MRSI Systems, LLC v. Palomar Technologies, Inc.
MRSI Systems, LLC |
Palomar Technologies, Inc. |
3:2019cv02344 |
December 9, 2019 |
US District Court for the Southern District of California |
Cynthia Bashant |
Roger T Benitez |
Jill L Burkhardt |
Patent |
35 U.S.C. § 0271 |
Plaintiff |
Docket Report
This docket was last retrieved on December 8, 2020. A more recent docket listing may be available from PACER.
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Filing 55 REPORT of Patent and Trademark Closing, regarding patent and/or trademark number(s) 7,324,710, 7,109,510, 9,032,611, 9,648,795, re #54 Order on Motion to Dismiss. cc:USPTO (rmc) |
Filing 54 ORDER Granting #52 Joint Motion to Dismiss. The Court dismisses the action in its entirety with prejudice, and each party shall bear its own costs and attorneys fees. Signed by Judge Roger T. Benitez on 12/8/2020. (mme)(jrd) |
Filing 53 MINUTE ORDER issued by the Honorable Roger T. Benitez: In light of the filing of #52 Joint MOTION to Dismiss With Prejudice, the Court hereby vacates the Settlement Conference date of 12/9/2020.(no document attached) (gxr) |
Filing 52 Joint MOTION to Dismiss With Prejudice by MRSI Systems, LLC. (Gearing, Brian) (mme). |
Filing 51 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11/23/2020 before Judge Roger T. Benitez. Court Reporter/Transcriber: Ellen L. Simone. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 12/22/2020. Redacted Transcript Deadline set for 1/4/2021. Release of Transcript Restriction set for 3/1/2021. (akr) |
Filing 50 Minute Entry for proceedings held before Judge Roger T. Benitez: Telephonic Status Conference held on 11/23/2020. The Court grants-in-part the Parties Joint Motion for Extension of Time to File a Joint Dismissal. A Joint Motion for Dismissal or Stipulation of Dismissal shall be electronically filed on or before December 7, 2020. If the Parties elect to file a Joint Motion for Dismissal, a proposed order for dismissal shall be e-mailed to the chambers of the Honorable Roger T. Benitez the same day. If a Joint Motion for Dismissal or Stipulation of Dismissal are not submitted on or before December 7, 2020, an in-person settlement conference will be held on Wednesday, December 9, 2020, at 2:30 PM, in Courtroom 5A before Judge Roger T. Benitez. All Counsel and parties or party representatives with full settlement authority shall appear in person for the settlement conference. (Court Reporter Ellen Simone). (Plaintiff Attorney Brian Paul Gearing, Ali H.K. Tehrani). (Defendant Attorney Jan Patrick Weir, Katherine Brandt). (no document attached) (gxr) |
Filing 49 NOTICE of Hearing: Telephonic Status Conference set for 11/23/2020 02:30 PM in Courtroom 5A before Judge Roger T. Benitez. Parties are to use the following dial-in information: (866)434-5269; ACCESS CODE:5877929.(no document attached) (gxr) |
Filing 48 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt re ECF No. #43 : Telephonic, counsel-only Settlement Disposition Conference held on 11/20/2020. (Plaintiff Attorney Brian P. Gearing; Ali H.K. Tehrani) (Defendant Attorney Jan P. Weir; Kathrine J. Brandt) (no document attached) (mjg) |
Filing 47 MINUTE ORDER issued by the Honorable Roger T. Benitez: DENYING #46 Joint MOTION for Extension of Time to File a Joint Dismissal, and to Continue the Settlement Disposition Conference. A Settlement Disposition Conference will proceed per ECF No. 43. If a Joint Motion of Dismissal is not filed by November 20, 2020, a telephonic status conference will be held on Monday, November 23, 2020, at 2:30 PM before Judge Roger T. Benitez. Call-in information will be provided if telephonic status conference is to be held. (no document attached) (gxr) |
