Applied Predictive Technologies, Inc. v. MarketDial, Inc. et al
Plaintiff: Applied Predictive Technologies, Inc.
Defendant: John M. Stoddard, MarketDial, Inc. and Johnny Stoddard
Case Number: 2:2019cv00496
Filed: July 15, 2019
Court: US District Court for the District of Utah
Office: Central Office
Presiding Judge: Jill N Parrish
Referring Judge: Cecilia M Romero
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 0271
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 23, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 12, 2019 Opinion or Order Filing 113 NOTICE OF WITHDRAWAL OF COUNSEL of Patrick Doll filed by Samuel C. Straight and Request for Removal from Service List on behalf of Applied Predictive Technologies, Inc. (Straight, Samuel)
October 31, 2019 Opinion or Order Filing 112 REQUEST to Submit for Decision re #104 Defendant's MOTION to Dismiss per FRCivP 12(b)(6) filed by Defendants MarketDial, Inc., John M. Stoddard. (Call, Keith)
October 30, 2019 Opinion or Order Filing 111 ORDER granting #109 Motion for Leave to File Excess Pages re #104 Motion to Dismiss. Signed by Magistrate Judge Cecilia M. Romero on 10/30/19 (alt)
October 28, 2019 Opinion or Order Filing 110 REPLY to Response to Motion re #104 Defendant's MOTION to Dismiss and Memorandum in Support Plaintiff's Second Amended Complaint Pursuant to Fed R. Civ. P. 12(b)(6) filed by Defendants MarketDial, Inc., John M. Stoddard. (Attachments: #1 Exhibit 1 - Icon's Compl.)(Call, Keith)
October 28, 2019 Opinion or Order Filing 109 Stipulated MOTION for Leave to File Excess Pages of Briefs on Motion to Dismiss filed by Defendants MarketDial, Inc., John M. Stoddard. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion Regarding Length of Briefs on Motion to Dismiss) Motions referred to Cecilia M. Romero.(Call, Keith)
October 15, 2019 Opinion or Order Filing 108 MEMORANDUM in Opposition re #104 Defendant's MOTION to Dismiss and Memorandum in Support Plaintiff's Second Amended Complaint Pursuant to Fed R. Civ. P. 12(b)(6) (Corrects non-substantive technical errors in Dkt 107) filed by Plaintiff Applied Predictive Technologies, Inc.. (Attachments: #1 Exhibit 1 - MarketDial Homepage, #2 Exhibit 2 - MarketDial Data Engineer Webpage, #3 Exhibit 3 - 4/29/2010 Office Action, #4 Exhibit 4 - 7/29/2010 Response to Office Action, #5 Exhibit 5 - 11/12/2010 Office Action, #6 Exhibit 6 - 3 Ways to Avoid Bias in A/B Testing)(Straight, Samuel)
October 14, 2019 Opinion or Order Filing 107 MEMORANDUM in Opposition re #104 Defendant's MOTION to Dismiss and Memorandum in Support Plaintiff's Second Amended Complaint Pursuant to Fed R. Civ. P. 12(b)(6) filed by Plaintiff Applied Predictive Technologies, Inc.. (Attachments: #1 Exhibit 1 - MarketDial Homepage, #2 Exhibit 2 - MarketDial Data Engineer Webpage, #3 Exhibit 3 - 4/29/2010 Office Action, #4 Exhibit 4 - 7/29/2010 Response to Office Action, #5 Exhibit 5 - 11/12/2010 Office Action, #6 Exhibit 6 - 3 Ways to Avoid Bias in A/B Testing)(Straight, Samuel)
September 13, 2019 Opinion or Order Filing 106 ORDER granting #105 Motion for Admission Pro Hac Vice of Eric L. Sophir for Applied Predictive Technologies, Inc.. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Cecilia M. Romero on 9/13/2019. (jwt)
September 12, 2019 Opinion or Order Filing 105 MOTION for Admission Pro Hac Vice of Eric L. Sophir , Registration fee $ 250, receipt number 1088-3371668, filed by Plaintiff Applied Predictive Technologies, Inc.. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - ECF, #3 Text of Proposed Order)(Straight, Samuel)
September 10, 2019 Opinion or Order Filing 104 Defendant's MOTION to Dismiss and Memorandum in Support Plaintiff's Second Amended Complaint Pursuant to Fed R. Civ. P. 12(b)(6) filed by Defendants MarketDial, Inc., John M. Stoddard. (Call, Keith)
August 30, 2019 Opinion or Order Filing 103 ORDER granting #101 Stipulated Motion to Amend/Correct Complaint and granting Motion for Extension of Time to File Motion to Dismiss. The Second Amended Complaint shall be filed no later than August 29, 2019. Defendants shall have until September 10, 2019 to file a motion to dismiss. Signed by Magistrate Judge Cecilia M. Romero on 8/30/2019. (jds)
August 29, 2019 Opinion or Order Filing 102 AMENDED COMPLAINT (Second) against MarketDial, Inc., John M. Stoddard with Jury Demand. filed by Applied Predictive Technologies, Inc.. (Straight, Samuel)
August 29, 2019 Opinion or Order Filing 101 Stipulated MOTION to Amend/Correct Complaint and Motion to Dismiss and MOTION for Extension of Time to File Motion to Dismiss filed by Defendants MarketDial, Inc., John M. Stoddard. (Attachments: #1 Exhibit 1 - Second Amended Complaint, #2 Text of Proposed Order Granting Stipulated Motion Regarding Amended Complaint and Motion to Dismiss) Motions referred to Cecilia M. Romero.(Call, Keith). Added MOTION for Extension of Time on 8/30/2019 (jds).
