Case number 6:19-cv-00612
De La Vega v. Microsoft Corporation > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Mar 18, 2020 | 35 | ORDER DENYING 34 Motion. IT IS ORDERED that Plaintiffs Motion for Relief from Judgment Pursuant to F.R.C.P. 60, Application for Further Stay of Execution, and Supporting Memorandum (ECF No. 34) is DENIED. IT IS FURTHER ORDERED that the Hansley Law Firm shall comply with the Courts February 24, 2020 Order and tender the requisite attorneys fees by the original deadline of March 25, 2020. Signed by Judge Alan D Albright. (am) (Entered: 03/18/2020) (5) |
| Mar 16, 2020 | 34 | MOTION for Relief from Judgment pursuant to FRCP 60, Application for Further Stay of Execution by Gabriel De La Vega. (Attachments: # 1 Declaration in Support)(lad) (Entered: 03/16/2020) (Declaration in Support) (5) |
| Mar 16, 2020 | 34 | MOTION for Relief from Judgment pursuant to FRCP 60, Application for Further Stay of Execution by Gabriel De La Vega. (Attachments: # 1 Declaration in Support)(lad) (Entered: 03/16/2020) (Main Document) (9) |
| Feb 24, 2020 | 33 | ORDER GRANTING 31 Motion for Attorney Fees. IT IS FURTHER ORDERED that the Hansley Law Firm is liable for payment of Microsofts attorneys fees in the amount of $5,457.00. The Court ORDERS the Hansley Law Firm must tender payment of that entire amount to Microsofts Counsel within thirty (30) days of this Order and seek reimbursement from Plaintiff De La Vega if appropriate. IT IS FURTHER ORDERED that Plaintiffs Counsel, Austin Hansley, complete ten (10) hours of legal ethics courses by an accredited provider within ninety (90) days of this Order and provide proof to the Court that he has done so. Until Mr. Hansley completes those ethics courses and notifies the Court, all attorneys from the Hansley Law Firm are prohibited from filing anything on the Western District of Texas ECF system.2 The Clerks Office for the Western District of Texas is directed to suspend the ECF filing privileges for all members of the Hansley Law Firm until further ordered. Signed by Judge Alan D Albright. (am) (Entered: 02/25/2020) (7) |
| Feb 18, 2020 | 31 | MOTION for Attorney Fees by Microsoft Corporation. (Attachments: # 1 Affidavit of Barry K. Shelton, # 2 Exhibit A, # 3 Proposed Order)(Shelton, Barry) (Entered: 02/18/2020) (Proposed Order) (1) |
| Feb 18, 2020 | 31 | MOTION for Attorney Fees by Microsoft Corporation. (Attachments: # 1 Affidavit of Barry K. Shelton, # 2 Exhibit A, # 3 Proposed Order)(Shelton, Barry) (Entered: 02/18/2020) (Exhibit A) (2) |
| Feb 18, 2020 | 31 | MOTION for Attorney Fees by Microsoft Corporation. (Attachments: # 1 Affidavit of Barry K. Shelton, # 2 Exhibit A, # 3 Proposed Order)(Shelton, Barry) (Entered: 02/18/2020) (Affidavit of Barry K. Shelton) (2) |
| Feb 18, 2020 | 32 | TRANSCRIPT REQUEST by Microsoft Corporation for proceedings held on 02/14/2020. Proceedings Transcribed: Motion hearing. Court Reporter: Lily Reznik. (Shelton, Barry) (Entered: 02/18/2020) (2) |
| Feb 18, 2020 | 31 | MOTION for Attorney Fees by Microsoft Corporation. (Attachments: # 1 Affidavit of Barry K. Shelton, # 2 Exhibit A, # 3 Proposed Order)(Shelton, Barry) (Entered: 02/18/2020) (Main Document) (4) |
| Feb 14, 2020 | 30 | Minute Entry for proceedings held before Judge Alan D Albright: Motion Hearing held on 2/14/2020. Case called for Motion Hearing. Parties announce ready. Court notes that co-counsel for plaintiff, Austin Hansley, is not present. Court questions atty OFinan regarding missing counsel. OFinan confirms that Hansley was aware of the hearing and of the courts instruction for both counsel to be present. OFinan indicates Hansley is in the Dallas area. OFinan notified the court that he tendered his resignation with the Hansley Law Firm, PLLC two weeks ago and is here only because he understands that the plaintiff must have some kind of representation. He indicated that his intent is to wait until