Island Intellectual Property LLC et al v. Promontory Interfinancial Network, LLC et al
Plaintiff: Island Intellectual Property LLC, Lids Capital, LLC and Double Rock Corporation
Defendant: MBSC Securities Corporation
Special Master: Don W. Martens
Consolidated Plaintiff: Intrasweep LLC.
Counter Claimant: Promontory Interfinancial Network, LLC
Consolidated Defendant: Deutsche Bank AG, Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC and First Southwest Company
Case Number: 1:2009cv02675
Filed: March 24, 2009
Court: US District Court for the Southern District of New York
Office: Patent Office
County: New York
Presiding Judge: Katherine B Forrest
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271 Patent Infringement
Jury Demanded By: Both
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on June 15, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 15, 2015 Opinion or Order Filing 308 SEALED MATERIALS DISPOSED: Document(s) 169, 233, 264, 276, 281 and 288 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 06/15/2015.(mps)
May 26, 2015 Opinion or Order Filing 307 SEALED MATERIALS RETRIEVED: Document(s) 165, 166, 248, 249, 277 and 290 were retrieved on 5/26/2015.(nm)
May 12, 2015 Opinion or Order Filing 306 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 169, 233, 264, 276, 281 and 288 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 6/11/2015. (mps)
May 12, 2015 Opinion or Order Filing 305 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 165, 166, 248, 249, 277 and 290 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 6/11/2015. (mps)
March 6, 2012 Opinion or Order Filing 304 STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the undersigned counsel for Defendants and Plaintiffs that all claims asserted by Plaintiffs against Defendants and the counterclaims asserted by Defendants against Plaintiffs, are dismissed with prejudice Plaintiffs and Defendants will each bear their own fees and costs in this action with respect to the claims asserted by Plaintiffs against Defendants and the counterclaims asserted by Defendants against Plaintiffs. (Signed by Judge Katherine B. Forrest on 3/6/2012) (js)
March 5, 2012 Opinion or Order Filing 303 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 1/5/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-cv-02675-KBF et al.(McGuirk, Kelly)
March 5, 2012 Opinion or Order Filing 302 TRANSCRIPT of Proceedings re: Conference held on 1/5/2012 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/29/2012. Redacted Transcript Deadline set for 4/9/2012. Release of Transcript Restriction set for 6/7/2012.Filed In Associated Cases: 1:09-cv-02675-KBF et al.(McGuirk, Kelly)
February 21, 2012 Opinion or Order ***DELETED DOCUMENT. Deleted document number #302 ENDORSED LETTER. The document was incorrectly filed in this case. (jar)
February 21, 2012 Opinion or Order Filing 301 ORDER: that this action be conditionally discontinued without prejudice and without costs; provided, however, that within fifteen (15) days of the date of this Order, the parties may submit to the Court their own Stipulation of Dismissal for the Court to So Order. Otherwise, within such time plaintiffs may apply by letter for restoration of the action to the active trial calendar of this Court in the event that the settlement is not consummated by the deadline indicated. Additional relief as set forth in this Order. The Clerk of Court is directed to close this case. (Signed by Judge Katherine B. Forrest on 2/21/2012) (pl) Modified on 2/21/2012 (pl).
February 21, 2012 Opinion or Order Filing 299 ORDER: Having received defendants' letter of February 16, 2012 regarding plaintiffs' proposed exhibits 240 and 241, the Court hereby precludes such exhibits under Federal Rules of Evidence 402 and 403. (Signed by Judge Katherine B. Forrest on 2/21/2012) (djc)
February 21, 2012 Opinion or Order ***DELETED DOCUMENT. Deleted document number 297 Endorsed Letter. The document was incorrectly filed in this case. (jp)
February 17, 2012 Opinion or Order Filing 298 PROPOSED JURY INSTRUCTIONS. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Attachments: #1 Exhibit 1 (Joint Proposed Jury Instructions with disagreements noted), #2 Exhibit 2 (Plaintiffs' Proposed Verdict Form), #3 Exhibit 3 (Defendants' Proposed Verdict Form))(Kim, Olivia)
February 16, 2012 Opinion or Order Filing 296 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #293 Motion for Bryan K. Anderson to Appear Pro Hac Vice. The Clerk of Court is directed to close the motion at Docket No. 93. (Signed by Judge Katherine B. Forrest on 2/16/2012) (lmb)
February 15, 2012 Opinion or Order Filing 295 TRIAL PROCESS ORDER #3: Having reviewed the parties' witness lists, deposition designations, expert reports and proposed documentary exhibits, the Court ORDERS the following: 1. Cumulative testimony shall not be allowed. The parties shall pick their witnesses (whether live or by deposition) and best documents on particular topics. 2. Opening statements shall be limited to no more than 45 minutes per side. 3. Any deposition designations from a single witness-both affirmative and counter- designations-shall be read at one time in the order that they appear in the transcript (with no statement as to which side has designated or counter designated the testimony). All objections of counsel shall be deleted-i.e. not read to the jury. 4. The parties are expected to put documents into evidence through appropriate witnesses. A lack of objection, or overruled objection, does not eliminate the need to authenticate properly each document before the jury. (The Court will not allow lengthy publication of documents to the jury in the absence of appropriate witnesses.) 5. There are numerous exhibits which may be used for cross-examination but are not admissible as affirmative "evidence." The parties should not consider the Court's rulings on objections to proposed exhibits to preclude use of those exhibits on cross-examination. Exhibits related to topics precluded under Rule 403, however, will not be permitted on either direct or cross. Any questions about the foregoing will be addressed at the final pretrial conference. 6. Expert reports will not be admitted, even if neither party objects. They are classic hearsay. 7. The parties seek to "admit" documents relied on by the experts. Experts may, of course, rely on documents that are otherwise inadmissible, but only admissible documents will be admitted into evidence upon proper authentication. (Signed by Judge Katherine B. Forrest on 2/15/2012) (lmb)
February 15, 2012 Opinion or Order Filing 294 ORDER: Contained herein are the Court's rulings on: Plaintiffs' deposition designations; defendants' objections and counter- designations to plaintiffs' deposition designations; and plaintiffs' objections to defendants' counter-designations; Defendants' deposition designations; plaintiffs' objections and counter- designations to defendants' deposition designations; and defendants' objections and counter to plaintiffs' counter-designations; Plaintiffs' trial exhibit list; defendants' objections to plaintiffs' trial exhibit list; and plaintiffs' responses to defendants' objections; Defendants' trial exhibit list; plaintiffs' objections to defendants' trial exhibit list; defendants' responses to plaintiffs' objections. Such rulings shall be read in conjunction with the Court's Trial Process Order #3, which Order will be separately docketed. (Signed by Judge Katherine B. Forrest on 2/15/2012) (lmb)
February 15, 2012 Opinion or Order Filing 292 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: IT IS HEREBY ORDERED that Matthew S. Jorgenson is admitted to practice pro hac vice as counsel for Defendants. ENDORSEMENT: The Clerk of Court shall close the motion at Docket No. 279. (Signed by Judge Katherine B. Forrest on 2/14/2012) (mro) Modified on 2/15/2012 (mro).
February 15, 2012 Opinion or Order Filing 291 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #279 Motion for Matthew S. Jorgenson to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 2/15/2012) (tro)
February 15, 2012 Opinion or Order CASHIERS OFFICE REMARK on #279 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 1/30/2012, Receipt Number 1028250. (jd)
February 14, 2012 Opinion or Order Filing 290 SEALED DOCUMENT placed in vault.(nm)
February 14, 2012 Opinion or Order Filing 289 MEMORANDUM AND ORDER re: #238 Motion to Strike filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC; #241 Motion in Limine filed by Intrasweep LLC; #244 Motion in Limine filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC; #246 Motion in Limine filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC; #255 Motion in Limine filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC; #256 Motion in Limine filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC; #258 Motion in Limine filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC; #259 Motion in Limine filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC; #234 Motion to Strike filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC; #235 Motion to Strike filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC: For the reasons set forth within, the parties are expected to conform their presentations of the evidence at trial to the rulings within. (Signed by Judge Katherine B. Forrest on 2/14/2012) (ab)
February 14, 2012 Opinion or Order Filing 288 SEALED DOCUMENT placed in vault.(mps)
February 10, 2012 Opinion or Order Filing 293 MOTION for Bryan K. Anderson to Appear Pro Hac Vice. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC.(pgu)
February 10, 2012 Opinion or Order Filing 287 DECLARATION of Glenn E. Forbis in Opposition re: #255 MOTION in Limine.. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Macedo, Charles)
February 10, 2012 Opinion or Order Filing 286 DECLARATION of Olivia M. Kim in Opposition re: #259 SIXTH MOTION in Limine TO PRECLUDE TESTIMONY OF GILBERT SCHWARTZ.. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 (filed under seal), #7 Exhibit 7 (filed under seal), #8 Exhibit 8)(Kim, Olivia)
February 10, 2012 Opinion or Order Filing 285 DECLARATION of Olivia M. Kim in Opposition re: #256 FOURTH MOTION in Limine TO PRECLUDE EVIDENCE AND ARGUMENT REGARDING PLAINTIFFS CONFIDENTIAL OCTOBER 18, 2000 PRESENTATION TO AMERICAN ENTERPRISES INVESTMENT SERVICES AT TRIAL.. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Attachments: #1 Exhibit 1 (filed under seal), #2 Exhibit 2 (filed under seal))(Kim, Olivia)
February 10, 2012 Opinion or Order Filing 284 MEMORANDUM OF LAW in Opposition re: #256 FOURTH MOTION in Limine TO PRECLUDE EVIDENCE AND ARGUMENT REGARDING PLAINTIFFS CONFIDENTIAL OCTOBER 18, 2000 PRESENTATION TO AMERICAN ENTERPRISES INVESTMENT SERVICES AT TRIAL.. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Kim, Olivia)
February 10, 2012 Opinion or Order Filing 283 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Charles R. Macedo dated 2/10/2012 re: The parties write to request a separate bench trial on the issue after the jury trial is complete. ENDORSEMENT: OK. Defendants' counterclaim and affirmative defense of inequitable conduct is bifurcated from the remainder of the case. All the issues shall be trial commencing 2/27/2012 (including damage). (Signed by Judge Katherine B. Forrest on 2/10/2012) (ab)
February 10, 2012 Opinion or Order Filing 282 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Edward G. Poplawski dated 2/10/2012 re: Counsel for the Defendants writes to request that the Court reschedule the trial currently set to commence on 2/27/2012. ENDORSEMENT: This Court has been in touch with Judge Folson. This case will proceed to trial as scheduled. (Signed by Judge Katherine B. Forrest on 2/10/2012) (ab)
February 10, 2012 Opinion or Order Filing 281 SEALED DOCUMENT placed in vault.(mps)
February 10, 2012 Opinion or Order Filing 280 Exhibit List PARTIES EXHIBIT LISTS, OBJECTIONS TO EXHIBIT LISTS AND RESPONSES THERETO. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Attachments: #1 Exhibit 1 (Joint Trial Exhibit List - Filed Under Seal), #2 Exhibit 2 (Plaintiffs' Trial Exhibit List - Filed Under Seal), #3 Exhibit 3 (Defendants' Trial Exhibit List - Filed Under Seal))(Kim, Olivia)
February 8, 2012 Opinion or Order Filing 278 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Charles R. Macedo dated 2/8/2012 re: Plaintiffs are writing to the Court to request a telephone conference today to address logistical concerns impacting the submissions which are due today. Plaintiffs also seek relief from today's deadline and guidance from the Court in order to better organize the submissions that are due today once we receive guidance from the Court as requested below. ENDORSEMENT: The parties shall submit (1) one joint document listing all proposed trial exhibits, objections and responses, and (2) one set of depositions marked to show all designations, with a single accompanying document setting forth specific objections and responses. The foregoing shall be electronically submitted no later than 4:00 pm 2-10-12. Either the exhibit list or deposition designations shall also be delivered to chambers in hard copy by 4:00 pm on 2-10, with the other delivered in hard copy on Monday 2-13-12. (Signed by Judge Katherine B. Forrest on 2/8/2012) (lmb)
February 8, 2012 Opinion or Order Filing 277 SEALED DOCUMENT placed in vault.(mps)
February 7, 2012 Opinion or Order Filing 276 SEALED DOCUMENT placed in vault.(nm)
February 6, 2012 Opinion or Order Filing 275 DECLARATION of Glenn E. Forbis in Opposition re: #238 MOTION to Strike TESTIMONY ON INDUCING INFRINGEMENT FROM PLAINTIFFS' EXPERT IVAN ZATKOVICH.. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Macedo, Charles)
February 6, 2012 Opinion or Order Filing 274 MEMORANDUM OF LAW in Opposition re: #238 MOTION to Strike TESTIMONY ON INDUCING INFRINGEMENT FROM PLAINTIFFS' EXPERT IVAN ZATKOVICH.. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Macedo, Charles)
February 6, 2012 Opinion or Order Filing 273 DECLARATION of Charles Macedo in Opposition re: #234 MOTION to Strike TESTIMONY BY PLAINTIFFS' EXPERT DAVID A. HAAS.. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Attachments: #1 Exhibit 1-SEALED, #2 Exhibit 2, #3 Exhibit 3-SEALED, #4 Exhibit 4-SEALED, #5 Exhibit 5-SEALED, #6 Exhibit 6-SEALED, #7 Exhibit 7-SEALED, #8 Exhibit 8A-SEALED, #9 Exhibit 8B-SEALED)(Macedo, Charles)
February 6, 2012 Opinion or Order Filing 272 MEMORANDUM OF LAW in Opposition re: #234 MOTION to Strike TESTIMONY BY PLAINTIFFS' EXPERT DAVID A. HAAS.. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Macedo, Charles)
February 6, 2012 Opinion or Order Filing 271 MEMORANDUM OF LAW in Opposition re: #235 MOTION to Strike TESTIMONY BY PLAINTIFFS' EXPERT GERALD J. MOSSINGHOFF.. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Attachments: #1 Exhibit A)(Macedo, Charles)
February 6, 2012 Opinion or Order Filing 270 DECLARATION of Olivia M. Kim in Opposition re: #246 MOTION in Limine #3 to Preclude Defendants' Expert Richard T. Powers from Testifying that the Merrill Lynch CMA/ISA Product Includes Omnibus Accounts Bases On 17-Year Old Double Hearsay That is Uncorroborated and in Contravention of Docum. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9 (filed under seal), #10 Exhibit 10 (filed under seal), #11 Exhibit 11, #12 Exhibit 12 (filed under seal), #13 Exhibit 13 (filed under seal))(Kim, Olivia)
February 6, 2012 Opinion or Order Filing 269 MEMORANDUM OF LAW in Opposition re: #246 MOTION in Limine #3 to Preclude Defendants' Expert Richard T. Powers from Testifying that the Merrill Lynch CMA/ISA Product Includes Omnibus Accounts Bases On 17-Year Old Double Hearsay That is Uncorroborated and in Contravention of Docum. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Kim, Olivia)
February 6, 2012 Opinion or Order Filing 268 MEMORANDUM OF LAW in Opposition re: #244 MOTION in Limine #2 to Preclude Testimony from Defendants' Expert Witness Richard T. Powers Regarding the Prosecution Hitsories of the Patents-in-Suit at Trial.. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Kim, Olivia)
February 6, 2012 Opinion or Order Filing 267 PROPOSED VOIR DIRE QUESTIONS. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC.(Macedo, Charles)
February 6, 2012 Opinion or Order Filing 266 AFFIDAVIT of Olivia M. Kim in Opposition re: #241 MOTION in Limine #1 to Preclude Defendants's Expert Kerr or Others from Testifying as to Defendants' Non-Insured Deposit Businesses and Litigation Thereto.. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Attachments: #1 Exhibit A (filed under seal), #2 Exhibit B, #3 Exhibit C (filed under seal), #4 Exhibit D (filed under seal))(Kim, Olivia)
February 6, 2012 Opinion or Order Filing 265 MEMORANDUM AND ORDER: In light of the foregoing and for the reasons set for in the adopted Report, defendants' motion for summary judgment pursuant to Section 101 is denied. (Signed by Judge Katherine B. Forrest on 2/6/2012) (cd)
February 6, 2012 Opinion or Order Filing 264 SEALED DOCUMENT placed in vault.(mps)
February 6, 2012 Opinion or Order Filing 263 MEMORANDUM OF LAW in Support re: #258 FIFTH MOTION in Limine TO PRECLUDE EVIDENCE AND ARGUMENT OF INEQUITABLE CONDUCT, OR, IN THE ALTERNATIVE, FOR A SEPARATE BENCH TRIAL ON INEQUITABLE CONDUCT INTRODUCTION.. Document filed by Double Rock Corporation, Island Intellectual Property LLC, Lids Capital, LLC. (Macedo, Charles)
February 6, 2012 Opinion or Order Filing 262 MEMORANDUM OF LAW in Support re: #256 FOURTH MOTION in Limine TO PRECLUDE EVIDENCE AND ARGUMENT REGARDING PLAINTIFFS CONFIDENTIAL OCTOBER 18, 2000 PRESENTATION TO AMERICAN ENTERPRISES INVESTMENT SERVICES AT TRIAL.. Document filed by Double Rock Corporation, Island Intellectual Property LLC, Lids Capital, LLC. (Macedo, Charles)
February 3, 2012 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Charles Robert Macedo to RE-FILE Document #257 Memorandum of Law in Support of Motion, #261 Memorandum of Law in Support of Motion. ERROR(S): These are Memorandum's in Support of Motions, not Motions. Change the title of both documents to reflect the change. (db)
February 3, 2012 Opinion or Order Filing 261 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #258 FIFTH MOTION in Limine TO PRECLUDE EVIDENCE AND ARGUMENT OF INEQUITABLE CONDUCT, OR, IN THE ALTERNATIVE, FOR A SEPARATE BENCH TRIAL ON INEQUITABLE CONDUCT INTRODUCTION.. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Macedo, Charles) Modified on 2/6/2012 (db).
