Delta T, LLC v. Dan's Fan City, Inc.
| Delta T, LLC |
| Dan's Fan City, Inc., TroposAir, LLC and Home Depot USA, Inc. |
| Peter J. Grilli |
| 8:2019cv01731 |
| July 17, 2019 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Patent |
| 28 U.S.C. § 1338 |
| Plaintiff |
Docket Report
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| Filing 75 ANSWER and affirmative defenses to #65 Amended Complaint (Second) by Home Depot USA, Inc. (Wade, Kathleen) |
| Filing 74 Defendant, Troposair, LLC's ANSWER and affirmative defenses to #65 Amended Complaint (Second) by TroposAir, LLC.(Lueck, Dwight) |
| Filing 73 Defendant, Dan's Fan City, Inc.'s ANSWER and affirmative defenses to #65 Amended Complaint (Second) by Dan's Fan City, Inc.(Lueck, Dwight) |
Filing 72
AMENDED ORDER appointing Peter J. Grilli, Esq. as mediator in this action. The mediation conference is scheduled for December 10, 2019, at 10:00 AM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). Signed by Judge Virginia M. Hernandez Covington on 9/3/2019. (MWS)
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| Filing 71 AMENDED NOTICE of mediation conference/hearing to be held on Tuesday, December 10, 2019 at 10:00 a.m. (Full Day) before Peter J. Grilli, Esq.(Grilli, Peter) |
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Filing 70
ORDER appointing Peter J. Grilli, Esq. as mediator in this action. The mediation conference is scheduled for December 10, 2019, at 9:30 AM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). Signed by Judge Virginia M. Hernandez Covington on 8/29/2019. (MWS)
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| Filing 69 NOTICE of mediation conference/hearing to be held on December 10, 2019 at 9:30 am before Peter Grilli. (Espinosa, Jorge) |
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Filing 68
ENDORSED ORDER granting the parties' Joint Motion to Continue the First Mediation Conference Deadline. (Doc. #67). The mediation deadline is extended to December 10, 2019. Signed by Judge Virginia M. Hernandez Covington on 8/29/2019. (MWS)
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| Filing 67 Joint MOTION to Continue The First Mediation Conference Deadline by Delta T, LLC. (Espinosa, Jorge) |
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Filing 66
ENDORSED ORDER: On August 5, 2019, the Court entered its Patent Scheduling Order, directing Plaintiff Delta T, LLC, to file a Notice of Mediation by August 26, 2019. (Doc. #53). A review of the docket reveals that no notice has been filed. Accordingly, Delta T is directed to file a notice of mediation, including the date, time, and location of the mediation conference, by September 3, 2019. Signed by Judge Virginia M. Hernandez Covington on 8/29/2019. (MWS)
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| Filing 65 AMENDED COMPLAINT (Second) against Dan's Fan City, Inc., Home Depot USA, Inc., TroposAir, LLC with Jury Demand. filed by Delta T, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Espinosa, Jorge) |
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Filing 64
ENDORSED ORDER: Plaintiff Delta T, LLC's Unopposed Motion for Leave to File Second Amended Complaint is granted. (Doc. #63). The Second Amended Complaint is due to be filed as a separate pleading by August 29, 2019. Signed by Judge Virginia M. Hernandez Covington on 8/28/2019. (MWS)
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| Filing 63 Unopposed MOTION for leave to file Second Amended Complaint by Delta T, LLC. (Attachments: #1 Exhibit A)(Espinosa, Jorge) |
| Filing 62 RETURN of service executed on 08/10/2019 by Delta T, LLC as to TroposAir, LLC. (Espinosa, Jorge) |
| Filing 61 Defendant, Troposair, LLC's ANSWER and affirmative defenses to #50 Amended Complaint by TroposAir, LLC.(Lueck, Dwight) |
| Filing 60 RETURN of service executed on 08/07/2019 by Delta T, LLC as to Home Depot USA, Inc. (Espinosa, Jorge) |
| Filing 59 ANSWER and affirmative defenses to #50 Amended Complaint by Dan's Fan City, Inc.(Lueck, Dwight) |
| Filing 58 NOTICE of compliance re 42 Order on motion to appear pro hac vice by Delta T, LLC (Cornwell, Judith) |
| Filing 57 NOTICE of compliance re 42 Order on motion to appear pro hac vice by Delta T, LLC (Schwaber, Jeffrey) |
| Filing 56 NOTICE of compliance re 42 Order on motion to appear pro hac vice by Delta T, LLC (Saidman, Perry) |
| Filing 55 SUMMONS issued as to Home Depot USA, Inc., TroposAir, LLC. (LNR) |
