Facility Guidelines Institute, Inc. v. Upcodes, Inc.
| Facility Guidelines Institute, Inc. |
| Upcodes, Inc. |
| 4:2022cv01308 |
| December 6, 2022 |
| US District Court for the Eastern District of Missouri |
| Audrey G Fleissig |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 55
Docket Text ORDER: #54 Rule 41 NOTICE of Voluntary Dismissal by Facility Guidelines Institute, Inc. without prejudice ; ORDER SO ORDERED. Terminate Case. Signed by District Judge Audrey G. Fleissig on 6/20/2023. (JMP)
|
| Filing 54 Rule 41 NOTICE of Voluntary Dismissal by Facility Guidelines Institute, Inc. without prejudice (Hickey, Michael) |
|
Filing 53
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's motion for a preliminary injunction is DENIED. Doc. No. #5 . IT IS FURTHER ORDERED that within 14 days of this order the parties shall inform the Court how they wish to proceed in this matter. Specifically, whether the parties wish to convert the pending motion to dismiss into a motion for summary judgment in order to expand the current record. ( Response to Court due by 6/29/2023.) Signed by District Judge Audrey G. Fleissig on 6/15/2023. (JMP)
|
| Filing 52 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Audrey G. Fleissig: Motion Hearing held on 6/6/2023 re #5 MOTION for Preliminary Injunction filed by Facility Guidelines Institute, Inc. Oral arguments heard. Matter taken under submission. Order to issue. (Court Reporter:Carla Klaustermeier, Carla_Klaustermeier@moed.uscourts.gov, 314-244-7984) (proceedings started: 1:30 pm) (proceedings ended: 3:25 pm) (Deputy Clerk: K. Shirley)(Appearance for Plaintiff: Michael Hickey/Bridget Hoy)(Appearance for Defendant: Joseph Gratz/Jennifer Hoekel) (KJS) |
|
Filing 51
Docket Text ORDER: Re: #6 MOTION for Leave to File in Excess of Page Limitation by Plaintiff Facility Guidelines Institute, Inc.. (Hickey, Michael) filed by Facility Guidelines Institute, Inc. ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on 5/25/2023. (JMP)
|
|
Filing 50
ORDER IT IS HEREBY ORDERED that the parties' request for oral argument on Plaintiff's motion for preliminary injunction is GRANTED. (Doc. No. #48 ). In person oral argument on the motion for preliminary injunction is set for Tuesday, June 6, 2023, at 1:30 p.m. Each party will be limited to 30 minutes of argument. Plaintiff's rebuttal will be limited to 5 minutes. ( Motion Hearing set for 6/6/2023 01:30 PM in Courtroom 12S - St. Louis before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on 5/15/2023. (KXS)
|
| Filing 49 NOTICE of Filing Deficiency re #48 Status Report filed by Plaintiff Facility Guidelines Institute, Inc.. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Counsel used the wrong filing event for this document. Docket entry modified and no further action needs to be taken. The correct event to use for future filings is Motion for Hearing (KJS) |
| Filing 48 MOTION for Hearing by Facility Guidelines Institute, Inc.. (Hickey, Michael) (Modified on 5/15/2023 to correct event to a motion.) (KJS). |
| Filing 47 NOTICE of Change of Address filed by Jennifer E. Hoekel. (Hoekel, Jennifer) Address updated in CM/ECF (CMC). |
|
Filing 46