February 3, 2012 Opinion or Order Filing 260 DECLARATION of Charles Macedo in Support re: #256 FOURTH MOTION in Limine TO PRECLUDE EVIDENCE AND ARGUMENT REGARDING PLAINTIFFS CONFIDENTIAL OCTOBER 18, 2000 PRESENTATION TO AMERICAN ENTERPRISES INVESTMENT SERVICES AT TRIAL., #259 SIXTH MOTION in Limine TO PRECLUDE TESTIMONY OF GILBERT SCHWARTZ., #258 FIFTH MOTION in Limine TO PRECLUDE EVIDENCE AND ARGUMENT OF INEQUITABLE CONDUCT, OR, IN THE ALTERNATIVE, FOR A SEPARATE BENCH TRIAL ON INEQUITABLE CONDUCT INTRODUCTION.. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Attachments: #1 Exhibit 12, #2 Errata 13-SEALED, #3 Exhibit 14-SEALED, #4 Errata 16, #5 Exhibit 17-SEALED, #6 Exhibit 18, #7 Exhibit 19-SEALED, #8 Exhibit 20-SEALED, #9 Exhibit 21, #10 Exhibit 22-SEALED, #11 Exhibit 23, #12 Exhibit 24, #13 Exhibit 25, #14 Exhibit 26, #15 Exhibit 27)(Macedo, Charles)
February 3, 2012 Opinion or Order Filing 259 SIXTH MOTION in Limine TO PRECLUDE TESTIMONY OF GILBERT SCHWARTZ. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC.(Macedo, Charles)
February 3, 2012 Opinion or Order Filing 258 FIFTH MOTION in Limine TO PRECLUDE EVIDENCE AND ARGUMENT OF INEQUITABLE CONDUCT, OR, IN THE ALTERNATIVE, FOR A SEPARATE BENCH TRIAL ON INEQUITABLE CONDUCT INTRODUCTION. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC.(Macedo, Charles)
February 3, 2012 Opinion or Order Filing 257 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #256 FOURTH MOTION in Limine TO PRECLUDE EVIDENCE AND ARGUMENT REGARDING PLAINTIFFS CONFIDENTIAL OCTOBER 18, 2000 PRESENTATION TO AMERICAN ENTERPRISES INVESTMENT SERVICES AT TRIAL.. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Macedo, Charles) Modified on 2/6/2012 (db).
February 3, 2012 Opinion or Order Filing 256 FOURTH MOTION in Limine TO PRECLUDE EVIDENCE AND ARGUMENT REGARDING PLAINTIFFS CONFIDENTIAL OCTOBER 18, 2000 PRESENTATION TO AMERICAN ENTERPRISES INVESTMENT SERVICES AT TRIAL. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC.(Macedo, Charles)
February 3, 2012 Opinion or Order Filing 255 MOTION in Limine. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC.(Kim, Olivia)
February 2, 2012 Opinion or Order Filing 254 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 1/5/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-cv-02675-KBF et al.(McGuirk, Kelly)
February 2, 2012 Opinion or Order Filing 253 TRANSCRIPT of Proceedings re: Conference held on 1/5/2012 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/27/2012. Redacted Transcript Deadline set for 3/8/2012. Release of Transcript Restriction set for 5/7/2012.Filed In Associated Cases: 1:09-cv-02675-KBF et al.(McGuirk, Kelly)
February 1, 2012 Opinion or Order Filing 300 ORDER FOR ADMISSION PRO HAC VICE: that R. Terrance Rader is admitted to practice Pro Hac Vice in the above captioned case for all purposes as counsel for Plaintiffs in the United States District Court for the Southern District of New York. (Signed by Judge Victor Marrero on 2/1/2012) (pl) Modified on 2/21/2012 (pl).
February 1, 2012 Opinion or Order Filing 252 ORDER FOR ADMISSION PRO HAC VICE granting #251 Motion for R. Terrance Rader to Appear Pro Hac Vice. It is hereby Ordered that R. Terrance Rader is admitted to appear for all purposes as counsel for the plaintiffs. (Signed by Judge Victor Marrero on 2/1/2012) (mro)
January 31, 2012 Opinion or Order Filing 250 ORDER: The Court directs the parties to submit either a joint letter or individual letters by the close of business on February 1,2012, indicating whether they each consent (if they believe consent to be necessary) to the Court having substantive ex parte communications with Special Master Martens or, if they don't believe that consent is necessary under the Order Appointing Special Master of July 28, 2010 (Docket No. 130), indicating such belief. Only if both parties consent or indicate that the Order Appointing Special Master does not require consent will the Court have such communications with Special Master Martens. In the event of consent by both parties, the Court will modify the Order Appointing Special Master to make clear that such ex parte communications between the Court and Special Master Martens are permitted. (Signed by Judge Katherine B. Forrest on 1/31/2012) (cd)
January 31, 2012 Opinion or Order Filing 249 SEALED DOCUMENT placed in vault.(mps)
January 30, 2012 Opinion or Order Filing 279 MOTION for Matthew S. Jorgenson to Appear Pro Hac Vice. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC.(pgu)
January 30, 2012 Opinion or Order Filing 248 SEALED DOCUMENT placed in vault.(nm)
January 30, 2012 Opinion or Order Filing 247 MEMORANDUM OF LAW in Support re: #246 MOTION in Limine #3 to Preclude Defendants' Expert Richard T. Powers from Testifying that the Merrill Lynch CMA/ISA Product Includes Omnibus Accounts Bases On 17-Year Old Double Hearsay That is Uncorroborated and in Contravention of Docum. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Macedo, Charles)
January 30, 2012 Opinion or Order Filing 246 MOTION in Limine #3 to Preclude Defendants' Expert Richard T. Powers from Testifying that the Merrill Lynch CMA/ISA Product Includes Omnibus Accounts Bases On 17-Year Old Double Hearsay That is Uncorroborated and in Contravention of Documentary and Oral Evidence of Record. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC.(Macedo, Charles)
January 30, 2012 Opinion or Order Filing 245 MEMORANDUM OF LAW in Support re: #244 MOTION in Limine #2 to Preclude Testimony from Defendants' Expert Witness Richard T. Powers Regarding the Prosecution Hitsories of the Patents-in-Suit at Trial.. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Macedo, Charles)
January 30, 2012 Opinion or Order Filing 244 MOTION in Limine #2 to Preclude Testimony from Defendants' Expert Witness Richard T. Powers Regarding the Prosecution Hitsories of the Patents-in-Suit at Trial. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC.(Macedo, Charles)
January 30, 2012 Opinion or Order Filing 243 DECLARATION of Charles Macedo in Support re: #241 MOTION in Limine #1 to Preclude Defendants's Expert Kerr or Others from Testifying as to Defendants' Non-Insured Deposit Businesses and Litigation Thereto.. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Attachments: #1 Exhibit 1-Sealed, #2 Exhibit 2-Sealed, #3 Exhibit 3-Sealed, #4 Exhibit 4-Sealed, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7-Sealed, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10-Sealed, #11 Exhibit 11)(Macedo, Charles)
January 30, 2012 Opinion or Order Filing 242 DECLARATION of Charles Macedo in Support re: #241 MOTION in Limine #1 to Preclude Defendants's Expert Kerr or Others from Testifying as to Defendants' Non-Insured Deposit Businesses and Litigation Thereto.. Document filed by Lids Capital, LLC. (Macedo, Charles)
January 30, 2012 Opinion or Order Filing 241 MOTION in Limine #1 to Preclude Defendants's Expert Kerr or Others from Testifying as to Defendants' Non-Insured Deposit Businesses and Litigation Thereto. Document filed by Intrasweep LLC..(Macedo, Charles)
January 30, 2012 Opinion or Order Filing 240 REPLY re: #225 Objection (non-motion), Objection (non-motion) DEFENDANTS' REPLY IN SUPPORT OF THEIR OBJECTIONS TO SPECIAL MASTER'S DECEMBER 19, 2011 REPORT AND RECOMMENDED DECISION ON DEFENDANTS' SUMMARY JUDGMENT MOTION OF INVALIDITY UNDER 35 U.S.C. 101. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Kim, Olivia)
January 30, 2012 Opinion or Order Filing 239 MEMORANDUM OF LAW in Support re: #238 MOTION to Strike TESTIMONY ON INDUCING INFRINGEMENT FROM PLAINTIFFS' EXPERT IVAN ZATKOVICH.. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D)(Kim, Olivia)
January 30, 2012 Opinion or Order Filing 238 MOTION to Strike TESTIMONY ON INDUCING INFRINGEMENT FROM PLAINTIFFS' EXPERT IVAN ZATKOVICH. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. Responses due by 2/6/2012(Kim, Olivia)
January 30, 2012 Opinion or Order Filing 237 DECLARATION of Olivia M. Kim in Support re: #235 MOTION to Strike TESTIMONY BY PLAINTIFFS' EXPERT GERALD J. MOSSINGHOFF.. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kim, Olivia)
January 30, 2012 Opinion or Order Filing 236 MEMORANDUM OF LAW in Support re: #235 MOTION to Strike TESTIMONY BY PLAINTIFFS' EXPERT GERALD J. MOSSINGHOFF.. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Kim, Olivia)
January 30, 2012 Opinion or Order Filing 235 MOTION to Strike TESTIMONY BY PLAINTIFFS' EXPERT GERALD J. MOSSINGHOFF. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. Responses due by 2/6/2012(Kim, Olivia)
January 30, 2012 Opinion or Order Filing 234 MOTION to Strike TESTIMONY BY PLAINTIFFS' EXPERT DAVID A. HAAS. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. Responses due by 2/6/2012(Kim, Olivia)
January 30, 2012 Opinion or Order Filing 233 SEALED DOCUMENT placed in vault.(nm)
January 25, 2012 Opinion or Order Filing 232 TRIAL PROCESS ORDER #1: 1. By February 2, 2012, the parties shall submit a joint letter a. indicating the method by which any witness will testify by deposition: Via videotape or reading. If reading, please confer with opposing counsel on the method and manner of reading and indicate the agreed-to method and manner in the joint letter. All voice "inflection" and "acting-type" affectations must be avoided. b. defendants shall also state in the letter whether Mr. Powers will be testifying as an expert witness. If so, all expert disclosure/deposition requirements must be complied with. 2. The Court has reviewed the parties' letters regarding Mr. Schwartz. Plaintiffs shall immediately attempt to schedule a deposition of Mr. Schwartz for a date on or before February 15, 2012. 3. Except in unusual circumstances, all witnesses will testify once. To the extent plaintiffs call any adverse party as a witness in their direct, defendants will be given broad latitude to conduct their direct examination as part of their "cross" in plaintiffs' case. A witness will only be recalled for rebuttal to the extent (1) entirely new matters (including relating to the witness's credibility) are raised in a context other than (and following) that witness's testimony; and (2) a party requires that witness's rebuttal to respond to the new matters raised, as further set forth in this order. (Signed by Judge Katherine B. Forrest on 1/25/2012) (lmb)
January 25, 2012 Opinion or Order Filing 231 TRIAL PROCESS ORDER #2: The Court issues the following order on trial process and requests that the parties confirm or waive a jury as indicated below: 1. A jury in this case would consist of 12 jurors with 3 alternates. 2. Any verdict must be unanimous. 3. Jury questionnaires will not be allowed. 4. The Court will conduct the voir dire. 5. No "transition statements" will be allowed. 6. It appears that the parties anticipate that a substantial amount of testimony may come in by deposition. The parties are reminded that any use of deposition testimony at trial must conform with the Federal Rules. If this matter proceeded by bench trial, all direct testimony would come in by declaration, expert report or deposition designation. The parties would then proceed to cross-examination. 7. A bench determination would have findings of fact and conclusions of law reviewable by the Federal Circuit. Please confirm by joint letter no later than February 14, 2012 that the parties continue to wish to proceed before a jury rather than a bench trial. (Signed by Judge Katherine B. Forrest on 1/25/2012) (mro)
January 23, 2012 Opinion or Order Filing 230 Objection re: #225 Objection (non-motion), Objection (non-motion) Plaintiffs' Memorandum of Law in Opposition to Defendants' Objections to Special Master Martens' December 19, 2011 Report and Recommendation to Deny Defendants' Motion for Summary Judgment of Invalidity Under 35 U.S.C. 101. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3-Part 1, #4 Exhibit 3-Part 2, #5 Exhibit 4, #6 Exhibit 5)(Macedo, Charles)
January 20, 2012 Opinion or Order Filing 229 WITNESS LIST. Document filed by Deutsche Bank Trust Company Americas, Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC, Total Bank Solutions, LLC.(Macedo, Charles)
January 20, 2012 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Charles Robert Macedo to RE-FILE Document #228 Status Report. Use the event type Witness List found under the event list Trial Documents.***NOTE: Insert in text "JOINT TRIAL". (ka)
January 19, 2012 Opinion or Order Filing 228 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - STATUS REPORT. Joint Trial Witness List Document filed by Deutsche Bank Trust Company Americas, Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC, Total Bank Solutions, LLC.(Macedo, Charles) Modified on 1/20/2012 (ka).
