StoneCastle Cash Management LLC v. Island Intellectual Property LLC
| StoneCastle Cash Management LLC |
| Island Intellectual Property LLC |
| 1:2020cv07868 |
| September 23, 2020 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Patent |
| 28 U.S.C. § 2201 dj |
| Plaintiff |
Docket Report
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Filing 27
ORDER: granting #26 Letter Motion for Extension of Time to File Response/Reply re #26 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #24 MOTION to Dismiss. addressed to Judge Jesse M. Furman from Kate Dominguez dated November 17, 2020. Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by December 22, 2020. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that it relies on the previously filed motion to dismiss. If Defendant files an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Defendant files a new motion to dismiss, any opposition shall be filed within fourteen days, and any reply shall be filed within seven days of any opposition. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by December 22, 2020. Defendant's reply, if any, shall be filed by January 5, 2021. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for January 7, 2021 is adjourned sine die. The Clerk of Court is directed to terminate ECF No. 26. SO ORDERED. Responses due by 12/22/2020 Replies due by 1/5/2021. (Signed by Judge Jesse M. Furman on 11/17/2020) (ama)
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| Filing 26 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #24 MOTION to Dismiss . addressed to Judge Jesse M. Furman from Kate Dominguez dated November 17, 2020. Document filed by StoneCastle Cash Management LLC..(Dominguez, Katherine) |
| Set/Reset Deadlines: Amended Pleadings due by 12/22/2020. (ama) |
| Filing 25 DECLARATION of Bruce R. Bent II in Support re: #24 MOTION to Dismiss .. Document filed by Island Intellectual Property LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Dellaportas, John) |
| Filing 24 MOTION to Dismiss . Document filed by Island Intellectual Property LLC..(Dellaportas, John) |
| Filing 23 NOTICE of Motion. Document filed by Island Intellectual Property LLC..(Dellaportas, John) |
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Filing 22
ORDER: The Assignment Committee has decided to reassign this case to the undersigned. For avoidance of doubt, the initial pretrial conference scheduled for January 7, 2021 as described the Court's Order of September 24, 2020, ECF No. 12, is REINSTATED. (Signed by Judge Jesse M. Furman on 11/16/2020) (cf)
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| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge J. Paul Oetken is no longer assigned to the case..(wb) |
| Filing 21 LETTER addressed to Judge J. Paul Oetken from John Dellaportas dated 11/04/2020 re: Transfer Request. Document filed by Island Intellectual Property LLC..(Dellaportas, John) |
| Filing 20 LETTER addressed to Judge J. Paul Oetken from Josh Krevitt dated 10/29/2020 re: Response to Defendant's October 27 letter. Document filed by StoneCastle Cash Management LLC..(Krevitt, Josh) |
| Filing 19 LETTER addressed to Judge J. Paul Oetken from John Dellaportas dated 10/27/2020 re: Transfer Request. Document filed by Island Intellectual Property LLC..(Dellaportas, John) |
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Filing 18
ORDER granting #15 Letter Motion for Extension of Time to Answer. GRANTED. DEFENDANT SHALL RESPOND TO THE COMPLAINT ON OR BEFORE NOVEMBER 16, 2020. (HEREBY ORDERED by Judge J. Paul Oetken)(kye)(Text Only Order)
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| Filing 17 NOTICE OF APPEARANCE by Beth Claire Khinchuk on behalf of Island Intellectual Property LLC..(Khinchuk, Beth) |
| Filing 16 NOTICE OF APPEARANCE by John Dellaportas on behalf of Island Intellectual Property LLC..(Dellaportas, John) |
| Filing 15 LETTER MOTION for Extension of Time to File Answer addressed to Judge J. Paul Oetken from John Dellaportas dated 10/15/2020. Document filed by Island Intellectual Property LLC..(Khinchuk, Beth) |
| Filing 14 AFFIDAVIT OF SERVICE. Island Intellectual Property LLC served on 9/28/2020, answer due 10/19/2020. Document filed by StoneCastle Cash Management LLC..(Krevitt, Josh) |
| NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge Jesse M. Furman is no longer assigned to the case..(wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-04792-JPO. Notice of Assignment to follow. (wb) |
| Case Eligible for Patent Pilot Program. (dnh) |
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Filing 13
ORDER granting #9 Motion for JORDAN BEKIER to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 12 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/7/2021 at 03:45 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 9/24/2020) (va) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Island Intellectual Property LLC..(dnh) |
| Filing 10 AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(dnh) |
| Filing 9 MOTION for JORDAN BEKIER to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21814630. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by StoneCastle Cash Management LLC. (Attachments: #1 Affidavit of Jordan Bekier, #2 Exhibit A - Certificate of Good Standing - California, #3 Text of Proposed Order).(Bekier, Jordan) |
