Every Penny Counts, Inc. v. American Express Company et al
Plaintiff: Every Penny Counts, Inc.
Defendant: Visa U.S.A., Inc., Mastercard, Inc., Green Dot Corporation, American Express Company and Mastercard International Incorporated
Case Number: 8:2007cv01255
Filed: July 17, 2007
Court: US District Court for the Middle District of Florida
Office: Tampa Office
County: Sarasota
Presiding Judge: Richard A Lazzara
Referring Judge: Mark A Pizzo
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on March 5, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 5, 2010 Filing 153 CLERK'S certificate of destruction of COURT exhibits and/or exhibit substitutes (JLH)
February 17, 2010 Filing 152 CLERK'S certificate of destruction of exhibits and/or exhibit substitutes as to American Express Company, Green Dot Corporation, Mastercard International Incorporated, Mastercard, Inc., Visa U.S.A., Inc. (JLH)
January 25, 2010 Filing 151 DEFENDANT EXHIBITS ONLY: The records in this case indicate that this case was disposed of more than thirty (30) days ago. The records also indicate that the Clerk's Office is in possession of various exhibits used during the proceedings.You are notified that you have thirty (30) days for the removal of the exhibits from the custody of the Clerk's Office, or the exhibits will be destroyed, as permitted by Local Rule 5.04. (JLH)
June 10, 2009 Filing 150 MANDATE of USCA FEDERAL CIRCUIT AFFIRMED as to #143 Notice of appeal filed by Every Penny Counts, Inc. Issued as Mandate: 6/2/09 USCA number: 08-1434. (EJC)
July 30, 2008 TRANSMITTAL to Court of Appeals for the Federal Circuit forwarding #147, #148 and NEF 149 re #143 Notice of appeal USCA number: 08-01434. (DLV)
July 29, 2008 Opinion or Order Filing 149 ENDORSED ORDER granting #147 Motion to Undesignate Confidential Documents admitted into evidence on the record. The documents listed on page 3 of the Motion are hereby no longer designated as confidential. Signed by Judge Richard A. Lazzara on 7/29/2008. (CCB)
July 29, 2008 Filing 148 DECLARATION of Eugene Y. Mar re #147 Joint MOTION for Undesignating Confidential Documents by Visa U.S.A., Inc.. (Attachments: #1 Exhibit A)(Mar, Eugene)
July 29, 2008 Filing 147 Joint MOTION for Undesignating Confidential Documents by Visa U.S.A., Inc.. (Mar, Eugene)
July 3, 2008 Appeal deadlines (certificate of readiness terminated) re #143 Notice of appeal filed by Every Penny Counts, Inc. (DLV)
July 1, 2008 Opinion or Order Filing 146 ORDER attached granting #145 Joint Motion to Dismiss Counterclaims. Signed by Judge Richard A. Lazzara on 7/1/2008. (CCB)
July 1, 2008 Filing 145 Joint MOTION to dismiss Counterclaims Without Prejudice Nunc Pro Tunc And Incorporated Memorandum Of Law by Every Penny Counts, Inc.. (Pellenbarg, Eric)
June 30, 2008 ACKNOWLEDGMENT by USCA for the Federal Circuit of receiving certified copy of receipt of payment on 06/27/08 re #143 Notice of appeal. USCA for the Federal Circuit number: 2008-1434. (DLV)
June 20, 2008 Set deadline re #143 Notice of appeal : Certificate of readiness due by 7/3/2008 (DLV)
June 20, 2008 TRANSMITTAL to Court of Appeals for the Federal Circuit forwarding certified copy of receipt of payment re #143 Notice of appeal USCA number: unknown at this time. (DLV)
June 19, 2008 USCA appeal fees received $455 receipt number T046534 re #143 Notice of appeal filed by Every Penny Counts, Inc. (DLV)
June 19, 2008 TRANSMITTAL of initial appeal package to Court of Appeals for the Federal Circuit consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed re #143 Notice of appeal. (DLV)
June 18, 2008 Filing 144 TRANSCRIPT information form filed by Every Penny Counts, Inc. for proceedings held on 5/22/2008 before Judge Richard A. Lazzara re #143 Notice of appeal. (Pellenbarg, Eric)
June 18, 2008 Filing 143 NOTICE OF APPEAL as to #134 Order and #141 Judgment by Every Penny Counts, Inc.. (Filing fee not paid) (Pellenbarg, Eric) Modified to add 141 judgment per counsels request to docket entry only on 6/19/2008 (DLV).
