Eclipse IP LLC v. Flywheel Software Inc
| Eclipse IP LLC |
| Flywheel Software Inc, Uber Technologies Inc and Ridecharge Inc |
| 2:2013cv06371 |
| August 30, 2013 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| S James Otero |
| Patent |
| 28 U.S.C. § 1338 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 20, 2014. A more recent docket listing may be available from PACER.
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Filing 19
MINUTE ORDER IN CHAMBERS by Judge S. James Otero: ORDER CANCELING CASE COORDINATION This order applies only to the following case: Eclipse IP LLC v. Uber Technologies, Inc., 2:13-cv-07154-SJO-JC ("Uber Case"). Because all cases coordinated with the Uber Case have been dismissed, the Court cancels any remaining coordination between the cases. The Uber case is no longer coordinated with any other cases for case management purposes, and any scheduling order and protective order shall apply to Defendant Uber Technologies, Inc. only. Parties shall file all pleadings, motions, appearances,and other documents only in the Uber Case file. (lc)
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Filing 18
MINUTE ORDER IN CHAMBERS by Judge S. James Otero: ORDER SETTING SCHEDULING CONFERENCE This order applies to the following cases: Eclipse IP LLC v. Ridecharge, Inc., 2:13-cv-07153-SJO-JC and Eclipse IP LLC v. Uber Technologies, Inc.,2:13-cv-07154-SJO-JC.The parties shall exchange initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1)on or before February 10, 2014. Further discovery is stayed pending the scheduling conference. Additionally, Counsel are directed to comply with Rule 26(f) of the Federal Rules of Civil Procedure in a timely fashion and to file a Joint Rule 26(f) report covering all Eclipse Cases on or beforeMarch 3, 2014.In order to assist the parties in the setting of dates for the Scheduling Conference, the Court has included a schedule form for pretrial dates. The schedule should be completed by counsel andsubmitted in conjunction with their Rule 26(f) report. The parties may jointly submit a proposed protective order on or before March 3, 2014.Counsel are hereby notified that the scheduling conference has been set for Monday, March 17, 2014, at 8:30 a.m.The Court will set aside thirty minutes for the technology tutorial, case overview, and schedulingconference. The Court anticipates that it will be most useful to first hear the technology tutorial and case overview, followed by scheduling issues, but is open to the parties' joint suggestions. On or before March 3, 2014, the parties shall file a detailed joint proposed agenda indicating how long each side proposes to spend on each subject and which lawyer will be conducting which portion of the proceeding. This submission shall be a single integrated proposal, and shall not consist of dueling proposals. The Court will require efficient coordinated discovery practice. The parties shall confer andattempt to agree on limitations that reflect coordination. (lc)
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| Filing 17 NOTICE OF LODGING filed By Eclipse IP of Certified Copies of Asserted Patents re Minutes of In Chambers Order/Directive - no proceeding held,,,,,,, #11 (Olavi, Matt) |
| Filing 16 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 dismissal) (lc) |
| Filing 15 NOTICE of Voluntary Dismissal filed by Plaintiff Eclipse IP LLC. Dismissal is With Prejudice. (Olavi, Matt) |
| Filing 14 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Amended Complaint, #12 , Errata #13 . The following error(s) was found: The case number and/or judge(s)initials are incorrect. Magistrates initials, should be (JCx). 1) summons was attached as exhibit on #12, however correction re summons attempted in #13, under Errata, but efiled as 1 pdf with the errata. Correct event is: SUMMONS REQUEST. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
| Filing 13 NOTICE OF ERRATA filed by Plaintiff Eclipse IP LLC. correcting Amended Complaint, #12 Eclipse IP LLC's Notice of Errata Regarding The Amended Summons For Its First Amended Complaint for Patent Infringement (Olavi, Matt) |
| Filing 12 FIRST AMENDED COMPLAINT against Defendant Flywheel Software Inc amending Complaint - (Discovery), #1 , filed by Plaintiff Eclipse IP LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Summons)(Olavi, Matt) |
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Filing 11