| Filing 54 Patent Report sent to Alexandria, VA. (Attachments: #1 Copy of Amended Complaint) (LNR) |
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Filing 53
CASE MANAGEMENT AND SCHEDULING ORDER: Conduct mediation hearing by 11/29/2019. Lead counsel to coordinate dates. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 8/5/2019. (TWL)
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| Filing 52 PROPOSED summons to be issued by Delta T, LLC. (Espinosa, Jorge) |
| Filing 51 PROPOSED summons to be issued by Delta T, LLC. (Espinosa, Jorge) |
| Filing 50 AMENDED COMPLAINT for Patent Infringement and Permanent Injunctive Relief against Dan's Fan City, Inc., Home Depot USA, Inc., TroposAir, LLC with Jury Demand. filed by Delta T, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Espinosa, Jorge) |
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Filing 49
ENDORSED ORDER: Delta T, LLC's unopposed motion for leave to file an Amended Complaint is granted. (Doc. #48). The Amended Complaint is due to be filed as a separate pleading by August 6, 2019. Signed by Judge Virginia M. Hernandez Covington on 8/3/2019. (MWS)
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| Filing 48 MOTION for leave to file First Amended Complaint by Delta T, LLC. (Attachments: #1 Exhibit A)(Espinosa, Jorge) |
| Filing 47 CASE MANAGEMENT REPORT. (Espinosa, Jorge) |
| ***PRO HAC VICE FEES paid by attorney Dwight D. Lueck, Esq, appearing on behalf of Dan's Fan City, Inc. (Filing fee $150 receipt number TPA057562.) Related document: #45 Unopposed MOTION for Dwight D. Lueck to appear pro hac vice. (ARC) |
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Filing 46
ENDORSED ORDER granting #45 motion to appear pro hac vice. Attorney Dwight D. Lueck may appear pro hac vice on behalf of Defendant, with Attorney Kathleen M. Wade designated as local counsel pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Sean P. Flynn on 7/30/2019. (NCR)
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| Filing 45 Unopposed MOTION for Dwight D. Lueck to appear pro hac vice by Dan's Fan City, Inc. (Wade, Kathleen) Motions referred to Magistrate Judge Sean P. Flynn. Modified punctuation on 7/31/2019 (KMM). |
| Filing 44 Defendant's ANSWER and affirmative defenses to #1 Complaint by Dan's Fan City, Inc. (Wade, Kathleen) Modified punctuation on 7/31/2019 (KMM). |
| Filing 43 NOTICE of Appearance by Kathleen M. Wade on behalf of Dan's Fan City, Inc. (Wade, Kathleen) |
| ***PRO HAC VICE FEES paid by attorney Jeffrey M. Schwaber, appearing on behalf of Delta T, LLC (Filing fee $150 receipt number TPA057507.) Related document: #39 Unopposed MOTION for Jeffrey M. Schwaber to appear pro hac vice. (ARC) |
| ***PRO HAC VICE FEES paid by attorney Judith G. Cornwell, appearing on behalf of Delta T, LLC (Filing fee $150 receipt number TPA057507.) Related document: #40 Unopposed MOTION for Judith G. Cornwell to appear pro hac vice. (ARC) |
| ***PRO HAC VICE FEES paid by attorney Perry Saidman, appearing on behalf of Delta T, LLC (Filing fee $150 receipt number TPA057507.) Related document: #41 Unopposed MOTION for Perry Saidman to appear pro hac vice. (ARC) |
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Filing 42
ENDORSED ORDER granting #39 motion to appear pro hac vice; granting #40 motion to appear pro hac vice; granting #41 motion to appear pro hac vice. Attorneys Jeffrey M. Schwaber, Judith G. Cornwell, and Perry Saidman may appear pro hac vice on behalf of Plaintiff, with Attorney Jorge Espinosa designated as local counsel pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsel shall comply with electronic filing requirement and file a notice of compliance with said requirement. Signed by Magistrate Judge Sean P. Flynn on 7/26/2019. (NCR)
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| Filing 41 Unopposed MOTION for Perry Saidman to appear pro hac vice by Delta T, LLC. (Attachments: #1 Supplement Special Admission Attorney Certificate)(Espinosa, Jorge) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 40 Unopposed MOTION for Judith G. Cornwell to appear pro hac vice by Delta T, LLC. (Attachments: #1 Supplement Special Admission Attorney Certificate)(Espinosa, Jorge) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 39 Unopposed MOTION for Jeffrey M. Schwaber to appear pro hac vice by Delta T, LLC. (Attachments: #1 Supplement Special Admission Attorney Certificate)(Espinosa, Jorge) Motions referred to Magistrate Judge Sean P. Flynn. |
