SimpleAir, Inc. v. Google LLC
| SimpleAir, Inc. |
| Google Inc. and Google LLC |
| Hon. David Folsom |
| 2:2020cv02839 |
| March 26, 2020 |
| US District Court for the Central District of California |
| Paul L Abrams |
| John A Kronstadt |
| Consuelo B Marshall |
| Gail J Standish |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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| Filing 123 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c) #120 filed by Plaintiff SimpleAir, Inc.. (Attachments: #1 Declaration Goodrich declaration)(Eichmann, John) |
Filing 122
ORDER RE JOINT STIPULATION TO EXTEND THE DEADLINE TO AMEND PLEADINGS AND ADD PARTIES (DKT. #121 ; DKT. 110) by Judge John A. Kronstadt. The Stipulation is GRANTED IN PART and the deadline to amend or add parties is continued to a date that will be set in the order on the pending motions to dismiss brought by Google LLC. No. 2:20-cv-02839 JAK (PLAx), Dkt. 120; No. 2:16-cv-03758 JAK (PLAx), Dkt. 109. (yl)
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| Filing 121 Joint STIPULATION for Extension of Time to Amend filed by Defendant Google Inc., Google LLC. (Attachments: #1 Proposed Order, #2 Declaration of Jordan R. Jaffe)(Jaffe, Jordan) |
| Filing 120 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c) filed by Defendant Google Inc., Google LLC. Motion set for hearing on 6/22/2020 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Proposed Order, #2 Declaration of Deepa Acharya, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P) (Verhoeven, Charles) |
| Filing 119 Notice of Withdrawal of Motion to Dismiss (cause or other),, #17 filed by Defendant Google Inc., Google LLC. (Verhoeven, Charles) |
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Filing 118
(IN CHAMBERS) ORDER SETTING PRETRIAL DEADLINES by Judge John A. Kronstadt: The Court has reviewed the parties' 4/102020 Joint Report #116 and sets the following deadlines: Deadline for Google to File Opening Brief: 5/1/2020. Last day to amend or add parties: 5/11/2020. Deadline for Google to serve invalidity contentions: 5/22/2020. Opposition to Google's Consolidated Rule 12(c) Motion(not to exceed 30 pages): 5/22/2020. Reply as to Google's Consolidated Rule 12(c) Motion (not to exceed 15 pages): 6/1/2020. Parties to exchange proposed terms for construction: 6/8/2020. Hearing on Google's Consolidated Rule 12(c) Motion: 6/22/2020 at 8:30 AM. Parties to exchange proposed constructions and evidence: 6/22/2020. Claim Construction Discovery Cut-Off: 7/31/2020. Last day to participate in a settlement conference/mediation with a private neutral: 8/7/2020. Last day to file a notice of settlement or a joint report re status of settlement: 8/14/2020. Joint Markman Prehearing Statement Due: 8/12/2020. Simultaneous Opening Markman Briefs Due: 8/28/2020. Simultaneous Responsive Markman Briefs, Tutorials, and Presentation Materials Due: 9/11/2020. Markman Hearing/Post Mediation Status Conference: 10/5/2020 at 10:30 AM. Anticipated Ruling to be Issued on Markman Issues: 10/26/2020. SimpleAir's Deadline to Serve Final Infringement Contentions, Expert Reports on issues Where Patentee has Burden of Proof, All Parties Serve Advice of Counsel Disclosures: 11/23/2020. Google's Deadline to Serve Final Invalidity Contentions, Rebuttal Expert Reports, and Opening Expert Reports Where Accused Infringer has Burden of Proof: 12/21/2020. SimpleAir's Deadline to Serve Rebuttal Expert Reports on Issues Where Accused Infringer has Burden of Proof: 1/19/2021. Last day to file motions (including discovery motions): 2/16/2020. (jp)
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Filing 117
ORDER/REFERRAL to ADR Procedure No. 3 by Judge John A. Kronstadt. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than August 7, 2020. Report due August 14, 2020. Post Mediation Status Conference set for October 5, 2020 at 10:30 AM before Judge John A. Kronstadt. (cw)
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| Filing 116 JOINT REPORT Rule 26(f) Discovery Plan / Rule 16(b) report ; estimated length of trial 5 days, filed by Plaintiff SimpleAir, Inc... (Eichmann, John) |
| Filing 115 RESPONSE filed by Pro Hac Vice attorney Sidney Calvin Capshaw John Jeffrey Eichmann on behalf of Plaintiff SimpleAir, Inc.. RE: dkt 107. PHV fee n/a. (Eichmann, John) |
| Filing 114 RESPONSE filed by Pro Hac Vice attorney Elizabeth DeRieux John Jeffrey Eichmann on behalf of Plaintiff SimpleAir, Inc.. RE: dkt 106. PHV fee n/a. (Eichmann, John) |
| Filing 113 RESPONSE filed by Pro Hac Vice attorney Gregory Blake Thompson on behalf of Defendant Google LLC. RE: Notice of Filing Fee Due. PHV fee n/a. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (Thrasher, Lupe) |