co-counsels admission to the court has been granted but will move to withdraw if he feels that it is taking too long for Hansley to get admitted. Court questions OFinan on why they filed a Notice of Dismissal after the judge already indicated that he was going to be granting the defendants Motion to Dismiss with Prejudice. Counsel contends that he and Hansley did not understand that the dismissal would be with prejudice, and only filed the Notice of Dismissal after the hearing believing that it would quicken the dismissal process and did not mean to go in contradiction of the court. Opposing counsel presents arguments against the plaintiffs contentions. Defense counsel notified the court that Plaintiff has been posting disparaging and libelous on Facebook against the judge and the defendants. Deft Orally Motions the Court STRIKE the Plaintiffs Notice of Dismissal. The court hereby STRIKES the Plaintiffs Notice of Dismissal. Deft Microsoft joins co-Defendants Oral Motion to Strike the Plaintiffs Notice of Dismal and Orally Move for Reimbursement of Fees Incurred in Defense of this Notice. Court orders the Defts counsel to compile a list of costs for their defense of this issue and submit them to the court for consideration. Pltfs counsel OFinan suggests the Defts instead file a Motion to Vacate the Notice of Dismissal instead of STRIKE the Motion to Vacate. Atty Shelton suggests that OFinan makes a Motion to Withdraw his Notice of Voluntary Dismissal. Counsel OFinan argues his concerns but finally agrees and Orally MOTIONS the Court to Allow Him to Withdraw his previously filed Notice(s) of Dismissal. Court requests that OFinan confirm with the court that OFinan notified Hansley that a Response to IBMs Motion for Judgment on the Pleadings (filed in 6:19-cv-614) is due Tuesday, February 18, 2020. Hearing concluded. (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(lad) (Entered: 02/14/2020) (0) |
| Feb 11, 2020 | 29 | ORDER GRANTING DEFENDANTS MOTIONS TO DISMISS re 13 Motion to Dismiss for Failure to State a Claim filed by Microsoft Corporation. The Court GRANTS Microsofts motion to dismiss WITH PREJUDICE. No. 6:19-cv-00612 ECF No. 13. For the reasons described herein, the Court also GRANTS Googles motion to dismiss (with respect to direct and indirect infringement, but not whether the Patent Offices decision to revive the 986 Patents application was arbitrary and capricious) WITH PREJUDICE. No. 6:19-cv-00617 ECF No. 15. Signed by Judge Alan D Albright. (am) (Entered: 02/11/2020) (15) |
| Feb 10, 2020 | 28 | AMENDED ORDER SETTING MOTION HEARING, Motion Hearing set for 2/14/2020 02:00 PM in Courtroom 5, on the Sixth Floor, United States Courthouse, 501 WestFifth Street, Austin, TX, Judge Alan D Albright. Signed by Judge Alan D Albright. (am) (Entered: 02/10/2020) (1) |
| Feb 10, 2020 | 27 | ORDER SETTING MOTION HEARING, Motion Hearing set for 2/14/2020 02:00 PM in in Courtroom 5, on the Sixth Floor, United States Courthouse, 501 WestFifth Street, Austin, TX, before Judge Alan D Albright. Signed by Judge Alan D Albright. (am) (Entered: 02/10/2020) (1) |
| Feb 8, 2020 | 26 | Transcript filed of Proceedings held on January 31, 2020, Proceedings Transcribed: Motion Hearing. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 3/2/2020, Redacted Transcript Deadline set for 3/10/2020, Release of Transcript Restriction set for 5/8/2020, (lr) (Entered: 02/08/2020) (39) |
| Feb 7, 2020 | 36 | Closing Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (am) (Entered: 06/18/2020) (1) |
| Feb 7, 2020 | 25 | RESPONSE IN OPPOSITION to 24 Notice of Voluntary Dismissal by Microsoft Corporation. (Shelton, Barry) (Entered: 02/07/2020) (3) |
| Feb 5, 2020 | 24 | NOTICE of Voluntary Dismissal by Gabriel De La Vega (O'Finan, Paul) (Entered: 02/05/2020) (1) |
| Feb 3, 2020 | 22 | ORDER CANCELLING TELEPHONIC SCHEDULING CONFERENCE. Signed by Judge Alan D Albright. (am) (Entered: 02/03/2020) (1) |
