Kirsch Research and Development LLC v. Intertape Polymer Corp
| Kirsch Research and Development LLC |
| Intertape Polymer Corp. |
| 8:2020cv01982 |
| August 25, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 15, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 58
ORDER appointing Peter Grilli, Esq. as mediator in this action. The mediation conference is scheduled for April 13, 2021, at 9:30AM. 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 10/23/2020. (LEA)
|
| Filing 57 NOTICE of mediation conference/hearing to be held on April 13, 2021 at 9:30 a.m. before Mr. Peter J. Grilli. (Ma, Jonathan) |
|
Filing 56
CASE MANAGEMENT AND SCHEDULING ORDER: Conduct mediation hearing by 4/22/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 10/14/2020. (TWL)
|
| Filing 55 Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: SCHEDULING CONFERENCE held on 10/14/2020. Court Reporter: Sharon A. Miller (TWL) |
|
Filing 54
ENDORSED ORDER: For the reasons stated on the record at the Case Management Hearing, the defendant's motion to stay discovery (Doc. #51) is denied. Signed by Judge Virginia M. Hernandez Covington on 10/14/2020. (LEA)
|
| Filing 53 REQUEST for oral argument re #52 Response to motion to Dismiss First Amended Complaint by Kirsch Research and Development LLC. (Wang, Benjamin) |
| Filing 52 RESPONSE to Motion re #47 MOTION to Dismiss First Amended Complaint filed by Kirsch Research and Development LLC. (Attachments: #1 Exhibit 1)(Wang, Benjamin) |
| Filing 51 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss by Intertape Polymer Corp. (McDermott, Paul) |
|
Filing 50
ENDORSED ORDER: The parties have filed their Case Management Report. (Doc. #48). Upon review, the Court determines that a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Accordingly, the parties are directed to attend a Case Management Hearing via Zoom videoconference on October 14, 2020, at 2:00 PM. The parties should come prepared to discuss all issues in the case. Signed by Judge Virginia M. Hernandez Covington on 10/8/2020. (AR)
|
| Filing 49 NOTICE of hearing: Scheduling Conference set for 10/14/2020 at 2:00 PM. This hearing will be conducted via Zoom video conference before Judge Virginia M. Hernandez Covington. The Clerk will be sending an invitation to the meeting via email. If you have any questions please contact courtroom deputy, Tamecika Lee, at Tamecika_Lee@flmd.uscourts.gov. Although the hearing is taking place by video, all parties should dress appropriately for this Court proceeding. Furthermore, the parties are hereby reminded that under Local Rule 4.11(b) the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited.(TWL) |
| Filing 48 CASE MANAGEMENT REPORT. (McDermott, Paul) |
| Filing 47 MOTION to Dismiss First Amended Complaint by Intertape Polymer Corp. (Attachments: #1 Exhibit)(McDermott, Paul) |
| ***PRO HAC VICE FEES paid by attorney Theresa M. Troupson, appearing on behalf of Kirsch Research and Development LLC (Filing fee $150 receipt number TPA061984.) Related document: #40 Unopposed MOTION for Marc A. Fenster, Benjamin T. Wang, Amy E. Hayden, Theresa M. Troupson, Jonathan Ma, Andrew D. Weiss, and K. Andrew Kent to appear pro hac vice . (ARC) |
| ***PRO HAC VICE FEES paid by attorney Benjamin T. Wang, appearing on behalf of Kirsch Research and Development LLC (Filing fee $150 receipt number TPA061985.) Related document: #40 Unopposed MOTION for Marc A. Fenster, Benjamin T. Wang, Amy E. Hayden, Theresa M. Troupson, Jonathan Ma, Andrew D. Weiss, and K. Andrew Kent to appear pro hac vice . (ARC) |
