Mitek Systems, Inc. v. United Services Automobile Association
Plaintiff: Mitek Systems, Inc.
Defendant: United Services Automobile Association
Case Number: 2:2020cv00115
Filed: April 23, 2020
Court: US District Court for the Eastern District of Texas
Office: Marshall Office
Presiding Judge: Rodney Gilstrap
Nature of Suit: Patent
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 19, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 19, 2020 Filing 51 NOTICE of Attorney Appearance by Michael E Jones on behalf of Mitek Systems, Inc. (Jones, Michael)
June 19, 2020 Filing 50 ***FILED IN ERROR***NOTICE of Attorney Appearance by Michael E Jones on behalf of United Services Automobile Association (Jones, Michael) Modified on 6/19/2020 (ch, ).
June 19, 2020 ***FILED IN ERROR. Document # 50, Notice of Appearance. PLEASE IGNORE.*** (ch, )
June 17, 2020 Opinion or Order Filing 49 ORDER - Scheduling Conference set for 7/20/2020 09:00 AM before District Judge Rodney Gilstrap. Signed by District Judge Rodney Gilstrap on 6/17/2020. (ch, )
April 24, 2020 Filing 48 NOTICE of Attorney Appearance - Pro Hac Vice by Lisa Sharrock Glasser on behalf of United Services Automobile Association. Filing fee $ 100, receipt number 0540-7765746. (Glasser, Lisa)
April 23, 2020 Filing 47 NOTICE of Attorney Appearance by Robert Christopher Bunt on behalf of United Services Automobile Association (Bunt, Robert)
April 23, 2020 Filing 46 Case transferred in from District of California Northern; Case Number 3:19-cv-07223. Original file certified copy of transfer order and docket sheet received.
April 21, 2020 Opinion or Order Filing 45 ORDER by Judge Edward M. Chen Granting #19 Defendant's Motion to Transfer; Granting #30 Defendant's Administrative Motion for Leave to File Response; and Overruling #28 Plaintiff's Objection to Reply Evidence. (emcsec, COURT STAFF) (Filed on 4/21/2020) [Transferred from California Northern on 4/23/2020.]
April 21, 2020 case electronically transmitted to the United States District Court for the Eastern District of Texas. (tnS, COURT STAFF) (Filed on 4/21/2020) [Transferred from California Northern on 4/23/2020.]
April 17, 2020 Opinion or Order Filing 44 Order by Judge Edward M. Chen granting #29 Administrative Motion to File Under Seal.(afmS, COURT STAFF) (Filed on 4/17/2020) [Transferred from California Northern on 4/23/2020.]
April 17, 2020 Opinion or Order Filing 43 Order by Judge Edward M. Chen granting #25 Administrative Motion to File Under Seal.(afmS, COURT STAFF) (Filed on 4/17/2020) [Transferred from California Northern on 4/23/2020.]
April 9, 2020 Filing 42 Supplemental Brief re #19 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Transfer Case filed by Mitek Systems, Inc.. (Related document(s) #19 ) (Stern, Claude) (Filed on 4/9/2020) [Transferred from California Northern on 4/23/2020.]
April 9, 2020 Filing 41 Supplemental Brief Responding to the Court's April 2, Order (DKT.40) re #19 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Transfer Case filed by United Services Automobile Association. (Related document(s) #19 ) (Glasser, Lisa) (Filed on 4/9/2020) [Transferred from California Northern on 4/23/2020.]
April 2, 2020 Filing 40 CLERK'S NOTICE. The Court has reviewed the supplemental briefs filed by the parties. Having reviewed the briefs, the Court asks the parties to provide additional briefing on the following: (1) could Mitek have filed this lawsuit in the Southern District of California and (2) if so, should this case be transferred to the Southern District of California pursuant to 28 U.S.C. 1404(a)? Each party's brief shall be filed within a week of this notice and shall be no longer than seven (7) pages. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 4/2/2020) [Transferred from California Northern on 4/23/2020.]
April 1, 2020 Filing 39 Supplemental Brief Responding to the Court's March 25 Order (DKT.37) re #19 MOTION to Dismiss for Lack of Jurisdiction, and MOTION to Transfer Case filed by United Services Automobile Association. (Attachments: #1 Declaration ISO USAA's Supplemental Brief, #2 Exhibit 1 to Glasser Declaration)(Related document(s) #19 ) (Glasser, Lisa) (Filed on 4/1/2020) [Transferred from California Northern on 4/23/2020.]