January 16, 2012 Opinion or Order Filing 227 STATUS REPORT. Joint Statement of Claims and Defenses to Be Presented at Trial Set for February 27, 2012 Document filed by Deutsche Bank Trust Company Americas, Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC, Total Bank Solutions, LLC. (Attachments: #1 Exhibit A to the Joint Statement of Claims and Defenses, #2 Exhibit B to the Joint Statement of Claims and Defenses, #3 Exhibit C to the Joint Statement of Claims and Defenses)(Macedo, Charles)
January 11, 2012 Opinion or Order Filing 226 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Charles R. Macedo dated 1/11/2012 re: The parties respectfully propose the following agreed-upon briefing schedule: Plaintiffs' Response to Defendants' Objections to be served and filed by January 23, 2012. Defendants' Reply to be served and filed by January 30, 2012. ENDORSEMENT: Application granted. So ordered. (Responses due by 1/23/2012. Replies due by 1/30/2012.) (Signed by Judge Katherine B. Forrest on 1/11/2012) (rjm)
January 10, 2012 Opinion or Order CASHIERS OFFICE REMARK in the amount of $200.00, paid on 12/23/2011, Receipt Number 1025249. (jd)
January 10, 2012 Opinion or Order CASHIERS OFFICE REMARK in the amount of $200.00, paid on 12/23/2011, Receipt Number 1025250. PAYMENT PRO HAC VICE FOR GLENN FORBIS (jd)
January 9, 2012 Opinion or Order Filing 225 Objection re: #221 Order, Special Master's December 19, 2011 Report and Recommended Decision on Defendants' Summary Judgment Motion of Invalidity Under 35 U.S.C. 101. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kim, Olivia)
January 9, 2012 Opinion or Order Filing 224 ORDER: The parties shall within 7 days of the date of this Order submit a joint chart setting forth the remaining patents at issue, the remaining claims and affirmative defenses associated with each of those patents and a brief statement of the evidence supporting each of those claims and affirmative defenses. With that submission, the parties shall also state their estimate of the length of the trial. A "real" witness list shall be submitted to the Court on or before January 19, 2012. The parties bearing the burden of proof on each claim, counterclaim and affirmative defense ("Affirmative Parties") shall serve their witness list on each other on or before January 12, An exhibit list shall be submitted to the Court no later than February 8, 2012.( Deposition due by 2/8/2012. Motions due by 2/3/2012. Any Daubert motion(s) shall be served and filed no later than January 30, 2012. Any opposition(s) shall be served and filed no later than February 6, 2012. The Court will not accommodate separate cross-Daubert motions. Responses due by 2/10/2012), ( Final Pretrial Conference set for 2/21/2012 at 04:30 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 1/9/2012) (js)
January 3, 2012 Opinion or Order Filing 223 MEMORANDUM OF LAW in Opposition Defendants' Motion for Reconsideration of the Court's December 23, 2011 Scheduling Order (ECF No. 219). Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Macedo, Charles)
January 3, 2012 Opinion or Order Filing 222 ORDER: Having received the parties letters dated December 29, 2011 and December 30, 2011, regarding scheduling a telephonic conference with the Court, it is hereby ordered that the Court will hold a Telephonic Conference on Thursday, January 5, 2012 at 1:00 p.m. Counsel for plaintiff is directed to initiate the call with all parties on the line to (212) 805-0276. ( Telephone Conference set for 1/5/2012 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 1/3/2012) (lmb)
December 27, 2011 Opinion or Order Filing 220 NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge Victor Marrero is no longer assigned to the case. (pgu)
December 23, 2011 Opinion or Order Filing 251 MOTION for R. Terrance Rader to Appear Pro Hac Vice. Document filed by Double Rock Corporation, Island Intellectual Property LLC, Lids Capital, LLC.(bwa) Modified on 1/31/2012 (bwa).
December 23, 2011 Opinion or Order Filing 219 ORDER: The trial scheduled in this case for March 19, 2012 through April 6, 2012 is hereby rescheduled to proceed before Judge Katherine B. Forrest from February 27, 2012 through March 16, 2012. (Signed by Judge Victor Marrero on 12/23/2011) (ab)
December 23, 2011 Opinion or Order Filing 218 ENDORSED LETTER addressed to Judge Victor Marrero from Charles R. Macedo dated 12/21/2011 re: Counsel for the Plaintiffs writes to request that the Court consider Mr. Rader and Mr. Forbis and their law firm counsel of record in the interim so that they may immediately be able to access confidential materials produced in this Action pursuant to the Interim Protective Order (D.I. 72). ENDORSEMENT: Request GRANTED. Attorneys Glenn E. Forbis and R. Terrance Rader are authorized to appear pro hac vice as counsel to plaintiff on an interim basis pending the filing and final approval of their application for such admission to practice before this Court. (Signed by Judge Victor Marrero on 12/21/2011) (ab)
December 21, 2011 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 12/21/2011. (Parties are directed to inform the Court by close of business 12/22/2011 regarding their willingness to proceed to trial before Judge Forrest. Parties are directed to confer and inform the Court the timeline for filing objections to the Special Master's Report dated 12/20/2011 (js)
December 21, 2011 Opinion or Order Filing 221 ORDER: The Court hereby directs the Clerk of Court to enter the attached Special Master's Report and Recommended Decision on Defendant's Summary Judgment Motion of Invalidity under 35 U.S.C. 101 in the public record of this action. SO ORDERED. (Signed by Judge Victor Marrero on 12/21/2011) (ama)
December 21, 2011 Opinion or Order Filing 217 ORDER granting in part and denying in part #194 Motion for Summary Judgment. The Court has reviewed the parties' submissions related to the 3/11/2011 Motions for Summary Judgment, the Special Master's Reports, and Defendants' objections to the Special Master's Reports. Upon consideration of the above, the Court adopts the Special Master's Reports, and GRANTS in part and DENIES in part Defendants' 3/2/2011 Motions for Summary Judgment for the reasons stated therein. (Signed by Judge Victor Marrero on 12/21/2011) (ft)
December 20, 2011 Opinion or Order Filing 216 MEMO ENDORSEMENT re: Letter from defendants dated 12/19/2011 regarding, pursuant to the Court's December 15, 2011 Order (Dkt. No. 215), Defendants in the above-referenced action respectfully respond to Plaintiffs' letter dated December 14, 2011. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. (Signed by Judge Victor Marrero on 12/20/2011) (pl) Modified on 12/20/2011 (pl).
December 15, 2011 Opinion or Order Filing 215 ENDORSED LETTER addressed to Judge Victor Marrero from Charles R. Macedo dated 12/14/11 re: Counsel for the plaintiffs writes to advise the Court of some of the disputes the parties have regarding the pre-filing exchange of information. ENDORSEMENT: Defendants are directed to respond by 12-19-11, by letter not to exceed 4 pages, to the matters set forth above by plaintiffs. (Signed by Judge Victor Marrero on 12/15/2011) (mro)
December 12, 2011 Opinion or Order Filing 214 ORDER CONSOLIDATION: ORDERED that the Clerk of Court is directed to consolidate these actions for all pretrial purposes; and it is further ORDERED that all filings in connection with the consolidated action be docketed against the remaining lower numbered case, 09 Civ. 2675; and it is finally ORDERED that the Clerk of Court close the referenced higher numbered case, 11 Civ. 8871 as a separate action and remove it from the Court's docket. (Signed by Judge Victor Marrero on 12/12/2011) Filed In Associated Cases: 1:09-cv-02675-VM et al.(djc)
December 9, 2011 Opinion or Order Filing 213 ORDER CONSOLIDATION: The Clerk of Court is directed to consolidate these actions for all pretrial purposes; and it is further ORDERED that all filings in connection with the consolidated action be docketed against the remaining lower numbered case, 09 Civ. 2675i and it is finally ORDERED that the Clerk of Court close the referenced higher numbered case, 11 Civ. 6859 as a separate action and remove it from the Court's docket. (Signed by Judge Victor Marrero on 12/9/2011) (jar)
December 8, 2011 Opinion or Order Filing 212 ORDER; that pursuant to the Court's Order of September 13, 2011 (Docket No. 181), the parties briefed the claim construction issues remaining in this case before the Special Master. The Court hereby adopts the claim constructions as set forth in Attachment B to the Special Master's letter dated November 28, 2011 (Docket No. 210), and the Special Master's supplementary letter dated December 5, 2011 (Docket No. 211). (Signed by Judge Victor Marrero on 12/7/2011) (pl)
December 7, 2011 Opinion or Order Filing 211 ENDORSED LETTER addressed to Judge Victor Marrero from Don W Martens dated 12/5/2011 re: Supplementing my letter of 11/28/2011. ENDORSEMENT: The Clerk of Court is directed to enter into public record of this action the letter above submitted to the Court by Special Master Don Martens. (Signed by Judge Victor Marrero on 12/7/2011) (cd)
November 30, 2011 Opinion or Order Filing 210 ENDORSED LETTER addressed to Judge Victor Marrero from Don W. Martens, Special Master dated 11/28/2011 re: Pursuant to the Court's Order of September 13, 2011 (Docket No. 181), the parties fully briefed the claim construction issues remaining in this case. It is recommended that the court enter an order adopting the claim construction as set forth in Attachment B, and further that the "managing" terms in the preambles is not a limitation and thus does not need further construction. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Special Master Don Martens. (Signed by Judge Victor Marrero on 11/30/2011) (lmb)
November 15, 2011 Opinion or Order Filing 209 RESPONSE re: #203 Response, DEFENDANTS' RESPONSE TO PLAINTIFFS' STATEMENT OF ADDITIONAL MATERIAL FACTS IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. 101. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Kim, Olivia)
November 15, 2011 Opinion or Order Filing 208 REPLY to Response to Motion re: #194 MOTION for Summary Judgment of Invalidity Under 35 U.S.C. 101.. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Kim, Olivia)
November 15, 2011 Opinion or Order Filing 207 AFFIDAVIT of Olivia M. Kim in Support re: #206 Brief, #192 Brief. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Attachments: #1 Exhibit 10, #2 Exhibit 11)(Kim, Olivia)
November 15, 2011 Opinion or Order Filing 206 BRIEF re: #192 Brief DEFENDANTS' REPLY CLAIM CONSTRUCTION BRIEF. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC.(Kim, Olivia)
November 15, 2011 Opinion or Order Filing 205 ORDER: granting #204 Motion to Withdraw. The Court HEREBY ORDERS that the appearance of Linda H. Cho for Defendants in this case be withdrawn. (Signed by Judge Victor Marrero on 11/14/2011) (pl)
November 11, 2011 Opinion or Order Filing 204 MOTION to Withdraw Appearance of Linda H. Cho. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC.(Kim, Olivia)
November 2, 2011 Opinion or Order Filing 203 RESPONSE re: #196 Rule 56.1 Statement Plaintiffs Response in Opposition to Defendants' Rule_56_1 Statement. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Macedo, Charles)
November 2, 2011 Opinion or Order Filing 202 DECLARATION of Charles R. Macedo in Opposition re: #194 MOTION for Summary Judgment of Invalidity Under 35 U.S.C. 101.. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Macedo, Charles)
November 2, 2011 Opinion or Order Filing 201 MEMORANDUM OF LAW in Opposition re: #194 MOTION for Summary Judgment of Invalidity Under 35 U.S.C. 101. Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment of Invalidity Under 35 USC 101. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E, #6 Appendix F, #7 Appendix G, #8 Appendix H, #9 Appendix I)(Macedo, Charles)
November 2, 2011 Opinion or Order Filing 200 DECLARATION of Jessica Capasso in Support re: #199 Brief. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Capasso, Jessica)
November 2, 2011 Opinion or Order Filing 199 BRIEF re: #192 Brief Plaintiffs Responsive Claim Construction Brief. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Attachments: #1 Appendix)(Macedo, Charles)
November 1, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Settlement Conference held on 11/1/2011. (js)
November 1, 2011 Opinion or Order Minute Order Proceedings held before Magistrate Judge Ronald L. Ellis: Settlement Conference held on 11/1/2011. No settlement reached. (cd)
October 18, 2011 Opinion or Order Filing 198 ENDORSED LETTER addressed to Magistrate Judge Ronald L. Ellis from Charles R. Macedo dated 10/17/11 re: The parties respectfully request that the deadline to submit the settlement briefs be extended from October 18, 2011 to October 20, 2011. ENDORSEMENT: So ordered. (Signed by Magistrate Judge Ronald L. Ellis on 10/18/11) (rjm)
October 6, 2011 Opinion or Order Filing 197 DECLARATION of Olivia M. Kim in Support re: #194 MOTION for Summary Judgment of Invalidity Under 35 U.S.C. 101.. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Kim, Olivia)
October 6, 2011 Opinion or Order Filing 196 RULE 56.1 STATEMENT. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Kim, Olivia)
October 6, 2011 Opinion or Order Filing 195 MEMORANDUM OF LAW in Support re: #194 MOTION for Summary Judgment of Invalidity Under 35 U.S.C. 101.. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Kim, Olivia)
October 6, 2011 Opinion or Order Filing 194 MOTION for Summary Judgment of Invalidity Under 35 U.S.C. 101. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. Responses due by 11/2/2011(Kim, Olivia)
October 6, 2011 Opinion or Order Filing 193 AFFIDAVIT of Olivia M. Kim re: #192 Brief DEFENDANTS' OPENING CLAIM CONSTRUCTION BRIEF. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Kim, Olivia)
October 6, 2011 Opinion or Order Filing 192 BRIEF DEFENDANTS' OPENING CLAIM CONSTRUCTION BRIEF. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC.(Kim, Olivia)
October 5, 2011 Opinion or Order Filing 191 ORDER: The Court having scheduled a settlement conference to be held on November 1, 2011. IT IS HEREBY ORDERED THAT the Parties shall submit to the Court a joint brief summarizing the legal and factual issues regarding the above matter, as well as the positions of the Parties prior to the settlement conference. IT IS FURTHER ORDERED THAT the Parties are permitted to submit additional information for in camera review by the Court. These additional submissions are limited to three (3) pages from each Party. All submissions shall be submitted on or before October 18, 2011. (Signed by Magistrate Judge Ronald L. Ellis on 10/5/2011) (pl) Modified on 10/5/2011 (pl). Modified on 10/12/2011 (jar).
October 3, 2011 Opinion or Order Filing 190 ENDORSED LETTER addressed to Judge Victor Marrero from Don Martens dated 10/3/2011 re: I have ordered Plaintiffs' responsive briefs be due on 11/2/2011 and defendants' reply briefs on 11/14/2011. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted by the Court by Special Master Don Martens. So Ordered. (Signed by Judge Victor Marrero on 10/3/2011) (cd)
September 29, 2011 Opinion or Order Filing 189 MEMO ENDORSEMENT on #171 Motion to Withdraw as Attorney. SO ORDERED. Attorney Andrew Sterling terminated. (Signed by Judge Victor Marrero on 9/29/2011) (ft)
September 28, 2011 Opinion or Order Filing 188 SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 11/1/2011 at 11:00 AM before Magistrate Judge Ronald L. Ellis in Courtroom 18D, 500 Pearl Street, New York, NY 10007. (Signed by Magistrate Judge Ronald L. Ellis on 9/28/2011) (ft)
September 27, 2011 Opinion or Order Filing 187 CLAIM CONSTRUCTION STATEMENT. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Attachments: #1 Exhibit Exhibit A Joint List of Remaining Claim Terms to be Cosntrued)(Macedo, Charles)
September 27, 2011 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Charles Robert Macedo to RE-FILE Document #186 Claim. Use the event type Claim Construction Statement(Patent Case) found under the event list Other Documents. (ka)
September 26, 2011 Opinion or Order Filing 186 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - CLAIM. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Attachments: #1 Exhibit EXHIBIT A: JOINT LIST OF REMAINING CLAIM TERMS TO BE CONSTRUED)(Macedo, Charles) Modified on 9/27/2011 (ka).
September 26, 2011 Opinion or Order Filing 185 ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey A. Finn dated 8/26/2011 re: The parties in the above-referenced action respectfully submit the following summary of issues to be discussed at the conference call with the Court tentatively scheduled for Tuesday, August 30, 2011 at 3 pm.. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. So Ordered.. (Signed by Judge Victor Marrero on 9/26/2011) (rdz)
September 22, 2011 Opinion or Order Filing 184 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Victor Marrero on 9/22/2011) (mro) Modified on 9/26/2011 (mro).
