Better Way Inventions, LLC et al v. SWIFT GLOBAL LLC et al
| Better Way Inventions, LLC a Florida Limited Liability Company doing business as TONE-Y-BANDS, JANICE H. HALEY and STEPHEN C. HALEY |
| SWIFT GLOBAL LLC a Texas Limited Liability Company doing business as SPENCER SPORTS and NBCUniversal Media, LLC |
| 9:2023cv80868 |
| June 5, 2023 |
| US District Court for the Southern District of Florida |
| Donald M Middlebrooks |
| Patent |
| 35 U.S.C. § 0271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 35 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Order Closing Case) (nwn) |
Filing 34
ORDER CLOSING CASE; granting #33 Motion for Permanent Injunction. Signed by Judge Donald M. Middlebrooks on 9/20/2023. See attached document for full details. (nwn)
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| Filing 33 MOTION for Permanent Injunction (Stipulated) by Better Way Inventions, LLC, JANICE H. HALEY, STEPHEN C. HALEY. (Attachments: #1 Text of Proposed Order Proposed Order on Injunction)(Johnson, Mark) |
| Filing 32 STIPULATION of Dismissal (Joint) by Better Way Inventions, LLC, JANICE H. HALEY, STEPHEN C. HALEY (Johnson, Mark) |
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Filing 31
PAPERLESS ORDER SETTING DEADLINE TO FILE JOINT STIPULATION OF DISMISSAL AND GRANTING #30 Motion for Extension of Time. The Parties have jointly moved to extend certain litigation deadlines, explaining that they have settled this matter and are in the process of finalizing terms. I do not ordinarily view a pending settlement as cause to stay ongoing litigation. However in the interest of encouraging the early and amicable resolution of this case without unnecessary additional litigation costs, I will grant the requested extensions. Accordingly, the Parties SHALL FILE a Joint Stipulation of Dismissal no later than September 19, 2023. The deadline for Plaintiffs to serve infringement contentions is extended until that date, as is the deadline for Defendant to respond to the First Amended Complaint. The Parties are advised that their failure to finalize the settlement as planned shall not give rise to good cause to further extend these deadlines. Therefore, if no dismissal is filed by September 19, 2023, then on that date, Plaintiff shall file its infringement contentions and Defendant shall answer the complaint. Signed by Judge Donald M. Middlebrooks on 8/31/2023. (kal)
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| Filing 30 Joint MOTION for Extension of Time to Extend Certain Deadlines i.e., Plaintiffs' infringement contentions re #26 Joint Scheduling Report and re #27 Amended Complaint/Amended Notice of Removal, by SWIFT GLOBAL LLC. Responses due by 9/13/2023 (Nelles, Matthew) |
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Filing 29
SCHEDULING ORDER: Amended Pleadings due by 11/1/2023. Discovery due by 2/16/2024. Expert Discovery due by 2/16/2024. Joinder of Parties due by 11/1/2023. Mediation Deadline 2/26/2024. In Limine Motions due by 4/22/2024. Dispositive Motions due by 3/1/2024. Motions due by 3/1/2024. Pretrial Stipulation due by 4/22/2024. Signed by Judge Donald M. Middlebrooks on 8/28/2023. See attached document for full details. (cds)
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Filing 28
PAPERLESS ORDER denying as moot #19 and #20 Defendants' Motions to Dismiss, in light of the filing of Plaintiffs' First Amended Complaint (DE #27 ). Signed by Judge Donald M. Middlebrooks on 8/22/2023. (kal)
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| Filing 27 First AMENDED COMPLAINT against All Defendants, filed by Better Way Inventions, LLC, STEPHEN C. HALEY, JANICE H. HALEY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Johnson, Mark) |
| Filing 26 Joint SCHEDULING REPORT - Rule 16.1 by Better Way Inventions, LLC, JANICE H. HALEY, STEPHEN C. HALEY (Attachments: #1 Text of Proposed Order)(Johnson, Mark) |
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Filing 25
Order Requiring Amended Joint Scheduling Report( Joint Scheduling Report due by 8/21/2023), Set/Reset Deadlines as to #19 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , #20 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM as to Counts III and IV.( Responses due by 8/21/2023) Signed by Judge Donald M. Middlebrooks on 8/3/2023. See attached document for full details. (nwn)
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| Filing 24 PAPERLESS Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Scheduling Conference held on 8/3/2023. All parties appeared by videoconferencing. Attorney Appearance(s): Peter Glen Herman, Esq., Matthew Scott Nelles, Esq., Fabian A. Ruiz, Esq., Sharon Davis, Esq., Steven Lieberman, Esq. and Kristen Logan, Esq. Parties shall have ten days, until August 14, 2023, to try to resolve the case or proceed with the case. Trial remains set as scheduled for May 6, 2024. If the case is not resolved, the parties shall submit an amended joint scheduling report with the current trial date. Order to follow. Total time in court: 25 minutes. Court Reporter: Jill Wells, 305-523-5158 / Jill_Wells@flsd.uscourts.gov. (gm1) |