April 1, 2020 Filing 38 Supplemental Brief Regarding Venue re #19 MOTION to Dismiss for Lack of Jurisdiction, and MOTION to Transfer Case filed by Mitek Systems, Inc.. (Related document(s) #19 ) (Stern, Claude) (Filed on 4/1/2020) [Transferred from California Northern on 4/23/2020.]
March 25, 2020 Opinion or Order Filing 37 ORDER Re Supplemental Briefing. Signed by Judge Edward M. Chen on 3/25/2020. (emcsec, COURT STAFF) (Filed on 3/25/2020) [Transferred from California Northern on 4/23/2020.]
March 24, 2020 Opinion or Order Filing 36 Order by Judge Edward M. Chen granting #35 Stipulation selecting Private ADR.(afmS, COURT STAFF) (Filed on 3/24/2020) [Transferred from California Northern on 4/23/2020.]
March 24, 2020 Filing 35 STIPULATION and [Proposed] Order Selecting Private ADR filed by Mitek Systems, Inc. and United Services Automobile Association filed by Mitek Systems, Inc.. (Mack, Brian) (Filed on 3/24/2020) [Transferred from California Northern on 4/23/2020.]
March 24, 2020 Filing 34 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Mack, Brian) (Filed on 3/24/2020) [Transferred from California Northern on 4/23/2020.]
March 22, 2020 Filing 33 CLERK'S NOTICE VACATING HEARING PURSUANT TO ORDER OF THE COURT: Oral argument on #19 Motion to Dismiss and/or Motion to Transfer and Initial Case Management Conference set for 4/9/2020 are vacated. Current briefing deadlines remain unchanged. Court reserves the right to, e.g., 1) take motion under submission; 2) may order supplemental briefing; 3) hold telephonic hearing; or 4) continue hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 3/22/2020) [Transferred from California Northern on 4/23/2020.]
March 20, 2020 Filing 32 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 3/20/2020) [Transferred from California Northern on 4/23/2020.]
March 2, 2020 Filing 31 CERTIFICATE OF SERVICE by United Services Automobile Association re #29 Administrative Motion to File Under Seal (Glasser, Lisa) (Filed on 3/2/2020) [Transferred from California Northern on 4/23/2020.]
March 2, 2020 Filing 30 ADMINISTRATIVE MOTION for Leave to File Response re #28 Objection filed by United Services Automobile Association. Responses due by 3/6/2020. (Attachments: #1 Exhibit A, #2 Proposed Order)(Glasser, Lisa) (Filed on 3/2/2020) [Transferred from California Northern on 4/23/2020.]
March 2, 2020 Filing 29 Administrative Motion to File Under Seal filed by United Services Automobile Association. (Attachments: #1 Declaration of Lisa S. Glasser, #2 Proposed Order, #3 Motion for Leave to Respond [REDACTED], #4 Motion for Leave to Respond [UNREDACTED], #5 Exhibit A [REDACTED], #6 Exhibit A [UNREDACTED])(Glasser, Lisa) (Filed on 3/2/2020) [Transferred from California Northern on 4/23/2020.]
February 26, 2020 Filing 28 OBJECTIONS to New Evidence in Reply re #26 Reply to Opposition/Response filed by Mitek Systems, Inc.. (Stern, Claude) (Filed on 2/26/2020) [Transferred from California Northern on 4/23/2020.]
February 19, 2020 Filing 27 CERTIFICATE OF SERVICE by United Services Automobile Association re #25 Administrative Motion to File Under Seal USAA's Reply ISO Motion to Dismiss or Transfer to Wells Fargo (Glasser, Lisa) (Filed on 2/19/2020) [Transferred from California Northern on 4/23/2020.]
February 19, 2020 Filing 26 REPLY (re #19 MOTION to Dismiss for Lack of Jurisdiction, or MOTION to Transfer) filed by United Services Automobile Association. (Attachments: #(1) Declaration of Michael Parks, #(2) Declaration of Lisa S. Glasser, #(3) Exhibit 1, #(4) Exhibit 2)(Glasser, Lisa) (Filed on 2/19/2020) [Transferred from California Northern on 4/23/2020.]
February 19, 2020 Filing 25 Administrative Motion to File Under Seal USAA's Reply ISO Motion to Dismiss or Transfer filed by United Services Automobile Association. (Attachments: #1 Proposed Order, #2 Declaration of Lisa S. Glasser, #3 Redacted Reply Brief, #4 Unredacted Reply Brief, #5 Exhibit 1 (Redacted), #6 Exhibit 1 (Unredacted))(Glasser, Lisa) (Filed on 2/19/2020) [Transferred from California Northern on 4/23/2020.]