ORDER. A video conference was held with counsel on March 8, 2023, to discuss the pending preliminary injunction motion (Doc. No. #5 ) and case scheduling. The parties confirmed that they do not require any discovery in connection with the preliminary injunction motion, and that briefing is complete. The parties do not believe an evidentiary hearing is required but would like to have in-person oral argument. The Court will contact the parties in the near future to schedule a date for oral argument. As discussed at the conference, IT IS HEREBY ORDERED that over the next four weeks, the parties shall engage in good faith settlement discussions with respect to the issues raised in the Complaint related to the 2018 Facility Guidelines Institute (FGI) Guidelines. IT IS FURTHER ORDERED that over the next four weeks, the parties shall engage in good faith discussions with respect to whether a temporary standstill agreement can be reached related to the 2022 FGI Guidelines, pending a determination by the Court on the outstanding preliminary injunction motion. Signed by District Judge Audrey G. Fleissig on 3/8/2023. (CBL)
|
| Filing 45 REPLY to Response to Motion re #34 MOTION to Dismiss Case Complaint Defendant's Reply Memorandum of Points and Authorities in Support of Motion to Dismiss Plaintiff's Complaint filed by Defendant Upcodes, Inc.. (Gratz, Joseph) |
|
Filing 44
ORDER - IT IS HEREBY ORDERED that the Court will not render the pending motion to dismiss moot in light of the amended complaint. The motion to dismiss (Doc. No. #34 ) will be addressed on the merits when briefing is complete. Signed by District Judge Audrey G. Fleissig on 2/17/2023. (JMP)
|
|
Filing 43
Docket Text ORDER: Re: #42 Unopposed MOTION for Extension of Time to File Response/Reply In Support of It's Motion to Dismiss by Defendant Upcodes, Inc.. (Hoekel, Jennifer) filed by Upcodes, Inc. ; ORDERED GRANTED. (Upcodes, Inc. answer due 2/27/2023.) Signed by District Judge Audrey G. Fleissig on 2/16/2023. (JMP)
|
| Filing 42 Unopposed MOTION for Extension of Time to File Response/Reply In Support of It's Motion to Dismiss by Defendant Upcodes, Inc.. (Hoekel, Jennifer) |
| Filing 41 NOTICE Joint Notice of Stipulation regarding Pending Motion to Dismiss: by Plaintiff Facility Guidelines Institute, Inc. (Hoy, Bridget) |
| Filing 40 AMENDED COMPLAINT (First) against defendant Upcodes, Inc. Amendment to #1 Complaint, Jury demand, (First), filed by Facility Guidelines Institute, Inc.. Related document: #1 Complaint, filed by Facility Guidelines Institute, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hoy, Bridget) |
| Filing 39 MEMORANDUM in Opposition re #34 MOTION to Dismiss Case Complaint filed by Plaintiff Facility Guidelines Institute, Inc.. (Hoy, Bridget) |
| Filing 38 DECLARATION filed by Plaintiff Facility Guidelines Institute, Inc. re #37 Reply to Response to Motion for Preliminary Injunction - Second Declaration of Lindsey Bruno. (Attachments: #1 Exhibit P, #2 Exhibit Q, #3 Exhibit R, #4 Exhibit S, #5 Exhibit T, #6 Exhibit U, #7 Exhibit V, #8 Exhibit W, #9 Exhibit X, #10 Exhibit Y)(Hoy, Bridget) |
| Filing 37 REPLY to Response to Motion re #5 MOTION for Preliminary Injunction filed by Plaintiff Facility Guidelines Institute, Inc.. (Hoy, Bridget) |
|
Filing 36
Docket Text ORDER: Re: #35 Unopposed MOTION for Leave to file reply in excess of page limit and extend time to respond to motion to dismiss by Plaintiff Facility Guidelines Institute, Inc.. (Hoy, Bridget) filed by Facility Guidelines Institute, Inc. ; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on 2/3/2023. (JMP)
|
| Filing 35 Unopposed MOTION for Leave to file reply in excess of page limit and extend time to respond to motion to dismiss by Plaintiff Facility Guidelines Institute, Inc.. (Hoy, Bridget) |
| Filing 34 MOTION to Dismiss Case Complaint by Defendant Upcodes, Inc.. (Attachments: #1 Memorandum of Points and Authorities, #2 Text of Proposed Order)(Gratz, Joseph) |
|
Filing 33
Docket Text ORDER: Re: #32 Consent MOTION for Extension of Time to File Response/Reply Memorandum in Support of its #5 Motion for Preliminary Injunction filed by Facility Guidelines Institute, Inc. ; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on 1/18/23. (KJS)
