Voltstar Technologies, Inc. v. Target Corporation
| Voltstar Technologies, Inc. |
| Target Corporation |
| 9:2022cv81312 |
| August 25, 2022 |
| US District Court for the Southern District of Florida |
| Donald M Middlebrooks |
| Patent |
| 35 U.S.C. ยง 0271 Patent Infringement |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 17 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Order) (ebz) |
Filing 16
ORDER CLOSING CASE. Signed by Judge Donald M. Middlebrooks on 10/17/2022. See attached document for full details. (ebz)
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| Filing 15 NOTICE of Voluntary Dismissal and Status Report by Voltstar Technologies, Inc. (Nguyen, Layla) |
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Filing 14
PAPERLESS ORDER REQUIRING STATUS REPORT. This case was filed on August 25, 2022. (DE #1 ). Defendant's Answer was due September 16, 2022 (DE 9 ), but I extended that deadline to September 30, 2022. (DE 12 ). To date, no Answer has been filed, and no counsel has entered an appearance in the court record on Defendant's behalf. I note that when I extended Defendant's deadline to file an Answer, it was premised in part upon the representation to the court that the Parties were engaged in settlement negotiations. Then, on September 29, 2022, Plaintiff filed an untimely Amended Complaint without leave of court or, evidently, Defendant's written consent. (DE #13 ). See Fed. R. Civ. P. 15 (authorizing amendment of a complaint as of course within 21 days of filing or from the date of a responsive pleading, whichever is earlier; and requiring leave of court or defendant's written consent otherwise). Therefore, in light of the untimely Amended Complaint, Defendant's failure to timely Answer the original complaint, and because no defense counsel has entered an appearance, Plaintiff SHALL FILE a Status Report on or by October 18, 2022. In the Report, Plaintiff shall advise how it intends to proceed in this matter given the present posture, including whether Plaintiff intends to seek default judgment. In the Report, Plaintiff shall also show cause why the untimely Amended Complaint should not be stricken. Failure to respond to this Order may result in dismissal. Signed by Judge Donald M. Middlebrooks on 10/11/2022. (kal)
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| Filing 13 First AMENDED COMPLAINT against Voltstar Technologies, Inc., filed by Voltstar Technologies, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Nguyen, Layla) |
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Filing 12
PAPERLESS ORDER granting in part #11 Defendant's Unopposed Motion for Enlargement of Time. Defendant Target Corporation seeks a one-month extension of time to respond to the Complaint. In support, Defendant represents that the Parties are in settlement negotiations, that Defendant has not yet had time to "fully investigate" the allegations, and that Defendant is in the process of retaining local counsel. I am not persuaded by Defendant's vague references to the need for more time to prepare. Requests to extend deadlines must be supported by specific facts. In the interest of encouraging the early and amicable resolution of this case I will grant an extension, however Defendant does not set forth good cause for the requested one-month long delay. Instead, I will grant Defendant an additional two weeks. The Parties can, of course, continue to engage in settlement negotiations while this case moves forward in litigation. Therefore, the motion is granted in part and the deadline for Defendant to respond to the Complaint shall be extended to September 30, 2022. No other litigation deadlines are modified or extended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 9/13/2022. (kal)
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| Set/Reset Response/Answer Due Deadline: Target Corporation response/answer due 9/30/2022. Per DE 12 Order. (ebz) |
| Filing 11 Unopposed MOTION for Extension of Time to Answer Complaint re #1 Complaint, by Voltstar Technologies, Inc.. Responses due by 9/22/2022 (Nguyen, Layla) |
| Filing 10 Clerk's Notice to Filer re #8 Summons Returned Executed, Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see 9 Summons Returned Executed. It is not necessary to refile this document. (ebz) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Target Corporation served on 8/26/2022, response/answer due 9/16/2022. See DE #8 for image. (ebz) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Voltstar Technologies, Inc.. Target Corporation served on 8/25/2022, response/answer due 9/15/2022. (Nguyen, Layla) |
| Filing 7 Notice of Pending, Refiled, Related or Similar Actions by Voltstar Technologies, Inc. (Nguyen, Layla) |
| Filing 6 Notice of Pending, Refiled, Related or Similar Actions by Voltstar Technologies, Inc. (Nguyen, Layla) |
| Filing 5 Corporate Disclosure Statement by Voltstar Technologies, Inc. identifying Corporate Parent Horizon Adventures, Inc. for Voltstar Technologies, Inc. (Rothman, Joel) |
| Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (pcs) |
| Filing 3 Summons Issued as to Target Corporation. (pcs) |
| 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. (pcs) |
| Filing 1 COMPLAINT for Patent Infringement against Target Corporation. Filing fees $ 402.00 receipt number AFLSDC-15899742, filed by Voltstar Technologies, Inc.. (Attachments: #1 Exhibit 1 - Patent Registration, #2 Exhibit 2 - Claim Chart #1, #3 Exhibit 3 - Claim Chart #2, #4 Exhibit 4 - Claim Chart #3, #5 Exhibit 5 - Claim Chart #4, #6 Civil Cover Sheet, #7 Summon(s))(Rothman, Joel) |
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| Plaintiff: Voltstar Technologies, Inc. | |
| Represented By: | Layla Nguyen |
| Represented By: | Joel Benjamin Rothman |
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| Defendant: Target Corporation | |
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