Selex ES Inc. v. NDI Technologies, Inc.
| Selex ES Inc. |
| NDI Technologies, Inc. doing business as NDA Recognition Systems |
| Matulis Mediation | Arbitration |
| NDI Technologies, Inc. |
| 6:2022cv00690 |
| April 11, 2022 |
| US District Court for the Middle District of Florida |
| Roy B Dalton |
| Embry J Kidd |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on June 9, 2022. A more recent docket listing may be available from PACER.
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Filing 54
CASE MANAGEMENT AND SCHEDULING ORDER: (PATENT CASE) Amended Pleadings due by 7/25/2022 Discovery due by 6/9/2023 Dispositive motions due by 9/8/2023 Pretrial statement due by 2/20/2024 All other motions due by 3/5/2024 Plaintiff disclosure of expert report due by 4/10/2023 Defendant disclosure of expert report due by 5/10/2023 Final Pretrial Conference set for 3/21/2024 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Jury Trial set for trial term commencing 4/1/2024 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr.. Conduct mediation hearing by 10/26/2022. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 6/9/2022. (YG)
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| Filing 53 NOTICE of Compliance by Selex ES Inc. re #36 Case Management Report (Mountford, Derek) Modified text on 6/9/2022 (LDJ). |
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Filing 52
ENDORSED ORDER. If the parties wish the Court to enter a Rule 502(d) order (see Doc. #36, p. 9), they should file a separate motion seeking such relief -- but they should keep in mind that the Court disfavors entering typical stipulated confidentiality orders per the standard Case Management and Scheduling Order. Signed by Judge Roy B. Dalton, Jr. on 6/6/2022. (LLM)
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| Filing 51 REPLY to #45 Counterclaim by Selex ES Inc. (Morrow, John) Modified text on 5/26/2022 (LDJ). |
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Filing 50
ORDER granting #49 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 5/25/2022. (IRM)
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| FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-19609634 for $150 paid. Special Admission for Non-Resident Attorney James E. Dority. (Mountford, Derek) |
| Filing 49 Unopposed MOTION for James E. Dority to appear pro hac vice by Selex ES Inc.. (Mountford, Derek) |
| Filing 48 NOTICE of Mediator's Appearance by James Michael Matulis on behalf of Matulis Mediation | Arbitration (Matulis, James) |
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Filing 47
ENDORSED ORDER granting #46 Motion to Withdraw Attorney Minnie Kim as Counsel of Record for Selex Es Inc. Attorney Kim is hereby withdrawn from the case. Signed by Magistrate Judge Embry J. Kidd on 5/17/2022. (IRM)
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| Filing 46 MOTION for Minnie Kim to Withdraw as Attorney by Selex ES Inc.. (Morrow, John) |
| Filing 45 ANSWER and affirmative defenses to #1 Complaint with Jury Demand , COUNTERCLAIM against Selex ES Inc. by NDI Technologies, Inc..(Gilchrist, Brian) |
| Filing 44 AMENDED COMPLAINT against Selex ES Inc. with Jury Demand. filed by Selex ES Inc.. (Attachments: #1 Exhibit A)(Mountford, Derek) |
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Filing 43
ENDORSED ORDER granting #42 Motion to Amend. Plaintiff is DIRECTED to immediately file the proposed amended complaint as a separate docket entry. Signed by Judge Roy B. Dalton, Jr. on 5/1/2022. (LLM)
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| Filing 42 Unopposed MOTION to Amend #9 Amended Complaint by Selex ES Inc.. (Attachments: #1 Exhibit Second Amended Complaint)(Mountford, Derek) |
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Filing 41
ENDORSED ORDER granting #40 Motion to Withdraw Attorney Joshua M. Hiller as Counsel of Record for Defendant. Attorney Hiller is hereby withdrawn from the case. Signed by Magistrate Judge Embry J. Kidd on 4/29/2022. (IRM)
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| Filing 40 MOTION for Joshua Hiller to Withdraw as Attorney by NDI Technologies, Inc.. (McKinney, Matthew) |
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Filing 39
ORDER granting #35 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 4/28/2022. (IRM)
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Filing 38
ENDORSED ORDER denying without prejudice #34 Amended Unopposed Motion to Withdraw. Lawyers, not law firms, appear and represent clients before the Court. Therefore, any motion to withdraw must list the specific lawyers that seek to withdraw. Signed by Magistrate Judge Embry J. Kidd on 4/28/2022. (IRM)
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Filing 37