| Filing 112 RESPONSE filed by Pro Hac Vice attorney James Mark Mann on behalf of Defendant Google LLC. RE: Notice of Filing Fee Due. PHV fee n/a. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (Thrasher, Lupe) |
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Filing 111
STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (cw)
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Filing 110
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:16-cv-03756 JAK(PLAx). Case transferred from Judge Consuelo B. Marshall and Magistrate Judge Gail J. Standish to Judge John A. Kronstadt and Magistrate Judge Paul L. Abrams for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-02839 JAK(PLAx). Signed by Judge John A. Kronstadt (rn)
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| Filing 109 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Gregory Blake Thompson. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 108 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney James Mark Mann. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 107 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Sidney Calvin Capshaw, III. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 106 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Elizabeth L. DeRieux. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 103 Notice of Appearance or Withdrawal of Counsel: for attorney Miles D Freeman counsel for Defendant Google LLC. Joshua L. Sohn is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Google LLC. (Freeman, Miles) |
| Filing 102 NOTICE of Related Case(s) filed by Defendant Google LLC. Related Case(s): 2:16-cv-03758-JAK-PLA (Jaffe, Jordan) |
| Filing 101 NOTICE of Appearance filed by attorney Miles D Freeman on behalf of Defendant Google LLC (Attorney Miles D Freeman added to party Google LLC(pty:dft))(Freeman, Miles) |
| Filing 100 ORIGINAL file, certified copy of transfer order and docket sheet received from Texas Eastern |
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Filing 99
ORDER granting #69 Sealed Motion to Dismiss or, in the Alternative, Transfer under 28 U.S.C. 1406 or 28 U.S.C. 1404 for Improper Venue. Signed by District Judge Rodney Gilstrap on 3/4/2020. (nkl, ) [Transferred from Texas Eastern on 3/27/2020.]
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| Filing 98 NOTICE by SimpleAir, Inc. re #85 Response in Opposition to Motion,,,, Withdrawing Opposition to Motion to Transfer to C.D. Cal. (Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 97 NOTICE by SimpleAir, Inc. Request for Status Conference (Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
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Filing 96
ORDER granting #95 Sealed Motion to Obtain Further Information. Signed by District Judge Rodney Gilstrap on 4/1/2019. (nkl, ) [Transferred from Texas Eastern on 3/27/2020.]
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| Filing 95 Unopposed SEALED MOTION to Obtain Further Information by Google LLC. (Attachments: #1 Text of Proposed Order)(Verhoeven, Charles) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 94 REDACTION to #93 Sealed Sur-Reply to Reply to Response to Motion by SimpleAir, Inc.. (Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 93 SEALED SUR-REPLY to Reply to Response to Motion re #69 SEALED MOTION to Dismiss or, in the Alternative, Transfer under 28 U.S.C. 1406 or 28 U.S.C. 1404 for Improper Venue filed by SimpleAir, Inc.. (Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
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Filing 92
ORDER granting #91 Motion for Extension of Time to File a Sur-Reply to Venue Motions. Signed by District Judge Rodney Gilstrap on 3/20/2019. (nkl, ) [Transferred from Texas Eastern on 3/27/2020.]
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| Filing 91 Unopposed MOTION for Extension of Time to File Response/Reply as to #89 Sealed Reply to Response to Motion, by SimpleAir, Inc.. (Attachments: #1 Text of Proposed Order proposed order)(Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 90 REDACTION to #89 Sealed Reply to Response to Motion, Google's Reply in Support of Motion to Dismiss or Transfer by Google LLC. (Verhoeven, Charles) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 89 SEALED REPLY to Response to Motion re #69 SEALED MOTION to Dismiss or, in the Alternative, Transfer under 28 U.S.C. 1406 or 28 U.S.C. 1404 for Improper Venue filed by Google LLC. (Attachments: #1 Exhibit 1)(Verhoeven, Charles) [Transferred from Texas Eastern on 3/27/2020.] |
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Filing 88
ORDER granting #86 Motion for Extension of Time to File Reply in Support of Its Motion to Dismiss. Signed by District Judge Rodney Gilstrap on 2/27/2019. (nkl, ) [Transferred from Texas Eastern on 3/27/2020.]