May 23, 2008 Filing 142 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Claudia Spangler-Fry (CS)
May 23, 2008 Filing 141 JUDGMENT in favor of American Express Company, Green Dot Corporation, Mastercard International Incorporated, Visa U.S.A., Inc. against Every Penny Counts, Inc. (Signed by Deputy Clerk) (RFM)
May 23, 2008 Filing 140 TRANSCRIPT of Markman Hearing held on 5/22/08 before Judge Richard A. Lazzara. Court Reporter/Transcriber Claudia Spangler-Fry,Telephone number 813/301-5575. 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 6/13/2008., Redacted Transcript Deadline set for 6/23/2008., Release of Transcript Restriction set for 8/21/2008. (CS)
May 23, 2008 Filing 138 NOTICE of exhibits placed in the exhibit room (2 binders, 1 envelope - motion hearing) (JLH)
May 23, 2008 Sealed document S-3. (JLH)
May 22, 2008 Filing 139 Minute Entry. Proceedings held before Judge Richard A. Lazzara: Markman Hearing held on 5/22/2008. Written order to be entered by the Court. Court Reporter: Claudia Spangler-Fry (KIT)
May 22, 2008 Filing 137 COURT'S EXHIBIT LIST. (KIT)
May 22, 2008 Filing 136 WITNESS LIST by Visa U.S.A., Inc., Mastercard International Incorporated, Green Dot Corporation, American Express Company. (KIT)
May 22, 2008 Filing 135 EXHIBIT LIST by Visa U.S.A., Inc., Mastercard International Incorporated, Green Dot Corporation, American Express Company. (KIT)
May 22, 2008 Opinion or Order Filing 134 ORDER ATTACHED setting out the Court's claims construction on due consideration of the parties' written submissions, evidentiary presentations, and oral arguments and for the reasons announced on the record at the Markman hearing held this day. The Clerk is directed to enter judgment for Defendants and against Plaintiff and to close this case. Signed by Judge Richard A. Lazzara on 5/22/2008. (DMB)
May 21, 2008 Filing 133 NOTICE by Green Dot Corporation of Parties' Stipulation to Withdraw Certain Disputed Terms from Consideration at Markman Hearing (Gado, Ameer)
May 21, 2008 Filing 132 NOTICE by American Express Company of Resolution Between Plaintiff and Defendants of Certain Disputed Terms for the Markman Hearing (Knight, David)
May 19, 2008 Opinion or Order Filing 131 ORDER ATTACHED granting #130 Plaintiff's Unopposed Motion for Permission to Bring Certain Electronic Equipment (laptop computer) into the Courthouse. Signed by Judge Richard A. Lazzara on 5/19/2008. (SKH)
May 19, 2008 Filing 130 Unopposed MOTION Permission to bring certain computer equipment into the Courthouse for the Upcoming Markman Hearing by Every Penny Counts, Inc.. (Pellenbarg, Eric)
May 16, 2008 Opinion or Order Filing 129 ORDER ATTACHED granting #125 Consented Motion Regarding Sequence of Markman Hearing Presentation. Signed by Judge Richard A. Lazzara on 5/16/2008. (SKH)
May 16, 2008 Opinion or Order Filing 128 ENDORSED ORDER notifying parties that the Markman hearing will proceed as scheduled on May 22 and May 23, 2008. Signed by Judge Richard A. Lazzara on 5/16/2008. (SKH)
May 16, 2008 Opinion or Order Filing 127 ORDER ATTACHED granting #126 Motion to allow laptop computers by American Express (3), Visa, U.S.A., Inc. (1), and Green Dot Corp. (1). Signed by Judge Richard A. Lazzara on 5/16/2008. (SKH)
May 16, 2008 Filing 126 Unopposed MOTION to allow electronic equipment, specifically Laptop Computers and related power strips, for Markman Hearing by all defendants. (Knight, David)
May 15, 2008 Filing 125 Joint MOTION for Order Establishing Sequence of Markman Presentations by all parties. (Attachments: #1 Exhibit A)(Thompson, Roderick)
May 15, 2008 Opinion or Order Filing 124 ORDER/NOTICE regarding Markman hearing. See attached notice for details. Signed by Judge Richard A. Lazzara on 5/15/2008. (CCB)
May 15, 2008 Opinion or Order Filing 123 ORDER denying #94 Motion to Compel. See attached order for details. Signed by Judge Richard A. Lazzara on 5/15/2008. (CCB)
May 13, 2008 Filing 122 SUPPLEMENT re #103 Declaration of Eliot D. Williams by Mastercard International Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 5)(Williams, Eliot)
May 9, 2008 Opinion or Order Filing 121 ENDORSED ORDER granting #120 motion for Ling Zhong to appear pro hac vice. Signed by Judge Richard A. Lazzara on 5/9/2008. (SKH)
May 9, 2008 Filing 120 MOTION for Ling Zhong to appear pro hac vice by Mastercard International Incorporated. (Smith, Jared)
May 8, 2008 Filing 119 RESPONSE to motion re #94 MOTION to compel Production of Allegedly Privileged Documents and for In Camera Review, with Memorandum of Law in Support filed by Every Penny Counts, Inc.. (Kauget, Harvey)
May 6, 2008 Filing 118 RESPONSE re #117 Supplement filed by Every Penny Counts, Inc.. (Pellenbarg, Eric)
May 5, 2008 Sealed document S-2. (RFM)
May 5, 2008 Filing 117 SUPPLEMENTAL Claim Construction and Prehearing Statement by Visa U.S.A., Inc.. (Mar, Eugene) Modified text on 5/6/2008 (RFM).
