Voip-Pal.com, Inc. v. Twitter, Inc.
| Voip-Pal.com, Inc. |
| Twitter Inc. |
| 5:2018cv04523 |
| July 26, 2018 |
| US District Court for the Northern District of California |
| Virginia K DeMarchi |
| Lucy H Koh |
| Joseph C Spero |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 26, 2018. A more recent docket listing may be available from PACER.
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| Filing 43 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/19/2018. Initial Case Management Conference set for 10/26/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor. (gbaS, COURT STAFF) (Filed on 7/26/2018) |
| Filing 42 Case transferred in from District of Nevada; Case Number 2:16-cv-02338. Original file certified copy of transfer order and docket sheet received. |
Filing 41
ORDER. IT IS ORDERED that #27 Defendant's Motion to Change Venue is GRANTED. IT IS FURTHER ORDERED that 38 Defendant's Motion to Seal is GRANTED. IT IS FURTHER ORDERED that this case is transferred to the United States District Court for the Northern District of California. The Clerk of Court shall close this case in this district. Signed by Judge Richard F. Boulware, II on 7/23/2018. (Copies have been distributed pursuant to the NEF - ADR)
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| Filing 39 DECLARATION re #27 Motion to Change Venue,,,,,, by Defendant Twitter, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Regions Zones, #3 Exhibit 2 - Locations, #4 Exhibit 3 - Regions and Availability Zones, #5 Exhibit 4 - Global Infrastructure) (Lee, Gene) |
| Filing 37 MINUTES OF PROCEEDINGS - Motion Hearing held on 7/6/2018 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Kevin Malek, Esq., Adam Knech, Esq.; Def Counsel: Gene Lee, Esq.; Time of Hearing: 2:08 PM - 3:03 PM; Electronic Court Recorder Operator: A. Kamaka; Recording start and end times: 2:08:11 PM 3:03:22 PM; Courtroom: 7C.The Court makes preliminary statements and hears representations from counsel regarding the #27 Motion for Change of Venue. For the reasons stated on the record at the hearing, IT IS ORDERED that Twitter's supplement with sworn declaration to #27 Motion is due two weeks from this day, answering the following inquiry: Does Twitter have any physical equipment or lease any space in Nevada, including space for data storage, or other support equipment/hardware. This also includes data storage space leased from another company where the server or hardware storing Twitter's data is located in Nevada. If the answer to this inquiry is in the affirmative, Twitter shall include in the supplement information quantifying or describing the role of such equipment in supporting Twitter's overall online business at issue in this case. IT IS FURTHER ORDERED that Twitter's supplement may be filed under seal if it contents confidential information. It must still be disclosed to the Plaintiff. If the supplement is filed under seal, the parties may not disclose the contents of the supplement to anyone other than those involved with the parties' respective litigation teams. IT IS FURTHER ORDERED that the discovery schedule is stayed pending the Court's resolution of the pending motion. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 36 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 6/28/2018. IT IS ORDERED that a hearing regarding #27 MOTION to Change Venue is set for July 6, 2018 at 2:00 PM in LV Courtroom 7C before Judge Richard F. Boulware, II. A hearing is set July 6, 2018. Counsel for the parties are ordered to appear at this hearing. Failure to appear at the scheduled hearing time may result in the imposition of sanctions, including but not limited to monetary sanctions, granting of the opposing party's motion or case-dispositive sanctions. Each party shall have three days to notify the Courtroom Administrator by email at blanca_lenzi@nvd.uscourts.gov if unable to attend and propose an alternative hearing time after consulting with opposing counsel.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 35 NOTICE Letter to Court regarding Status of Motion to Transfer by Twitter, Inc. re #27 Motion to Change Venue,,,,,,. (Lee, Gene) |
| Filing 34 RESPONSE to #33 Notice of Related Cases by Defendant Twitter, Inc.. (Lee, Gene) |