August 12, 2019 Opinion or Order Filing 100 NOTICE of Compliance with Civil Standing Order by Applied Predictive Technologies, Inc. (Straight, Samuel)
August 5, 2019 Opinion or Order Filing 99 MEMORANDUM DECISION AND ORDER striking #35 Motion to Dismiss for Failure to State a Claim and supporting memorandum to dismiss counts II and III. ; striking #32 Motion to Dismiss for Failure to State a Claim and supporting memorandum to dismiss count I; granting #34 Defendants unopposed request for judicial notice in support of its motion to dismiss count I. Signed by Judge Jill N. Parrish on 8/5/2019. (jds)
August 2, 2019 Opinion or Order Filing 98 RESPONSE re #81 Request to Submit for Decision,, filed by Applied Predictive Technologies, Inc.. (Straight, Samuel)
August 2, 2019 Opinion or Order Filing 97 NOTICE OF WITHDRAWAL OF COUNSEL of Karen Jacobs and Michael J. Flynn filed by Samuel C. Straight on behalf of Applied Predictive Technologies, Inc. (Straight, Samuel)
August 1, 2019 Opinion or Order Filing 96 ORDER granting #91 Motion for Admission Pro Hac Vice of Andrew Ong for MarketDial, Inc.,Andrew Ong for John M. Stoddard. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Jill N. Parrish on 8/1/2019. (jds)
August 1, 2019 Opinion or Order Filing 95 ORDER granting #90 Motion for Admission Pro Hac Vice of Jennifer D. Bennett for Applied Predictive Technologies, Inc.. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Jill N. Parrish on 8/1/2019. (jds)
August 1, 2019 Opinion or Order Filing 94 ORDER granting #89 Motion for Admission Pro Hac Vice of Patrick Doll for Applied Predictive Technologies, Inc.. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Jill N. Parrish on 8/1/2019. (jds)
August 1, 2019 Opinion or Order Filing 93 ORDER granting #88 Motion for Admission Pro Hac Vice of Nicholas Hunt Jackson for Applied Predictive Technologies, Inc.. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Jill N. Parrish on 8/1/2019. (jds)
August 1, 2019 Opinion or Order Filing 92 ORDER granting #87 Motion for Admission Pro Hac Vice of Kirk Robert Ruthenberg for Applied Predictive Technologies, Inc.. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Jill N. Parrish on 8/1/2019. (jds)
August 1, 2019 Opinion or Order Filing 91 MOTION for Admission Pro Hac Vice of Andrew Ong , Registration fee $ 250, receipt number 1088-3338046, filed by Defendants MarketDial, Inc., John M. Stoddard. (Attachments: #1 Exhibit A - Application for Pro Hac Vice Admission, #2 Exhibit B - ECF Registration Form, #3 Exhibit C - Proposed Order for Pro Hac Vice Admission)(Call, Keith)
August 1, 2019 Opinion or Order Filing 90 MOTION for Admission Pro Hac Vice of Jennifer D. Bennett , Registration fee $ 250, receipt number 1088-3338037, filed by Plaintiff Applied Predictive Technologies, Inc.. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - ECF, #3 Text of Proposed Order)(Straight, Samuel)
August 1, 2019 Opinion or Order Filing 89 MOTION for Admission Pro Hac Vice of Patrick Doll , Registration fee $ 250, receipt number 1088-3338027, filed by Plaintiff Applied Predictive Technologies, Inc.. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - ECF, #3 Text of Proposed Order)(Straight, Samuel)
August 1, 2019 Opinion or Order Filing 88 MOTION for Admission Pro Hac Vice of Nicholas H. Jackson , Registration fee $ 250, receipt number 1088-3338018, filed by Plaintiff Applied Predictive Technologies, Inc.. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - ECF, #3 Text of Proposed Order)(Straight, Samuel)
August 1, 2019 Opinion or Order Filing 87 MOTION for Admission Pro Hac Vice of Kirk R. Ruthenberg , Registration fee $ 250, receipt number 1088-3337992, filed by Plaintiff Applied Predictive Technologies, Inc.. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - ECF, #3 Text of Proposed Order)(Straight, Samuel)
July 31, 2019 Opinion or Order Filing 86 NOTICE of Appearance by Adam Kenji Richards on behalf of Applied Predictive Technologies, Inc. (Richards, Adam)
July 31, 2019 Opinion or Order Filing 85 NOTICE of Appearance by Samuel C. Straight on behalf of Applied Predictive Technologies, Inc. (Straight, Samuel)
July 31, 2019 Opinion or Order Filing 84 ORDER granting #78 Motion for Admission Pro Hac Vice of SAMUEL SHERRY for MarketDial, Inc.,SAMUEL SHERRY for John M. Stoddard. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Jill N. Parrish on 7/30/2019. (jds)
July 31, 2019 Opinion or Order Filing 83 ORDER granting #77 Motion for Admission Pro Hac Vice of Neel Chatterjee for MarketDial, Inc.,Neel Chatterjee for John M. Stoddard. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Jill N. Parrish on 7/30/2019. (jds)
July 29, 2019 Opinion or Order Filing 82 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #73 filed by Defendants MarketDial, Inc., John M. Stoddard (Call, Keith)
July 29, 2019 Opinion or Order Filing 81 REQUEST to Submit for Decision re #32 Second MOTION to Dismiss for Failure to State a Claim for Unpatentability Under 35 U.S.C. 101, #35 Second MOTION to Dismiss for Failure to State a Claim (Counts I and II) [AMENDED Request to Submit for Decision] filed by Defendants MarketDial, Inc., John M. Stoddard. (Call, Keith)
July 29, 2019 Opinion or Order Filing 80 REQUEST to Submit for Decision re #32 Second MOTION to Dismiss for Failure to State a Claim for Unpatentability Under 35 U.S.C. 101, #35 Second MOTION to Dismiss for Failure to State a Claim (Counts I and II) filed by Defendants MarketDial, Inc., John M. Stoddard. (Call, Keith)
July 29, 2019 Opinion or Order Filing 79 NOTICE of SUPPLEMENTAL AUTHORITY by MarketDial, Inc., John M. Stoddard re #35 Second MOTION to Dismiss for Failure to State a Claim (Counts I and II) (Call, Keith)
July 29, 2019 Opinion or Order Filing 78 MOTION for Admission Pro Hac Vice of Samuel Sherry (no registration fee required) filed by Defendants MarketDial, Inc., John M. Stoddard. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Call, Keith)