May 5, 2008 Opinion or Order Filing 116 ENDORSED ORDER: Plaintiff's response to Visa, Inc.'s Supplemental Claim Construction and Prehearing Statement is due on or before Thursday, May 8, 2008. Signed by Judge Richard A. Lazzara on 5/5/2008. (CCB)
May 5, 2008 Opinion or Order Filing 115 ENDORSED ORDER denying as moot #112 Motion for Leave to File Exhibits in Reply. Signed by Judge Richard A. Lazzara on 5/5/2008. (CCB)
May 5, 2008 Opinion or Order Filing 114 ENDORSED ORDER granting #105 Motion for Leave to File Supplemental Claim Construction and Prehearing Statement. Defendant Visa, Inc. shall file the Supplemental Claim Construction and Prehearing Statement on or before 5:00 p.m. on this day, May 5, 2008. Signed by Judge Richard A. Lazzara on 5/5/2008. (CCB)
May 5, 2008 Filing 113 *DOCUMENT TERMINATED* DECLARATION of Roderick Thompson re #112 MOTION for leave to file Exhibits in Response to Every Penny Count's Opposition to Visa's Motion for Leave to File Supplemental Claim Construction and Prehearing Statement by Visa U.S.A., Inc.. (Attachments: #1 Supplement A, #2 Exhibit B, #3 Exhibit C)(Thompson, Roderick)NOTIFIED BY COUNSEL DOCUMENT FILED IN ERROR. Modified on 5/5/2008 (CDA).
May 5, 2008 Filing 112 MOTION for leave to file Exhibits in Response to Every Penny Count's Opposition to Visa's Motion for Leave to File Supplemental Claim Construction and Prehearing Statement by Visa U.S.A., Inc.. (Thompson, Roderick)
May 2, 2008 Filing 111 RESPONSE in opposition re #105 MOTION for leave to file Defendants' Supplemental Claim Construction and Prehearing Statement filed by Every Penny Counts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Pellenbarg, Eric)
May 2, 2008 Opinion or Order Filing 110 ENDORSED ORDER granting #109 Motion to Seal Documents. Signed by Judge Richard A. Lazzara on 5/2/2008. (SKH)
May 2, 2008 Filing 109 MOTION to Seal Document 107 Order on Motion to Seal Document Pursuant to Order by Mastercard, Inc.. (Smith, Jared)
May 2, 2008 Opinion or Order Filing 108 ENDORSED ORDER directing Every Penny Counts, Inc. to respond on an expedited basis to #105 Motion for Leave to File Defendants' Supplemental Claim Construction and Prehearing Statement. Response due on or before 5/5/2008 at 12:00 noon. Signed by Judge Richard A. Lazzara on 5/2/2008. (CCB)
May 2, 2008 Opinion or Order Filing 107 ENDORSED ORDER granting #104 Motion to Seal Documents. Signed by Judge Richard A. Lazzara on 5/2/2008. (CCB)
May 1, 2008 Filing 106 DECLARATION of Eugene Mar re #105 MOTION for leave to file Defendants' Supplemental Claim Construction and Prehearing Statement by Visa U.S.A., Inc.. (Attachments: #1 Exhibit A)(Mar, Eugene)
May 1, 2008 Filing 105 MOTION for leave to file Defendants' Supplemental Claim Construction and Prehearing Statement by Visa U.S.A., Inc.. (Mar, Eugene)
May 1, 2008 Filing 104 MOTION to Seal Document Selected Exhibits from the Declaration of Eliot Williams by Mastercard International Incorporated. (Williams, Eliot)
May 1, 2008 Filing 103 DECLARATION of Eliot D. Williams re #102 MEMORANDUM in opposition (Joint Claim Construction Brief) by Mastercard International Incorporated. (Attachments: #(1) Exhibit list, #(2) Exhibit 1 to Declaration, #(3) Exhibit 5 to Declaration, #(4) Exhibit 7 to Declaration, #(5) Exhibit 9 to Declaration, #(6) Exhibit 10 to Declaration, #(7) Exhibit 11 to Declaration, #(8) Exhibit 12 to Declaration, #(9) Exhibit 13 to Declaration, #(10) Exhibit 14 to Declaration, #(11) Exhibit 15 to Declaration, #(12) Exhibit 16 to Declaration, #(13) Exhibit 17 to Declaration, #(14) Exhibit 19 to Declaration, #(15) Exhibit 20 to Declaration, #(16) Exhibit 21 to Declaration, #(17) Exhibit 22 to Declaration, #(18) Exhibit 23 to Declaration, #(19) Exhibit 24 to Declaration, #(20) Exhibit 25 to Declaration, #(21) Exhibit 26 to Declaration, #(22) Exhibit 27 to Declaration, #(23) Exhibit 29 to Declaration)(Williams, Eliot) Modified text on 5/2/2008 (RFM).