| Jan 31, 2020 | 23 | Minute Entry for proceedings held before Judge Alan D Albright: Motion Hearing held on 1/31/2020. Case called for Motion Hearing. Argument regarding pending motions to dismiss from both Defendants. The Court heard argument and decided to grant Defendants' Motions, with prejudice. Order will be forthcoming. (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(am) (Entered: 02/04/2020) (0) |
| Jan 30, 2020 | N/A | Text Order DENYING 20 Motion to Appear Pro Hac Vice entered by Judge Alan D Albright. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, DENIES the Motion. The Clerk's Office is directed to refund applicant's PHV fee. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy) (Entered: 01/30/2020) (0) |
| Jan 29, 2020 | 20 | MOTION to Appear Pro Hac Vice ( Filing fee $ 100 receipt number 600026217) by Gabriel De La Vega. (am) (Entered: 01/29/2020) (5) |
| Jan 29, 2020 | 21 | Opposed MOTION FOR EARLY BENCH TRIAL ON INEQUITABLE CONDUCT AND PROSECUTION LACHES by Microsoft Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Proposed Order)(Shelton, Barry) (Entered: 01/29/2020) (Main Document) (13) |
| Jan 29, 2020 | 21 | Opposed MOTION FOR EARLY BENCH TRIAL ON INEQUITABLE CONDUCT AND PROSECUTION LACHES by Microsoft Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Proposed Order)(Shelton, Barry) (Entered: 01/29/2020) (Proposed Order) (2) |
| Jan 29, 2020 | 21 | Opposed MOTION FOR EARLY BENCH TRIAL ON INEQUITABLE CONDUCT AND PROSECUTION LACHES by Microsoft Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Proposed Order)(Shelton, Barry) (Entered: 01/29/2020) (Exhibit 7) (2) |
| Jan 29, 2020 | 21 | Opposed MOTION FOR EARLY BENCH TRIAL ON INEQUITABLE CONDUCT AND PROSECUTION LACHES by Microsoft Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Proposed Order)(Shelton, Barry) (Entered: 01/29/2020) (Exhibit 6) (3) |
| Jan 29, 2020 | 21 | Opposed MOTION FOR EARLY BENCH TRIAL ON INEQUITABLE CONDUCT AND PROSECUTION LACHES by Microsoft Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Proposed Order)(Shelton, Barry) (Entered: 01/29/2020) (Exhibit 5) (4) |
| Jan 29, 2020 | 21 | Opposed MOTION FOR EARLY BENCH TRIAL ON INEQUITABLE CONDUCT AND PROSECUTION LACHES by Microsoft Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Proposed Order)(Shelton, Barry) (Entered: 01/29/2020) (Exhibit 4) (5) |
| Jan 29, 2020 | 21 | Opposed MOTION FOR EARLY BENCH TRIAL ON INEQUITABLE CONDUCT AND PROSECUTION LACHES by Microsoft Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Proposed Order)(Shelton, Barry) (Entered: 01/29/2020) (Exhibit 3) (12) |
| Jan 29, 2020 | 21 | Opposed MOTION FOR EARLY BENCH TRIAL ON INEQUITABLE CONDUCT AND PROSECUTION LACHES by Microsoft Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Proposed Order)(Shelton, Barry) (Entered: 01/29/2020) (Exhibit 2) (4) |
| Jan 29, 2020 | 21 | Opposed MOTION FOR EARLY BENCH TRIAL ON INEQUITABLE CONDUCT AND PROSECUTION LACHES by Microsoft Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Proposed Order)(Shelton, Barry) (Entered: 01/29/2020) (Exhibit 1) (2) |
| Jan 28, 2020 | 19 | ORDER RESETTING MOTION HEARING Motion Hearing set for 1/31/2020 09:00 AM in Austin before Judge Alan D Albright. Signed by Judge Alan D Albright. (am) (Entered: 01/28/2020) (1) |
| Jan 6, 2020 | 17 | ORDER SETTING MOTION HEARING, Motion Hearing set for 1/31/2020 09:30 AM in Courtroom 5, on the Sixth Floor, United States Courthouse, 501 West Fifth Street, Austin, TX before Judge Alan D Albright. Signed by Judge Alan D Albright. (am) (Entered: 01/06/2020) (1) |
| Jan 6, 2020 | 18 | ORDER GOVERNING PROCEEDINGS PATENT CASE, Telephone Conference set for 2/7/2020 10:30 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (am) (Entered: 01/06/2020) (8) |
| Jan 2, 2020 | 16 | REPLY to Response to Motion, filed by Microsoft Corporation, re 13 Motion to Dismiss for Failure to State a Claim filed by Defendant Microsoft Corporation (Shelton, Barry) (Entered: 01/02/2020) (8) |