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| Filing 87 REDACTION to #85 Response in Opposition to Motion,,,, by SimpleAir, Inc.. (Attachments: #1 Exhibit 1: Founder's letter, #2 Exhibit 2: Our Infrastructure, #3 Exhibit 4: Axelrod presentation, #4 Exhibit 5: FAQ Google Edge, #5 Exhibit 13: Google ISP Portal Request, #6 Exhibit 14: von Kaenel declaration, #7 Exhibit 15: Payne declaration, #8 Text of Proposed Order Proposed odrder)(Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 86 Unopposed MOTION for Extension of Time to File Response/Reply as to #85 Response in Opposition to Motion,,,, by Google LLC. (Attachments: #1 Text of Proposed Order)(Verhoeven, Charles) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 85 SEALED RESPONSE in Opposition re #69 SEALED MOTION to Dismiss or, in the Alternative, Transfer under 28 U.S.C. 1406 or 28 U.S.C. 1404 for Improper Venue and Request for Judicial Notice filed by SimpleAir, Inc.. (Attachments: #1 Exhibit 1: Founder's letter, #2 Exhibit 2: Our Infrastructure, #3 Exhibit 3: Non-disputed agreement 2'12'19, #4 Exhibit 4: Axelrod presentation, #5 Exhibit 5: FAQ - Google Edge, #6 Exhibit 6: Cooper letter to Eichmann 2'13'19 re GGC Servers, #7 Exhibit 7: Cable One agreement, #8 Exhibit 8: Peoples Telecom agreement, #9 Exhibit 9: Sudden Link agreement, #10 Exhibit 10: Ustreamer crash course, #11 Exhibit 11: Streaming System Overview, #12 Exhibit 12: Clark deposition, #13 Exhibit 13: Google ISP Partner Request Portal, #14 Exhibit 14: von Kaenel declaration, #15 Exhibit 15: Payne declaration, #16 Text of Proposed Order Proposed Order)(Eichmann, John) Modified on 2/25/2019 (ch, ). [Transferred from Texas Eastern on 3/27/2020.] |
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Filing 84
ORDER granting #83 Motion for Extension of Time to File Response. The Court Orders the deadline for Plaintiff to respond to Google's venue motions extended up to and through February 22, 2019. Signed by District Judge Rodney Gilstrap on 2/7/2019. (bjc, ) [Transferred from Texas Eastern on 3/27/2020.]
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| Filing 83 Unopposed MOTION for Extension of Time to File Response/Reply as to #69 SEALED MOTION to Dismiss or, in the Alternative, Transfer under 28 U.S.C. 1406 or 28 U.S.C. 1404 for Improper Venue by SimpleAir, Inc.. (Attachments: #1 Text of Proposed Order proposed order)(Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
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Filing 82
ORDER granting #80 Motion for Extension of Time to File Response/Reply re #69 SEALED MOTION to Dismiss or, in the Alternative, Transfer under 28 U.S.C. 1406 or 28 U.S.C. 1404 for Improper Venue Responses due by 2/9/2019. Signed by District Judge Rodney Gilstrap on 12/10/2018. (nkl, ) [Transferred from Texas Eastern on 3/27/2020.]
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| Filing 81 RESPONSE in Opposition re #17 MOTION to Dismiss Defendant Google Inc.'s Corrected Motion to Dismiss Response to Google's Sur-Sur-Reply filed by SimpleAir, Inc.. (Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 80 Unopposed MOTION for Extension of Time to File Response/Reply as to #69 SEALED MOTION to Dismiss or, in the Alternative, Transfer under 28 U.S.C. 1406 or 28 U.S.C. 1404 for Improper Venue by SimpleAir, Inc.. (Attachments: #1 Text of Proposed Order)(Franzini, Simon) [Transferred from Texas Eastern on 3/27/2020.] |
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Filing 79
ORDER granting #78 Motion for Extension of Time to File Response/Reply. Signed by District Judge Rodney Gilstrap on 11/21/2018. (ch, ) [Transferred from Texas Eastern on 3/27/2020.]