May 1, 2008 Filing 102 MEMORANDUM in opposition (Joint Claim Construction Brief) re #91 Motion filed by Mastercard International Incorporated. (Williams, Eliot) Modified text on 5/2/2008 (RFM).
April 28, 2008 Sealed document S-1. (RFM)
April 28, 2008 Filing 101 NOTICE of Hearing on #94 Motion to Compel Production of Allegedly Privileged Documents and for In Camera Review. Miscellaneous Hearing set for 5/22/2008 at 9:00 AM in Courtroom 15 B before Judge Richard A. Lazzara. (CCB)
April 28, 2008 Opinion or Order Filing 100 ORDER attached directing Every Penny Counts, Inc. to respond to #94 Motion to Compel Production of Allegedly Privileged Documents and for In Camera Review. Response due on or before 5/9/2008. Signed by Judge Richard A. Lazzara on 4/28/2008. (CCB)
April 28, 2008 Opinion or Order Filing 99 ENDORSED ORDER granting #98 Motion to Seal Documents. Signed by Judge Richard A. Lazzara on 4/28/2008. (CCB)
April 28, 2008 Filing 98 MOTION to Seal Document Pursuant to Order by Visa U.S.A., Inc., Mastercard International Incorporated, Green Dot Corporation, American Express Company. (McDonald, C.)
April 28, 2008 Opinion or Order Filing 97 ENDORSED ORDER granting #96 Motion to File under Seal. Signed by Judge Richard A. Lazzara on 4/28/2008. (CCB)
April 25, 2008 Filing 96 Unopposed MOTION for leave to file under seal documents subject to Motion to Compel and for In Camera Review (DKT 94) by Visa U.S.A., Inc., Mastercard International Incorporated, Green Dot Corporation, American Express Company. (McDonald, C.)
April 25, 2008 Filing 95 DECLARATION of Eugene Y. Mar re #94 MOTION to compel Production of Allegedly Privileged Documents and for In Camera Review, with Memorandum of Law in Support by Visa U.S.A., Inc.. (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)(Mar, Eugene)
April 25, 2008 Filing 94 MOTION to compel Production of Allegedly Privileged Documents and for In Camera Review, with Memorandum of Law in Support by Visa U.S.A., Inc.. (Mar, Eugene)
April 24, 2008 Opinion or Order Filing 93 ENDORSED ORDER granting #92 Motion for Leave to File Excess Pages. Brief not to exceed fifty (50) pages. Signed by Judge Richard A. Lazzara on 4/24/2008. (SKH)
April 23, 2008 Filing 92 Unopposed MOTION for leave to file excess pages for Defendants' Opposition Markman Brief by Mastercard, Inc.. (Smith, Jared)
April 3, 2008 Filing 91 MOTION Plaintiff's Opening Markman Brief by Every Penny Counts, Inc.. (Attachments: #1 Exhibit A)(Kauget, Harvey)
April 3, 2008 Filing 90 NOTICE by Green Dot Corporation of Compliance with the Courts April 1, 2008 Order (Harty, Emma)
April 1, 2008 Opinion or Order Filing 89 ORDER directing counsel, EMMA HARTY, to PROMPTLY sign up for CM/ECF. Counsel is then directed to electronically file a Notice of Compliance with this Order. The clerk is directed to stop sending paper copies to counsel referenced herein. Attorneys may seek permission for relief from this Order upon a showing of good cause. Signed by Judge Richard A. Lazzara on 4/1/2008. (SKH)
March 20, 2008 Opinion or Order Filing 88 ENDORSED ORDER granting #87 Motion to Appear pro hac vice. Signed by Judge Richard A. Lazzara on 3/20/2008. (CCB)
March 20, 2008 Filing 87 MOTION for Emma Harty to appear pro hac vice by Green Dot Corporation. (Elligett, Raymond)
March 13, 2008 Filing 86 STATUS REPORT -- Joint Claim Construction and Pre-Hearing Statement by Mastercard International Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B)(Williams, Eliot)
February 15, 2008 Filing 85 TRANSCRIPT of Status Conference held on December 13, 2007 before Judge Richard A. Lazzara. Court Reporter: Claudia Spangler-Fry. (AG)
February 11, 2008 Filing 84 ANSWER to #75 COUNTERCLAIM by Every Penny Counts, Inc. (Kauget, Harvey) Modified text on 2/11/2008 (RFM).
