Epic Systems Corporation v. Decapolis Systems, LLC
| Epic Systems Corporation |
| Decapolis Systems, LLC |
| 9:2022cv80173 |
| February 2, 2022 |
| US District Court for the Southern District of Florida |
| Donald M Middlebrooks |
| Patent |
| 28 U.S.C. § 2201 Declaratory Judgment |
| Defendant |
Docket Report
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This docket was last retrieved on September 1, 2022. A more recent docket listing may be available from PACER.
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| Filing 64 RESPONSE to #62 Notice of Supplemental Authority by Decapolis Systems, LLC. (Kesten, Marc) |
| Filing 63 RESPONSE to #61 Notice of Supplemental Authority by Decapolis Systems, LLC. (Kesten, Marc) |
| Filing 62 Notice of Supplemental Authority re #35 MOTION for Judgment on the Pleadings by Epic Systems Corporation (Attachments: #1 Exhibit A- ClearDoc, Inc. v. RiversideFM, Inc.) (Edson, Kelli) |
| Filing 61 Notice of Supplemental Authority re #35 MOTION for Judgment on the Pleadings by Epic Systems Corporation (Attachments: #1 Exhibit A- Vroom Inc. v. Sidekick Technology, LLC) (Edson, Kelli) |
| Filing 60 RESPONSE to #58 Notice of Supplemental Authority by Epic Systems Corporation. (Edson, Kelli) |
| Filing 59 RESPONSE to #57 Notice of Supplemental Authority by Epic Systems Corporation. (Edson, Kelli) |
| Filing 58 Notice of Supplemental Authority re #35 MOTION for Judgment on the Pleadings , #38 Response in Opposition to Motion by Decapolis Systems, LLC (Kesten, Marc) |
| Filing 57 Notice of Supplemental Authority re #35 MOTION for Judgment on the Pleadings , #38 Response in Opposition to Motion by Decapolis Systems, LLC (Kesten, Marc) |
Filing 56
PAPERLESS ORDER denying #51 Motion for Leave to file Sur-Reply. Defendant seeks leave to file a sur-reply attaching an expert report in support of its opposition to Plaintiff's Motion for Judgment on the Pleadings. I do not find that there is any basis to permit a sur-reply. Decapolis does not contend that new issues were raised in reply or that it is directing the court to new legal authority on which the court may permissibly rely. Nor would it be appropriate for the court to consider an expert report on a motion for judgment on the pleadings, let alone an expert report prepared to support a summary judgment motion in separate litigation to which Plaintiff is not a party. Decapolis additionally provides no legal authority to support its motion, which provides further grounds to deny the motion. See S.D. Fla. L.R. 7.1(a)(1) (requiring "a memorandum of law citing supporting authorities" with every motion, subject to exceptions not applicable here). Decapolis' Motion for Leave to file Sur-Reply is therefore denied. Signed by Judge Donald M. Middlebrooks on 8/10/2022. (kal)
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| Filing 55 REPLY to Response to Motion re #51 First MOTION for Leave to File Sur-Reply filed by Decapolis Systems, LLC. (Kesten, Marc) |
| Filing 54 RESPONSE to #50 Notice of Supplemental Authority by Epic Systems Corporation. (Edson, Kelli) |
| Filing 53 RESPONSE in Opposition re #51 First MOTION for Leave to File Sur-Reply filed by Epic Systems Corporation. Replies due by 8/16/2022. (Edson, Kelli) |
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Filing 52
PAPERLESS ORDER EXPEDITING BRIEFING re #51 Motion for Leave to File Sur-Reply. Defendant seeks leave to file a sur-reply with an attached expert report in support of its Opposition to Plaintiff's Motion for Judgment on the Pleadings, which Plaintiff opposes. In order to resolve this issue without unnecessary delay, I will expedite the briefing schedule on this motion. Accordingly, Plaintiff must respond to Defendant's Motion for Leave by August 9, 2022. Defendant may file a reply by August 12, 2022. However, Defendant is advised that I will consider the motion ripe when Plaintiff responds and I may rule without the need for a reply. Signed by Judge Donald M. Middlebrooks on 8/3/2022. (ifr)
