Perfect Keto, LLC v. University of South Florida Board of Trustees et al
| Perfect Keto, LLC |
| Axcess Global Sciences, Inc., University of South Florida Board of Trustees and University of South Florida Research Foundation, Inc. |
| 8:2021cv01295 |
| May 27, 2021 |
| US District Court for the Middle District of Florida |
| Anthony E Porcelli |
| Mary S Scriven |
| Julie S Sneed |
| Patent |
| 28 U.S.C. § 2201 Declaratory Judgment |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 14, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 56
ORDER ADOPTING #48 Report and Recommendations; GRANTING #18 Motion to Dismiss for Lack of Jurisdiction; GRANTING IN PART and DENYING IN PART #19 Motion to Dismiss for Failure to State a Claim. Signed by Judge Mary S. Scriven on 7/14/2022. (KLS)
|
|
Filing 55
ENDORSED ORDER DENYING #52 Perfect Keto's Motion for Leave to File a Reply Brief Addressing New Evidence in Support of its Objections to the Magistrate Judge's Report and Recommendation. Should the Court require additional briefing regarding this matter, it will direct the Parties to file such briefing via a sua sponte Order. Signed by Judge Mary S. Scriven on 7/7/2022. (KLS)
|
| Filing 54 RESPONSE in Opposition re #52 MOTION for Leave to File Other Document :Reply in Support of Perfect Keto's Objections to Magistrate Judge's Report and Recommendation filed by Axcess Global Sciences, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Platt, Brian) |
| Filing 53 RESPONSE in Opposition re #52 MOTION for Leave to File Other Document :Reply in Support of Perfect Keto's Objections to Magistrate Judge's Report and Recommendation Response of Defendants, University of South Florida Board of Trustees and University of South Florida Research Foundation, Inc., in Opposition to Perfect Keto's Motion for Leave to File a Reply Brief Addressing New Evidence in Support of Its Objections to the Magistrate Judge's Report and Recommendation filed by University of South Florida Board of Trustees, University of South Florida Research Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fee, Richard) |
| Filing 52 MOTION for Leave to File Other Document :Reply in Support of Perfect Keto's Objections to Magistrate Judge's Report and Recommendation by Perfect Keto, LLC. (O'Shea, Kevin) |
| Filing 51 RESPONSE re #49 Objection Response of Defendants University of South Florida Research Foundation, Inc. and University of South Florida Board of Trustees in Opposition to Plaintiff's Objections to Report and Recommendation filed by University of South Florida Board of Trustees, University of South Florida Research Foundation, Inc.. (Fee, Richard) |
| Filing 50 RESPONSE to objections to #48 Report and Recommendations filed by Axcess Global Sciences, Inc.. (Platt, Brian) |
| Filing 49 OBJECTION re #48 REPORT AND RECOMMENDATIONS re #18 MOTION to Dismiss for Lack of Jurisdiction and Incorporated Memoran filed by University of South Florida Research Foundation, Inc., University of South Florida Board of Trustees, #19 MOTION to Dismiss fo . (Attachments: #1 Exhibit 1, License, #2 Exhibit 2, Pleading, #3 Exhibit 3, Pleading, #4 Exhibit 4, Pleading, #5 Exhibit 5, Pleading, #6 Exhibit 6, Pleading)(O'Shea, Kevin) |
| Filing 48 REPORT AND RECOMMENDATIONS re #18 MOTION to Dismiss for Lack of Jurisdiction filed by University of South Florida Research Foundation, Inc., University of South Florida Board of Trustees, and #19 MOTION to Dismiss for Failure to State a Claim filed by Axcess Global Sciences, Inc. Signed by Magistrate Judge Anthony E. Porcelli on 2/25/2022. (BMM) |