February 11, 2008 Filing 83 Plaintiff's REPLY to #78 Answer to amended complaint, Counterclaim by Every Penny Counts, Inc.. Related document: #78 Answer to amended complaint, Counterclaim filed by Mastercard International Incorporated.(Kauget, Harvey)
February 11, 2008 Filing 82 Plaintiff's REPLY to #79 Answer to amended complaint, Counterclaim by Every Penny Counts, Inc.. Related document: #79 Answer to amended complaint, Counterclaim filed by Green Dot Corporation.(Kauget, Harvey)
February 11, 2008 Filing 81 Plaintiff's REPLY to #80 Amended answer to complaint, Counterclaim by Every Penny Counts, Inc.. Related document: #80 Amended answer to complaint, Counterclaim filed by Visa U.S.A., Inc..(Kauget, Harvey)
January 25, 2008 Filing 80 AMENDED ANSWER to PLAINTIFF'S SECOND #74 Amended complaint, ADDITIONAL DEFENSES AND COUNTERCLAIMS, COUNTERCLAIM against Every Penny Counts, Inc. by Visa U.S.A., Inc.. (Thompson, Roderick)
January 24, 2008 Filing 79 ANSWER and affirmative defenses with Jury Demand to #74 Amended complaint,, COUNTERCLAIM against Every Penny Counts, Inc. by Green Dot Corporation.(Gado, Ameer)
January 24, 2008 Filing 78 ANSWER and affirmative defenses with Jury Demand to #74 Amended complaint, and, COUNTERCLAIM against Every Penny Counts, Inc. by Mastercard International Incorporated.(Williams, Eliot)
January 23, 2008 Filing 77 CERTIFICATE OF SERVICE by Visa U.S.A., Inc. re #76 Answer to amended complaint, Counterclaim (Thompson, Roderick)
January 22, 2008 Filing 76 ANSWER and affirmative defenses with Jury Demand to #74 Amended complaint, COUNTERCLAIM against Every Penny Counts, Inc. by Visa U.S.A., Inc. (Thompson, Roderick) Modified text on 1/23/2008 (RFM).
January 22, 2008 Filing 75 ANSWER and Affirmative Defenses to #74 Amended complaint, COUNTERCLAIM against Every Penny Counts, Inc. by American Express Company. (Knight, David) Modified text on 1/23/2008 (RFM).
January 7, 2008 Filing 74 AMENDED COMPLAINT against Mastercard International Incorporated, Visa U.S.A., Inc., Green Dot Corporation, American Express Company with Jury Demand filed by Every Penny Counts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Pellenbarg, Eric)
January 7, 2008 Opinion or Order Filing 73 ENDORSED ORDER granting #72 Motion to Amend the First Amended Complaint. The Plaintiff shall file forthwith the Second Amended Complaint in the form attached to the Motion. Signed by Judge Richard A. Lazzara on 1/7/2008. (CCB)
January 7, 2008 Filing 72 Unopposed MOTION to amend/correct the First Amended Complaint by Every Penny Counts, Inc.. (Attachments: #1 Exhibit A)(Pellenbarg, Eric)
December 13, 2007 Filing 71 Minute Entry. Proceedings held before Judge Richard A. Lazzara: Status Conference held on 12/13/2007. Court Reporter: Claudia Spangler-Fry (AO)
December 13, 2007 Filing 70 NOTICE OF HEARING: Markman Hearing set for May 22-23, 2008 at 9:00 a.m. in Courtroom 15B before Judge Richard A. Lazzara. (SKH)
December 13, 2007 Opinion or Order Filing 69 MARKMAN and SCHEDULING ORDER entered following hearing on 12/13/07. See attached order for dates/details. Signed by Judge Richard A. Lazzara on 12/13/2007. (SKH)
December 5, 2007 Filing 68 REPLY to #61 Answer to amended complaint, Counterclaim by Every Penny Counts, Inc.. Related document: #61 Answer to amended complaint, Counterclaim filed by Mastercard, Inc., Mastercard International Incorporated.(Kauget, Harvey)
December 5, 2007 Filing 67 REPLY to #60 Answer to amended complaint, Counterclaim by Every Penny Counts, Inc.. Related document: #60 Answer to amended complaint, Counterclaim filed by Green Dot Corporation.(Kauget, Harvey)
December 3, 2007 Opinion or Order Filing 66 ENDORSED ORDER granting #65 motion to appear pro hac vice. Signed by Judge Richard A. Lazzara on 12/3/2007. (DMB)
December 3, 2007 Filing 65 MOTION for Brent Barriere, David Patron, Harry Barton to appear pro hac vice by Every Penny Counts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Kauget, Harvey)
November 28, 2007 Filing 64 REPLY to #55 Answer to amended complaint, Counterclaim by Every Penny Counts, Inc.. Related document: #55 Answer to amended complaint, Counterclaim filed by Visa U.S.A., Inc..(Kauget, Harvey)
November 28, 2007 Filing 63 REPLY to #53 Answer to amended complaint, Counterclaim by Every Penny Counts, Inc.. Related document: #53 Answer to amended complaint, Counterclaim filed by American Express Company.(Kauget, Harvey)
November 21, 2007 Filing 62 CERTIFICATE of interested persons and corporate disclosure statement by Mastercard, Inc., Mastercard International Incorporated. (Scheinfeld, Robert)
November 21, 2007 Filing 61 ANSWER and affirmative defenses with Jury Demand to #14 Amended complaint, COUNTERCLAIM against Every Penny Counts, Inc. by Mastercard International Incorporated, Mastercard, Inc. (Scheinfeld, Robert) Modified text on 11/23/2007 (RFM).