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| Filing 78 Unopposed MOTION for Extension of Time to File Response/Reply as to #69 SEALED MOTION to Dismiss or, in the Alternative, Transfer under 28 U.S.C. 1406 or 28 U.S.C. 1404 for Improper Venue by SimpleAir, Inc.. (Attachments: #1 Text of Proposed Order)(Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 77 REDACTION to #73 Sealed Additional Attachments to Main Document, Public Version of Dkt. 73 by Google LLC. (Attachments: #1 Public Version of Dkt. 73-2)(Verhoeven, Charles) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 76 REDACTION to #71 Sealed Additional Attachments to Main Document, Public Version of Dkt. 71-1 by Google LLC. (Verhoeven, Charles) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 75 REDACTION to #69 SEALED MOTION to Dismiss or, in the Alternative, Transfer under 28 U.S.C. 1406 or 28 U.S.C. 1404 for Improper Venue by Google LLC. (Attachments: #1 Public Version of Dkt. 69-1, #2 Public Version of Dkt. 69-2, #3 Public Version of Dkt. 69-6, #4 Public Version of Dkt. 69-7, #5 Public Version of Dkt. 69-8, #6 Public Version of Dkt. 69-9, #7 Public Version of Dkt. 69-10, #8 Public Version of Dkt. 69-11, #9 Public Version of Dkt. 69-12, #10 Public Version of Dkt. 69-13, #11 Public Version of Dkt. 69-14, #12 Public Version of Dkt. 69-15, #13 Public Version of Dkt. 69-16, #14 Public Version of Dkt. 69-17, #15 Public Version of Dkt. 69-18, #16 Public Version of Dkt. 69-20, #17 Public Version of Dkt. 69-21, #18 Public Version of Dkt. 69-22, #19 Public Version of Dkt. 69-23, #20 Public Version of Dkt. 69-24, #21 Public Version of Dkt. 69-25, #22 Public Version of Dkt. 69-26, #23 Public Version of Dkt. 69-27, #24 Public Version of Dkt. 69-28)(Verhoeven, Charles) [Transferred from Texas Eastern on 3/27/2020.] |
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Filing 74
ORDER granting #72 Motion for Extension of Time to File SimpleAirs Responsive Brief. Signed by District Judge Rodney Gilstrap on 11/14/2018. (nkl, ) [Transferred from Texas Eastern on 3/27/2020.]
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| Filing 73 SEALED ADDITIONAL ATTACHMENTS to Main Document: #69 SEALED MOTION to Dismiss or, in the Alternative, Transfer under 28 U.S.C. 1406 or 28 U.S.C. 1404 for Improper Venue. (Attachments: #1 Affidavit of Jamie Durbin, #2 Affidavit of Sallie Lim)(Verhoeven, Charles) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 72 Unopposed MOTION for Extension of Time to File Response/Reply as to #70 Sur-Reply to Reply to Response to Motion, by SimpleAir, Inc.. (Attachments: #1 Text of Proposed Order proposed order)(Eichmann, John) (Additional attachment(s) added on 11/14/2018: #2 Revised Proposed Order) (nkl, ). [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 71 DEFICIENT DOCUMENT SEALED ADDITIONAL ATTACHMENTS to Main Document: #69 SEALED MOTION to Dismiss or, in the Alternative, Transfer under 28 U.S.C. 1406 or 28 U.S.C. 1404 for Improper Venue. (Attachments: #1 Affidavit of Sallie Lim)(Verhoeven, Charles) Modified on 11/13/2018 (nkl, ). [Transferred from Texas Eastern on 3/27/2020.] |
| NOTICE of Deficiency regarding the SEALED ADDITIONAL ATTACHMENTS to Main Document submitted document #71 does not contain a Certificate of Authorization to File Under Seal per Local Rule CV-5(a)(7)(A) and does not contain a Certificate of Service. Correction should be made by one business day. (nkl, ) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 70 SUR-REPLY to Reply to Response to Motion re #17 MOTION to Dismiss Defendant Google Inc.'s Corrected Motion to Dismiss filed by Google LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Verhoeven, Charles) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 69 SEALED MOTION to Dismiss or, in the Alternative, Transfer under 28 U.S.C. 1406 or 28 U.S.C. 1404 for Improper Venue by Google LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Text of Proposed Order)(Verhoeven, Charles) (Additional attachment(s) added on 11/13/2018: #29 Revised Proposed Order) (nkl, ). [Transferred from Texas Eastern on 3/27/2020.] |
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Filing 68
ORDER - The Court enters this Order sua sponte for re-briefing. Signed by District Judge Rodney Gilstrap on 10/29/2018. (nkl, ) [Transferred from Texas Eastern on 3/27/2020.]