| Filing 46 Minute Entry. Virtual Proceedings held before Magistrate Judge Anthony E. Porcelli: MOTION HEARING held on 1/26/2022 re #18 MOTION to Dismiss for Lack of Jurisdiction and Incorporated Memorandum filed by University of South Florida Research Foundation, Inc., University of South Florida Board of Trustees, #19 MOTION to Dismiss for Failure to State a Claim filed by Axcess Global Sciences, Inc. (digital) (LV) Modified text on 1/27/2022 (AG). |
| Filing 45 NOTICE OF RESCHEDULING HEARING: The motion hearing previously scheduled for 1/27/2022 at 10:00 AM is rescheduled. New scheduling date and time: Motion Hearing set for 1/26/2022 at 02:00 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli via Zoom. The Zoom login information will be sent separately. (BMM) |
| Filing 44 NOTICE of hearing on motions re #18 MOTION to Dismiss for Lack of Jurisdiction by Defendants, University of South Florida Board of Trustees and University of South Florida Research Foundation, Inc., and #19 MOTION to Dismiss for Failure to State a Claim by Defendant Axcess Global Sciences, Inc. Motion Hearing set for 1/27/2022 at 10:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli via Zoom. The Zoom login information will be sent separately. (BMM) |
|
Filing 43
ENDORSED ORDER GRANTING #42 Defendants' Unopposed Motion to Stay Pending Ruling on Dispositive Motion. This case is hereby stayed pending the resolution of Defendants' Motions to Dismiss. (Dkt. 18, 19) Upon resolution of the Motions, the Court will reset any outstanding deadlines, including the trial term, if necessary. Signed by Judge Mary S. Scriven on 11/22/2021. (APF)
|
| Filing 42 Unopposed MOTION to Stay re #18 MOTION to Dismiss for Lack of Jurisdiction by Axcess Global Sciences, Inc. (Platt, Brian) Modified text on 11/23/2021 (ABC). |
| Filing 41 NOTICE of Plaintiff's preliminary invalidity contentions by Perfect Keto, LLC re #36 Case Management Scheduling Order. (O'Shea, Kevin) Modified text on 11/8/2021 (ABC). |
| Filing 40 NOTICE of mediation conference/hearing to be held on November 8, 2022 at 9:00 a.m. before Robert Daisley. (O'Shea, Kevin) |
| Filing 39 NOTICE by Axcess Global Sciences, Inc. re #36 Case Management / FLSA / ADA / Social Security / Scheduling Order Contentions Regarding Infringement of U.S. Patent No. 10,646,462 (Platt, Brian) |
| Filing 38 NOTICE by University of South Florida Board of Trustees, University of South Florida Research Foundation, Inc. re #36 Case Management / FLSA / ADA / Social Security / Scheduling Order of filing Disclosure of Defendants, University of South Florida Board of Trustees and University of South Florida Research Foundation, Inc. Regarding Preliminary Infringement Contentions (Fee, Richard) |
| Filing 37 REPLY to Response to Motion re #18 MOTION to Dismiss for Lack of Jurisdiction Defendants, University of South Florida Board of Trustees and University of South Florida Research Foundation, Inc.'s Motion to Dismiss for Lack of Subject Matter Jurisdiction and Incorporated Memoran Plaintiff's Sur-Reply filed by Perfect Keto, LLC. (O'Shea, Kevin) |
|
Filing 36
CASE MANAGEMENT AND SCHEDULING ORDER: (PATENT CASE) Pretrial statement due by 3/17/2023. Jury Trial set for the MAY 2023 TRIAL TERM, which commences May 1, 2023, with a more precise trial date to follow. Conduct mediation hearing by 11/11/2022. Lead counsel to coordinate dates. Signed by Judge Mary S. Scriven on 9/30/2021. (CRB)
|
| Filing 35 REPLY to Response to Motion re #18 MOTION to Dismiss for Lack of Jurisdiction Defendants, University of South Florida Board of Trustees and University of South Florida Research Foundation, Inc.'s Motion to Dismiss for Lack of Subject Matter Jurisdiction and Incorporated Memoran filed by University of South Florida Board of Trustees, University of South Florida Research Foundation, Inc.. (Fee, Richard) |
|
Filing 34
