DeCurtis LLC v. Carnival Corporation
DeCurtis LLC |
Carnival Corporation |
DeCurtis Corporation |
1:2020cv22945 |
July 16, 2020 |
US District Court for the Southern District of Florida |
Robert N Scola |
Edwin G Torres |
Patent |
35 U.S.C. § 0271 |
Plaintiff |
Docket Report
This docket was last retrieved on July 27, 2022. A more recent docket listing may be available from PACER.
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Filing 72 SCHEDULING REPORT - Rule 26(f) by Carnival Corporation, Carnival Corporation (Espinosa, Jorge) |
Filing 71 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Discovery Hearing held on 8/27/2020. Total time in court: 1 hour(s) : 0 minutes. Attorney Appearance(s): Jorge Tadeo Espinosa, T. Vann Pearce, Robert L. Uriarte, Jason Paul Stearns, Justin C. Griffin, (Digital EGT-01-08-27-2020 AT&T Call) (mdc) |
Filing 70 NOTICE of Compliance by Carnival Corporation, Carnival Corporation re #49 Order (Espinosa, Jorge) |
Filing 69 NOTICE of Compliance with Paragraph 3(c) of Order Setting Discovery Procedures by DeCurtis LLC re #49 Order (Stearns, Jason) |
Filing 68 PAPERLESS NOTICE of Telephonic Discovery Hearing: A Telephonic Discovery Hearing is set for 8/27/2020 at 11:30 AM in Miami Division before Magistrate Judge Edwin G. Torres. At the scheduled time, counsel for all parties shall call the following toll-free number: 1-888-684-8852 (access code 5264742#) (security code 1231#). (js02) |
Filing 67 Plaintiff's Sur-Reply to #65 Reply to Response to Motion in Opposition to Defendant Carnival's Motion to Dismiss by DeCurtis LLC. (Stearns, Jason) |
Filing 66 PAPERLESS ORDER: The Court grants #64 DeCurtis's motion for leave to file a sur-reply. To the extent the sur-reply addresses matters outside of Carnival's reply brief, those matters will be disregarded. Consistent with Local Rule 15.1, DeCurtis must separately refile its reply, on or before August 14, 2020. Signed by Judge Robert N. Scola, Jr. (kbe) |
Filing 65 REPLY to Response to Motion re #23 MOTION to Dismiss Complaint and Memorandum in Support if the Court does not Grant Carnival's Motion to Transfer filed by Carnival Corporation, Carnival Corporation. (Espinosa, Jorge) |
Filing 64 Plaintiff's MOTION for Leave to File a Sur-Reply Brief In Opposition to Carnival Corporation's Motion to Dismiss Plaintiff's Complaint by DeCurtis LLC. (Attachments: #1 Exhibit A - DeCurtis's Proposed Sur-Reply in Opposition to Carnival's Motion to Dismiss)(Stearns, Jason) |
Filing 63 PAPERLESS ORDER: The Court grants #47 Carnival Corporation's motion for leave to file a reply to DeCurtis LLC's response to Carnival's motion to dismiss. DeCurtis initially filed its case in the Middle District of Florida. Unlike this district, that district's local rules do not permit a moving party to file a reply brief. Because, in transferring the case to this district, the Middle District determined DeCurtis should have filed its case in this district to begin with, the Court agrees Carnival should be permitted to file its reply. Consistent with Local Rule 15.1, Carnival must separately refile its reply, on or before August 14, 2020.In response to Carnival's motion for leave to file a reply, DeCurtis #60 asks for leave to file a sur-reply. The Court denies, without prejudice, DeCurtis's request because DeCurtis did not included a pre-filing-conference certification, as required by the Court's Local Rules. Local Rule 7.1(a)(3). Signed by Judge Robert N. Scola, Jr. (kbe) |
Filing 62 STATUS REPORT (Joint) by Carnival Corporation, Carnival Corporation (Jimenez, Robert) |