September 22, 2011 Opinion or Order Filing 183 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Ronald L. Ellis, for Settlement. (pgu)
September 19, 2011 Opinion or Order Filing 182 CLAIM. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Macedo, Charles)
September 13, 2011 Opinion or Order Filing 181 ENDORSED LETTER addressed to Judge Victor Marrero from Don W. Martens dated 9/12/2011 re: Special Master writes to recommend that the Court order adoption of the schedule proposed in the attached email. ENDORSEMENT: Request GRANTED. The schedule for proceedings for claim construction issues and summary judgment motions in this action is approved in accordance with the parties' proposal set forth in the communication attached to the letter above. (Motions due by 10/6/2011. Responses due by 11/1/2011. Replies due by 11/11/2011.) (Signed by Judge Victor Marrero on 9/12/2011) (ab)
September 7, 2011 Opinion or Order Filing 180 ENDORSED LETTER addressed to Judge Victor Marrero from Charles R. Macedo dated 9/1/2011 re: Counsel for Plaintiffs provide the Court with a courtesy copy of a statement filed today by Plaintiffs. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. The parties are directed to address the question of the timing of defendants' proposed motion to special masters masters for this recommendation to the Court. (Signed by Judge Victor Marrero on 9/7/2011) (tro)
September 1, 2011 Opinion or Order Filing 179 MOTION PLAINTIFFS STATEMENT REGARDING ADDITIONAL SUMMARY JUDGMENT MOTION BY DEFENDANTS. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC.(Charkow, Benjamin)
August 31, 2011 Opinion or Order Filing 178 NOTICE OF APPEARANCE by Marc Jonathan Jason on behalf of Island Intellectual Property LLC (Jason, Marc)
August 30, 2011 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 8/30/2011. Trial scheduled to begin on 3/19/2012. Parties are to prepare and submit schedule re: pre-trial submissions in compliance w/ Individual Rules. (jfe)
August 30, 2011 Opinion or Order Filing 177 ENDORSED LETTER addressed to Judge Victor Marrero from Charles R. Macedo dated 8/30/2011 re: Our firm represents Plaintiffs in this action, and we are writing in response to Defendants' August 26, 2011 letter request to file yet another summary judgment motion. Plaintiffs oppose this meritless request as untimely and improper. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. (Signed by Judge Victor Marrero on 8/30/2011) (lmb)
August 29, 2011 Opinion or Order Filing 176 ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey A. Finn dated 8/26/2011 re: Defendants request a pre-motion conference with the Court to request permission to file a summary judgment of invalidity of all asserted claims of the patents-in-suit as soon as possible. ENDORSEMENT: Plaintiffs are directed to respond by 9/2/11, by letter not to exceed three pages to the request of defendants set forth above. So Ordered. (Signed by Judge Victor Marrero on 8/29/2011) (jfe)
August 19, 2011 Opinion or Order Filing 175 Objection re: 174 Sealed Document OBJECTIONS TO CERTAIN PORTIONS OF SPECIAL MASTER'S AUGUST 2, 2011 REPORTS AND RECOMMENDED DECISIONS. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Kim, Olivia)
August 10, 2011 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 8/10/2011. Defendants to submit objection to special master's report by 8/19/2011. Parties are to meet and confer regarding trial schedule and additional claim construction terms. (ab)
August 9, 2011 Opinion or Order Filing 174 SEALED DOCUMENT placed in vault.(mps)
July 27, 2011 Opinion or Order Filing 173 ENDORSED LETTER addressed to Judge Victor Marrero from Don Martens, Special Master dated 7/27/11 re: Request to extend time by three days to 8/4/11 for my reports on summary judgment motions. ENDORSEMENT: Request GRANTED. The time for the Special master herein to file his Reports on motions for Summary Judgment is extended to 8/4/11. (Signed by Judge Victor Marrero on 7/27/11) (cd)
July 8, 2011 Opinion or Order Filing 172 ENDORSED LETTER addressed to Judge Victor Marrero from Don W. Martens dated 7/7/11 re: I am Special Master in the above identified case. My Report on Motions for Summary Judgment is due on July 18, 2011. I hereby request that the time be extended for two weeks to August 1, 2011. ENDORSEMENT: Request GRANTED. The time for the submission of the report of the Special Master in this matter is extended until 8/1/11. (Signed by Judge Victor Marrero on 7/7/11) (djc)
June 24, 2011 Opinion or Order Filing 171 MOTION for Andrew Sterling to Withdraw as Attorney. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC.(Charkow, Benjamin)
May 13, 2011 Opinion or Order Filing 170 ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey A. Finn dated 5/11/2011 re: Requesting that their corporate designees - Mr. Bent II and Ms. Birch - be allowed to attend the summary judgment hearing which will include discussions of information designated "Confidential Attorneys Only" be denied. ENDORSEMENT: Plaintiffs request to permit its corporate designees Bruce Brent and Catherine Birch to attend the summary judgment hearing in this matter is DENIED. The Court is not persuaded that plaintiffs have provided compelling reasons for having these representatives at the hearing or prejudice if they are not, especially in view of the parties confidentiality agreement. (Signed by Judge Victor Marrero on 5/13/2011) (jpo)
May 11, 2011 Opinion or Order Filing 169 SEALED DOCUMENT placed in vault.(nm)
May 11, 2011 Opinion or Order Filing 168 DECLARATION of Andrew Sterling. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Attachments: #1 Exhibit 1-2 in Support of Pls. Oppn to Defs Mot. for Partial Summary Judgment of Certain Claims of the Patents-in-Suit, #2 Exhibit 3-4 in Support of Pls. Oppn to Defs Mot. for Partial Summary Judgment of Certain Claims of the Patents-in-Suit, #3 Exhibit 5-8 in Support of Pls. Oppn to Defs Mot. for Partial Summary Judgment of Certain Claims of the Patents-in-Suit, #4 Exhibit 9(A)-23 in Support of Pls. Oppn to Defs Mot. for Partial Summary Judgment of Certain Claims of the Patents-in-Suit, #5 Exhibit 24-27(B) in Support of Pls. Oppn to Defs Mot. for Partial Summary Judgment of Certain Claims of the Patents-in-Suit, #6 Exhibit 28-35 in Support of Pls. Oppn to Defs Mot. for Partial Summary Judgment of Certain Claims of the Patents-in-Suit, #7 Exhibit 36-47 in Support of Pls. Oppn to Defs Mot. for Partial Summary Judgment of Certain Claims of the Patents-in-Suit, #8 Exhibit 48-53 in Support of Pls. Oppn to Defs Mot. for Partial Summary Judgment of Certain Claims of the Patents-in-Suit)(Charkow, Benjamin)
May 11, 2011 Opinion or Order Filing 167 DECLARATION of Benjamin Charkow in Opposition. Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Attachments: #1 Exhibit 1-2 in Support of Pls. Oppn to Defs Mot. for Summary Judgment of No Indirect Infringement, #2 Exhibit 3-4 in Support of Pls. Oppn to Defs Mot. for Summary Judgment of No Indirect Infringement, #3 Exhibit 5(A)-18 in Support of Pls. Oppn to Defs Mot. for Summary Judgment of No Indirect Infringement, #4 Exhibit 19-30 in Support of Pls. Oppn to Defs Mot. for Summary Judgment of No Indirect Infringement)(Charkow, Benjamin)
May 11, 2011 Opinion or Order Filing 166 SEALED DOCUMENT placed in vault.(nm)
May 11, 2011 Opinion or Order Filing 165 SEALED DOCUMENT placed in vault.(nm)
May 9, 2011 Opinion or Order Filing 164 ENDORSED LETTER addressed to Judge Victor Marrero from Charles R. Macedo dated 5/9/2011 re: Requesting that the Court enter an order confirming Plaintiffs' corporate designees, Ms. Birch and Mr. Bent II, may attend this hearing. ENDORSEMENT: So Ordered. Defendants are directed to respond by 5/11/2011 by letter not to exceed 4 pages, to the matter raised by Plaintiffs above. (Signed by Judge Victor Marrero on 5/9/2011) (jpo)
April 25, 2011 Opinion or Order Filing 163 NOTICE of Plaintiffs' Notice of Supplemental Authority Relating to Defendants' Motion for Summary Judgment of No Indirect Infringement of the Patents-In-Suit re: #159 Notice (Other). Document filed by Double Rock Corporation, Intrasweep LLC., Island Intellectual Property LLC, Lids Capital, LLC. (Macedo, Charles)
March 29, 2011 Opinion or Order Filing 162 ORDER GRANTING #161 MOTION TO WITHDRAW APPEARANCE OF TIMOTHY P. BEST.The Court HEREBY ORDERS that the appearance of Timothy P. Best for Defendants Deutsche Bank Trust Company Americas and Total Bank Solutions, LLC in this case be withdrawn. (Signed by Magistrate Judge Andrew J. Peck on 3/29/11) (djc)
March 22, 2011 Opinion or Order Filing 161 MOTION to Withdraw Appearance of Timothy P. Best. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC.(Kim, Olivia)
March 15, 2011 Opinion or Order CASE NO LONGER REFERRED to Magistrate Judge Andrew J. Peck. I have closed the above reference for magistrate judge statistical purposes. Reason: Discovery closed. (mro)
March 11, 2011 Opinion or Order Filing 160 NOTICE of Notice of Motion for Summary Judgment of Noninfringement. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Finn, Jeffrey)
March 11, 2011 Opinion or Order Filing 159 NOTICE of Notice of Motion for Summary Judgment of No Indirect Infringement. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Finn, Jeffrey)
March 10, 2011 Opinion or Order Filing 158 ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey A. Finn dated 3/10/11 re: Counsel for the defendants advise that they will be serving motions for summary judgment on plaintiffs and special master Martens tomorrow. Per the agreed briefing schedule, plaintiffs will serve papers in opposition and defendants will serve replies thereafter. In order to reduce the burden of the Court and the parties of making and administrating these multiple filings, defendants request that the parties postpone filing with the Court all briefs and supporting papers and exhibits until 3 court days after the Reply Briefs are served. ENDORSEMENT: Request GRANTED. The parties are authorized to file with the Court the summary judgment motion papers herein in accordance with the procedure and timetable described above. So ordered. (Signed by Judge Victor Marrero on 3/10/2011) (mro)
March 9, 2011 Opinion or Order Filing 157 NOTICE OF APPEARANCE by Marcus Alexander Cordova on behalf of Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC (Cordova, Marcus)
February 22, 2011 Opinion or Order Filing 156 STIPULATION AND ORDER: The deposition of Defendants' expert, Ken Johnson, continue on 3/1/2011 at the office of Plaintiffs' counsel in New York City. The deadline to file summary judgment motions shall be extended to 3/3/2011 from 2/28/2011 to the extent that the parties identify such motions to opposing counsel in writing by 2/15/2011. ENDORSEMENT: Subject to any other order of the mediator re scheduling. (Motions due by 3/3/2011.) (Signed by Magistrate Judge Andrew J. Peck on 2/22/2011) (tro) Modified on 2/23/2011 (tro).
February 18, 2011 Opinion or Order Filing 155 ENDORSED LETTER addressed to Judge Victor Marrero from Don W. Martens dated 2/17/11 re: I have issued the attached Order regarding the briefing schedule, subject matter and page limits for summary judgment motions. ENDORSEMENT: SO ORDERED. The Clerk of Court is directed to enter the attached Order of Special Master dated 2/17/11 in the public record of this action. (Signed by Judge Victor Marrero on 2/18/11) (db)
February 2, 2011 Opinion or Order Filing 154 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Charles R. Macedo dated 2/1/2011 re: Requesting that the Court deny Defendants' request to modify the endorsement #2 of D.I. 152. ENDORSEMENT: Request denied. The Court's 1/31/2011 endorsement applies. (Signed by Magistrate Judge Andrew J. Peck on 2/2/2011) (jpo)
January 31, 2011 Opinion or Order Filing 153 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Jeffrey A. Finn dated 1/31/2011 re: Requesting that the Court reconsider the rulings on the letter by ordering that: The summary judgment motion deadline of February 28, 2011, is not limited to the only summary judgment motion previously discussed; and Pursuant to stipulation of the parties, the deadline to complete the deposition of Defendants' expert. Ken Johnson, be extended from February 8, 2011 to February 10, 2011. ENDORSEMENT: Approved. Counsel shall discuss with the Special Master whether this will be one (long) motion and brief per side or multiple motions/briefs. (Signed by Magistrate Judge Andrew J. Peck on 1/31/2011) (jpo)
January 28, 2011 Opinion or Order Filing 152 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Charles R. Macedo dated 1/28/11 re: Request for an extension of discovery deadlines including: deposition of Mr. Johnson by 2/8/11; Deposition of Mr. Zatkovich by 2/11/11; and Summary Judgment Motions by 2/18/11. ENDORSEMENT: 1. Parties to promptly set a date for Johnson depo - which must occur on or before 2/8. 2. SJ motion is limited to that previously discussed but deadline is 2/28. 3. Counsel to provide a copy of this Order to Master Martens. (Deposition due by 2/8/2011. Motions due by 2/28/2011.) (Signed by Magistrate Judge Andrew J. Peck on 1/28/11) (db)
January 28, 2011 Opinion or Order Filing 151 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Jeffrey A. Finn dated 1/27/11 re: Request for an extension of the discovery deadline and the filing of summary judgment motions. ENDORSEMENT: 1. Expert discovery cutoff 2/14/11. 2. SJ motions due 2/28. 3. Further extensions are extremely unlikely.4. Counsel shall send a copy of this Order to Special Master Martens. (Discovery due by 2/14/2011. Motions due by 2/28/2011.) (Signed by Magistrate Judge Andrew J. Peck on 1/28/11) (db)
January 11, 2011 Opinion or Order CASHIERS OFFICE REMARK on #148 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 12/22/2010, Receipt Number 924490. (jd)
January 8, 2011 Opinion or Order Filing 150 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Benjamin Charkow dated 12/7/10 re: counsel for plaintiff writes this letter to inform Your Honor that the hearing scheduled for 10:30 a.m. tomorrow morning in the above-captioned matter is no longer necessary. In that regard, Defendants have agreed to redesignate Appendix V of the Expert Report of Ivan Zatkovich as CONFIDENTIAL-ATTORNEYS ONLY. Further, with regard to the relief requested by Plaintiffs' with regard to the prosecution history estoppel issue (see 12/2/10 Tr. 31:10-16), the parties have agreed upon a schedule for supplementation of expert reports. Each party reserves the right to object substantively to the content of the respective supplementation. ENDORSEMENT: Approved. (Signed by Magistrate Judge Andrew J. Peck on 12/7/10) Copies By ECF Chambers. (pl)
January 4, 2011 Opinion or Order Filing 149 ORDER OF ADMISSION TO PRACTICE PRO HAC VICE, that Spencer W. Ririe is admitted pro hac vice in the above captioned case in the United States District Court for the Southern District of New York subject to payment of the filing fee. Additional relief as set forth in this Order. granting #148 Motion for Spencer W. Ririe to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 1/4/11) (pl)
December 29, 2010 Opinion or Order Filing 147 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for Plaintiffs Island Intellectual Property LLC, LIDS Capital LLC, Double Rock Corporation and Intrasweep LLC, and counsel for Defendants Deutsche Bank Trust Company Americas and Total Bank Solutions, LLC, that certain expert depositions, which have commenced but not completed, will resume after the expert discovery completion deadline of December 23, 2010 on mutually convenient dates for the parties on or before January 31, 2011. The summary judgment motion deadline remains unchanged. Copies by ECF to: All counsel, Judge Victor Marrero. ( Deposition due by 1/31/2011.) (Signed by Magistrate Judge Andrew J. Peck on 12/29/10) (mro)
December 28, 2010 Opinion or Order CASHIERS OFFICE REMARK on #144 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 12/09/2010, Receipt Number 923301. (jd)
December 22, 2010 Opinion or Order Filing 148 MOTION for Spencer W. Ririe to Appear Pro Hac Vice. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC.(mro)
December 20, 2010 Opinion or Order Filing 146 TRANSCRIPT of proceedings held on December 2, 2010 9:40 a.m. before Magistrate Judge Andrew J. Peck. (ajc)
December 14, 2010 Opinion or Order Filing 145 ORDER OF ADMISSION TO PRACTICE PRO HAC VICE. ORDER granting #144 Motion for Sandra s. Fujiyama to Appear Pro Hac Vice for Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Signed by Judge Victor Marrero on 12/13/10) (db)
December 9, 2010 Opinion or Order Filing 144 MOTION for Sandra s. Fujiyama to Appear Pro Hac Vice. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC.(mro)
December 2, 2010 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 12/2/2010, Expert discovery related disputes resolved- See transcript. ( Expert Discovery due by 12/23/2010.). Next status conference to be held before Judge Peck on 12/8/2010 at 10:30 a.m. (mbe)
November 17, 2010 Opinion or Order Filing 143 ORDER RESCHEDULING STATUS CONFERENCE: Status Conference rescheduled to 12/2/2010 at 09:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck. (Signed by Magistrate Judge Andrew J. Peck on 11/17/10) (db)
November 8, 2010 Opinion or Order Filing 142 ENDORSED LETTER addressed to Judge Victor Marrero from Charles R. Maccdo dated 11/5/2010 re: Plaintiffs respectfully submits that the proposed motion is without merit and it would be prejudice to allow briefing at this time. ENDORSEMENT: The Court will refer to the Special Master all questions regarding the briefing schedules and subjects of all contemplated motions for summary judgment. So Ordered. (Signed by Judge Victor Marrero on 11/8/2010) (jfe)
November 5, 2010 Opinion or Order Filing 141 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Charles R. Macedo dated 11/5/2010, re: Given the tight time constraints for preparation and submission of expert reports, Plaintiffs have submitted this letter from the Court without hearing from Defendants as they need prompt guidance from the Court as to whether or not to commence preparing a report on the issue of inequitable conduct despite the uncertainty of the law and the lack of specificity of Defendants' contentions with regard to intent to deceive. ENDORSEMENT: Request DENIED. It may take months for the Federal Circuit to decide the Becton Dickinson case. (It took them months to decide the patent prosecution bar issue for this case.) It may be necessary to revise expert reports after Becton Dickinson, but the Court will not stay the deadline for such reports until a date totally outside our control. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 11/5/2010) (lnl) Modified on 11/12/2010 (lnl).
