Square One Choices Inc. v. Ditec Solutions LLC
| Square One Choices Inc. |
| Ditec Solutions LLC |
| 2:2023cv00555 |
| August 23, 2023 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Dustin B Pead |
| Patent |
| 35 U.S.C. § 0271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.
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Filing 47
ORDER granting #46 Stipulated Motion to Extend Time to Amend Answer and File Motion to Strike Affirmative Defenses: Defendant's deadline for amending its Answer and Plaintiff's deadline for filing a motion to strike the Answer's affirmative defenses are each extended one week, from October 20, 2023 to October 27, 2023. Signed by Magistrate Judge Dustin B. Pead on 10/19/23. (dle)
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| Filing 46 STIPULATION to Extend Time to Amend Answer and File Motion to Strike Affirmative Defenses by Square One Choices Inc. (Attachments: #1 Text of Proposed Order)(Gray, Steven) Modified by correcting event type on 10/19/2023 (dle). |
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Filing 45
DOCKET TEXT ORDER: GRANTING Defendant's Stipulated Motion for Extension of Time to File Answer #41 . Signed by Magistrate Judge Dustin B. Pead on 10/03/2023. No attached document. (amn)
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Filing 44
ORDER REFERRING MOTION #41 MOTION for Extension of Time to File Answer filed by Ditec Solutions LLC. Motions referred to Dustin B. Pead. Signed by Judge Howard C. Nielson, Jr., on 10/2/2023. (mlp)
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| Filing 43 ERRATA to #42 Answer to Complaint filed by Defendant Ditec Solutions LLC . (Attachments: #1 Answer to Complaint for Patent Infringement)(Hansen, Jed) |
| Filing 42 ANSWER to #1 Complaint,, with Jury Demand filed by Ditec Solutions LLC.(Hansen, Jed) |
| Filing 41 MOTION STIPULATION for an Extension of Time to Respond to Complaint by Ditec Solutions LLC. (Hansen, Jed) Modified by correcting event type on 9/29/2023 (dle). |
| Filing 40 NOTICE of Appearance by Jed H. Hansen on behalf of Ditec Solutions LLC (Hansen, Jed) |
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Filing 39
ORDER granting #38 Motion for Admission Pro Hac Vice of Attorney Leo V. Goldstein-Gureff for Square One Choices Inc..Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 9/26/2023. (jwt)
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| Filing 38 Plaintiff's MOTION for Admission Pro Hac Vice of Leo V. Goldstein-Gureff , Registration fee $ 50, receipt number AUTDC-4819891,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Square One Choices Inc.. (Attachments: #1 Exhibit A - Pro Hac Vice Application, #2 Text of Proposed Order GRANTING Admission Pro Hac Vice)(Gray, Steven) |
| Filing 37 NOTICE of Appearance by Steven R. Gray on behalf of Square One Choices Inc. (Gray, Steven) |
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Filing 36
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 8/29/23. (dle)
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Filing 35
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr on 8/25/23. (dle)
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| Filing 34 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice mailed to attorney Brian Tobin and Steven Craig Susser for Ditec Solutions LLC. (mh) |
| Filing 33 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice mailed to attorney Leo Goldstein-Gureff for Square One Choices Inc. (mh) |
| Filing 32 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (mh) |
| Filing 31 Case transferred in from USDC of New York Southern; Case Number 1:22-cv-07680. Original file, certified copy of transfer order and docket sheet received. USDC Utah Case Number 2:23-cv-00555 assigned to Judge Howard C. Nielson Jr. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Utah. (ate) [Transferred from New York Southern on 8/23/2023.] |
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Filing 30
MEMORANDUM OPINION & ORDER re: #25 MOTION to Dismiss Based on Improper Venue. filed by Ditec Solutions LLC. For the reasons stated above, Ditec's motion to transfer is granted; Square One's motion for venue-related discovery is denied; and Ditec's motion for an award of attorneys' fees and costs is denied. The Clerk of Court is directed to terminate the motion (Dkt. No. 25), to close this case, and to transfer this action to the Clerk of the U.S. District Court for the District of Utah. (Signed by Judge Paul G. Gardephe on 8/16/2023) (ate) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 8/23/2023.]