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| Filing 51 First MOTION for Leave to File Sur-Reply by Decapolis Systems, LLC. (Attachments: #1 Exhibit A)(Kesten, Marc) |
| Filing 50 Notice of Supplemental Authority re #38 Response in Opposition to Motion by Decapolis Systems, LLC (Attachments: #1 Exhibit A) (Kesten, Marc) |
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Filing 49
PAPERLESS ORDER granting #48 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Matthew J. Duchemin. Signed by Judge Donald M. Middlebrooks on 7/13/2022. (ifr)
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| Filing 48 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew J. Duchemin. Filing Fee $ 200.00 Receipt # AFLSDC-15783764 by Epic Systems Corporation. Responses due by 7/26/2022 (Attachments: #1 Text of Proposed Order)(Edson, Kelli) |
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Filing 47
ORDER granting #39 Motion to Stay; denying #41 Motion to Compel. Signed by Judge Donald M. Middlebrooks on 6/13/2022. See attached document for full details. (dj)
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Filing 46
ORDER granting #45 Motion for Withdraw as Counsel. Anita Marie Boor representing Epic Systems Corporation (Plaintiff) and Epic Systems Corporation (Counter Defendant) withdrawn from case. Notice of Termination delivered by US Mail to Anita Boor. Signed by Judge Donald M. Middlebrooks on 6/13/2022. See attached document for full details. (drz)
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| Filing 45 MOTION to Withdraw as Attorney by Anita Marie Boor for / by Epic Systems Corporation. Responses due by 6/24/2022 (Attachments: #1 Text of Proposed Order)(Edson, Kelli) |
| Filing 44 REPLY to Response to Motion re #35 MOTION for Judgment on the Pleadings filed by Epic Systems Corporation. (Edson, Kelli) |
| Filing 43 RESPONSE to Motion re #39 MOTION to Stay Pending Dispositive Motion for Judgment on the Pleadings filed by Decapolis Systems, LLC. Replies due by 6/16/2022. (Kesten, Marc) |
| Filing 42 NOTICE of Filing Plaintiff's Opening Claim Construction Brief by Epic Systems Corporation (Attachments: #1 Declaration of Bryce A. Loken, #2 Exhibit A - Responsive Claim Construction Brief in Decapolis v. eClinical Works, #3 Exhibit B - Prosecution History of U.S. Patent No. 7,464,040, #4 Exhibit C - Encarta World English Dictionary Excerpt, #5 Exhibit D - U.S. Patent No. 6,208,973, #6 Exhibit E - The Chambers Dictionary Excerpt, #7 Exhibit F - The American Heritage English Dictionary Excerpt) (Edson, Kelli) |
| Filing 41 MOTION to Compel Defendant to cure deficiencies in Preliminary Infringement Contentions, Responses to First Interrogatories and Responses to First Request for Production by Epic Systems Corporation. Responses due by 6/21/2022 (Attachments: #1 Declaration of Bryce A. Loken, #2 Exhibit A - Defendants Responses to Plaintiffs First Set of Requests for Production, #3 Exhibit B - Defendants Infringement Claim Chart for U.S. Patent No. 7,464,040, #4 Exhibit C - Defendants Infringement Claim chart for U.S. Patent No. 7,490,048, #5 Exhibit D - Defendants Preliminary Infringement Contentions, #6 Exhibit E - Defendants Responses to Plaintiffs First Set of Interrogatories, #7 Exhibit F - May 31, 2022 Letter, #8 Exhibit G - June 6, 2022 E-mail Exchange)(Edson, Kelli) |
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Filing 40