| Filing 23 NOTICE of Attorney Appearance by Peter Glen Herman on behalf of Better Way Inventions, LLC, JANICE H. HALEY, STEPHEN C. HALEY (Herman, Peter) |
| Filing 22 Joint SCHEDULING REPORT - Rule 16.1 by Better Way Inventions, LLC, JANICE H. HALEY, STEPHEN C. HALEY (Attachments: #1 Text of Proposed Order)(Johnson, Mark) |
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Filing 21
PAPERLESS ORDER granting #16 , #17 , #18 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kristen Logan, Sharon Davis, and Mark Rawls. Signed by Judge Donald M. Middlebrooks on 7/26/2023. (kal)
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| Filing 20 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM as to Counts III and IV by SWIFT GLOBAL LLC. Responses due by 8/8/2023 (Nelles, Matthew) |
| Filing 19 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by NBCUniversal Media, LLC. Responses due by 8/8/2023 (Ruiz, Fabian) |
| Filing 18 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark Rawls. Filing Fee $ 200.00 Receipt # AFLSDC-16788298 by NBCUniversal Media, LLC. Responses due by 8/8/2023 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Ruiz, Fabian) |
| Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sharon Davis. Filing Fee $ 200.00 Receipt # AFLSDC-16788182 by NBCUniversal Media, LLC. Responses due by 8/8/2023 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Ruiz, Fabian) |
| Filing 16 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kristen Logan. Filing Fee $ 200.00 Receipt # AFLSDC-16788129 by NBCUniversal Media, LLC. Responses due by 8/8/2023 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Ruiz, Fabian) |
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Filing 15
ORDER SETTING TRIAL DATE AND SCHEDULING CONFERENCE ( Calendar Call set for 5/1/2024 at 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 5/6/2024 at 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Scheduling Conference set for 8/3/2023 at 10:00 AM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 7/20/2023. See attached document for full details. (nwn)
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Filing 14
PAPERLESS ORDER granting in part #10 and #11 Motions for Extension of Time. Defendants NBCUNIVERSAL MEDIA LLC, and SWIFT GLOBAL LLC move for a 30-day extension of time to respond to the Complaint. The motions cite no basis other than that counsel for each Defendant was "recently retained." Motions to extend litigation deadlines must set forth good cause supported by specific facts. I do not find good cause for a one-month extension, as these motions are too conclusory to enable me to assess the need for the requested relief. However, given the nature of the lawsuit (involving patent infringement), and because the extensions sought are unopposed, I will grant the motions in part. Accordingly, the deadlines for Defendants NBCUNIVERSAL and SWIFT GLOBAL to respond to the Complaint is extended to July 25, 2023. Signed by Judge Donald M. Middlebrooks on 7/11/2023. (kal)
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Filing 13
PAPERLESS ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Steven Lieberman. Signed by Judge Donald M. Middlebrooks on 7/11/2023. (kal)
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| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by SWIFT GLOBAL LLC. Attorney Matthew Scott Nelles added to party SWIFT GLOBAL LLC(pty:dft). (Nelles, Matthew) |
| Filing 11 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Steven Lieberman. Filing Fee $ 200.00 Receipt # AFLSDC-16753026 by NBCUniversal Media, LLC. Responses due by 7/24/2023 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Ruiz, Fabian) |
| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by NBCUniversal Media, LLC. Attorney Fabian A. Ruiz added to party NBCUniversal Media, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Ruiz, Fabian) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Better Way Inventions, LLC, STEPHEN C. HALEY, JANICE H. HALEY. SWIFT GLOBAL LLC served on 6/20/2023, response/answer due 7/11/2023. (Johnson, Mark) |
| 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 Better Way Inventions, LLC, STEPHEN C. HALEY, JANICE H. HALEY. NBCUniversal Media, LLC served on 6/16/2023, response/answer due 7/7/2023. (Johnson, Mark) |
| Filing 7 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Better Way Inventions, LLC, JANICE H. HALEY, STEPHEN C. HALEY (Johnson, Mark) |
| Filing 6 Clerk's Notice to Filer re: Electronic Case. Alias Not Added. The Filer failed to add the alias information for the party(ies). The correction was made. It is not necessary to re-file this document. (nwn) |
| Filing 5 Clerk's Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (nwn) |
| Filing 4 Summons Issued as to NBCUniversal Media, LLC, SWIFT GLOBAL LLC. (nwn) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (nwn) |
| 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. (nwn) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16668100, filed by Better Way Inventions, LLC, Stephen Haley, Janice Haley. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Summon(s) NBCUniversal Media, #4 Summon(s) Swift Global)(Johnson, Mark) |
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