ENDORSED ORDER. Given that the order (Doc. #18) on Defendant's motion to dismiss (Doc. #10) only resolved the transfer arguments and not the Rule 12(b)(6) arguments, Defendant is permitted to renew its motion to dismiss (only with the unresolved 12(b)(6) arguments) by Thursday, May 12, 2022. If Defendant does not wish to renew that motion, it must answer the Complaint by that deadline. Signed by Judge Roy B. Dalton, Jr. on 4/28/2022. (LLM)
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| Filing 36 CASE MANAGEMENT REPORT. (Mountford, Derek) |
| Filing 35 Unopposed MOTION for John F. Morrow, Jr. to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19509483 for $150 by Selex ES Inc.. (Mountford, Derek) |
| Filing 34 Amended MOTION for to Withdraw as Attorney by NDI Technologies, Inc.. (McKinney, Matthew) |
| Filing 33 Remark: Doc. #27 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 4/27/2022. (LLM) |
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Filing 32
ENDORSED ORDER denying without prejudice #29 Unopposed Motion to Withdraw for failure to comply with Local Rule 2.02(c). Signed by Magistrate Judge Embry J. Kidd on 4/26/2022. (IRM)
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| Filing 31 NOTICE of Appearance by Derek Kyle Mountford on behalf of Selex ES Inc. (Mountford, Derek) |
| Filing 30 NOTICE of Appearance by Ana Davis Johnson on behalf of Selex ES Inc. (Johnson, Ana) |
| Filing 29 Unopposed MOTION for Joshua M. Hiller to Withdraw as Attorney by NDI Technologies, Inc. (Gilchrist, Brian) Modified text on 4/25/2022 (LDJ). |
| Filing 28 NOTICE of a related action per Local Rule 1.07(c) by NDI Technologies, Inc.. Related case(s): No (Gilchrist, Brian) |
| Filing 27 CERTIFICATE of interested persons and corporate disclosure statement re #23 Order by NDI Technologies, Inc.. (Gilchrist, Brian) |
| Filing 26 NOTICE of Appearance by Matthew G. McKinney on behalf of NDI Technologies, Inc. (McKinney, Matthew) |
| Filing 25 NOTICE of Appearance by Brian R. Gilchrist on behalf of NDI Technologies, Inc. (Gilchrist, Brian) |
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Filing 24
ORDER directing compliance parties are directed to confer and file a Case Management Report, utilizing the attached form, on or before April 27, 2022. Signed by Judge Roy B. Dalton, Jr. on 4/13/2022. (Attachments: #1 CMR)(YG)
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Filing 23
INITIAL ORDER re Case Management and Deadlines. Signed by Judge Roy B. Dalton, Jr. on 4/13/2022. (YG)
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| Filing 22 NOTICE to counsel John F. Morrow, Jr., Minnie Kim, and Joshua M. Hiller Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (LDJ) |
| Filing 21 TRANSFER IN from the Western District of North Carolina. Case assigned to District Judge Roy B. Dalton, Jr. and Magistrate Judge Embry J. Kidd. New Case Number: 6:22-cv-00690-RBD-EJK. (LMW) |
| Filing 20 Case transferred in from District of North Carolina Western; Case Number 3:20-cv-00637. File received electronically |
| Filing 19 REPORT on the Determination of an action regarding patent and/or trademark numbers contained in complaint. (Attachments: #1 Complaint, #2 Order to Transfer) (brl) [Transferred from ncwd on 4/11/2022.] |
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Filing 18
ORDER declines to adopt the Magistrate Judge's #15 Memorandum and Recommendations; granting Defendant's #10 Motion to Dismiss for Improper Venue, or Alternatively to Transfer, and Motion to Dismiss for Failure to State a Claim to the extent that venue in this matter is ORDERED TO BE TRANSFERRED to the United States District Court for the Middle District of Florida. Signed by District Judge Robert J. Conrad, Jr on 3/28/2022. (brl) [Transferred from ncwd on 4/11/2022.]
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| Filing 17 REPLY to Objection to #15 Memorandum and Recommendations by Selex ES Inc.. (Morrow, John) [Transferred from ncwd on 4/11/2022.] |
| Filing 16 OBJECTION to #15 Memorandum and Recommendations by NDI Technologies, Inc.. Replies due by 1/27/2022 (Hiller, Joshua) [Transferred from ncwd on 4/11/2022.] |
| Filing 15 MEMORANDUM AND RECOMMENDATIONS on #10 MOTION to Dismiss for Improper Venue, or Alternatively to Transfer, and Motion to Dismiss for Failure to State a Claim filed by NDI Technologies, Inc. Objections to M&R due by 1/13/2022. Signed by Magistrate Judge David Keesler on 12/30/21. (mga) [Transferred from ncwd on 4/11/2022.] |
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Filing 14
ORDER denying as moot #7 "Defendant NDI Technologies, Inc.'s Motion to Dismiss for Improper Venue, Or Alternatively, to Transfer Pursuant to 28 28 U.S.C. 1406(a). Signed by Magistrate Judge David Keesler on 10/12/21. (mga) [Transferred from ncwd on 4/11/2022.]