PAPERLESS ORDER EXPEDITING BRIEFING re #39 Plaintiff's Motion to Stay. Plaintiff moves to all discovery and pending deadlines until the resolution of its Rule 12(c) Motion for Judgment on the Pleadings, which Defendant opposes. In order to resolve this issue without unnecessary delay, I find it necessary to expedite the briefing schedule on this motion. Accordingly, Defendant must file a Response by June 9, 2022. Plaintiff may file a Reply by June 13, 2022, however I will consider this motion ripe when Defendant responds and I may rule without the need for a Reply. Signed by Judge Donald M. Middlebrooks on 6/6/2022. (kal)
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| Filing 39 MOTION to Stay Pending Dispositive Motion for Judgment on the Pleadings by Epic Systems Corporation. Responses due by 6/17/2022 (Attachments: #1 Declaration of Bryce A. Loken, #2 Exhibit A- May 16-26, 2022 E-mails, #3 Exhibit B- Decapolis' Proposed Constructions, #4 Exhibit C- Articles of Organization)(Edson, Kelli) |
| Filing 38 RESPONSE in Opposition re #35 MOTION for Judgment on the Pleadings filed by Decapolis Systems, LLC. Replies due by 6/10/2022. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kesten, Marc) |
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Filing 37
PAPERLESS ORDER granting #36 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Bryce A. Loken. Signed by Judge Donald M. Middlebrooks on 6/2/2022. (kal)
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| Filing 36 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Bryce A. Loken. Filing Fee $ 200.00 Receipt # AFLSDC-15679449 by Epic Systems Corporation. Responses due by 6/14/2022 (Attachments: #1 Text of Proposed Order)(Edson, Kelli) |
| Filing 35 MOTION for Judgment on the Pleadings by Epic Systems Corporation. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E)(Edson, Kelli) |
| Filing 34 ANSWER to Counterclaim by Epic Systems Corporation. (Edson, Kelli) |
| Filing 33 Decapolis Systems, LLC's ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand , COUNTERCLAIM against Epic Systems Corporation by Decapolis Systems, LLC. (Kesten, Marc) |
| Filing 32 ANSWER to Counterclaim by Epic Systems Corporation. (Edson, Kelli) |
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Filing 31
PROTECTIVE ORDER. Granting #29 Joint MOTION for Protective Order. Signed by Judge Donald M. Middlebrooks on 4/22/2022. See attached document for full details. (jas)
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Filing 30
PAPERLESS ORDER ADOPTING PROPOSED SCHEDULING ORDER. The Parties' proposed scheduling order located at DE #29 -1 is hereby ADOPTED. The Parties shall adhere to the schedule set forth therein. Signed by Judge Donald M. Middlebrooks on 4/22/2022. (kal)
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| Filing 29 Joint MOTION for Protective Order by Epic Systems Corporation. (Attachments: #1 Text of Proposed Order)(Edson, Kelli) |
| Filing 28 Joint SCHEDULING REPORT - Rule 16.1 by Epic Systems Corporation (Attachments: #1 Proposed Scheduling Order)(Edson, Kelli) |
| Filing 27 AMENDED COMPLAINT for Declaratory Judgment against Decapolis Systems, LLC, filed by Epic Systems Corporation. (Attachments: #1 Exhibit 1 - U.S. Patent No. 7,464,040, #2 Exhibit 2 - U.S. Patent No. 7,490,048)(Edson, Kelli) |
| Filing 26 PAPERLESS Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Scheduling Conference held on 4/14/2022. All parties appeared by videoconferencing. Attorney Appearance(s): Anita Marie Boor, Martha Jahn Snyder, Kelli Ayers Edson, Marc Jay Kesten, Christopher A. Honea, and Rene Vazquez. The Parties shall file a Joint Scheduling Report by Wednesday, April 20, 2022. Total time in court: 15 minutes. Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gm1) |
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Filing 25
PAPERLESS ORDER granting #19 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Christoper A. Honea. Signed by Judge Donald M. Middlebrooks on 4/11/2022. (kal)