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| Filing 67 STIPULATION Regarding Venue Discovery by Google LLC. (Verhoeven, Charles) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 66 NOTICE by Google LLC Google LLC's Post-Mandate Submission (Verhoeven, Charles) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 65 NOTICE by SimpleAir, Inc. re Status Conference, SimpleAir's Position Statement regarding Case Scheduling (Attachments: #1 Exhibit 1: SimpleAir's opening appeal brief, #2 Exhibit 2: Google's response brief, #3 Exhibit 3: SimpleAir's reply brief, #4 Exhibit 4: Google's petition for rehearing, #5 Exhibit 5: SimpleAir's response to petition, #6 Exhibit 6: Petition denied)(Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 64 NOTICE of Attorney Appearance by Carl G Anderson on behalf of Google LLC (Anderson, Carl) [Transferred from Texas Eastern on 3/27/2020.] |
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Filing 63
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7/11/18 (Telephonic Motion Hearing) before Judge Rodney Gilstrap. Court Reporter/Transcriber: Shelly Holmes, CSR, TCRR,Telephone number: (903) 923-7464 (Shelly_Holmes@txed.uscourts.gov). < Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Motion to Redact due 8/7/2018. Release of Transcript Restriction set for 10/15/2018. (sholmes, ) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 62 CORPORATE DISCLOSURE STATEMENT filed by Google LLC identifying Corporate Parent Alphabet Inc., Corporate Parent XXVI Holdings Inc. for Google LLC. (Verhoeven, Charles) [Transferred from Texas Eastern on 3/27/2020.] |
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Filing 61
ORDER granting #60 Motion to Substitute Party. Google LLC added. Google Inc. terminated. Signed by District Judge Rodney Gilstrap on 7/17/2018. (nkl, ) [Transferred from Texas Eastern on 3/27/2020.]
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| Filing 60 Unopposed MOTION to Substitute Party and Reflect Name Change From Google Inc. to Google LLC by Google Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Verhoeven, Charles) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 59 PAPER TRANSCRIPT REQUEST by Google Inc. for proceedings held on 7/11/2018 Telephonic Status Conference before Judge Rodney Gilstrap. (Jaffe, Jordan) [Transferred from Texas Eastern on 3/27/2020.] |
| Minute Entry for proceedings held before District Judge Rodney Gilstrap: TELEPHONIC Status Conference held on 7/11/2018. Counsel on the call were Ms. DeRieux, Messrs. Eichmann, Verhoeven, Mann and Jaffe. Parties were ordered to meet and confer and submit, within seven days, their written proposals. Such proposals are limited to 15 pages. (Court Reporter Shelly Holmes, CSR-TCRR.) (jml) [Transferred from Texas Eastern on 3/27/2020.] |
| NOTICE of Hearing: TELEPHONIC Status Conference set for 7/11/2018 02:30 PM before District Judge Rodney Gilstrap. ***The Court's telephone number is (903) 938-8452. The parties are to contact the Court AFTER all parties have joined the call. Participants should use a landline phone connection. Cell phones are not to be used unless prior leave is granted by the Court, which leave will only be granted in exceptional circumstances.***(jml) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 58 NOTICE by SimpleAir, Inc. Request for Status Conference (Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 57 MANDATE of USCA as to #53 Notice of Appeal - FEDERAL CIRCUIT filed by SimpleAir, Inc. In accordance with the judgment of this Court, entered March 12, 2018, and pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued. FOR THE COURT, Signed by Clerk of Court Peter Marksteiner. Issued on 6/15/2018. (kls, ) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 56 NOTICE OF ENTRY OF USCA-FEDERAL CIRCUIT JUDGMENT ACCOMPANIED BY OPINION vacating the district court's order and remanding the case to District Court for further proceedings consistent with this opinion as to #53 Notice of Appeal - FEDERAL CIRCUIT filed by SimpleAir, Inc. Decided: March 12, 2018. The mandate will be issued in due course. Circuit Judges: Lourie, Reyna, and Chen. (Attachments: #1 USCA-Federal Circuit Opinion, #2 Rehearing Information Sheet, #3 Supreme Court Information Sheet)(dlc, ) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 55 NOTICE of Docketing Notice of Appeal from USCA-FEDERAL CIRCUIT re #53 Notice of Appeal - FEDERAL CIRCUIT filed by SimpleAir, Inc. USCA-Federal Circuit Case Number 16-2738 (Attachments: #1 Key Rule Changes)(dlc, ) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 54 ACKNOWLEDGMENT OF