Moxchange LLC v. Ocean Optics, Inc.
Plaintiff: Moxchange LLC
Counter Defendant: Ocean Optics, Inc.
Case Number: 6:2022cv01142
Filed: June 30, 2022
Court: US District Court for the Middle District of Florida
Presiding Judge: Carlos E Mendoza
Referring Judge: Leslie Hoffman Price
Nature of Suit: Patent
Cause of Action: 15 U.S.C. § 1126 Patent Infringement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 13, 2022 Filing 42 Patent Report sent to Alexandria, VA. (Attachments: #1 Order, #2 Complaint) (SPM)
December 12, 2022 Opinion or Order Filing 41 ORDER dismissing case re #40 Stipulation of Dismissal With Prejudice. The Clerk of Court is directed to close this case. Signed by Judge Carlos E. Mendoza on 12/12/2022. (ALL)
December 7, 2022 Filing 40 STIPULATION of Dismissal with Prejudice by Moxchange LLC. (Wernow, Howard)
December 2, 2022 Filing 39 Joint MOTION to Stay All Deadlines and Notice of Settlement by Moxchange LLC. (Wernow, Howard) Modified on 12/2/2022 (SPM).
November 10, 2022 Filing 38 NOTICE of compliance Ocean Optic's Initial Disclosures by Ocean Optics, Inc. (Esterhay, John)
November 10, 2022 Filing 37 NOTICE of compliance of Service of Initial Disclosures Pursuant to Rule 26(a) by Moxchange LLC (Wernow, Howard)
November 4, 2022 Filing 36 NOTICE of compliance (Service of Infringement Contentions) re #25 Case Management and Scheduling Order by Moxchange LLC (Wernow, Howard) Modified on 11/4/2022 (SPM).
November 1, 2022 Filing 35 ANSWER to #30 Counterclaim by Moxchange LLC. Related document: #30 Answer to Complaint, Counterclaim filed by Ocean Optics, Inc.(Wernow, Howard) Modified on 11/1/2022 (SPM).
October 24, 2022 PRO HAC VICE FEES paid by attorney John d. Esterhay, appearing on behalf of (Filing fee $150 receipt number ORL105632.) Related document: #23 Unopposed MOTION for John D. Esterhay to appear pro hac vice . (SRD)
October 24, 2022 PRO HAC VICE FEES paid by attorney John P. Schnurer, appearing on behalf of (Filing fee $150 receipt number ORL105631.) Related document: #24 Unopposed MOTION for John P. Schnurer to appear pro hac vice . (SRD)
October 18, 2022 Filing 34 NOTICE OF SELECTION of Mark Stein as mediator by Moxchange LLC. (Wernow, Howard)
October 13, 2022 Filing 33 NOTICE OF HEARING: Claim Construction Hearing set for 5/23/2023 at 9:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The Court has reserve 2-hours for the hearing. (MEH)
October 11, 2022 Filing 32 CASE REFERRED to Mediation. (SPM)
October 11, 2022 Opinion or Order Filing 31 STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie Hoffman Price on 2/7/2022. (BAB)
October 11, 2022 Filing 30 ANSWER and affirmative defenses to #1 Complaint, with Jury Demand , COUNTERCLAIM against Ocean Optics, Inc. by Ocean Optics, Inc..(Shaughnessy, Kevin)
October 11, 2022 Opinion or Order Filing 29 ORDER re #23 Unopposed Motion for Special Admission #24 Unopposed Motion for Special Admission. See PDF for additional details. Signed by Magistrate Judge Leslie Hoffman Price on 10/11/2022. (BAB)
October 11, 2022 Opinion or Order Filing 28 ORDER denying without prejudice #22 Proposed Protective Order. See PDF for additional detail. Signed by Magistrate Judge Leslie Hoffman Price on 10/11/2022. (BAB)
October 11, 2022 Filing 27 CERTIFICATE of interested persons and corporate disclosure statement re #25 Case Management / FLSA / ADA / Social Security / Scheduling Order by Ocean Optics, Inc.. (Shaughnessy, Kevin)
October 11, 2022 Opinion or Order Filing 26 ORDER directing the parties to confer, and then advise the Court, on the selection of a mediator, on or before October 25, 2022. Signed by Judge Carlos E. Mendoza on 10/11/2022. (MEH)
October 11, 2022 Opinion or Order Filing 25 CASE MANAGEMENT AND SCHEDULING ORDER: (PATENT CASE) Amended Pleadings due by 12/12/2022 Joinder of Parties due by 12/12/2022 Discovery due by 3/4/2024 Dispositive motions due by 4/3/2024 Pretrial statement due by 8/6/2024 All other motions due by 8/6/2024 Trial Status Conference set for 8/15/2024 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza Jury Trial set for the September 2024 trial term in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Conduct mediation hearing by 3/18/2024. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 10/11/2022. (MEH)
October 11, 2022 Filing 24 Unopposed MOTION for John P. Schnurer to appear pro hac vice by Ocean Optics, Inc.. (Shaughnessy, Kevin) Motions referred to Magistrate Judge Leslie Hoffman Price.
October 11, 2022 Filing 23 Unopposed MOTION for John D. Esterhay to appear pro hac vice by Ocean Optics, Inc.. (Shaughnessy, Kevin) Motions referred to Magistrate Judge Leslie Hoffman Price.
October 7, 2022 Filing 22 MOTION for Protective Order by Moxchange LLC. (Wernow, Howard) Motions referred to Magistrate Judge Leslie Hoffman Price.