|
| Filing 32 Consent MOTION for Extension of Time to File Response/Reply Memorandum in Support of its #5 Motion for Preliminary Injunction by Plaintiff Facility Guidelines Institute, Inc.. (Hickey, Michael) Modified on 1/18/2023 (CBL). |
| Filing 31 ENTRY of Appearance by Bridget Hoy for Plaintiff Facility Guidelines Institute, Inc.. (Hoy, Bridget) |
| Filing 30 DECLARATION filed by Defendant Upcodes, Inc. re #28 Memorandum in Opposition to Motion Declaration of Joseph Gratz. (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, #11 Exhibit K)(Gratz, Joseph) |
| Filing 29 DECLARATION filed by Defendant Upcodes, Inc. re #28 Memorandum in Opposition to Motion Declaration of Garrett Reynolds. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gratz, Joseph) |
| Filing 28 MEMORANDUM in Opposition re #5 MOTION for Preliminary Injunction filed by Defendant Upcodes, Inc.. (Gratz, Joseph) |
|
Filing 27
Docket Text ORDER: Re: #24 MOTION for Leave to Appear Pro Hac Vice Allyson Bennett filed by Upcodes, Inc.; ORDERED GRANTED. #25 MOTION for Leave to Appear Pro Hac Vice Rupali Singhal filed by Upcodes, Inc.; ORDERED GRANTED. #23 MOTION for Leave to Appear Pro Hac Vice Eugene Novikov filed by Upcodes, Inc.; ORDERED GRANTED. #22 MOTION for Leave to Appear Pro Hac Vice Joseph Gratz filed by Upcodes, Inc.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on 1/11/23. (KJS)
|
|
Filing 26
Docket Text ORDER: Re: #20 Second MOTION for Extension of Time to File Response/Reply as to #1 Complaint filed by Upcodes, Inc.; ORDERED GRANTED. #21 Unopposed MOTION for Leave to File in Excess of Page Limitation filed by Upcodes, Inc.; ORDERED GRANTED. (Upcodes, Inc. answer due 1/23/2023.) Signed by District Judge Audrey G. Fleissig on 1/11/23. (KJS)
|
| Filing 25 MOTION for Leave to Appear Pro Hac Vice Rupali Singhal. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9715876) by Defendant Upcodes, Inc.. (Attachments: #1 Certificate of Good Standing)(Singhal, Rupali) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice Allyson Bennett. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9715869) by Defendant Upcodes, Inc.. (Attachments: #1 Certificate of Good Standing)(Bennett, Allyson) |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice Eugene Novikov. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9715857) by Defendant Upcodes, Inc.. (Attachments: #1 Certificate of Good Standing)(Novikov, Eugene) |
| Filing 22 MOTION for Leave to Appear Pro Hac Vice Joseph Gratz. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9715847) by Defendant Upcodes, Inc.. (Attachments: #1 Certificate of Good Standing)(Gratz, Joseph) |
| Filing 21 Unopposed MOTION for Leave to File in Excess of Page Limitation by Defendant Upcodes, Inc.. (Attachments: #1 Text of Proposed Order)(Hoekel, Jennifer) |
| Filing 20 Second MOTION for Extension of Time to File Response/Reply as to #1 Complaint, Second Unopposed by Defendant Upcodes, Inc.. (Attachments: #1 Text of Proposed Order)(Hoekel, Jennifer) |
|
Filing 19
Docket Text ORDER: Re: #18 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, And Unopposed Motion to File Out of Time by Defendant Upcodes, Inc.. (Attachments: # 1 Text of Proposed Order)(Hoekel, Jennifer) filed by Upcodes, Inc. ; ORDERED GRANTED Upcodes, Inc. answer due 1/13/2023.. Signed by District Judge Audrey G. Fleissig on 1/3/23. (KJS)
|
| Filing 18 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, And Unopposed Motion to File Out of Time by Defendant Upcodes, Inc.. (Attachments: #1 Text of Proposed Order)(Hoekel, Jennifer) |
