Precis Group, LLC v. Tracfone Wireless, Inc.
| Precis Group, LLC |
| Tracfone Wireless Inc. |
| 1:2021cv21541 |
| April 22, 2021 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Edwin G Torres |
| Patent |
| 35 U.S.C. § 0271 |
| Defendant |
Docket Report
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| Set/Reset Deadline as to #76 Defendant's MOTION for Judgment on the Pleadings . Responses due by 6/21/2021. SEE DE 81 ORDER (ail) |
Filing 81
PAPERLESS ORDER granting #80 Motion for Extension of Time. Plaintiff shall respond to Defendant's Motion for Judgment on the Pleadings on or before June 21, 2021. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 80 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #76 Defendant's MOTION for Judgment on the Pleadings by Precis Group, LLC. (Attachments: #1 Text of Proposed Order)(Gilchrist, Brian) |
| Set/Reset Deadline as to #76 Defendant's MOTION for Judgment on the Pleadings . Responses due by 6/14/2021.SEE DE 79 ORDER (ail) |
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Filing 79
PAPERLESS ORDER granting #78 Motion for Extension of Time. Plaintiff shall respond to Defendant's Motion for Judgment on the Pleadings on or before June 14, 2021. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 78 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #76 Defendant's MOTION for Judgment on the Pleadings by Precis Group, LLC. (Attachments: #1 Text of Proposed Order)(Gilchrist, Brian) |
| Filing 77 REPLY to Response to Motion re #72 MOTION for Hearing on Markman filed by Tracfone Wireless Inc.. (Weiss, Aaron) |
| Filing 76 Defendant's MOTION for Judgment on the Pleadings by Tracfone Wireless Inc.. (Attachments: #1 Text of Proposed Order )(Weiss, Aaron) |
| Filing 75 ANSWER to Counterclaim by Precis Group, LLC. (Gilchrist, Brian) |
| Filing 74 RESPONSE in Opposition re #72 MOTION for Hearing on Markman filed by Precis Group, LLC. Replies due by 6/1/2021. (Thornburg, Robert) |
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Filing 73
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 5/18/2021. See attached document for full details. (mdc)
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| Filing 72 MOTION for Hearing on Markman by Tracfone Wireless Inc.. (Attachments: #1 Exhibit 1 - Sedona Conference Report, #2 Exhibit 2 - WDTX Standing Order, #3 Exhibit 3 - Proposed Order)(Weiss, Aaron) |
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Filing 71
**DUPLICATE** SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: Trial set for 5/23/2022 before Judge Darrin P. Gayles., Calendar Call set for 5/18/2022 at 9:30 AM before Judge Darrin P. Gayles., Status Conference set for 2/9/2022 at 10:00 AM before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles on 5/6/2021. See attached document for full details. (ail) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. Modified on 5/7/2021 (ail).
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Filing 70
SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: Trial set for 5/23/2022 before Judge Darrin P. Gayles., Calendar Call set for 5/18/2022 at 9:00 AM before Judge Darrin P. Gayles., Status Conference set for 2/9/2022 at 10:00 AM before Judge Darrin P. Gayles Signed by Judge Darrin P. Gayles on 5/6/2021. See attached document for full details. (ail) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 69 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 5/5/2021. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (hs01) |
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Filing 68
PAPERLESS ORDER granting #66 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Stevenson Moore may appear and participate in this action on behalf of Precis Group LLC. The Clerk shall provide electronic notification of all electronic filings to Stevenson Moore, at smoore@nilawfirm.com. Signed by Judge Darrin P. Gayles (hs01)
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Filing 67
PAPERLESS ORDER granting #65 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Neal Massand may appear and participate in this action on behalf of Precis Group LLC. The Clerk shall provide electronic notification of all electronic filings to Neal Massand at nmassand@nilawfirm.com. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 66 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stevenson Moore V. Filing Fee $ 200.00 Receipt # AFLSDC-14661180 by Precis Group, LLC. Responses due by 5/18/2021 (Attachments: #1 Certification by Stevenson Moore V, #2 Text of Proposed Order)(Gilchrist, Brian) |
| Filing 65 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Neal Massand. Filing Fee $ 200.00 Receipt # AFLSDC-14661165 by Precis Group, LLC. Responses due by 5/18/2021 (Attachments: #1 Certification by Neal Massand, #2 Text of Proposed Order)(Gilchrist, Brian) |
| Filing 64 NOTICE of Attorney Appearance by Robert Houpt Thornburg on behalf of Precis Group, LLC. Attorney Robert Houpt Thornburg added to party Precis Group, LLC(pty:pla), Attorney Robert Houpt Thornburg added to party Precis Group, LLC(pty:cd). (Thornburg, Robert) |
