Case number 1:20-cv-22945
DeCurtis LLC v. Carnival Corporation > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 3, 2023 | 614 | TRANSCRIPT of Jury Trial held on 03/10/2023 before Judge Robert N. Scola, Jr, 1-162 pages, Court Reporter: Bailey-Entin Reporting, 954-745-9511 / trish@bereporting.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/24/2023. Redacted Transcript Deadline set for 11/3/2023. Release of Transcript Restriction set for 1/2/2024. (jgo) (Entered: 10/03/2023) (0) |
| May 2, 2023 | 613 | ORDER STAYING AND ADMINISTRATIVELY CLOSING CASE UPON SUGGESTION OF BANKRUPTCY. Signed by Judge Robert N. Scola, Jr., See attached document for full details. (caw) (Entered: 05/02/2023) (2) |
| May 1, 2023 | 612 | NOTICE by Carnival Corporation re 611 Suggestion of Bankruptcy (Fassbender, Diana) (Entered: 05/01/2023) (2) |
| Apr 30, 2023 | 611 | SUGGESTION OF BANKRUPTCY as to DeCurtis LLC and DeCurtis Corporation by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC (Schwartz, Adam) (Entered: 04/30/2023) (3) |
| Apr 25, 2023 | 610 | CERTIFICATE of Compliance Re Admitted Evidence by Diana Marie Fassbender on behalf of Carnival Corporation (Fassbender, Diana) (Entered: 04/25/2023) (1) |
| Apr 19, 2023 | 608 | CLERK'S Notice of Maintaining Audio-Visual Exhibit(s) received from Plaintiff Re D.E. 589 Notice of Conventional Filing. Exhibit Numbers: P-1840,P-1864,P-1865,P1866,P1867, ( 1 Cd) (rrs) (Entered: 04/19/2023) (0) |
| Apr 19, 2023 | 609 | Plaintiff's MOTION to Bifurcate Attorneys' Fees Determination by Carnival Corporation. Responses due by 5/3/2023 (Attachments: # 1 Text of Proposed Order)(Fassbender, Diana) (Entered: 04/19/2023) (0) |
| Apr 17, 2023 | 607 | MOTION Renewed Post-Trial Motion to Determine Carnival's Lack of Standing to Assert Infringement of the '184 Patent by DeCurtis Corporation, DeCurtis LLC. (Attachments: # 1 Transcripts 2.28.23 Trial Transcript Excerpts, # 2 Transcripts 3.1.23 Trial Transcript Excerpts, # 3 Transcripts 3.6.23 Trial Transcript Excerpts, # 4 Transcripts 3.8.23 Trial Transcript Excerpts, # 5 Exhibit P-1, # 6 Exhibit P-15, # 7 Exhibit P-18, # 8 Exhibit DDX-8, # 9 Exhibit DTX-0130, # 10 Exhibit DTX-0131, # 11 Exhibit DTX-0148, # 12 Exhibit DTX-0318, # 13 Exhibit DTX-0391, # 14 Exhibit DTX-0402, # 15 Exhibit DTX-0642)(Schwartz, Adam) (Entered: 04/17/2023) (0) |
| Apr 14, 2023 | 606 | CLERK'S Notice of Maintaining Audio-Visual Exhibit(s) received from Plaintiff Re D.E. 594 Notice of Conventional Filing. Exhibit Numbers: CDX-5,CDX-6,CDX-7,CDX-13,( 1Cd) (rrs) (Entered: 04/14/2023) (0) |
| Apr 13, 2023 | 605 | STATUS REPORT Jointly filed by Carnival Corporation (Fassbender, Diana) (Entered: 04/13/2023) (4) |
| Apr 12, 2023 | 604 | CLERK'S Notice of Maintaining Audio-Visual Exhibit(s) received from Defendant Re D.E. 598 Notice of Conventional Filing. Exhibit Numbers: DDX11, (1CD) (rrs) (Entered: 04/12/2023) (0) |
| Apr 11, 2023 | 597 | PAPERLESS ORDER: The Court grants 596 the parties' joint supplemental motion to file certain demonstrative and trial exhibits under seal. The filings must remain under seal until April 11, 2033, at which time they must be destroyed. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 04/11/2023) (0) |
| Apr 11, 2023 | 598 | NOTICE OF CONVENTIONAL FILING of Demonstrative DDX-11 by DeCurtis Corporation, DeCurtis LLC (Attachments: # 1 Supplemental Attachments) (pcs) (Entered: 04/11/2023) (0) |
| Apr 11, 2023 | 600 | CERTIFICATE of Compliance Re Admitted Evidence by Adam Louis Schwartz on behalf of DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC (Schwartz, Adam) (Entered: 04/11/2023) (1) |
| Apr 11, 2023 | 601 | NOTICE by Carnival Corporation OF FILING CERTAIN DEMONSTRATIVES AND TRIAL EXHIBITS (Attachments: # 1 Exhibit 1 Padgett Demonstrative, # 2 Exhibit 2 Padgett Demonstrative, # 3 Exhibit 3 Padgett Demonstrative, # 4 Exhibit 4 Padgett Demonstrative, # 5 Exhibit 5 Padgett Demonstrative (FUS), # 6 Exhibit 6 Padgett Demonstrative (FUS), # 7 Exhibit 7 Padgett Demonstrative (FUS), # 8 Exhibit 8 De La Iglesia - 01. DLI Ocean, # 9 Exhibit 9 De La Iglesia - 02. DLI DXP Solo, # 10 Exhibit 10 De La Iglesia - 03. DLI DXP, # 11 Exhibit 11 De La Iglesia - 04. DLI Direct Patent (FUS), # 12 Exhibit 12 Coleman Demonstratives (Redacted), # 13 Exhibit 13 Rebuttal Demonstrative, # 14 Exhibit A Carnival Opening (FUS), # 15 Exhibit B Carnival Closing (FUS), # 16 Exhibit P-70 (FUS), # 17 Exhibit P-379 (FUS), # 18 Exhibit P-390 (FUS), # 19 Exhibit P-530, # 20 Exhibit P-694 (FUS), # 21 Exhibit P-697 (FUS), # 22 Exhibit P-834 (FUS), # 23 Exhibit P-1486 (FUS), # 24 Exhibit P-1487 (FUS), # 25 Exhibit P-1958 (FUS), # 26 Exhibit P-1970 (FUS)) (Fassbender, Diana) (Entered: 04/11/2023) (0) |
| Apr 11, 2023 | 603 | NOTICE by Carnival Corporation OF FILING DEPOSITION TESTIMONY (Attachments: # 1 Designation of Depo Transcript for Vincent Ball, # 2 Designation of Depo Transcript for Richard Criado, # 3 Designation of Depo Transcript for Glen Curtis, # 4 Designation of Depo Transcript for Sander Lam, # 5 Designation of Depo Transcript for Adam Leonards, # 6 Designation of Depo Transcript for Patrick Mendiuk) (Fassbender, Diana) (Entered: 04/11/2023) (0) |
| Apr 10, 2023 | 592 | Joint MOTION to File Video Demonstratives via Conventional Means by Carnival Corporation, Carnival Corporation. (Attachments: # 1 Text of Proposed Order [Proposed] Order on Joint Motion to File Video Demonstratives via Conventional Means)(Espinosa, Jorge) (Entered: 04/10/2023) (0) |
| Apr 10, 2023 | 593 | PAPERLESS ORDER: The Court grants 592 the parties' joint motion for leave to conventionally file their video demonstrative exhibits, introduced during trial in this case. The parties may conventionally file their video footage with the Clerk of Court. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 04/10/2023) (0) |
| Apr 10, 2023 | 594 | NOTICE of Filing Video Demonstratives Via Conventional Means by Carnival Corporation (pcs) (Entered: 04/10/2023) (8) |
| Apr 10, 2023 | 595 | Clerk's Notice of Filing Deficiency Re: 594 Notice of Conventional Filing filed by Carnival Corporation. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (pcs) (Entered: 04/10/2023) (1) |
| Apr 10, 2023 | 596 | Joint MOTION to Seal Supplemental Motion Seeking Leave for the Parties to File Certain Demonstratives and Trial Exhibits Under Seal per Local Rule 5.4 by Carnival Corporation, Carnival Corporation, DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Attachments: # 1 Text of Proposed Order) (Schwartz, Adam) (Entered: 04/10/2023) (0) |
| Apr 4, 2023 | 586 | PAPERESS ORDER: The Court grants 580 DeCurtis LLC and DeCurtis Corporation's unopposed motion to file certain trial exhibits under seal. DeCurtis LLC and DeCurtis Corporation may file the exhibits identified in 580 their motion under seal. The filings must remain under seal until April 3, 2033, at which time they must be destroyed. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 04/04/2023) (0) |
| Apr 4, 2023 | 588 | PAPERLESS ORDER: The Court denies, without prejudice, 584 DeCurtis Corporation and DeCurtis LLC's supplemental motion to file a trial exhibit under seal because the motion does not contain a proper pre-filing-conference certification which, as the Court has repeatedly reminded this party, is required by the Court's Local Rules. Local Rule 7.1(a)(3) requires an attorney filing a motion in a civil case to first confer with opposing counsel in a good-faith effort to resolve by agreement the issues raised in the motion. S.D. Fla. L.R. 7.1(a)(3). Counsel's averment that, on the very same day that he filed the motion, "he attempted to confer with counsel for Carnival via telephone and email, but did not receive a response" is inadequate and does not amount to a "reasonable effort to confer." The purpose of the rule is to ensure judicial economy, prevent courts from wasting time evaluating issues the parties might be in agreement on, inform the Court as to whether it need wait for a response from the opposing party before deciding the motion, and, importantly, force the parties to engage in the meaningful exchange of information and viewpoints. See, e.g., Aguilar v. United Floor Crew, Inc. , No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014) (Bloom, J.). Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 04/04/2023) (0) |
| Apr 4, 2023 | 589 | NOTICE OF FILING VIDEO EXHIBITS BY CONVENTIONAL MEANS by Carnival Corporation (Attachments: # 1 Exhibit A, # 2 Supplemental Attachment) (pcs) (Entered: 04/04/2023) (0) |
| Apr 4, 2023 | 590 | Clerk's Notice of Filing Deficiency Re: 589 Notice of Conventional Filing filed by Carnival Corporation. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (pcs) (Entered: 04/04/2023) (1) |
| Apr 3, 2023 | 576 | FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (pcs) (Entered: 04/03/2023) (3) |
| Apr 3, 2023 | 577 | Unopposed MOTION to File Video Exhibits in the Conventional Manner by Carnival Corporation, Carnival Corporation. (Attachments: # 1 Text of Proposed Order Granting Motion to File Video Exhibits in the Conventional Manner)(Espinosa, Jorge) (Entered: 04/03/2023) (0) |
| Apr 3, 2023 | 578 | NOTICE by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC of Filing Trial Exhibits (Attachments: # 1 Exhibit DTX-3, DTX-6, DTX-7, DTX-10, DTX-15, DTX-25, DTX-42, DTX-96, DTX-129, DTX-130, DTX-131, DTX-147, DTX-148, DTX-159, DTX-160, DTX-162, DTX-174, DTX-303, DTX-312, DTX-318, # 2 Exhibit DTX-338, DTX-340, DTX-385, DTX-391, DTX-402, DTX-442, DTX-470, DTX-554, DTX-555, DTX-579, DTX-602, DTX-614, DTX-642, DTX-746, # 3 Exhibit DTX-807, # 4 Exhibit DTX-928, DTX-994, DTX-1069, DTX-1307, DTX-1503, DTX-1504, DTX-1507, DTX-1514, DTX-1515, DTX-1518, DTX-1525) (Schwartz, Adam) (Entered: 04/03/2023) (0) |
| Apr 3, 2023 | 579 | PAPERLESS ORDER: The Court grants 577 Carnival Corporation's motion for leave to conventionally file its video exhibits, admitted into the record during trial in this case. Carnival may conventionally file its video footage with the Clerk of Court. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 04/03/2023) (0) |
| Apr 3, 2023 | 580 | Unopposed MOTION to Seal Certain Trial Exhibits per Local Rule 5.4 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order) (Schwartz, Adam) (Entered: 04/03/2023) (0) |
| Apr 3, 2023 | 581 | Exhibit List - Trial by Carnival Corporation.. (Attachments: # 1 Exhibit P-1, # 2 Exhibit P-2, # 3 Exhibit P-2A, # 4 Exhibit P-8, # 5 Exhibit P-13, # 6 Exhibit P-14, # 7 Exhibit P-18, # 8 Exhibit P-23, # 9 Exhibit P-90, # 10 Exhibit P-135, # 11 Exhibit P-136, # 12 Exhibit P-212, # 13 Exhibit P-311 (FUS), # 14 Exhibit P-346, # 15 Exhibit P-349, # 16 Exhibit P-384, # 17 Exhibit P-399, # 18 Exhibit P-402 (FUS), # 19 Exhibit P-448 (FUS), # 20 Exhibit P-452, # 21 Exhibit P-465 (FUS), # 22 Exhibit P-467, # 23 Exhibit P-488 (FUS), # 24 Exhibit P-489 (FUS), # 25 Exhibit P-498, # 26 Exhibit P-507, # 27 Exhibit P-509, # 28 Exhibit P-519, # 29 Exhibit P-538, # 30 Exhibit P-555, # 31 Exhibit P-562 (FUS), # 32 Exhibit P-564, # 33 Exhibit P-580, # 34 Exhibit P-581, # 35 Exhibit P-591, # 36 Exhibit P-596, # 37 Exhibit P-664 (FUS), # 38 Exhibit P-679, # 39 Exhibit P-680, # 40 Exhibit P-681, # 41 Exhibit P-690, # 42 Exhibit P-691, # 43 Exhibit P-693, # 44 Exhibit P-704, # 45 Exhibit P-711, # 46 Exhibit P-714 (FUS), # 47 Exhibit P-720, # 48 Exhibit P-728, # 49 Exhibit P-737, # 50 Exhibit P-738, # 51 Exhibit P-749, # 52 Exhibit P-751, # 53 Exhibit P-752, # 54 Exhibit P-753, # 55 Exhibit P-754, # 56 Exhibit P-755, # 57 Exhibit P-756, # 58 Exhibit P-764, # 59 Exhibit P-765, # 60 Exhibit P-766, # 61 Exhibit P-767, # 62 Exhibit P-768, # 63 Exhibit P-771, # 64 Exhibit P-772, # 65 Exhibit P-773, # 66 Exhibit P-782, # 67 Exhibit P-789 (FUS), # 68 Exhibit P-796 (FUS), # 69 Exhibit P-809, # 70 Exhibit P-816, # 71 Exhibit P-825, # 72 Exhibit P-838, # 73 Exhibit P-867, # 74 Exhibit P-879, # 75 Exhibit P-885, # 76 Exhibit P-886, # 77 Exhibit P-887, # 78 Exhibit P-888, # 79 Exhibit P-889, # 80 Exhibit P-890, # 81 Exhibit P-895, # 82 Exhibit P-896, # 83 Exhibit P-897, # 84 Exhibit P-898, # 85 Exhibit P-900, # 86 Exhibit P-907 (FUS), # 87 Exhibit P-908 (FUS), # 88 Exhibit P-961 (FUS), # 89 Exhibit P-963 (FUS), # 90 Exhibit P-1090, # 91 Exhibit P- 1091 (FUS), # 92 Exhibit P-1157, # 93 Exhibit P-1261, # 94 Exhibit P-1288 (FUS), # 95 Exhibit P-1325, # 96 Exhibit P-1356, # 97 Exhibit P-1396, # 98 Exhibit P-1484, # 99 Exhibit P-1547, # 100 Exhibit P-1548, # 101 Exhibit P-1560, # 102 Exhibit P-1636, # 103 Exhibit P-1638, # 104 Exhibit P-1642, # 105 Exhibit P-1649, # 106 Exhibit P-1657, # 107 Exhibit P-1679, # 108 Exhibit P-1827, # 109 Exhibit P-1828, # 110 Exhibit P-1829, # 111 Exhibit P-1831, # 112 Exhibit P-1832, # 113 Exhibit P-1840, # 114 Exhibit P-1852, # 115 Exhibit P-1863, # 116 Exhibit P-1864, # 117 Exhibit P-1865, # 118 Exhibit P-1866, # 119 Exhibit P-1867, # 120 Exhibit P-1888, # 121 Exhibit P-1898 (FUS), # 122 Exhibit P-1960, # 123 Exhibit P-1961, # 124 Exhibit P-1966, # 125 Exhibit P-1968, # 126 Exhibit P-1971 (FUS))(Fassbender, Diana) (Entered: 04/03/2023) (0) |