November 2, 2010 Opinion or Order Filing 140 ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey A. Finn dated 11/1/2010, re: Defendants Deutsche Bank Trust Company Americas and Total Bank Solutions, LLC respectfully submit this letter to request that Defendants be allowed to file Defefendants' Motion for Summary Judgment of Non-Infringement of U.S. Patent Nos. 7.509,286; 7,536,350; and 7,668,772 and that this motion be referred to Special Master Don W. Martens. Defendants submit that a pre-motion hearing is not needed for this issue because the motion should be referred to Special Master Martens. ENDORSEMENT: Plaintiffs are directed to respond by 11/5/2010, by letter not to exceed 2 pages, to the matter set forth above by defendants. SO ORDERED. (Responses due by 11/5/2010) (Signed by Judge Victor Marrero on 11/2/2010) (lnl)
October 26, 2010 Opinion or Order Filing 139 STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that the case schedule in this matter shall be amended in accordance with Exhibit A of the Case Management Order, as attached hereto. Parties to submit opening expert reports by October 28, 2010. Parties to submit responsive expert reports by November 23, 2010. Completion for expert discovery for Phase I and Phase II patents and Last for all counsel to meet for at least one hour to discuss settlement is December 17, 2010. Last day to file summary judgment motions is January 28, 2011. (Signed by Magistrate Judge Andrew J. Peck on 10/25/2010) (jpo)
October 7, 2010 Opinion or Order Filing 138 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Charles R. Macedo dated 10/6/10 re: Plaintiffs request an extension until Friday, October 8, 2010, to make its in camera submission to the extent it is still necessary. ENDORSEMENT: Approved. So ordered. (Signed by Magistrate Judge Andrew J. Peck on 10/7/10) Copies Sent by ECF By Chambers. (rjm)
September 23, 2010 Opinion or Order Filing 137 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Charles R. Macedo dated 9/23/2010 re: Requesting that the next Court conference for this case be rescheduled from October 6, 2010 to October 5, 2010 at 10:30 am in Courtroom 20D. ENDORSEMENT: Approved. (Signed by Magistrate Judge Andrew J. Peck on 9/23/2010) Copies Faxed By Chambers. (jpo)
September 7, 2010 Opinion or Order Filing 136 ORDER OF ADMISSION TO PRACTICE PRO HAC VICE. ORDERED that Timothy P. Best is admitted pro hac vice (to represent Defendants Deutsche Bank Trust Company Americas and Total Bank Solutions, LLC) in the above-captioned case in the United States District Court for the Southern District of New York subject to payment of the filing fee. granting #135 Motion for Timothy P. Best to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 9/6/10) (rjm)
September 2, 2010 Opinion or Order CASHIERS OFFICE REMARK on #135 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 08/24/2010, Receipt Number 912952. (jd)
August 24, 2010 Opinion or Order Filing 135 MOTION for Timothy P. Best to Appear Pro Hac Vice. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC.(mro)
August 24, 2010 Opinion or Order Filing 134 NOTICE OF APPEARANCE by Linda Hye Eun Cho on behalf of Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC (Cho, Linda)
August 18, 2010 Opinion or Order Filing 133 STIPULATION AND ORDER: The case schedule in this action shall be amended in accordance with Exhibit A of the Case Management Order, as attached hereto. Dates that have previously been so ordered by the Court (see D.l. 116) have been included for the convenience of the Court. The deposition of Plaintiffs' witness, Mr. Bent Bruce Sr. will take place on August 31, 2010, one day after the Phase II fact discovery completion deadline of August 30, 2010. (Deposition due by 8/31/2010.) (Signed by Magistrate Judge Andrew J. Peck on 8/18/10) Copies Faxed By Chambers. (db)
August 16, 2010 Opinion or Order Filing 132 DECLARATION of Don W. Martens Declaration of Special Master Candidate - Don W. Martens. Document filed by Island Intellectual Property LLC. (Charkow, Benjamin)
August 16, 2010 Opinion or Order Filing 131 TRANSCRIPT of proceedings held on 8/4/2010 before Magistrate Judge Andrew J. Peck. (jw)
August 4, 2010 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 8/4/2010. Discovery issues resolved-see transcript. Next Status Conference set for 10/6/2010 at 09:30 AM before Magistrate Judge Andrew J. Peck. (mro)
July 28, 2010 Opinion or Order Filing 130 ORDER APPOINTING SPECIAL MASTER: Pursuant to the Courts Order during the June 16, 2010 telephone conference, the parties to the above captioned action stipulated that the Court, pursuant to Fed. R. Civ. P. 53, appoint Mr. Don W. Martens as a special master to make recommendations to the Court with respect to any specific motions involving patent issues referred to Mr. Martens by the Court. It is ORDERED, ADJUDGED and DECREED as follows: Don W. Martens is hereby appointed as a special master in this case pursuant, to Fed. R. Civ. P. 53, to make recommendations to the Court with respect to any specific motions involving patent issues referred to Mr. Martens by the Court. Prior to referring any summary judgment motion to the Special Master, the parties shall, consistent with the individual practices of Judge Marrero, send a letter to the Court concisely describing the basis for the proposed motion and requesting a pre-motion conference. Any party opposing the motion must submit a reply letter within two business days of receiving the pre-motion letter indicating whether the proposed motion is opposed and if so, the basis for the opposition. Pre-motion letters shall not exceed two pages. The Court will review the letter submissions to determine whether the movant has permission to make the proposed motion and whether the motion should be referred to Mr. Martens. Mr. Martens shall submit a Report and Recommendation on any motions submitted to him within sixty (60) days of submission by the parties. The manner of submission of such motions shall be consistent with the local rules and individual practices of Judge Marrero. Mr. Martens may hold oral argument in New York City on any motion referred to him as he deems necessary. Mr. Martens shall be compensated at the rate of $600 per hour up to a maximum of $5,000 per day. The Clerk of the Court is DIRECTED to include Mr. Martens on the docket of this case and provide notification of all filings and Court Orders to Mr. Martens. This Order shall be conditioned upon the masters submitting the affidavit required by Federal Rules of Civil Procedure 53(b)(3)(A) disclosing whether there is any grounds for disqualifications under 28 U.S.C. 455. So Ordered. (Signed by Judge Victor Marrero on 7/28/2010) (jfe) Modified on 8/19/2010 (tro).
July 16, 2010 Opinion or Order Filing 129 TRANSCRIPT of proceedings held on 6/29/2010 before Magistrate Judge Andrew J. Peck. (ab)
June 29, 2010 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 6/29/2010. Discovery disputes resolved-see transcript. Documents with notes reviewed by patent prosecution attorney Mr. Ellis ordered produced, without any privilege waiver, and Rule 502(d) protection. Late identified Merill Lynch witnesses, Ms. Newstadtler allowed to be a fact witness; parties to discuss def paying/sharing depo expenses. Status Conference set for 8/4/2010 at 09:30 AM before Magistrate Judge Andrew J. Peck. (mro)
June 24, 2010 Opinion or Order Filing 127 STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that the deposition of plaintiffs' corporate witness, John Drazhal is due June 28, 2010; Deposition of a third-party witness, John Oncken is due July 8, 2010; Last day to supplement interrogatory responses for Phase I is July 16, 2010. The deadline for Plaintiffs' Infringement Contentions for Phase II is extended to and including July 12, 2010. (Signed by Magistrate Judge Andrew J. Peck on 6/24/2010)Copies Mailed By Chambers (jpo)
June 23, 2010 Opinion or Order Filing 128 TRANSCRIPT of proceedings held on June 1, 2010 before Magistrate Judge Andrew J. Peck. (mro)
June 16, 2010 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 6/16/2010. Party to confer and submit FRCP 53 Order concerning appointment of special master. (eef)
June 8, 2010 Opinion or Order Filing 126 TRANSCRIPT of proceedings held on June 1, 2010 3:10 p.m. before Magistrate Judge Andrew J. Peck. (ajc)
June 1, 2010 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 6/1/2010. Parties agree to have "Interim Protective Order" become permanent (with one modification), after rescind from Fed. Cir. Specific discovery issues resolved-see transcript. Status Conference set for 6/29/2010 at 09:30 AM before Magistrate Judge Andrew J. Peck. (mro) Modified on 6/9/2010 (mro).
June 1, 2010 Opinion or Order Filing 125 STIPULATION AND ORDER that the time for the parties to supplement their responses to interrogatories relating to Phase I is extended to and including 7/2/10. (Signed by Magistrate Judge Andrew J. Peck on 6/1/10) (cd)
June 1, 2010 Opinion or Order Filing 124 NOTICE OF APPEARANCE by Jessica Ann Rasmussen on behalf of Island Intellectual Property LLC, Lids Capital, LLC, Double Rock Corporation, Intrasweep LLC. (Rasmussen, Jessica)
May 28, 2010 Opinion or Order Filing 123 ORDER: The parties are directed to appear for a conference in the above-captioned matter on Tuesday, June 1, 2010 at 2:30 P.M. in Courtroom 20B at the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Victor Marrero on 5/28/2010) (jfe)
May 26, 2010 Opinion or Order Filing 122 REPLY to Defendant Total Bank Solutions, LLC's Counterclaims to the Island Plaintiffs' February 23, 2010 Complaint. Document filed by Island Intellectual Property LLC. (Macedo, Charles)
May 26, 2010 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Charles Robert Macedo to RE-FILE Document #118 Response. Use the event type Reply(non-motion) found under the event list Other Answers. (KA)
May 25, 2010 Opinion or Order Filing 121 REPLY to Defendant Deutsche Bank Trust Company America's Counterclaims to the Island Plaintiffs' March 16, 2010 Complaint. Document filed by Island Intellectual Property LLC. (Macedo, Charles)
May 25, 2010 Opinion or Order Filing 120 REPLY to Defendant Total Bank Solutions, LLC's Counterclaims to the Island Plaintiffs' March 16, 2010 Complaint. Document filed by Island Intellectual Property LLC. (Macedo, Charles)
May 25, 2010 Opinion or Order Filing 119 REPLY to Defendant Deutsche Bank Trust Company America's Counterclaims to the Island Plaintiffs' February 23, 2010 Complaint. Document filed by Island Intellectual Property LLC. (Macedo, Charles)
May 25, 2010 Opinion or Order Filing 118 FILING ERRROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - RESPONSE to Defendant Total Bank Solution LLC's Counterclaims to the Island Plaintiff's February 23, 2010 Complaint(REPLY(NON-MOTION). Document filed by Island Intellectual Property LLC. (Macedo, Charles) Modified on 5/26/2010 (KA).
May 24, 2010 Opinion or Order Filing 117 ENDORSED LETTER addressed to Judge Victor Marrero from James A. Finn and Charles R. Macedo dated 5/21/2010 re: The parties jointly request that their time to submit to the Court the names of potential candidates for Special Master be extended to 5/27/2010. ENDORSEMENT: Request GRANTED. The time for the parties to propose names for appointment of Special Master in this action is extended to 5-27-10. SO ORDERED. (Signed by Judge Victor Marrero on 5/21/2010) (tve)
May 18, 2010 Opinion or Order Filing 116 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Jeffrey A. Finn & Charles R. Macedo dated 5/17/10 re: For the reasons set forth in this Letter, Plaintiffs respectfully request that Your Honor adopt Plaintiffs' proposed schedule and/or in the alternative extend the close of Phase I fact discovery from June 25, 2010 until August 30, 2010 to be coterminous with the close of Phase II fact discovery. PARTIES' PROPOSED SCHEDULE as follows: Answers to Phase II Complaints due: Tuesday, May 4, 2010. Replies to Phase II Counterclaims due: Tuesday, May 25, 2010. Close of Phase I Fact Discovery, Friday, June 25, 2010. Close of Fact Discovery for Phase II Patents, Monday, August 30, 2010. Completion for expert discovery for Phase I and Phase II patents, Friday, December 17, 2010. Last day to file summary judgment motions, Friday, January 28, 2011. Additional relief as set forth in this Order. ENDORSEMENT: The Court approves the schedule with plaintiff's proposed dates for claim contentions. (The Court also notes that the parties should try to work issues out re non-party depositions such as the Bents to avoid 2 depositions.) (Signed by Magistrate Judge Andrew J. Peck on 5/18/10) Copies Faxed By Chambers.(pl)
May 14, 2010 Opinion or Order Filing 115 TRANSCRIPT of proceedings held on May 10, 2010 9:00 a.m. before Magistrate Judge Andrew J. Peck. (ajc)
May 11, 2010 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 5/11/2010. Parties to submit proposal for claim construction procedure by 5/17/2010. (eef)
May 10, 2010 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 5/10/2010. Fact discovery cutoff 6/25/10 (phase 1), 8/30 (phase 2); expert cutoff 12/17 (phase 1&2)' SJ Motion 1/28/11. Status Conference to be held before Judge Peck on 6/1 at 3pm (def. telephonic). (mro)
May 4, 2010 Opinion or Order Filing 114 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Island Intellectual Property LLC, Lids Capital, LLC. Document filed by Total Bank Solutions, LLC.(Kim, Olivia)
May 4, 2010 Opinion or Order Filing 113 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Island Intellectual Property LLC, Lids Capital, LLC. Document filed by Deutsche Bank Trust Company Americas.(Kim, Olivia)
May 4, 2010 Opinion or Order Filing 112 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Island Intellectual Property LLC, Intrasweep LLC.. Document filed by Total Bank Solutions, LLC.(Kim, Olivia)
May 4, 2010 Opinion or Order Filing 111 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Island Intellectual Property LLC, Intrasweep LLC.. Document filed by Deutsche Bank Trust Company Americas.(Kim, Olivia)
May 3, 2010 Opinion or Order Filing 110 TRANSCRIPT of proceedings held on 4/12/2010 before Magistrate Judge Andrew J. Peck. (mbe)
April 30, 2010 Opinion or Order Filing 109 AFFIDAVIT of Olivia M. Kim re: #108 Brief DEFENDANTS' OPENING CLAIM CONSTRUCTION BRIEF. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Kim, Olivia)
April 30, 2010 Opinion or Order Filing 108 BRIEF DEFENDANTS' OPENING CLAIM CONSTRUCTION BRIEF. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC.(Kim, Olivia)
April 30, 2010 Opinion or Order Filing 107 BRIEF Opening Memorandum in Support of Plaintiffs' Claim Construction for the Phase I Patents. Document filed by Island Intellectual Property LLC, Lids Capital, LLC, Intrasweep LLC., Double Rock Corporation. (Attachments: #1 Exhibit A to the Opening Memorandum in Support of Plaintiffs' Claim Construction for the Phase I Patents, #2 Exhibit B to the Opening Memorandum in Support of Plaintiffs' Claim Construction for the Phase I Patents, #3 Exhibit C to the Opening Memorandum in Support of Plaintiffs' Claim Construction for the Phase I Patents, #4 Exhibit D to the Opening Memorandum in Support of Plaintiffs' Claim Construction for the Phase I Patents, #5 Exhibit E to the Opening Memorandum in Support of Plaintiffs' Claim Construction for the Phase I Patents, #6 Exhibit F to the Opening Memorandum in Support of Plaintiffs' Claim Construction for the Phase I Patents, #7 Exhibit G to the Opening Memorandum in Support of Plaintiffs' Claim Construction for the Phase I Patents, #8 Exhibit H to the Opening Memorandum in Support of Plaintiffs' Claim Construction for the Phase I Patents, #9 Exhibit I to the Opening Memorandum in Support of Plaintiffs' Claim Construction for the Phase I Patents, #10 Exhibit J to the Opening Memorandum in Support of Plaintiffs' Claim Construction for the Phase I Patents, #11 Exhibit K to the Opening Memorandum in Support of Plaintiffs' Claim Construction for the Phase I Patents, #12 Exhibit L to the Opening Memorandum in Support of Plaintiffs' Claim Construction for the Phase I Patents, #13 Exhibit M to the Opening Memorandum in Support of Plaintiffs' Claim Construction for the Phase I Patents)(Macedo, Charles)
April 26, 2010 Opinion or Order Filing 106 TRANSCRIPT of proceedings held on April 12, 2010 2:10 p.m. before Magistrate Judge Andrew J. Peck. (ajc)
April 14, 2010 Opinion or Order Filing 105 NOTICE of JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT. Document filed by Island Intellectual Property LLC, Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC, Lids Capital, LLC, Intrasweep LLC., Double Rock Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kim, Olivia)
April 12, 2010 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 4/12/2010. See transcript for rulings. Proposed schedule for Phase II depos by 5/4. Next Status Conference set for 5/10/2010 at 09:00 AM before Magistrate Judge Andrew J. Peck. (mro)
April 1, 2010 Opinion or Order Filing 104 STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that the time for Defendants to answer or move against Plaintiffs Island Intellectual Property LLC and Intrasweep LLC's Complaint filed on February 23, 2010 (originally filed in Case No. 10-Civ-1518, later consolidated with this action on March 9, 2010 (Dkt. No. 99)) is extended to and including May 4, 2010. In addition, the time for Defendants to answer or move against Plaintiffs Island Intellectual Property LLC and LIDS Capital LLC's Complaint filed on March 16, 2010 (originally filed in Case No. 10-Civ-2268, later consolidated with this action on March 24, 2010 (Dkt. No. 102) is shortened to and including May 4, 2010. (Signed by Magistrate Judge Andrew J. Peck on 4/1/2010) (jpo) Modified on 4/1/2010 (jpo). Modified on 4/13/2010 (jpo).