| ***PRO HAC VICE FEES paid by attorney Marc A. Fenster, appearing on behalf of Kirsch Research and Development LLC (Filing fee $150 receipt number TPA061986.) Related document: #40 Unopposed MOTION for Marc A. Fenster, Benjamin T. Wang, Amy E. Hayden, Theresa M. Troupson, Jonathan Ma, Andrew D. Weiss, and K. Andrew Kent to appear pro hac vice . (ARC) |
| ***PRO HAC VICE FEES paid by attorney Amy E. Hayden, appearing on behalf of Kirsch Research and Development LLC (Filing fee $150 receipt number TPA061983.) Related document: #40 Unopposed MOTION for Marc A. Fenster, Benjamin T. Wang, Amy E. Hayden, Theresa M. Troupson, Jonathan Ma, Andrew D. Weiss, and K. Andrew Kent to appear pro hac vice . (ARC) |
| ***PRO HAC VICE FEES paid by attorney Jonathan Ma, appearing on behalf of Kirsch Research and Development LLC (Filing fee $150 receipt number TPA061982.) Related document: #40 Unopposed MOTION for Marc A. Fenster, Benjamin T. Wang, Amy E. Hayden, Theresa M. Troupson, Jonathan Ma, Andrew D. Weiss, and K. Andrew Kent to appear pro hac vice . (ARC) |
| ***PRO HAC VICE FEES paid by attorney K. Andrew Kent, appearing on behalf of Kirsch Research and Development LLC (Filing fee $150 receipt number TPA061979.) Related document: #40 Unopposed MOTION for Marc A. Fenster, Benjamin T. Wang, Amy E. Hayden, Theresa M. Troupson, Jonathan Ma, Andrew D. Weiss, and K. Andrew Kent to appear pro hac vice . (ARC) |
| ***PRO HAC VICE FEES paid by attorney Andrew D. Weiss, appearing on behalf of Kirsch Research and Development LLC (Filing fee $150 receipt number TPA061980.) Related document: #42 Unopposed MOTION for Matthew Aichele to appear pro hac vice and written designation and consent to act. (ARC) |
| ***PRO HAC VICE FEES paid by attorney Matthew D. Alchele, appearing on behalf of Kirsch Research and Development LLC (Filing fee $150 receipt number TPA061981.) Related document: #42 Unopposed MOTION for Matthew Aichele to appear pro hac vice and written designation and consent to act. (ARC) |
|
Filing 46
ORDER granting #40 Plaintiff's Unopposed Motion to Appear Pro Hac Vice; granting #42 Plaintiff's Unopposed Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Julie S. Sneed on September 21, 2020. (TLM)
|
|
Filing 45
ORDER granting #41 Plaintiff's Unopposed Motion to Withdraw as Counsel. Elizabeth L. DeRieux is relieved of any further responsibility to represent Plaintiff in this case. Signed by Magistrate Judge Julie S. Sneed on September 21, 2020. (TLM)
|
| Filing 44 SUPPLEMENT re: #40 Unopposed MOTION for Marc A. Fenster, Benjamin T. Wang, Amy E. Hayden, Theresa M. Troupson, Jonathan Ma, Andrew D. Weiss, and K. Andrew Kent to appear pro hac vice , #42 Unopposed MOTION for Matthew Aichele to appear pro hac vice and written designation and consent to act and Statement of Compliance with Local Rule 2.02 by Kirsch Research and Development LLC. (Hull, Bryan) Modified text on 9/17/2020 (JNB). |
|
Filing 43
ENDORSED ORDER directing the parties to supplement #40 and #42, Motions for Admission to Appear Pro Hac Vice. Middle District of Florida Local Rule 2.02 provides that "[a]ny attorney who is not a resident of Florida but who is a member in good standing of the bar of any District Court of the United States; outside Florida; may appear specially as counsel of record." The parties' motions provide that the attorneys seeking special admission are members in good standing of various state bars, but do not specify whether the attorneys are members in good standing of the bar of any District Court of the United States outside of Florida, as required. The parties shall supplement their motions with a statement of compliance with Local Rule 2.02 on or before September 18, 2020. The parties are not required to submit certificates of good standing. Signed by Magistrate Judge Julie S. Sneed on September 10, 2020. (TLM)