|
Filing 17
Docket Text ORDER: Re: #15 Unopposed MOTION for Extension of Time to File Response/Reply as to #5 MOTION for Preliminary Injunction by Defendant Upcodes, Inc.. (Attachments: # 1 Text of Proposed Order Granting Motion)(Hoekel, Jennifer) filed by Upcodes, Inc. ; ORDERED GRANTED Upcodes, Inc. answer due 1/11/2023. Signed by District Judge Audrey G. Fleissig on 12/22/2022. (JMP)
|
| Filing 16 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Upcodes, Inc.. No corporate parents or affiliates identified. (Hoekel, Jennifer) |
| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply as to #5 MOTION for Preliminary Injunction by Defendant Upcodes, Inc.. (Attachments: #1 Text of Proposed Order Granting Motion)(Hoekel, Jennifer) |
| Filing 14 ENTRY of Appearance by Jennifer E. Hoekel for Defendant Upcodes, Inc.. (Hoekel, Jennifer) |
| Filing 13 NOTICE Service of Plaintiff's Motion for Preliminary Injunction and Supporting Papers: by Plaintiff Facility Guidelines Institute, Inc. (Attachments: #1 Summons Returned Executed)(Hickey, Michael) |
| Filing 12 SUMMONS Returned Executed filed by Facility Guidelines Institute, Inc.. Upcodes, Inc. served on 12/7/2022, answer due 12/28/2022. (Hickey, Michael) |
| Filing 11 ENTRY of Appearance by Benjamin J. Siders for Plaintiff Facility Guidelines Institute, Inc.. (Siders, Benjamin) |
| Filing 10 REPORT to Commissioner of filing or determination of an action regarding copyright. (JDC) |
| Filing 9 DECLARATION filed by Plaintiff Facility Guidelines Institute, Inc. re #7 Memorandum in Support of Motion Declaration of Lindsey Bruno. (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H, #5 Exhibit I, #6 Exhibit J, #7 Exhibit K, #8 Exhibit L, #9 Exhibit M, #10 Exhibit N, #11 Exhibit O)(Hickey, Michael) |
| Filing 8 DECLARATION filed by Plaintiff Facility Guidelines Institute, Inc. re #7 Memorandum in Support of Motion Declaration of Douglas Erickson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hickey, Michael) |
| Filing 7 MEMORANDUM in Support of Motion re #5 MOTION for Preliminary Injunction filed by Plaintiff Facility Guidelines Institute, Inc.. (Hickey, Michael) |
| Filing 6 MOTION for Leave to File in Excess of Page Limitation by Plaintiff Facility Guidelines Institute, Inc.. (Hickey, Michael) |
| Filing 5 MOTION for Preliminary Injunction by Plaintiff Facility Guidelines Institute, Inc.. (Hickey, Michael) |
| Filing 4 ENTRY of Appearance by Lindsey Muse Bruno for Plaintiff Facility Guidelines Institute, Inc.. (Bruno, Lindsey) |
| Filing 3 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiff Facility Guidelines Institute, Inc.. No corporate parents or affiliates identified. (Hickey, Michael) |
| Filing 2 NOTICE OF PROCESS SERVER by Plaintiff Facility Guidelines Institute, Inc. Process Server: Brandywine Process Servers, Ltd. (Hickey, Michael) |
| Filing 1 COMPLAINT against defendant Upcodes, Inc. with receipt number AMOEDC-9657262, in the amount of $402 Jury Demand,, filed by Facility Guidelines Institute, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet Civil Cover Sheet, #6 Original Filing Form Original Filing Form, #7 Summons Summons)(Hickey, Michael) Modified on 12/6/2022 [To correct defendant in text] (JDC). |
| Case Opening Notification. Judge Assigned: Honorable Audrey G. Fleissig. 1 Summons(es) issued and emailed to Attorney Michael J. Hickey. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate within 10 days of the filing of the first pleading or entry of appearance # (moed-0001.pdf). (JDC) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Missouri Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