March 25, 2010 Opinion or Order Filing 103 MEMO ENDORSEMENT on re: #96 Stipulation and Order. Approved. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 3/25/2010) (jmi)
March 25, 2010 Opinion or Order Set/Reset Deadlines: Discovery due by 9/28/2010. (jmi)
March 24, 2010 Opinion or Order Filing 102 ORDER that the Clerk of Court is directed to consolidate the two cases captioned above for all purposes; and it is further ORDERED that all filings in connection with the consolidated action be docketed against the remaining lower number case, 09 Civ. 2675; and its finally ORDERED that the Clerk of Court close the referenced higher numbered case, 10 Civ. 2268, as a separate action and remove it from the Court's database of open cases. SO ORDERED. (Signed by Judge Victor Marrero on 3/22/2010) Filed In Associated Cases: 1:09-cv-02675-VM-AJP, 1:10-cv-02268-VM(jmi)
March 19, 2010 Opinion or Order Filing 101 ENDORSED LETTER addressed to Judge Victor Marrero from Charles R. Macedo dated 3/18/2010 re: For the reasons set forth in this letter, the parties respectfully request a case management conference be scheduled. ENDORSEMENT: The Court will consolidate case member 10 Civ. 2268 with the lead case in this litigation. Conceptually the Court has no objection to the five-phase case management proposal set forth above. Formal approval and details of its implementation should be pursued with Magistrate Judge Peck to whom the matter is referred. (Signed by Judge Victor Marrero on 3/19/2010) (tro) Modified on 3/19/2010 (tro). Modified on 3/29/2010 (tro).
March 16, 2010 Opinion or Order Filing 100 STIPULATION AND ORDER: The time for Defendants to answer or move against Plaintiffs Island Intellectual Property LLC and Intrasweep LLC's Complaint filed on 2/23/2010 (originally filed in Case No. 10-cv-1518, later consolidated with this action on 3/9/2010 (Dkt. No. 99)) is extended to and including 3/31/2010. (Signed by Judge Victor Marrero on 3/16/2010) (tro)
March 9, 2010 Opinion or Order Filing 99 ORDER: It is hereby ordered that the Clerk of Court is directed to consolidate the two cases captioned above for all purposes; and it is further ORDERED that all filings in connection with the consolidated action be docketed against the remaining lower number case, 09 Civ. 2675; and its finally ORDERED that the Clerk of Court close the referenced higher numbered case, 10 Civ. 1518, as a separate action and remove it from the Court's database of open cases. (Signed by Judge Victor Marrero on 3/9/2010) Filed In Associated Cases: 1:09-cv-02675-VM-AJP, 1:10-cv-01518-VM(jpo)
March 8, 2010 Opinion or Order Filing 98 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Jeffrey A. Finn dated 3/4/2010 re: This letter concerns Plaintiffs' letter to Your Honor today concerning Defendants' preliminary invalidity contentions. Plaintiffs' letter is improper and unnecessary because the issue rained could have been resolved without Your Honor's involvement if Plaintiffs had Defendants a chance to respond to their request, which was raised late last night. Instead of giving Defendants a chance to answer to their request, Plaintiffs hastily faxed a letter to Your Honor, resulting in waste of the parties' and Your Honor's time and resources. ENDORSEMENT: The parties have reached agreement as shown by this letter. No further Court action is required. (Signed by Magistrate Judge Andrew J. Peck on 3/8/2010) (jmi)
February 19, 2010 Opinion or Order Filing 96 STIPULATION AND ORDER IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for Island Intellectual Property LLC, LlDS Capital LLC, Double Rock Corporation and Intrasweep LLC (collectively, "Plaintiffs"), and counsel for Deutsche Bank Trust Company Americas and Total Bank Solutions, LLC (collectively, "Defendants"), that the schedule for the Claim Construction Discovery and Hearing in the above-captioned matter shall be amended inaccordance with Exhibit A of the Case Management Order, as attached hereto. (Signed by Magistrate Judge Andrew J. Peck on 2/19/10) (djc)
February 18, 2010 Opinion or Order Filing 97 TRANSCRIPT of proceedings held on 2/18/2010 before Magistrate Judge Andrew J. Peck. (dnd)
February 8, 2010 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 2/8/2010. See transcript for discovery rulings. Next Status Conference set for 4/12/2010 at 02:00 PM before Magistrate Judge Andrew J. Peck. (tro)
January 29, 2010 Opinion or Order Filing 94 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Charles R. Macedo dated 1/29/2010 re: Accordingly; Plaintiffs respectfully request that the Court confirm that Plaintiffs may supplement their Preliminary Infringement Contentions, under the present circumstances, or alliteratively, to the extent the Court deem it necessary, grant leave for Plaintiffs to submit their First Amended Preliminary Infringement Contentions by granting a one week nunc pro tunc extension to the scheduling order with a corresponding extension for Defendants. ENDORSEMENT: Approved (but only this schedule is adjourned, not the ultimate fact and expert disc. Cutoff dates, ect.) SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 1/29/2010) (jmi)
January 26, 2010 Opinion or Order Filing 95 TRANSCRIPT of proceedings held on January 5, 2010 at 11:45 am before Magistrate Judge Andrew J. Peck. (eef)
January 12, 2010 Opinion or Order ***DELETED DOCUMENT. Deleted document number #94 endorsed letter. The document was incorrectly filed in this case. (dle)
January 11, 2010 Opinion or Order Filing 93 SEALED DOCUMENT placed in vault.(nm)
January 5, 2010 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 1/5/2010. Discovery disputes resolved-see transcript. Next Status Conference set for 2/8/2010 at 02:00 PM before Magistrate Judge Andrew J. Peck. (mro)
January 4, 2010 Opinion or Order Filing 92 TRANSCRIPT of proceedings held on 11/19/09 before Magistrate Judge Andrew J. Peck. (pl)
December 23, 2009 Opinion or Order Filing 91 STIPULATION AND ORDER: A testifying expert's draft reports, draft declarations, draft demonstratives, notes, outlines, and any other writings leading up to the testifying expert's final report(s), declaration(s), demonstrative(s) and related testimony are exempt from discovery. In addition, all communications with, and all materials generated or collected by, a testifying expert with respect to the testifying expert's work are exempt from discovery unless relied upon by the testifying expert in forming the testifying expert's opinions. Nothing herein shall permit a Party to shield any otherwise discoverable documents or things from discovery by forwarding them to a testifying expert or by having a testifying expert collect or obtain them. (Signed by Magistrate Judge Andrew J. Peck on 12/23/09) (ae)
December 18, 2009 Opinion or Order Filing 90 REPLY re: #87 Amended Answer to Complaints, Counterclaim. Document filed by Island Intellectual Property LLC, Lids Capital, LLC, Double Rock Corporation, Intrasweep LLC.. (Macedo, Charles)
December 18, 2009 Opinion or Order Filing 89 REPLY to Deutsche Bank Trust Company Americas' First Amended Counterclaims. Document filed by Island Intellectual Property LLC, Lids Capital, LLC, Double Rock Corporation, Intrasweep LLC.. (Macedo, Charles)
December 17, 2009 Opinion or Order Filing 88 LETTER addressed to Magistrate Judge Andrew J. Peck from Jeffrey A. Finn dated 12/15/09 re: Enclosed please find a courtesy copy of an Order issued by the Federal Circuit today scheduling an oral argument for January 12, 2010 concerning defendants' petition for a writ of mandamus relating to the above reference case. (mro)
December 4, 2009 Opinion or Order Filing 87 AMENDED ANSWER to #16 Amended Complaint,, with JURY DEMAND., COUNTERCLAIM against all plaintiffs. Document filed by Total Bank Solutions, LLC. (Kim, Olivia)
December 4, 2009 Opinion or Order Filing 86 AMENDED ANSWER to #16 Amended Complaint,, with JURY DEMAND., COUNTERCLAIM against all plaintiffs. Document filed by Deutsche Bank Trust Company Americas. (Kim, Olivia)
November 24, 2009 Opinion or Order Filing 85 STIPULATION AND ORDER that the schedule for the Claim Construction Discovery and Hearing in this matter shall be amended in accordance with Exhibit A of the Case Management Order. (Signed by Magistrate Judge Andrew J. Peck on 11/24/09) Copies faxed by chambers.(dle)
November 24, 2009 Opinion or Order Filing 84 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Charles Macedo dated 11/24/09 re: counsel for plaintiffs request that the Court approve the schedule to extend certain proposed interim dates set forth herein. ENDORSEMENT: Please provide courtesy copies of the filings already made, and hereafter to be made, to the Court of Appeals. Be aware that I do not plan to extend any ultimate deadlines because of this issue. (Signed by Magistrate Judge Andrew J. Peck on 11/24/09) Copies mailed by chambers. (dle) Modified on 11/25/2009 (dle).
November 24, 2009 Opinion or Order Set Deadlines/Hearings: Amended Pleadings due by 12/4/2009. Brief due by 3/25/2010. Discovery due by 9/28/2010. Joinder of Parties due by 12/4/2009. Responses to Brief due by 4/29/2010 (dle)
November 20, 2009 Opinion or Order Filing 83 ENDORSED LETTER addressed to Judge Victor Marrero from Charles R. Macedo dated 11/20/09 re: counsel for plaintiffs respectfully request the Court deny Defendants' request for further interim relief, and allow this case to proceed without these unnecessary and obstructive burdens. Should the Court be willing to consider-in-fullDefendants' requested relief, Plaintiffs request the opportunity to fully brief this issue. ENDORSEMENT: The Clerk of Court is directed to enter the letter above from plaintiffs in the public record of this action. (Signed by Judge Victor Marrero on 11/20/09) (pl)
November 20, 2009 Opinion or Order Filing 82 ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey A. Finn dated 11/20/09 re: Because Magistrate Judge Peck ordered that the November 18, 2009 Order would be come effective and the Interim Protective Order would be lifted after 5p.m. on Wednesday, November 25, 2009 regardless of whether Defendants file an emergency motion to on stay, Defendants request that the Court grant Defendants' requested relief immediately. ENDORSEMENT: Request granted in part. The Court's Order dated 11/18/09 granting the Opinion of Magistrate Judge Peck 9/29/098 Order is stayed until 11/30/09 at 5:00 p.m. to allow defendants to seek an emergency stay from the Court of Appeals. (Signed by Judge Victor Marrero on 11/20/09) (djc)
November 20, 2009 Opinion or Order Filing 81 OPPOSITION BRIEF re: #80 EMERGENCY MOTION to Stay November 18, 2009 Order Pending Their Petition for a Writ of Mandamus in the Federal Circuit.. Document filed by Island Intellectual Property LLC, Lids Capital, LLC, Double Rock Corporation, Intrasweep LLC..(Macedo, Charles)
November 20, 2009 Opinion or Order Filing 80 EMERGENCY MOTION to Stay November 18, 2009 Order Pending Their Petition for a Writ of Mandamus in the Federal Circuit. Document filed by Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC.(Kim, Olivia)
November 19, 2009 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 11/19/2009. Next Status Conference set for 1/5/2010 at 11:30 AM before Magistrate Judge Andrew J. Peck. (mro)
November 19, 2009 Opinion or Order Filing 79 STIPULATION AND ORDER OF DISMISSAL OF DEUTSCHE BANK AG WITHOUT PREJUDICE: IT IS HEREBY STIPULATED AND AGREED THAT: (1) Pursuant to Rule 41(a)(1 )(A)(ii) of the Federal Rules of Civil Procedure, Deutsche Bank AG is hereby dismissed on consent and without prejudice from the above action; (2) Plaintiffs and Defendant Deutsche Bank AG will each bear their own fees and costs in this action with respect to the cause of actions asserted by and against Deutsche Bank AG; and (3) Deutsche Bank AG shall be removed from the case caption. (Signed by Magistrate Judge Andrew J. Peck on 11/19/2009) (jfe) Modified on 12/22/2009 (jfe).
November 18, 2009 Opinion or Order Filing 78 DECISION AND ORDER: For the reasons discussed above, it is hereby ORDERED that the Opinion and Order of Magistrate Judge Andrew Peck, dated September 23, 2009 (Docket No. 09 Civ. 2675), is adopted in its entirety, and the objections (Docket Nos. 63 and 75) of defendants Deutsche Bank AG, Deutsch Bank Trust Company Americas, and Total Bank Solutions LLC to the Magistrate Judge's denial of a patent prosecution bar against Charles Macedo are DENIED. (Signed by Judge Victor Marrero on 11/18/2009) (jpo)
November 10, 2009 Opinion or Order Filing 77 NOTICE OF APPEARANCE by Richard Scott Mandaro on behalf of Island Intellectual Property LLC, Lids Capital, LLC, Intrasweep LLC., Double Rock Corporation (Mandaro, Richard)
November 6, 2009 Opinion or Order Filing 76 AFFIDAVIT of Olivia M. Kim in Support re: #63 Objection (non-motion), Objection (non-motion), #75 Reply,. Document filed by Deutsche Bank AG, Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6)(Kim, Olivia)
November 6, 2009 Opinion or Order Filing 75 REPLY re: #63 Objection (non-motion), Objection (non-motion) DEFENDANTS' OBJECTIONS TO MAGISTRATE JUDGE PECK'S SEPTEMBER 23, 2009 ORDER. Document filed by Deutsche Bank AG, Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Attachments: #1 [Proposed] Amended Protective Order)(Kim, Olivia)
October 29, 2009 Opinion or Order Filing 73 STIPULATION AND ORDER OF DISMISSAL AND AGREED by and between the undersigned counsel for Island Intellectual Property LLC, LIDS Capital LLC, Double Rock Corporation and Intrasweep LLC (collectively, the "Island Parties"), and counsel for Promontory Interfinancial Network, LLC and MBSC Securities Corporation (collectively, the "Promontory Defendants"), that all claims asserted by the Island Parties against the Promontory Defendants, and all counterclaims asserted by the Promontory Defendants against the Island Parties, are dismissed with prejudice. The Island Parties and the Promontory Defendants will each bear their own fees and costs in this action with respect to the claims asserted by the Island Parties against the Promontory Defendants and the counterclaims asserted by the Promontory Defendants against the Island Patties. The clerk is hereby directed that Promontory Interfinancial Network, LLC and MBSC Securities Corporation shall be removed from the case caption henceforth. (Signed by Judge Victor Marrero on 10/28/2009) (jmi)
October 28, 2009 Opinion or Order Filing 74 TRANSCRIPT of proceedings held on 10/21/09 before Magistrate Judge Andrew J. Peck. (ldi)
October 27, 2009 Opinion or Order Filing 72 INTERIM PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Magistrate Judge Andrew J. Peck on 10/27/09) Copies Faxed by Chambers.(db) Modified on 10/28/2009 (db).