October 7, 2022 Filing 21 CASE MANAGEMENT REPORT. (Wernow, Howard)
October 4, 2022 Opinion or Order Filing 20 ORDER granting #19 Joint Motion to Conduct Case Management Conference Telephonically. The parties shall conduct the telephonic case management conference on or before October 11, 2022, and file a completed Patent Case Management Report form on or before October 18, 2022. Signed by Magistrate Judge Leslie Hoffman Price on 10/4/2022. (BAB)
September 27, 2022 Filing 19 Joint MOTION for Miscellaneous Relief, specifically to Conduct Case Management Conference Telephonically by Moxchange LLC. (Wernow, Howard)
August 25, 2022 Set deadlines: for Ocean Optics, Inc. Answer due by 10/11/2022. (SPM)
August 25, 2022 Opinion or Order Filing 18 ENDORSED ORDER Granting Unopposed Motion for Extension of Time for Defendant Ocean Optics, Inc. to Respond to Complaint (Doc. No. #16). The deadline for Defendant to answer or otherwise respond to the Complaint is extended up to and including October 11, 2022. Given the length of this extension, any further requests must be supported by a showing of good cause beyond what is stated in the present motion. Signed by Magistrate Judge Leslie Hoffman Price on 8/25/2022. (BAB)
August 25, 2022 Filing 17 NOTICE to counsel John P. Schnurer, John D. Esterhay, and Bing Ai 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). (SPM)
August 25, 2022 Filing 16 Unopposed MOTION for Extension of Time to October 10, 2022, to File Response to #1 Complaint by Ocean Optics, Inc. (Shaughnessy, Kevin) Modified on 8/25/2022 (SPM).
August 24, 2022 Opinion or Order Filing 15 ENDORSED ORDER denying without prejudice Unopposed Motion for Extension of Time For Defendant to Respond to Complaint (Doc. No. #14). Plaintiff is seeking relief on behalf of another party, a corporate entity who has not yet appeared in the case. Plaintiff has provided no legal authority which permits it to seek relief on behalf of another party, particularly where that party cannot appear except through counsel. See Local Rule 2.02(b)(2). If Defendant wishes to seek relief, Defendant can appear in the case, through counsel, and file an appropriate motion that complies with all applicable local rules, including Local Rule 3.01(a). Signed by Magistrate Judge Leslie Hoffman Price on 8/24/2022. (BAB)
August 24, 2022 Filing 14 Unopposed MOTION for Extension of Time to October 10, 2022, to File Answer re #1 Complaint, by Moxchange LLC. (Wernow, Howard) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified on 8/24/2022 (SPM).
August 22, 2022 Filing 13 RETURN of service executed on 08/05/2022 by Moxchange LLC as to Ocean Optics, Inc.. (Wernow, Howard)
August 4, 2022 Opinion or Order Filing 12 ORDER granting #11 Motion to Appear Pro Hac Vice. David R. Bennett, Esq. may specially appear in this case as counsel for Plaintiff. The Clerk of Court is directed to mail a copy of this Order to Attorney Bennett. Signed by Magistrate Judge Leslie Hoffman Price on 8/4/2022. (ECJ)
August 3, 2022 Filing 11 MOTION for David R. Bennett to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19842489 for $150 by Moxchange LLC. (Wernow, Howard) Motions referred to Magistrate Judge Leslie Hoffman Price.
July 13, 2022 Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #7 Order pdf by Moxchange LLC identifying Other Affiliate Direction IP Law, Other Affiliate Tyfanie Nguyen, Other Affiliate Mavexar LLC, Other Affiliate Sand, Sebolt and Wernow Co., LPA for Moxchange LLC. (Wernow, Howard)
July 13, 2022 Filing 9 NOTICE of a related action per Local Rule 1.07(c) by Moxchange LLC. Related case(s): Yes (Attachments: #1 Exhibit A-Related Cases)(Wernow, Howard)
July 1, 2022 Opinion or Order Filing 8 NOTICE TO COUNSEL AND PARTIES: Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Carlos E. Mendoza on 7/1/2022. (ALL)
July 1, 2022 Opinion or Order Filing 7 INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 7/1/2022. (ALL)
July 1, 2022 Filing 6 SUMMONS issued as to Ocean Optics, Inc. (SPM)
July 1, 2022 Filing 5 Patent Report sent to Alexandria, VA. (SPM)
July 1, 2022 Filing 4 NOTICE to counsel David R. Bennett 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). (SPM)
June 30, 2022 Filing 3 Rule 7.1 Disclosure Statement by Moxchange LLC. (Wernow, Howard) Modified on 7/1/2022 (SPM).
June 30, 2022 Filing 2 NEW CASE ASSIGNED to Judge Carlos E. Mendoza and Magistrate Judge Leslie Hoffman Price. New case number: 6:22-cv-1142-CEM-LHP. (SJB)
June 30, 2022 Filing 1 COMPLAINT against Ocean Optics, Inc. with Jury Demand (Filing fee $402 receipt number AFLMDC-19728160) filed by Moxchange LLC. (Attachments: #1 Exhibit A-US7233664, #2 Exhibit B-Office Action Summary, #3 Civil Cover Sheet, #4 Proposed Summons)(Wernow, Howard)

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Plaintiff: Moxchange LLC
Represented By: Howard L. Wernow
Represented By: David R. Bennett
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Counter defendant: Ocean Optics, Inc.
Represented By: Kevin W. Shaughnessy
Represented By: John D. Esterhay
Represented By: John P. Schnurer
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