| Filing 33 NOTICE OF RELATED CASES 2:16-cv-00260-RFB-VCF AND 2:16-cv-00271-RCJ-VCF by Plaintiff Voip-Pal.com, Inc.. (Bonds, Kurt) |
| Filing 32 REPLY to Response to #27 Motion to Change Venue,,,,,, by Defendant Twitter, Inc.. (Lee, Gene) |
| Filing 31 RESPONSE to #27 Motion to Change Venue,,,,,, by Plaintiff Voip-Pal.com, Inc.. Replies due by 3/21/2018. (Attachments: #1 Exhibit)(Bonds, Kurt) |
| Filing 30 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take 3 days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (ADR) |
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Filing 29
SCHEDULING ORDER Re: #28 Proposed Discovery Plan/Scheduling Order. See Order for deadlines. Signed by Magistrate Judge Carl W. Hoffman on 3/13/2018. (Copies have been distributed pursuant to the NEF - ADR)
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| Filing 28 PROPOSED Discovery Plan/Scheduling Order by Defendant Twitter, Inc. (Lee, Gene) |
| Filing 27 MOTION to Change Venue. Responses due by 3/14/2018. (Attachments: #1 Declaration of Rachel Noble, #2 Exhibit A - Screenshot from the State of Delaware Department of State website, #3 Declaration of Sarah Stahnke, #4 Exhibit 1 - Q & A for VoIP-Pal.com Legal Action, #5 Exhibit 2 - Nevada Secretary of State Business Record for VoIP-Pal.com, Inc., #6 Exhibit 3 - "Our Team" page of VoIP-Pal's website, #7 Exhibit 4 - Colin Tucker executive profile, #8 Exhibit 5 - Emil Malak executive profile, #9 Exhibit 6 - Dennis Chang executive profile, #10 Exhibit 7 - Edwin Candy executive profile, #11 Exhibit 8 - Ryan Thomas executive profile, #12 Exhibit 9 - D. Barry Lee executive profile, #13 Exhibit 10 - Bloomberg's private company information for VoIP-Pal.com, Inc., #14 Exhibit 11 - Bloomberg's profile and biography listing for Emil Malak, #15 Exhibit 12 - Bloomberg's profile and biography listing for Dennis Chang, #16 Exhibit 13 - Bloomberg's profile and biography listing for D. Barry Lee, #17 Exhibit 14 - LinkedIn profile of Ray Leon, #18 Exhibit 15 - LinkedIn profile of Dr. Pentti Huttunen, #19 Exhibit 16 - LinkedIn profile of Alex Krapyvny, #20 Exhibit 17 - LinkedIn profile of Clay Perrault, #21 Exhibit 18 - LinkedIn profile of Steve Nicholson, #22 Exhibit 19 - LinkedIn profile of Rod Thomson, #23 Exhibit 20 - LinkedIn profile of JEV Bjorsell, #24 Exhibit 21 - LinkedIn profile of Fuad Arafa) (Lee, Gene) |
| Filing 26 CERTIFICATE of Interested Parties by Twitter, Inc.. There are no known interested parties other than those participating in the case (Lee, Gene) |
| Filing 25 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 2/27/2018. IT IS ORDERED that the parties' #13 Request for Case stay is LIFTED. IT IS FURTHER ORDERED that a Proposed Joint Pretrial Order is due by 3/12/2018.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
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Filing 24
ORDER Granting #23 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Kevin N. Malek for Voip-Pal.com, Inc. and approving Designation of Local Counsel Kurt R. Bonds. Signed by Judge Richard F. Boulware, II on 2/22/2018. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - ADR)
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| Filing 23 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Kevin N. Malek and DESIGNATION of Local Counsel Kurt R. Bonds (Filing fee $ 250 receipt number 0978-4976999) by Plaintiff Voip-Pal.com, Inc.. (Bonds, Kurt) |
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Filing 22
ORDER Granting #18 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Sarah Elizabeth Stahnke and approving Designation of Local Counsel Michael D. Rounds. Signed by Judge Richard F. Boulware, II on 2/5/2018. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - ADR)
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Filing 21
ORDER Granting #17 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Thomas V Matthew and approving Designation of Local Counsel Michael D. Rounds. Signed by Judge Richard F. Boulware, II on 2/5/2018. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - ADR)
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Filing 20
ORDER Granting #16 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Amisha Kamlesh Manek and approving Designation of Local Counsel Michael D Rounds. Signed by Judge Richard F. Boulware, II on 2/5/2018. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - ADR)