July 29, 2019 Opinion or Order Filing 77 MOTION for Admission Pro Hac Vice of Neel Chatterjee (no registration fee required) filed by Defendants MarketDial, Inc., John M. Stoddard. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Call, Keith)
July 29, 2019 Opinion or Order Filing 76 ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 7/29/19. (ss)
July 29, 2019 Opinion or Order Filing 75 NOTICE of Appearance by Korey D. Rasmussen on behalf of MarketDial, Inc., John M. Stoddard (Rasmussen, Korey)
July 29, 2019 Opinion or Order Filing 74 NOTICE of Appearance by Keith A. Call on behalf of MarketDial, Inc., John M. Stoddard (Call, Keith)
July 23, 2019 Opinion or Order Filing 73 CIVIL STANDING ORDER Signed by Judge Jill N. Parrish on 7/23/19. (ss)
July 15, 2019 Opinion or Order Filing 72 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (rks)
July 15, 2019 Opinion or Order Filing 71 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Cindy Chang, Neel Chatterjee, Andrew Ong, Samuel Sherry, for Defendants MarketDial, Inc., John M. Stoddard (Attachments: #1 PHV Letter Cindy Chang, #2 PHV Letter Samuel Sherry) (rks)
July 15, 2019 Opinion or Order Filing 70 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Herbert Weiswasser Mondros, Krista M. Reale, for Defendants MarketDial, Inc., John M. Stoddard (rks)
July 15, 2019 Opinion or Order Filing 69 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Bindu Ann George Palapura, Stephanie E. O'Byrne, for Defendants MarketDial, Inc., John M. Stoddard (rks)
July 15, 2019 Opinion or Order Filing 68 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Kirk R. Ruthenberg, Jennifer D. Bennett, Nicholas H. Jackson, Eric Y. Wu, Patrick Doll, for Plaintiff Applied Predictive Technologies, Inc. (rks)
July 15, 2019 Opinion or Order Filing 67 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Karen Jacobs, Michael J. Flynn, for Plaintiff Applied Predictive Technologies, Inc. (rks)
July 15, 2019 Opinion or Order Filing 66 Case transferred in from USDC of Delaware; Case Number 1:18-cv-00963. Original file, certified copy of transfer order and docket sheet received. Assigned to Judge Jill N. Parrish.
July 1, 2019 Opinion or Order Filing 65 ORDER granting in part and denying in part #9 Motion to Transfer or Dismiss for Lack of Personal Jurisdiction. Defendants' motion to transfer is GRANTED and the case is transferred to the District of Utah. Defendants' motion to dismiss Defendant Stoddard for lack of personal jurisdiction is DENIED AS MOOT. Signed by Judge Colm F. Connolly on 7/1/2019. (nmf) [Transferred from Delaware on 7/15/2019.]
July 1, 2019 Opinion or Order Filing 64 MEMORANDUM OPINION Signed by Judge Colm F. Connolly on 7/1/2019. (nmf) [Transferred from Delaware on 7/15/2019.]
July 1, 2019 Opinion or Order Remark: This case will be transferred to the District of Utah in 10 days in accordance with Clerk's Office procedures and per the Court's memorandum opinion and order of 7/1/2019. (nmf) [Transferred from Delaware on 7/15/2019.]
November 27, 2018 Opinion or Order Filing 63 REDACTED VERSION of #59 Declaration, of Herbert Mondros by MarketDial, Inc., John M. Stoddard. (Attachments: #1 Exhibit Exhibits A-B)(Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
November 27, 2018 Opinion or Order Filing 62 REDACTED VERSION of #58 Reply Brief in Support of Motion to Transfer Case to District of Utah or Dismiss for Lack of Personal Jurisdiction by MarketDial, Inc., John M. Stoddard. (Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
November 20, 2018 Opinion or Order Filing 61 Letter to Judge Colm F. Connolly from Herbert W. Mondros, Esquire regarding Pursuant to Local Rule 7.1.4, Defendants respectfully request that the Court schedule oral argument on motions - re #35 Second MOTION to Dismiss for Failure to State a Claim (Counts I and II), #9 MOTION to Transfer Case to District of Utah or Dismiss for Lack of Personal Jurisdiction, #32 Second MOTION to Dismiss for Failure to State a Claim for Unpatentability Under 35 U.S.C. 101. (Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
November 20, 2018 Opinion or Order Filing 60 Supplemental DECLARATION re #9 MOTION to Transfer Case to District of Utah or Dismiss for Lack of Personal Jurisdiction, #58 Reply Brief (Declaration of John M. Stoddard) by MarketDial, Inc., John M. Stoddard. (Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
November 20, 2018 Opinion or Order Filing 59 [SEALED] DECLARATION re #9 MOTION to Transfer Case to District of Utah or Dismiss for Lack of Personal Jurisdiction, #58 Reply Brief (Declaration of Herbert W. Mondros) by MarketDial, Inc., John M. Stoddard. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
November 20, 2018 Opinion or Order Filing 58 [SEALED] REPLY BRIEF re #9 MOTION to Transfer Case to District of Utah or Dismiss for Lack of Personal Jurisdiction filed by MarketDial, Inc., John M. Stoddard. (Attachments: #1 Certificate of Service)(Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
November 15, 2018 Opinion or Order Filing 57 ORDER, IT IS HEREBY ORDERED THAT: Defendants' reply brief and associated filings (D.I. #52 , #54 , #55 , and #56 ) are struck; and Defendants shall have until November 21, 2018 to file a reply brief that does not exceed 12 pages and that otherwise complies with Local Rule 7.1.3. re #54 Reply Brief, #52 Stipulation, #55 Declaration, #56 Declaration. Signed by Judge Colm F. Connolly on 11/15/2018. (nmf) [Transferred from Delaware on 7/15/2019.]
November 14, 2018 Opinion or Order Filing 56 (STRUCK PER D.I. #57 ) DECLARATION re #54 Reply Brief, #9 MOTION to Transfer Case to District of Utah or Dismiss for Lack of Personal Jurisdiction by MarketDial, Inc., John M. Stoddard. (Mondros, Herbert) Modified on 11/20/2018 (fms). [Transferred from Delaware on 7/15/2019.]
