Automated Transactions LLC v. First Niagara Financial Group, Inc. et al
| Automated Transactions LLC |
| First Niagara Financial Group, Inc. and First Niagara Bank |
| 1:2010cv00432 |
| May 21, 2010 |
| US District Court for the Western District of New York |
| Buffalo Office |
| XX US, Outside State |
| Leslie G Foschio |
| William M Skretny |
| Patent |
| 35 U.S.C. § 183 |
| Defendant |
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| File is archived at the Federal Records Center. Location information: Accession 021-14-0566 Location KLS-01-OC-020-2-015-01-001 Box 19To obtain copies of documents for a fee, you may contact the Federal Records Center directly at their website: http://www.archives.gov/frc/. They will require the location information contained in this entry. You may also contact the Clerks Office to have the file shipped to the Court for your review or for copies of documents. Please refer to the current fee schedule to determine the cost to obtain documents or order the file for review. The fee schedule is located on our Public Web Site: http://www.nywd.uscourts.gov/fee-schedule (MD) |
| Filing 40 TEXT ORDER This Court has been advised that this case is a duplicate of a previously filed case 10-cv-407A Automated Transactions LLC vs. First Niagara Financial Group, Inc. et al. IT HEREBY IS ORDERED that this case, 10-cv-432S be consolidated into 10-cv-407A and that the Hon. Richard J. Arcara will continue to preside over the case. FURTHER, that the Clerk of the Court shall take the steps necessary to consolidate and thereafter close 10-cv-432S. FURTHER, that the Referral Order filed on June 4, 2010 in case 10-cv-432S is vacated. FURTHER, that all future filings are to be done in case 10-cv-407A. SO ORDERED: Issued by William M. Skretny, Chief Judge U.S.D.C. on 6/25/2010. (MEAL) |
Filing 39
**REFERRAL ORDER VACATED PURSUANT TO ORDER FILED 6/25/2010 CONSOLIDATING THIS ACTION INTO 10CV407***TEXT REFERRAL ORDER - Hon. Leslie G. Foschio, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Chief Judge William M. Skretny on 6/4/2010. (JCD) Modified on 6/28/2010 (JMM).
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| Filing 38 ADR Notice and Plan electronically forwarded to attorneys.(DR) |
| NOTICE OF LOCAL RULE 83.2 REQUIREMENT: An attorney who does not maintain an office in this District may appear in an action, and, as appropriate, such attorney shall apply for admission pro hac vice pursuant to Local Rule of Civil Procedure 83.2. Such Attorney, whether or not admitted to practice in this District, shall obtain local counsel unless such requirement is waived by the Court. An Application to proceed without local counsel must be made in writing within 30 days of the attorney's initial filing and shall be granted for good cause shown and in the discretion of the Court. (DR) |
| AUTOMATIC REFERRAL to Mediation. (DR) |
| Filing 37 Case transferred in from District of New York Southern; Case Number 1:09-cv-09668. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Western District of New York (js) [Transferred from nysd on 5/21/2010.] |
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Filing 36
ORDER: For the reasons set forth on the record today, defendants' motion to transfer this action pursuant to 28 U.S.C. 1404(a) to the Western District of New York #16 is granted. (Signed by Judge Sidney H. Stein on 5/7/2010) (jfe) [Transferred from nysd on 5/21/2010.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #36 Order on Motion to Change Venue, to the Docket Assistant Clerk for case processing. (jfe) [Transferred from nysd on 5/21/2010.] |
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Filing 35
ORDER: It is hereby ordered that there will be a pretrial conference on May 7, 2010, at 3:00 p.m. Out of town counsel may appear by telephone. So Ordered (Signed by Judge Sidney H. Stein on 5/5/2010) (js) [Transferred from nysd on 5/21/2010.]
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| Filing 34 CERTIFICATE OF SERVICE of Notice to Inspect Pursuant to Fed.R.Civ.P. 34 served on First Niagara Financial Group, Inc. and First Niagara Bank on May 4, 2010. Service was accepted by Paul I. Perlman, Esq.. Service was made by First Class Mail and E-Mail. Document filed by Automated Transactions LLC. (Diebner, Gerard) [Transferred from nysd on 5/21/2010.] |
| Filing 33 DECLARATION of Paul I. Perlman in Support re: #16 MOTION to Change Venue.. Document filed by First Niagara Financial Group, Inc., First Niagara Bank. (Perlman, Paul) [Transferred from nysd on 5/21/2010.] |
| Filing 32 REPLY MEMORANDUM OF LAW in Support re: #16 MOTION to Change Venue.. Document filed by First Niagara Financial Group, Inc., First Niagara Bank. (Perlman, Paul) [Transferred from nysd on 5/21/2010.] |
| Set/Reset Deadlines as to #16 MOTION to Change Venue. Responses due by 4/27/2010 (tro) [Transferred from nysd on 5/21/2010.] |
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Filing 31
MEMO ENDORSEMENT granting #26 Motion for Extension of Time. ENDORSEMENT: SO ORDERED. (Signed by Judge Sidney H. Stein on 4/27/2010) (tro) [Transferred from nysd on 5/21/2010.]
