Voltstar Technologies, Inc. v. CVS Pharmacy, Inc.
| Voltstar Technologies, Inc. |
| CVS Pharmacy, Inc. |
| 9:2022cv80805 |
| June 1, 2022 |
| US District Court for the Southern District of Florida |
| Donald M Middlebrooks |
| Patent |
| 35 U.S.C. § 0271 Patent Infringement |
| Defendant |
Docket Report
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This docket was last retrieved on September 26, 2022. A more recent docket listing may be available from PACER.
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Filing 32
ORDER CLOSING CASE. Signed by Judge Donald M. Middlebrooks on 9/26/2022. See attached document for full details. (caw)
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| Filing 31 STIPULATION of Dismissal by Voltstar Technologies, Inc. (Nguyen, Layla) |
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Filing 30
PAPERLESS ORDER SETTING DEADLINE TO FILE CLOSING DOCUMENTS. The Parties notified the Court that they have settled this matter (DE #29 ), and the Court congratulates them on reaching an amicable resolution of this case. The Parties' request for 29 days to file closing documents is denied, as no good cause for such a delay is set forth in the Notice and I do not view a pending settlement as grounds to stay ongoing litigation. The Parties shall file a joint stipulation of dismissal within 10 days, or no later than September 19, 2022. Until a joint stipulation of dismissal is filed, the court will expect compliance with all pretrial deadlines. Signed by Judge Donald M. Middlebrooks on 9/12/2022. (kal)
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| Filing 29 NOTICE of Settlement by Voltstar Technologies, Inc. (Nguyen, Layla) |
| Filing 28 Notice of Pending, Refiled, Related or Similar Actions by Voltstar Technologies, Inc. (Nguyen, Layla) |
| Filing 27 ANSWER to Counterclaim by Voltstar Technologies, Inc.. (Nguyen, Layla) |
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Filing 26
ORDER granting #17 Motion to Continue Trial. Amended Pleadings due by 8/8/2022. Expert Discovery due by 4/21/2023. Fact Discovery due by 1/13/2023. Joinder of Parties due by 8/8/2022. Mediation Deadline 4/24/2023. Dispositive Motions due by 5/5/2023. Motions due by 4/28/2023. Pretrial Stipulation due by 7/3/2023. Calendar Call set for 7/12/2023 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Jury Trial set for 7/17/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. A hearing on claim construction is hereby SCHEDULED for December 14, 2022 at 10:00 a.m. in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 7/28/2022. See attached document for full details. (pes)
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| Filing 25 Joint SCHEDULING REPORT - Rule 26(f) by Voltstar Technologies, Inc. (Attachments: #1 Text of Proposed Order)(Nguyen, Layla) |
| Filing 24 Defendant CVS Pharmacy, Inc.'s ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand , Defendant's COUNTERCLAIM against Voltstar Technologies, Inc. by CVS Pharmacy, Inc.. (Fischer, Ury) |
| Filing 23 PAPERLESS Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Scheduling Conference held on 7/21/2022. Attorney Appearance(s): Layla Nguyen, Esq., Ury Fischer, Esq., Giulia Christine Farrior,Esq. and Noah Hamilton Rashkind, Esq. Parties to file a Joint Proposed Scheduling Report. Total time in court: 20 minutes. Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. (gm1) |
| Filing 22 Amended Corporate Disclosure Statement by CVS Pharmacy, Inc. identifying Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc. (Rashkind, Noah) |
| Filing 21 NOTICE of Attorney Appearance by Noah Hamilton Rashkind on behalf of CVS Pharmacy, Inc.. Attorney Noah Hamilton Rashkind added to party CVS Pharmacy, Inc.(pty:dft). (Rashkind, Noah) |
| Filing 20 NOTICE of Attorney Appearance by Giulia Christine Farrior on behalf of CVS Pharmacy, Inc.. Attorney Giulia Christine Farrior added to party CVS Pharmacy, Inc.(pty:dft). (Farrior, Giulia) |
| Filing 19 Defendant's Corporate Disclosure Statement by CVS Pharmacy, Inc. identifying Corporate Parent CVS Heath Corporation for CVS Pharmacy, Inc. (Fischer, Ury) |
| Filing 18 Joint SCHEDULING REPORT - Rule 26(f) by CVS Pharmacy, Inc. (Attachments: #1 Text of Proposed Order "Defendant's Proposed Scheduling Order", #2 Text of Proposed Order "Plaintiff's Proposed Scheduling Order")(Fischer, Ury) |