November 21, 2007 Filing 60 ANSWER and affirmative defenses with Jury Demand to #14 Amended complaint,, COUNTERCLAIM against Every Penny Counts, Inc. by Green Dot Corporation.(Clark, J.)
November 21, 2007 Filing 59 CERTIFICATE of interested persons and corporate disclosure statement by Green Dot Corporation. (Gado, Ameer)
November 16, 2007 Filing 58 NOTICE of Hearing: Status Conference set for 12/13/2007 at 09:30 AM in Courtroom 15 B before Judge Richard A. Lazzara. (RJC)
November 15, 2007 Filing 57 CASE MANAGEMENT REPORT. (Attachments: #1 Exhibit A)(Kauget, Harvey)
November 13, 2007 Filing 56 CERTIFICATE OF SERVICE by Visa U.S.A., Inc. re #55 Answer to amended complaint, Counterclaim (Thompson, Roderick)
November 13, 2007 Filing 55 ANSWER and defenses to #14 Amended complaint, COUNTERCLAIM against Every Penny Counts, Inc. by Visa U.S.A., Inc. (Thompson, Roderick) Modified text on 11/14/2007 (RM).
November 13, 2007 Filing 54 CERTIFICATE of interested persons and corporate disclosure statement by American Express Company. (Knight, David)
November 13, 2007 Filing 53 ANSWER and affirmative defenses with Jury Demand to #14 Amended complaint,, COUNTERCLAIM against Every Penny Counts, Inc. by American Express Company.(Knight, David)
November 6, 2007 Filing 52 NOTICE by Green Dot Corporation of Compliance (Clark, J.)
November 6, 2007 Filing 51 NOTICE by American Express Company of Compliance with the Court's November 1, 2007, Order (Spaccarotella, John)
November 3, 2007 Filing 50 NOTICE by Green Dot Corporation of Compliance with the Court's November 1, 2007, Order (Gado, Ameer)
November 1, 2007 Opinion or Order Filing 49 ORDER directing counsel, Peter J. Armenio, J. Bennett Clark, Ameer Gado, James E. Marina, and John C. Spaccarotella, to PROMPTLY sign up for CM/ECF. Counsel is then directed to electronically file a Notice of Compliance with this Order. The clerk is directed to stop sending paper copies to counsel referenced herein. Attorneys may seek permission for relief from this Order upon a showing of good cause. Signed by Judge Richard A. Lazzara on 11/1/2007. (Hartman, S)
October 29, 2007 Opinion or Order Filing 48 ATTACHED ORDER denying #24 Motion to Dismiss. Defendant VISA to answer Amended Complaint within 10 days. See attached order for details. Signed by Judge Richard A. Lazzara on 10/29/2007. (CCB)
October 29, 2007 Opinion or Order Filing 47 ENDORSED ORDER granting #44 Peter J. Armenio's motion to appear pro hac vice; granting #45 James E. Marina's motion to appear pro hac vice; granting #46 John C. Spaccarotella's motion to appear pro hac vice. Signed by Judge Richard A. Lazzara on 10/29/2007. (Hartman, S)
October 29, 2007 Filing 46 MOTION for John C. Spaccarotella to appear pro hac vice by American Express Company. (Knight, David)
October 29, 2007 Filing 45 MOTION for James E. Marina to appear pro hac vice by American Express Company. (Knight, David)
October 29, 2007 Filing 44 MOTION for Peter J. Armenio to appear pro hac vice by American Express Company. (Knight, David)
October 26, 2007 Filing 43 NOTICE of pendency of related cases re #5 order of compliance to Local Rule by Every Penny Counts, Inc. Related case(s): y (Kauget, Harvey)
October 26, 2007 Filing 42 RESPONSE in opposition re #24 MOTION to dismiss OR, IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT AND INCORPORATED MEMORANDUM OF LAW IN SUPPORT THEREOF filed by Every Penny Counts, Inc.. (Kauget, Harvey)
October 26, 2007 Filing 41 CERTIFICATE of interested persons and corporate disclosure statement by Every Penny Counts, Inc.. (Kauget, Harvey)
October 26, 2007 Opinion or Order Filing 40 ENDORSED ORDER granting #38 J. Bennett Clark's motion to appear pro hac vice; granting #39 Ameer Gado's motion to appear pro hac vice. Signed by Judge Richard A. Lazzara on 10/26/2007. (Hartman, S)
October 25, 2007 Filing 39 MOTION for Ameer Gado to appear pro hac vice by Green Dot Corporation. (Elligett, Raymond)
October 25, 2007 Filing 38 MOTION for J. Bennett Clark to appear pro hac vice by Green Dot Corporation. (Elligett, Raymond)
October 22, 2007 Opinion or Order Filing 37 ENDORSED ORDER granting #36 Motion for Extension of Time to Answer or Respond to the #14 Amended complaint. Defendant Green Dot Corporation's answer or response due on or before 11/21/2007. Signed by Judge Richard A. Lazzara on 10/22/2007. (CCB)
October 19, 2007 Filing 36 Unopposed MOTION for extension of time to file answer or otherwise plead re #14 Amended complaint, by Green Dot Corporation. (Elligett, Raymond) Motions referred to Magistrate Judge Mark A. Pizzo.