October 23, 2009 Opinion or Order Filing 71 RESPONSE re: #63 Objection (non-motion), Objection (non-motion) Island Plaintiffs' Opposition to Defendants' Objections to Mag. J. Peck's Denial of Their Motion For Reconsideration. Document filed by Island Intellectual Property LLC, Lids Capital, LLC, Intrasweep LLC., Double Rock Corporation. (Attachments: #1 Exhibit A-C, #2 Exhibit D-F, #3 Exhibit G-J)(Macedo, Charles)
October 22, 2009 Opinion or Order Filing 70 STIPULATION AND ORDER: The schedule for the Claim Construction Discovery and Hearing in the above-captioned matter shall be amended in accordance with Exhibit A of the Case Management Order, as attached hereto. (Amended Pleadings due by 12/4/2009. All Fact Discovery due 6/25/09. All Expert Discovery due by 9/28/2010. Joinder of Parties due by 12/4/2009.) (Signed by Magistrate Judge Andrew J. Peck on 10/21/09) Copies Faxed by Chambers.(db)
October 22, 2009 Opinion or Order Filing 69 ENDORSED LETTER: addressed to Judge Victor Marrero from Jeffery Finn dated 10/21/09 re: Defendants request reconsideration regarding the protective order. Counsel has submitted to orders and appeals a revised case schedule for entry by Magistrate Judge Peck addressing the initial discovery deadlines and have copied you on our correspondence to Magistrate Judge Peck in that regard. With Your Honor's consent, the parties have also agreed to a new briefing schedule with regard to Defendants Objections as follows: Friday October 23, 2009 due date for Plaintiffs' Opposition to defendants' Objections. Friday, November 6, 2009 due date for defendants' Reply to Plaintiffs' Opposition to Defendants' Objections. ENDORSEMENT: Request Granted. The briefing schedule with regard to the defendants objections to the Magistrate Judges order herein is approved as set forth herein objection papers submitted by response 10/23/09. reply 11/6/09. Replies due by 11/6/2009. Responses due by 10/23/2009) (Signed by Judge Victor Marrero on 10/21/09) (js)
October 21, 2009 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 10/21/2009. Procedures for interim patent prosecution bar on Mr. Macedo, while defs' objections are pending before VM, agreed upon and order by AJP. Next Status Conference set for 11/19/2009 at 03:00 PM before Magistrate Judge Andrew J. Peck. (tro)
October 19, 2009 Opinion or Order Filing 68 STIPULATED DISMISSAL OF COUNTS I-III OF DEFENDANT PROMONTORY INTERFINANCIAL NETWORK, LLC'S COUNTERCLAIM WITH PREJUDICE: Pursuant to Rule 41(a)(1)(A)(ii) of the F.R.C.P., Promontory dismisses Counts I-III of its Counterclaim in the above action with prejudice. Promontory and the Island Parties will each bear their own fees and costs in this action with respect to Court I-III of Promontory's Counterclaim against the Island Parties. (Signed by Judge Victor Marrero on 10/19/09) (tro)
October 16, 2009 Opinion or Order Filing 67 ENDORSED LETTER addressed to Magistrates Judge Andrew J. Peck from Charles R. Macedo dated 10/16/2009 re: Counsel writes this letter to Your Honor to clarify various issues that have arisen regarding Defendants' request for Interim Relief and Your Honor's ruling and statements on this subject in the telephone conference held on 10/13/09. ENDORSEMENT: It is acceptable to push back briefing on claim construction w/o extending the discovery cutoff. The Court agrees that not all attys eyes only docs relate to the patent prosecution bar - there really needs to be a 3rd category created. Remember that if you all can't reach some agreement, it is possible that Judge Marrero will not grant interim relief. That is why you all need to work together in good faith. We will discuss this further at the conf. So Ordered. (Signed by Magistrate Judge Andrew J. Peck on 10/16/2009) Copies Faxed By Chambers.(jfe) Modified on 10/20/2009 (jfe).
October 13, 2009 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 10/13/2009. (dle)
October 8, 2009 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 10/8/2009. Parties to meet and confer re:interim relief revisions to discovery schedule and notify the Court of any agreement by Tuesday 10/12/09. (mro)
October 5, 2009 Opinion or Order Filing 66 AFFIDAVIT of Olivia M. Kim re: #63 Objection (non-motion), Objection (non-motion) Defendants' Objections to Magistrate Judge Peck's September 23, 2009 Order and Request for Emergency Relief. Document filed by Promontory Interfinancial Network, LLC, MBSC Securities Corporation, Deutsche Bank AG, Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kim, Olivia)
October 5, 2009 Opinion or Order Filing 65 AFFIDAVIT of Robert Hyland re: #63 Objection (non-motion), Objection (non-motion) Defendants' Objections to Magistrate Judge Peck's September 23, 2009 Order and Request for Emergency Relief. Document filed by Promontory Interfinancial Network, LLC, MBSC Securities Corporation, Deutsche Bank AG, Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kim, Olivia)
October 5, 2009 Opinion or Order Filing 64 AFFIDAVIT of Thomas F. Smegal, Jr. re: #63 Objection (non-motion), Objection (non-motion) Defendants' Objections to Magistrate Judge Peck's September 23, 2009 Order and Request for Emergency Relief. Document filed by Promontory Interfinancial Network, LLC, MBSC Securities Corporation, Deutsche Bank AG, Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Attachments: #1 Exhibit A)(Kim, Olivia)
October 5, 2009 Opinion or Order Filing 63 Objection DEFENDANTS' OBJECTIONS TO MAGISTRATE JUDGE PECK'S SEPTEMBER 23, 2009 ORDER AND REQUEST FOR EMERGENCY RELIEF. Document filed by Promontory Interfinancial Network, LLC, MBSC Securities Corporation, Deutsche Bank AG, Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Kim, Olivia)
October 5, 2009 Opinion or Order Filing 62 MOTION TO ADMIT COUNSEL PRO HAC VICE: ORDER granting #61 Motion for Andrew Sterling to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 10/5/2009) (jar)
October 1, 2009 Opinion or Order CASHIERS OFFICE REMARK on #61 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/28/2009, Receipt Number 701635. (jd)
September 28, 2009 Opinion or Order Filing 61 MOTION for Andrew Sterling to Appear Pro Hac Vice. Document filed by Island Intellectual Property LLC, Lids Capital, LLC, Intrasweep LLC., Double Rock Corporation.(mro)
September 28, 2009 Opinion or Order Filing 60 ORDER GRANTING MOTION TO WITHDRAW APPEARANCE OF ASHEESH P.PURl, that the appearance of Asheesh P. Puri for Defendants Deutsche Bank AG, Deutsche Bank Trust Company Americas, and Total Bank Solutions, LLC in this case be withdrawn. (Signed by Judge Victor Marrero on 9/28/09) (pl)
September 24, 2009 Opinion or Order Filing 59 MOTION to Withdraw Appearance of Asheesh P. Puri. Document filed by Deutsche Bank AG, Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Attachments: #1 Text of Proposed Order)(Kim, Olivia)
September 23, 2009 Opinion or Order Filing 58 OPINION AND ORDER:#98066 Other than by implicitly arguing for a per se rule preventing lead trial counsel Mr. Macedo from also engaging in patent prosecution, defendants have not made a sufficient factual showing as to why Mr. Macedo should be subject to a patent prosecution bar. Particularly here, where the attorney at issue is the lead trial counsel for the adversary, the Court will not impose a patent prosecution bar on him on this record. The Court adheres to its prior decision (see Dkt. No. 46) and denies defendants' Motion for Reconsideration (Dkt. No. 47). (Signed by Magistrate Judge Andrew J. Peck on 9/23/2009) Copies Faxed By Chambers.(jfe) Modified on 9/25/2009 (jab).
September 18, 2009 Opinion or Order Filing 57 STIPULATION AND ORDER that the schedule for the Claim Construction Discovery and Hearing matter shall be amended in accordance with Exhibit A of the Case Management Order, as attached hereto. (Signed by Magistrate Judge Andrew J. Peck on 9/18/09) Copies sent by chambers.(cd)
September 16, 2009 Opinion or Order Filing 56 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Anthony J. Diana dated 9/4/2009 re: The parties jointly submit this discovery status report with reference to the above-captioned consolidated action pursuant to this Court's ruling during the August 19, 2009 conference. ENDORSEMENT: Approved. So Ordered. (Signed by Magistrate Judge Andrew J. Peck on 9/16/2009) Copies Mailed By Chambers.(jfe)
September 14, 2009 Opinion or Order Filing 55 STIPULATION AND ORDER AND AGREED by and between the undersigned counsel for Island Intellectual Property LLC, LIDS Capital LLC, Double Rock Corporation and Intrasweep LLC (collectively, "Plaintiffs"), and counsel for Promontory Interfinancial Network, LLC, MBSC Securities Corporation, Deutsche Bank AG, Deutsche Bank Trust Company Americas and Total Bank Solutions, LLC (collectively, "Defendants"), that Defendants shall have until September 11, 2009 to file and serve upon Plaintiffs their Reply Memorandum of Law in Support of Their Motion for Reconsideration. SO ORDERED (Signed by Magistrate Judge Andrew J. Peck on 9/14/2009) Copies Faxed By Chambers.(jmi)
September 11, 2009 Opinion or Order Filing 54 REPLY MEMORANDUM OF LAW in Support re: #47 MOTION for Reconsideration.. Document filed by Promontory Interfinancial Network, LLC, MBSC Securities Corporation, Deutsche Bank AG, Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Gilbert, Robert)
September 11, 2009 Opinion or Order Filing 53 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - SEE DOC.#54 - REPLY MEMORANDUM OF LAW in Support re: #47 MOTION for Reconsideration.. Document filed by Promontory Interfinancial Network, LLC, MBSC Securities Corporation, Deutsche Bank AG, Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC. (Gilbert, Robert) Modified on 9/14/2009 (kco).
September 9, 2009 Opinion or Order Filing 52 MEMORANDUM OF LAW in Opposition re: #47 MOTION for Reconsideration.. Document filed by Island Intellectual Property LLC, Lids Capital, LLC, Double Rock Corporation, Intrasweep LLC.. (Macedo, Charles)
September 9, 2009 Opinion or Order Filing 51 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting Brandon Baum to Appear Pro Hac Vice in this matter. (Signed by Judge Victor Marrero on 9/8/2009) (jfe)
September 9, 2009 Opinion or Order Filing 50 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting #45 Motion for Edward G. Poplawski to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 9/8/2009) (jfe)
September 9, 2009 Opinion or Order Filing 49 NOTICE OF APPEARANCE by Norajean McCaffrey on behalf of Island Intellectual Property LLC, Lids Capital, LLC, Double Rock Corporation, Intrasweep LLC. (McCaffrey, Norajean)
September 9, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: #51 Order Admitting Attorney Pro Hac Vice, #50 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jfe)
September 2, 2009 Opinion or Order Filing 48 MEMORANDUM OF LAW in Support re: #47 MOTION for Reconsideration.. Document filed by Promontory Interfinancial Network, LLC. (Gilbert, Robert)
September 2, 2009 Opinion or Order Filing 47 MOTION for Reconsideration. Document filed by Promontory Interfinancial Network, LLC.(Gilbert, Robert)
August 27, 2009 Opinion or Order Filing 46 TRANSCRIPT of proceedings held on 8/19/09 before Magistrate Judge Andrew J. Peck. (ldi)
August 27, 2009 Opinion or Order CASHIERS OFFICE REMARK on #45 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 08/21/2009, Receipt Number 697949. (jd)
August 21, 2009 Opinion or Order Filing 45 MOTION for Edward G. Poplawski to Appear Pro Hac Vice. Document filed by Deutsche Bank AG, Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC.(dle)
August 21, 2009 Opinion or Order Filing 44 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material....ENDORSEMENT: Sealed records which have been filed with the Clerk shall be removed by the party submitting them (1) within ninety (90) days after a final decision is rendered if no appeal is taken, or (2) if an appeal is taken, within thirty (30) days after final disposition of the appeal. Parties failing to comply with this order shall be notified by the Clerk that, should they fail to remove the sealed records within thirty (30) days, the Clerk may dispose of them. (Signed by Magistrate Judge Andrew J. Peck on 8/21/09) copies faxed and ECF by chambers.(pl)
August 21, 2009 Opinion or Order Filing 43 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: this case is to be tried to a jury, Joinder of additional parties to be accomplished by 12/4/2009. Amended pleadings may be filed without leave of the Court until 12/4/2009. All Fact Discovery is to be completed within a period exceeding 120 days, with the Court's approval, if the case presents unique complexities or other exceptional circumstances, specifically by not later than 6/25/2010. Depositions to be completed by 6/25/10. Next Case Management Conference is scheduled 10/15/2009 at 02:00 PM before Magistrate Judge Andrew J. Peck. Additional relief as set forth in this Order. (Signed by Magistrate Judge Andrew J. Peck on 6/20/09) copies faxed and ECF by chambers.(pl)
August 21, 2009 Opinion or Order Set/Reset Deadlines: Deposition due by 6/25/2009. (pl)
August 19, 2009 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Rule 16 Initial Conference held on 8/19/2009. Parties will try to resolve 231- claim. Magistrate Judge Peck will oversee discovery and resolve any discovery disputes. (mro) Modified on 8/26/2009 (mro).
