Network Apps, LLC et al v. AT&T Inc. et al
Plaintiff: KYLE SCHEI, JOHN WANTZ and NETWORK APPS, LLC
Defendant: AT&T CORP., AT&T Services, Inc., AT&T Inc. and AT&T Mobility LLC
Case Number: 1:2021cv00718
Filed: January 26, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271 Patent Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 10, 2022 Opinion or Order Filing 128 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS...regarding procedures to be followed that shall govern the handling of confidential material...,This confidentiality agreement does not bind the Court or any of its personnel. The Court can modify this stipulation at any time. The Court will retain jurisdiction over the terms and conditions of this agreement only for the pendency of this litigation. Any party wishing to make redacted or sealed submissions shall comply with Rule 6(A) of this Court's Individual Rules of Civil Procedure. Motions terminated: #127 JOINT MOTION for Protective Order Stipulated for Litigation Involving Patents. filed by Network Apps, LLC. (Signed by Judge Katherine Polk Failla on 5/10/2022) (rro)
May 9, 2022 Opinion or Order Filing 127 JOINT MOTION for Protective Order Stipulated for Litigation Involving Patents. Document filed by Network Apps, LLC..(Cadwell, Kevin)
April 22, 2022 Opinion or Order Filing 126 MEMO ENDORSEMENT: on re: #125 Letter filed by John Wantz, Network Apps, LLC, Kyle Schei. ENDORSEMENT: The Court is in receipt of the parties' joint letter dated April 20, 2022. (Dkt. #125). The Court accepts Defendant's proposal for targeted discovery on the issue of standing. That discovery shall conclude by June 24, 2022. Defendant's opening brief on its motion to dismiss shall be due on or before June 24, 2022, and is not to exceed 35 pages. Plaintiff's opposition shall be due on or before July 25, 2022, and is not to exceed 35 pages Defendant's reply shall be due on or before August 8, 2022, and to exceed 15 pages. SO ORDERED., ( Discovery due by 6/24/2022., Motions due by 6/24/2022., Responses due by 7/25/2022, Replies due by 8/8/2022.) (Signed by Judge Katherine Polk Failla on 4/22/2022) (ama)
April 20, 2022 Opinion or Order Filing 125 JOINT LETTER addressed to Judge Katherine Polk Failla from Richard A. Schwartz and Christopher W. Kennerly dated April 20, 2022 re: proposed next steps. Document filed by Network Apps, LLC, Kyle Schei, John Wantz..(Schwartz, Richard)
April 14, 2022 Opinion or Order Filing 124 ***SELECTED PARTIES*** REDACTED OPINION AND ORDER. Defendants' motion to disqualify Plaintiffs' counsel is DENIED. The parties are directed to submit a joint letter regarding proposed next steps on or before April 20, 2022. The Clerk of Court is directed to terminate the pending motion at docket entry 62. The Clerk of Court is further directed to file this Opinion under seal with viewing privileges granted only to the Court and parties. On or before April 13, 2022, the parties are ORDERED to submit proposed redactions to this Opinion, to the Court via email, for the reasons explained in their motions to seal (Dkt. #67, 7 6, 90, 108), and the Court's orders granting such requests (Dkt. # 73, 89, 103, 112). SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/30/22) (yv)
March 30, 2022 Opinion or Order Filing 123 ***SELECTED PARTIES*** SEALED OPINION AND ORDER re: #62 MOTION to Disqualify Counsel . filed by AT&T Mobility LLC, AT&T Services, Inc. For the foregoing reasons, Defendants' motion to disqualify Plaintiffs' counsel is DENIED. The parties are directed to submit a joint letter regarding proposed next steps on or before April 20, 2022. The Clerk of Court is directed to terminate the pending motion at docket entry 62. The Clerk of Court is further directed to file this Opinion under seal with viewing privileges granted only to the Court and parties. On or before April 13, 2022, the parties are ORDERED to submit proposed redactions to this Opinion, to the Court via email, for the reasons explained in their motions to seal (Dkt. #67, 76, 90, 108), and the Court's orders granting such requests (Dkt. # 73, 89, 103, 112). (Signed by Judge Katherine Polk Failla on 3/30/2022) (rro)
March 17, 2022 Opinion or Order Filing 122 LETTER addressed to Judge Katherine Polk Failla from Christopher W. Kennerly dated March 17, 2022 re: Defendants' Motion to Disqualify. Document filed by AT&T Mobility LLC, AT&T Services, Inc...(Kennerly, Christopher)
March 2, 2022 Opinion or Order Filing 121 NOTICE OF APPEARANCE by David E. Potter on behalf of Network Apps, LLC, Kyle Schei, John Wantz..(Potter, David)
February 11, 2022 Opinion or Order Filing 120 MEMO ENDORSEMENT on re: #115 Proposed Consent Order filed by Network Apps, LLC. ENDORSEMENT: The substitution of attorney is hereby approved and so ORDERED. Attorney Stephen Patrick Farrelly and Jeffrey A. Mitchell terminated. (Signed by Judge Katherine Polk Failla on 2/11/2022) (va)
February 11, 2022 Opinion or Order Filing 119 MEMO ENDORSEMENT on re: #117 Proposed Consent Order filed by John Wantz. ENDORSEMENT: The substitution of attorney is hereby approved and so ORDERED. Attorney Stephen Patrick Farrelly and Jeffrey A. Mitchell terminated. (Signed by Judge Katherine Polk Failla on 2/11/2022) (va)
February 11, 2022 Opinion or Order Filing 118 MEMO ENDORSEMENT on re: #116 Proposed Consent Order filed by Kyle Schei. ENDORSEMENT: The substitution of attorney is hereby approved and so ORDERED. Attorney Stephen Patrick Farrelly and Jeffrey A. Mitchell terminated. (Signed by Judge Katherine Polk Failla on 2/11/2022) (va)
February 11, 2022 Opinion or Order Filing 117 PROPOSED CONSENT ORDER. Document filed by John Wantz..(Ross, Peter)
February 11, 2022 Opinion or Order Filing 116 PROPOSED CONSENT ORDER. Document filed by Kyle Schei..(Ross, Peter)