October 19, 2007 Filing 35 NOTICE of Appearance by Raymond T. Elligett, Jr on behalf of Green Dot Corporation (Elligett, Raymond)
October 19, 2007 Opinion or Order Filing 34 ORDER granting #33 Motion to extend time to respond to first amended complaint. Signed by Judge Richard A. Lazzara on 10/19/2007. (kit)
October 19, 2007 Filing 33 Unopposed MOTION to extend time to Respond to first Amended Complaint by American Express Company. (Knight, David)
October 18, 2007 Filing 32 STIPULATION re #14 Amended complaint, Extending time to Respond to First Amended Complaint by American Express Company. (Knight, David) COUNSEL INSTRUCTED TO REFILE AS MOTION. Modified on 10/19/2007 (RFM).
October 18, 2007 Filing 31 NOTICE of Appearance by David Thomas Knight on behalf of American Express Company (Knight, David)
October 18, 2007 Opinion or Order Filing 30 ENDORSED ORDER granting #28 Motion to extend time for Defendant Mastercard, Inc. to respond to Plaintiff's Complaint. Deadline extended to 11/21/07. Signed by Judge Richard A. Lazzara on 10/18/2007. (Hartman, S)
October 17, 2007 Filing 29 CERTIFICATE of interested persons and corporate disclosure statement by Visa U.S.A., Inc.. (McDonald, C.)
October 17, 2007 Filing 28 Joint MOTION to extend time to Respond to Plaintiff's Complaint by Mastercard, Inc.. (Smith, Jared)
October 15, 2007 Opinion or Order Filing 27 ENDORSED ORDER directing Every Penny Counts, Inc. to respond to #24 Motion to Dismiss and for More Definite Statement. Response due on or before 10/26/2007. Signed by Judge Richard A. Lazzara on 10/15/2007. (CCB)
October 12, 2007 Filing 26 AMENDED DOCUMENT by Visa U.S.A., Inc. Amendment to #25 Declaration, #24 MOTION to dismiss or, in the alternative, for a More Definite Statement and incorporated memorandum of law in support thereor (Thompson, Roderick) Modified to remove all caps from text on 10/15/2007 (RFM).
October 12, 2007 Filing 25 DECLARATION of Roderick M. Thompson re #24 or, in the alternative, for a More Definite Statement and incorporated memorandum of law in support thereor by Visa U.S.A., Inc. (Thompson, Roderick) Modified to remove all caps from text on 10/15/2007 (RFM).
October 12, 2007 Filing 24 MOTION to dismiss or, in the alternative, for a More Definite Statement and incorporated memorandum of law in support thereor by Visa U.S.A., Inc. (Thompson, Roderick) Modified to remove all caps from text on 10/15/2007 (RFM).
October 9, 2007 Opinion or Order Filing 23 ENDORSED ORDER granting #20 Raju Goyal's motion to appear pro hac vice; granting #21 Robert Scheinfeld's motion to appear pro hac vice; granting #22 Eliot Williams' motion to appear pro hac vice. Signed by Judge Richard A. Lazzara on 10/9/2007. (Hartman, S)
October 8, 2007 Filing 22 Unopposed MOTION for Eliot Williams to appear pro hac vice by Mastercard, Inc.. (Smith, Jared)
October 8, 2007 Filing 21 Unopposed MOTION for Robert Scheinfeld to appear pro hac vice by Mastercard, Inc.. (Smith, Jared)
October 8, 2007 Filing 20 Unopposed MOTION for Raju Goyal to appear pro hac vice by Mastercard, Inc.. (Smith, Jared)
October 8, 2007 Filing 19 NOTICE of Appearance by Robert L. Blank on behalf of Mastercard, Inc. (Blank, Robert)
October 5, 2007 Filing 18 NOTICE of Appearance by Jared Smith on behalf of Mastercard, Inc. (Smith, Jared)
October 4, 2007 Filing 17 NOTICE by Visa U.S.A., Inc. of Compliance (Thompson, Roderick)
October 1, 2007 Opinion or Order Filing 15 ORDER directing counsel, Roderick M. Thompson, to PROMPTLY sign up for CM/ECF. Counsel is then directed to electronically file a Notice of Compliance with this Order. The clerk is directed to stop sending paper copies to counsel referenced herein. Attorneys may seek permission for relief from this Order upon a showing of good cause. Signed by Judge Richard A. Lazzara on 10/1/2007. (Hartman, S)
September 28, 2007 Filing 16 Summons issued as to Mastercard, Inc., Green Dot Corporation, American Express Company. (RFM)
September 27, 2007 Filing 14 AMENDED COMPLAINT against Green Dot Corporation, Mastercard, Inc., Visa U.S.A., Inc., American Express Company with Jury Demand filed by Every Penny Counts, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G)(Kauget, Harvey)
September 20, 2007 Opinion or Order Filing 13 ENDORSED ORDER granting #9 Roderick M. Thompson's motion to appear pro hac vice; granting #10 Andrew Leibnitz's motion to appear pro hac vice; granting #11 Eugene Y. Mar's motion to appear pro hac vice; granting #12 June T. Tai's motion to appear pro hac vice. Signed by Judge Richard A. Lazzara on 9/20/2007. (Hartman, S)
September 19, 2007 Filing 12 MOTION for June T. Tai to appear pro hac vice by Visa U.S.A., Inc.. (McDonald, C.)