November 14, 2018 Opinion or Order Filing 55 (STRUCK PER D.I. #57 )[SEALED] DECLARATION re #54 Reply Brief, #9 MOTION to Transfer Case to District of Utah or Dismiss for Lack of Personal Jurisdiction by MarketDial, Inc., John M. Stoddard. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Mondros, Herbert) Modified on 11/20/2018 (fms). [Transferred from Delaware on 7/15/2019.]
November 14, 2018 Opinion or Order Filing 54 (STRUCK PER D.I. #57 )[SEALED] REPLY BRIEF re #9 MOTION to Transfer Case to District of Utah or Dismiss for Lack of Personal Jurisdiction filed by MarketDial, Inc., John M. Stoddard. (Attachments: #1 Certificate of Service)(Mondros, Herbert) Modified on 11/20/2018 (fms). [Transferred from Delaware on 7/15/2019.]
November 14, 2018 Opinion or Order Filing 53 REPLY BRIEF re #32 Second MOTION to Dismiss for Failure to State a Claim for Unpatentability Under 35 U.S.C. 101 filed by MarketDial, Inc., John M. Stoddard. (Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
November 14, 2018 Opinion or Order Filing 52 (STRUCK PER D.I. #57 ) STIPULATION Defendants' Reply Brief in support of Defendants' Motion to Transfer under 28 U.S.C. 1404(a) or Dismiss for Lack of Personal Jurisdiction page limitation is extended from ten (10) pages to a total of fifteen (15) pages. by MarketDial, Inc., John M. Stoddard. (Mondros, Herbert) Modified on 11/20/2018 (fms). [Transferred from Delaware on 7/15/2019.]
November 14, 2018 Opinion or Order Filing 51 REPLY BRIEF re #35 Second MOTION to Dismiss for Failure to State a Claim (Counts I and II) filed by MarketDial, Inc., John M. Stoddard. (Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
November 14, 2018 Opinion or Order Pro Hac Vice Attorney Nicholas H. Jackson for Applied Predictive Technologies, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lak) [Transferred from Delaware on 7/15/2019.]
November 14, 2018 Opinion or Order SO ORDERED, re #50 MOTION for Pro Hac Vice Appearance of Attorney Nicholas H. Jackson filed by Applied Predictive Technologies, Inc. Signed by Judge Colm F. Connolly on 11/14/2018. (fms) [Transferred from Delaware on 7/15/2019.]
November 13, 2018 Opinion or Order Filing 50 MOTION for Pro Hac Vice Appearance of Attorney Nicholas H. Jackson - filed by Applied Predictive Technologies, Inc.. (Flynn, Michael) [Transferred from Delaware on 7/15/2019.]
November 12, 2018 Opinion or Order Filing 49 REDACTED VERSION of #46 Declaration, of Karen Jacobs by Applied Predictive Technologies, Inc.. (Attachments: #1 Exhibit A-M, #2 Exhibit N-V)(Jacobs, Karen) [Transferred from Delaware on 7/15/2019.]
November 12, 2018 Opinion or Order Filing 48 REDACTED VERSION of #45 Answering Brief in Opposition, by Applied Predictive Technologies, Inc.. (Jacobs, Karen) [Transferred from Delaware on 7/15/2019.]
November 6, 2018 Opinion or Order Filing 47 STIPULATION TO EXTEND TIME for Defendants' reply briefs in support of each of their Motions to Dismiss (D.I. 32 and D.I. 35) to November 14, 2018 - filed by MarketDial, Inc., John M. Stoddard. (Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
November 6, 2018 Opinion or Order SO ORDERED, re #47 STIPULATION TO EXTEND filed by John M. Stoddard, MarketDial, Inc., Set Briefing Schedule: re #32 Second MOTION to Dismiss for Failure to State a Claim for Unpatentability Under 35 U.S.C. 101, #35 Second MOTION to Dismiss for Failure to State a Claim (Counts I and II). (Reply Brief due 11/14/2018.). Signed by Judge Colm F. Connolly on 11/6/2018. (fms) [Transferred from Delaware on 7/15/2019.]
November 2, 2018 Opinion or Order Filing 46 [SEALED] DECLARATION re #45 Answering Brief in Opposition, [of Karen Jacobs in Support of Plaintiff Appllied Predictive Technologies, Inc.'s Supplement to its Answering Brief in Opposition to Defendants' Motion to Transfer Under 28 U.S.C. Section 1404(a) or Dismiss for Lack of Personal Jurisdiction] by Applied Predictive Technologies, Inc.. (Attachments: #1 Exhibit A-M, #2 Exhibit N-V)(Jacobs, Karen) [Transferred from Delaware on 7/15/2019.]
November 2, 2018 Opinion or Order Filing 45 [SEALED] Supplemental ANSWERING BRIEF in Opposition re #9 MOTION to Transfer Case to District of Utah or Dismiss for Lack of Personal Jurisdiction filed by Applied Predictive Technologies, Inc..Reply Brief due date per Local Rules is 11/9/2018. (Jacobs, Karen) [Transferred from Delaware on 7/15/2019.]
October 26, 2018 Opinion or Order Filing 44 ANSWERING BRIEF in Opposition re #34 MOTION Request for Judicial Notice in Support of Defendant Marketdial, Inc.'s Opening Brief in Support of Its Second Motion to Dismiss Count III Under Fed. R. Civ. P. 12(b)(6) for Unpatentability Under 35 U.S.C. 101 re #33 Opening Brief, #32 Motion filed by Applied Predictive Technologies, Inc..Reply Brief due date per Local Rules is 11/2/2018. (Attachments: #1 Exhibit 1)(Jacobs, Karen) Modified on 10/29/2018 (fms). [Transferred from Delaware on 7/15/2019.]