| Apr 3, 2023 | 582 | NOTICE by Carnival Corporation -Filing Additional Exhibit (Attachments: # 1 Exhibit P-15) (Fassbender, Diana) (Entered: 04/03/2023) (0) |
| Apr 3, 2023 | 583 | NOTICE by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC of Filing Trial Demonstratives (Attachments: # 1 Exhibit DDX-1, # 2 Exhibit DDX-4, # 3 Exhibit DDX-6, # 4 Exhibit DDX-7, # 5 Exhibit DDX-8, # 6 Exhibit DDX-11, # 7 Exhibit DDX-13, # 8 Exhibit DDX-15, # 9 Exhibit P-1261) (Schwartz, Adam) (Entered: 04/03/2023) (0) |
| Apr 3, 2023 | 584 | Supplemental MOTION to Seal Certain Trial Exhibits per Local Rule 5.4 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Attachments: # 1 Text of Proposed Order) (Schwartz, Adam) (Entered: 04/03/2023) (0) |
| Apr 3, 2023 | 585 | NOTICE by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC of Supplemental Filing of Trial Exhibits (Attachments: # 1 Exhibit DTX-1, # 2 Exhibit DTX-450) (Schwartz, Adam) (Entered: 04/03/2023) (0) |
| Mar 31, 2023 | 575 | JUDGMENT on the Verdict in favor of Carnival Corporation against DeCurtis LLC, and in favor of DeCurtis LLC against Carnival Corporation (Status Report due by 4/14/2023.) Closing Case. Motions terminated: 551 MOTION for Judgment as a Matter of Law (DECURTIS'S MOTION FOR JUDGMENT AS A MATTER OF LAW PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 50(a)) filed by DeCurtis Corporation, DeCurtis LLC, 574 MOTION Post-Trial Motion to Determine Carnival's Lack of Standing to Assert Infringement of the '184 Patent filed by DeCurtis Corporation, DeCurtis LLC, 570 EXPEDITED MOTION FOR ENTRY OF FINAL JUDGMENT filed by Carnival Corporation. Signed by Judge Robert N. Scola, Jr on 3/31/2023. See attached document for full details. (pcs) (Entered: 04/03/2023) (2) |
| Mar 23, 2023 | 572 | RESPONSE in Opposition re 570 EXPEDITED MOTION FOR ENTRY OF FINAL JUDGMENT filed by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Replies due by 3/30/2023. (Schwartz, Adam) (Entered: 03/23/2023) (7) |
| Mar 23, 2023 | 573 | REPLY to Response to Motion re 570 EXPEDITED MOTION FOR ENTRY OF FINAL JUDGMENT filed by Carnival Corporation. (Fassbender, Diana) (Entered: 03/23/2023) (4) |
| Mar 23, 2023 | 574 | MOTION Post-Trial Motion to Determine Carnival's Lack of Standing to Assert Infringement of the '184 Patent by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Attachments: # 1 Transcripts 2.28.23 Trial Transcript Excerpts, # 2 Transcripts 3.1.23 Trial Transcript Excerpts, # 3 Transcripts 3.6.23 Trial Transcript Excerpts, # 4 Transcripts 3.8.23 Trial Transcript Excerpts, # 5 Exhibit P-1, # 6 Exhibit P-15, # 7 Exhibit P-18, # 8 Exhibit DDX-8, # 9 Exhibit DTX-0130, # 10 Exhibit DTX-0131, # 11 Exhibit DTX-0148, # 12 Exhibit DTX-0318, # 13 Exhibit DTX-0391, # 14 Exhibit DTX-0402, # 15 Exhibit DTX-0642)(Schwartz, Adam) (Entered: 03/23/2023) (0) |
| Mar 21, 2023 | 571 | PAPERLESS ORDER: Carnival Corporation has filed 570 an "expedited" motion for entry of final judgment, urging the Court to immediately enter final judgment. According to Carnival, DeCurtis Corporation and DeCurtis LLC (together, "DeCurtis") object not only to the entry of final judgment in the form proposed by Carnival, but to the immediate entry of final judgment at all. The Court intends to enter final judgment in this case by Friday, March 24, 2023. To that end, the Court encourages the parties to confer again, in an attempt to reach an agreement on a jointly proposed final judgment, which must be filed on or before noon on Thursday, March 23, 2023, to be considered by the Court. Absent an agreement on the form of the final judgment in this case, DeCurtis may file a response to Carnival's motion, also on or before noon on Thursday, March 23, 2023. Signed by Judge Robert N. Scola, Jr. (Entered: 03/21/2023) (0) |
| Mar 20, 2023 | 570 | EXPEDITED MOTION FOR ENTRY OF FINAL JUDGMENT by Carnival Corporation. (Attachments: # 1 Text of Proposed Order)(Fassbender, Diana) (Entered: 03/20/2023) (0) |
| Mar 16, 2023 | 569 | ORDER DENYING 553 Rule 50(a) Amended Motion for Judgment as a Matter of Law; and DENYING 557 Rule 50(a) Motion for Judgment as a Matter of Law. Signed by Judge Robert N. Scola, Jr., on 3/16/2023. See attached document for full details. (caw) (Entered: 03/17/2023) (1) |
| Mar 15, 2023 | 567 | Joint MOTION for Extension of Time to File Trial Exhibits by Carnival Corporation, Carnival Corporation, DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 3/29/2023 (Attachments: # 1 Text of Proposed Order)(Schwartz, Adam) (Entered: 03/15/2023) (0) |
| Mar 15, 2023 | 568 | PAPERLESS ORDER: The Court grants 567 the parties' joint motion for a two-week extension of time to file their trial exhibits or to seek leave to deliver electronic versions of certain exhibits. The parties must file their trial exhibits in CM/ECF or seek leave to deliver electronic versions on or before April 3, 2023. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 03/15/2023) (0) |
| Mar 14, 2023 | 566 | NOTICE by Carnival Corporation of Filing Designated Pages of the Deposition of J. Carino Played at Trial (Attachments: # 1 Exhibit A- Carino Testimony) (Fassbender, Diana) (Entered: 03/14/2023) (0) |
| Mar 13, 2023 | 565 | Exhibit List Defendants' Trial Exhibit List by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC.. (Schwartz, Adam) (Entered: 03/13/2023) (30) |
| Mar 10, 2023 | 557 | MOTION for Judgment as a Matter of Law Pursuant to Rule 50(a) by Carnival Corporation. (Attachments: # 1 Text of Proposed Order)(Fassbender, Diana) (Entered: 03/10/2023) (0) |
| Mar 10, 2023 | 558 | Error in Docketing. (kbe) Modified text/status per Chambers on 3/10/2023 (sk). (Entered: 03/10/2023) (0) |
| Mar 10, 2023 | 559 | Clerk's Notice of Docket Correction re 558 Order/Error in Docketing per Chambers. Docket entry Filed in Wrong Case; Docket text modified. Docket entry filed in correct case by Chambers. (sk) (Entered: 03/10/2023) (0) |
| Mar 10, 2023 | 560 | Court's Instructions to the jury read 3/9/2023. (jh) (Entered: 03/10/2023) (30) |
| Mar 10, 2023 | 561 | Jury Note and Court's response (jh) (Entered: 03/10/2023) (2) |
| Mar 10, 2023 | 562 | Jury Note (jh) (Entered: 03/10/2023) (1) |
| Mar 10, 2023 | 563 | JURY VERDICT (jh) (Entered: 03/10/2023) (3) |
| Mar 10, 2023 | 564 | Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Jury Trial held and completed on 3/10/2023. Day 9. See attached document for additional information. Court Reporter: Trish Bailey Entin 954-745-9511 Trish@BEreporting.com (jh) (Entered: 03/10/2023) (1) |
| Mar 9, 2023 | 555 | Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Jury Trial held on 3/9/2023. Day 8. Jury trial will resume at 8:15 AM on 3/10/2023. See attached document for additional information. Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. (jh) (Entered: 03/09/2023) (1) |
| Mar 9, 2023 | 556 | NOTICE by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC (DECURTIS CORPORATION AND DECURTIS, LLC'S NOTICE OF FILING DESIGNATED EXCERPTS OF THE DEPOSITIONS OF DAVID WORRALL AND JON ENGEBRETSEN PLAYED AT TRIAL) (Attachments: # 1 Exhibit A - David Worrall Deposition Designations Played to the Jury on March 8, 2023, # 2 Exhibit B - Jon Engebretsen Deposition Designations Played to the Jury on March 9, 2023, # 3 Exhibit C - John Padgett Deposition Designations Played to the Jury on February 28, 2023) (Hernandez, Antonio) (Entered: 03/09/2023) (0) |
| Mar 8, 2023 | 551 | MOTION for Judgment as a Matter of Law (DECURTIS'S MOTION FOR JUDGMENT AS A MATTER OF LAW PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 50(a)) by DeCurtis Corporation, DeCurtis LLC. (Hernandez, Antonio) (Entered: 03/08/2023) (21) |
| Mar 8, 2023 | 553 | Amended MOTION for Judgment as a Matter of Law (DECURTIS'S AMENDED MOTION FOR JUDGMENT AS A MATTER OF LAW PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 50(a)) by DeCurtis Corporation, DeCurtis LLC. (Hernandez, Antonio) (Entered: 03/08/2023) (21) |
| Mar 8, 2023 | 554 | Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Jury Trial held on 3/8/2023. Day 7. Jury trial will resume at 8:00 AM on 3/9/2023. See attached document for additional information. Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. (jh) (Entered: 03/09/2023) (1) |
| Mar 7, 2023 | 552 | Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Jury Trial held on 3/7/2023. Day 6. Jury trial will resume at 8:15 AM on 3/8/2023. See attached document for additional information. Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. (jh) (Entered: 03/08/2023) (1) |
| Mar 6, 2023 | 549 | NOTICE by Carnival Corporation of Filing Designated Excerpts of the Depositions of M. Agrawal and S. Murray Played at Trial (Attachments: # 1 Exhibit A- Deposition Excerpts of Megha Agrawal, # 2 Exhibit B- Deposition Excerpts of Simon Murray) (Fassbender, Diana) (Entered: 03/06/2023) (0) |
| Mar 6, 2023 | 550 | Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Jury Trial held on 3/6/2023. Day 5. Jury trial will resume at 9:10 AM on 3/7/2023. See attached document for additional information. Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. (jh) (Entered: 03/06/2023) (1) |
| Mar 2, 2023 | 548 | Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Charge Conference held on 3/2/2023. Day 4. Jury trial will resume at 9:00 AM on 3/6/2023. See attached document. Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. (jh) (Entered: 03/02/2023) (1) |
| Mar 1, 2023 | 544 | Statement of: Joint Proposed Verdict Form by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC (Hernandez, Antonio) (Entered: 03/01/2023) (6) |
| Mar 1, 2023 | 545 | Proposed Jury Instructions by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Hernandez, Antonio) (Entered: 03/01/2023) (30) |
| Mar 1, 2023 | 547 | Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Jury Trial held on 3/1/2023. Day 3. Charge conference set for 8:30 AM on 3/2/2023. Jury trial will resume at 9:00 AM on 3/6/2023. Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. (jh) (Entered: 03/02/2023) (1) |
| Feb 28, 2023 | 543 | Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Jury Trial held on 2/28/2023. Day 2. Jury trial will resume 9:00 AM on 3/1/2023. See attached document for additional information. Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. (jh) (Entered: 03/01/2023) (1) |
| Feb 27, 2023 | 540 | Exhibit List by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC.. (Hernandez, Antonio) (Entered: 02/27/2023) (30) |
| Feb 27, 2023 | 541 | Exhibit List (Trial) by Carnival Corporation.. (Fassbender, Diana) (Entered: 02/27/2023) (30) |
| Feb 27, 2023 | 542 | Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Jury Selection/Voir Dire held and Jury Trial begun on 2/27/2023. Day 1. Jury trial will resume 9:00 AM on 2/28/2023. See attached document for additional information. Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. (jh) (Entered: 02/27/2023) (1) |
| Feb 26, 2023 | 538 | Statement of: Parties Revised Objections to Designations and Counter-Designations For Witness John Engebretsen by Carnival Corporation, Carnival Corporation, DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC re 536 Order,, (Schwartz, Adam) (Entered: 02/26/2023) (13) |
| Feb 26, 2023 | 539 | ORDER ruling on the parties' objections to deposition designations. Signed by Judge Robert N. Scola, Jr. See attached document for full details. (kbe) (Entered: 02/26/2023) (24) |
| Feb 25, 2023 | 536 | PAPERLESS ORDER: The Court orders the parties to, once again, review the designations for Jon Engebretsen's deposition, and the associated objections, to determine whether any of the designations are obviated by recent Court rulings. After that review, the parties must file, no later than 2:00 pm tomorrow, Sunday, February 26, 2023, either (1) a redline version of the Engebretsen designations, indicating any designations that are no longer relevant in this case or (2) a notice certifying that all of the previously identified designations will still be relied on. The parties must also email a Word (.docx) version of the redline, if any, to scola@flsd.uscourts.gov. Signed by Judge Robert N. Scola, Jr (kbe) (Entered: 02/25/2023) (0) |