| Filing 63 NOTICE of Attorney Appearance by Brian Roy Gilchrist on behalf of Precis Group, LLC. Attorney Brian Roy Gilchrist added to party Precis Group, LLC(pty:pla), Attorney Brian Roy Gilchrist added to party Precis Group, LLC(pty:cd). (Gilchrist, Brian) |
| Filing 62 NOTICE by Tracfone Wireless Inc. re 59 Order Setting Status Conference, (Attachments: #1 Exhibit A - Proposed Scheduling Order) (Weiss, Aaron) |
| Filing 61 TracFone Wireless Inc's ANSWER and Affirmative Defenses to Complaint with Jury Demand , COUNTERCLAIM against Precis Group, LLC by Tracfone Wireless Inc.. (Stull, John) |
| Filing 60 NOTICE of Attorney Appearance by John Coy Stull on behalf of Tracfone Wireless Inc.. Attorney John Coy Stull added to party Tracfone Wireless Inc.(pty:dft). (Stull, John) |
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Filing 59
PAPERLESS ORDER Setting Status Conference: Telephonic Status Conference set for May 5, 2021, at 10:00 a.m. before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 58 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (hs01) |
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Filing 57
PAPERLESS ORDER granting #56 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Ethan Horwitz may appear and participate in this action on behalf of TracFoneWireless, Inc. The Clerk shall provide electronic notification of all electronic filings to Mr. Horwitz at ehorwitz@carltonfields.com. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 56 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ethan Horwitz. Filing Fee $ 200.00 Receipt # AFLSDC-14626821 by Tracfone Wireless Inc.. Responses due by 5/6/2021 (Attachments: #1 Exhibit A - Certification of Ethan Horwitz, #2 Exhibit B - Proposed Order)(Weiss, Aaron) |
| Filing 55 Bar Letter re: Admissions sent to attorney Stevenson Moore, Timothy T. Wang, Neal Massand, mailing date April 22, 2021, (pt) |
| Filing 54 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 COMPLAINT) (bb) |
| Filing 53 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. 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. (bb) |
| Filing 52 Case transferred in from Texas Western; Case Number 6:20-cv-00303. Electronic file including transfer order and docket sheet received. .(bb). |
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Filing 51
ORDER GRANTING #38 Motion to Change Venue. Case is hereby transferred to the United States District Court for the Southern District of Florida under 1404(a). Signed by Judge Alan D Albright. (mc5)
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| Filing 50 USCA Federal Circuit ORDER filed granting TracFone's petition for a writ of mandamus. The March 11, 2021 order is vacated, and the district court is directed to grant TracFone's motion to the extent that the case is transferred to the United States District Court for the Southern District of Florida under 1404(a). (lad) (Additional attachment(s) added on 4/21/2021: #1 Federal Circuit public docket sheet and documents) (lad). |
| Filing 49 Courtesy copy of Order from Federal Circuit directing Precis Group LLC to respond to the petition #2 no later than seven days from the date of filing of this order. Any reply in support of the petition is due no later than three days thereafter. (lad) |
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Filing 48
ORDER DENYING #12 Motion to Dismiss ; DENYING #12 Motion to Transfer Case. Signed by Judge Alan D Albright. (am)
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Filing 47
ORDER re #46 Petition for Writ of Mandamus. IT IS ORDERED THAT: The Petition for Writ of Mandamus is granted and the district court is ordered to issue its ruling on the motion to transfer within 30 days from the issuance of this order, and to provide a reasoned basis for its ruling that is capable of meaningful appellate review. See SK hynix, 835 F. Appx at 601. We also order that all proceedings in the case are stayed until further notice. We do not address the merits of TracFones motions, leaving those decisions to be made by the district court in the first instance. But we remind the lower court that any familiarity that it has gained with the underlying litigation due to the progress of the case since the filing of the complaint is irrelevant when considering the transfer motion and should not color its decision.. Signed by Judge Unassigned. (am)
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| Filing 46 United States Court of Appeals for the Federal Circuit new case docketed. Case Number: 21-118 (lad) |
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Filing 45
Standing Order Regarding Filing Documents Under Seal and Redacted Pleadings in Patent Cases. Signed by Judge Alan D Albright. as of 2/12/2021. (bot1)