|
| Filing 42 Unopposed MOTION for Matthew Aichele to appear pro hac vice and written designation and consent to act by Kirsch Research and Development LLC. (Hull, Bryan) Motions referred to Magistrate Judge Julie S. Sneed. |
| Filing 41 Unopposed MOTION to Withdraw Elizabeth L. DeRieux as Counsel for Plaintiff Kirsch Research and Development LLC by Kirsch Research and Development LLC. (Hull, Bryan) |
| Filing 40 Unopposed MOTION for Marc A. Fenster, Benjamin T. Wang, Amy E. Hayden, Theresa M. Troupson, Jonathan Ma, Andrew D. Weiss, and K. Andrew Kent to appear pro hac vice by Kirsch Research and Development LLC. (Hull, Bryan) Motions referred to Magistrate Judge Julie S. Sneed. |
|
Filing 39
ORDER granting #36 Defendant's Motion for Pro Hac Vice Admission of J. Mark Wilson. Signed by Magistrate Judge Julie S. Sneed on September 3, 2020. (TLM)
|
|
Filing 38
ENDORSED ORDER granting in part and denying in part the unopposed motion for extension of time to respond to the amended complaint and file the Case Management Report. (Doc #37). The response to the amended complaint is now due September 29, 2020. The Case Management Report is now due October 6, 2020. Signed by Judge Virginia M. Hernandez Covington on 9/3/2020. (LEA)
|
| Filing 37 Unopposed MOTION for Extension of Time to File Response to First Amended Complaint and File Case Management Report by Intertape Polymer Corp. (McDermott, Paul) |
| Filing 36 MOTION for John Mark Wilson to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17264683 for $150 by Intertape Polymer Corp.. (Attachments: #1 Exhibit, #2 Exhibit)(McDermott, Paul) Motions referred to Magistrate Judge Julie S. Sneed. |
| Filing 35 NOTICE of Appearance by Paul Andrew McDermott on behalf of Intertape Polymer Corp. (McDermott, Paul) |
|
Filing 34
ORDER granting #26 Joint Motion for Entry of Protective Order. Signed by Magistrate Judge Julie S. Sneed on September 1, 2020. (TLM)
|
| Filing 33 AMENDED COMPLAINT for Patent Infringement against Intertape Polymer Corp. with Jury Demand. filed by Kirsch Research and Development LLC. Related document: #1 Complaint filed by Kirsch Research and Development LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hull, Bryan) |
| Filing 32 NOTICE of Appearance by Bryan D. Hull on behalf of Kirsch Research and Development LLC (Hull, Bryan) |
|
Filing 31
ENDORSED ORDER: Upon review, the Defendant's answer in this matter is due September 8, 2020. In addition, counsel are directed to meet and confer, in person or by telephone, and by September 22, 2020, file a completed Case Management Report for Patent Cases. 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 for Patent Cases 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 8/25/2020. (SGM)
|
| Filing 30 TRANSFER IN from the Northern District of Texas. Case assigned to District Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New Case Number: 8:20-cv-1982-T-33JSS. (AG) |
| Filing 29 Case transferred in from District of Texas Northern; Case Number 3:20-cv-01029. File received electronically |
|
Filing 28
ELECTRONIC ORDER TRANSFERRING TO ANOTHER DISTRICT - Before the Court is Kirsch Plaintiff Research and Development, LLC ("Kirsch") and Defendant Intertape Polymer Corp. ("IPC") (Kirsch and IPC, collectively, the "Parties"), by and through their respective counsel, have stipulated to transfer this case to the Middle District of Florida (Tampa Division). Therefore, the Court hereby ORDERS that this case shall be TRANSFERRED to the Middle District of Florida, Tampa Division). Defendant's Motion to Dismiss is DENIED as MOOT. (Ordered by Judge Ed Kinkeade on 8/13/2020) (chmb) [Transferred from txnd on 8/25/2020.]