February 11, 2022 Opinion or Order Filing 115 PROPOSED CONSENT ORDER. Document filed by Network Apps, LLC..(Ross, Peter)
November 15, 2021 Opinion or Order Filing 114 ORDER granting #113 Motion to Withdraw as Attorney. ORDERED, that pursuant to Rule 1.4 of the Local Rules of the Southern District of New York, Katherine Kenney Solomon is hereby permitted to withdraw as counsel of record for AT&T Mobility LLC and AT&T Services, Inc. in this action; and it is ORDERED, that the Clerk shall amend the docket and other court records to reflect the withdrawal of Ms. Solomon as counsel of record to AT&T Mobility LLC and AT&T Services, Inc. and that Ms. Solomon be removed from all electronic and other service lists in the Courts records for this matter. Attorney Katherine Kenney Solomon terminated. (Signed by Judge Katherine Polk Failla on 11/15/2021) (rro)
November 12, 2021 Opinion or Order Filing 113 MOTION for Katherine Kenney Solomon to Withdraw as Attorney . Document filed by AT&T Mobility LLC, AT&T Services, Inc...(Solomon, Katherine)
August 31, 2021 Opinion or Order Filing 112 ORDER granting #108 Letter Motion to Seal. Application GRANTED. Plaintiffs are permitted to publicly file a redacted version of the Rebuttal Declaration, and to file an unredacted version under seal. The Court cautions, however, that to the extent the Rebuttal Declaration is being employed as a means of circumventing the Court's page limits, it will not be considered by the Court. (Signed by Judge Katherine Polk Failla on 8/31/2021) (rro)
August 30, 2021 Opinion or Order Filing 111 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #62 MOTION to Disqualify Counsel . . Document filed by Network Apps, LLC, Kyle Schei, John Wantz..(Ross, Peter)
August 30, 2021 Opinion or Order Filing 110 DECLARATION of Dr. Michael Mitzenmacher [REDACTED] in Opposition re: #62 MOTION to Disqualify Counsel .. Document filed by Network Apps, LLC, Kyle Schei, John Wantz..(Ross, Peter)
August 30, 2021 Opinion or Order Filing 109 ***SELECTED PARTIES***DECLARATION of Dr. Michael Mitzenmacher [UNREDACTED] in Opposition re: #62 MOTION to Disqualify Counsel .. Document filed by Network Apps, LLC, John Wantz, Kyle Schei, AT&T Mobility LLC, AT&T Services, Inc.. Motion or Order to File Under Seal: #108 .(Ross, Peter)
August 30, 2021 Opinion or Order Filing 108 LETTER MOTION to Seal Rebuttal Declaration of Dr. Michael Mitzenmacher addressed to Judge Katherine Polk Failla from Stephen P. Farrelly dated August 30, 2021. Document filed by Network Apps, LLC, Kyle Schei, John Wantz..(Ross, Peter)
August 23, 2021 Opinion or Order Filing 107 ORDER granting #104 Letter Motion for Leave to File Document.The Court is in receipt of Plaintiffs' August 16, 2021 request to moveto strike certain materials submitted in connection with Defendants' replypapers, or in the alternative, to file a sur-reply. (Dkt. #104). The Court isalso in receipt of Defendants' August 20, 2021 letter in response. (Dkt.#106). The Court hereby GRANTS Plaintiffs' request to file a sur-reply, withthe following parameters: the sur-reply should be no longer than five pages,and is limited to addressing any new evidence filed with Defendants' replypapers. Plaintiffs are ORDERED to file their sur-reply on or before August30, 2021. The Court does not anticipate permitting any further briefing inconnection with the pending motion.The Clerk of Court is directed to terminate the motion at docket entry104. (Signed by Judge Katherine Polk Failla on 8/23/2021) (rro)
August 23, 2021 Opinion or Order Set/Reset Deadlines: Surreplies due by 8/30/2021. (rro)
August 20, 2021 Opinion or Order Filing 106 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Christopher W. Kennerly dated August 20, 2021 re: #104 LETTER MOTION for Leave to File sur-reply : Letter Motion to Strike or in the alternative Request for Leave to File Sur-reply addressed to Judge Katherine Polk Failla from Richard A. Schwartz dated August 16, 2021. . Document filed by AT&T Mobility LLC, AT&T Services, Inc...(Kennerly, Christopher)
August 17, 2021 Opinion or Order Filing 105 ORDER with respect to #104 LETTER MOTION for Leave to File sur-reply : Letter Motion to Strike or in the alternative Request for Leave to File Sur-reply. The Court is in receipt of Plaintiffs' letter requesting that certain declarations submitted in connection with Defendants' reply briefing be stricken or not considered, or in the alternative, that the Court grant Plantiffs leave to file a sur-reply. Defendants are directed to submit a response setting forth their position on Plaintiffs' application on or before August 20, 2021. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/17/2021) (jca)
August 17, 2021 Opinion or Order Set/Reset Deadlines: Responses due by 8/20/2021 (jca)
August 16, 2021 Opinion or Order Filing 104 LETTER MOTION for Leave to File sur-reply : Letter Motion to Strike or in the alternative Request for Leave to File Sur-reply addressed to Judge Katherine Polk Failla from Richard A. Schwartz dated August 16, 2021. Document filed by Network Apps, LLC, Kyle Schei, John Wantz..(Schwartz, Richard)
August 13, 2021 Opinion or Order Filing 103 ORDER granting #90 Letter Motion to Seal. The Court is in receipt of Defendants' letter seeking leave to file certain portions of its reply brief and supporting documents under seal, and hereby GRANTS Defendants' request. Defendants may file under seal the documents identified in the above letter. So Ordered. (Signed by Judge Katherine Polk Failla on 8/13/2021) (js)
August 12, 2021 Opinion or Order Filing 102 ***EX-PARTE***DECLARATION of Clare Tokarski in Support re: #62 MOTION to Disqualify Counsel .. Document filed by AT&T Mobility LLC, AT&T Services, Inc.. (Attachments: #1 Exhibit 25, #2 Exhibit 26, #3 Exhibit 27, #4 Exhibit 28, #5 Exhibit 29, #6 Exhibit 30, #7 Exhibit 31, #8 Exhibit 32, #9 Exhibit 33)Motion or Order to File Under Seal: #90 .(Kennerly, Christopher)