Filing 61 PAPERLESS ORDER: The Court grants #52 , #53 , #54 , #55 , #56 , #57 , #58 , and #59 counsels' motions to appear pro hac vice. Attorneys David C. Gustman, Jeffery M. Cross, Jill C. Anderson, Jennifer L. Fitzgerald, Scott L. Watson, Justin C. Griffin, Patrick T. Schmidt, and Zachary A. Schenkkan are given permission to appear and participate in this matter on behalf of Plaintiff DeCurtis LLC. The Clerk is directed to provide these attorneys with notification of all electronic filings via the email addresses set forth in the motion. Signed by Judge Robert N. Scola, Jr. (kbe) |
Filing 60 Plaintiff's RESPONSE IN OPPOSITION #47 MOTION for Leave to File a Sur-Reply Brief by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Attachments: #1 Exhibit A - DeCurtis's Proposed Sur-Reply in Opposition to Carnival's Motion to Dismiss)(Stearns, Jason)Text, Link and Event Modified on 7/31/2020 (ail). |
Filing 59 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Zachary A. Schenkkan. Filing Fee $ 200.00 Receipt # AFLSDC-13271179 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Proposed Order)(Stearns, Jason) |
Filing 58 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Patrick T. Schmidt. Filing Fee $ 200.00 Receipt # AFLSDC-13271170 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Proposed Order)(Stearns, Jason) |
Filing 57 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Justin C. Griffin. Filing Fee $ 200.00 Receipt # AFLSDC-13271156 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Proposed Order)(Stearns, Jason) |
Filing 56 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Scott L. Watson. Filing Fee $ 200.00 Receipt # AFLSDC-13271142 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Proposed Order)(Stearns, Jason) |
Filing 55 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jennifer L. Fitzgerald. Filing Fee $ 200.00 Receipt # AFLSDC-13271132 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Proposed Order)(Stearns, Jason) |
Filing 54 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jill C. Anderson. Filing Fee $ 200.00 Receipt # AFLSDC-13271117 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Proposed Order)(Stearns, Jason) |
Filing 53 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey M. Cross. Filing Fee $ 200.00 Receipt # AFLSDC-13271102 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Proposed Order)(Stearns, Jason) |
Filing 52 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David C. Gustman. Pay.gov Agency Tracking ID FLSDC-13268433. Filing Fee $ 200.00 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Proposed Order)(Stearns, Jason) |
Filing 51 NOTICE OF WITHDRAWAL OF MOTION by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC re #50 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David C. Gustman; Jeffrey M. Cross; Jill C. Anderson; Jennifer L. Fitzgerald; Scott L. Watson, Justin C. Gri filed by DeCurtis Corporation, DeCurtis LLC (Stearns, Jason) |
Filing 50 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David C. Gustman; Jeffrey M. Cross; Jill C. Anderson; Jennifer L. Fitzgerald; Scott L. Watson, Justin C. Griffin, Patrick T. Schmidt; Zachary A. Schenkkan. Filing Fee $ 200.00 Receipt # AFLSDC-13268433 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: #1 Exhibit Composite A - Attorney Certifications, #2 Exhibit Proposed Order)(Stearns, Jason) |
Filing 49 ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 7/30/2020. See attached document for full details. (mdc) |