| Feb 25, 2023 | 537 | STIPULATION of Dismissal of all Claims and Counterclaims Related to U.S. Patent No. 10,049,516 by Carnival Corporation, Carnival Corporation, DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC (Schwartz, Adam) (Entered: 02/25/2023) (5) |
| Feb 24, 2023 | 533 | PAPERLESS ORDER: The Court grants 531 counsel's motion to appear pro hac vice. Melanie Bostwick of the law firm of Orrick, Herrington & Sutcliffe LLP is given permission to appear and participate in this matter as co-counsel on behalf of Carnival Corporation. The Clerk is directed to provide this attorney with notification of all electronic filings via the email address set forth in the motion. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 02/24/2023) (0) |
| Feb 24, 2023 | 534 | PAPERLESS Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Motion Hearing held via Zoom Meeting on 2/24/2023 re 525 Amended MOTION for Claim Construction of "Operative" in the '184 Patent filed by DeCurtis Corporation, DeCurtis LLC. Total time in court: 30 minutes. Attorney Appearance(s): Melanie Bostwick, Jorge Tadeo Espinosa, T. Vann Pearce, Sheryl K. Garko, Nicholas Groombridge, Jennifer H. Wu, and Adam Louis Schwartz. Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. (jh) (Entered: 02/24/2023) (0) |
| Feb 24, 2023 | 535 | ORDER denying 525 motion. Signed by Judge Robert N. Scola, Jr. See attached document for full details. (kbe) (Entered: 02/24/2023) (2) |
| Feb 23, 2023 | 526 | PRETRIAL MEMORANDUM for Carnival and DeCurtis' Objections to Designations and Counter-Designations by Carnival Corporation. (Fassbender, Diana) (Entered: 02/23/2023) (30) |
| Feb 23, 2023 | 527 | RESPONSE in Opposition re 525 Amended MOTION for Claim Construction of "Operative" in the '184 Patent filed by Carnival Corporation. Replies due by 3/2/2023. (Fassbender, Diana) (Entered: 02/23/2023) (8) |
| Feb 23, 2023 | 528 | PAPERLESS ORDER: The Court agrees with the parties that the jurors in this case should be shown the Patent Process Overview video referenced in 510 their joint pretrial stipulation. To facilitate that viewing, the Court orders the parties to coordinate broadcasting that video to the courtroom using their own equipment. The parties must be prepared to show the video on the first day of trial. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 02/23/2023) (0) |
| Feb 23, 2023 | 529 | PAPERLESS ORDER: The parties must jointly file their proposed verdict form via CM/ECF by noon on Wednesday, March 1, 2023. A Word format (.docx) version must also be submitted to the Court via e-mail at scola@flsd.uscourts.gov. While the parties need not agree on the exact form of the verdict, where they do agree, the agreed upon aspects of the jointly proposed verdict forms should be set out in regular typeface. Where the parties disagree, language proposed only by Carnival must be underlined and language proposed only by DeCurtis must be bold-faced. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 02/23/2023) (0) |
| Feb 23, 2023 | 530 | PAPERLESS ORDER: As previously indicated 524 , the Court has set a videoconference hearing on 525 DeCurtis's amended motion for claim construction for 12:30 pm on Friday, February 24, 2023. Login credentials are as follows:Join ZoomGov meeting: https://www.zoomgov.com/j/1602725061?pwd=aXdDV1RwVGRNQ1RvY2pxcmJTay9JZz09Meeting ID: 160 272 5061 and passcode: 132623Parties and counsel must abide by the following:Counsel must ensure that both counsel and client, if attending, have the ability to participate in a Zoom videoconference, with a stable internet connection. In particular, participants unfamiliar with Zoom should do an advance practice run at the location where they will participate in the hearing. If there is any doubt about a client's ability to maintain a stable connection to Zoom during their participation in the hearing, then counsel shall make arrangements for the client to participate at counsel's office.Each participant must log in ten minutes early and verify that they have a stable connection, transmitting and receiving clear video and audio, without any glitches.Appearance by videoconferencing is the digital equivalent of an actual, in-court hearing, so counsel and parties are expected to dress as though they are in an actual federal courtroom.Those granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 02/23/2023) (0) |
| Feb 23, 2023 | 531 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Melanie Bostwick. Filing Fee $ 200.00 Receipt # AFLSDC-16361106 by Carnival Corporation. Responses due by 3/9/2023 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Fassbender, Diana) (Entered: 02/23/2023) (0) |
| Feb 23, 2023 | 532 | REPLY to Response to Motion re 525 Amended MOTION for Claim Construction of "Operative" in the '184 Patent filed by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Schwartz, Adam) (Entered: 02/23/2023) (6) |
| Feb 22, 2023 | 518 | Statement of: Brief and Succinct Summary of Claims and Defenses by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC re 513 Order,, (Schwartz, Adam) (Entered: 02/22/2023) (2) |
| Feb 22, 2023 | 519 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Upnit Bhatti. Filing Fee $ 200.00 Receipt # AFLSDC-16352606 by Carnival Corporation. Responses due by 3/8/2023 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Fassbender, Diana) (Entered: 02/22/2023) (0) |
| Feb 22, 2023 | 520 | Statement of: Brief and Succinct Summary of Claims and Defenses by Carnival Corporation (Fassbender, Diana) (Entered: 02/22/2023) (4) |
| Feb 22, 2023 | 521 | MOTION for Claim Construction of "Operative" in the '184 Patent by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Schwartz, Adam) (Entered: 02/22/2023) (8) |
| Feb 22, 2023 | 522 | PAPERLESS ORDER granting 519 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Upnit K. Bhatti. Signed by Chief Magistrate Judge Edwin G. Torres on 2/22/2023. (elk) (Entered: 02/22/2023) (0) |
| Feb 22, 2023 | 523 | ORDER GRANTING 516 Motion to Bring Electronic Equipment into the Courtroom for Testing on February 24, 2023. Signed by Judge Robert N. Scola, Jr on 2/22/2023. See attached document for full details. (caw) (Entered: 02/22/2023) (2) |
| Feb 22, 2023 | 524 | PAPERLESS ORDER: The Court denies 521 DeCurtis's motion for claim construction because the motion does not contain a pre-filing-conference certification, as required by the Court's Local Rules. Local Rule 7.1(a)(3) requires an attorney filing a motion in a civil case to first confer with all parties or non-parties who may be affected by the relief sought in a good-faith effort to resolve by agreement the issues raised in the motion. "Compliance with Local Rule 7.1(a)(3) is mandatory and serves an important purpose." Hernandez v. Ticketmaster, LLC, No. 18-20869-CIV, 2018 WL 2198457, at *3 (S.D. Fla. May 14, 2018) (O'Sullivan, Mag. J). After conferring, the filing attorney must then include in the motion a statement explaining to the Court that (1) all or some of the issues raised in the motion are unopposed; (2) counsel conferred but could not agree on all or some of the issues raised in the motion; or (3) counsel diligently attempted to confer but was unable to reach the opposing counsel. S.D. Fla. L.R. 7.1(a)(3). "The purpose of the rule is to ensure judicial economy and prevent courts from considering issues the parties could agree on independently, and to ascertain whether the Court need wait for a response from the opposing party before deciding the motion." Aguilar v. United Floor Crew, Inc. , No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014) (Bloom, J.). Further, it is not clear from DeCurtis's filing that there is even a genuine dispute about the term "operative." DeCurtis couches Carnival's position on the issue by describing only what DeCurtis surmises is "Carnival's apparent construction." (ECF No. 521, 4 (emphasis added)); see, e.g., Yurovskiy v. Impex Point, LLC , 18-81288-CIV, 2020 WL 4677311, at *5 (S.D. Fla. Aug. 12, 2020) (Matthewman, J.) (noting that, had the movant "taken the time to fully and properly confer prior to filing his motion[,]... this entire unpleasant situation could have possibly been avoided"). Accordingly, if DeCurtis intends to refile its motion, it must first engage in a meaningful conferral with Carnival. During that conferral, Carnival must provide DeCurtis with its proposed construction, if any, of "operative" and state whether it disagrees with DeCurtis's construction. DeCurtis must include Carnival's responses in its motion. DeCurtis's amended motion, if any, must be filed by midnight tonight, Wednesday, February 22, 2023. Carnival must file its response to that motion by 3:00 pm, Thursday, February 23. The Court tentatively sets a hearing on the matter at 12:30 pm, Friday, February 24, which will be held via videoconference. Videoconference login credentials will be provided by separate order. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 02/22/2023) (0) |
| Feb 22, 2023 | 525 | Amended MOTION for Claim Construction of "Operative" in the '184 Patent by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Attachments: # 1 Exhibit A)(Schwartz, Adam) (Entered: 02/22/2023) (0) |
| Feb 21, 2023 | 510 | PRETRIAL STIPULATION Joint Pretrial Stipulation by Carnival Corporation (Attachments: # 1 Exhibit Carnival's Amended Exhibit List, # 2 Exhibit DeCurtis's Trial Exhibit List, # 3 Exhibit Carnival's Amended Witness List, # 4 Exhibit DeCurtis Amended Witness List)(Fassbender, Diana) (Entered: 02/21/2023) (0) |
| Feb 21, 2023 | 511 | ORDER GRANTING 508 CARNIVAL'S MOTION TO ALLOW ELECTRONIC EQUIPMENT INTO THE COURHOUSE. Signed by Judge Robert N. Scola, Jr., on 2/21/2023. See attached document for full details. (caw) (Entered: 02/21/2023) (2) |
| Feb 21, 2023 | 512 | PAPERLESS ORDER: The Court grants 506 counsel's motion to appear pro hac vice. Tammy Su of the law firm of Orrick, Herrington & Sutcliffe LLP is given permission to appear and participate in this matter as co-counsel on behalf of Carnival Corporation. The Clerk is directed to provide this attorney with notification of all electronic filings via the email address set forth in the motion. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 02/21/2023) (0) |
| Feb 21, 2023 | 513 | PAPERLESS ORDER: In light of the parties' inability to agree on a concise statement of this case, as revealed by their proposed jury instructions, the Court orders the parties to each file, by noon on Wednesday, February 22, 2023, separate brief and succinct summaries of their respective claims and defenses to be read to the jury by the Court during jury selection. Each summary must be no more than a half page in length, double spaced. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 02/21/2023) (0) |
| Feb 21, 2023 | 514 | PAPERLESS ORDER: For the reasons stated on the record in open court, at the hearing on February 21, 2023, the Court overrules in part and sustains in part 507 Carnival's objections to 496 Judge Torres's order on 376 377 the parties' motions in limine. The parties may introduce evidence as to DeCurtis's contributions, or lack thereof, but may not question witnesses or introduce evidence or argument as to DeCurtis's alleged inventorship. Further, while the parties may not elicit testimony or introduce evidence regarding any purported oral modification to the parties' written agreement, evidence or testimony regarding conversations between Carnival and DeCurtis, prior to the execution of the contract can come in for other purposes. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 02/21/2023) (0) |
| Feb 21, 2023 | 515 | PAPERLESS ORDER: The Court has reviewed the parties' master services agreement and orders the parties to refrain from introducing any argument regarding the prevailing-party attorney's fees provisions before the jury. To the extent the parties believe any other issues must be resolved by the Court prior to the start of the jury trial, on Monday, February 27, 2023, such issues must be presented on the docket in the form of a properly filed motion for the Court's consideration. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 02/21/2023) (0) |