August 12, 2021 Opinion or Order Filing 101 ***EX-PARTE***DECLARATION of Paula Phillips in Support re: #62 MOTION to Disqualify Counsel .. Document filed by AT&T Mobility LLC, AT&T Services, Inc.. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5)Motion or Order to File Under Seal: #90 .(Kennerly, Christopher)
August 12, 2021 Opinion or Order Filing 100 ***EX-PARTE***DECLARATION of Roger Fulghum in Support re: #62 MOTION to Disqualify Counsel .. Document filed by AT&T Mobility LLC, AT&T Services, Inc.. (Attachments: #1 Exhibit 14, #2 Exhibit 16, #3 Exhibit 18, #4 Exhibit 21, #5 Exhibit 22)Motion or Order to File Under Seal: #90 .(Kennerly, Christopher)
August 12, 2021 Opinion or Order Filing 99 ***SELECTED PARTIES***DECLARATION of Roger Fulghum in Support re: #62 MOTION to Disqualify Counsel .. Document filed by AT&T Mobility LLC, AT&T Services, Inc., Network Apps, LLC, Kyle Schei, John Wantz. (Attachments: #1 Exhibit 15, #2 Exhibit 17, #3 Exhibit 20, #4 Exhibit 24)Motion or Order to File Under Seal: #90 .(Kennerly, Christopher)
August 12, 2021 Opinion or Order Filing 98 ***SELECTED PARTIES***DECLARATION of James R. Bress in Support re: #62 MOTION to Disqualify Counsel .. Document filed by AT&T Mobility LLC, AT&T Services, Inc., Network Apps, LLC, Kyle Schei, John Wantz. Motion or Order to File Under Seal: #90 .(Kennerly, Christopher)
August 12, 2021 Opinion or Order Filing 97 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #62 MOTION to Disqualify Counsel . . Document filed by AT&T Mobility LLC, AT&T Services, Inc., Network Apps, LLC, Kyle Schei, John Wantz. Motion or Order to File Under Seal: #90 .(Kennerly, Christopher)
August 12, 2021 Opinion or Order Filing 96 DECLARATION of Joshua Yin in Support re: #62 MOTION to Disqualify Counsel .. Document filed by AT&T Mobility LLC, AT&T Services, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 8, #3 Exhibit 9, #4 Exhibit 10).(Kennerly, Christopher)
August 12, 2021 Opinion or Order Filing 95 DECLARATION of Clare Tokarski in Support re: #62 MOTION to Disqualify Counsel .. Document filed by AT&T Mobility LLC, AT&T Services, Inc.. (Attachments: #1 Exhibit 25, #2 Exhibit 26, #3 Exhibit 27, #4 Exhibit 28, #5 Exhibit 29, #6 Exhibit 30, #7 Exhibit 31, #8 Exhibit 32, #9 Exhibit 33).(Kennerly, Christopher)
August 12, 2021 Opinion or Order Filing 94 DECLARATION of Paula Phillips in Support re: #62 MOTION to Disqualify Counsel .. Document filed by AT&T Mobility LLC, AT&T Services, Inc.. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5).(Kennerly, Christopher)
August 12, 2021 Opinion or Order Filing 93 DECLARATION of Roger Fulghum in Support re: #62 MOTION to Disqualify Counsel .. Document filed by AT&T Mobility LLC, AT&T Services, Inc.. (Attachments: #1 Exhibit 14, #2 Exhibit 15, #3 Exhibit 16, #4 Exhibit 17, #5 Exhibit 18, #6 Exhibit 19, #7 Exhibit 20, #8 Exhibit 21, #9 Exhibit 22, #10 Exhibit 24).(Kennerly, Christopher)
August 12, 2021 Opinion or Order Filing 92 DECLARATION of James R. Bress in Support re: #62 MOTION to Disqualify Counsel .. Document filed by AT&T Mobility LLC, AT&T Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Kennerly, Christopher)
August 12, 2021 Opinion or Order Filing 91 REPLY MEMORANDUM OF LAW in Support re: #62 MOTION to Disqualify Counsel . . Document filed by AT&T Mobility LLC, AT&T Services, Inc...(Kennerly, Christopher)
August 12, 2021 Opinion or Order Filing 90 LETTER MOTION to Seal AT&T Defendants Reply in Support of AT&Ts Motion to Disqualify Opposing Counsel and Request for Judicial Notice addressed to Judge Katherine Polk Failla from Christopher W. Kennerly dated 8/12/2021. Document filed by AT&T Mobility LLC, AT&T Services, Inc...(Kennerly, Christopher)
July 29, 2021 Opinion or Order Filing 89 ORDER granting #76 Letter Motion to Seal. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/29/2021) (va)
July 29, 2021 Opinion or Order Filing 88 RESPONSE in Opposition to Motion re: #62 MOTION to Disqualify Counsel . Plaintiffs' Evidentiary Objections to the Yin Declaration [Dkt. 66 & 71]. Document filed by Network Apps, LLC, Kyle Schei, John Wantz..(Ross, Peter)
July 29, 2021 Opinion or Order Filing 87 MEMORANDUM OF LAW in Opposition re: #62 MOTION to Disqualify Counsel . REDACTED. Document filed by Network Apps, LLC, Kyle Schei, John Wantz..(Ross, Peter)
July 29, 2021 Opinion or Order Filing 86 DECLARATION of Lisa M. Thomas in Opposition re: #62 MOTION to Disqualify Counsel .. Document filed by Network Apps, LLC, Kyle Schei, John Wantz. (Attachments: #1 Exhibit 1: TESS Search Report, #2 Exhibit 2: Celltrace Complaint, #3 Exhibit 3: Claim Construction Brief, #4 Exhibit 4: Celltrace Final Judgment, #5 Exhibit 5: Technology Patents Complaint, #6 Exhibit 6: Technology Patents Motion to Dismiss, #7 Exhibit 7: Technology Patents Letter from Kennerly to Hon. Williams).(Ross, Peter)
July 29, 2021 Opinion or Order Filing 85 DECLARATION of Michael Reeder in Opposition re: #62 MOTION to Disqualify Counsel .. Document filed by Network Apps, LLC, Kyle Schei, John Wantz..(Ross, Peter)
July 29, 2021 Opinion or Order Filing 84 DECLARATION of Dr. Michael Mitzenmacher [REDACTED] in Opposition re: #62 MOTION to Disqualify Counsel .. Document filed by Network Apps, LLC, Kyle Schei, John Wantz. (Attachments: #1 Exhibit A: Mitzenmacher C.V., #2 Exhibit B: Mitzenmacher prior testimony, #3 Exhibit C: "Encryption Protocol").(Ross, Peter)
July 29, 2021 Opinion or Order Filing 83 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #84) - DECLARATION of Dr. Michael Mitzenmacher [REDACTED] in Opposition re: #62 MOTION to Disqualify Counsel .. Document filed by Network Apps, LLC, Kyle Schei, John Wantz..(Ross, Peter) Modified on 7/30/2021 (ldi).