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| Filing 44 Transcript filed of Proceedings held on 12-29-20, Proceedings Transcribed: Markman hearing. Court Reporter/Transcriber: Kristie Davis, Telephone number: 254-340-6114. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 2/22/2021, Redacted Transcript Deadline set for 3/4/2021, Release of Transcript Restriction set for 5/3/2021, (kd) |
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Filing 43
AMENDED CLAIM CONSTRUCTION ORDER. Signed by Judge Alan D Albright. (bw)
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| Filing 42 Joint MOTION to Amend/Correct #41 Order on Claim Constructions by Tracfone Wireless, Inc.. (Attachments: #1 Proposed Order)(Weiss, Aaron) |
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Filing 41
CLAIM CONSTRUCTION ORDER. Signed by Judge Alan D Albright. (bw)
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| Filing 40 Minute Entry for proceedings held before Judge Alan D Albright. Markman Hearing held on 12/29/2020. Case called for Markman Hearing by zoom. The Court heard arguments on disputed claim terms and made ruling on the terms. There is a venue motion that is ripe for a ruling. The Court said he will get with the law clerks to either make a ruling or set another hearing to hear arguments on that motion. The Court set the Jury Trial for March 21, 2022 as there are 4 patents in this case. The Court explained his normal procedures of the magistrate judge handling voir dire the Thursday or Friday before the trial. There will be a 7 person jury and 4 strikes per side. (Minute entry documents are not available electronically.) (Court Reporter Kristie Davis.)(bw) |
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Filing 39
ORDER RESETTING Markman Hearing for 12/29/2020 01:30 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot1)
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| Filing 38 Opposed MOTION to Change Venue - FOR DECISION ON PENDING VENUE MOTION PRIOR TO THE MARKMAN HEARING by Tracfone Wireless, Inc.. (Weiss, Aaron) |
| Filing 37 STIPULATION with respect to presenation of witness testimony by declaration only at Markman hearing by Tracfone Wireless, Inc.. (Weiss, Aaron) |
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Filing 36
ORDER RESETTING Markman Hearing for 12/29/2020 12:30 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot2)
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| Filing 35 NOTICE of Joint Claim Construction Statement by Precis Group, LLC (Massand, Neal) |
| Filing 34 BRIEF regarding #28 Brief by Precis Group, LLC. (Massand, Neal) |
| Filing 33 BRIEF regarding #32 Brief, #29 Brief by Tracfone Wireless, Inc.. (Attachments: #1 Appendix)(Weiss, Aaron) |
| Filing 32 BRIEF by Precis Group, LLC. (Attachments: #1 Exhibit Exhibit 1)(Massand, Neal) |
| Filing 31 RESPONSE to Plaintiff's Markman Brief to #28 Brief by Tracfone Wireless, Inc.. (Attachments: #1 Appendix)(Weiss, Aaron) |
| Filing 30 Updated Standing Order Governing Proceedings Patent Cases |
| Filing 29 BRIEF by Tracfone Wireless, Inc.. (Attachments: #1 Appendix)(Weiss, Aaron) |
| Filing 28 BRIEF by Precis Group, LLC. (Attachments: #1 Exhibit Exhibit A)(Massand, Neal) |
| Filing 27 REPLY to Response to Motion, filed by Tracfone Wireless, Inc., re #25 Opposed MOTION to Stay Case pending ruling on Motion to Transfer filed by Defendant Tracfone Wireless, Inc. (Attachments: #1 Exhibit 1 - Proposed Order)(Weiss, Aaron) |
| Filing 26 Memorandum in Opposition to Motion, filed by Precis Group, LLC, re #25 Opposed MOTION to Stay Case pending ruling on Motion to Transfer filed by Defendant Tracfone Wireless, Inc. (Massand, Neal) |
| Filing 25 Opposed MOTION to Stay Case pending ruling on Motion to Transfer by Tracfone Wireless, Inc.. (Weiss, Aaron) |
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Filing 24
ORDER GRANTING #23 Motion for Protective Order. Signed by Judge Alan D Albright. (am)
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| Filing 23 Joint MOTION for Protective Order by Precis Group, LLC. (Attachments: #1 Proposed Order)(Massand, Neal) |
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Filing 22
SCHEDULING ORDER: Joinder of Parties due by 2/17/2021. Amended Pleadings due by 3/31/2021. Markman Hearing set for 1/6/2021 before Judge Alan D Albright. Motions due by 10/18/2021. Pretrial Conference set for 12/22/2021 before Judge Alan D Albright. Jury Selection and Jury Trial set for 1/31/2022 before Judge Alan D Albright. Signed by Judge Alan D Albright. (am)
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| Filing 21 Amended Proposed Scheduling Order by Precis Group, LLC. (Massand, Neal) Modified on 8/3/2020 (am). |
| Filing 20 Proposed Scheduling Order by Precis Group, LLC. (Massand, Neal) |
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Filing 19
ORDER CANCELLING TELEPHONIC SCHEDULINGCONFERENCE. IT IS HEREBY ORDERED that the above entitled and numbered case having been set for TELEPHONIC SCHEDULING CONFERENCE on Friday, July 17, 2020 at 09:00 AM is hereby CANCELLED until further order of the court. Signed by Judge Alan D Albright. (am)