Filing 46 Joint MOTION for Extension of Time to File a Joint Dismissal, and to Continue the Settlement Disposition Conference by MRSI Systems, LLC. (Gearing, Brian) (mme). |
Filing 45 NOTICE of Settlement in Principle and Stipulation to Stay the Case by MRSI Systems, LLC (Gearing, Brian) (mme). |
Filing 44 Minute Order issued by the Honorable Roger T. Benitez: Submitting #33 MOTION to Dismiss for Failure to State a Claim . Court to issue written Order. Motion Hearing date of 11/2/2020 is hereby vacated. (no document attached) (gxr) |
Filing 43 Minute Order by Magistrate Judge Jill L. Burkhardt: On September 30, 2020, the Court held an Early Neutral Evaluation Conference.The case settled. IT IS HEREBY ORDERED: 1. A Joint Motion for Dismissal shall be electronically filed on or before November 18, 2020.1 On the same day the Joint Motion for Dismissal is filed, the proposed order for dismissal, for the signature of the Honorable Roger T. Benitez, shall be e-mailed to the chambers of the Honorable Roger T. Benitez. 2. If a Joint Motion for Dismissal and proposed order for dismissal are not submitted on or before November 18, 2020, then a telephonic, counsel-only Settlement Disposition Conference shall be held on November 20, 2020, at 2:30 PM before Magistrate Judge Jill L. Burkhardt. 3. If a Joint Motion for Dismissal and proposed order for dismissal are receivedon or before November 18, 2020, the Settlement Disposition Conferenceshall be vacated without further court order.(mme) (mme). Modified on 11/20/2020 to attach order (mme). |
Filing 42 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt re ECF No. #30 : Early Neutral Evaluation Conference held on 9/30/2020 by video conference. The case settled. Order to follow. (Plaintiff Attorney Brian P. Gearing; Ali H.K. Tehrani) (Defendant Attorney Jan P. Weir; Kathrine Brandt) (Michael Chalsen; Carl Hempel; Daniel Evans) (no document attached) (mjg) |
Filing 41 ORDER Denying the Pro Hac Vice Application of Joshua M. Rychlinski (Re: ECF No. #38 Request to Appear Pro Hac Vice). Signed by Judge Roger T. Benitez on 9/29/2020.(jrd) |
Filing 40 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: An e-mail from each party providing contact information in advance of the ENE was due to the Court no later than 9/28/2020. (ECF No. #30 .) The Court is not in receipt of an e-mail from Defendant. Accordingly, no later than 9/30/2020, at 9:00 AM, Defendant shall e-mail the Court with the contact information required by paragraph 5 of the Mandatory Directions for Zoom Video Conference Participation, which is attached to the Court's 8/11/2020 Order (ECF No. #30 ). (no document attached) (mjg) |
Filing 39 RESPONSE re #37 Notice (Other) in Opposition to Palomar's Memorandum for Bifurcated Early Claim Construction Proceedings filed by MRSI Systems, LLC. (Gearing, Brian) (mme). |
Filing 38 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-14583604.) (Application to be reviewed by Clerk.) (Rychlinski, Joshua) (rmc). |
Filing 37 NOTICE Memorandum In Support of Early Claim Construction for Case Management Conference by Palomar Technologies, Inc. (Weir, Jan) (mme). |
Filing 36 MINUTE ORDER for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic, counsel-only Status Conference held on 9/23/2020 re ECF No. 32. As provided during the Conference, any motion by Defendant requesting the scheduling of an early claim construction hearing shall be filed no later than 12:00 PM, on 9/25/2020, and any response by Plaintiff shall be filed no later than 12:00 PM, on 9/29/2020. (Plaintiff Attorney Ali H.K. Tehrani; Brian P. Gearing) (Defendant Attorney Jan P. Weir; Kathrine J. Brandt) (no document attached) (mjg) |