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| Filing 29 LETTER addressed to Judge Paul G. Gardephe from Brian S. Tobin dated June 15, 2023 re: Motion to Dismiss [Dkt. No. 25]. Document filed by Ditec Solutions LLC..(Tobin, Brian) [Transferred from New York Southern on 8/23/2023.] |
| Filing 28 MEMORANDUM OF LAW in Opposition re: #25 MOTION to Dismiss Based on Improper Venue. . Document filed by Square One Choices Inc.. (Attachments: #1 Affidavit Exhibit A-Affidavit Bigus, #2 Affidavit Exhibit B-Affidavit Gureff, #3 Appendix Attachment 1 to Gureff Decl, #4 Appendix Attachment 2 to Gureff Dec).(Goldstein-Gureff, Leo) [Transferred from New York Southern on 8/23/2023.] |
| Filing 27 REPLY MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss Based on Improper Venue. . Document filed by Ditec Solutions LLC. (Attachments: #1 Exhibit 10 - Second Declaration of Ryley Lyon, #2 Exhibit 11 - Delivery Order).(Tobin, Brian) [Transferred from New York Southern on 8/23/2023.] |
| Filing 26 MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss Based on Improper Venue. . Document filed by Ditec Solutions LLC. (Attachments: #1 Exhibit 1 - Declaration of Ryley Lyon, #2 Exhibit 2 - Articles of Organization, #3 Exhibit 3 - Email re Lease, #4 Exhibit 4 - 2020 New York Tax Return, #5 Exhibit 5 - Amazon Seller's Page, #6 Exhibit 6 - Amendment, #7 Exhibit 7 - Email Exchange between Tobin and Gureff, #8 Exhibit 8 - Letter from Gureff, #9 Exhibit 9 - Email Exchange between Tobin and Gureff).(Tobin, Brian) [Transferred from New York Southern on 8/23/2023.] |
| Filing 25 MOTION to Dismiss Based on Improper Venue. Document filed by Ditec Solutions LLC..(Tobin, Brian) [Transferred from New York Southern on 8/23/2023.] |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Brian Tobin to RE-FILE Document #22 MOTION to Dismiss Based on Improper Venue.. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). (kj) [Transferred from New York Southern on 8/23/2023.] |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Brian Tobin to RE-FILE Document #23 Reply to Response to Motion,. ERROR(S): Supporting document(s) was linked to a deficient filing. (kj) [Transferred from New York Southern on 8/23/2023.] |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Leo Goldstein-Gureff to RE-FILE Document #24 Response in Opposition to Motion,. ERROR(S): Supporting document(s) was linked to a deficient filing. (kj) [Transferred from New York Southern on 8/23/2023.] |
| Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - RESPONSE in Opposition to Motion re: #22 MOTION to Dismiss Based on Improper Venue. . Document filed by Square One Choices Inc.. (Attachments: #1 Affidavit Affidavit Bigus, #2 Affidavit Affidavit Gureff, #3 Appendix Attachment 1 to Gureff Decl, #4 Appendix Attachment 2 to Gureff Dec).(Goldstein-Gureff, Leo) Modified on 2/6/2023 (kj). [Transferred from New York Southern on 8/23/2023.] |
| Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY to Response to Motion re: #22 MOTION to Dismiss Based on Improper Venue. . Document filed by Ditec Solutions LLC. (Attachments: #1 Exhibit 10 - Second Declaration of Ryley Lyon, #2 Exhibit 11 - Delivery Order).(Tobin, Brian) Modified on 2/6/2023 (kj). [Transferred from New York Southern on 8/23/2023.] |
| Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Based on Improper Venue. Document filed by Ditec Solutions LLC. (Attachments: #1 Exhibit 1 - Declaration of Ryley Lyon, #2 Exhibit 2 - Articles of Organization, #3 Exhibit 3 - Email re Lease, #4 Exhibit 4 - 2020 New York Tax Return, #5 Exhibit 5 - Amazon Seller's Page, #6 Exhibit 6 - Amendment, #7 Exhibit 7 - Email Exchange between Tobin and Gureff, #8 Exhibit 8 - Letter from Gureff, #9 Exhibit 9 - Email Exchange between Tobin and Gureff).(Tobin, Brian) Modified on 2/6/2023 (kj). [Transferred from New York Southern on 8/23/2023.] |
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Filing 21
ORDER granting #20 Letter Motion for Extension of Time. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/18/2023) (ks) [Transferred from New York Southern on 8/23/2023.]