October 26, 2018 Opinion or Order Filing 43 ANSWERING BRIEF in Opposition re #35 Second MOTION to Dismiss for Failure to State a Claim (Counts I and II) filed by Applied Predictive Technologies, Inc..Reply Brief due date per Local Rules is 11/2/2018. (Jacobs, Karen) [Transferred from Delaware on 7/15/2019.]
October 19, 2018 Opinion or Order Filing 42 STIPULATION TO EXTEND TIME for Plaintiff to respond to D.I. 32 - Defendants' Second Motion to Dismiss for Failure to State a Claim for Unpatentability under 35 U.S.C. Section 101 and D.I. 35 - Defendants' Second Motion to Dismiss for Failure to State a Claim (Counts I and II), also for Defendants' reply briefs in support of each of their Motions to Dismiss to October 26, 2018 and November 9, 2018, respectively - filed by Applied Predictive Technologies, Inc.. (Flynn, Michael) [Transferred from Delaware on 7/15/2019.]
October 19, 2018 Opinion or Order SO ORDERED, re #42 STIPULATION TO EXTEND TIME for Plaintiff to respond to D.I. 32 - Defendants' Second Motion to Dismiss for Failure to State a Claim for Unpatentability under 35 U.S.C. Section 101 and D.I. 35 - Defendants' Second Motion to Dismiss for Failure filed by Applied Predictive Technologies, Inc., Set Briefing Schedule: (Answering Brief due 10/26/2018., Reply Brief due 11/9/2018.). Signed by Judge Colm F. Connolly on 10/19/2018. (fms) [Transferred from Delaware on 7/15/2019.]
October 15, 2018 Opinion or Order Filing 41 NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiff's First Set of Requests for Production of Documents and Defendants' Privilege Log filed by MarketDial, Inc., John M. Stoddard.(Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
October 11, 2018 Opinion or Order Filing 40 ORDER approving #38 Joint STIPULATION Plaintiff hereby withdraws its Motion for Leave to Take Jurisdictional Discovery as moot based upon the parties' agreement to adhere to the following deadlines on jurisdictional discovery and briefing regarding Defendants' Motion to Transfer or Dismiss for Lack of Personal Jurisdiction re 25 MOTION for Leave to Take Limited Jurisdictional Discovery of Defendant John M. Stoddard, 9 MOTION to Transfer Case to District of Utah or Dismiss for Lack of Personal Jurisdiction. ORDER setting briefing schedule (Supplemental Brief in Opposition due 11/2/2018., Reply Brief due 11/14/2018.) Signed by Judge Colm F. Connolly on 10/11/2018. (nmf) [Transferred from Delaware on 7/15/2019.]
October 10, 2018 Opinion or Order Filing 39 NOTICE OF SERVICE of Plaintiff's First Set of Requests for Production of Documents and Things to Defendants MarketDial, Inc. and John M. Stoddard filed by Applied Predictive Technologies, Inc..(Flynn, Michael) [Transferred from Delaware on 7/15/2019.]
October 10, 2018 Opinion or Order Filing 38 Joint STIPULATION Plaintiff hereby withdraws its Motion for Leave to Take Jurisdictional Discovery as moot based upon the parties' agreement to adhere to the following deadlines on jurisdictional discovery and briefing regarding Defendants' Motion to Transfer or Dismiss for Lack of Personal Jurisdiction re #25 MOTION for Leave to Take Limited Jurisdictional Discovery of Defendant John M. Stoddard , #9 MOTION to Transfer Case to District of Utah or Dismiss for Lack of Personal Jurisdiction by MarketDial, Inc., John M. Stoddard. (Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
October 9, 2018 Opinion or Order SO ORDERED, re #37 STIPULATION TO EXTEND TIME. Set Briefing Schedule: re #25 MOTION for Leave to Take Limited Jurisdictional Discovery of Defendant John M. Stoddard . (Answering Brief due 10/9/2018.). Signed by Judge Colm F. Connolly on 10/9/2018. (fms) [Transferred from Delaware on 7/15/2019.]
October 5, 2018 Opinion or Order Filing 37 STIPULATION TO EXTEND TIME Defendants to respond to Plaintiff's Motion for Leave to Take Limited Jurisdictional Discovery of Defendant John M. Stoddard to October 9, 2018 - filed by MarketDial, Inc., John M. Stoddard. (Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
October 5, 2018 Opinion or Order Filing 36 Second OPENING BRIEF in Support re #35 Second MOTION to Dismiss for Failure to State a Claim (Counts I and II) filed by MarketDial, Inc., John M. Stoddard.Answering Brief/Response due date per Local Rules is 10/19/2018. (Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
October 5, 2018 Opinion or Order Filing 35 Second MOTION to Dismiss for Failure to State a Claim (Counts I and II) - filed by MarketDial, Inc., John M. Stoddard. (Attachments: #1 Text of Proposed Order)(Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
October 5, 2018 Opinion or Order Filing 34 MOTION Request for Judicial Notice in Support of Defendant Marketdial, Inc.'s Opening Brief in Support of Its Second Motion to Dismiss Count III Under Fed. R. Civ. P. 12(b)(6) for Unpatentability Under 35 U.S.C. 101 re #33 Opening Brief in Support, #32 Second MOTION to Dismiss for Failure to State a Claim for Unpatentability Under 35 U.S.C. 101 - filed by MarketDial, Inc., John M. Stoddard. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
October 5, 2018 Opinion or Order Filing 33 OPENING BRIEF in Support re #32 Second MOTION to Dismiss for Failure to State a Claim for Unpatentability Under 35 U.S.C. 101 filed by MarketDial, Inc., John M. Stoddard.Answering Brief/Response due date per Local Rules is 10/19/2018. (Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
October 5, 2018 Opinion or Order Filing 32 Second MOTION to Dismiss for Failure to State a Claim for Unpatentability Under 35 U.S.C. 101 - filed by MarketDial, Inc., John M. Stoddard. (Attachments: #1 Text of Proposed Order)(Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
October 4, 2018 Opinion or Order Filing 31 NOTICE OF SERVICE of Defendants First Set of Interrogatories and First Requests for the Production of Documents and Things filed by MarketDial, Inc., John M. Stoddard.(Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
October 4, 2018 Opinion or Order Pro Hac Vice Attorney Kirk R. Ruthenberg for Applied Predictive Technologies, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) [Transferred from Delaware on 7/15/2019.]