RECEIPT on 9/29/16, by USCA-Federal Circuit as to #53 Notice of Appeal - FEDERAL CIRCUIT, #50 Memorandum & Opinion, and certified copy of docket sheet. (dlc, ) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 53 NOTICE OF APPEAL - FEDERAL CIRCUIT as to #50 Memorandum & Opinion by SimpleAir, Inc.. Filing fee $ 505, receipt number 0540-5962132. (Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Transmission of Notice of Appeal, #50 Memorandum Opinion and Order, and certified copy of Docket Sheet to US Court of Appeals, Federal Circuit by separate email. re #53 Notice of Appeal - FEDERAL CIRCUIT (dlc, ) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 52 NOTICE by SimpleAir, Inc. of Filing of Docket Items from Prior Cases (Attachments: #1 Exhibit 1 - '416 Dkt. 1, #2 Exhibit 2 - '416 Dkt. 1-1, #3 Exhibit 3 - '416 Dkt. 601, #4 Exhibit 4 - '416 Dkt. 718, #5 Exhibit 5 - '416 Dkts. 743, 635, and 25, #6 Exhibit 6 - '416 Dkt. 764, #7 Exhibit 7 - '416 Dkt. 765, #8 Exhibit 8 - '011 Dkt. 1, #9 Exhibit 9 - '011 Dkt. 1-1, #10 Exhibit 10 - '011 Dkt. 1-2, #11 Exhibit 11 - '011 Dkt. 9, #12 Exhibit 12 - '011 Dkt. 17, #13 Exhibit 13 - '011 Dkt. 21, #14 Exhibit 14 - '011 Dkt. 23, #15 Exhibit 15 - '011 Dkt. 24, #16 Exhibit 16 - '011 Dkt. 27, #17 Exhibit 17 - '011 Dkt. 27-1, #18 Exhibit 18 - '011 Dkt. 30, #19 Exhibit 19 - '011 Dkt. 76, #20 Exhibit 20 - '011 Dkt. 77, #21 Exhibit 21 - '011 Dkt. 145, #22 Exhibit 22 - '011 Dkt. 298, #23 Exhibit 23 - '011 Dkt. 321, #24 Exhibit 24 - '011 Dkt. 340, #25 Exhibit 25 - '011 Dkt. 362, #26 Exhibit 26 - '011 Dkt. 374, #27 Exhibit 27 - '011 Dkt. 376, #28 Exhibit 28 - '011 Dkt. 395, #29 Exhibit 29 - '011 Dkt. 397)(Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 51 Notice of Filing of Patent/Trademark Form (AO 120) at termination of case. AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (nkl, ) [Transferred from Texas Eastern on 3/27/2020.] |
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Filing 50
***VACATED as per #56 USCA-FEDERAL CIRCUIT Judgment & Opinion, and #57 USCA-FEDERAL CIRCUIT MANDATE*** MEMORANDUM OPINION AND ORDER. Signed by Judge Rodney Gilstrap on 9/2/2016. (nkl, ) Modified on 6/19/2018 (dlc, ). [Transferred from Texas Eastern on 3/27/2020.]
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| Filing 49 RESPONSE to #47 Notice (Other), Google's Objection to SimpleAir's Notice of Authority filed by Google Inc.. (Clark, Michelle) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 48 NOTICE by SimpleAir, Inc. of Federal Circuit Order Denying En Banc Petition (Attachments: #1 Exhibit Order)(DeRieux, Elizabeth) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 47 NOTICE by SimpleAir, Inc. re #17 MOTION to Dismiss Defendant Google Inc.'s Corrected Motion to Dismiss (Notice of Authority) (Attachments: #1 Exhibit 1: Ferring terminal disclaimer, #2 Exhibit 2: Trading Tech terminal disclaimer)(Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
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Filing 46
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7/19/16 (Motion Hearing) before Judge Rodney Gilstrap. Court Reporter/Transcriber: Shelly Holmes, CSR-TCRR,Telephone number: (903) 923-7464 (Shelly_Holmes@txed.uscourts.gov). < Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/25/2016. Redacted Transcript Deadline set for 9/2/2016. Release of Transcript Restriction set for 10/31/2016. (sholmes, ) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 45 Joint Motion for Entry of Agreed Protective order by Google Inc.. (Attachments: #1 Proposed Protective Order, #2 Exhibit 1)(Clark, Michelle) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 44 RESPONSE to #42 Notice (Other) GOOGLE INC.S OBJECTION RE: SIMPLEAIRS NOTICE REGARDING DISPUTED DISCOVERY ORDER (DKT. NO. 42) filed by Google Inc.. (Clark, Michelle) [Transferred from Texas Eastern on 3/27/2020.] |
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Filing 43
AMENDED DOCKET CONTROL/SCHEDULING ORDER:( Pretrial Conference set for 9/4/2017 09:00 AM in Ctrm 106 (Marshall) before Judge Rodney Gilstrap., Amended Pleadings due by 12/13/2016., Jury Selection set for 10/2/2017 09:00 AM in Ctrm 106 (Marshall) before Judge Rodney Gilstrap., Mediation Completion due by 5/1/2017., Markman Hearing set for 2/28/2017 01:30 PM in Ctrm 106 (Marshall) before Judge Rodney Gilstrap., Proposed Pretrial Order due by 8/28/2017.), re: #41 Joint MOTION to Amend/Correct Docket Control Order (one date/one week: filing of protective order) filed by SimpleAir, Inc... Signed by Judge Rodney Gilstrap on 7/21/2016. (sm, ) [Transferred from Texas Eastern on 3/27/2020.]