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| Set/Reset Deadlines: Responses due by 1/20/2023 Replies due by 2/3/2023. (ks) [Transferred from New York Southern on 8/23/2023.] |
| Filing 20 JOINT LETTER MOTION for Extension of Time re: briefing schedule for Defendant's Motion to Dismiss addressed to Judge Paul G. Gardephe from Leo V. Gureff and Brian S. Tobin dated January 16, 2023. Document filed by Ditec Solutions LLC..(Tobin, Brian) [Transferred from New York Southern on 8/23/2023.] |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Based on Improper Venue. Document filed by Ditec Solutions LLC. (Attachments: #1 Exhibit 1 - Declaration of Ryley Lyon, #2 Exhibit 2 - Articles of Organization, #3 Exhibit 3 - Email re Lease, #4 Exhibit 4 - 2020 NY CT-3-S, #5 Exhibit 5 - Ditec Amazon Page, #6 Exhibit 6 - Amendment, #7 Exhibit 7 - Email Exchange between Tobin and Gureff, #8 Exhibit 8 - Letter from Gureff, #9 Exhibit 9 - Email Exchange between Tobin and Gureff).(Tobin, Brian) Modified on 12/29/2022 (lb). [Transferred from New York Southern on 8/23/2023.] |
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Filing 18
ORDER: It is hereby ORDERED that the following schedule will apply to Defendant's motion to dismiss (see Dkt. No. 9): 1. Defendant's motion papers are due on December 28, 2022; 2. Plaintiff's opposition is due on January 18, 2023; and 3. Defendant's reply, if any, is due on January 25, 2023. Discovery will be stayed pending resolution of the motion to dismiss. The conference scheduled for December 8, 2022, is adjourned sine die. The Clerk of Court is directed to terminate the motions at Docket Numbers 9, 11, and 17. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/7/2022) ( Motions due by 12/28/2022., Responses due by 1/18/2023, Replies due by 1/25/2023.) (ks) [Transferred from New York Southern on 8/23/2023.]
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| Filing 17 LETTER addressed to Judge Paul G. Gardephe from Brian S. Tobin dated December 6, 2022 re: Reply in Support of Letter Request Seeking Pre-Motion Conference. Document filed by Ditec Solutions LLC. (Attachments: #1 Exhibit 1 - Ditec Articles of Organization, #2 Exhibit 2 - Lease Termination E-mail Confirmation, #3 Exhibit 3 - Ditec Redacted 2020 New York Tax Return, #4 Exhibit 4 - Updated Amazon Sellers Page).(Tobin, Brian) [Transferred from New York Southern on 8/23/2023.] |
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Filing 16
ORDER: Defendant is hereby ORDERED to submit a reply letter of no more than five pages responding to Plaintiff's opposition to Defendant's letter motion for a pre-motion conference (Dkt. Nos. 9, 11) by December 6, 2022. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/5/2022) (ks) [Transferred from New York Southern on 8/23/2023.]
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Filing 15
MEMO ENDORSEMENT on re: #13 Letter filed by Ditec Solutions LLC ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/2/2022) (ks) [Transferred from New York Southern on 8/23/2023.]
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| Filing 14 LETTER addressed to Judge Paul G. Gardephe from Leo V. Gureff and Brian S. Tobin dated December 1, 2022 re: Pre-trial Initial Conference. Document filed by Square One Choices Inc.. (Attachments: #1 Text of Proposed Order Proposed Civil Case Management Plan and Scheduling Order).(Goldstein-Gureff, Leo) [Transferred from New York Southern on 8/23/2023.] |
| Filing 13 JOINT LETTER addressed to Judge Paul G. Gardephe from Leo V. Gureff and Brian S. Tobin dated November 30, 2022 re: Pretrial Conference attendance. Document filed by Ditec Solutions LLC..(Tobin, Brian) [Transferred from New York Southern on 8/23/2023.] |
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Filing 12
ORDER FOR ADMISSION PRO HAC VICE granting #8 Motion to Appear Pro Hac Vice. The motion of Brian S. Tobin, for admission to practice Pro Hac Vice in the above captioned action is granted. As further set forth by this Order. (Signed by Judge Paul G. Gardephe on 11/16/2022) (tg) [Transferred from New York Southern on 8/23/2023.]