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| Filing 18 NOTICE of Attorney Appearance by Ethan Horwitz on behalf of Tracfone Wireless, Inc.. Attorney Ethan Horwitz added to party Tracfone Wireless, Inc.(pty:dft) (Horwitz, Ethan) |
| Filing 17 REPLY to Response to Motion, filed by Tracfone Wireless, Inc., re #12 MOTION to Dismiss pursuant to 12(b)(3) or transfer pursuant to 28 U.S.C. 1406, based on improper venue MOTION to Transfer Case to the Southern District of Florida, pursuant to 28 U.S.C. 1404(a) filed by Defendant Tracfone Wireless, Inc. (Attachments: #1 Appendix)(Weiss, Aaron) |
| Filing 16 Response in Opposition to Motion, filed by Precis Group, LLC, re #12 MOTION to Dismiss pursuant to 12(b)(3) or transfer pursuant to 28 U.S.C. 1406, based on improper venue MOTION to Transfer Case to the Southern District of Florida, pursuant to 28 U.S.C. 1404(a) filed by Defendant Tracfone Wireless, Inc. (Massand, Neal) |
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Text Order GRANTING #15 Motion for Extension of Time to File Response/Reply entered by Judge Alan D Albright. Before the Court is Plaintiff Precis Group LLC's Agreed Motion for Extension of Time to File Response to Defendant Tracfone Wireless, Inc.'s Motion to Dismiss pursuant to Rule 12(b)(3) or to Transfer pursuant to 28 U.S.C. 1406 based on improper venue. The Court GRANTS the motion. It is therefore ORDERED that the deadline by which Plaintiff must respond to Defendant's Motion be extended up to and including July 10, 2020, and the deadline by which Defendant must reply, be extended up to and including July 17, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)
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Text Order GRANTING #14 Motion to Appear Pro Hac Vice. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)
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| Filing 15 Agreed MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss pursuant to 12(b)(3) or transfer pursuant to 28 U.S.C. 1406, based on improper venue MOTION to Transfer Case to the Southern District of Florida, pursuant to 28 U.S.C. 1404(a) by Precis Group, LLC. (Attachments: #1 Proposed Order Proposed Order)(Massand, Neal) |
| Filing 14 MOTION to Appear Pro Hac Vice by Aaron Stenzler Weiss ( Filing fee $ 100 receipt number 0542-13716924) by on behalf of Tracfone Wireless, Inc.. (Attachments: #1 Proposed Order)(Weiss, Aaron) |
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Filing 13
ORDER GOVERNING PROCEEDINGS PATENT CASE, Telephone Conference set for 7/17/2020 09:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (am)
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| Filing 12 MOTION to Dismiss pursuant to 12(b)(3) or transfer pursuant to 28 U.S.C. 1406, based on improper venue, MOTION to Transfer Case to the Southern District of Florida, pursuant to 28 U.S.C. 1404(a) by Tracfone Wireless, Inc.. (Attachments: #1 Appendix)(Weiss, Aaron) |
| Filing 11 NOTICE of Attorney Appearance by Stevenson Moore on behalf of Precis Group, LLC (Moore, Stevenson) |
| Filing 10 SUMMONS Returned Executed by Precis Group, LLC. Precis Group, LLC served on 4/27/2020, answer due 6/26/2020. (Massand, Neal) |
| Reset Deadlines: Tracfone Wireless, Inc. answer due 6/26/2020. (am) |
| Filing 9 Certificate of Interested Parties / Corporate Disclosure Statement by Tracfone Wireless, Inc.. (Weiss, Aaron) |
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Text Order GRANTING #7 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Came on for consideration is Defendant's Motion. Noting that it is unopposed, the Court GRANTS the Motion. Defendant shall have up to and including June 26, 2020 to answer or otherwise respond to Plaintiff's Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)
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| Filing 8 NOTICE of Attorney Appearance by Aaron Stenzler Weiss on behalf of Tracfone Wireless, Inc.. Attorney Aaron Stenzler Weiss added to party Tracfone Wireless, Inc.(pty:dft) (Weiss, Aaron) |
| Filing 7 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Tracfone Wireless, Inc.. (Attachments: #1 Proposed Order)(Weiss, Aaron) |
| Filing 6 Summons Issued as to Tracfone Wireless, Inc.. (bw) |
| Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (bw) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS by Precis Group, LLC. (Massand, Neal) |
| Filing 3 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Massand, Neal) |
| Filing 2 RULE 7 DISCLOSURE STATEMENT filed by Precis Group, LLC. (Massand, Neal) |
| Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-13484757), filed by Precis Group, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhbit C, #4 Exhibit Exhibit D, #5 Civil Cover Sheet Civil Cover Sheet)(Massand, Neal) |
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Filing 5
STANDING ORDER from U.S. District Judge Alan D. Albright regarding scheduled civil hearings. Signed by Judge Alan D Albright. (Attachments: #1 Supplemental Standing Order from Chief Judge Garcia re COVID19)(mc5)
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