February 5, 2020 Filing 24 OPPOSITION/RESPONSE to (re #19 MOTION to Dismiss for Lack of Jurisdiction and/or MOTION to Transfer Case) filed by Mitek Systems, Inc.. (Attachments: #1 Declaration of Max Carnecchia, #2 Declaration of Claude Stern, #3 Exhibit 1-A, #4 Exhibit 1-B, #5 Exhibit 1-C, #6 Exhibit 1-D, #7 Exhibit 1-E, #8 Exhibit 1-F, #9 Exhibit 1-G, #10 Exhibit 1-H, #11 Exhibit 1-I, #12 Exhibit 1-J, #13 Exhibit 2, #14 Exhibit 3, #15 Exhibit 4, #16 Exhibit 5, #17 Exhibit 6, #18 Exhibit 7, #19 Exhibit 8, #20 Exhibit 9, #21 Exhibit 10, #22 Exhibit 11)(Stern, Claude) (Filed on 2/5/2020) [Transferred from California Northern on 4/23/2020.]
January 24, 2020 Opinion or Order Filing 23 Order by Judge Edward M. Chen granting #22 Stipulation to Continue Hearing and Modify Briefing Schedule. Hearing re #19 Motion to Dismiss and Initial Case Management Conference set for 4/9/2020 01:30 PM in San Francisco, Courtroom 05, 17th Floor. Joint Case Management Statement due by 4/2/2020.(afmS, COURT STAFF) (Filed on 1/24/2020) [Transferred from California Northern on 4/23/2020.]
January 24, 2020 Filing 22 STIPULATION AND [PROPOSED] ORDER to Continue Hearing Date and Modify Briefing Schedule re #19 MOTION to Dismiss for Lack of Jurisdiction, and MOTION to Transfer Case filed by Mitek Systems, Inc.. (Attachments: #(1) [Proposed] Order)(Stern, Claude) (Filed on 1/24/2020) [Transferred from California Northern on 4/23/2020.]
January 24, 2020 Set/Reset Deadlines as to #19 MOTION to Dismiss for Lack of Jurisdiction MOTION to Transfer Case . Responses due by 2/5/2020. Replies due by 2/19/2020. Motion Hearing set for 4/9/2020 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. (afmS, COURT STAFF) (Filed on 1/24/2020) [Transferred from California Northern on 4/23/2020.]
January 15, 2020 Filing 21 NOTICE of Appearance by Jason George Sheasby (Sheasby, Jason) (Filed on 1/15/2020) [Transferred from California Northern on 4/23/2020.]
January 15, 2020 Filing 20 Certification of Interested Entities or Persons (Civil L.R. 3-15) filed by United Services Automobile Association (Glasser, Lisa) (Filed on 1/15/2020) [Transferred from California Northern on 4/23/2020.]
January 15, 2020 Filing 19 NOTICE OF MOTION & MOTION to Dismiss for Lack of Jurisdiction or MOTION to Transfer Case filed by United Services Automobile Association. Motion Hearing set for 3/5/2020 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 1/29/2020. Replies due by 2/5/2020. (Attachments: #1 Declaration Glasser Declaration ISO Motion to Dismiss or Transfer, #2 Exhibit Ex. 1 to Glasser Declaration, #3 Exhibit Ex. 2 to Glasser Declaration, #4 Exhibit Ex. 3 to Glasser Declaration, #5 Exhibit Ex. 4 to Glasser Declaration, #6 Exhibit Ex. 5 to Glasser Declaration, #7 Exhibit Ex. 6 to Glasser Declaration, #8 Exhibit Ex. 7 to Glasser Declaration, #9 Exhibit Ex. 8 to Glasser Declaration, #10 Exhibit Ex. 9 to Glasser Declaration, #11 Exhibit Ex. 10 to Glasser Declaration, #12 Exhibit Ex. 11 to Glasser Declaration, #13 Proposed Order Proposed Order ISO USAA's Motion to Dismiss or Transfer)(Glasser, Lisa) (Filed on 1/15/2020) [Transferred from California Northern on 4/23/2020.]
December 3, 2019 Filing 18 CERTIFICATE OF SERVICE by Mitek Systems, Inc. (Mack, Brian) (Filed on 12/3/2019) [Transferred from California Northern on 4/23/2020.]
November 29, 2019 Opinion or Order Filing 17 CASE MANAGEMENT CONFERENCE ORDER IN REASSIGNED CASE: Initial Case Management Conference set for 3/12/2020 09:30 AM in San Francisco, Courtroom 05, 17th Floor. Joint Case Management Statement due by 3/5/2020. Signed by Judge Edward M. Chen on 11/29/2019. (afmS, COURT STAFF) (Filed on 11/29/2019) [Transferred from California Northern on 4/23/2020.]