|
| Filing 27 Joint STIPULATION to Transfer Case to the Middle District of Florida (Tampa Division) by Kirsch Research and Development LLC. (Attachments: #1 Proposed Order) (Wang, Benjamin) [Transferred from txnd on 8/25/2020.] |
| Filing 26 Joint MOTION for Protective Order filed by Kirsch Research and Development LLC (Attachments: #1 Proposed Order) (Wang, Benjamin) [Transferred from txnd on 8/25/2020.] |
| Filing 25 Appendix in Support filed by Intertape Polymer Corp re #23 MOTION to Dismiss for Improper Venue, #24 Brief/Memorandum in Support of Motion (Tomlinson, Christopher) [Transferred from txnd on 8/25/2020.] |
| Filing 24 Brief/Memorandum in Support filed by Intertape Polymer Corp re #23 MOTION to Dismiss for Improper Venue (Tomlinson, Christopher) [Transferred from txnd on 8/25/2020.] |
| Filing 23 MOTION to Dismiss for Improper Venue filed by Intertape Polymer Corp with Brief/Memorandum in Support. (Tomlinson, Christopher) [Transferred from txnd on 8/25/2020.] |
| Filing 22 WAIVER OF SERVICE Returned Executed as to Intertape Polymer Corp. Waiver sent on 5/27/2020. (Wang, Benjamin) [Transferred from txnd on 8/25/2020.] |
|
Filing 21
ELECTRONIC ORDER granting Applications for Admission Pro Hac Vice for K. Andrew Kent, Jonathan Ma, and Theresa M. Troupson. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g) in case 3:20-cv-01024-K; 3:20-cv-01025-K; 3:20-cv-01028-K; 3:20-cv-01029-K; and in case 3:20-cv-01030-K. (Ordered by Judge Ed Kinkeade on 5/20/2020) (chmb) [Transferred from txnd on 8/25/2020.]
|
|
Filing 20
ELECTRONIC ORDER granting Application for Admission Pro Hac Vice of Amy E. Hayden. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g) in case 3:20-cv-01024-K; 3:20-cv-01025-K; 3:20-cv-01028-K; 3:20-cv-01029-K; and in case 3:20-cv-01030-K. (Ordered by Judge Ed Kinkeade on 5/20/2020) (chmb) [Transferred from txnd on 8/25/2020.]
|
| Filing 19 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Theresa M. Troupson (Filing fee $100; Receipt number 0539-10850500) filed by Kirsch Research and Development LLC (Attachments: #1 Proposed Order, #2 Exhibit(s) Certificate of Good Standing) (DeRieux, Elizabeth) [Transferred from txnd on 8/25/2020.] |
| Filing 18 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jonathan Ma (Filing fee $100; Receipt number 0539-10850499) filed by Kirsch Research and Development LLC (Attachments: #1 Proposed Order, #2 Exhibit(s) Certificate of Good Standing) (DeRieux, Elizabeth) [Transferred from txnd on 8/25/2020.] |
| Filing 17 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney K. Andrew Kent (Filing fee $100; Receipt number 0539-10850496) filed by Kirsch Research and Development LLC (Attachments: #1 Proposed Order, #2 Exhibit(s) Certificate of Good Standing) (DeRieux, Elizabeth) [Transferred from txnd on 8/25/2020.] |
| Filing 16 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Amy E. Hayden (Filing fee $100; Receipt number 0539-10850495) filed by Kirsch Research and Development LLC (Attachments: #1 Proposed Order, #2 Exhibit(s) Certificate of Good Standing) (DeRieux, Elizabeth) [Transferred from txnd on 8/25/2020.] |
| Filing 15 SUMMONS Returned Executed as to Intertape Polymer Corp ; served on 4/30/2020. (Wang, Benjamin) [Transferred from txnd on 8/25/2020.] |
| Filing 14 NOTICE of Attorney Appearance by Marc A Fenster on behalf of Kirsch Research and Development LLC. (Filer confirms contact info in ECF is current.) (Fenster, Marc) [Transferred from txnd on 8/25/2020.] |
|
Filing 13
ELECTRONIC ORDER granting (11) Application for Admission Pro Hac Vice of Benjamin T. Wang. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). in case 3:20-cv-01024-K; granting (12) Application for Admission Pro Hac Vice of Benjamin T. Wang. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). in case 3:20-cv-01025-K; granting (12) Application for Admission Pro Hac Vice of Benjamin T. Wang. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). in case 3:20-cv-01028-K; granting (12) Application for Admission Pro Hac Vice of Benjamin T. Wang. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). in case 3:20-cv-01029-K; granting (12) Application for Admission Pro Hac Vice of Benjamin T. Wang. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). in case 3:20-cv-01030-K (Ordered by Judge Ed Kinkeade on 5/4/2020) (chmb) [Transferred from txnd on 8/25/2020.]