| Filing 17 Defendant's MOTION to Continue by CVS Pharmacy, Inc.. Attorney Ury Fischer added to party CVS Pharmacy, Inc.(pty:dft). Responses due by 8/3/2022 (Attachments: #1 Exhibit A - Declaration of U. Fischer, #2 Text of Proposed Order)(Fischer, Ury) |
| Filing 16 First AMENDED COMPLAINT For Patent Infringement against CVS Pharmacy, Inc., filed by Voltstar Technologies, Inc.. (Attachments: #1 Exhibit 1 - '794 Patent, #2 Exhibit 2 - Griffin Wall Charger Claim Chart)(Rothman, Joel) |
| Filing 15 NOTICE by Voltstar Technologies, Inc. of Filing - Motion to Transfer and Consolidate for Claim Construction in Voltstar v. Big Lots Stores, Inc. (Attachments: #1 Exhibit 1 - Motion to Consolidate) (Nguyen, Layla) |
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Filing 14
ORDER SETTING TRIAL DATE AND SCHEDULING CONFERENCE: Trial set for 4/24/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 4/19/2023 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. A scheduling conference is scheduled for July 21, 2022 at 1:30 pm before Judge Middlebrooks by videoconferencing. Signed by Judge Donald M. Middlebrooks on 6/29/2022. See attached document for full details. (pes) #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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| Set Hearings per DE #14 : Scheduling Conference set for 7/21/2022 at 1:30 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. (pes) |
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Filing 13
ORDER denying #12 Motion to Reassign Case.. Signed by Judge Donald M. Middlebrooks on 6/28/2022. See attached document for full details. (pes)
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| Filing 12 Unopposed MOTION to Reassign Case by Voltstar Technologies, Inc.. (Nguyen, Layla) |
| Set/Reset Deadlines/Hearings per DE 11 Paperless Order. CVS Pharmacy, Inc. response/answer due 7/8/2022. (amb) |
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Filing 11
PAPERLESS ORDER granting in part #10 Joint Motion for Extension of Time. Defendant seeks a 21-day extension of its June 24, 2022 deadline to respond to the Complaint. In support, Defendant represents that the Parties reached a settlement with respect to two of the three products referenced in the Complaint, and Plaintiff anticipates amending the Complaint after a written settlement agreement is finalized. This Court does not view a pending partial settlement as grounds to unnecessarily delay litigation. However I find good cause to grant the requested relief in part. Accordingly, Defendant must respond to the Complaint on or by July 8, 2022. Signed by Judge Donald M. Middlebrooks on 6/21/2022. (ifr)
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| Filing 10 Joint MOTION for Extension of Time for Defendant to Answer Complaint by Voltstar Technologies, Inc.. Responses due by 7/5/2022 (Nguyen, Layla) |
| Filing 9 CERTIFICATE OF SERVICE by Voltstar Technologies, Inc. (Nguyen, Layla) |
| Filing 8 Summons Issued as to CVS Pharmacy, Inc.. (cds) |
| Filing 7 Notice of Pending, Refiled, Related or Similar Actions by Voltstar Technologies, Inc. (Nguyen, Layla) |
| Filing 6 Corporate Disclosure Statement by Voltstar Technologies, Inc. identifying Corporate Parent Horizon Adventures, Inc. for Voltstar Technologies, Inc. (Nguyen, Layla) |
| Filing 5 NOTICE of Filing Proposed Summons(es) by Voltstar Technologies, Inc. re #1 Complaint, filed by Voltstar Technologies, Inc. (Nguyen, Layla) |
| Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (jc) |
| Filing 3 Clerks Notice to Filer re: Summons(es) cannot be issued. The summons must contain the defendant's name "CVS Pharmacy, Inc." which is not listed on the summons. (jc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (jc) |
| Filing 1 COMPLAINT for Patent Infringement against CVS Pharmacy, Inc.. Filing fees $ 402.00 receipt number AFLSDC-15682679, filed by Voltstar Technologies, Inc.. (Attachments: #1 Exhibit 1 - Patent, #2 Exhibit 2 - Claim Chart #1, #3 Exhibit 3 - Claim Chart #2, #4 Exhibit 4 - Claim Chart #3, #5 Civil Cover Sheet, #6 Summon(s))(Rothman, Joel) |
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