ENDORSED ORDER granting #30 Motion for Leave to File Document. On or before September 28, 2021, Defendants University of South Florida Board of Trustees and University of South Florida Research Foundation may submit a reply brief, not to exceed five (5) pages in length. Additionally, on or before October 5, 2021, Plaintiff may submit a sur-reply, not to exceed five (5) pages in length. Signed by Magistrate Judge Anthony E. Porcelli on 9/21/2021. (JMF)
|
| Filing 33 Case Reassigned to Magistrate Judge Anthony E. Porcelli. New case number: 8:21cv1295-MSS-AEP. Magistrate Judge Julie S. Sneed no longer assigned to the case. Motion(s) REFERRED: #30 MOTION for Leave to File Other Document: Reply to Perfect Keto's Opposition to USF's Motion to Dismiss for Lack of Subject Matter Jurisdiction, #18 MOTION to Dismiss for Lack of Jurisdiction, #19 MOTION to Dismiss for Failure to State a Claim. Motion(s) referred to Magistrate Judge Anthony E. Porcelli. (AG) |
|
Filing 32
ORDER of recusal. The Clerk is directed to reassign this case to another magistrate judge by random draw and provide notice to the parties of the new magistrate judge. Signed by Magistrate Judge Julie S. Sneed on September 21, 2021. (AKA)
|
| Filing 31 MEMORANDUM in opposition re #30 Motion for Leave to File Amicus Brief / Document filed by Perfect Keto, LLC. (O'Shea, Kevin) |
| Filing 30 MOTION for Leave to File Other Document :Reply to Perfect Keto's Opposition to USF's Motion to Dismiss for Lack of Subject Matter Jurisdiction and Incorporated Memorandum of Law by University of South Florida Board of Trustees, University of South Florida Research Foundation, Inc. (Fee, Richard) |
|
Filing 29
ORDER REFERRING MOTIONS: #18 Defendants, University of South Florida Board of Trustees and University of South Florida Research Foundation, Inc.'s Motion to Dismiss for Lack of Subject Matter Jurisdiction, #19 and Defendant Axcess Global Sciences, LLC's Motion to Dismiss for Failure to State a Claim. Pursuant to 28 U.S.C. 636, this Court REFERS the above-mentioned motions to the Honorable Magistrate Judge Julie S. Sneed for entry of an Order or Report and Recommendation, as appropriate. Signed by Judge Mary S. Scriven on 9/2/2021. (APF) Motions referred to Magistrate Judge Julie S. Sneed.
|
| Filing 28 MEMORANDUM in opposition re #19 Motion to Dismiss for Failure to State a Claim filed by Perfect Keto, LLC. (O'Shea, Kevin) |
| Filing 27 MEMORANDUM in opposition re #18 Motion to Dismiss / Lack of Jurisdiction filed by Perfect Keto, LLC. (Attachments: #1 Exhibit License, #2 Exhibit Pleading, #3 Exhibit Pleading, #4 Exhibit Pleading)(O'Shea, Kevin) |
| FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-18597706 for $150 paid. Special Admission for Non-Resident Attorney Brian N. Platt. (Platt, Brian) |
|
Filing 26
ORDER granting #25 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Julie S. Sneed on August 13, 2021. (BRC)
|
| Filing 25 Unopposed MOTION for Brian N. Platt to appear pro hac vice by Axcess Global Sciences, Inc. (Matulis, James) Motions referred to Magistrate Judge Julie S. Sneed. Modified on 8/13/2021 (TDC). |
| Filing 24 CASE MANAGEMENT REPORT. (O'Shea, Kevin) |
| Filing 23 CERTIFICATE of interested persons and corporate disclosure statement by Axcess Global Sciences, Inc. (Matulis, James) Modified on 8/11/2021 (TDC). |
| Filing 22 NOTICE of a related action Notice of Pendency of Other Actions per Local Rule 1.07(c) by University of South Florida Board of Trustees, University of South Florida Research Foundation, Inc. Related case(s): No (Fee, Richard) Modified on 8/11/2021 (TDC). |
| Filing 21 CERTIFICATE of interested persons and corporate disclosure statement by University of South Florida Board of Trustees, University of South Florida Research Foundation, Inc. (Fee, Richard) Modified on 8/11/2021 (TDC). |