Filing 48 Order Consolidating Related Cases; Carnival Corporation v. DeCurtis Corporation and DeCurtis LLC (Case No. 20-21547) is consolidated with the related, higher-numbered action, DeCurtis LLC v. Carnival Corporation (Case No. 20-22945). All future filings in both actions must be submitted under case number 20-22945 only; denying as moot #45 Motion to Consolidate Cases. Status Report due by 8/3/2020. Signed by Judge Robert N. Scola, Jr on 7/28/2020. See attached document for full details. (jao) Modified Judge signature date on 7/29/2020 (asl). |
Filing 47 MOTION for Leave to File Reply Brief by Carnival Corporation. (Attachments: #1 Text of Proposed Order, #2 Exhibit proposed reply)(Espinosa, Jorge) |
Filing 46 RESPONSE to Motion re #45 Unopposed MOTION to Consolidate Cases and to Notice of Related Actions filed by DeCurtis LLC. Replies due by 8/3/2020. (Stearns, Jason) |
Filing 45 Unopposed MOTION to Consolidate Cases by Carnival Corporation. Responses due by 8/7/2020 (Attachments: #1 Text of Proposed Order)(Espinosa, Jorge) |
Filing 44 Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge Signed by Judge Robert N. Scola, Jr on 7/23/2020. See attached document for full details. (yha) |
Filing 43 Bar Letter re: Admissions sent to attorney Scott L. Watson; Patrick T. Schmidt; Justin C. Griffin; Jill Anderson; Jennifer L. Fitzgerald; David C. Gustman; Jeffrey M. Cross, Steven J. Routh; T. Vann Pearce, Jr., mailing date July 17, 2020, (pt) |
Filing 42 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (jua) |
Filing 41 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jua) |
Filing 40 Case transferred in from Florida Middle; Case Number 6:20-cv-00607. Electronic file including transfer order and docket sheet received. .(jua). |
Filing 39 ORDER granting #22 Motion to Transfer; denying #15 Motion to Enjoin Carnival from Prosecuting Second-Filed Lawsuit. The Clerk is directed to transfer the case to the United States District Court for the Southern District of Florida, and thereafter close the file. Signed by Judge Paul G. Byron on 7/15/2020. (JRR) Modified on 7/15/2020 (JRR). |
Filing 38 ENDORSED ORDER discharging #35 Order to show cause. Signed by Judge Paul G. Byron on 7/8/2020. (GNB) copies e-mailed |
Filing 37 RESPONSE TO ORDER TO SHOW CAUSE re #35 Order to show cause filed by DeCurtis LLC. (Stearns, Jason) |
Filing 36 CASE MANAGEMENT REPORT. (Stearns, Jason) |
Filing 35 ORDER TO SHOW CAUSE as to Plaintiff DeCurtis LLC. Plaintiff is hereby ORDERED TO SHOW CAUSE by a written response filed within fourteen (14) days from the date of this Order why this case should not be dismissed for lack of prosecution due to the non-filing of a Case Management Report within the time prescribed by the Court's Related Case Order and Track Two Notice. See footnotes 1 and 2 of Doc. 5. Failure to respond shall result in a dismissal of this action without further notice from the Court. Signed by Judge Paul G. Byron on 7/1/2020. (GNB) copies e-mailed |
Filing 34 ENDORSED ORDER granting #33 Motion to Appear Telephonically. Signed by Judge Paul G. Byron on 6/11/2020. (JRR) |
Filing 33 Joint MOTION for all to appear telephonically to Conduct Rule 26(f) Case Management Conference by All Plaintiffs. (Stearns, Jason) |
Filing 32 NOTICE Regarding Timeliness of Carnival's Opposition re #27 by Carnival Corporation (Fassbender, Diana) Modified on 6/1/2020 (MEJ). |
Filing 31 RESPONSE in Opposition re #22 MOTION to Change Venue / Transfer Case filed by DeCurtis LLC. (Attachments: #1 Exhibit A)(Stearns, Jason) |