July 29, 2021 Opinion or Order Filing 82 DECLARATION of David Clonts [REDACTED] in Opposition re: #62 MOTION to Disqualify Counsel .. Document filed by Network Apps, LLC, Kyle Schei, John Wantz..(Ross, Peter)
July 29, 2021 Opinion or Order Filing 81 DECLARATION of Kevin Cadwell [REDACTED] in Opposition re: #62 MOTION to Disqualify Counsel .. Document filed by Network Apps, LLC, Kyle Schei, John Wantz..(Ross, Peter)
July 29, 2021 Opinion or Order Filing 80 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #62 MOTION to Disqualify Counsel . UNREDACTED. Document filed by Network Apps, LLC, John Wantz, Kyle Schei, AT&T Mobility LLC, AT&T Services, Inc.. Motion or Order to File Under Seal: #76 .(Ross, Peter)
July 29, 2021 Opinion or Order Filing 79 ***SELECTED PARTIES***DECLARATION of Dr. Michael Mitzenmacher [UNREDACTED] in Opposition re: #62 MOTION to Disqualify Counsel .. Document filed by Network Apps, LLC, John Wantz, Kyle Schei, AT&T Mobility LLC, AT&T Services, Inc.. Motion or Order to File Under Seal: #76 .(Ross, Peter)
July 29, 2021 Opinion or Order Filing 78 ***SELECTED PARTIES***DECLARATION of David Clonts [UNREDACTED] in Opposition re: #62 MOTION to Disqualify Counsel .. Document filed by Network Apps, LLC, John Wantz, Kyle Schei, AT&T Mobility LLC, AT&T Services, Inc.. Motion or Order to File Under Seal: #76 .(Ross, Peter)
July 29, 2021 Opinion or Order Filing 77 ***SELECTED PARTIES***DECLARATION of Kevin Cadwell [UNREDACTED] in Opposition re: #62 MOTION to Disqualify Counsel .. Document filed by Network Apps, LLC, John Wantz, Kyle Schei, AT&T Mobility LLC, AT&T Services, Inc.. Motion or Order to File Under Seal: #76 .(Ross, Peter)
July 29, 2021 Opinion or Order Filing 76 LETTER MOTION to Seal Plaintiffs' Opposition to Motion to Disqualify and certain supporting documents addressed to Judge Katherine Polk Failla from Stephen P. Farrelly dated July 29, 2021. Document filed by Network Apps, LLC, Kyle Schei, John Wantz..(Ross, Peter)
July 9, 2021 Opinion or Order Filing 75 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER REGARDING DEFENDANTS MOTION TO DISQUALIFY OPPOSING COUNSEL...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Katherine Polk Failla on 7/9/2021) (rro)
July 8, 2021 Opinion or Order Filing 74 PROPOSED STIPULATION AND ORDER. Document filed by Network Apps, LLC, Kyle Schei, John Wantz..(Schwartz, Richard)
June 30, 2021 Opinion or Order Filing 73 ORDER granting #67 Letter Motion to Seal. Application GRANTED. AT&T may file the previewed portions of its Motion to Disqualify Opposing Counsel under seal, such that they are viewable to the Court and parties only. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/30/2021) (vfr)
June 29, 2021 Opinion or Order Filing 72 ***EX-PARTE***DECLARATION of Joshua Yin (Privileged Exhibits) in Support re: #62 MOTION to Disqualify Counsel .. Document filed by AT&T Mobility LLC, AT&T Services, Inc.. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 14, #6 Exhibit 16, #7 Exhibit 18, #8 Exhibit 21, #9 Exhibit 22, #10 Exhibit 25, #11 Exhibit 26, #12 Exhibit 27, #13 Exhibit 28, #14 Exhibit 29, #15 Exhibit 30, #16 Exhibit 31, #17 Exhibit 32, #18 Exhibit 33)Motion or Order to File Under Seal: #67 .(Kennerly, Christopher)
June 29, 2021 Opinion or Order Filing 71 ***SELECTED PARTIES***DECLARATION of Joshua Yin (Sealed Exhibits) in Support re: #62 MOTION to Disqualify Counsel .. Document filed by AT&T Mobility LLC, AT&T Services, Inc., Network Apps, LLC, Kyle Schei, John Wantz. (Attachments: #1 Exhibit 15, #2 Exhibit 17, #3 Exhibit 20, #4 Exhibit 24)Motion or Order to File Under Seal: #67 .(Kennerly, Christopher)
June 29, 2021 Opinion or Order Filing 70 ***SELECTED PARTIES***DECLARATION of Justin McNamara in Support re: #62 MOTION to Disqualify Counsel .. Document filed by AT&T Mobility LLC, AT&T Services, Inc., Network Apps, LLC, Kyle Schei, John Wantz. Motion or Order to File Under Seal: #67 .(Kennerly, Christopher)
June 29, 2021 Opinion or Order Filing 69 ***SELECTED PARTIES***DECLARATION of Feza Buyukdara in Support re: #62 MOTION to Disqualify Counsel .. Document filed by AT&T Mobility LLC, AT&T Services, Inc., Network Apps, LLC, Kyle Schei, John Wantz. Motion or Order to File Under Seal: #67 .(Kennerly, Christopher)
June 29, 2021 Opinion or Order Filing 68 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #62 MOTION to Disqualify Counsel . . Document filed by AT&T Mobility LLC, AT&T Services, Inc., Network Apps, LLC, Kyle Schei, John Wantz. Motion or Order to File Under Seal: #67 .(Kennerly, Christopher)
June 29, 2021 Opinion or Order Filing 67 LETTER MOTION to Seal Defendants' Motion to Disqualify Opposing Counsel addressed to Judge Katherine Polk Failla from Christopher W. Kennerly dated June 29, 2021. Document filed by AT&T Mobility LLC, AT&T Services, Inc...(Kennerly, Christopher)
June 29, 2021 Opinion or Order Filing 66 DECLARATION of Joshua Yin in Support re: #62 MOTION to Disqualify Counsel .. Document filed by AT&T Mobility LLC, AT&T Services, Inc.. (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, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34).(Kennerly, Christopher)
June 29, 2021 Opinion or Order Filing 65 DECLARATION of Justin McNamara in Support re: #62 MOTION to Disqualify Counsel .. Document filed by AT&T Mobility LLC, AT&T Services, Inc...(Kennerly, Christopher)
June 29, 2021 Opinion or Order Filing 64 DECLARATION of Feza Buyukdara in Support re: #62 MOTION to Disqualify Counsel .. Document filed by AT&T Mobility LLC, AT&T Services, Inc...(Kennerly, Christopher)
June 29, 2021 Opinion or Order Filing 63 MEMORANDUM OF LAW in Support re: #62 MOTION to Disqualify Counsel . . Document filed by AT&T Mobility LLC, AT&T Services, Inc...(Kennerly, Christopher)
June 29, 2021 Opinion or Order Filing 62 MOTION to Disqualify Counsel . Document filed by AT&T Mobility LLC, AT&T Services, Inc.. (Attachments: #1 Text of Proposed Order).(Kennerly, Christopher)
May 15, 2021 Opinion or Order Filing 61 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/28/2021 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Paula Speer, (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 6/7/2021. Redacted Transcript Deadline set for 6/15/2021. Release of Transcript Restriction set for 8/13/2021..(McGuirk, Kelly)