| Feb 21, 2023 | 516 | Joint MOTION to Bring Electronic Equipment into the courtroom (Joint Motion to Allow Electronic Equipment in the Courtroom for Testing on February 24, 2023) by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 3/7/2023 (Attachments: # 1 Text of Proposed Order)(Hernandez, Antonio) (Entered: 02/21/2023) (0) |
| Feb 21, 2023 | 517 | PAPERLESS Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Calendar Call held on 2/21/2023 and Final Pretrial Conference held on 2/21/2023. Parties announced they are trial ready and estimated trial will take five to six days. Jury trial will be held on 2/27, 2/28, 3/1, 3/6 and 3/7/2023. Total time in court: 1 hour and 25 minutes. Attorney Appearance(s): Diana Marie Fassbender, Jorge Tadeo Espinosa, Steven J. Routh, Robert L. Uriarte, Julie S. Goldemberg, Kyle N. Bersani, Nicholas Groombridge, Jennifer H. Wu, Daniel J. Klein, Adam Louis Schwartz, Allison Penfield, Saurabh Gupta, Sheryl Garko, and Upnit Bhatti. Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. NOTICE OF POLICY RE ELECTRONIC SUBMISSION OF EXHIBITS. Local Rule 5.3 provides that within ten (10) days of the conclusion of a hearing or trial, a party must file in CM/ECF an electronic version of most exhibits offered or introduced into evidence. Before electronically filing, the filer must redact any sensitive, confidential, or private information in accordance with Fed. R. Civ. P. 5.2, Fed. R. Crim. P. 49.1, and CM/ECF Administrative Procedures, Section 6, or seek an order from the Court either to seal the exhibit or to exempt the exhibit from electronic filing under subsection (b)(3)(C) of the rule. Failure to electronically file exhibits and the Certificate of Compliance Re Admitted Evidence within ten (10) days may result in the imposition of sanctions. The Local Rule, the Certificate of Compliance Re Admitted Evidence, and the Quick Reference Guide to Electronically Filing Trial Exhibits can be found on the Court's website: http://www.flsd.uscourts.gov. (jh) (Entered: 02/21/2023) (0) |
| Feb 20, 2023 | 507 | OBJECTION of Magistrate Judge 496 Order on Motion in Limine,,, to District Court by Carnival Corporation (Fassbender, Diana) (Entered: 02/20/2023) (16) |
| Feb 20, 2023 | 508 | Unopposed MOTION to Bring Electronic Equipment into the courtroom by Carnival Corporation. Responses due by 3/6/2023 (Attachments: # 1 Text of Proposed Order)(Fassbender, Diana) (Entered: 02/20/2023) (0) |
| Feb 20, 2023 | 509 | RESPONSE to 507 OBJECTION of Magistrate Judge 496 Order on Motion in Limine,,, to District Court by Carnival Corporation by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Schwartz, Adam) (Entered: 02/20/2023) (8) |
| Feb 17, 2023 | 502 | PAPERLESS ORDER: The parties' 487 joint pretrial stipulation and exhibit and witness lists were submitted prior to 494 the Court's ruling on the magistrate judge's report and recommendations on the cross motions for summary judgment. Since that order has significantly altered the landscape of this litigation, many aspects of the pretrial stipulation, along with the parties' witness and exhibit lists, have presumably been impacted. Accordingly, the Court orders the parties to immediately confer and, by 9:00 am on February 21, 2023, file an amended joint pretrial stipulation, modifying it to reflect the changes in the litigation due to the issues that have been disposed of by 494 the Court's summary-judgment order.The Court also sets this matter for a pretrial conference, immediately following the February 21, 2023, calendar call.Lastly, the Court orders the parties to amend [487-5] their deposition designation objections. To begin with, the Court finds that many, if not the vast majority, of the objections are trifling, or worse. To that end, the Court orders the parties to reevaluate each objection and assess whether counsel would truly make that very objection if the witness was testifying live, in front of a jury. Only if counsel is of the unwavering conviction that he or she would genuinely raise the objection, in open court, should the objection be listed for the Court's evaluation. Further, dozens upon dozens of entries in the parties' submission list multiple excerpts from a deposition, all within one row, instead of separating out each excerpt, into its own row, so that the Court can rule separately on the individual passages identified (for example, the first row at ECF No. 487-5, 4; the first, seventh, and eighth rows at ECF No. 487-5, 5; etc.). To remedy this, the parties must review 482 the Court's order regarding their deposition designations, along with the order in Lucas v. Royal Caribbean Cruises, 19-cv-20914 (S.D. Fla. May 24, 2020) that they were directed to use as a guide. Consistent with the above, the Court orders the parties to file amended deposition designations and objections, on or before February 22, 2023, that include only one deposition excerpt per row and only those objections that would truly be lodged in front of a jury, during live witness testimony. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 02/17/2023) (0) |
| Feb 17, 2023 | 503 | ORDER overruling 434 sealed objections as to 425 the magistrate judge's order on motions to strike expert testimony, filed by DeCurtis Corporation, DeCurtis LLC. Signed by Judge Robert N. Scola, Jr. See attached document for full details. (kbe) (Entered: 02/17/2023) (3) |
| Feb 17, 2023 | 505 | PAPERLESS ORDER: The Court resets the previously scheduled calendar call in this case, as to time only, to 8:30 am on Tuesday, February 21, 2023. The previously scheduled pretrial conference will follow immediately thereafter. Any attorney who intends to present evidence, argue, or examine witnesses during the upcoming jury trial, must be personally present for the calendar call as well as the pretrial conference. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 02/17/2023) (0) |
| Feb 17, 2023 | 506 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Tammy Su. Filing Fee $ 200.00 Receipt # AFLSDC-16343998 by Carnival Corporation, Carnival Corporation. Responses due by 3/3/2023 (Attachments: # 1 Certification Certification of Tammy Su, # 2 Text of Proposed Order [Proposed] Order Granting Motion to Appear Pro Hac Vice of Tammy Su)(Espinosa, Jorge) (Entered: 02/17/2023) (0) |
| Feb 15, 2023 | 504 | PAPERLESS ORDER: The February 21, 2023, calendar call set in this case will take place at 9:00 am in the Wilkie D. Ferguson, Jr., United States Courthouse, 400 N. Miami Avenue, Courtroom 12-3, Miami, Florida. Any attorney who intends to present evidence, argue, or examine witnesses during the upcoming jury trial, must be present for the calendar call. Signed by Judge Robert N. Scola, Jr. (kbe) Modified to add DE# on 2/17/2023 (wc). (Entered: 02/15/2023) (0) |
| Feb 15, 2023 | 500 | PAPERLESS ORDER: Upon the agreement of the parties, the Court directs the Clerk to unseal 494 the Court's order on the magistrate judge's report and recommendations. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 02/15/2023) (0) |
| Feb 14, 2023 | 499 | Unopposed MOTION to Bring Electronic Equipment into the courtroom by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 2/28/2023 (Attachments: # 1 Text of Proposed Order)(Schwartz, Adam) (Entered: 02/14/2023) (0) |
| Feb 14, 2023 | 501 | ORDER GRANTING 499 Motion to Bring Electronic Equipment into the Courtroom. Signed by Judge Robert N. Scola, Jr., on 2/14/2023. See attached document for full details. (caw) (Entered: 02/15/2023) (2) |
| Feb 13, 2023 | 496 | ORDER granting in part and denying in part 376 motion in limine; granting in part and denying in part 377 motion in limine and motion for adverse inference. Signed by Chief Magistrate Judge Edwin G. Torres on 2/13/2023. See attached document for full details. (elk) (Entered: 02/13/2023) (16) |
| Feb 13, 2023 | 497 | Proposed Jury Instructions by Carnival Corporation, Carnival Corporation, DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Schwartz, Adam) (Entered: 02/13/2023) (30) |
| Feb 8, 2023 | 494 | Order Adopting 426 Report and Recommendations on 288 Motion for Summary Judgment filed by Carnival Corporation, 292 Motion for Summary Judgment filed by DeCurtis Corporation, DeCurtis LLC,; granting in part and denying in part 288 Motion for Summary Judgment; granting in part and denying in part 292 Motion for Summary Judgment. Signed by Judge Robert N. Scola, Jr on 2/8/2023. (pes) Modified/Unsealed per DE 500 on 2/15/2023 (pes). (Entered: 02/08/2023) (15) |
| Feb 8, 2023 | 495 | PAPERLESS ORDER denying 481 DeCurtis's motion to bifurcate the trial; and denying as moot 490 Carnival's motion for leave to file a sur-reply and 492 Carnival's motion for a status conference. Much of DeCurtis's motion to bifurcate the trial in this case is premised on its contention, which Carnival agrees with, that DeCurtis's antitrust and state law claims should be tried separately from the patent claims in this case. Since the Court has recently granted summary judgment in Carnival's favor on those claims, the substance of DeCurtis's motion is mostly gutted. To the extent DeCurtis might still seek bifurcation of Carnival's breach-of-contract claim from the patent claims, any small potential benefit of doing that would be greatly outweighed by the inefficiencies that would arise by conducting two separate jury trials in this case. Because the Court denies DeCurtis's motion to bifurcate, Carnival's motions - for leave to file a sur-reply and for a status conference regarding logistical issues implicated by bifurcation are mooted. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 02/08/2023) (0) |
| Feb 7, 2023 | 492 | MOTION Request for Status Conference re 481 MOTION to Bifurcate Trial and related pretrial deadlines by Carnival Corporation, Carnival Corporation. (Attachments: # 1 Text of Proposed Order)(Espinosa, Jorge) (Entered: 02/07/2023) (0) |
| Feb 7, 2023 | 493 | RESPONSE in Opposition re 490 MOTION for Leave to File Sur-Reply re DeCurtis's New Patent Standing Argument re 481 filed by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Replies due by 2/14/2023. (Schwartz, Adam) (Entered: 02/07/2023) (6) |
| Feb 3, 2023 | 491 | PAPERLESS ORDER: The Court grants 488 counsel's motion to appear pro hac vice. Saurabh Gupta of the law firm of Groombridge, Wu, Baughman & Stone LLP is given permission to appear and participate in this matter as co-counsel on behalf of DeCurtis LLC and DeCurtis Corporation. The Clerk is directed to provide this attorney with notification of all electronic filings via the email address set forth in the motion. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 02/03/2023) (0) |
| Feb 1, 2023 | 490 | MOTION for Leave to File Sur-Reply re DeCurtis's New Patent Standing Argument re 481 by Carnival Corporation. (Attachments: # 1 Text of Proposed Order ISO Motion for Leave, # 2 Proposed Sur-Reply Brief)(Fassbender, Diana) (Entered: 02/01/2023) (0) |
| Jan 30, 2023 | 488 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Saurabh Gupta. Filing Fee $ 200.00 Receipt # AFLSDC-16277846 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 2/13/2023 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Schwartz, Adam) (Entered: 01/30/2023) (0) |
| Jan 30, 2023 | 489 | REPLY to Response to Motion re 481 MOTION to Bifurcate Trial filed by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Schwartz, Adam) (Entered: 01/30/2023) (7) |
| Jan 27, 2023 | 484 | Proposed Voir Dire Questions by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Schwartz, Adam) (Entered: 01/27/2023) (3) |
| Jan 27, 2023 | 485 | Proposed Voir Dire Questions by Carnival Corporation. (Fassbender, Diana) (Entered: 01/27/2023) (4) |
| Jan 27, 2023 | 486 | NOTICE of Compliance with Obligations Pursuant to 35 U.S.C. § 282(c) by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC (Schwartz, Adam) (Entered: 01/27/2023) (2) |
| Jan 27, 2023 | 487 | PRETRIAL STIPULATION Joint Pretrial Stipulation by Carnival Corporation (Attachments: # 1 Exhibit A-Carnival's Exhibit List, # 2 Exhibit B-DeCurtis's Exhibit List, # 3 Exhibit C-Carnival's Witness List, # 4 Exhibit D-DeCurtis's Witness List, # 5 Exhibit E-Deposition Designations and Objections)(Fassbender, Diana) (Entered: 01/27/2023) (0) |
| Jan 23, 2023 | 483 | RESPONSE to Motion re 481 MOTION to Bifurcate Trial filed by Carnival Corporation. Replies due by 1/30/2023. (Fassbender, Diana) (Entered: 01/23/2023) (18) |