October 3, 2018 Opinion or Order Filing 30 STIPULATION TO EXTEND TIME to respond to Plaintiff's Motion for Leave to Take Limited Jurisdictional Discovery of Defendant John M. Stoddard to October 5, 2018 - filed by MarketDial, Inc., John M. Stoddard. (Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
October 3, 2018 Opinion or Order SO ORDERED, re #30 STIPULATION TO EXTEND TIME to respond to Plaintiff's Motion for Leave to Take Limited Jurisdictional Discovery of Defendant John M. Stoddard to October 5, 2018 filed by John M. Stoddard, MarketDial, Inc., Set Briefing Schedule: re #25 MOTION for Leave to Take Limited Jurisdictional Discovery of Defendant John M. Stoddard . (Answering Brief due 10/5/2018.). Signed by Judge Colm F. Connolly on 10/3/2018. (fms) [Transferred from Delaware on 7/15/2019.]
September 28, 2018 Opinion or Order Filing 29 STIPULATION TO EXTEND TIME to ANSWER First Amended Complaint to October 5, 2018 - filed by MarketDial, Inc., John M. Stoddard. (Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
September 28, 2018 Opinion or Order SO ORDERED, re #29 STIPULATION TO EXTEND TIME to ANSWER First Amended Complaint to October 5, 2018 filed by John M. Stoddard, MarketDial, Inc., Set/Reset Answer Deadlines: MarketDial, Inc. answer due 10/5/2018; John M. Stoddard answer due 10/5/2018. Signed by Judge Colm F. Connolly on 9/28/2018. (fms) [Transferred from Delaware on 7/15/2019.]
September 25, 2018 Opinion or Order Filing 28 PROPOSED ORDER // Scheduling Order re Oral Order,,,,, by Applied Predictive Technologies, Inc.. (Attachments: #1 cover letter)(Flynn, Michael) [Transferred from Delaware on 7/15/2019.]
September 25, 2018 Opinion or Order Pro Hac Vice Attorney Greg Osborne for MarketDial, Inc. and John M. Stoddard added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) [Transferred from Delaware on 7/15/2019.]
September 21, 2018 Opinion or Order Filing 27 Joint STIPULATION TO EXTEND TIME Proposed Scheduling Order to September 25, 2018 - filed by Applied Predictive Technologies, Inc.. (Flynn, Michael) [Transferred from Delaware on 7/15/2019.]
September 19, 2018 Opinion or Order CORRECTING ENTRY: Per request of filer, the First Amended Complaint at D.I. #23 has been removed and replaced with a revised version with clerical errors corrected. (fms) [Transferred from Delaware on 7/15/2019.]
September 18, 2018 Opinion or Order Filing 26 OPENING BRIEF in Support re #25 MOTION for Leave to Take Limited Jurisdictional Discovery of Defendant John M. Stoddard filed by Applied Predictive Technologies, Inc..Answering Brief/Response due date per Local Rules is 10/2/2018. (Jacobs, Karen) [Transferred from Delaware on 7/15/2019.]
September 18, 2018 Opinion or Order Filing 25 MOTION for Leave to Take Limited Jurisdictional Discovery of Defendant John M. Stoddard - filed by Applied Predictive Technologies, Inc.. (Jacobs, Karen) [Transferred from Delaware on 7/15/2019.]
September 18, 2018 Opinion or Order Filing 24 ANSWERING BRIEF in Opposition re #9 MOTION to Transfer Case to District of Utah or Dismiss for Lack of Personal Jurisdiction filed by Applied Predictive Technologies, Inc..Reply Brief due date per Local Rules is 9/25/2018. (Attachments: #1 Exhibit A)(Jacobs, Karen) [Transferred from Delaware on 7/15/2019.]
September 17, 2018 Opinion or Order Filing 23 First AMENDED COMPLAINT against MarketDial, Inc., John M. Stoddard- filed by Applied Predictive Technologies, Inc.. (Attachments: #1 Exhibit A)(Jacobs, Karen) (Main Document 23 replaced on 9/19/2018) (fms). [Transferred from Delaware on 7/15/2019.]
September 17, 2018 Opinion or Order Filing 22 MOTION for Pro Hac Vice Appearance of Attorney Greg Osborne - filed by MarketDial, Inc.. (Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
September 17, 2018 Opinion or Order SO ORDERED, re #22 MOTION for Pro Hac Vice Appearance of Attorney Greg Osborne filed by MarketDial, Inc. Signed by Judge Colm F. Connolly on 9/17/2018. (fms) [Transferred from Delaware on 7/15/2019.]
September 10, 2018 Opinion or Order ORAL ORDER by Judge Colm F. Connolly on 9/10/2018: In light of the reassignment of this case, the Court HEREBY ORDERS that the prior referral to Magistrate Judge Christopher J. Burke is withdrawn, with the exception that any referral to Judge Burke for ADR shall remain in place. (nmf) [Transferred from Delaware on 7/15/2019.]
September 4, 2018 Opinion or Order Filing 21 NOTICE of Appearance by Herbert Weiswasser Mondros on behalf of All Defendants (Mondros, Herbert) [Transferred from Delaware on 7/15/2019.]
August 31, 2018 Opinion or Order Filing 20 STIPULATION TO EXTEND TIME for Plaintiff to file answering briefs in response to Defendants' Motion to Transfer or Dismiss for Lack of Personal Jurisdiction (D.I. 9), Motion to Dismiss for Unpatentability under 35 U.S.C. 101 (D.I. 12), Request for Judicial Notice in Support of Motion to Dismiss (D.I. 14), and Motion to Dismiss under Fed. R. Civ. P. 12(b)(6) (D.I. 15) (the "Motions") to September 18, 2018, and Defendants' time to file their reply briefs in support of the Motions to October 9, 2018 - filed by Applied Predictive Technologies, Inc.. (Flynn, Michael) [Transferred from Delaware on 7/15/2019.]