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| Filing 42 NOTICE by SimpleAir, Inc. re #35 Joint MOTION to Resolve Disputes and Enter Discovery Order (Attachments: #1 Exhibit 1: Google's disclosures)(Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 41 Joint MOTION to Amend/Correct Docket Control Order (one date/one week: filing of protective order) by SimpleAir, Inc.. (Attachments: #1 Text of Proposed Order Amended DCO)(Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 40 Minute Entry for proceedings held before Judge Rodney Gilstrap: Motion Hearing held on 7/19/2016 re #35 Joint MOTION to Resolve Disputes and Enter Discovery Order filed by SimpleAir, Inc., #17 MOTION to Dismiss Defendant Google Inc.'s Corrected Motion to Dismiss filed by Google Inc.. (Court Reporter Shelly Holmes, CSR-TCRR.) (Attachments: #1 Attorney Attendance Sheet) (jml) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 39 NOTICE of Attorney Appearance by Sidney Calvin Capshaw, III on behalf of SimpleAir, Inc. (Capshaw, Sidney) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 38 NOTICE of Attorney Appearance by Jordan R Jaffe on behalf of Google Inc. (Jaffe, Jordan) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 37 NOTICE of Attorney Appearance - Pro Hac Vice by Lindsay M Cooper on behalf of Google Inc.. Filing fee $ 100, receipt number 0540-5837845. (Cooper, Lindsay) [Transferred from Texas Eastern on 3/27/2020.] |
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Filing 36
DOCKET CONTROL ORDER. Mediation Completion due by 5/1/2017. Jury Selection set for 10/2/2017 09:00AM before Judge Rodney Gilstrap. Claim Construction/Markman Hearing set for 2/28/2017 01:30 PM before Judge Rodney Gilstrap. Pretrial Conference set for 9/5/2017 09:00 AM before Judge Rodney Gilstrap. Signed by Judge Rodney Gilstrap on 07/15/16. (mll, ) [Transferred from Texas Eastern on 3/27/2020.]
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| Filing 35 Joint MOTION to Resolve Disputes and Enter Discovery Order by SimpleAir, Inc.. (Attachments: #1 Text of Proposed Order Disputed Discovery Order)(Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 34 Joint MOTION Entry of Agreed DCO by SimpleAir, Inc.. (Attachments: #1 Text of Proposed Order Agreed DCO)(Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 33 Additional Attachments to Main Document: #32 Notice (Other).. (Mann, James) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 32 NOTICE by Google Inc. of Relevant Determinations from Related Proceedings Pursuant to Court's May 28, 2015 Standing Order (Mann, James) [Transferred from Texas Eastern on 3/27/2020.] |
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Filing 31
ORDER REFERRING CASE to Mediator. David Folsom is hereby appointed as mediator in the above referenced case.. Signed by Judge Rodney Gilstrap on 07/06/2016. (nkl, ) [Transferred from Texas Eastern on 3/27/2020.]
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| Filing 30 NOTICE of Designation of Mediator, Judge Folsom, filed by SimpleAir, Inc.. (Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Minute Entry for proceedings held before Judge Rodney Gilstrap: Scheduling Conference held on 6/30/16. Counsel for the parties appeared and were asked if they consented to a trial before the United States Magistrate Judge. The Court then gave Markman and Jury Selection dates; deadlines for submitting Mediator names (3 days); and deadlines for submitting Agreed Scheduling and Discovery Orders (14 days). (Court Reporter Shelly Holmes, CSR-TCRR.)(jml) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 29 SUR-REPLY to Reply to Response to Motion re #17 MOTION to Dismiss Defendant Google Inc.'s Corrected Motion to Dismiss filed by SimpleAir, Inc.. (Attachments: #1 Exhibit 1: GM's red brief)(Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 28 NOTICE by SimpleAir, Inc. (Notice of Compliance with PR 3-1 and 3-2 and of Newly Released Infringing System) (Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 27 REPLY to Response to Motion re #17 MOTION to Dismiss Defendant Google Inc.'s Corrected Motion to Dismiss filed by Google Inc.. (Powell, Michael) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 26 NOTICE of Designation of Attorney in Charge to John Jeffrey Eichmann on behalf of SimpleAir, Inc. (Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 25 RESPONSE in Opposition re #17 MOTION to Dismiss Defendant Google Inc.'s Corrected Motion to Dismiss filed by SimpleAir, Inc.. (Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
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Filing 24
ORDER, ( Scheduling Conference set for 6/30/2016 01:30 PM in Ctrm 106 (Marshall) before Judge Rodney Gilstrap.) Signed by Judge Rodney Gilstrap on 6/3/16. (mrm, ) [Transferred from Texas Eastern on 3/27/2020.]