| Jan 11, 2023 | 480 | PAPERLESS ORDER granting 479 joint motion for extension of time. The deposition designations shall be filed on or before January 17, 2023. Signed by Chief Magistrate Judge Edwin G. Torres on 1/11/2023. (elk) (Entered: 01/11/2023) (0) |
| Jan 11, 2023 | 481 | MOTION to Bifurcate Trial by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 1/25/2023 (Attachments: # 1 Text of Proposed Order)(Schwartz, Adam) (Entered: 01/11/2023) (0) |
| Jan 11, 2023 | 482 | Order Regarding Deposition Designations and Objections and Extending Filing Deadline. Signed by Judge Robert N. Scola, Jr on 1/11/2023. See attached document for full details. (jas) (Entered: 01/12/2023) (2) |
| Jan 10, 2023 | 479 | Joint MOTION for Extension of Time for Modification of Deposition Designation Schedule re 73 Scheduling Order,,, Order Referring Case to Mediation,, by Carnival Corporation, Carnival Corporation, DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 1/24/2023 (Attachments: # 1 Text of Proposed Order)(Schwartz, Adam) (Entered: 01/10/2023) (0) |
| Jan 6, 2023 | 477 | PAPERLESS ORDER REQUIRING FILING UNDER SEAL. DeCurtis filed its 377 motion in limine with redactions and subsequently moved 379 to file an unredacted version of that document under seal. The Court then granted DeCurtis leave to file its unredacted motion under seal, but DeCurtis has not yet done so. Because the Court must consider DeCurtis' unredacted arguments to properly resolve DeCurtis' motion, the Court ORDERS DeCurtis to file an unredacted version of its motion in limine on or before January 10, 2023. Signed by Chief Magistrate Judge Edwin G. Torres on 1/6/2023. (elk) (Entered: 01/06/2023) (0) |
| Jan 5, 2023 | 476 | ORDER denying 368 Carnival's motion to strike DeCurtis' supplemental expert rebuttal report. Signed by Chief Magistrate Judge Edwin G. Torres on 1/5/2023. See attached document for full details. (elk) (Entered: 01/05/2023) (5) |
| Jan 4, 2023 | 468 | Clerk's Notice to Filer re 466 Notice (Other), 464 Notice (Other), 463 Notice (Other), 465 Notice (Other), 467 Notice (Other). Wrong Event Selected - Document is a NOTICE of Change of Address, Email or Law Firm Name ; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the documents using the NOTICE of Change of Address, Email or Law Firm Name event. (pcs) (Entered: 01/04/2023) (0) |
| Jan 4, 2023 | 469 | NOTICE of Striking 466 Notice (Other) filed by DeCurtis Corporation, DeCurtis LLC, 464 Notice (Other) filed by DeCurtis Corporation, DeCurtis LLC, 463 Notice (Other) filed by DeCurtis Corporation, DeCurtis LLC, 468 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney, 465 Notice (Other) filed by DeCurtis Corporation, DeCurtis LLC, 467 Notice (Other) filed by DeCurtis Corporation, DeCurtis LLC Notice of Striking ECF No. 463, ECF No. 464, ECF No. 465, ECF No. 466, and ECF No. 467 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC (Schwartz, Adam) (Entered: 01/04/2023) (2) |
| Jan 4, 2023 | 470 | NOTICE of Change of Address, Email or Law Firm Name by Adam Louis Schwartz (Schwartz, Adam) (Entered: 01/04/2023) (2) |
| Jan 4, 2023 | 471 | NOTICE of Change of Address, Email or Law Firm Name by Adam Louis Schwartz (Schwartz, Adam) (Entered: 01/04/2023) (2) |
| Jan 4, 2023 | 472 | NOTICE of Change of Address, Email or Law Firm Name by Adam Louis Schwartz (Schwartz, Adam) (Entered: 01/04/2023) (2) |
| Jan 4, 2023 | 473 | NOTICE of Change of Address, Email or Law Firm Name by Adam Louis Schwartz (Schwartz, Adam) (Entered: 01/04/2023) (2) |
| Jan 4, 2023 | 474 | NOTICE of Change of Address, Email or Law Firm Name by Adam Louis Schwartz (Schwartz, Adam) (Entered: 01/04/2023) (2) |
| Jan 4, 2023 | 475 | CLERK'S NOTICE - Attorney Admissions has updated the contact information for PHV attorneys Nicholas Groombridge, Kyle N. Bersani, Jennifer H. Wu, Allison Penfield and Daniel J. Klein re 473 Notice of Change of Address, Email or Law Firm Name, 470 Notice of Change of Address, Email or Law Firm Name, 471 Notice of Change of Address, Email or Law Firm Name, 472 Notice of Change of Address, Email or Law Firm Name, 474 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 01/04/2023) (0) |
| Jan 3, 2023 | 463 | STRICKEN per DE 469 . NOTICE by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC re 462 Order on Motion to Appear Pro Hac Vice, Notice of Change of Address for Allison Penfield, Esq. (Schwartz, Adam) Modified on 1/5/2023 (pcs). (Entered: 01/03/2023) (2) |
| Jan 3, 2023 | 464 | STRICKEN per DE 469 . NOTICE by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC re 456 Order on Motion to Appear Pro Hac Vice, Notice of Change of Address for Daniel J. Klein, Esq. (Schwartz, Adam) Modified on 1/5/2023 (pcs). (Entered: 01/03/2023) (2) |
| Jan 3, 2023 | 465 | STRICKEN per DE 469 . NOTICE by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC re 441 Order on Motion to Appear Pro Hac Vice, Notice of Change of Address for Jennifer Wu, Esq. (Schwartz, Adam) Modified on 1/5/2023 (pcs). (Entered: 01/03/2023) (2) |
| Jan 3, 2023 | 466 | STRICKEN per DE 469 . NOTICE by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC re 442 Order on Motion to Appear Pro Hac Vice, Notice of Change of Address for Kyle N. Bersani, Esq. (Schwartz, Adam) Modified on 1/5/2023 (pcs). (Entered: 01/03/2023) (2) |
| Jan 3, 2023 | 467 | STRICKEN per DE 469 . NOTICE by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC re 443 Order on Motion to Appear Pro Hac Vice, Notice of Change of Address for Nicholas Groombridge, Esq. (Schwartz, Adam) Modified on 1/5/2023 (pcs). (Entered: 01/03/2023) (2) |
| Dec 16, 2022 | 455 | PAPERLESS ORDER: The Court grants 448 and 449 the parties' respective motions for leave to file under seal. Based on the protective order entered in this case, the parties have each set forth good cause warranting the sealed filings. The Clerk is directed to maintain the filings under seal until further order of the Court. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 12/16/2022) (0) |
| Dec 16, 2022 | 456 | PAPERLESS ORDER: The Court grants 444 counsel's motion to appear pro hac vice. Daniel J. Klein of the law firm of Groombridge, Wu, Baughman & Stone LLP, is given permission to appear and participate in this matter as co-counsel on behalf of the Defendants. The Clerk is directed to provide this attorney with notification of all electronic filings via the email address set forth in the motion. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 12/16/2022) (0) |
| Dec 16, 2022 | 457 | PAPERLESS ORDER: The Court denies, without prejudice, 446 counsel's motion to appear pro hac vice. As identified by the Clerk, counsel has failed to include required language in the last paragraph of the motion. Upon correcting the error, the motion may be renewed. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 12/16/2022) (0) |
| Dec 16, 2022 | 458 | Renewed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Allison Penfield. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See 446 Motion to Appear Pro Hac Vice, by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 12/30/2022 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Schwartz, Adam) (Entered: 12/16/2022) (0) |
| Dec 16, 2022 | 462 | PAPERLESS ORDER granting 458 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Allison Penfield. The application complies with the Court's Local Rule for pro hac admissions. The Clerk shall add pro hac counsel as co-counsel for Plaintiff/Counter-defendant. Signed by Ch. Magistrate Judge Edwin G. Torres on 12/16/2022. (EGT) (Entered: 12/16/2022) (0) |
| Dec 14, 2022 | 454 | NOTICE of Attorney Appearance by Antonio M Hernandez, Jr on behalf of DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Attorney Antonio M Hernandez, Jr added to party DeCurtis Corporation(pty:condft), Attorney Antonio M Hernandez, Jr added to party DeCurtis LLC(pty:condft), Attorney Antonio M Hernandez, Jr added to party DeCurtis LLC(pty:cc), Attorney Antonio M Hernandez, Jr added to party DeCurtis LLC(pty:pla). (Hernandez, Antonio) (Entered: 12/14/2022) (2) |
| Dec 13, 2022 | 453 | NOTICE by Quinn Emanuel Urquhart & Sullivan, LLP OF ATTORNEY LIEN. Attorney John F. O'Sullivan added to party Quinn Emanuel Urquhart & Sullivan, LLP(pty:ip). (O'Sullivan, John) (Entered: 12/13/2022) (3) |
| Dec 12, 2022 | 447 | NOTICE of Attorney Appearance by Brian John Lechich on behalf of DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Attorney Brian John Lechich added to party DeCurtis Corporation(pty:condft), Attorney Brian John Lechich added to party DeCurtis LLC(pty:condft), Attorney Brian John Lechich added to party DeCurtis LLC(pty:cc), Attorney Brian John Lechich added to party DeCurtis LLC(pty:pla). (Lechich, Brian) (Entered: 12/12/2022) (2) |
| Dec 12, 2022 | 448 | Unopposed MOTION to Seal per Local Rule 5.4 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Attachments: # 1 Text of Proposed Order) (Lechich, Brian) (Entered: 12/12/2022) (0) |
| Dec 12, 2022 | 449 | Unopposed MOTION to Seal per Local Rule 5.4 by Carnival Corporation. (Attachments: # 1 Text of Proposed Order) (Fassbender, Diana) (Entered: 12/12/2022) (0) |
| Dec 12, 2022 | 450 | RESPONSE TO OBJECTION to 426 Report and Recommendations by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Lechich, Brian) (Entered: 12/12/2022) (28) |
| Dec 12, 2022 | 451 | RESPONSE to 430 DeCurtis Objections to the Omnibus Order on Motions to Strike Experts (REDACTED) by Carnival Corporation. (Fassbender, Diana) (Entered: 12/12/2022) (20) |
| Dec 12, 2022 | 452 | RESPONSE to 431 DeCurtis Objections to the Report and Recommendation (REDACTED) by Carnival Corporation. (Fassbender, Diana) (Entered: 12/12/2022) (25) |
| Dec 7, 2022 | 445 | NOTICE of Attorney Appearance by Adam Louis Schwartz on behalf of DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Attorney Adam Louis Schwartz added to party DeCurtis Corporation(pty:condft), Attorney Adam Louis Schwartz added to party DeCurtis LLC(pty:condft), Attorney Adam Louis Schwartz added to party DeCurtis LLC(pty:cc), Attorney Adam Louis Schwartz added to party DeCurtis LLC(pty:pla). (Schwartz, Adam) (Entered: 12/07/2022) (3) |
| Dec 7, 2022 | 446 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Allison Penfield. Filing Fee $ 200.00 Receipt # AFLSDC-16154380 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 12/21/2022 (Attachments: # 1 Certification Certification of Allison Penfield, # 2 Text of Proposed Order)(Schwartz, Adam) (Entered: 12/07/2022) (0) |
| Dec 6, 2022 | 444 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel J. Klein. Filing Fee $ 200.00 Receipt # AFLSDC-16149032 by DeCurtis Corporation, DeCurtis LLC. Responses due by 12/20/2022 (Attachments: # 1 Text of Proposed Order)(Leibell, Martha) (Entered: 12/06/2022) (0) |
| Dec 5, 2022 | 438 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kyle N. Bersani. Filing Fee $ 200.00 Receipt # BFLSDC-16145637 by DeCurtis Corporation, DeCurtis LLC. Responses due by 12/19/2022 (Attachments: # 1 Text of Proposed Order)(Leibell, Martha) (Entered: 12/05/2022) (0) |
| Dec 5, 2022 | 439 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jennifer H. Wu. Filing Fee $ 200.00 Receipt # AFLSDC-16145936 by DeCurtis Corporation, DeCurtis LLC. Responses due by 12/19/2022 (Attachments: # 1 Text of Proposed Order)(Leibell, Martha) (Entered: 12/05/2022) (0) |
| Dec 5, 2022 | 440 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nicholas Groombridge. Filing Fee $ 200.00 Receipt # AFLSDC-16146044 by DeCurtis Corporation, DeCurtis LLC. Responses due by 12/19/2022 (Attachments: # 1 Text of Proposed Order)(Leibell, Martha) (Entered: 12/05/2022) (0) |
| Dec 5, 2022 | 441 | PAPERLESS ORDER granting 439 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jennifer H. Wu. The application satisfies the Court's Local Rules on pro hac admissions. The Clerk shall add pro hac counsel as co-counsel of record for Decurtis LLC. Signed by Ch. Magistrate Judge Edwin G. Torres on 12/5/2022. (EGT) (Entered: 12/05/2022) (0) |
| Dec 5, 2022 | 442 | PAPERLESS ORDER granting 438 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Kyle N. Bersani. The application satisfied the Court's Local Rules on pro hac admissions. The Clerk shall add pro hac counsel as co-counsel of record for Decurtis LLC. Signed by Ch. Magistrate Judge Edwin G. Torres on 12/5/2022. (EGT) (Entered: 12/05/2022) (0) |