August 31, 2018 Opinion or Order SO ORDERED, re #20 STIPULATION TO EXTEND TIME for Plaintiff to file answering briefs in response to Defendants' Motion to Transfer or Dismiss for Lack of Personal Jurisdiction (D.I. 9), Motion to Dismiss for Unpatentability under 35 U.S.C. 101 (D.I. 12), Req filed by Applied Predictive Technologies, Inc., Set Briefing Schedule: re #14 MOTION Request for Judicial Notice in Support of Defendant MarketDial, Inc.'s Motion to Dismiss re #12 MOTION to Dismiss for Failure to State a Claim for Unpatentability Under 35 U.S.C. 101 , #12 MOTION to Dismiss for Failure to State a Claim for Unpatentability Under 35 U.S.C. 101, #15 MOTION to Dismiss for Failure to State a Claim (Counts I and II), #9 MOTION to Transfer Case to District of Utah or Dismiss for Lack of Personal Jurisdiction. (Answering Briefs due 9/18/2018., Reply Briefs due 10/9/2018.) Signed by Judge Colm F. Connolly on 8/31/2018. (nmf) [Transferred from Delaware on 7/15/2019.]
August 31, 2018 Opinion or Order Case Reassigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) [Transferred from Delaware on 7/15/2019.]
August 27, 2018 Opinion or Order Filing 19 REDACTED VERSION of #11 Declaration, of John M. Stoddard by MarketDial, Inc., John M. Stoddard. (Attachments: #1 Exhibit 1)(Palapura, Bindu) [Transferred from Delaware on 7/15/2019.]
August 27, 2018 Opinion or Order Filing 18 REDACTED VERSION of #10 Opening Brief in Support, by MarketDial, Inc., John M. Stoddard. (Palapura, Bindu) [Transferred from Delaware on 7/15/2019.]
August 22, 2018 Opinion or Order ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burkes Case Management Checklist (Checklist). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (I) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order consistent with Judge Burkes Rule 16 Scheduling Order Patent; and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court may schedule an in-person Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and Rule 16 Scheduling Order Patent can be found on this Court's website (http://www.ded.uscourts.gov/judge/magistrate-judge-christopher-j-burke). Ordered by Judge Christopher J. Burke on 8/22/2018. (dlb) [Transferred from Delaware on 7/15/2019.]
August 20, 2018 Opinion or Order Filing 17 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by MarketDial, Inc.. (Palapura, Bindu) [Transferred from Delaware on 7/15/2019.]
August 20, 2018 Opinion or Order Filing 16 OPENING BRIEF in Support re #15 MOTION to Dismiss for Failure to State a Claim (Counts I and II) filed by MarketDial, Inc., John M. Stoddard.Answering Brief/Response due date per Local Rules is 9/4/2018. (Palapura, Bindu) [Transferred from Delaware on 7/15/2019.]
August 20, 2018 Opinion or Order Filing 15 MOTION to Dismiss for Failure to State a Claim (Counts I and II) - filed by MarketDial, Inc., John M. Stoddard. (Attachments: #1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Palapura, Bindu) [Transferred from Delaware on 7/15/2019.]
August 20, 2018 Opinion or Order Filing 14 MOTION Request for Judicial Notice in Support of Defendant MarketDial, Inc.'s Motion to Dismiss re #12 MOTION to Dismiss for Failure to State a Claim for Unpatentability Under 35 U.S.C. 101 - filed by MarketDial, Inc.. (Attachments: #1 Exhibit A-B)Motions referred to Christopher J. Burke.(Palapura, Bindu) [Transferred from Delaware on 7/15/2019.]
August 20, 2018 Opinion or Order Filing 13 OPENING BRIEF in Support re #12 MOTION to Dismiss for Failure to State a Claim for Unpatentability Under 35 U.S.C. 101 filed by MarketDial, Inc..Answering Brief/Response due date per Local Rules is 9/4/2018. (Palapura, Bindu) [Transferred from Delaware on 7/15/2019.]
August 20, 2018 Opinion or Order Filing 12 MOTION to Dismiss for Failure to State a Claim for Unpatentability Under 35 U.S.C. 101 - filed by MarketDial, Inc.. (Attachments: #1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Palapura, Bindu) [Transferred from Delaware on 7/15/2019.]
August 20, 2018 Opinion or Order Filing 11 [SEALED] DECLARATION re #9 MOTION to Transfer Case to District of Utah or Dismiss for Lack of Personal Jurisdiction (Declaration of John M. Stoddard) by MarketDial, Inc., John M. Stoddard. (Attachments: #1 Exhibit 1)(Palapura, Bindu) [Transferred from Delaware on 7/15/2019.]
August 20, 2018 Opinion or Order Filing 10 [SEALED] OPENING BRIEF in Support re #9 MOTION to Transfer Case to District of Utah or Dismiss for Lack of Personal Jurisdiction filed by MarketDial, Inc., John M. Stoddard.Answering Brief/Response due date per Local Rules is 9/4/2018. (Palapura, Bindu) [Transferred from Delaware on 7/15/2019.]
August 20, 2018 Opinion or Order Filing 9 MOTION to Transfer Case to District of Utah or Dismiss for Lack of Personal Jurisdiction - filed by MarketDial, Inc., John M. Stoddard. (Attachments: #1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Palapura, Bindu) [Transferred from Delaware on 7/15/2019.]
August 13, 2018 Opinion or Order SO ORDERED, re #8 MOTION for Pro Hac Vice Appearance of Attorney Kirk R. Ruthenberg, Jennifer D. Bennett, Eric Y. Wu and Patrick Doll of Dentons US LLP filed by Applied Predictive Technologies, Inc.. Ordered by Judge Christopher J. Burke on 8/13/2018. (jcs) [Transferred from Delaware on 7/15/2019.]