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Filing 38
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by August 9, 2019, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 7/26/2019. (MWS)
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| Filing 37 NOTICE of Appearance by Robert Jimenez on behalf of Delta T, LLC (Jimenez, Robert) |
| Filing 36 NOTICE of Appearance by Francesca Russo on behalf of Delta T, LLC (Russo, Francesca) |
| Filing 35 NOTICE of Appearance by Jorge Espinosa on behalf of Delta T, LLC (Espinosa, Jorge) |
| Filing 34 Patent Report sent to Alexandria, VA. (Attachments: #1 Complaint, #2 Order Transferring Case to Middle District of Florida, #3 Middle District of Florida case information) (JNB) |
| Filing 33 NOTICE to counsel Jeffrey M. Schwaber, Perry J. Saidman, Judith G. Cornwell, and Joseph D. Lewis of Local Rule 2.02 (signed by deputy clerk). (JNB) |
| Filing 32 TRANSFER IN from the District of Maryland. Case assigned to District Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New Case Number: 8:19-cv-1731-T-33SPF. (JNB) |
| Filing 31 Case transferred in from District of Maryland; Case Number 8:18-cv-03858. File received electronically |
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Filing 30
ORDER granting #26 Defendant's Motion to Dismiss or, in the Alternative, for Transfer; directing the Clerk to transfer this case to the District Court for the Central District of Florida. Signed by Judge Paul W. Grimm on 7/17/2019. (jf3s, Deputy Clerk) [Transferred from mdd on 7/17/2019.]
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| Filing 29 MEMORANDUM OPINION. Signed by Judge Paul W. Grimm on 7/17/2019. (jf3s, Deputy Clerk) [Transferred from mdd on 7/17/2019.] |
| Filing 28 REPLY to Response to Motion re #26 MOTION to Dismiss for Improper Venue filed by Dan's Fan City, Inc.. (Attachments: #1 Exhibit A)(Lewis, Joseph) [Transferred from mdd on 7/17/2019.] |
| Filing 27 RESPONSE in Opposition re #26 MOTION to Dismiss filed by Delta T, LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Schwaber, Jeffrey) [Transferred from mdd on 7/17/2019.] |
| Filing 26 MOTION to Dismiss by Dan's Fan City, Inc. (Attachments: #1 Memorandum in Support, #2 Affidavit)(Lewis, Joseph) [Transferred from mdd on 7/17/2019.] |
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Filing 25
PROTECTIVE/CONFIDENTIALITY ORDER Governing Venue Related Discovery Material. Signed by Judge Paul W. Grimm on 4/3/2019. (tds, Deputy Clerk) [Transferred from mdd on 7/17/2019.]
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| Filing 24 STIPULATION and Protective Order Governing Venue Related Discovery Material by Delta T, LLC(Schwaber, Jeffrey) [Transferred from mdd on 7/17/2019.] |
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Filing 23
MARGINAL ORDER Approving #21 Discovery Status Report filed by Delta T, LLC. Signed by Judge Paul W. Grimm on 3/5/2019. (heps, Deputy Clerk) [Transferred from mdd on 7/17/2019.]
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| Filing 22 NOTICE of Appearance by Judith G Cornwell on behalf of Delta T, LLC (Cornwell, Judith) [Transferred from mdd on 7/17/2019.] |
| Filing 21 STATUS REPORT regarding discovery by Delta T, LLC(Schwaber, Jeffrey) [Transferred from mdd on 7/17/2019.] |
| Filing 20 Status Conference held on 2/19/2019 before Judge Paul W. Grimm. (ats, Chambers) [Transferred from mdd on 7/17/2019.] |
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Filing 19
PAPERLESS ORDER summarizing this afternoon's telephone conference call with counsel. I directed the parties to submit a status report by 3/1/19 establishing a schedule for limited discovery on the issue of venue and proposing a briefing schedule for Defendant's proposed motion to dismiss, should Defendant conclude the motion is appropriate. Signed by Judge Paul W. Grimm on 2/19/2019. (sb2s, Chambers) [Transferred from mdd on 7/17/2019.]
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Filing 18
PAPERLESS ORDER authorizing a Rule 30(b)(6) deposition of the Defendant in strict compliance with Rule 30 of the Federal Rules of Civil Procedure and the Discovery Guidelines of the U.S. District Court for the District of Maryland. The deposition may not exceed 5 hours. Signed by Judge Paul W. Grimm on 2/19/2019. (sb2s, Chambers) [Transferred from mdd on 7/17/2019.]