April 29, 2021 Opinion or Order Filing 60 ORDER re: Pretrial Conference - (Minute Entry for April 28, 2021) For the reasons discussed at the conference, the Court's view is that it must resolve Defendants' anticipated motion for disqualification of Plaintiffs' counsel before it addresses Defendants' other contemplated motions. As such, the Court will permit Defendants to proceed with their motion to disqualify Plaintiff's counsel. However, at this time, the Court is not authorizing any further discovery into the issue of disqualification, and it expects Defendants to tailor their motion arguments accordingly. Given the Court's understanding that Defendants' review of the underlying materials is both an ongoing and involved process, the parties are ORDERED to adhere to the following briefing schedule: Defendants' opening papers are due on or before June 29, 2021; Plaintiffs' opposition papers are due on or before July 29, 2021; and Defendants' reply papers are due on or before August 12, 2021. The Court expects the parties to observe the page limits and formatting preferences set forth in Rule 4.B. of its Individual Rules of Practice. As Defendants have requested that certain information and documents be submitted in camera, the Court will accept such a submission with the understanding that if it disagrees with any of the Defendants' determinations, it may order them to file the materials in a redacted or unredacted format on the public docket. In particular, to the extent Defendants file a declaration or sworn statement listing or summarizing the materials submitted in their in camera submission, the Court would prefer that such a document be filed on the docket, to the extent possible. Defendants' in camera submission is to be filed contemporaneously with their opening papers. SO ORDERED. ( Motions due by 6/29/2021., Responses due by 7/29/2021, Replies due by 8/12/2021.) (Signed by Judge Katherine Polk Failla on 4/30/2021) (vfr)
April 28, 2021 Opinion or Order Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial/Pre-motion Conference held on 4/28/2021. Attorneys Kevin Eugene Cadwell, Michael Reeder, Lisa Maria Thomas, Stephen Patrick Farrelly, Peter Wayne Ross, and Richard A. Schwartz representing Plaintiffs present. Attorneys Christopher W. Kennerly, Robert R. Laurenzi, Alexander Lee, and Joshua Yin representing Defendants present. The Court will inform the parties with respect to next steps of the proposed disqualification motion in due course. Defendants are to order a copy of today's transcript. (Court Reporter Paula Speer) (tn)
April 20, 2021 Opinion or Order Filing 59 ORDER, There is currently a telephonic conference in this action scheduled for April 22, 2021. Due to scheduling conflicts occasioned by recent changes to the Court's calendar, the conference is hereby ADJOURNED to April 28, 2021, at 4:00 p.m. The parties are referred to the instructions for accessing the conference provided in the Court's February 1, 2021 Order. (See Dkt. #19). SO ORDERED. ( Pre-Motion Conference set for 4/28/2021 at 04:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 4/20/21) (yv)
April 16, 2021 Opinion or Order Filing 58 MEMO ENDORSEMENT re: #57 Letter filed by AT&T Mobility LLC, AT&T Services, Inc. ENDORSEMENT: The Court is in receipt of Plaintiffs' letter enclosing their proposed Case Management Plan and exhibit (Dkt. #56), and Defendants' above letter in response (Dkt. #57). Given the issues raised in the parties' pre-motion letter briefing (Dkt. #46-48, 51-53), the Court will not require them to submit a joint Proposed Case Management Plan at this time. The Court will discuss the parties' proposed approaches to discovery at the conference scheduled for April 22, 2021. (Signed by Judge Katherine Polk Failla on 4/16/2021) (nb)
April 16, 2021 Opinion or Order Filing 57 LETTER addressed to Judge Katherine Polk Failla from Christopher W. Kennerly dated April 15, 2021 re: Case Management Plan and Scheduling Order. Document filed by AT&T Mobility LLC, AT&T Services, Inc...(Kennerly, Christopher)
April 16, 2021 Opinion or Order Filing 56 LETTER addressed to Judge Katherine Polk Failla from Stephen Farrelly dated April 15, 2021 re: Proposed deadlines for civil case management plan, docketed per Court's request. Document filed by Network Apps, LLC, Kyle Schei, John Wantz. (Attachments: #1 Civil Case Management Plan, #2 Ex. 1 to Civil Case Management Plan).(Farrelly, Stephen)
April 14, 2021 Opinion or Order Filing 55 ORDER FOR ADMISSION PRO HAC VICE granting #32 Motion for Lisa M. Thomas to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 4/14/2021) (nb)
April 9, 2021 Opinion or Order Filing 54 ORDER: There is currently an initial pretrial conference in this action scheduled for April 22, 2021. On April 5, 2021, the Court received three letter motions from Defendants: the first two pertaining to Defendants' anticipated motions to dismiss the Complaint and to disqualify Plaintiffs' counsel (Dkt. #46-47), and the third requesting the bifurcation of discovery (Dkt. #48). On April 8, 2021, Plaintiffs submitted three letters in opposition to each of Defendants' applications. (Dkt. #51-53). Accordingly, the April 22, 2021 initial pretrial conference is hereby CONVERTED to a pre-motion conference. SO ORDERED. (Signed by Judge Katherine Polk Failla on 4/9/2021) (mml)
April 9, 2021 Opinion or Order Set/Reset Hearings: Pre-Motion Conference set for 4/22/2021 at 03:00 PM before Judge Katherine Polk Failla. (mml)
April 8, 2021 Opinion or Order Filing 53 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Richard A. Schwartz dated April 8, 2021 re: #48 LETTER MOTION for Local Rule 37.2 Conference for AT&Ts Request to Stay General Discovery Pending AT&Ts Motion to Dismiss and Motion to Disqualify and Request for Limited and Expedited Discovery on Threshold Issues addressed to Judge Katherine . Document filed by Network Apps, LLC, Kyle Schei, John Wantz..(Schwartz, Richard)
April 8, 2021 Opinion or Order Filing 52 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Richard A. Schwartz dated April 8, 2021 re: #47 LETTER MOTION for Conference for AT&Ts Motion to Disqualify Plaintiffs Counsel addressed to Judge Katherine Polk Failla from Christopher W. Kennerly dated April 5, 2021. . Document filed by Network Apps, LLC, Kyle Schei, John Wantz..(Schwartz, Richard)
April 8, 2021 Opinion or Order Filing 51 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Richard A. Schwartz dated April 8, 2021 re: #46 LETTER MOTION for Conference for AT&Ts Motion to Dismiss for Lack of Standing, Expiration of the Statute of Limitations, Failure to Abide by the Mandatory Dispute Resolution Clause, and Patent Ineligibility Under 35 U.S.C. 101 address . Document filed by Network Apps, LLC, Kyle Schei, John Wantz..(Schwartz, Richard)