Filing 30 RESPONSE in Opposition re #23 MOTION to Dismiss Complaint and Memorandum in Support if the Court does not Grant Carnival's Motion to Transfer, #28 MOTION to File Excess Pages for Response to Carnival Corporation's Motion to Dismiss filed by DeCurtis LLC. (Attachments: #1 Exhibit 1:01/29/2020 Letter from Carnival to DeCurtis, #2 Exhibit 2: 02/20/2020 Letter from Carnival to DeCurtis)(Stearns, Jason) |
Filing 29 ENDORSED ORDER granting #28 Motion to File Excess Pages. Signed by Judge Paul G. Byron on 5/15/2020. (JRR) |
Filing 28 MOTION to File Excess Pages for Response to Carnival Corporation's Motion to Dismiss by DeCurtis LLC. (Stearns, Jason) |
Filing 27 RESPONSE in Opposition re #15 MOTION for Miscellaneous Relief, specifically TO ENJOIN CARNIVAL FROM PROSECUTING DUPLICATIVE, SECOND-FILED LAWSUIT filed by Carnival Corporation. (Attachments: #1 Exhibit, #2 Exhibit)(Downs, Mayanne) |
***PRO HAC VICE FEES paid by attorney Steven J. Routh, appearing on behalf of Carnival Corporation (Filing fee $150 receipt number ORL090664.) Related document: #24 MOTION for Steven J. Routh and T. Vann Pearce, Jr. to appear pro hac vice . (KNC) |
***PRO HAC VICE FEES paid by attorney T. Vann Pearce, Jr., appearing on behalf of Carnival Corporation (Filing fee $150 receipt number ORL090665.) Related document: #24 MOTION for Steven J. Routh and T. Vann Pearce, Jr. to appear pro hac vice . (KNC) |
Filing 26 ORDER granting #24 Motion to Appear Pro Hac Vice. Steven J. Routh, Esq. and T. Vann Pearce, Jr., Esq. may specially appear in this case as counsel for Defendant with Maryanne Downs, Esq., serving as local counsel. Signed by Magistrate Judge Leslie R. Hoffman on 5/7/2020. (MKH) |
Filing 25 CERTIFICATE of interested persons and corporate disclosure statement re #19 Interested persons order by Carnival Corporation. (Downs, Mayanne) |
Filing 24 MOTION for Steven J. Routh and T. Vann Pearce, Jr. to appear pro hac vice by Carnival Corporation. (Attachments: #1 Exhibit A)(Downs, Mayanne) Motions referred to Magistrate Judge Leslie R. Hoffman. |
Filing 23 MOTION to Dismiss Complaint and Memorandum in Support if the Court does not Grant Carnival's Motion to Transfer by Carnival Corporation. (Downs, Mayanne) Modified on 5/5/2020 (MEJ). |
Filing 22 MOTION to Change Venue / Transfer Case by Carnival Corporation. (Attachments: #1 Affidavit, #2 Appendix, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L)(Downs, Mayanne) |
***PRO HAC VICE FEES paid by attorney's David Gustman, Jeffrey M. Cross, Jennifer L Fitzgerald, Jill Anderson, Justin C. Griffin, Patrick T. Schmidt and Scott L. Watson, appearing on behalf of DeCurtis LLC (Filing fee $1050.00 receipt number ORL090509.) Related document: #13 MOTION for David C. Gustman, Jeffery M. Cross, Jill C. Anderson, Jennifer L. Fitzgerald (Freeborn Peters LLP); Scott L. Watson, Justin C. Griffin, Patrick T. Schmidt (Quinn Emanuel Urquhart & Sullivan LLP) to appear pro hac vice on behalf of Plai. (ARJ) Modified on 4/30/2020 (MEJ). |
Sealed Document S-21. (MAA) |
Filing 20 ORDER granting #17 Motion to Seal. The Clerk of Court is DIRECTED to file under seal Exhibit B to Plaintiff's "Motion... to Enjoin Carnival From Prosecuting Duplicative, Second-Filed Lawsuit" and thereafter remove the publicly available version from the docket. See Doc. No. 15-2. Signed by Magistrate Judge Leslie R. Hoffman on 4/27/2020. (MKH) |
Filing 19 INTERESTED PERSONS ORDER. Defendant Carnival Corporation shall file a Certificate of Interested Persons within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 4/27/2020. (GNB) copies e-mailed |