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| Filing 17 STATUS REPORT regarding venue related discovery by Delta T, LLC(Schwaber, Jeffrey) [Transferred from mdd on 7/17/2019.] |
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Filing 16
PAPERLESS ORDER SCHEDULING pre-motion telephone conference call on February 19, 2019, at 5:30 PM to discuss options for targeted discovery in connection with Defendant's proposed motion to dismiss for lack of venue AND DIRECTING Plaintiff's counsel to initiate the call to chambers or circulate a conference call number to the parties, as discussed in this morning's telephone conference call with counsel. I direct the parties to confer among themselves and submit a brief status report by 2/15/19 outlining plans for narrow discovery. Signed by Judge Paul W. Grimm on 2/8/2019. (sb2s, Chambers) [Transferred from mdd on 7/17/2019.]
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Filing 15
PAPERLESS ORDER SCHEDULING pre-motion telephone conference call on February 8, 2019, at 11:00AM AND DIRECTING Defendant's counsel to initiate the call to chambers or circulate a conference call number to the parties. Signed by Judge Paul W. Grimm on 1/22/2019. (sb2, Chambers) [Transferred from mdd on 7/17/2019.]
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| Filing 14 Substantive legal issues - addressing (Lewis, Joseph) [Transferred from mdd on 7/17/2019.] |
| Filing 13 Local Rule 103.3 Disclosure Statement by Dan's Fan City, Inc. (Lewis, Joseph) [Transferred from mdd on 7/17/2019.] |
| Filing 12 NOTICE of Appearance by Joseph D Lewis on behalf of Dan's Fan City, Inc. (Lewis, Joseph) [Transferred from mdd on 7/17/2019.] |
| Filing 11 NOTICE of Appearance by Perry J Saidman on behalf of Delta T, LLC (Saidman, Perry) [Transferred from mdd on 7/17/2019.] |
| Filing 10 SUMMONS Returned Executed by Delta T, LLC. Dan's Fan City, Inc. served on 12/28/2018, answer due 1/18/2019.(Schwaber, Jeffrey) [Transferred from mdd on 7/17/2019.] |
| Filing 9 Local Rule 103.3 Disclosure Statement by Delta T, LLC identifying Corporate Parent Big Ass Holding, LLC, Other Affiliate Goldberg Lindsay & Co., LLC, Other Affiliate Lindsay Goldberg for Delta T, LLC.(Schwaber, Jeffrey) [Transferred from mdd on 7/17/2019.] |
| Filing 8 QC NOTICE: #6 Local Rule 103.3 filed by Delta T, LLC was filed incorrectly. The name of the corporate parent/affiliate were not entered. Please re-file the document by selecting Other Filings Other Documents Local Rule 103.3 Disclosure Statement. Please enter corporate parent/affiliate(s) when prompted by CMECF. It has been noted as FILED IN ERROR, and the document link has been disabled. (heps, Deputy Clerk) [Transferred from mdd on 7/17/2019.] |
| Filing 7 Summons Issued 21 days as to Dan's Fan City, Inc.(heps, Deputy Clerk) [Transferred from mdd on 7/17/2019.] |
| Filing 6 (ENTERED IN ERROR PER COUNSEL) Local Rule 103.3(Schwaber, Jeffrey) Modified on 12/20/2018 (heps, Deputy Clerk). [Transferred from mdd on 7/17/2019.] |
| Filing 5 NOTICE by Delta T, LLC re #1 Complaint, Proposed Summons (Schwaber, Jeffrey) [Transferred from mdd on 7/17/2019.] |
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Filing 4
LETTER ORDER Regarding the Filing of Motions. Signed by Judge Paul W. Grimm on 12/17/2018. (heps, Deputy Clerk) [Transferred from mdd on 7/17/2019.]
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| Filing 3 QC NOTICE: #1 Complaint, filed by Delta T, LLC was filed incorrectly. Local Rule 103.3 Disclosure Statement was filed incorrectly. Please re-file the document by selecting Other Filings Other Documents Local Rule 103.3 Disclosure Statement. Please enter corporate parent/affiliate(s) when prompted (heps, Deputy Clerk) [Transferred from mdd on 7/17/2019.] |
| Filing 2 QC NOTICE: #1 Complaint, filed by Delta T, LLC was filed incorrectly. **The following attachments or exhibits are missing - Proposed Summons. To correct this problem, file Proposed Summons using the event Notice (Other) and link Proposed Summons to #1 Complaint. (heps, Deputy Clerk) [Transferred from mdd on 7/17/2019.] |
| Filing 1 COMPLAINT against Dan's Fan City, Inc. ( Filing fee $ 400 receipt number 0416-7730526.), filed by Delta T, LLC d/b/a Big Ass Fan Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet, #8 Attachment Local Rule 103.3)(Schwaber, Jeffrey) [Transferred from mdd on 7/17/2019.] |
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