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| Filing 23 NOTICE of Attorney Appearance by James DuBois Judah on behalf of Google Inc. (Judah, James) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 22 NOTICE of Attorney Appearance by Joshua L Sohn on behalf of Google Inc. (Sohn, Joshua) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 21 NOTICE of Attorney Appearance by Deepa Acharya on behalf of Google Inc. (Acharya, Deepa) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 20 NOTICE of Attorney Appearance by Patrick Curran on behalf of Google Inc. (Curran, Patrick) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 19 NOTICE of Attorney Appearance by Michelle Ann Clark on behalf of Google Inc. (Clark, Michelle) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 18 NOTICE of Attorney Appearance by Charles Kramer Verhoeven on behalf of Google Inc. (Verhoeven, Charles) [Transferred from Texas Eastern on 3/27/2020.] |
| NOTICE of Hearing on Motion #17 MOTION to Dismiss Defendant Google Inc.'s Corrected Motion to Dismiss : Motion Hearing set for 7/19/2016 01:30 PM in Ctrm 106 (Marshall) before Judge Rodney Gilstrap. (jml) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 17 MOTION to Dismiss Defendant Google Inc.'s Corrected Motion to Dismiss by Google Inc.. Responses due by 5/30/2016 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Text of Proposed Order)(Powell, Michael) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 16 FILED IN ERROR PER ATTORNEY Additional Attachments to Main Document: #15 MOTION to Dismiss .. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P)(Powell, Michael) Modified on 5/17/2016 (nkl, ). [Transferred from Texas Eastern on 3/27/2020.] |
| ***FILED IN ERROR PER ATTORNEY. Document # 15 and 16, Motion to Dismiss and Additional Attachments to Main Document. PLEASE IGNORE.*** (nkl, ) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 15 FILED IN ERROR PER ATTORNEY MOTION to Dismiss by Google Inc.. Responses due by 5/30/2016 (Attachments: #1 Text of Proposed Order)(Powell, Michael) Modified on 5/17/2016 (nkl, ). [Transferred from Texas Eastern on 3/27/2020.] |
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Filing 14
ORDER granting #13 Motion to Adjust Briefing Schedule for Google's Motion to Dismiss. Signed by Judge Rodney Gilstrap on 05/16/2016. (nkl, ) [Transferred from Texas Eastern on 3/27/2020.]
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply to Google's forthcoming Motion to Dismiss by SimpleAir, Inc.. (Attachments: #1 Affidavit Eichmann declaration, #2 Text of Proposed Order proposed Order)(Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 12 NOTICE of Attorney Appearance by Gregory Blake Thompson on behalf of Google Inc. (Thompson, Gregory) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 11 NOTICE of Attorney Appearance by James Mark Mann on behalf of Google Inc. (Mann, James) [Transferred from Texas Eastern on 3/27/2020.] |
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Filing 10
ORDER granting in part and denying in part #9 Motion for Extension of Time to File. Signed by Judge Rodney Gilstrap on 04/29/2016. (nkl, ) [Transferred from Texas Eastern on 3/27/2020.]
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| Filing 9 Unopposed MOTION for Extension of Time to File Unopposed Motion for an Extension and to Set Briefing Schedule Regarding Google's Motion to Dismiss by Google Inc.. (Attachments: #1 Text of Proposed Order)(Powell, Michael) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 8 NOTICE of Attorney Appearance by Simon Carlo Franzini on behalf of SimpleAir, Inc. (Franzini, Simon) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 7 SUMMONS Returned Executed by SimpleAir, Inc.. Google Inc. served on 4/11/2016, answer due 5/2/2016. (nkl, ) [Transferred from Texas Eastern on 3/27/2020.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ch, ) [Transferred from Texas Eastern on 3/27/2020.] |
| Case assigned to Judge Rodney Gilstrap. (ch, ) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 6 SUMMONS Issued as to Google Inc. c/o Corporation Service Company. (nkl, ) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 5 NOTICE of Attorney Appearance by Elizabeth L DeRieux on behalf of SimpleAir, Inc. (DeRieux, Elizabeth) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 4 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 3 DEMAND for Trial by Jury by SimpleAir, Inc.. (Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by SimpleAir, Inc. (Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
| Filing 1 COMPLAINT for Patent Infringement against Google Inc. ( Filing fee $ 400 receipt number 0540-5696054.), filed by SimpleAir, Inc.. (Attachments: #1 Exhibit 1 - '048 Patent, #2 Exhibit 2 - '838 Paent, #3 Civil Cover Sheet)(Eichmann, John) [Transferred from Texas Eastern on 3/27/2020.] |
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