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| Filing 13 REPLY to Response to Motion re #10 MOTION to Dismiss for Improper Venue, or Alternatively to Transfer, and Motion to Dismiss for Failure to State a Claim by NDI Technologies, Inc.. (Hiller, Joshua) [Transferred from ncwd on 4/11/2022.] |
| Filing 12 RESPONSE in Opposition re #10 MOTION to Dismiss for Improper Venue, or Alternatively to Transfer, and Motion to Dismiss for Failure to State a Claim by Selex ES Inc.. Replies due by 5/4/2021 (Attachments: #1 Exhibit A - Declaration of Minnie Kim, #2 Exhibit 1 - January 2014 Article, #3 Exhibit 2 - Wayback Machine, #4 Exhibit 3 - Hammond Resume, #5 Exhibit 4 - NDI Website Locations, #6 Exhibit 5 - CMPD Articles, #7 Exhibit 6 - NDI Services, #8 Exhibit 7 - NDI ALPR Trailers, #9 Exhibit 8 - TALON Data Sheet, #10 Exhibit 9 - Road Warrior VMS Data Sheet, #11 Exhibit 10 - Road Warrior Radar Data Sheet, #12 Exhibit 11 - NDI Software)(Kim, Minnie) [Transferred from ncwd on 4/11/2022.] |
| Filing 11 MEMORANDUM in Support re #10 MOTION to Dismiss for Improper Venue, or Alternatively to Transfer, and Motion to Dismiss for Failure to State a Claim by NDI Technologies, Inc.. (Attachments: #1 Exhibit Declaration of Keith Yahn)(Hiller, Joshua) [Transferred from ncwd on 4/11/2022.] |
| Filing 10 MOTION to Dismiss for Improper Venue, or Alternatively to Transfer, and Motion to Dismiss for Failure to State a Claim by NDI Technologies, Inc.. Responses due by 4/27/2021 (Hiller, Joshua). Motions referred to David Keesler. [Transferred from ncwd on 4/11/2022.] |
| Filing 9 AMENDED COMPLAINT with Jury Demand against Selex ES Inc., filed by Selex ES Inc.. (Attachments: #1 Exhibit A - 965 Patent)(Kim, Minnie) [Transferred from ncwd on 4/11/2022.] |
| Filing 8 MEMORANDUM in Support re #7 MOTION to Dismiss for Improper Venue, or Alternatively to Transfer by NDI Technologies, Inc.. (Attachments: #1 Exhibit Declaration of Keith Yahn)(Hiller, Joshua) [Transferred from ncwd on 4/11/2022.] |
| Filing 7 MOTION to Dismiss for Improper Venue, or Alternatively to Transfer by NDI Technologies, Inc.. Responses due by 3/30/2021 (Hiller, Joshua). Motions referred to David Keesler. [Transferred from ncwd on 4/11/2022.] |
| Filing 6 WAIVER OF SERVICE Returned Executed by Selex ES Inc.. NDI Technologies, Inc. waiver sent on 2/8/2021, answer due 4/9/2021. (Morrow, John) [Transferred from ncwd on 4/11/2022.] |
| Filing 5 NOTICE of Appearance by John F. Morrow, Jr on behalf of Selex ES Inc. (Morrow, John) [Transferred from ncwd on 4/11/2022.] |
| Filing 4 Summons Issued Electronically as to NDI Technologies, Inc.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (brl) [Transferred from ncwd on 4/11/2022.] |
| Filing 3 REPORT on the Filing of an action regarding patent and/or trademark numbers contained in complaint. (tlj) [Transferred from ncwd on 4/11/2022.] |
| Case assigned to District Judge Robert J. Conrad, Jr and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(tlj) [Transferred from ncwd on 4/11/2022.] |
| Filing 2 Corporate Disclosure Statement by Selex ES Inc. (Kim, Minnie) Modified on 11/18/2020 to correct docket text (tlj). [Transferred from ncwd on 4/11/2022.] |
| Filing 1 COMPLAINT against NDI Technologies, Inc. with Jury Demand ( Filing fee $ 400 receipt number 0419-4764697), filed by Selex ES Inc.. (Attachments: #1 Exhibit A - 965 Patent)(Kim, Minnie) Modified on 11/18/2020 to correct docket text (tlj). [Transferred from ncwd on 4/11/2022.] |
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