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Filing 19
ORDER Granting #15 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Gene W. Lee and approving Designation of Local Counsel Michael D Rounds. Signed by Judge Richard F. Boulware, II on 2/5/2018. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - ADR)
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| Filing 18 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Sarah Elizabeth Stahnke and DESIGNATION of Local Counsel Michael D. Rounds (Filing fee $ 250 receipt number 0978-4954883) by Defendant Twitter, Inc.. (Rounds, Michael) |
| Filing 17 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Thomas V. Matthew and DESIGNATION of Local Counsel Michael D. Rounds (Filing fee $ 250 receipt number 0978-4954879) by Defendant Twitter, Inc.. (Rounds, Michael) |
| Filing 16 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Amisha Kamlesh Manek and DESIGNATION of Local Counsel Michael D. Rounds (Filing fee $ 250 receipt number 0978-4954870) by Defendant Twitter, Inc.. (Rounds, Michael) |
| Filing 15 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Gene W. Lee and DESIGNATION of Local Counsel Michael D. Rounds (Filing fee $ 250 receipt number 0978-4954794) by Defendant Twitter, Inc.. (Rounds, Michael) |
| Filing 14 NOTICE of Corrected Image/Document re #13 Status Report by Plaintiff Voip-Pal.com, Inc.. (Service of corrected image is attached.) (Bonds, Kurt) |
| Filing 13 Joint STATUS REPORT by Plaintiff Voip-Pal.com, Inc. (Bonds, Kurt) Corrected image #14 added on 1/26/2018. (EDS). |
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Filing 12
ORDER Granting #10 Stipulation to Stay. Joint Status Report due by 1/26/2018. Signed by Judge Richard F. Boulware, II on 1/31/17. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 11 CERTIFICATE of Interested Parties filed by Twitter, Inc.. There are no known interested parties other than those participating in the case . (Rounds, Michael) |
| Filing 10 STIPULATION to Stay by Plaintiff Voip-Pal.com, Inc. (Knecht, Adam) |
| Filing 9 NOTICE of Appearance by attorney Michael D Rounds on behalf of Defendant Twitter, Inc.. (Rounds, Michael) |
| Filing 8 SUMMONS Returned Executed by Voip-Pal.com, Inc. re #6 Summons Issued. Twitter, Inc. served on 1/4/2017, answer due 1/25/2017. (Knecht, Adam) |
| Filing 7 NOTICE of intent to dismiss pursuant to FRCP 4(m). The Complaint in this action was filed on 10/6/2016. To date no proper proof of service has been filed as to Twitter, Inc. FRCP 4(m) dismissal deadline set for 2/9/2017. (Copies have been distributed pursuant to the NEF - EDS) |
| Filing 6 Summons Issued as to Twitter, Inc. re #1 Complaint. (ADR) |
| Filing 5 PROPOSED SUMMONS to be issued Twitter, Inc, filed by Plaintiff Voip-Pal.com, Inc.. (Bonds, Kurt) |
| Filing 4 NOTICE: Attorney Action Required re: Proposed Summons attached to #1 Complaint. ERROR: Summons not issued as party listed on summons is not a named defendant. CORRECTION: Pursuant to FRCP 4 summons are issued for each named defendant to be served. Attorney Kurt Bonds advised to download and complete updated "AO 440 (Rev. 06/12) Summons in a Civil Action" form from Court's Website www.nvd.uscourts.gov; listing a named defendant and refile as a separate event using "Proposed Summons to be Issued" event.(EDS) |
| Filing 3 AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (Attachments: #1 Complaint) (ADR) |
| Filing 2 CERTIFICATE of Interested Parties filed by Voip-Pal.com, Inc.. There are no known interested parties other than those participating in the case . (Bonds, Kurt) |
| Filing 1 COMPLAINT against TWITTER, INC. (Filing fee $400 receipt number 0978-4314667), filed by Voip-Pal.com, Inc.. Proof of service due by 1/4/2017. (Attachments: #1 Index Table of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Index Chart 1 of Exhibit D, #7 Index Chart 2 of Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Civil Cover Sheet, #11 Summons)(Bonds, Kurt) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Case assigned to Judge Richard F. Boulware, II and Magistrate Judge Carl W. Hoffman. Nature of Suit: 830 Patent Case (ADR) |
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