Estech Systems IP, LLC v. 3CX USA Corp. et al
| Estech Sytems IP, LLC and Estech Systems IP, LLC |
| 3CX USA Corp. and 3CX Ltd. |
| 8:2023cv02968 |
| December 27, 2023 |
| US District Court for the Middle District of Florida |
| Thomas P Barber |
| Kathryn Kimball Mizelle |
| Christopher P Tuite |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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Filing 21
ENDORSED ORDER: The #20 Motion for Extension of Time to Answer is GRANTED. 3CX USA Corp. may respond to the #16 amended complaint no later than March 21, 2024. Signed by Judge Kathryn Kimball Mizelle on 2/9/2024. (CMM)
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| Filing 20 Unopposed MOTION for Extension of Time to File Answer re #16 Amended Complaint by Estech Systems IP, LLC. (Williams, Fred) |
| Filing 19 Patent Report electronically sent to the U.S. Patent and Trademark Office. (AJS) |
| Filing 18 CERTIFICATE of interested persons and corporate disclosure statement by Estech Sytems IP, LLC identifying Corporate Parent Estech Systems, Inc. for Estech Sytems IP, LLC. (Williams, Fred) |
| Filing 17 NOTICE of a related action per Local Rule 1.07(c) by Estech Sytems IP, LLC. Related case(s): Yes (Attachments: #1 Attachment A)(Williams, Fred) |
| Filing 16 First AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Estech Systems IP, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Williams, Fred) Modified on 1/18/2024 to edit docket text (AJS). |
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Filing 15
ORDER: Upon review, the Court finds the #1 complaint constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). Specifically, the complaint contains "multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint." Id. at 1321. Accordingly, the Plaintiff's complaint is DISMISSED, and the Plaintiff is granted leave to amend their complaint no later than January 18, 2024. If the Plaintiff fails to amend the complaint or submits another shotgun pleading, this action will be dismissed without further notice. Signed by Judge Kathryn Kimball Mizelle on 1/5/2024. (CMM)
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Filing 14
ENDORSED ORDER: Estech Systems IP, LLC's Corporate Disclosure Statement, (Doc. #2), fails to meet the standards this Court requires to effectively screen cases for potential conflicts. The Court requires parties to disclose "ownership however small of a party's shares or stock," not simply those whose ownership constitutes 10% or more. (See Doc. #13 at 7.) Estech Systems IP, LLC must file a new statement using the form attached to the #13 Civil Case Order (also on the undersigned's website) by January 18, 2023. Signed by Judge Kathryn Kimball Mizelle on 1/4/2024. (CMM)
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Filing 13
CIVIL CASE STANDING ORDER. The Parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any Defendant appears. Each Party must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 1/4/2024. (CMM)
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| Filing 12 Case Reassigned to Judge Kathryn Kimball Mizelle. New case number: 8:23-cv-2968-KKM-CPT. Judge Thomas P. Barber no longer assigned to the case. (KE) |
| Filing 11 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (SRC) |
| Filing 10 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). (SRC) |
| Filing 9 NOTICE TO COUNSEL John Wittenzellner of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (KME) |
| Filing 8 SUMMONS issued as to 3CX Ltd., 3CX USA Corp. (KME) |
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Filing 7
ENDORSED ORDER granting Plaintiff's #3 Motion for Special Admission of Attorney Fred I. Williams. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 12/28/2023. (ACL)
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| Filing 4 Patent Report electronically sent to the U.S. Patent and Trademark Office. (KME) |
| Filing 6 PROPOSED summons to be issued by Estech Sytems IP, LLC. (KME) (Additional attachment(s) added on 12/28/2023: #1 Mailing Envelope) (KME). |
| Filing 5 PROPOSED summons to be issued by Estech Sytems IP, LLC. (KME) (Additional attachment(s) added on 12/28/2023: #1 Mailing Envelope) (KME). |
| Filing 3 MOTION for Fred I. Williams to appear pro hac vice by Estech Sytems IP, LLC. (Attachments: #1 Mailing Envelope)(KME) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 2 CORPORATE disclosure statement by Estech Sytems IP, LLC. (KME) (Additional attachment(s) added on 12/28/2023: #1 Mailing Envelope) (KME). |
| Filing 1 COMPLAINT against 3CX Ltd., 3CX USA Corp. with Jury Demand Filing fee $405.00, receipt number TPA69698 filed by Estech Sytems IP, LLC. (Attachments: #1 Cover Letter, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Civil Cover Sheet, #6 Mailing Envelope)(KME) (Additional attachment(s) added on 12/28/2023: #7 AO120) (KME). |
| ***PRO HAC VICE FEES PAID (Receipt Number TPA69698 for $150) by attorney Fred I. Williams, appearing on behalf of Estech Sytems IP, LLC. Related document: #3 MOTION for Fred I. Williams to appear pro hac vice. (KME) |
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