|
| Filing 12 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Benjamin T. Wang (Filing fee $100; Receipt number 0539-10809343) filed by Kirsch Research and Development LLC (Attachments: #1 Proposed Order, #2 Exhibit(s) Certificate of Good Standing) (DeRieux, Elizabeth) [Transferred from txnd on 8/25/2020.] |
|
Filing 11
ELECTRONIC ORDER granting (9) Motion for Leave to Proceed Without Local Counsel in case 3:20-cv-01024-K; granting (9) Motion for Leave to Proceed Without Local Counsel in case 3:20-cv-01025-K; granting (10) Motion for Leave to Proceed Without Local Counsel in case 3:20-cv-01028-K; granting (10) Motion for Leave to Proceed Without Local Counsel in case 3:20-cv-01029-K; granting (10) Motion for Leave to Proceed Without Local Counsel in case 3:20-cv-01030-K. The Court may at anytime require Plaintiff to designate local counsel. (Ordered by Judge Ed Kinkeade on 4/29/2020) (chmb) [Transferred from txnd on 8/25/2020.]
|
| Filing 10 MOTION for Leave to Proceed Without Local Counsel filed by Kirsch Research and Development LLC (Attachments: #1 Proposed Order) (DeRieux, Elizabeth) [Transferred from txnd on 8/25/2020.] |
|
Filing 9
ELECTRONIC ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in this district. Accordingly, within twenty days of this date, plaintiff Kirsch Research and Development LLC, shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so may result in dismissal of this case without prejudice and without further notice. (Ordered by Judge Ed Kinkeade on 4/24/2020) (chmb) [Transferred from txnd on 8/25/2020.]
|
| Filing 8 Summons Issued as to Intertape Polymer Corp. (hml) [Transferred from txnd on 8/25/2020.] |
| Filing 7 Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (hml) [Transferred from txnd on 8/25/2020.] |
| Filing 6 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from txnd on 8/25/2020.] |
| Filing 5 Request for Clerk to issue Summons filed by Kirsch Research and Development LLC. (DeRieux, Elizabeth) [Transferred from txnd on 8/25/2020.] |
| Filing 4 NOTICE of REPORT ON THE FILING OR DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK filed by Kirsch Research and Development LLC (DeRieux, Elizabeth) [Transferred from txnd on 8/25/2020.] |
| Filing 3 NOTICE of Related Case filed by Kirsch Research and Development LLC (DeRieux, Elizabeth) [Transferred from txnd on 8/25/2020.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kirsch Research and Development LLC. (DeRieux, Elizabeth) [Transferred from txnd on 8/25/2020.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against Intertape Polymer Corp. filed by Kirsch Research and Development LLC. (Filing fee $400; Receipt number 0539-10792871) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Cover Sheet) (DeRieux, Elizabeth) [Transferred from txnd on 8/25/2020.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Fri Apr 24 16:27:48 CDT 2020 (crt) [Transferred from txnd on 8/25/2020.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