| Dec 5, 2022 | 443 | PAPERLESS ORDER granting 440 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Nicholas Groombridge. The application satisfies the Court's Local Rules on pro hac admissions. The Clerk shall add pro hac counsel as co-counsel of record for Decurtis LLC. Signed by Ch. Magistrate Judge Edwin G. Torres on 12/5/2022. (EGT) (Entered: 12/05/2022) (0) |
| Dec 1, 2022 | 436 | Unopposed MOTION to Withdraw as Attorney for DeCurtis by Christopher A. Mathews, James D. Judah, Jared Kneitel, Jeffrey C. Wu, John F. O'Sullivan, Justin C. Griffin, Marc L. Kaplan, Patrick T. Schmidt, Scott L. Watson and Zachary A. Schenkkan for / by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 12/15/2022 (O'Sullivan, John) (Entered: 12/01/2022) (5) |
| Dec 1, 2022 | 437 | PAPERLESS ORDER: The Court grants 436 counsel's unopposed motion to withdraw their representation of DeCurtis LLC and DeCurtis Corporation. The DeCurtis parties will continue to be represented by co-counsel of record. Accordingly, the Court directs the Clerk to terminate Christopher A. Mathews, James D. Judah, Jared Kneitel, Jeffrey C. Wu, John F. O'Sullivan, Justin C. Griffin, Marc L. Kaplan, Patrick T. Schmidt, Zachary A. Schenkkan, and Scott L. Watson, all either of, or formerly of, the law firm Quinn Emanuel Urquhart & Sullivan, LLP from the docket and their representation of the DeCurtis parties. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 12/01/2022) (0) |
| Nov 29, 2022 | 432 | PAPERLESS ORDER: The Court grants 427 and 428 the parties' unopposed motions to file documents under seal. DeCurtis LLC and DeCurtis Corporation are, retroactively, granted permission to file 430 their objections to 425 Judge Torres's order, with the confidential portions redacted. Similarly, Carnival is, retroactively, granted permission to file 429 its objections to 426 Judge Torres's report and recommendations, with the confidential portions redacted. The Court orders both parties to file, under seal, unredacted versions of their filings on or before December 2, 2022. The Clerk must maintain the filings under seal until November 29, 2027, at which time they must be destroyed. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 11/29/2022) (0) |
| Nov 28, 2022 | 427 | Unopposed MOTION to Seal per Local Rule 5.4 by DeCurtis Corporation, DeCurtis LLC. (Attachments: # 1 Text of Proposed Order) (Leibell, Martha) (Entered: 11/28/2022) (0) |
| Nov 28, 2022 | 428 | Unopposed MOTION to Seal per Local Rule 5.4 by Carnival Corporation. (Attachments: # 1 Text of Proposed Order) (Fassbender, Diana) (Entered: 11/28/2022) (0) |
| Nov 28, 2022 | 429 | OBJECTIONS to 426 Report and Recommendations (REDACTED) by Carnival Corporation. (Fassbender, Diana) (Entered: 11/28/2022) (24) |
| Nov 28, 2022 | 430 | Objections to the Omnibus Order on Motions to Strike Experts to 425 Order on Motion to Strike,,, by DeCurtis Corporation, DeCurtis LLC. (Leibell, Martha) (Entered: 11/28/2022) (18) |
| Nov 28, 2022 | 431 | OBJECTIONS to 426 Report and Recommendations by DeCurtis Corporation, DeCurtis LLC. (Leibell, Martha) (Entered: 11/28/2022) (19) |
| Nov 14, 2022 | 425 | ORDER denying 289 Motion to Strike Expert Opinions of Mary Coleman, Ph.D. and Erik de la Iglesia, Granting in Part and Denying in Part 286 MOTION to Strike Limit, or Exclude Certain Expert Testimony. Signed by Ch. Magistrate Judge Edwin G. Torres on 11/14/2022. See attached document for full details. (EGT) (Entered: 11/14/2022) (25) |
| Nov 14, 2022 | 426 | REPORT AND RECOMMENDATIONS re 292 GRANTING in part and DENYING in part MOTION for Summary Judgment filed by DeCurtis Corporation; Denying 288 MOTION for Summary Judgment filed by Carnival Corporation. Objections to R&R due by 11/28/2022. Signed by Ch. Magistrate Judge Edwin G. Torres on 11/14/2022. See attached document for full details. (EGT) (Entered: 11/14/2022) (24) |
| Nov 8, 2022 | 1 | Amended Complaint* (1) |
| Nov 8, 2022 | 1 | Amended Complaint* (1) |
| Oct 17, 2022 | 422 | PAPERLESS ORDER granting 396 Motion to Appear Pro Hac Vice; granting 419 Motion to Appear Pro Hac Vice; granting 420 Motion to Appear Pro Hac Vice; and granting 421 Motion to Appear Pro Hac Vice. Karon Fowler, Tian "Skye" Gao, Edward E. Shapiro, and L. Reid Skibell are admitted to the case. Signed by Chief Magistrate Judge Edwin G. Torres on 10/17/2022. (elk) (Entered: 10/17/2022) (0) |
| Oct 17, 2022 | 423 | PAPERLESS ORDER granting 414 and 415 Motions to Seal for good cause shown. The parties may file unredacted versions of their respective replies under seal. Signed by Chief Magistrate Judge Edwin G. Torres on 10/17/2022. (elk) (Entered: 10/17/2022) (0) |
| Jul 29, 2022 | 419 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Tian Skye Gao. Filing Fee $ 200.00 Receipt # BFLSDC-15832235 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/12/2022 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Leibell, Martha) (Entered: 07/29/2022) (0) |
| Jul 29, 2022 | 420 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Edward E. Shapiro. Filing Fee $ 200.00 Receipt # AFLSDC-15832294 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/12/2022 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Leibell, Martha) (Entered: 07/29/2022) (0) |
| Jul 29, 2022 | 421 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for L. Reid Skibell. Filing Fee $ 200.00 Receipt # AFLSDC-15832356 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/12/2022 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Leibell, Martha) (Entered: 07/29/2022) (0) |
| Jul 28, 2022 | 414 | Unopposed MOTION to Seal per Local Rule 5.4 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Attachments: # 1 Text of Proposed Order) (Leibell, Martha) (Entered: 07/28/2022) (0) |
| Jul 28, 2022 | 415 | Unopposed MOTION to Seal per Local Rule 5.4 by Carnival Corporation. (Attachments: # 1 Text of Proposed Order) (Fassbender, Diana) (Entered: 07/28/2022) (0) |
| Jul 28, 2022 | 416 | REPLY to 377 MOTION in Limine and for Adverse Inference and Memorandum of Law by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Leibell, Martha) (Entered: 07/28/2022) (16) |
| Jul 28, 2022 | 418 | REPLY to Response to Motion re 376 MOTION in Limine Omnibus (REDACTED) filed by Carnival Corporation. (Attachments: # 1 Declaration of Diana Marie Fassbender, # 2 Exhibit 17 Lynde Report Excerpts, # 3 Exhibit 18 Coleman Reply Report Excerpts)(Fassbender, Diana) (Entered: 07/28/2022) (0) |
| Jul 27, 2022 | 413 | ORDER Adopting 267 Report and Recommendations; denying 203 Motion for Summary Judgment; granting 205 Motion Opening Claim Construction Brief. Signed by Judge Robert N. Scola, Jr on 7/27/2022. See attached document for full details. (pes) (Entered: 07/28/2022) (8) |
| Jul 26, 2022 | 412 | NOTICE of Compliance by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC re 393 Order on Motion to Appear Pro Hac Vice,, 388 Order on Motion to Appear Pro Hac Vice,,,, (Leibell, Martha) (Entered: 07/26/2022) (4) |
| Jul 25, 2022 | 411 | Clerk's Notice to Filer re 404 SEALED DOCUMENT Wrong Event Selected; ERROR - The Filer selected the wrong event. The Correction was made by the Clerk. It is not necessary to refile this document. (cds) (Entered: 07/25/2022) (0) |
| Jul 22, 2022 | 406 | NOTICE by Carnival Corporation re 405 Response in Opposition to Motion, to Withdraw DE 405 and Replace Same (Fassbender, Diana) (Entered: 07/22/2022) (3) |
| Jul 22, 2022 | 407 | RESPONSE in Opposition re 377 MOTION in Limine and for Adverse Inference (Corrected) filed by Carnival Corporation. Replies due by 7/29/2022. (Attachments: # 1 Exhibit 19- Excerpts of Carnival's First Set of Interrogatories, # 2 Exhibit 20- Excerpts of DeCurtis's Responses to First Set of Interrogatories, # 3 Exhibit 22- Excerpts of DeCurtis's Responses to Notice of 30(b)(6) Deposition, # 4 Exhibit 1-18, 21, 23-33, Slip Sheets)(Fassbender, Diana) (Entered: 07/22/2022) (0) |
| Jul 21, 2022 | 398 | PAPERLESS ORDER granting 397 Motion to Withdraw as Attorney. Jill C. Anderson, Jeffery M. Cross, Jennifer L. Fitzgerald, David C. Gustman, Andrew C. Nordahl, and Jason Paul Stearns representing DeCurtis LLC are withdrawn from the case. Signed by Chief Magistrate Judge Edwin G. Torres on 7/21/2022. (elk) (Entered: 07/21/2022) (0) |
| Jul 21, 2022 | 399 | Unopposed MOTION to Seal per Local Rule 5.4 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Attachments: # 1 Text of Proposed Order) (Leibell, Martha) (Entered: 07/21/2022) (0) |
| Jul 21, 2022 | 400 | PAPERLESS ORDER granting 399 motion to seal for good cause shown. Signed by Chief Magistrate Judge Edwin G. Torres on 7/21/2022. (ekl) (Entered: 07/21/2022) (0) |
| Jul 21, 2022 | 401 | Unopposed MOTION to Seal per Local Rule 5.4 by Carnival Corporation. (Attachments: # 1 Text of Proposed Order) (Fassbender, Diana) (Entered: 07/21/2022) (0) |
| Jul 21, 2022 | 402 | PAPERLESS ORDER granting 401 motion to seal for good cause shown. Signed by Chief Magistrate Judge Edwin G. Torres on 7/21/2022. (elk) (Entered: 07/21/2022) (0) |
| Jul 21, 2022 | 403 | RESPONSE in Opposition re 376 MOTION in Limine Omnibus (REDACTED) filed by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Replies due by 7/28/2022. (Attachments: # 1 Affidavit Declaration of M. Leibell, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Errata 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11)(Leibell, Martha) (Entered: 07/21/2022) (0) |
| Jul 21, 2022 | 405 | RESPONSE in Opposition re 377 MOTION in Limine and for Adverse Inference filed by Carnival Corporation. Replies due by 7/28/2022. (Attachments: # 1 Affidavit of Diana Fassbender, # 2 Exhibit 1-33 (slip sheets))(Fassbender, Diana) (Entered: 07/21/2022) (0) |
| Jul 20, 2022 | 392 | PAPERLESS ORDER denying 391 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. The motion is Denied with leave to file a renewed motion that corrects the deficiencies outlined in this Order. The motion refers to a filing for counsel Goldemberg by the motion as a whole relates to counsel Fowler. That could be overlooked, but then the certification attached in support of the motion is titled for counsel White, while the body refers to both counsel White and Fowler. Plus, the requested relief in the motion refers to both as well. Because counsel's certification and request for relief should not include any such ambiguities, the motion and related attachments must be corrected and refiled. Signed by Ch. Magistrate Judge Edwin G. Torres on 7/20/2022. (EGT) (Entered: 07/20/2022) (0) |
| Jul 20, 2022 | 393 | PAPERLESS ORDER granting 390 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jason White. The application materially satisfies the Court's local rules for pro hac admissions. The motion is, however, conditionally granted on the same basis as the Court's earlier pro hac order for Morgan Lewis's appearance in the case [D.E. 388]. Signed by Ch. Magistrate Judge Edwin G. Torres on 7/20/2022. (EGT) (Entered: 07/20/2022) (0) |
| Jul 20, 2022 | 395 | ORDER denying 386 motion to confirm the previously set "tentative" trial date. The remaining dates in the scheduling order are modified as follows. January 27, 2023: Deadline to file pretrial stipulation and pretrial disclosures. February 13, 2023: Deadline to file jury instructions. February 21, 2023: Calendar call. February 27, 2023: Two-week trial period begins. Signed by Chief Magistrate Judge Edwin G. Torres on 7/20/2022. See attached document for full details. (elk) (Entered: 07/20/2022) (2) |
| Jul 20, 2022 | 396 | Renewed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Karon Fowler. Pay.gov Agency Tracking ID FLSDC-15803014. Filing Fee $ 200.00 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/3/2022 (Attachments: # 1 Text of Proposed Order)(Leibell, Martha) (Entered: 07/20/2022) (0) |
| Jul 20, 2022 | 397 | Unopposed MOTION to Withdraw as Attorney for DeCurtis by David C. Gustman; Jeffery M. Cross; Jill C. Anderson; Andrew C. Nordahl; Jennifer L. Fitzgerald; Jason P. Stearns of the law firm of Freeborn & Peters LLP for / by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/3/2022 (Stearns, Jason) (Entered: 07/20/2022) (4) |
| Jul 19, 2022 | 387 | ORDER denying 254 motion to compel. Signed by Chief Magistrate Judge Edwin G. Torres on 7/19/2022. See attached document for full details. (elk) (Entered: 07/19/2022) (6) |