Filing 18 ORDER granting #16 Motion to Appear Pro Hac Vice. David C. Gustman, Esq., Jeffery M. Cross, Esq., Jill C. Anderson, Esq., Jennifer L. Fitzgerald, Esq., Scott L. Watson, Esq., Justin C. Griffin, Esq., and Patrick T. Schmidt, Esq. may specially appear in this case as counsel for Plaintiff with Jason P. Stearns, Esq., serving as local counsel. Signed by Magistrate Judge Leslie R. Hoffman on 4/27/2020. (MKH) |
Filing 17 Unopposed MOTION to Seal Confidential Agreement and Memorandum of Law by Carnival Corporation. (Jimenez, Robert) Motions referred to Magistrate Judge Leslie R. Hoffman. Modified on 4/27/2020 (MEJ). |
Filing 16 Unopposed MOTION for David C. Gustman; Jeffery M. Cross; Jill C. Anderson, Jennifer L. Fitzgerald (Freeborn & Peters LLP) and Scott L. Watson, Justin C. Griffin, Patrick T. Schmidt (Quinn Emanuel Urquhart & Sullivan) to appear pro hac vice Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing on behalf of Plaintiff by DeCurtis LLC. (Attachments: #1 Exhibit Composite A: Certifications, #2 Exhibit B: Proposed Order)(Stearns, Jason) Motions referred to Magistrate Judge Leslie R. Hoffman. |
Filing 15 MOTION for Miscellaneous Relief, specifically TO ENJOIN CARNIVAL FROM PROSECUTING DUPLICATIVE, SECOND-FILED LAWSUIT by DeCurtis LLC. (Attachments: #1 Exhibit A, # 2 Exhibit B-SEALED, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Stearns, Jason) Modified on 4/28/2020 (MEJ). |
Filing 14 ORDER denying without prejudice #13 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie R. Hoffman on 4/22/2020. (MKH) |
Filing 13 MOTION for David C. Gustman, Jeffery M. Cross, Jill C. Anderson, Jennifer L. Fitzgerald (Freeborn Peters LLP); Scott L. Watson, Justin C. Griffin, Patrick T. Schmidt (Quinn Emanuel Urquhart & Sullivan LLP) to appear pro hac vice on behalf of Plaintiff by DeCurtis LLC. (Attachments: #1 Exhibit Composite A: Certifications, #2 Exhibit B: Proposed Order)(Stearns, Jason) Motions referred to Magistrate Judge Leslie R. Hoffman. |
Filing 12 CERTIFICATE of interested persons and corporate disclosure statement (re: #7 Interested Persons Order) by DeCurtis LLC identifying Corporate Parent DeCurtis LLC, Other Affiliate DeCurtis Holdings, LLC, Other Affiliate Shamrock Capital for DeCurtis LLC.. (Stearns, Jason) Modified on 4/22/2020 (MAA). |
Filing 11 NOTICE of pendency of related cases (re: #5 Related Case Order) per Local Rule 1.04(d) by DeCurtis LLC. Related case(s): Yes (Stearns, Jason) Modified on 4/22/2020 (MAA). |
Filing 10 RETURN of Summons executed on 4/13/20 by DeCurtis LLC (Stearns, Jason) Modified on 4/21/2020 (MEJ). |
Filing 9 Patent Report sent to Alexandria, VA. (Attachments: #1 Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (MEJ) |
Filing 8 SUMMONS issued as to Carnival Corporation. (MEJ) |
Filing 7 INTERESTED PERSONS ORDER. The Certificate of Interested Persons shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 4/10/2020. (GNB) copies e-mailed |
Filing 6 STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie R. Hoffman on 1/6/2020. (MKH) |
Filing 5 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. The Notice of Pendency of Other Actions shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 4/10/2020. (GNB) copies e-mailed |
Filing 4 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Leslie R. Hoffman. New case number: 6:20-cv-607-Orl-40LRH. (SJB) |
Filing 3 SUPPLEMENT re #1 Complaint Civil Cover Sheet by DeCurtis LLC. (Stearns, Jason) |
Filing 2 PROPOSED summons to be issued by DeCurtis LLC. (Stearns, Jason) |
Filing 1 COMPLAINT against Carnival Corporation with Jury Demand (Filing fee $ 400 receipt number 113A-16682936) filed by DeCurtis LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Stearns, Jason) |
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