August 19, 2009 Opinion or Order Filing 42 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Andrew J. Peck. (Signed by Judge Victor Marrero on 8/18/2009) (jfe)
August 18, 2009 Opinion or Order CASHIERS OFFICE REMARK on #40 Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 08/14/2009, Receipt Number 697336. (jd)
August 17, 2009 Opinion or Order Filing 40 ORDER ADMITTING ATTORNEY Brandon Baum PRO HAC VICE for Defendants Promontory and MBSC Securities. (Signed by Judge Victor Marrero on 8/14/09) (cd)
August 17, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: #40 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
August 14, 2009 Opinion or Order Filing 41 MOTION for Brandon Baum to Appear Pro Hac Vice. Document filed by MBSC Securities Corporation, Promontory Interfinancial Network, LLC.(mro)
July 21, 2009 Opinion or Order Filing 39 ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey A. Finn dated 7/21/09 re: with the consent of all parties they request that the Court change the date of the Initial Conference. ENDORSEMENT: Request granted. Initial Conference set for 8/19/2009 at 02:00 PM before Judge Victor Marrero. (Signed by Judge Victor Marrero on 7/21/09) (sac)
July 14, 2009 Opinion or Order Filing 38 NOTICE OF INITIAL CONFERENCE, that counsel for all parties are directed to appear before the Honorable Victor Marrero for an initial case management conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure on August 6, 2009 at 10:15 a.m. in Courtroom 20B at the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Victor Marrero on 7/14/09) (pl)
July 9, 2009 Opinion or Order Filing 37 REPLY re: #24 Answer to Amended Complaint . The Island Plaintiffs' Reply To Defendant Total Bank Solutions, LLC's Counterclaims. Document filed by Island Intellectual Property LLC, Lids Capital, LLC, Double Rock Corporation, Intrasweep LLC.. (Macedo, Charles)
July 9, 2009 Opinion or Order Filing 36 REPLY re: #22 Answer to Amended Complaint . The Island Plaintiffs Reply To Defendant Deutsche Bank Trust Company Americas Counterclaims. Document filed by Island Intellectual Property LLC, Lids Capital, LLC, Double Rock Corporation, Intrasweep LLC.. (Macedo, Charles)
July 9, 2009 Opinion or Order Filing 35 ANSWER to Counterclaim. Document filed by Island Intellectual Property LLC, Lids Capital, LLC, Double Rock Corporation, Intrasweep LLC..(Macedo, Charles)
July 9, 2009 Opinion or Order Filing 34 ANSWER to Counterclaim. Document filed by Island Intellectual Property LLC, Lids Capital, LLC, Double Rock Corporation, Intrasweep LLC..(Macedo, Charles)
July 1, 2009 Opinion or Order Filing 33 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #30 Motion for Michael C. Lee to Appear Pro Hac Vice. Michael C. Lee is admitted to practice as counsel for Deutsche Bank AG, Deutsche Bank Trust Company Americas, and Total Bank Solutions, LLC in this action. (Signed by Judge Victor Marrero on 7/1/09) (tro)
July 1, 2009 Opinion or Order Filing 32 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #29 Motion for Olivia M. Kim to Appear Pro Hac Vice. Olivia M. Kim is admitted to practice as counsel for Deutsche Bank AG, Deutsche Bank Trust Company Americas, and Total Bank Solutions, LLC in this action.(Signed by Judge Victor Marrero on 7/1/09) (tro)
July 1, 2009 Opinion or Order Filing 31 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #28 Motion for Jeffrey A. Finn to Appear Pro Hac Vice. Jeffrey A. Finn is admitted to practice as counsel for Deutsche Bank AG, Deutsche Bank Trust Company Americas, and Total Bank Solutions, LLC in this action. (Signed by Judge Victor Marrero on 7/1/09) (tro)
July 1, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: #33 Order on Motion to Appear Pro Hac Vice, #32 Order on Motion to Appear Pro Hac Vice, #31 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tro)
July 1, 2009 Opinion or Order CASHIERS OFFICE REMARK on #30 Motion to Appear Pro Hac Vice, #29 Motion to Appear Pro Hac Vice, #28 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 06/26/2009, Receipt Number 692807. (jd)
June 26, 2009 Opinion or Order Filing 30 MOTION for Michael C. Lee to Appear Pro Hac Vice. Document filed by Deutsche Bank AG, Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC.(dle)
June 26, 2009 Opinion or Order Filing 29 MOTION for Olivia Kim to Appear Pro Hac Vice. Document filed by Deutsche Bank AG, Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC.(dle)
June 26, 2009 Opinion or Order Filing 28 MOTION for Jeffrey A. Finn to Appear Pro Hac Vice. Document filed by Deutsche Bank AG, Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC.(dle)
June 25, 2009 Opinion or Order Filing 27 ANSWER to Amended Complaint., COUNTERCLAIM against all plaintiffs. Document filed by Promontory Interfinancial Network, LLC. Related document: #16 Amended Complaint,, filed by Intrasweep LLC., Double Rock Corporation, Lids Capital, LLC, Island Intellectual Property LLC. (Attachments: #1 Answer - Part 2)(Diana, Anthony)
June 25, 2009 Opinion or Order Filing 26 ANSWER to Amended Complaint., COUNTERCLAIM against all plaintiffs. Document filed by MBSC Securities Corporation. Related document: #16 Amended Complaint,, filed by Intrasweep LLC., Double Rock Corporation, Lids Capital, LLC, Island Intellectual Property LLC.(Diana, Anthony)
June 25, 2009 Opinion or Order Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Dreyfus Corporation, and Bank of New York Mellon Corporation as Corporate Parents. Document filed by MBSC Securities Corporation.Associated Cases: 1:09-cv-02675-VM et al.(Diana, Anthony) Modified on 6/26/2009 (mbe).
June 25, 2009 Opinion or Order Filing 24 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Total Bank Solutions, LLC.(Puri, Asheesh)
June 25, 2009 Opinion or Order Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Total Bank Solutions, LLC.(Puri, Asheesh)
June 25, 2009 Opinion or Order Filing 22 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Deutsche Bank Trust Company Americas.(Puri, Asheesh)
June 25, 2009 Opinion or Order Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Deutche Bank AG as Corporate Parent. Document filed by Deutsche Bank Trust Company Americas.(Puri, Asheesh)
June 25, 2009 Opinion or Order Filing 20 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Deutsche Bank AG.(Puri, Asheesh)
June 25, 2009 Opinion or Order Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Deutsche Bank AG.(Puri, Asheesh)
June 15, 2009 Opinion or Order Filing 18 ORDER that the Clerk of Court is directed to consolidate the four cases captioned above for all purposes; and it is further ORDERED that all filings in connection with the consolidated action be docketed against the remaining lower number case, 09 Civ. 2675; and it is finally ORDERED that the Clerk of Court close the referenced higher numbered cases, 09 Civ. 5197, 09 Civ. 5198 and 09 Civ. 5199, as separate actions and remove them and any pending motions from the Court's database. SO ORDERED. (Signed by Judge Victor Marrero on 6/15/2009) Filed In Associated Cases: 1:09-cv-02675-VM et al.(jmi)
June 15, 2009 Opinion or Order Filing 17 AFFIDAVIT OF SERVICE of Consolidated First Amended Complaint served on ALL DEFENDANTS on 06/11/2009. Service was made by E-MAIL. Document filed by Island Intellectual Property LLC, Lids Capital, LLC, Intrasweep LLC., Double Rock Corporation. (Macedo, Charles)
June 11, 2009 Opinion or Order Filing 16 CONSOLIDATED FIRST AMENDED COMPLAINT amending #1 Complaint against Promontory Interfinancial Network, LLC, MBSC Securities Corporation, Deutsche Bank AG, Deutsche Bank Trust Company Americas, Total Bank Solutions, LLC.Document filed by Island Intellectual Property LLC, Lids Capital, LLC, Intrasweep LLC., Double Rock Corporation. Related document: #1 Complaint filed by Double Rock Corporation, Lids Capital, LLC, Island Intellectual Property LLC.(dle) (Additional attachment(s) added on 6/23/2009: #1 exhibit 1, #2 exhibit 2) (ama).
May 29, 2009 Opinion or Order Filing 15 ENDORSED LETTER addressed to Judge Victor Marrero from Charles R. Macedo dated 5/29/2009 re: Requesting that the Island Parties will submit a consolidated amended complaint which will include all asserted claims against the defendants by June11, 2009; The defendants will submit their respective answers, affirmative defenses and any counterclaims by June 25, 2009; The Island Parties will submit their responsive pleadings to the defendants' filings by July 9, 2009. ENDORSEMENT: SO ORDERED. (Signed by Judge Victor Marrero on 5/29/2009) (jpo)
May 29, 2009 Opinion or Order Filing 14 ORDER: It is hereby ordered that the Clerk of Court is directed to consolidate the two cases captioned above for all pretrial purposes; and it is further ordered that all filings in connection with the consolidated action be docketed against the remaining lower number case, 09-cv-2675; and it is finally ordered that the Clerk of Court close the referenced higher numbered case, 09-cv-4673, as a separate action and remove it and any pending motion from the Court's database. (Signed by Judge Victor Marrero on 5/29/2009) Filed In Associated Cases: 1:09-cv-02675-VM, 1:09-cv-04673-VM(jpo)
May 4, 2009 Opinion or Order Filing 13 STIPULATION AND ORDER, by and between the undersigned Defendants counsel for defendants Deutsche Bank AG, Deutsche Bank Trust Company Americas and Total Bank Solutions, LLC (hereinafter Defendants"), and counsel for Plaintiffs Island Intellectual Property LLC, LIDs Capital, LLC, Double Rock Corporation and Intrasweep LLC (hereinafter "Plaintiffs") that the time for Defendants to answer or move against Plaintiffs' Complaints is extended to and including June 5, 2009. Deutsche Bank AG answer due 6/5/2009; Deutsche Bank Trust Company Americas answer due 6/5/2009; Total Bank Solutions, LLC answer due 6/5/2009; Deutsche Bank Trust Company Americas answer due 6/5/2009. (Signed by Judge Victor Marrero on 5/1/2009) Filed In Associated Cases: 1:09-cv-02675-VM, 1:09-cv-02677-VM, 1:09-cv-03750-VM(jmi)
April 30, 2009 Opinion or Order Filing 12 ORDER: Accordingly, it is hereby ordered that the Clerk of Court is directed to consolidate the two cases captioned above for all purposes; and it is further ordered that all filings in connection with the consolidated action be docketed against the remaining lower number case, 09 Civ. 2675; and its finally ordered that the Clerk of Court close the referenced higher numbered case, 09 Civ. 3750, as a separate action and remove it from the Court's database of open cases. So Ordered (Signed by Judge Victor Marrero on 4/30/09) Filed In Associated Cases: 1:09-cv-02675-VM, 1:09-cv-03750-VM(js)
April 23, 2009 Opinion or Order Filing 11 STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that the time for defendant Promontory Interfinancial Network LLC, to answer or move against plaintiffs' complaint is extended to and including June 9, 2009. (Signed by Judge Victor Marrero on 4/23/2009) (jpo)
April 23, 2009 Opinion or Order Filing 10 STIPULATION AND ORDER; MBSC Securities Corporation answer due 6/2/2009. (Signed by Judge Victor Marrero on 4/23/09) (sac)
April 21, 2009 Opinion or Order Filing 9 AFFIDAVIT OF SERVICE. Total Bank Solutions, LLC served on 4/15/2009, answer due 5/5/2009. Service was accepted by Melanie Yannuzzi. Document filed by Island Intellectual Property LLC; Lids Capital, LLC; Double Rock Corporation. (Macedo, Charles)
April 21, 2009 Opinion or Order Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. MBSC Securities Corporation served on 4/14/2009, answer due 5/4/2009. Service was accepted by Janette Farragher. Document filed by Island Intellectual Property LLC; Lids Capital, LLC; Double Rock Corporation. (Macedo, Charles)
April 21, 2009 Opinion or Order Filing 7 AFFIDAVIT OF SERVICE. Service was accepted by Ms. Flores at CT Corporation on behalf of Deutsche Bank Trust Company Americas. Document filed by Island Intellectual Property LLC, Lids Capital, LLC, Double Rock Corporation. (Macedo, Charles)
April 15, 2009 Opinion or Order Filing 6 AFFIDAVIT OF SERVICE. Deutsche Bank Trust Company Americas served on 4/14/2009, answer due 5/4/2009. Service was accepted by Norma Jean Clark. Document filed by Island Intellectual Property LLC; Lids Capital, LLC; Double Rock Corporation. (Macedo, Charles)
April 15, 2009 Opinion or Order Filing 5 AFFIDAVIT OF SERVICE. Deutsche Bank AG served on 4/14/2009, answer due 5/4/2009. Service was accepted by Norma Jean Clark. Document filed by Island Intellectual Property LLC; Lids Capital, LLC; Double Rock Corporation. (Macedo, Charles)
April 13, 2009 Opinion or Order Filing 4 WAIVER OF SERVICE RETURNED EXECUTED. Promontory Interfinancial Network, LLC waiver sent on 4/3/2009, answer due 6/2/2009. Document filed by Island Intellectual Property LLC; Lids Capital, LLC; Double Rock Corporation. (Macedo, Charles)
April 2, 2009 Opinion or Order Filing 3 ORDER: It is hereby ordered that the Clerk of the Court is directed to consolidate the two cases captioned above for all purposes; and it is further ordered that all filings in connection with the consolidated action be docketed against the remaining lower number case, 09-cv-2675; and its finally ordered that the Clerk of Court close the referenced higher numbered case, 09-cv-2677, as a separate action and remove it from the Court's database of open cases. (Signed by Judge Victor Marrero on 4/2/2009) Filed In Associated Cases: 1:09-cv-02675-VM, 1:09-cv-02677-UA(jpo)
March 24, 2009 Opinion or Order Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Double Rock Corporation as Corporate Parent. Document filed by Island Intellectual Property LLC, Lids Capital, LLC.(rdz)
March 24, 2009 Opinion or Order Filing 1 COMPLAINT against Promontory Interfinancial Network, LLC, MBSC Securities Corporation. (Filing Fee $ 350.00, Receipt Number 682332)Document filed by Island Intellectual Property LLC, Lids Capital, LLC, Double Rock Corporation.(rdz)
March 24, 2009 Opinion or Order SUMMONS ISSUED as to Promontory Interfinancial Network, LLC, MBSC Securities Corporation. (rdz)
March 24, 2009 Opinion or Order Magistrate Judge Andrew J. Peck is so designated. (rdz)
March 24, 2009 Opinion or Order Case Designated ECF. (rdz)
March 24, 2009 Opinion or Order Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (rdz)

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 New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Island Intellectual Property LLC et al v. Promontory Interfinancial Network, LLC et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Special master: Don W. Martens
Represented By: Don W. Martens
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Island Intellectual Property LLC
Represented By: Anthony F. Lo Cicero
Represented By: Benjamin Charkow
Represented By: Charles Robert Macedo
Represented By: Jessica Ann Capasso
Represented By: Glenn E. Forbis
Represented By: Norajean McCaffrey
Represented By: Ralph Terrance Rader
Represented By: Andrew Sterling
Represented By: Marc Jonathan Jason
Represented By: Richard Scott Mandaro
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Lids Capital, LLC
Represented By: Benjamin Charkow
Represented By: Charles Robert Macedo
Represented By: Ralph Terrance Rader
Represented By: Anthony F. Lo Cicero
Represented By: Richard Scott Mandaro
Represented By: Andrew Sterling
Represented By: Jessica Ann Capasso
Represented By: Glenn E. Forbis
Represented By: Norajean McCaffrey
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Double Rock Corporation
Represented By: Benjamin Charkow
Represented By: Anthony F. Lo Cicero
Represented By: Ralph Terrance Rader
Represented By: Andrew Sterling
Represented By: Glenn E. Forbis
Represented By: Norajean McCaffrey
Represented By: Jessica Ann Capasso
Represented By: Charles Robert Macedo
Represented By: Richard Scott Mandaro
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Consolidated plaintiff: Intrasweep LLC.
Represented By: Andrew Sterling
Represented By: Benjamin Charkow
Represented By: Charles Robert Macedo
Represented By: Glenn E. Forbis
Represented By: Jessica Ann Capasso
Represented By: Ralph Terrance Rader
Represented By: Norajean McCaffrey
Represented By: Richard Scott Mandaro
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter claimant: Promontory Interfinancial Network, LLC
Represented By: Brandon Baum
Represented By: Anthony J. Diana
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: MBSC Securities Corporation
Represented By: Anthony J. Diana
Represented By: Brandon Baum
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Consolidated defendant: Deutsche Bank AG
Represented By: Asheesh Paul Puri
Represented By: Olivia M. Kim
Represented By: Jeffrey A. Finn
Represented By: Michael Christopher Lee
Represented By: Edward Gerard Poplawski
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Consolidated defendant: Deutsche Bank Trust Company Americas
Represented By: Bryan K Anderson
Represented By: Edward Gerard Poplawski
Represented By: Marcus Alexander Cordova
Represented By: Asheesh Paul Puri
Represented By: Matthew S Jorgenson
Represented By: Jeffrey A. Finn
Represented By: Michael Christopher Lee
Represented By: Sandra S. Fujiyama
Represented By: Timothy P. Best
Represented By: Linda Hye Eun Cho
Represented By: Olivia M. Kim
Represented By: Spencer W. Ririe
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Consolidated defendant: Total Bank Solutions, LLC
Represented By: Asheesh Paul Puri
Represented By: Jeffrey A. Finn
Represented By: Edward Gerard Poplawski
Represented By: Linda Hye Eun Cho
Represented By: Bryan K Anderson
Represented By: Marcus Alexander Cordova
Represented By: Matthew S Jorgenson
Represented By: Michael Christopher Lee
Represented By: Olivia M. Kim
Represented By: Sandra S. Fujiyama
Represented By: Spencer W. Ririe
Represented By: Timothy P. Best
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Consolidated defendant: First Southwest Company
Represented By: Matthew S Jorgenson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.

Why Is My Information Online?