| Filing 20 DECLARATION of Brian N. Platt, Esq. re #19 MOTION to Dismiss for Failure to State a Claim by Axcess Global Sciences, Inc. (Attachments: #1 Exhibit A - U.S. Patent 10,646,462, #2 Exhibit B - Pre-form Pre-Workout Powder Label Supplement Facts, #3 Exhibit C - Nootropic Brain Label Supplement Facts)(Matulis, James) Modified on 8/10/2021 (TDC). |
| Filing 19 MOTION to Dismiss for Failure to State a Claim by Axcess Global Sciences, Inc. (Matulis, James) Modified on 8/10/2021 (TDC). |
| Filing 18 MOTION to Dismiss for Lack of Jurisdiction and Incorporated Memorandum of Law by University of South Florida Board of Trustees, University of South Florida Research Foundation, Inc. (Attachments: #1 Exhibit A)(Fee, Richard) Modified on 8/9/2021 (TDC). Modified text on 1/27/2022 (AG). |
| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement re #1 Complaint by Perfect Keto, LLC. (O'Shea, Kevin) |
| Filing 16 NOTICE of Appearance by Richard Edson Fee on behalf of University of South Florida Board of Trustees, University of South Florida Research Foundation, Inc. (Fee, Richard) |
|
Filing 15
ENDORSED ORDER striking #14 Case Management Report. The parties are directed to re-file their Case Management Report within 14 days of the date of this Order, providing all of the information required by the Court's Order. Signed by Judge Mary S. Scriven on 7/29/2021. (CRB)
|
| Filing 14 ***STRICKEN PER 15 ORDER.*** CASE MANAGEMENT REPORT. (O'Shea, Kevin) Modified on 7/29/2021 (TDC). |
|
Filing 13
ENDORSED ORDER GRANTING #12 Defendant Axcess Global Sciences, LLC's Unopposed Motion to Extend Time to Respond to Complaint. Defendant shall have up to and including August 9, 2021 to file its answer or otherwise respond to the Complaint. Signed by Judge Mary S. Scriven on 7/8/2021. (APF)
|
| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Axcess Global Sciences, Inc. (Matulis, James) Modified on 7/7/2021 (TDC). |
| Filing 11 RETURN of service executed on 06/14/2021 by Perfect Keto, LLC as to Axcess Global Sciences, Inc. (Pollack, Woodrow) Modified on 7/7/2021 (TDC). |
| Filing 10 WAIVER of service returned executed on 6/9/21 by University of South Florida Research Foundation, Inc. as to Perfect Keto, LLC. (Fee, Richard) |
| Filing 9 WAIVER of service returned executed on 6/9/21 by University of South Florida Board of Trustees as to Perfect Keto, LLC. (Fee, Richard) |
|
Filing 8
ORDER granting #7 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Julie S. Sneed on June 2, 2021. (BRC)
|
| Filing 7 MOTION for Kevin O'Shea to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18316512 for $150 by All Plaintiffs. (Pollack, Woodrow) Motions referred to Magistrate Judge Julie S. Sneed. |
| Filing 6 NOTICE to counsel of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (CRB) |
| Filing 5 Patent Report sent to Alexandria, VA. (Attachments: #1 Complaint) (TDC) |
| Filing 4 SUMMONS issued as to Axcess Global Sciences, Inc., University of South Florida Board of Trustees, University of South Florida Research Foundation, Inc. (TDC) |
| Filing 3 NOTICE to counsel Kevin J. O'Shea 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). (TDC) |
| Filing 2 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Julie S. Sneed. New case number: 8:21-cv-1295-MSS-JSS. (SJB) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18301634) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons USF Board of Trustees, #3 Proposed Summons USF Research Foundation, #4 Proposed Summons Axcess Global Sciences)(Pollack, Woodrow) Modified on 5/27/2021 (TDC). |
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.