April 6, 2021 Opinion or Order Filing 50 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AT&T Inc. for AT&T Services, Inc.; Corporate Parent BellSouth Mobile Data, Inc., Corporate Parent SBC Long Distance, LLC, Corporate Parent AT&T Investment & Tower Holdings, LLC, Corporate Parent New Cingular Wireless Services, Inc. for AT&T Mobility LLC. Document filed by AT&T Mobility LLC, AT&T Services, Inc...(Kennerly, Christopher)
April 6, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Christopher W. Kennerly to RE-FILE Document #49 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Not All Corporate Parents/Other affiliates were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi)
April 5, 2021 Opinion or Order Filing 49 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AT&T Inc. for AT&T Mobility LLC, AT&T Services, Inc.. Document filed by AT&T Mobility LLC, AT&T Services, Inc...(Kennerly, Christopher) Modified on 4/6/2021 (ldi).
April 5, 2021 Opinion or Order Filing 48 LETTER MOTION for Local Rule 37.2 Conference for AT&Ts Request to Stay General Discovery Pending AT&Ts Motion to Dismiss and Motion to Disqualify and Request for Limited and Expedited Discovery on Threshold Issues addressed to Judge Katherine Polk Failla from Christopher W. Kennerly dated April 5, 2021. Document filed by AT&T Mobility LLC, AT&T Services, Inc.. (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).(Kennerly, Christopher)
April 5, 2021 Opinion or Order Filing 47 LETTER MOTION for Conference for AT&Ts Motion to Disqualify Plaintiffs Counsel addressed to Judge Katherine Polk Failla from Christopher W. Kennerly dated April 5, 2021. Document filed by AT&T Mobility LLC, AT&T Services, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Kennerly, Christopher)
April 5, 2021 Opinion or Order Filing 46 LETTER MOTION for Conference for AT&Ts Motion to Dismiss for Lack of Standing, Expiration of the Statute of Limitations, Failure to Abide by the Mandatory Dispute Resolution Clause, and Patent Ineligibility Under 35 U.S.C. 101 addressed to Judge Katherine Polk Failla from Christopher W. Kennerly dated April 5, 2021. Document filed by AT&T Mobility LLC, AT&T Services, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Kennerly, Christopher)
April 5, 2021 Opinion or Order Filing 45 ORDER FOR ADMISSION PRO HAC VICE granting #44 Motion for Joshua Yin to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 4/5/2021) (nb)
April 2, 2021 Opinion or Order Filing 44 MOTION for Joshua Yin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24345300. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Mobility LLC, AT&T Services, Inc.. (Attachments: #1 Affidavit of Joshua Yin, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Yin, Joshua)
April 2, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #44 MOTION for Joshua Yin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24345300. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
April 1, 2021 Opinion or Order Filing 43 STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANTS AT&T INC. AND AT&T CORP.: Accordingly, Plaintiffs and AT&T request that the Court enter the attached order dismissing AT&T Inc. and AT&T Corp. without prejudice. So Ordered AT&T Corp. (a New York corporation) and AT&T Inc. (a Delaware corporation) terminated. (Signed by Judge Katherine Polk Failla on 4/1/2021) (js)
April 1, 2021 Opinion or Order ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #42 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Katherine Polk Failla for approval for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii); the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)
March 31, 2021 Opinion or Order Filing 42 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) AT&T Inc., AT&T Corp.. Document filed by AT&T Mobility LLC, AT&T Inc., AT&T Services, Inc., AT&T Corp.. Proposed Order to be reviewed by Clerk's Office staff...(Kennerly, Christopher)
March 31, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Christopher Kennerly. RE-FILE Document No. #41 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km)
March 30, 2021 Opinion or Order Filing 41 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) AT&T Inc., AT&T Corp.. Document filed by AT&T Mobility LLC, AT&T Inc., AT&T Services, Inc., AT&T Corp.. Proposed Order to be reviewed by Clerk's Office staff...(Kennerly, Christopher) Modified on 3/31/2021 (km).
March 30, 2021 Opinion or Order Filing 40 ORDER FOR ADMISSION PRO HAC VICE granting #37 Motion for Christopher W. Kennerly to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 3/30/2021) (mro)
March 30, 2021 Opinion or Order Filing 39 ORDER FOR ADMISSION PRO HAC VICE granting #38 Motion for Alexander H. Lee to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 3/30/2021) (mro)
March 30, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #37 MOTION for Christopher W. Kennerly to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #38 MOTION for Alexander H. Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24322150. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
March 29, 2021 Opinion or Order Filing 38 MOTION for Alexander H. Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24322150. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Corp., AT&T Inc., AT&T Mobility LLC, AT&T Services, Inc.. (Attachments: #1 Affidavit of Alexander H. Lee, #2 Certificates of Good Standing, #3 Text of Proposed Order).(Lee, Alexander)
March 29, 2021 Opinion or Order Filing 37 MOTION for Christopher W. Kennerly to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Corp., AT&T Inc., AT&T Mobility LLC, AT&T Services, Inc.. (Attachments: #1 Affidavit of Christopher W. Kennerly, #2 Certificates of Good Standing, #3 Text of Proposed Order).(Kennerly, Christopher)
March 23, 2021 Opinion or Order Filing 36 NOTICE OF APPEARANCE by Katherine Kenney Solomon on behalf of AT&T Corp., AT&T Inc., AT&T Mobility LLC, AT&T Services, Inc...(Solomon, Katherine)
March 23, 2021 Opinion or Order Filing 35 NOTICE OF APPEARANCE by Robert R. Laurenzi on behalf of AT&T Corp., AT&T Inc., AT&T Mobility LLC, AT&T Services, Inc...(Laurenzi, Robert)
March 23, 2021 Opinion or Order Filing 34 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Christopher W. Kennerly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24295839. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Corp., AT&T Inc., AT&T Mobility LLC, AT&T Services, Inc.. (Attachments: #1 Affidavit of Christopher W. Kennerly, #2 Certificates of Good Standing, #3 Text of Proposed Order).(Kennerly, Christopher) Modified on 3/23/2021 (wb).