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| Filing 24 NOTICE pf Filing Proposed Scheduling Order by Decapolis Systems, LLC re #20 SCHEDULING REPORT - Rule 26(f)/16.1 (Attachments: #1 Text of Proposed Order Scheduling Order) (Kesten, Marc) |
| Filing 23 NOTICE of Striking #21 Notice (Other) filed by Decapolis Systems, LLC by Decapolis Systems, LLC, Decapolis Systems, LLC (Kesten, Marc) |
| Filing 22 Clerks Notice to Filer re #21 Notice (Other). Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jas) |
| Filing 21 NOTICE by Decapolis Systems, LLC re #20 SCHEDULING REPORT - Rule 26(f)/16.1 (Attachments: #1 Text of Proposed Order Scheduling Order) (Kesten, Marc) |
| Filing 20 SCHEDULING REPORT - Rule 16.1 by Decapolis Systems, LLC (Kesten, Marc) |
| Filing 19 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher A. Honea. Filing Fee $ 200.00 Receipt # AFLSDC-15544227 by Decapolis Systems, LLC. Responses due by 4/22/2022 (Attachments: #1 Text of Proposed Order [Proposed] Order)(Kesten, Marc) |
| Filing 18 ANSWER and Affirmative Defenses to Complaint with Jury Demand , COUNTERCLAIM against Decapolis Systems, LLC by Decapolis Systems, LLC. Attorney Marc Jay Kesten added to party Decapolis Systems, LLC(pty:dft). (Kesten, Marc) |
| Filing 17 SCHEDULING REPORT - Rule 26(f) by Epic Systems Corporation (Attachments: #1 Text of Proposed Order (Plaintiff's Proposed Scheduling Order))(Edson, Kelli) |
| NOTICE RESETTING SCHEDULING CONFERENCE: The Scheduling Conference is reset for Thursday, 4/14/2022 at 01:15 PM in West Palm Beach Division VIA VIDEOCONFERENCING before Judge Donald M. Middlebrooks. The Parties will receive the videoconferencing information via email from the Courtroom Deputy, Genevieve McGee Wilner. (gm1) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Epic Systems Corporation. Decapolis Systems, LLC waiver sent on 2/17/2022, response/answer due 4/18/2022. (Edson, Kelli) |
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Filing 15
ORDER SETTING TRIAL DATE AND SCHEDULING CONFERENCE. (Scheduling Conference set for 3/31/2022 11:00 AM before Judge Donald M. Middlebrooks.). Jury Trial set for 12/5/2022 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 11/30/2022 01:15 PM before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 3/8/2022. See attached document for full details. (jas)
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Filing 14
PAPERLESS ORDER granting #12 and granting #13 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Martha Jahn Snyder and Anita Marie Boor. Signed by Judge Donald M. Middlebrooks on 3/7/2022. (kal)
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| Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Anita Marie Boor. Filing Fee $ 200.00 Receipt # AFLSDC-15447275 by Epic Systems Corporation. Responses due by 3/17/2022 (Edson, Kelli) |
| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Martha Jahn Snyder. Filing Fee $ 200.00 Receipt # AFLSDC-15447258 by Epic Systems Corporation. Responses due by 3/17/2022 (Edson, Kelli) |
| Filing 11 Summons Issued as to Decapolis Systems, LLC. (jas) |
| Filing 10 NOTICE of Filing Proposed Summons(es) Decapolis Systems, LLC c/o Secretary of State by Epic Systems Corporation (Edson, Kelli) |
| Filing 9 NOTICE of Filing Proposed Summons(es) Decapolis Systems, LLC c/o Raymond A. Joao by Epic Systems Corporation (Edson, Kelli) |
| Filing 8 Summons Issued as to Decapolis Systems, LLC. (kpe) |
| Filing 7 NOTICE of Filing Proposed Summons(es) by Epic Systems Corporation (Edson, Kelli) |
| Filing 6 Plaintiff's Corporate Disclosure Statement by Epic Systems Corporation (Edson, Kelli) (Main Document 6 replaced on 2/3/2022) (jas). |
| Filing 5 Summons Issued as to Decapolis Systems, LLC. (jas) |
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