MINUTE ORDER IN CHAMBERS by Judge S. James Otero:ORDER COORDINATING CASES AND NOTIFYING PLAINTIFF OF INADEQUACIES IN PLAINTIFF'S COMPLAINTS This order applies to, and shall be filed in the following cases: Eclipse IP LLC v. Flywheel Software, Inc., 2:13-cv-06371-SJO-JC ("Flywheel Case"); Eclipse IP LLC v. Groundlink, LLC, 2:13-cv-07038-SJO-JC ("Groundlink Case"); Eclipse IP LLC v. Lyft, Inc., 2:13-cv-07152-SJO-JC ("Lyft Case"); Eclipse IP LLC v. Ridecharge, Inc., 2:13-cv-07153-SJO-JC ("Ridecharge Case"); Eclipse IP LLC v. Uber Technologies, Inc., 2:13-cv-07154-SJO-JC ("Uber Case"); Eclipse IP LLCv. Side.Cr LLC, 2:13-cv-07155-SJO-JC ("Sidecar Case").The Eclipse Cases are hereby COORDINATED FOR CASE MANAGEMENT PURPOSES.The low-number case, Eclipse IP LLC v. Flywheel Software, Inc., 2:13-cv-06371-SJO-JC, will serve as the master case file. Parties shall enter their appearances in the individual cases. Clerk is directed to add all parties and attorneys from the individual cases to the master case file. Plaintiff may file and serve First Amended Complaints correcting these inefficiencies for all Eclipse Cases on or before October 21, 2013. To maintain claims of indirect and willful infringement,Plaintiff must allege with particularity the facts establishing the defendants' requisite mental state. If Plaintiff fails to do so, the Court will dismiss Plaintiff's claims of indirect and willful infringement without leave to amend.On or before November 11, 2013, Plaintiff shall lodge with the Court a certified copy of the file history for each asserted patent. The file histories shall each be printed double-sided, indexed, tabbed, and compiled in a 3-ring binder. In addition to the paper copy of the file histories, Plaintiffshall lodge an electronic copy on a CD-ROM, DVD, or USB thumb drive. (lc)
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| Filing 10 STIPULATION Extending Time to Answer the complaint as to Flywheel Software Inc answer now due 10/25/2013, re Complaint - (Discovery), #1 filed by Defendant Flywheel Software Inc.(Kim, Olivia) |
| Filing 9 NOTICE OF UNDER SEAL FILING PROCEDURES by Judge S. James Otero. Judge Otero is participating in the Central District of Californias Pilot Project for the Electronic Submission and Filing of Under Seal Documents. The Pilot Project applies to both civil and criminal cases.Parties shall make every effort to limit the number and volume of under seal filings. In most circumstances, parties should seek to file under seal only the specific exhibits or documents for which there is a valid basis for filing under seal.When seeking the Courts approval for an under seal filing, the submitting party shall electronically file an Ex Parte Application to Seal and proposed Order through the Courts CM/ECF System pursuant to Local Rule 5-4. The Ex Parte Application and proposed Order shall not contain the information the party seeks to file under seal. The party seeking permission to file under seal shall submit to the Courts generic chambers e-mail address (sjo_chambers@cacd.uscourts.gov) PDF versions of the Ex Parte Application, proposed Order, Declaration in Support of Ex Parte Application stating the reason for the under seal filing, and the document(s) and/or exhibit(s) the party seeks to file under seal. The party shall also submit a Word or WordPerfect version of the proposed Order to the generic chambers e-mail address.Unless otherwise ordered by the Court, the submitting party shall deliver a Mandatory Chambers Copy of the Ex Parte Application, proposed Order, Declaration in Support of Ex Parte Application, and the document(s) and/or exhibit(s) the party seeks to file under seal to the Courts courtesy copy box located outside chambers no later than 12:00 p.m. on the following business day.The Pilot Project for the Electronic Submission and filing of Under Seal Documents does not apply to in camera submissions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
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Filing 8
INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr)
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Filing 7
ORDER TO TRANSFER CASE TO THE PATENT PILOT PROGRAM by Judge Audrey B. Collins. Case transferred from Judge Audrey B. Collins to Judge S. James Otero for all further proceedings. Case number now reads CV 13-06371 SJO(JCx). (rn)
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| Filing 6 PROOF OF SERVICE Executed by Plaintiff Eclipse IP LLC, upon Defendant Flywheel Software Inc served on 9/6/2013, answer due 9/27/2013. in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Olavi, Matt) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 4 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Eclipse IP LLC. (et) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Eclipse IP LLC. (et) (mg). |
| Filing 2 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendant Flywheel Software Inc. (et) |
| Filing 1 COMPLAINT against Defendant Flywheel Software Inc. Case assigned to Judge Audrey B. Collins for all further proceedings. Discovery referred to Magistrate Judge Jacqueline Chooljian. (Filing fee $ 400 PAID.) Jury Demanded., filed by Plaintiff Eclipse IP LLC. (et) (Additional attachment(s) added on 9/4/2013: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (mg). |
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