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| Filing 30 DECLARATION of David M. Barcelou in Opposition re: #16 MOTION to Change Venue.. Document filed by Automated Transactions LLC. (Diebner, Gerard) [Transferred from nysd on 5/21/2010.] |
| Filing 29 DECLARATION of Gerard A. Diebner in Opposition re: #16 MOTION to Change Venue.. Document filed by Automated Transactions LLC. (Attachments: #1 Exhibit A)(Diebner, Gerard) [Transferred from nysd on 5/21/2010.] |
| Filing 28 MEMORANDUM OF LAW in Opposition re: #16 MOTION to Change Venue.. Document filed by Automated Transactions LLC. (Diebner, Gerard) [Transferred from nysd on 5/21/2010.] |
| Filing 27 CERTIFICATE OF SERVICE of Plaintiff's Supplemental Initial Disclosures Pursuant to Fed.R.Civ. P. 26(a)(1) served on First Niagara Financial Group, Inc. and First Niagara Bank on April 27, 2010. Service was accepted by Paul I. Perlman, Esq.. Service was made by First Class Mail and E-Mail. Document filed by Automated Transactions LLC. (Diebner, Gerard) [Transferred from nysd on 5/21/2010.] |
| Filing 26 MOTION for Extension of Time. Document filed by Automated Transactions LLC.(Diebner, Gerard) [Transferred from nysd on 5/21/2010.] |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Gerard F Diebner to E-MAIL Document No. #25 Stipulation. This document is not filed via ECF. (db) [Transferred from nysd on 5/21/2010.] |
| Filing 25 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time. Document filed by Automated Transactions LLC.(Diebner, Gerard) Modified on 4/23/2010 (db). [Transferred from nysd on 5/21/2010.] |
| Filing 24 NOTICE OF CHANGE OF ADDRESS by Jessica Lorraine Copeland on behalf of First Niagara Bank. New Address: Hodgson Russ LLP, The Guaranty Building, 140 Pearl Street, Suite 100, Buffalo, New York, 14202, 716-848-1461. (Copeland, Jessica) [Transferred from nysd on 5/21/2010.] |
| Filing 23 NOTICE OF APPEARANCE by Jessica Lorraine Copeland on behalf of First Niagara Financial Group, Inc., First Niagara Bank (Copeland, Jessica) [Transferred from nysd on 5/21/2010.] |
| Filing 22 DECLARATION of Tani Juarez in Support re: #16 MOTION to Change Venue.. Document filed by First Niagara Financial Group, Inc., First Niagara Bank. (Perlman, Paul) [Transferred from nysd on 5/21/2010.] |
| Filing 21 DECLARATION of Joy M. Young in Support re: #16 MOTION to Change Venue.. Document filed by First Niagara Financial Group, Inc., First Niagara Bank. (Perlman, Paul) [Transferred from nysd on 5/21/2010.] |
| Filing 20 DECLARATION of Dennis Wizner in Support re: #16 MOTION to Change Venue.. Document filed by First Niagara Financial Group, Inc., First Niagara Bank. (Perlman, Paul) [Transferred from nysd on 5/21/2010.] |
| Filing 19 DECLARATION of Judy L. Balkin in Support re: #16 MOTION to Change Venue.. Document filed by First Niagara Financial Group, Inc., First Niagara Bank. (Perlman, Paul) [Transferred from nysd on 5/21/2010.] |
| Filing 18 DECLARATION of Paul I. Perlman in Support re: #16 MOTION to Change Venue.. Document filed by First Niagara Financial Group, Inc., First Niagara Bank. (Perlman, Paul) [Transferred from nysd on 5/21/2010.] |
| Filing 17 MEMORANDUM OF LAW in Support re: #16 MOTION to Change Venue.. Document filed by First Niagara Financial Group, Inc., First Niagara Bank. (Perlman, Paul) [Transferred from nysd on 5/21/2010.] |
| Filing 16 MOTION to Change Venue. Document filed by First Niagara Financial Group, Inc., First Niagara Bank.(Perlman, Paul) [Transferred from nysd on 5/21/2010.] |
| Filing 15 RESPONSE re: #13 Answer to Complaint, Counterclaim. Document filed by Automated Transactions LLC. (Diebner, Gerard) [Transferred from nysd on 5/21/2010.] |
| Filing 14 CERTIFICATE OF SERVICE of Plaintiff's Initial Disclosures Pursuant to Fed.R.Civ. P. 26(a)(1) served on First Niagara Financial Group, Inc. and First Niagara Bank on April 6, 2010. Service was accepted by Paul I. Perlman, Esq.. Service was made by First Class Mail and E-Mail. Document filed by Automated Transactions LLC. (Diebner, Gerard) [Transferred from nysd on 5/21/2010.] |