Filing 35 JOINT DISCOVERY PLAN by MRSI Systems, LLC re #30 Notice and Order for Early Neutral Evaluation conference, (Gearing, Brian) (mme). |
Filing 34 NOTICE of Appearance of Kathrine Brandt by Jan Patrick Weir on behalf of Palomar Technologies, Inc. (Weir, Jan) (mme). |
Filing 33 MOTION to Dismiss for Failure to State a Claim by Palomar Technologies, Inc.. (Attachments: #1 Memo of Points and Authorities)(Weir, Jan) (mme). |
Filing 32 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: The Court hereby SETS a telephonic, counsel-only Status Conference for 9/23/2020, at 9:00 AM regarding the parties' joint voicemail message left with Judge Burkhardt's chambers on 9/10/2020. For purposes of the Status Conference, all participating counsel shall call the Court's teleconference line at (877) 873-8018 and use access code 9930765. (no document attached) (mjg) |
Filing 31 ANSWER to #29 Answer to Complaint, Counterclaim , COUNTERCLAIM against Palomar Technologies, Inc. by MRSI Systems, LLC.(Gearing, Brian) (mme). |
Filing 30 NOTICE AND ORDER: (1) For Early Neutral Evaluation Conference; and (2) Setting Rule 26 Compliance and Case Management Conference.Early Neutral Evaluation set for 9/30/2020 01:45 PM before Magistrate Judge Jill L. Burkhardt. Case Management Conference set for 9/30/2020 01:45 PM before Magistrate Judge Jill L. Burkhardt. Joint Discovery Plan due 9/21/2020. Signed by Magistrate Judge Jill L. Burkhardt on 8/11/2020.(mme)(jrd) |
Filing 29 ANSWER to #1 Complaint,, with Jury Demand , COUNTERCLAIM against All Plaintiffs by Palomar Technologies, Inc..(Weir, Jan) (mme). |
Filing 28 ORDER Denying #20 Motion to Dismiss. Signed by Judge Roger T. Benitez on 7/22/2020. (mme) |
Filing 27 NOTICE of Withdrawal of John S. Gibson by MRSI Systems, LLC (Gearing, Brian) (mme). |
Filing 26 MINUTE ORDER issued by the Honorable Roger T. Benitez: Submitting #20 MOTION to Dismiss Under 12(b)(6). Court to issue written Order. Motion Hearing date of 3/16/2020 is hereby vacated.(no document attached) (gxr) |
Filing 25 REPLY to Response to Motion re #20 MOTION to Dismiss Under 12(b)(6) filed by Palomar Technologies, Inc. (Weir, Jan) (tcf). |
Filing 24 RESPONSE in Opposition re #20 MOTION to Dismiss Under 12(b)(6) filed by MRSI Systems, LLC. (Gearing, Brian) (mme). |
Filing 23 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic, counsel-only Discovery Conference held on 2/26/2020 re ECF No. 22. (Plaintiff Attorney Benjamin Christoff; Ali H.K. Tehrani; Brian P. Gearing) (Defendant Attorney Jan P. Weir; Katherine Brandt) (no document attached) (mjg) |
Filing 22 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: On 2/19/2020, counsel for the parties left a joint voicemail message with Judge Burkhardt's chambers requesting the Court's assistance with a dispute regarding the timing of the Fed. R. Civ. P. 26(f) conference. The Court hereby SETS a telephonic, counsel-only Discovery Conference for 2/26/2020, at 11:00 AM before Judge Burkhardt. For purposes of the Conference, counsel shall place a joint call to Judge Burkhardt's chambers with all participating counsel already on the line. (no document attached) (mjg) |
Filing 21 NOTICE of Change of Hearing on #20 MOTION to Dismiss Under 12(b)(6): Motion Hearing reset for 3/16/2020 10:30 AM in Courtroom 5A before Judge Roger T. Benitez. (no document attached) (gxr) |