November 26, 2019 Opinion or Order Filing 16 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M. Chen for all further proceedings. Judge Judge Nathanael M. Cousins no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 11/26/2019. (sfbS, COURT STAFF) (Filed on 11/26/2019) (Additional attachment(s) added on 11/26/2019: #1 Notice of Eligibility for Video Recording) (sfbS, COURT STAFF). [Transferred from California Northern on 4/23/2020.]
November 25, 2019 Filing 15 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 11/25/2019) [Transferred from California Northern on 4/23/2020.]
November 25, 2019 Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United Services Automobile Association.. (Glasser, Lisa) (Filed on 11/25/2019) [Transferred from California Northern on 4/23/2020.]
November 21, 2019 Filing 13 STIPULATION to Extend Time for Defendant to Respond to Complaint until 01/15/2020 Pursuant to L.R.6-1 filed by United Services Automobile Association. (Glasser, Lisa) (Filed on 11/21/2019) [Transferred from California Northern on 4/23/2020.]
November 20, 2019 Filing 12 NOTICE of Appearance by Michael Dongho Yoo (Yoo, Michael) (Filed on 11/20/2019) [Transferred from California Northern on 4/23/2020.]
November 15, 2019 Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mitek Systems, Inc... (Stern, Claude) (Filed on 11/15/2019) [Transferred from California Northern on 4/23/2020.]
November 12, 2019 Filing 10 NOTICE of Appearance by David Eiseman, IV (Eiseman, David) (Filed on 11/12/2019) [Transferred from California Northern on 4/23/2020.]
November 6, 2019 Filing 9 SUMMONS Returned Executed by Mitek Systems, Inc.. United Services Automobile Association served on 11/4/2019, answer due 11/25/2019. (Mack, Brian) (Filed on 11/6/2019) [Transferred from California Northern on 4/23/2020.]
November 6, 2019 #Electronic filing error. Incorrect event used. [err101] Re-File as Summons Returned ExecutedPlease re-file in its entirety. Re: #8 Certificate of Service filed by Mit ek Systems, Inc. (sfbS, COURT STAFF) (Filed on 11/6/2019) [Transferred from California Northern on 4/23/2020.]
November 5, 2019 Filing 8 *Filing Error* CERTIFICATE OF SERVICE by Mitek Systems, Inc. PROOF OF SERVICE OF SUMMONS AND COMPLAINT IN A CIVIL CASE (Mack, Brian) (Filed on 11/5/2019) Modified on 11/6/2019 (sfbS, COURT STAFF). [Transferred from California Northern on 4/23/2020.]
November 1, 2019 Filing 7 Summons Issued as to United Services Automobile Association. (dhmS, COURT STAFF) (Filed on 11/1/2019) [Transferred from California Northern on 4/23/2020.]
November 1, 2019 Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/29/2020. Initial Case Management Conference set for 2/5/2020 10:00 AM in San Jose, Courtroom 5, 4th Floor. (dhmS, COURT STAFF) (Filed on 11/1/2019)[Transferred from California Northern on 4/23/2020.]
November 1, 2019 Filing 5 Case assigned to Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/15/2019. (bwS, COURT STAFF) (Filed on 11/1/2019) [Transferred from California Northern on 4/23/2020.]
November 1, 2019 Filing 4 NOTICE of Appearance by Brian E Mack (Mack, Brian) (Filed on 11/1/2019) [Transferred from California Northern on 4/23/2020.]
November 1, 2019 Filing 3 Proposed Summons. (Stern, Claude) (Filed on 11/1/2019) [Transferred from California Northern on 4/23/2020.]
November 1, 2019 Filing 2 Certificate of Interested Entities by Mitek Systems, Inc. (Stern, Claude) (Filed on 11/1/2019) [Transferred from California Northern on 4/23/2020.]
November 1, 2019 Filing 1 COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT against United Services Automobile Association ( Filing fee $ 400, receipt number 0971-13846891.). Filed byMitek Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet Civil Cover Sheet, #8 Civil Cover Sheet Attachment to Civil Cover Sheet)(Stern, Claude) (Filed on 11/1/2019) [Transferred from California Northern on 4/23/2020.]

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Plaintiff: Mitek Systems, Inc.
Represented By: David Eiseman, IV
Represented By: Brian E Mack
Represented By: Claude M Stern
Represented By: Michael E Jones
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Defendant: United Services Automobile Association
Represented By: Robert Christopher Bunt
Represented By: Lisa Sharrock Glasser
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