August 10, 2018 Opinion or Order Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Kirk R. Ruthenberg, Jennifer D. Bennett, Eric Y. Wu and Patrick Doll of Dentons US LLP - filed by Applied Predictive Technologies, Inc.. Motions referred to Christopher J. Burke.(Jacobs, Karen) [Transferred from Delaware on 7/15/2019.]
August 7, 2018 Opinion or Order Pro Hac Vice Attorney Cindy Chang, Neel Chatterjee, Andrew S. Ong, Samuel Sherry for MarketDial, Inc. and John M. Stoddard added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) [Transferred from Delaware on 7/15/2019.]
August 3, 2018 Opinion or Order SO ORDERED, re #7 MOTION for Pro Hac Vice Appearance of Attorney Neel Chatterjee, Andrew Ong, Samuel Sherry, and Cindy Chang of Goodwin Procter LLP filed by John M. Stoddard, MarketDial, Inc.. Ordered by Judge Christopher J. Burke on 8/3/2018. (jcs) [Transferred from Delaware on 7/15/2019.]
July 30, 2018 Opinion or Order Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Neel Chatterjee, Andrew Ong, Samuel Sherry, and Cindy Chang of Goodwin Procter LLP - filed by MarketDial, Inc., John M. Stoddard. Motions referred to Christopher J. Burke.(O'Byrne, Stephanie) [Transferred from Delaware on 7/15/2019.]
July 19, 2018 Opinion or Order SO ORDERED D.I. #6 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to August 20, 2018 filed by John M. Stoddard, MarketDial, Inc. Ordered by Judge Christopher J. Burke on 7/19/2018. (dlb) [Transferred from Delaware on 7/15/2019.]
July 18, 2018 Opinion or Order Filing 6 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to August 20, 2018 - filed by MarketDial, Inc., John M. Stoddard. (Palapura, Bindu) [Transferred from Delaware on 7/15/2019.]
July 6, 2018 Opinion or Order REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:#http://www.ded.uscourts.gov/sites/default/files/forms/StandingOrder2017.pdf (dlb) [Transferred from Delaware on 7/15/2019.]
July 6, 2018 Opinion or Order REMARK: If the parties jointly consent to have a Magistrate Judge conduct all proceedings in this case, including trial, then when Judge Burke enters a case schedule he will enter the respective pre-trial conference and trial dates onto his calendar and will honor them. Otherwise, in accordance with the District Court's procedures for "Assignment of Cases to Visiting Judges" (issued on May 26, 2017 and available on the District Court's website), then upon the filing of a case-dispositive motion (e.g., a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment, or initiation of the claim construction process in a patent case), VAC cases will be considered ready for reassignment to a visiting District Judge. Whether the pre-trial conference and trial dates will stand after reassignment will depend on the availability of those dates on the visiting District Judge's calendar. (dlb) [Transferred from Delaware on 7/15/2019.]
July 5, 2018 Opinion or Order CASE REFERRED to Magistrate Judge Christopher J. Burke. (This matter has been assigned to the Vacant Judgeship and referred to a Magistrate Judge for handling through case-dispositive motions. The Magistrate Judge has full authority permitted by law to manage this matter, including entering schedules through trial, deciding non-dispositive matters and making recommendations as to the resolution of dispositive matters. Litigants and counsel are reminded that they have the option of consenting to the Magistrate Judge to handle the case in full, including trial, or consenting to having a particular motion resolved by the Magistrate Judge.) (rjb) [Transferred from Delaware on 7/15/2019.]
July 5, 2018 Opinion or Order Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (rjb) [Transferred from Delaware on 7/15/2019.]
July 2, 2018 Opinion or Order Filing 5 Return of Service Executed by Applied Predictive Technologies, Inc.. MarketDial, Inc. served on 6/29/2018, answer due 7/20/2018. (Jacobs, Karen) [Transferred from Delaware on 7/15/2019.]
June 28, 2018 Opinion or Order Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent MasterCard International Incorporated, Corporate Parent APT Technologies, Inc. for Applied Predictive Technologies, Inc. filed by Applied Predictive Technologies, Inc.. (jcs) [Transferred from Delaware on 7/15/2019.]
June 28, 2018 Opinion or Order Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,571,916B1. (jcs) [Transferred from Delaware on 7/15/2019.]
June 28, 2018 Opinion or Order Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jcs) [Transferred from Delaware on 7/15/2019.]
June 28, 2018 Opinion or Order Filing 1 COMPLAINT filed with Jury Demand against MarketDial, Inc., John M. Stoddard - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2410550.) - filed by Applied Predictive Technologies, Inc.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(jcs) [Transferred from Delaware on 7/15/2019.]
June 28, 2018 Opinion or Order Summons Issued with Magistrate Consent Notice attached as to MarketDial, Inc. on 6/28/2018; John M. Stoddard on 6/28/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (jcs) [Transferred from Delaware on 7/15/2019.]

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Search for this case: Applied Predictive Technologies, Inc. v. MarketDial, Inc. et al
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Defendant: John M. Stoddard
Represented By: Neel Chatterjee
Represented By: Samuel Sherry
Represented By: Keith A. Call
Represented By: Andrew Ong
Represented By: Gregory S. Osborne
Represented By: Korey D. Rasmussen
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Defendant: MarketDial, Inc.
Represented By: Neel Chatterjee
Represented By: Samuel Sherry
Represented By: Keith A. Call
Represented By: Andrew Ong
Represented By: Gregory S. Osborne
Represented By: Korey D. Rasmussen
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Defendant: Johnny Stoddard
Represented By: Neel Chatterjee
Represented By: Samuel Sherry
Represented By: Keith A. Call
Represented By: Andrew Ong
Represented By: Gregory S. Osborne
Represented By: Korey D. Rasmussen
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Plaintiff: Applied Predictive Technologies, Inc.
Represented By: Jennifer D. Bennett
Represented By: Kirk Robert Ruthenberg
Represented By: Patrick Doll
Represented By: Samuel C. Straight
Represented By: Nicholas Hunt Jackson
Represented By: Adam Kenji Richards
Represented By: Eric L. Sophir
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