| Filing 13 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Automated Transactions LLC. Document filed by First Niagara Financial Group, Inc., First Niagara Bank.(Perlman, Paul) [Transferred from nysd on 5/21/2010.] |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying First Niagara Financial Group, Inc. as Corporate Parent. Document filed by First Niagara Bank.(Perlman, Paul) [Transferred from nysd on 5/21/2010.] |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by First Niagara Financial Group, Inc., First Niagara Bank.(Perlman, Paul) [Transferred from nysd on 5/21/2010.] |
| ***DELETED DOCUMENT. Deleted document number #11 order. The document was incorrectly filed in this case. (dle) [Transferred from nysd on 5/21/2010.] |
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Filing 10
ORDER: Defendants' answer to the complaint is due on or before March 23, 2010. Plaintiffs replies to defendants' counterclaims, if any, are due on or before April 12, 2010. The last day for completion of fact discovery is August 13, 2010. The last day for completion of expert depositions is November 5, 2010; Markman briefs are due on or before December 3,2010, opposition briefs are due on or before December 23, 2010, and reply briefs are due on or before January 13, 2011. There will be a pretrial conference on July 8, 2010, at 10:00 a.m. SO ORDERED. (Signed by Judge Sidney H. Stein on 3/12/2010) (tve) [Transferred from nysd on 5/21/2010.]
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| CASHIERS OFFICE REMARK on #8 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 03/08/2010, Receipt Number 896574. (jd) [Transferred from nysd on 5/21/2010.] |
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Filing 9
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #8 Motion for Jodyann Galvin to Appear Pro Hac Vice. (Signed by Judge Sidney H. Stein on 3/10/2010) (jpo) [Transferred from nysd on 5/21/2010.]
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| Filing 8 MOTION for Jodyann Galvin to Appear Pro Hac Vice. Document filed by First Niagara Financial Group, Inc., First Niagara Bank.(mro) [Transferred from nysd on 5/21/2010.] |
| Filing 7 NOTICE OF APPEARANCE by Paul I. Perlman on behalf of First Niagara Financial Group, Inc., First Niagara Bank (Perlman, Paul) [Transferred from nysd on 5/21/2010.] |
| Filing 6 AFFIDAVIT OF SERVICE. First Niagara Financial Group, Inc. served on 3/2/2010, answer due 3/23/2010; First Niagara Bank served on 3/2/2010, answer due 3/23/2010. Service was accepted by Paul I. Perlman. Service was made by Mail. Document filed by Automated Transactions LLC. (Jacobs, Albert) [Transferred from nysd on 5/21/2010.] |
| Filing 5 ENDORSED LETTER addressed to Judge Sidney H. Stein from Gerard F. Diebner dated 1/9/2010 re: Counsel for Plaintiff request that the Initial Pre-Trial Conference be adjourned again. ENDORSEMENT: Pretrial conf. adjourned to March 12 at 10:30 A.M. Plt is directed to Fed. R. Civ. P. 4(m). No further adjournments. (Signed by Judge Sidney H. Stein on 2/9/2010) (tro) [Transferred from nysd on 5/21/2010.] |
| Filing 4 ENDORSED LETTER addressed to Judge Sidney H. Stein from Gerard F. Diebner dated 1/5/2010 re: request that the Initial Pre-trial Conference be adjourned. ENDORSEMENT: The conference is adjourned to 2/19/2010 at 11:00 AM. (Signed by Judge Sidney H. Stein on 1/11/2010) (jar) [Transferred from nysd on 5/21/2010.] |
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Filing 3
ORDER FOR INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 1/15/2010 at 11:30 AM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 11/30/2009) (tve) [Transferred from nysd on 5/21/2010.]
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| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Automated Transactions LLC.(rdz) [Transferred from nysd on 5/21/2010.] |
| Filing 1 COMPLAINT against First Niagara Financial Group, Inc., First Niagara Bank. (Filing Fee $ 350.00, Receipt Number 706572)Document filed by Automated Transactions LLC.(rdz) (ama). [Transferred from nysd on 5/21/2010.] |
| SUMMONS ISSUED as to First Niagara Financial Group, Inc., First Niagara Bank. (rdz) [Transferred from nysd on 5/21/2010.] |
| Magistrate Judge Henry B. Pitman is so designated. (rdz) [Transferred from nysd on 5/21/2010.] |
| Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (rdz) [Transferred from nysd on 5/21/2010.] |
| Case Designated ECF. (rdz) [Transferred from nysd on 5/21/2010.] |
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