Social Positioning Input Systems, LLC v. Nexcelerate, LLC
Plaintiff: Social Positioning Input Systems, LLC
Defendant: Nexcelerate, LLC d/b/a Btracking.Com and Nexcelerate, LLC doing business as Btracking.Com
Counter Claimant: Nexcelerate, LLC
Case Number: 7:2021cv09247
Filed: November 9, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Philip M Halpern
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2021 Opinion or Order Filing 18 JOINT STIPULATION AND ORDER OF DISMISSAL: Plaintiff Social Positioning Input Systems, LLC, and Defendant Nexcelerate, LLC d/b/a Btracking.com, by their respective undersigned counsel, hereby STIPULATE and AGREE as follows: 1. All claims asserted by the Plaintiff in this Action are dismissed with prejudice and all counter-claims asserted by the Defendant in this Action are dismissed without prejudice under Fed. R. Civ. P. 41(a)(l)(A)(ii); 2. Each party shall bear its own costs and attorneys' fees with respect to the matters dismissed hereby; This Stipulation and Order shall finally resolve the Action between the parties. (Signed by Judge Philip M. Halpern on 12/20/2021) (jca)
December 17, 2021 Filing 17 PROPOSED STIPULATION AND ORDER. Document filed by Social Positioning Input Systems, LLC..(Johnson, Jay)
December 17, 2021 Filing 16 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - 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, against the defendant(s) Nexcelerate, LLC pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Social Positioning Input Systems, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Johnson, Jay) Modified on 12/17/2021 (dt).
December 17, 2021 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Johnson, Jay to RE-FILE Document #16 Stipulation of Voluntary Dismissal. Use the event type Proposed Stipulation and Order found under the event list Proposed Orders. Before refiling add SO ORDERED at the bottom of Signature page with signature line. (dt)
December 17, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for NEIL J. MCNABNAY to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25480239. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
December 16, 2021 Filing 15 MOTION for NEIL J. MCNABNAY to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25480239. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nexcelerate, LLC. (Attachments: #1 Affidavit Declaration of Neil J. McNabnay, #2 Exhibit Certificate of Good Standing from the Supreme Court of Texas, #3 Text of Proposed Order).(McNabnay, Neil)
December 7, 2021 Filing 14 NOTICE OF INITIAL CONFERENCE: At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. (And as further set forth herein.) Initial Conference set for 3/3/2022 at 11:00 AM before Judge Philip M. Halpern. (jca)
December 6, 2021 Filing 13 ANSWER to #1 Complaint with JURY DEMAND., COUNTERCLAIM against Social Positioning Input Systems, LLC. Document filed by Nexcelerate, LLC..(Hardin-Smith, Excylyn)
December 6, 2021 Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nexcelerate, LLC..(Hardin-Smith, Excylyn)
December 6, 2021 Filing 11 NOTICE OF APPEARANCE by Excylyn Janaize Hardin-Smith on behalf of Nexcelerate, LLC..(Hardin-Smith, Excylyn)
November 22, 2021 Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint served. Nexcelerate, LLC served on 11/15/2021, answer due 12/6/2021. Service was accepted by Lisa Knight, Designated Agent. Document filed by Social Positioning Input Systems, LLC..(Johnson, Jay)
November 16, 2021 Filing 9 MEMO ENDORSEMENT granting #8 MOTION for Jay Johnson to Appear Pro Hac Vice. ENDORSEMENT: The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 8. (Signed by Judge Philip M. Halpern on 11/16/2021) (jca)
November 15, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Jay Johnson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25326359. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
November 12, 2021 Filing 8 MOTION for Jay Johnson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25326359. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Social Positioning Input Systems, LLC. (Attachments: #1 Affidavit, #2 Proposed Order).(Johnson, Jay)
November 10, 2021 Filing 7 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)..(pc)
November 10, 2021 Filing 6 ELECTRONIC SUMMONS ISSUED as to Nexcelerate, LLC..(pc)
November 10, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jay B. Johnson. The party information for the following party/parties has been modified: Nexcelerate, LLC d/b/a Btracking.Com. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (pc)
November 10, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jay B. Johnson. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc)
November 10, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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..(pc)
November 10, 2021 Magistrate Judge Judith C. McCarthy 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. (pc)
November 10, 2021 Case Designated ECF. (pc)
November 9, 2021 Filing 5 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Johnson, Jay)
November 9, 2021 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Patent Asset Management, LLC for Social Positioning Input Systems, LLC. Document filed by Social Positioning Input Systems, LLC..(Johnson, Jay)
November 9, 2021 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Nexcelerate, LLC d/b/a Btracking.com, re: #1 Complaint. Document filed by Social Positioning Input Systems, LLC..(Johnson, Jay)
November 9, 2021 Filing 2 CIVIL COVER SHEET filed..(Johnson, Jay)
November 9, 2021 Filing 1 COMPLAINT against Nexcelerate, LLC d/b/a Btracking.Com. (Filing Fee $ 402.00, Receipt Number ANYSDC-25307469)Document filed by Social Positioning Input Systems, LLC. (Attachments: #1 Exhibit A).(Johnson, Jay)

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Plaintiff: Social Positioning Input Systems, LLC
Represented By: Jay B. Johnson
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Defendant: Nexcelerate, LLC d/b/a Btracking.Com
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Defendant: Nexcelerate, LLC doing business as Btracking.Com
Represented By: Excylyn Janaize Hardin-Smith
Represented By: Neil J. McNabnay
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Counter claimant: Nexcelerate, LLC
Represented By: Excylyn Janaize Hardin-Smith
Represented By: Neil J. McNabnay
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