 Motion for Indra Neel Chatterjee to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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Filing 24
ORDER granting #21 Motion for Michaela Ogden to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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Filing 23
ORDER granting #20 Motion for Lucas Dahlin to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Indra Neel Chatterjee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18313273. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 22 MOTION for Indra Neel Chatterjee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18313273. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Facebook, Inc.. (Attachments: #1 Affidavit and Certificate of Good Standing, #2 Text of Proposed Order)(Chatterjee, Indra) |
| Filing 21 MOTION for Michaela Ogden to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18313178. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Facebook, Inc.. (Attachments: #1 Affidavit and Certificate of Good Standing, #2 Text of Proposed Order)(Ogden, Michaela) |
| Filing 20 MOTION for Lucas Dahlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18313029. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Facebook, Inc.. (Attachments: #1 Affidavit and Certificate of Good Standing, #2 Text of Proposed Order)(Dahlin, Lucas) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Michaela Ogden to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18313178. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Lucas Dahlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18313029. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 19
ORDER: On December 13, 2019, defendant filed a motion to dismiss the first amended complaint (FAC) pursuant to Rule 12(b)(6), Fed. R. Civ. P. Under Rule 15(a)(1)(B), Fed. R. Civ. P., a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, it is hereby ORDERED that plaintiff shall file any second amended complaint (SAC) by January 17, 2020. It is unlikely that plaintiff will have a further opportunity to amend. IT IS FURTHER ORDERED that if no SAC is filed, plaintiff shall file any opposition to the motion to dismiss by January 17, 2020. Defendants reply, if any, shall be filed by January 31. At the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that discovery is stayed pending resolution of the motion to dismiss. (Signed by Judge Denise L. Cote on 12/16/2019) (gr)
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| Filing 18 MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss the First Amended Complaint. . Document filed by Facebook, Inc.. (Wingfield, Calvin) |
| Filing 17 MOTION to Dismiss the First Amended Complaint. Document filed by Facebook, Inc..(Wingfield, Calvin) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Facebook, Inc..(Wingfield, Calvin) |
| Filing 15 NOTICE OF APPEARANCE by Calvin Eugene Wingfield, Jr on behalf of Facebook, Inc.. (Wingfield, Calvin) |
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time to Answer. The request for a one-week extension of time to respond to the First Amended Complaint to December 13, 2019 is hereby granted, on consent. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 13 LETTER MOTION for Extension of Time to File Answer re: #9 Amended Complaint, addressed to Magistrate Judge James L. Cott from Calvin E. Wingfiled Jr. dated December 2, 2019. Document filed by Facebook, Inc..(Wingfield, Calvin) |
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Filing 12
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. (Signed by Judge Denise L. Cote on 11/15/2019) (gr)
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Filing 11
ORDER: IT IS HEREBY ORDERED that the above-captioned matter is referred to Magistrate Judge Cott for general pretrial purposes. (Signed by Judge Denise L. Cote on 11/15/2019) (gr)
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Filing 10
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the parties that the time within which Defendant Facebook, Inc. may move, answer, or otherwise respond to the Complaint is hereby extended up to and including December 6, 2019. (Signed by Judge Denise L. Cote on 11/15/2019) (gr)
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| Filing 9 ONCE AMENDED COMPLAINT FOR PATENT INFRINGEMENT; re:amending #1 Complaint against Facebook, Inc. with JURY DEMAND.Document filed by Thaddeus Gabara. Related document: #1 Complaint. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(sc) |
| Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by Facebook, Inc.. (Wingfield, Calvin) |
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Filing 7
AMENDED STANDING ORDER IN RE IMPLEMENTATION OF PATENT PILOT PROGRAM IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 21, 2011). It appearing that the Court has elected to participate in the Pilot Project for Patent Cases established pursuant to Pub L. No. 111-349, 124 Stat. 3674. Therefore, effective November 21, 2011, the Court's participation in the Patent Pilot Project will commence and shall include pro se cases. The Pilot program will be subject to the following procedures: When a designated Pilot judge receives a patent case on initial assignment, the case shall be assigned to that judge for all purposes, without further notice to the Assignment Committee and the Case Assignment Unit.... (Signed by Judge Loretta A. Preska on 03/29/2012) (bcu)
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| NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote, Patent Judge. Judge Alison J. Nathan is no longer assigned to the case. (bcu) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. Facebook, Inc. served on 10/25/2019, answer due 11/15/2019. Service was accepted by Adam Roepke. Document filed by Thaddeus Gabara. (sc) |
| Filing 4 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Thaddeus Gabara consents to receive electronic service via the ECF system. Document filed by Thaddeus Gabara. (sac) Modified on 10/28/2019 (sac). |
| Filing 3 AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (sac) |
| Filing 2 CIVIL COVER SHEET filed. (sac) |
| Filing 1 COMPLAINT against Facebook, Inc. (Filing Fee $400.00, Receipt Number 465401247013) Document filed by Thaddeus Gabara. (sac) |
| Case Designated ECF. (sac) |
| SUMMONS ISSUED as to Facebook, Inc. (sac) |
| Case Eligible for Patent Pilot Program. (sac) |
| Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sac) |
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| Defendant: Facebook, Inc. | |
| Represented By: | Michaela Ogden |
| Represented By: | Calvin Eugene Wingfield, Jr., |
| Represented By: | Indra Neel Chatterjee |
| Represented By: | Lucas Dahlin |
| Represented By: | Megan D. Bettles |
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| Plaintiff: Thaddeus Gabara | |
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