September 19, 2007 Filing 11 MOTION for Eugene Y. Mar to appear pro hac vice by Visa U.S.A., Inc.. (McDonald, C.)
September 19, 2007 Filing 10 MOTION for Andrew Leibnitz to appear pro hac vice by Visa U.S.A., Inc.. (McDonald, C.)
September 19, 2007 Filing 9 MOTION for Roderick M. Thompson to appear pro hac vice by Visa U.S.A., Inc.. (McDonald, C.)
August 31, 2007 Opinion or Order Filing 8 ORDER granting in part and denying in part #7 Motion for Extension of Time to Answer or Respond to #1 Complaint. Response due from VISA on or before 9/28/2007. Signed by Judge Richard A. Lazzara on 8/31/2007. (CCB)
August 30, 2007 Filing 7 Consent MOTION for extension of time to file answer or otherwise plead by Visa U.S.A., Inc.. (McDonald, C.) Motions referred to Magistrate Judge Mark A. Pizzo.
July 19, 2007 Filing 6 NOTICE of pendency of related cases re #5 order of compliance to Local Rule by Every Penny Counts, Inc. Related case(s): no (Kauget, Harvey)
July 19, 2007 Filing 5 NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 7/30/2007. Signed by Deputy Clerk on 7/19/2007. (Cole, R)
July 19, 2007 Opinion or Order Filing 4 ORDER OF RECUSAL. Judge James D. Whittemore recused. Case reassigned to Judge Richard A. Lazzara for all further proceedings. Signed by Judge James D. Whittemore on 7/19/2007. (RFM)
July 19, 2007 Case Reassigned to Judge Richard A. Lazzara. New case number: 8:07-cv-1255-T-26MAP. (RFM)
July 18, 2007 Filing 3 Patent Report sent to Washington. (RFM)
July 17, 2007 Filing 2 Summons issued as to Mastercard, Inc., Visa U.S.A., Inc., American Express Company. (RFM)
July 17, 2007 Filing 1 COMPLAINT against Mastercard, Inc., Visa U.S.A., Inc., American Express Company; jury demand (Filing fee $350 receipt number T042333) filed by Every Penny Counts, Inc. (Attachments: #(1) Exhibits Pages 1 through 100, #(2) Exhibits Pages 101 through 140) (RFM)

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Search for this case: Every Penny Counts, Inc. v. American Express Company et al
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Plaintiff: Every Penny Counts, Inc.
Represented By: David L. Patron
Represented By: Brent B. Barriere
Represented By: Eric Robert Pellenbarg
Represented By: Karl Joseph Brandes
Represented By: Harry M. Barton
Represented By: Harvey S. Kauget
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Defendant: Visa U.S.A., Inc.
Represented By: Andrew Leibnitz
Represented By: Eugene Y. Mar
Represented By: Roderick M. Thompson
Represented By: David Thomas Knight
Represented By: June T. Tai
Represented By: C. Douglas McDonald, Jr.
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Defendant: Mastercard, Inc.
Represented By: Eliot Williams
Represented By: David Thomas Knight
Represented By: Raju Goyal
Represented By: Robert Scheinfeld
Represented By: Jared Smith
Represented By: Robert L. Blank
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Defendant: Green Dot Corporation
Represented By: Emma Harty
Represented By: David Thomas Knight
Represented By: Ameer Gado
Represented By: J. Bennett Clark
Represented By: Raymond T. Elligett, Jr.
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Defendant: American Express Company
Represented By: David Thomas Knight
Represented By: John C. Spaccarotella
Represented By: James Edward Marina
Represented By: Peter J. Armenio
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Defendant: Mastercard International Incorporated
Represented By: Ling Zhong
Represented By: Eliot Williams
Represented By: David Thomas Knight
Represented By: Robert Scheinfeld
Represented By: Jared Smith
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