Filing 20 MOTION to Dismiss Under 12(b)(6) by Palomar Technologies, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Kathrine Brandt, #3 Exhibit 1-20)(Weir, Jan) (mme). |
Filing 19 ORDER Approving the Pro Hac Vice Application of Ali H.K. Tehrani, re #16 Request to Appear Pro Hac Vice. Signed by Judge Roger T. Benitez on 1/23/2020.(rmc) |
Filing 18 ORDER Approving the Pro Hac Vice Application of Benjamin Joseph Christoff, re #17 Request to Appear Pro Hac Vice. Signed by Judge Roger T. Benitez on 1/19/2020.(rmc) |
Filing 17 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-13362951.) (Application to be reviewed by Clerk.) (Christoff, Benjamin) (rmc). |
Filing 16 Request to Appear Pro Hac Vice, Filing fee received: $ 206 receipt number 0974-13361693. (Application to be reviewed by Clerk.) (Tehrani, Ali) Modified on 1/13/2020 to reflect payment made (mme). (rmc). |
Filing 15 ORDER Granting #12 Unopposed Motion for Extension. Palomar Technologies, Inc. answer due 2/7/2020. Signed by Judge Roger T. Benitez on 1/8/2020. (mme) |
Filing 14 ORDER Approving the Pro Hac Vice Application of Zachary Ian Ruby, re #9 Request to Appear Pro Hac Vice. Signed by Judge Roger T. Benitez on 1/6/2020.(rmc) |
Filing 13 ORDER Approving the Pro Hac Vice Application of Brian Paul Gearing, re #8 Request to Appear Pro Hac Vice. Signed by Judge Roger T. Benitez on 1/6/2020.(rmc) |
Filing 12 MOTION for Extension of Time to File Answer re #1 Complaint,, Unopposed, by Palomar Technologies, Inc.. (Weir, Jan)Attorney Jan Patrick Weir added to party Palomar Technologies, Inc.(pty:dft) (mme). |
Filing 11 SUMMONS Returned Executed by MRSI Systems, LLC. Palomar Technologies, Inc. served. (Attachments: #1 Proof of Service of Summons and Complaint)(Gibson, John) (mme). |
Filing 10 Summons Returned Executed by MRSI Systems, LLC as to Palomar Technologies, Inc.. (Attachments: #1 Proof of Service of Summons and Complaint)(Gibson, John) Modified on 12/26/2019 to reflect complaint and summons were served (mme). |
Filing 9 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-13281499.) (Application to be reviewed by Clerk.) (Ruby, Zach) (dsn) |
Filing 8 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-13281444.) (Application to be reviewed by Clerk.) (Gearing, Brian) (dsn) |
Filing 7 NOTICE of Appearance by Kainoa Asuega on behalf of MRSI Systems, LLC (Asuega, Kainoa)Attorney Kainoa Asuega added to party MRSI Systems, LLC(pty:pla) (mme). |
Filing 6 MINUTE ORDER. Judge Cynthia Bashant has declined assignment pursuant to General Order 598. Case reassigned to Judge Roger T. Benitez for all further proceedings. The new case number is 19cv2344 BEN (JLB).(no document attached) (jcj) |
Filing 5 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (smd) |
Filing 4 Corporate Disclosure Statement by MRSI Systems, LLC identifying Corporate Parent Mycronic AB (publ) for MRSI Systems, LLC.. (smd) |
Filing 3 NOTICE of Party With Financial Interest by MRSI Systems, LLC. Identifying Corporate Parent Mycronic AB (publ) for MRSI Systems, LLC. (smd) |
Filing 2 REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *7,324,710*, *7,109,510*, *9,032,611*, *9,648,795* cc:USPTO (smd) |
Filing 1 COMPLAINT with Jury Demand against Palomar Technologies, Inc. ( Filing fee $ 400 receipt number 0974-13248203.), filed by MRSI Systems, LLC. (Attachments: #1 Civil Cover Sheet, #2 Appendix, #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)The new case number is 3:19-cv-2344-BAS-JLB. Judge Cynthia Bashant and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Gibson, John)(smd) (sjt). |
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