| Jul 19, 2022 | 388 | PAPERLESS ORDER conditionally granting 385 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Julie S. Goldemberg. The application satisfies the Court's Rules on pro hac admissions. The motion is due to be granted, but is only conditionally granted in this Order. The admission of new counsel from the Morgan Lewis law firm on behalf of Decurtis shall be subject to counsel's and the law firm's strict compliance with Fla. Bar. R. 4-1.11(a)-(b). A former law clerk for the undersigned Magistrate Judge joined the Houston office of Morgan Lewis in 2021. He served as a law clerk in this action prior to his departure. Accordingly, he is subject to disqualification under Rule 4-1.11(a)(2). The law firm is not disqualified from appearing in the action if the screening provisions permitted in Rule 4-1.11(b) are implemented.Accordingly, pro hac counsel, on behalf of Morgan Lewis, may file a notice of compliance within seven days that confirms its intent to appear subject to this Rule and outlines the screening measures that have been implemented. Signed by Chief Magistrate Judge Edwin G. Torres on 7/19/2022. (EGT) (Entered: 07/19/2022) (0) |
| Jul 19, 2022 | 389 | PAPERLESS ORDER granting 373 unopposed motion to seal; granting 374 unopposed motion to seal; granting 375 unopposed motion to seal; granting 379 unopposed motion to seal. Observing that redacted versions of documents at issue have been filed on the public docket, the unopposed motions to file unredacted versions of those documents under seal is granted for good cause shown. Signed by Chief Magistrate Judge Edwin G. Torres on 7/19/2022. (elk) (Entered: 07/19/2022) (0) |
| Jul 19, 2022 | 390 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jason White. Filing Fee $ 200.00 Receipt # AFLSDC-15803001 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/2/2022 (Attachments: # 1 Text of Proposed Order)(Leibell, Martha) (Entered: 07/19/2022) (0) |
| Jul 19, 2022 | 391 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Karon Fowler. Filing Fee $ 200.00 Receipt # AFLSDC-15803014 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/2/2022 (Attachments: # 1 Text of Proposed Order)(Leibell, Martha) (Entered: 07/19/2022) (0) |
| Jul 18, 2022 | 384 | NOTICE of Attorney Appearance by Martha Anne Leibell on behalf of DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Attorney Martha Anne Leibell added to party DeCurtis Corporation(pty:condft), Attorney Martha Anne Leibell added to party DeCurtis LLC(pty:condft), Attorney Martha Anne Leibell added to party DeCurtis LLC(pty:cc), Attorney Martha Anne Leibell added to party DeCurtis LLC(pty:pla). (Leibell, Martha) (Entered: 07/18/2022) (2) |
| Jul 18, 2022 | 385 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Julie S. Goldemberg. Filing Fee $ 200.00 Receipt # AFLSDC-15799533 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/1/2022 (Attachments: # 1 Text of Proposed Order)(Leibell, Martha) (Entered: 07/18/2022) (0) |
| Jul 18, 2022 | 386 | Joint MOTION TO CONFIRM PREVIOUSLY SET "TENTATIVE" TRIAL DATE by Carnival Corporation. (Fassbender, Diana) (Entered: 07/18/2022) (5) |
| Jul 15, 2022 | 383 | REPLY to Response to Motion re 368 MOTION to Strike DeCurtis's Unauthorized Sur-Reply Expert Report filed by Carnival Corporation. (Attachments: # 1 Affidavit of T. Vann Pearce, # 2 Exhibit 1, # 3 Exhibit 2)(Fassbender, Diana) (Entered: 07/15/2022) (0) |
| Jul 11, 2022 | 381 | PAPERLESS ORDER granting 369 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Andrew K. Glenn; granting 370 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Lyn R. Agre ; granting 371 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Michael P. Bowen. The applications satisfy the Court's Rules on pro hac admissions. The Clerk shall add the designated counsel as co-counsel for Plaintiff DeCurtis. Signed by Ch. Magistrate Judge Edwin G. Torres on 7/11/2022. (EGT) (Entered: 07/11/2022) (0) |
| Jul 11, 2022 | 382 | NOTICE Of Errata And Errata To Motions In Limine And For Adverse Inference by DeCurtis Corporation, DeCurtis LLC re 377 MOTION in Limine and for Adverse Inference Notice of Errata (Attachments: # 1 Errata) (O'Sullivan, John) (Entered: 07/11/2022) (0) |
| Jul 8, 2022 | 378 | AFFIDAVIT signed by: (Declaration of James D. Judah in Support of DeCurtis LLC's and DeCurtis Corporation's Motion in Limine and Motion for Adverse Inference) re 377 MOTION in Limine and for Adverse Inference by DeCurtis Corporation, DeCurtis LLC (Attachments: # 1 Exhibit 1 through 28 To Be Filed Under Seal)(O'Sullivan, John) Modified text on 7/8/2022 to reflect correct Exhibit number (bb). (Entered: 07/08/2022) (0) |
| Jul 8, 2022 | 379 | MOTION to Seal per Local Rule 5.4 by DeCurtis Corporation, DeCurtis LLC. (Attachments: # 1 Text of Proposed Order) (O'Sullivan, John) (Entered: 07/08/2022) (0) |
| Jul 8, 2022 | 380 | RESPONSE in Opposition re 368 MOTION to Strike DeCurtis's Unauthorized Sur-Reply Expert Report filed by DeCurtis Corporation, DeCurtis LLC. Replies due by 7/15/2022. (Attachments: # 1 Declaration of Patrick T. Schmidt in Support of DeCurtis Opposition to Motion, # 2 Exhibits to Declaration)(O'Sullivan, John) (Entered: 07/08/2022) (0) |
| Jul 7, 2022 | 374 | Unopposed MOTION to Seal per Local Rule 5.4 by Carnival Corporation. (Attachments: # 1 Text of Proposed Order) (Fassbender, Diana) (Entered: 07/07/2022) (0) |
| Jul 7, 2022 | 375 | Unopposed MOTION to Seal Portions of its Motions in Limine and for Adverse Inference, and Exhibits Thereto per Local Rule 5.4 by DeCurtis Corporation, DeCurtis LLC. (O'Sullivan, John) (Entered: 07/07/2022) (4) |
| Jul 7, 2022 | 376 | MOTION in Limine Omnibus (REDACTED) by Carnival Corporation. (Attachments: # 1 Declaration of Diana M. Fassbender, # 2 Exhibit 1 Carnival-DeCurtis Master Services Agreement, # 3 Exhibit 2 DeCurtis Deposition Vol. 1 Excerpts, # 4 Exhibit 3 Learish Deposition Excerpts, # 5 Exhibit 4 Carnival-DeCurtis SOW No. 2, # 6 Exhibit 5 Carnival-DeCurtis SOW No. 10, # 7 Exhibit 6 Carnival-DeCurtis SOW No. 12, # 8 Exhibit 7 DeCurtis Deposition Vol. 2 Excerpts, # 9 Exhibit 8 DeCurtis Initial Disclosures, # 10 Exhibit 9 Carnival Rule 30(b)(6) Deposition Notice, # 11 Exhibit 10 Email from Counsel for DeCurtis, # 12 Exhibit 11 DeCurtis Responses to Second Set of Interrogatories, # 13 Exhibit 12 Lynde Report Excerpts, # 14 Exhibit 13 Lynde Deposition Excerpts, # 15 Exhibit 14 Jakobsson Report Excerpts, # 16 Exhibit 15 Jakobsson Rebuttal Report Excerpts, # 17 Exhibit 16 Shoemake Rebuttal Report Excerpts)(Fassbender, Diana) (Entered: 07/07/2022) (0) |
| Jul 7, 2022 | 377 | MOTION in Limine and for Adverse Inference by DeCurtis Corporation, DeCurtis LLC. (O'Sullivan, John) (Entered: 07/07/2022) (26) |
| Jul 5, 2022 | 373 | UNOPPOSED MOTION to Seal Portions of Carnival's Motion to Strike DeCurtis's Unauthorized Sur-Reply Expert Report per Local Rule 5.4 by Carnival Corporation. (Fassbender, Diana) (Entered: 07/05/2022) (4) |
| Jul 4, 2022 | 372 | PAPERLESS ORDER granting 265 Motion for Leave to Adjudicate Privilege Issue. Signed by Chief Magistrate Judge Edwin G. Torres on 7/4/2022. (EGT) (Entered: 07/04/2022) (2) |
| Jul 1, 2022 | 369 | Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew K. Glenn. Filing Fee $ 200.00 Receipt # AFLSDC-15762610 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 7/15/2022 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stearns, Jason) (Entered: 07/01/2022) (0) |
| Jul 1, 2022 | 370 | Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lyn R. Agre. Filing Fee $ 200.00 Receipt # AFLSDC-15762625 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 7/15/2022 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stearns, Jason) (Entered: 07/01/2022) (0) |
| Jul 1, 2022 | 371 | Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael Paul Bowen. Filing Fee $ 200.00 Receipt # AFLSDC-15762630 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 7/15/2022 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stearns, Jason) (Entered: 07/01/2022) (0) |
| Jun 24, 2022 | 368 | MOTION to Strike DeCurtis's Unauthorized Sur-Reply Expert Report by Carnival Corporation. Responses due by 7/8/2022 (Attachments: # 1 Affidavit of Robert L. Uriarte, # 2 Exhibit 1- October 2020 Discovery Hearing Excerpt, # 3 Exhibit 2- January 2021 Discovery Hearing Excerpt, # 4 Exhibit 3- August 2022 Discovery Hearing Excerpt, # 5 Text of Proposed Order)(Fassbender, Diana) (Entered: 06/24/2022) (0) |
| May 24, 2022 | 347 | PAPERLESS ORDER REGARDING THE FILING OF SEALED DOCUMENTS. On May 13, 2022, this Court granted the parties' motions to file certain unredacted documents under seal. See 316 . After a sua sponte review of the record, it appears that some of those documents, which exist in a redacted form on the public docket, have not yet been filed under seal in their unredacted form. The parties are instructed to cure this deficiency in the record no later than Friday, May 27, 2022. Signed by Chief Magistrate Judge Edwin G. Torres on 5/24/2022. (elk) (Entered: 05/24/2022) (0) |
| May 24, 2022 | 348 | NOTICE by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC re 316 Order on Motion to Seal,,,,,, Order on Motion for Leave to File,,, (Stearns, Jason) (Entered: 05/24/2022) (4) |
| May 20, 2022 | 338 | PAPERLESS ORDER granting 337 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Christopher A. Mathews. Signed by Chief Magistrate Judge Edwin G. Torres on 5/20/2022. (elk) (Entered: 05/20/2022) (0) |
| May 20, 2022 | 339 | PAPERLESS ORDER granting 320 Motion to Seal, provided that a redacted version of the document is filed on the public docket. Signed by Chief Magistrate Judge Edwin G. Torres on 5/20/2022. (elk) (Entered: 05/20/2022) (0) |
| May 20, 2022 | 340 | NOTICE of Striking 323 Reply to Response to Motion filed by Carnival Corporation by Carnival Corporation (Fassbender, Diana) (Entered: 05/20/2022) (3) |
| May 20, 2022 | 341 | Corrected REPLY to Response to Motion re 288 MOTION for Summary Judgment and Memorandum in Support of Summary Judgment filed by Carnival Corporation. (Fassbender, Diana) (Entered: 05/20/2022) (16) |
| May 19, 2022 | 337 | Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher A. Matthews. Filing Fee $ 200.00 Receipt # AFLSDC-15651039 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 6/2/2022 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stearns, Jason) (Entered: 05/19/2022) (0) |
| May 18, 2022 | 332 | NOTICE by Carnival Corporation, Carnival Corporation re 323 Reply to Response to Motion (Attachments: # 1 Affidavit -Supplemental David R. Medina Declaration Re SJ Reply, # 2 Exhibit Exhibit 258 Gartner Article (February 15, 2021), # 3 Exhibit Exhibit 259 Interview Notes (March 2019)) (Fassbender, Diana) (Entered: 05/18/2022) (0) |
| May 17, 2022 | 319 | REPLY to Response to Motion re 292 MOTION for Summary Judgment filed by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Stearns, Jason) (Entered: 05/17/2022) (16) |
| May 17, 2022 | 320 | Unopposed MOTION to Seal per Local Rule 5.4 by Carnival Corporation. (Attachments: # 1 Text of Proposed Order) (Fassbender, Diana) (Entered: 05/17/2022) (0) |
| May 17, 2022 | 321 | REPLY to Response to Motion re 286 MOTION to Strike Limit, or Exclude Certain Expert Testimony and Memorandum of Law in Support Thereof (REDACTED) filed by Carnival Corporation. (Fassbender, Diana) (Entered: 05/17/2022) (18) |
| May 17, 2022 | 322 | NOTICE by Carnival Corporation, Carnival Corporation [Notice of Filing Exhibits Re Reply] (Attachments: # 1 Affidavit Declaration of David R. Medina ISO Carnival Corporations Notice of Filing Exhibits, # 2 Exhibit Exhibit 252 - DeCurtiss Rule 26 Disclosures (July 27, 2020), # 3 Exhibit Exhibit 253 - Email from Carnival (August 22, 2016), # 4 Exhibit Exhibit 254 - Douglas Steel Deposition Vol. 1 (Jan. 13, 2022), # 5 Exhibit Exhibit 255 - Email from Carnival (July 31, 2019), # 6 Exhibit Exhibit 256 - Email Chain (August 21, 2019), # 7 Exhibit Exhibit 257 - Email Chain (February 25, 2019)) (Fassbender, Diana) (Entered: 05/17/2022) (0) |
| May 17, 2022 | 323 | **STRICKEN** REPLY to Response to Motion re 288 MOTION for Summary Judgment and Memorandum in Support of Summary Judgment filed by Carnival Corporation, Carnival Corporation. (Fassbender, Diana) Text Modified on 5/23/2022 per DE 340 Notice (ail). (Entered: 05/17/2022) (16) |
| May 17, 2022 | 324 | Statement of: Carnival Corporations Response to DeCurtis Additional Statement Of Facts by Carnival Corporation, Carnival Corporation re 310 Response to Motion, (Fassbender, Diana) (Entered: 05/17/2022) (11) |