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| Filing 11 LETTER addressed to Judge Paul G. Gardephe from Leo V. Gureff dated November 16, 2022 re: Reply to letter from Brian S. Tobin dated Nov 11, 2022 re pre-motion conference. Document filed by Square One Choices Inc...(Goldstein-Gureff, Leo) [Transferred from New York Southern on 8/23/2023.] |
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Filing 10
ORDER granting #6 Letter Motion to Adjourn Conference. The application is granted. The conference scheduled for December 1, 2022, is adjourned to December 8, 2022, at 10:00 a.m. in Courtroom 705 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY. SO ORDERED. Initial Conference set for 12/8/2022 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 11/14/2022) (jca) [Transferred from New York Southern on 8/23/2023.]
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Brian S. Tobin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26949529. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) [Transferred from New York Southern on 8/23/2023.] |
| Filing 9 LETTER addressed to Judge Paul G. Gardephe from Brian S. Tobin dated November 11, 2022 re: pre-motion conference. Document filed by Ditec Solutions LLC..(Susser, Steven) [Transferred from New York Southern on 8/23/2023.] |
| Filing 8 MOTION for Brian S. Tobin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26949529. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ditec Solutions LLC. (Attachments: #1 Affidavit Affidavit of Brian S. Tobin, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Tobin, Brian) [Transferred from New York Southern on 8/23/2023.] |
| Filing 7 NOTICE OF APPEARANCE by Steven Craig Susser on behalf of Ditec Solutions LLC..(Susser, Steven) [Transferred from New York Southern on 8/23/2023.] |
| Filing 6 LETTER MOTION to Adjourn Conference addressed to Judge Paul G. Gardephe from Brian Tobin, Esq. dated 11/7/22. Document filed by Ditec Solutions LLC. Return Date set for 11/9/2022 at 10:00 AM..(Susser, Steven) [Transferred from New York Southern on 8/23/2023.] |
| Filing 5 WAIVER OF SERVICE RETURNED EXECUTED. Ditec Solutions LLC waiver sent on 9/16/2022, answer due 11/15/2022. Document filed by Square One Choices Inc...(Goldstein-Gureff, Leo) [Transferred from New York Southern on 8/23/2023.] |
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Filing 4
NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 12/1/2022 at 11:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/20/2022) (ks) [Transferred from New York Southern on 8/23/2023.]
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Leo Goldstein-Gureff. The party information for the following party/parties has been modified: Square One Choices Inc.. The information for the party/parties has been modified for the following reason/reasons: party text was added in error. (gp) [Transferred from New York Southern on 8/23/2023.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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..(gp) [Transferred from New York Southern on 8/23/2023.] |
| Magistrate Judge James L. Cott 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. (gp) [Transferred from New York Southern on 8/23/2023.] |
| Case Designated ECF. (gp) [Transferred from New York Southern on 8/23/2023.] |
| Filing 3 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Square One Choices Inc...(Goldstein-Gureff, Leo) [Transferred from New York Southern on 8/23/2023.] |
| Filing 2 CIVIL COVER SHEET filed..(Goldstein-Gureff, Leo) [Transferred from New York Southern on 8/23/2023.] |
| Filing 1 COMPLAINT against Ditec Solutions LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26653813)Document filed by Square One Choices Inc.. (Attachments: #1 Exhibit Defendants Amazon storefront page, #2 Exhibit Defendants Bill of Landing Report, #3 Exhibit DITEC SOLUTIONS LLC-NYS Reg, #4 Exhibit Plaintiff's Patent US11123901, #5 Exhibit Accused Products, #6 Exhibit Claim Chart, #7 Exhibit Email from Defendant with offer to buy, #8 Exhibit Letter SquareOne to Amazon, #9 Exhibit Ditec Response to Amazon).(Goldstein-Gureff, Leo) [Transferred from New York Southern on 8/23/2023.] |
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| Plaintiff: Square One Choices Inc. | |
| Represented By: | Leo V. Goldstein-Gureff |
| Represented By: | Steven R. Gray |
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| Defendant: Ditec Solutions LLC | |
| Represented By: | Jed H. Hansen |
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