March 23, 2021 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #34 MOTION for Christopher W. Kennerly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24295839. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California and Texas; Missing Motion for Pro Hac Vice;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
March 12, 2021 Opinion or Order Filing 33 ORDER FOR ADMISSION PRO HAC VICE granting #31 Motion for David Randall to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Katherine Polk Failla on 3/12/2021) (rj)
March 12, 2021 Opinion or Order Filing 32 MOTION for Lisa Marie Thomas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24242649. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Network Apps, LLC, Kyle Schei, John Wantz. (Attachments: #1 Affidavit of Lisa M. Thomas in Support of Motion to Appear Pro Hac Vice, #2 Certificate of Good Standing, #3 Proposed Order in Support of Motion to Appear Pro Hac Vice).(Thomas, Lisa) Modified on 3/12/2021 (wb). Modified on 3/12/2021 (wb).
March 12, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #32 MOTION for Lisa Marie Thomas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24242649. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 11, 2021 Opinion or Order Filing 31 MOTION for David Randall Clonts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24238461. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Network Apps, LLC, Kyle Schei, John Wantz. (Attachments: #1 Affidavit David R. Clonts in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Proposed Order ISO Motion for Admission to Appear Pro Hac Vice).(Clonts, David)
March 11, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for David Randall Clonts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24238461. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 10, 2021 Opinion or Order Filing 30 ORDER FOR ADMISSION PRO HAC VICE granting #28 Motion for Michael F. Reeder to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Katherine Polk Failla on 2/10/2021) (cf)
February 10, 2021 Opinion or Order Filing 29 ORDER FOR ADMISSION PRO HAC VICE granting #27 Motion for Kevin E. Cadwell to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Katherine Polk Failla on 2/10/2021) (cf)
February 9, 2021 Opinion or Order Filing 28 MOTION for Michael Francis Reeder, II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23877722. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Network Apps, LLC, Kyle Schei, John Wantz. (Attachments: #1 Affidavit Affidavit of Michael F. Reeder, II ISO Motion for Admission to Appear Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order ISO Motion for Admission to Appear Pro Hac Vice).(Reeder, Michael)
February 9, 2021 Opinion or Order Filing 27 MOTION for Kevin Eugene Cadwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23876381. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Network Apps, LLC, Kyle Schei, John Wantz. (Attachments: #1 Affidavit of Kevin E. Cadwell ISO Motion to Appear Pro Hac Vice, #2 Exhibit California Certificate of Good Standing, #3 Exhibit Texas Certificate of Good Standing, #4 Text of Proposed Order Proposed Order ISO Motion for Admission to Appear Pro Hac Vice).(Cadwell, Kevin)
February 9, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Kevin Eugene Cadwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23876381. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 9, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Michael Francis Reeder, II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23877722. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
February 9, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Kevin Eugene Cadwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23876381. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
February 5, 2021 Opinion or Order Filing 26 ORDER ON MOTION FOR ADMISSION PRO HAC VICE granting #20 Motion for Richard A. Schwartz to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 2/5/2021) (ks)
February 5, 2021 Opinion or Order Filing 25 ORDER ON MOTION FOR ADMISSION PRO HACE VICE granting #24 Motion for Peter W. Ross to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 2/5/2021) (ks)
February 5, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Peter W. Ross to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23825475. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
February 4, 2021 Opinion or Order Filing 24 MOTION for Peter W. Ross to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23825475. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Network Apps, LLC, Kyle Schei, John Wantz. (Attachments: #1 Affidavit of Peter W. Ross ISO Motion for Admission to Appear Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order ISO Motion for Admission to Appear Pro Hac Vice).(Ross, Peter)
February 4, 2021 Opinion or Order Filing 23 ORDER: granting #22 Letter Motion for Extension of Time to Answer. Application GRANTED. Moreover, the initial pretrial conference scheduled for April 2, 2021, is hereby ADJOURNED to April 22, 2021 at 3:00 p.m. The parties are directed to file a joint letter and Proposed Case Management Plan and Scheduling Order on or before April 15, 2021. SO ORDERED. AT&T Corp. answer due 4/5/2021; AT&T Inc. answer due 4/5/2021; AT&T Mobility LLC answer due 4/5/2021; AT&T Services, Inc. answer due 4/5/2021. (Signed by Judge Katherine Polk Failla on 2/04/2021) (ama)
February 4, 2021 Opinion or Order Filing 22 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge Katherine Polk Failla from Judith A. Archer dated February 4, 2021. Document filed by AT&T Corp., AT&T Inc., AT&T Mobility LLC, AT&T Services, Inc...(Archer, Judith)
February 4, 2021 Opinion or Order Filing 21 CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference, ECF No. 19, and Individual Rules of Practice in Civil Cases of Katherine Polk Failla, U.S.D.J. served on AT&T Inc., AT&T Corp., AT&T Mobility LLC, and AT&T Services, Inc. on February 2, 2021. Service was made by Federal Express. Document filed by Network Apps, LLC, Kyle Schei, John Wantz..(Farrelly, Stephen)
February 4, 2021 Opinion or Order Filing 20 MOTION for Richard A. Schwartz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23818174. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Network Apps, LLC, Kyle Schei, John Wantz. (Attachments: #1 Affidavit of Richard Schwartz in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice).(Schwartz, Richard)
February 4, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Richard A. Schwartz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23818174. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
February 4, 2021 Opinion or Order Set/Reset Hearings: Initial Conference set for 4/22/2021 at 03:00 PM before Judge Katherine Polk Failla. (ama)