| Dec 26, 2019 | 15 | RESPONSE to Motion, filed by Gabriel De La Vega, re 13 Motion to Dismiss for Failure to State a Claim filed by Defendant Microsoft Corporation (Attachments: # 1 Proposed Order Proposed Order)(O'Finan, Paul) (Entered: 12/26/2019) (Main Document) (11) |
| Dec 26, 2019 | 15 | RESPONSE to Motion, filed by Gabriel De La Vega, re 13 Motion to Dismiss for Failure to State a Claim filed by Defendant Microsoft Corporation (Attachments: # 1 Proposed Order Proposed Order)(O'Finan, Paul) (Entered: 12/26/2019) (Proposed Order Proposed Order) (1) |
| Dec 12, 2019 | 14 | RULE 7 DISCLOSURE STATEMENT filed by Microsoft Corporation. (Shelton, Barry) (Entered: 12/12/2019) (2) |
| Dec 12, 2019 | 13 | Motion to Dismiss for Failure to State a Claim by Microsoft Corporation. (Shelton, Barry) (Entered: 12/12/2019) (9) |
| Nov 14, 2019 | 12 | NOTICE of Change of Address by Paul W. O'Finan (O'Finan, Paul) (Entered: 11/14/2019) (1) |
| Nov 11, 2019 | N/A | Set/Reset Deadlines: Microsoft Corporation answer due 12/12/2019. (am) (Entered: 11/12/2019) (0) |
| Nov 11, 2019 | N/A | Text Order GRANTING 11 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Came on for consideration is Defendant's Motion. Noting that it is unopposed, the Court GRANTS the Motion. Defendant shall have up to and including December 12, 2019 to answer or otherwise respond to Plaintiff's Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy) (Entered: 11/11/2019) (0) |
| Nov 9, 2019 | 11 | Unopposed MOTION for Extension of Time to File Answer re 7 Amended Complaint by Microsoft Corporation. (Attachments: # 1 Proposed Order)(Shelton, Barry) (Entered: 11/09/2019) (Main Document) (2) |
| Nov 9, 2019 | 10 | NOTICE of Attorney Appearance by Barry K. Shelton on behalf of Microsoft Corporation. Attorney Barry K. Shelton added to party Microsoft Corporation(pty:dft) (Shelton, Barry) (Entered: 11/09/2019) (1) |
| Nov 9, 2019 | 11 | Unopposed MOTION for Extension of Time to File Answer re 7 Amended Complaint by Microsoft Corporation. (Attachments: # 1 Proposed Order)(Shelton, Barry) (Entered: 11/09/2019) (Proposed Order) (1) |
| Oct 16, 2019 | N/A | Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (am) (Entered: 10/16/2019) (0) |
| Oct 16, 2019 | 7 | Complaint* (1) |
| Oct 16, 2019 | 5 | Summons Issued as to Microsoft Corporation. (am) (Entered: 10/16/2019) (2) |
| Oct 16, 2019 | 6 | Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (am) (Entered: 10/16/2019) (2) |
| Oct 16, 2019 | 7 | AMENDED COMPLAINT against Microsoft Corporation amending 1 Complaint., filed by Gabriel De La Vega. (Attachments: # 1 Exhibit Exhibit A, # 2 Civil Cover Sheet Civil Cover Sheet)(O'Finan, Paul) (Entered: 10/16/2019) (Main Document) (22) |
| Oct 16, 2019 | 8 | DEMAND for Trial by Jury by Gabriel De La Vega. (O'Finan, Paul) (Entered: 10/16/2019) (1) |
| Oct 16, 2019 | 9 | RULE 7 DISCLOSURE STATEMENT filed by Gabriel De La Vega. (O'Finan, Paul) (Entered: 10/16/2019) (1) |
| Oct 16, 2019 | 7 | AMENDED COMPLAINT against Microsoft Corporation amending 1 Complaint., filed by Gabriel De La Vega. (Attachments: # 1 Exhibit Exhibit A, # 2 Civil Cover Sheet Civil Cover Sheet)(O'Finan, Paul) (Entered: 10/16/2019) (Exhibit Exhibit A) (16) |
| Oct 16, 2019 | 7 | AMENDED COMPLAINT against Microsoft Corporation amending 1 Complaint., filed by Gabriel De La Vega. (Attachments: # 1 Exhibit Exhibit A, # 2 Civil Cover Sheet Civil Cover Sheet)(O'Finan, Paul) (Entered: 10/16/2019) (Civil Cover Sheet Civil Cover Sheet) (1) |
| Oct 16, 2019 | 4 | REQUEST FOR ISSUANCE OF SUMMONS by Gabriel De La Vega. (O'Finan, Paul) (Entered: 10/16/2019) (2) |
| Oct 16, 2019 | 3 | RULE 7 DISCLOSURE STATEMENT filed by Gabriel De La Vega. (O'Finan, Paul) (Entered: 10/16/2019) (1) |
| Oct 16, 2019 | 2 | DEMAND for Trial by Jury by Gabriel De La Vega. (O'Finan, Paul) (Entered: 10/16/2019) (1) |