| Filing 8 NOTICE OF APPEARANCE by Brian A. Rosenthal on behalf of StoneCastle Cash Management LLC..(Rosenthal, Brian) |
| Filing 7 NOTICE OF APPEARANCE by Florina Yezril on behalf of StoneCastle Cash Management LLC..(Yezril, Florina) |
| Filing 6 NOTICE OF APPEARANCE by Katherine Quinn Dominguez on behalf of StoneCastle Cash Management LLC..(Dominguez, Katherine) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for JORDAN BEKIER to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21814630. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Josh Andrew Krevitt. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None). The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff). (dnh) |
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh) |
| Case Designated ECF. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(dnh) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Island Intellectual Property LLC, re: #1 Complaint,,,,,,,,,,,,,,,. Document filed by StoneCastle Cash Management LLC..(Krevitt, Josh) |
| Filing 4 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Krevitt, Josh) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-CV-4792-JPO. Document filed by StoneCastle Cash Management LLC..(Krevitt, Josh) |
| Filing 2 CIVIL COVER SHEET filed..(Krevitt, Josh) |
| Filing 1 COMPLAINT against StoneCastle Cash Management LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-21812849)Document filed by StoneCastle Cash Management LLC. (Attachments: #1 Exhibit 1 - US7509286, #2 Exhibit 2 - US7519551, #3 Exhibit 3 - US7536350, #4 Exhibit 4 - US7668771, #5 Exhibit 5 - US7668772, #6 Exhibit 6 - US7672886, #7 Exhibit 7 - US7672901, #8 Exhibit 8 - US7672902, #9 Exhibit 9 - US7680716, #10 Exhibit 10 - US7680734, #11 Exhibit 11 - US7716131, #12 Exhibit 12 - US7752107, #13 Exhibit 13 - US7752129, #14 Exhibit 14 - US7769688, #15 Exhibit 15 - US7809640, #16 Exhibit 16 - US7933821, #17 Exhibit 17 - US7996308, #18 Exhibit 18 - US8019667, #19 Exhibit 19 - US8019668, #20 Exhibit 20 - US8032456, #21 Exhibit 21 - US8239321, #22 Exhibit 22 - US8260697, #23 Exhibit 23 - US8260705, #24 Exhibit 24 - US8290859, #25 Exhibit 25 - US8290860, #26 Exhibit 26 - US8290861, #27 Exhibit 27 - US8311916, #28 Exhibit 28 - US8311939, #29 Exhibit 29 - US8352342, #30 Exhibit 30 - US8355985, #31 Exhibit 31 - US8370236, #32 Exhibit 32 - US8380621, #33 Exhibit 33 - US8386382, #34 Exhibit 34 - US8386383, #35 Exhibit 35 - US8401962, #36 Exhibit 36 - US8452702, #37 Exhibit 37 - US8458089, #38 Exhibit 38 - US8498933, #39 Exhibit 39 - US8521569, #40 Exhibit 40 - US8560442, #41 Exhibit 41 - US8566200, #42 Exhibit 42 - US8566201, #43 Exhibit 43 - US8571960, #44 Exhibit 44 - US8571984, #45 Exhibit 45 - US8583545, #46 Exhibit 46 - US8589289, #47 Exhibit 47 - US8606676, #48 Exhibit 48 - US8612324, #49 Exhibit 49 - US8688577, #50 Exhibit 50 - US8719062, #51 Exhibit 51 - USRE43246, #52 Exhibit 52 - US6374231, #53 Exhibit 53 - US8150766, #54 Exhibit 54 - US8359267, #55 Exhibit 55 - US8712911, #56 Exhibit 56 - US8719157, #57 Exhibit 57 - US8655689, #58 Exhibit 58 - Maier et al, Patent Protection Provides Long-term Net Strategy, #59 Exhibit 59 - 2018-10-29 Letter from IIP to SCP, #60 Exhibit 60 - 2018-11-13 Letter from SC to IIP, #61 Exhibit 61 - 2018-11-20 Letter from IIP to SC, #62 Exhibit 62 - 2018-12-04 Letter from SC to IIP, #63 Exhibit 63 - 2019-05-24 (SDNY 013) 2019 Complaint, #64 Exhibit 64 - 2019-08-05 (SDNY 041) SC Motion to Dismiss, #65 Exhibit 65 - 2019-09-04 (SDNY 049) IIP Opp to Motion to Dismiss, #66 Exhibit 66 - 2019-09-11 (SDNY 051) SC Reply ISO Motion to Dismiss, #67 Exhibit 67 - 2020-05-29 (SDNY 058) Opinion and Order re Motion to Dismiss, #68 Exhibit 68 - 2020-06-25 (SDNY 060) IIP Letter to Judge Oetken, #69 Exhibit 69 - 2020-06-25 (NYS 002) IIP State Court Complaint, #70 Exhibit 70 - 2020-08-12 (NYS 022) SC Motion to Dismiss State Court Complaint, #71 Exhibit 71 - 2020-08-12 (NYS 012) SCFC Motion to Dismiss State Court Complaint, #72 Exhibit 72 - 1975-01-26 Opinion Letter issued by the SEC, No. 74-1324, #73 Exhibit 73 - 1983-06-22 Interp Letter issued by the Federal Reserve, #74 Exhibit 74 - 1984-11-16 Interp Letter issued by the Federal Reserve, #75 Exhibit 75 - 1985-01-08 Opinion Letter issued by the SEC, #76 Exhibit 76 - 1986-05-22 Interp Letter issued by FDIC, No. 86-15, #77 Exhibit 77 - 1986-07-23 Interp Letter issued by FDIC, No. 86-21, #78 Exhibit 78 - 1986-08-11 Interp Letter issued by FDIC, No. 86-22, #79 Exhibit 79 - 1986-08-15 Interp Letter issued by FDIC, No. 86-23, #80 Exhibit 80 - 1986-10-20 Interp Letter issued by FDIC, No. 86-31, #81 Exhibit 81 - 1988-08-31 Interp Letter issued by FDIC, No. 88-56, #82 Exhibit 82 - 1989-06-19 Interp Letter issued by FDIC, No. 89-19, #83 Exhibit 83 - 1990-08-09 Interp Letter issued by FDIC, No. 90-34, #84 Exhibit 84 - 1994-04-01 Interp Letter issued by FDIC, No. 94-18, #85 Exhibit 85 - 1994-06-24 Interp Letter issued by the Federal Reserve).(Krevitt, Josh) |
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