February 1, 2021 Opinion or Order Filing 19 NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on April 2, 2021, at 3:00 p.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. Initial Conference set for 4/2/2021 at 03:00 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 2/1/2021) (nb)
February 1, 2021 Opinion or Order Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint,,. AT&T Inc. served on 1/28/2021, answer due 2/18/2021. Service was accepted by Terri Thongsavat, Intake Associate. Document filed by Network Apps, LLC; John Wantz; Kyle Schei..(Mitchell, Jeffrey)
February 1, 2021 Opinion or Order Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint,,. AT&T Mobility LLC served on 1/29/2021, answer due 2/19/2021. Service was accepted by Jordan Robinson, Building Messenger Clerk. Document filed by Network Apps, LLC; John Wantz; Kyle Schei..(Mitchell, Jeffrey)
February 1, 2021 Opinion or Order Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint,,. AT&T Corp. served on 1/29/2021, answer due 2/19/2021. Service was accepted by Jordan Robinson, Building Messenger Clerk. Document filed by Network Apps, LLC; John Wantz; Kyle Schei..(Mitchell, Jeffrey)
February 1, 2021 Opinion or Order Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint,,. AT&T Services, Inc. served on 1/28/2021, answer due 2/18/2021. Service was accepted by Gina Martinez, Building Messenger Clerk. Document filed by Network Apps, LLC; John Wantz; Kyle Schei..(Mitchell, Jeffrey)
January 28, 2021 Opinion or Order Filing 14 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)..(sj)
January 28, 2021 Opinion or Order Filing 13 ELECTRONIC SUMMONS ISSUED as to AT&T Mobility LLC. (sj)
January 28, 2021 Opinion or Order Filing 12 ELECTRONIC SUMMONS ISSUED as to AT&T Corp.. (sj)
January 28, 2021 Opinion or Order Case Eligible for Patent Pilot Program. (sj)
January 27, 2021 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Stephen Patrick Farrelly on behalf of Network Apps, LLC, Kyle Schei, John Wantz..(Farrelly, Stephen)
January 27, 2021 Opinion or Order Filing 10 ELECTRONIC SUMMONS ISSUED as to AT&T Inc.. (sj)
January 27, 2021 Opinion or Order Filing 9 ELECTRONIC SUMMONS ISSUED as to AT&T Services, Inc.. (sj)
January 27, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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..(sj)
January 27, 2021 Opinion or Order Magistrate Judge Robert W. Lehrburger 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. (sj)
January 27, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeffrey A. Mitchell. The party information for the following party/parties has been modified: Network Apps, LLC; Kyle Schei; John Wantz; AT&T Corp.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (sj)
January 27, 2021 Opinion or Order Case Designated ECF. (sj)
January 26, 2021 Opinion or Order Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NETWORK APPS, LLC..(Mitchell, Jeffrey)
January 26, 2021 Opinion or Order Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to AT&T Services, Inc., re: #1 Complaint,,. Document filed by NETWORK APPS, LLC, KYLE SCHEI, JOHN WANTZ..(Mitchell, Jeffrey)
January 26, 2021 Opinion or Order Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to AT&T Mobility LLC, re: #1 Complaint,,. Document filed by NETWORK APPS, LLC, KYLE SCHEI, JOHN WANTZ..(Mitchell, Jeffrey)
January 26, 2021 Opinion or Order Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to AT&T Corp., re: #1 Complaint,,. Document filed by NETWORK APPS, LLC, KYLE SCHEI, JOHN WANTZ..(Mitchell, Jeffrey)
January 26, 2021 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to AT&T Inc., re: #1 Complaint,,. Document filed by NETWORK APPS, LLC, KYLE SCHEI, JOHN WANTZ..(Mitchell, Jeffrey)
January 26, 2021 Opinion or Order Filing 3 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Mitchell, Jeffrey)
January 26, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Mitchell, Jeffrey)
January 26, 2021 Opinion or Order Filing 1 COMPLAINT against AT&T CORP., AT&T Inc., AT&T Mobility LLC, AT&T Services, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-23698809)Document filed by NETWORK APPS, LLC, JOHN WANTZ, KYLE SCHEI. (Attachments: #1 Exhibit Ex. 1: Patent 9,438,728, #2 Exhibit Ex. 2: Patent 9,723,462, #3 Exhibit Ex. 3: 10/7/2013 Email, #4 Exhibit Ex. 4: 11/1/2013 Email, #5 Exhibit Ex. 5: 12/24/2013 Email, #6 Exhibit Ex. 6: 10/23/2014 Email, #7 Exhibit Ex. 7: K. Tillman LinkedIn profile).(Mitchell, Jeffrey)

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Search for this case: Network Apps, LLC et al v. AT&T Inc. et al
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Plaintiff: KYLE SCHEI
Represented By: Jeffrey A. Mitchell
Represented By: Peter Wayne Ross
Represented By: Michael Reeder
Represented By: Kevin Eugene Cadwell
Represented By: Richard A. Schwartz
Represented By: Stephen Patrick Farrelly
Represented By: Lisa Maria Thomas
Represented By: David R. Clonts
Represented By: David E. Potter
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Plaintiff: JOHN WANTZ
Represented By: Jeffrey A. Mitchell
Represented By: Peter Wayne Ross
Represented By: Michael Reeder
Represented By: Kevin Eugene Cadwell
Represented By: Richard A. Schwartz
Represented By: Stephen Patrick Farrelly
Represented By: Lisa Maria Thomas
Represented By: David R. Clonts
Represented By: David E. Potter
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Plaintiff: NETWORK APPS, LLC
Represented By: Jeffrey A. Mitchell
Represented By: Peter Wayne Ross
Represented By: Michael Reeder
Represented By: Kevin Eugene Cadwell
Represented By: Richard A. Schwartz
Represented By: Stephen Patrick Farrelly
Represented By: Lisa Maria Thomas
Represented By: David R. Clonts
Represented By: David E. Potter
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Defendant: AT&T CORP.
Represented By: Katherine Kenney Solomon
Represented By: Robert R. Laurenzi
Represented By: Christopher W. Kennerly
Represented By: Alexander Lee
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Defendant: AT&T Services, Inc.
Represented By: Katherine Kenney Solomon
Represented By: Robert R. Laurenzi
Represented By: Christopher W. Kennerly
Represented By: Alexander Lee
Represented By: Joshua Yin
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Defendant: AT&T Inc.
Represented By: Katherine Kenney Solomon
Represented By: Robert R. Laurenzi
Represented By: Christopher W. Kennerly
Represented By: Alexander Lee
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Defendant: AT&T Mobility LLC
Represented By: Katherine Kenney Solomon
Represented By: Robert R. Laurenzi
Represented By: Christopher W. Kennerly
Represented By: Alexander Lee
Represented By: Joshua Yin
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