| May 16, 2022 | 317 | Plaintiff's REPLY to Response to Motion re 289 MOTION to Strike Expert Opinions of Mary Coleman, Ph.D. and Erik de la Iglesia filed by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Stearns, Jason) (Entered: 05/16/2022) (16) |
| May 16, 2022 | 318 | Statement of: (Reply Statement of Material Facts in Support of Motion for Summary Judgment) by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC re 291 Statement (Stearns, Jason) (Entered: 05/16/2022) (8) |
| May 13, 2022 | 316 | PAPERLESS ORDER granting 293 Motion to Seal and to Replace Erroneously Filed Documents; granting 295 Motion to Seal; granting 296 Motion to Seal; granting 282 Motion for to Seal; granting 283 Motion to Seal. The parties have leave to file their requested documents under seal, provided that they file redacted versions of said documents on the public docket. Signed by Chief Magistrate Judge Edwin G. Torres on 5/13/2022. (elk) (Entered: 05/13/2022) (0) |
| May 12, 2022 | 314 | NOTICE of Striking 313 Affidavit,, filed by DeCurtis Corporation, DeCurtis LLC by DeCurtis Corporation, DeCurtis LLC (Stearns, Jason) (Entered: 05/12/2022) (2) |
| May 12, 2022 | 315 | AFFIDAVIT / DECLARATION signed by: Andrew C. Nordahl by DeCurtis Corporation, DeCurtis LLC (Attachments: # 1 Exhibit 115 - February 17, 2017 email chain (to be filed under seal), # 2 Exhibit 116 - February/March 2017 email chain (to be filed under seal), # 3 Exhibit 117 - December 13, 2019 email chain (to be filed under seal), # 4 Exhibit 118 - January/February email chain (to be filed under seal))(Stearns, Jason) (Entered: 05/12/2022) (0) |
| May 11, 2022 | 312 | NOTICE by Carnival Corporation, Carnival Corporation [Notice of Filing Supplemental Exhibits Re Opposition to SJ] (Attachments: # 1 Affidavit Supplemental Declaration of Johannes Hsu Re Opposition to SJ Motions, # 2 Exhibit Exhibit 231 - Email to DeCurtis (January 14, 2021), # 3 Exhibit Exhibit 232 - Internal DeCurtis Email (April 12, 2018), # 4 Exhibit Exhibit 233 - Internal DeCurtis Email (July 26, 2016), # 5 Exhibit Exhibit 234 - Internal DeCurtis Email Chain (December 19, 2016), # 6 Exhibit Exhibit 235 - DeCurtis Presentation, # 7 Exhibit Exhibit 236 - Internal DeCurtis Email Chain (June 23, 2017), # 8 Exhibit Exhibit 237 Email from DeCurtis (May 15, 2020), # 9 Exhibit Exhibit 238 Attachment to Email from DeCurtis (May 15, 2020), # 10 Exhibit Exhibit 239 Attachment to Internal DeCurtis Email (April 25, 2018), # 11 Exhibit Exhibit 240 - Specification, # 12 Exhibit Exhibit 241 - Internal DeCurtis Email Chain (July 22, 2016), # 13 Exhibit Exhibit 242 - Supplemental Expert Report of Erik de la Iglesia (April 29, 2022), # 14 Exhibit Exhibit 243 Attachment to Internal DeCurtis email (June 2, 2016), # 15 Exhibit Exhibit 244 Attachment to Email Chain between DeCurtis, Virgin, and Assa Abloy (March 29, 2019), # 16 Exhibit Exhibit 245 Attachment to Email Chain (October 31, 2019), # 17 Exhibit Exhibit 246 Attachment to Email Chain between DeCurtis, Virgin, and Assa Abloy (Sept. 13, 2018), # 18 Exhibit Exhibit 247 Email to DeCurtis (August 10, 2019), # 19 Exhibit Exhibit 248Attachment to Email from DeCurtis (Feb. 14, 2020), # 20 Exhibit Exhibit 249Attachment to Email from DeCurtis (Feb. 14, 2020), # 21 Exhibit Exhibit 250Attachment to Email from DeCurtis (Feb. 14, 2020), # 22 Exhibit Exhibit 251Attachment to Email from DeCurtis (Feb. 14, 2020)) (Fassbender, Diana) (Entered: 05/11/2022) (0) |
| May 11, 2022 | 313 | **STRICKEN** AFFIDAVIT / DECLARATION signed by: Andrew C. Nordahl re 310 Response to Motion, 311 Response in Opposition to Motion by DeCurtis Corporation, DeCurtis LLC (Attachments: # 1 Exhibit 115 - February 17, 2017 email chain (to be filed under seal), # 2 Exhibit 116 - February/March 2017 email chain (to be filed under seal), # 3 Exhibit 117 - December 13, 2019 email chain (to be filed under seal), # 4 Exhibit 118 - January/February email chain (to be filed under seal))(Stearns, Jason) Text Modified on 5/13/2022 per DE 314 Notice(ail). (Entered: 05/11/2022) (0) |
| May 10, 2022 | 300 | RESPONSE in Opposition re 292 MOTION for Summary Judgment filed by Carnival Corporation, Carnival Corporation. Replies due by 5/17/2022. (Fassbender, Diana) (Entered: 05/10/2022) (24) |
| May 10, 2022 | 301 | Statement of: Carnival Corporations Response to DeCurtis Statement of Facts by Carnival Corporation, Carnival Corporation re 291 Statement (Fassbender, Diana) (Entered: 05/10/2022) (29) |
| May 10, 2022 | 302 | NOTICE by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC of Filing of Declaration and Exhibits (Attachments: # 1 Declaration of Andrew C. Nordahl, # 2 Appendix of Slip Sheets for Exhibit Nos. 4-10, 12-37, and 40-116s to be Filed Under Seal, # 3 Exhibit 1 - U.S. Patent 10,045,184., # 4 Exhibit 2 - U.S. Patent 10,049,516., # 5 Exhibit 3 - U.S. Patent 10,157,514., # 6 Exhibit 11 - CARNIVAL00125646, which was produced by Carnival in this litigation., # 7 Exhibit 38 - U.S. Patent 10,037,642., # 8 Exhibit 39 - U.S. Patent 10,304,271.) (Stearns, Jason) (Entered: 05/10/2022) (0) |
| May 10, 2022 | 303 | AFFIDAVIT / DECLARATION signed by: Nicholas P. Godici by DeCurtis Corporation, DeCurtis LLC (Attachments: # 1 Exhibit A to the Godici Declaration)(Stearns, Jason) (Entered: 05/10/2022) (0) |
| May 10, 2022 | 304 | AFFIDAVIT / DECLARATION signed by: Markus Jakobsson by DeCurtis Corporation, DeCurtis LLC (Attachments: # 1 Exhibit A to the Jakobsson Declaration, # 2 Exhibit B to the Jakobsson Declaration)(Stearns, Jason) (Entered: 05/10/2022) (0) |
| May 10, 2022 | 305 | AFFIDAVIT / DECLARATION signed by: Matthew Shoemake by DeCurtis Corporation, DeCurtis LLC (Attachments: # 1 Exhibit A to the Shoemake Declaration, # 2 Exhibit B to the Shoemake Declaration)(Stearns, Jason) (Entered: 05/10/2022) (0) |
| May 10, 2022 | 306 | AFFIDAVIT / DECLARATION signed by: Matt Lynde by DeCurtis Corporation, DeCurtis LLC (Attachments: # 1 Exhibit A to the Lynde Declaration, # 2 Exhibit B to the Lynde Declaration, # 3 Exhibit C to the Lynde Declaration - Costs Summary)(Stearns, Jason) (Entered: 05/10/2022) (0) |
| May 10, 2022 | 307 | AFFIDAVIT / DECLARATION (to be filed under seal) signed by: Joe Carino by DeCurtis Corporation, DeCurtis LLC (Stearns, Jason) (Entered: 05/10/2022) (1) |
| May 10, 2022 | 308 | RESPONSE to Motion re 286 MOTION to Strike Limit, or Exclude Certain Expert Testimony and Memorandum of Law in Support Thereof (REDACTED) (public version) filed by DeCurtis Corporation, DeCurtis LLC. Replies due by 5/17/2022. (Stearns, Jason) (Entered: 05/10/2022) (26) |
| May 10, 2022 | 309 | AFFIDAVIT / DECLARATION (to be filed under seal) signed by: Francis Farro by DeCurtis Corporation, DeCurtis LLC (Stearns, Jason) (Entered: 05/10/2022) (1) |
| May 10, 2022 | 310 | RESPONSE to Motion re 288 MOTION for Summary Judgment and Memorandum in Support of Summary Judgment - DeCurtis's Statement of Material Facts and Additional Facts (Redacted Public Version) filed by DeCurtis Corporation, DeCurtis LLC. Replies due by 5/17/2022. (Stearns, Jason) (Entered: 05/10/2022) (17) |
| May 10, 2022 | 311 | RESPONSE in Opposition re 288 MOTION for Summary Judgment and Memorandum in Support of Summary Judgment (redacted public version) filed by DeCurtis Corporation, DeCurtis LLC. Replies due by 5/17/2022. (Stearns, Jason) (Entered: 05/10/2022) (28) |
| May 9, 2022 | 296 | Unopposed MOTION to Seal per Local Rule 5.4 by Carnival Corporation. (Attachments: # 1 Text of Proposed Order) (Fassbender, Diana) (Entered: 05/09/2022) (0) |
| May 9, 2022 | 297 | NOTICE by Carnival Corporation, Carnival Corporation (Attachments: # 1 Declaration of Diana Fassbender in Support of Carnival's Opposition to Daubert Motion, # 2 Exhibit 134 - Exhibit 3 (Back Up) to Coleman Report (Filed Under Seal), # 3 Exhibit 135 - Excel spreadsheet (DeCurtis_01602071)(Filed Under Seal), # 4 Exhibit 136 - Excel spreadsheet (DeCurtis_01860190)(Filed Under Seal), # 5 Exhibit 137 - Excel spreadsheet (DeCurtis_01961733)(Filed Under Seal), # 6 Exhibit 138 - SHAMROCK_00004187-4188 (Filed Under Seal), # 7 Exhibit 139 - Email chain dated March 28, 2019 (DeCurtis_01859589-903)(Filed Under Seal), # 8 Exhibit 140 - Statement of Work (DeCurtis_01962521-524)(Filed Under Seal), # 9 Exhibit 141 - Project Ocean document (Filed Under Seal)) (Fassbender, Diana) (Entered: 05/09/2022) (0) |
| May 9, 2022 | 298 | RESPONSE in Opposition re 289 MOTION to Strike Expert Opinions of Mary Coleman, Ph.D. and Erik de la Iglesia filed by Carnival Corporation. Replies due by 5/16/2022. (Fassbender, Diana) (Entered: 05/09/2022) (28) |
| May 9, 2022 | 299 | NOTICE by Carnival Corporation, Carnival Corporation [Notice of Filing Exhibits Re Opposition to SJ] (Attachments: # 1 Affidavit Declaration of Johannes Hsu Declaration Re Opposition to SJ Motions, # 2 Exhibit Exhibit 142 - Jon Engbretsen Deposition (Dec. 21, 2021), # 3 Exhibit Exhibit 143 - Specification, # 4 Exhibit Exhibit 144 - U.S. Pat. Pub. No. US2016/0055697, # 5 Exhibit Exhibit 145 Proposal (Aug. 28, 2020), # 6 Exhibit Exhibit 146 - DeCurtis Corp. Transaction Report, # 7 Exhibit Exhibit 147 - Email Chain between DeCurtis, Virgin, and Assa Abloy (March 29, 2019), # 8 Exhibit Exhibit 148 - Email Chain between DeCurtis, Virgin, and Assa Abloy (Nov. 22, 2019), # 9 Exhibit Exhibit 149 Internal DeCurtis Email (March 11, 2020), # 10 Exhibit Exhibit 150 - Exhibit 184-A, Invalidity Claim Chart for U.S. Patent No. 10,045,184, # 11 Exhibit Exhibit 151 - Exhibit 516-A Invalidity Claim Chart for U.S. Patent No. 10,049,516, # 12 Exhibit Exhibit 152 - Specification, # 13 Exhibit Exhibit 153 - Delivery Schedule, # 14 Exhibit Exhibit 154 Internal DeCurtis Email (July 5, 2020), # 15 Exhibit Exhibit 155 - Email Chain between DeCurtis, Virgin, and Assa Abloy (Nov. 4, 2019), # 16 Exhibit Exhibit 156 - Installation Instruction, # 17 Exhibit Exhibit 157 - DeCurtis LLCs Notice of Subpoenas to Third Party Assa Abloy Global Solutions, Inc. (Oct. 8, 2020), # 18 Exhibit Exhibit 158 - Email Chain between DeCurtis, Virgin, and Assa Abloy (May 8, 2020), # 19 Exhibit Exhibit 159 Internal DeCurtis Email (May 22, 2018), # 20 Exhibit Exhibit 160 - First Amended. Answers of DeCurtis LLC and DeCurtis Corp. to Carnivals First Set of Interrogatories (Sept. 23, 2020), # 21 Exhibit Exhibit 161 - Email Chain between DeCurtis, Virgin, and Assa Abloy with attachments (Sept. 13, 2018), # 22 Exhibit Exhibit 162 Internal DeCurtis Email (Oct. 23, 2020), # 23 Exhibit Exhibit 163 Nordahl Email dated March 30, 2022, # 24 Exhibit Exhibit 164 - Email Chain between DeCurtis and Shamrock (Oct. 12, 2019), # 25 Exhibit Exhibit 165 - Email Chain (Aug. 16, 2018), # 26 Exhibit Exhibit 166 - Email (Aug. 21, 2018), # 27 Exhibit Exhibit 167 - Email (Aug. 21, 2018), # 28 Exhibit Exhibit 168 - Email (Aug. 22, 2018), # 29 Exhibit Exhibit 169 - Email Chain (Aug. 23, 2018), # 30 Exhibit Exhibit 170 - Email Chain between DeCurtis, Assa Abloy, C3, and Virgin (Sept. 6, 2018), # 31 Exhibit Exhibit 171 - Email Chain (Sept. 11, 2018), # 32 Exhibit Exhibit 172 - Email Chain (Nov. 4, 2019), # 33 Exhibit Exhibit 173 - Email from Virgin to DeCurtis (Nov. 4, 2019), # 34 Exhibit Exhibit 174 - Email (Nov. 13, 2019), # 35 Exhibit Exhibit 175 - Email (October 31, 2019), # 36 Exhibit Exhibit 176 - Email from DeCurtis (Nov. 22, 2019), # 37 Exhibit Exhibit 177 - Email from Virgin (Nov. 28, 2019), # 38 Exhibit Exhibit 178 - Email (Dec. 2, 2019), # 39 Exhibit Exhibit 179 - Email between DeCurtis and Virgin (Dec. 4, 2019), # 40 Exhibit Exhibit 180 - Email Chain (Dec. 5, 2019), # 41 Exhibit Exhibit 181 - Email Chain between DeCurtis, Assa Abloy, and Virgin (Dec. 9, 2019), # 42 Exhibit Exhibit 182 - Email Chain (Dec. 13, 2019), # 43 Exhibit Exhibit 183 - Email Chain between Assa Abloy and DeCurtis (Dec. 16, 2019), # 44 Exhibit Exhibit 184 - Email Chain between DeCurtis and Assa Abloy (Dec. 20, 2019), # 45 Exhibit Exhibit 185 - Email Chain between Virgin and DeCurtis (May 23, 2016), # 46 Exhibit Exhibit 186 - Email Chain between DeCurtis and Virgin (May 26, 2017), # 47 Exhibit Exhibit 187 - Email Chain between Virgin and DeCurtis (July 28, 2017), # 48 Exhibit Exhibit 188 - Email between Virgin and DeCurtis (Nov. 1, 2015), # 49 Exhibit Exhibit 189 Email from DeCurtis (Feb. 14, 2020), # 50 Exhibit Exhibit 190 Email between DeCurtis and Virgin (Jan. 17, 2017), # 51 Exhibit Exhibit 191 Email from DeCurtis (June 6, 2016), # 52 Exhibit Exhibit 192 Internal DeCurtis email (June 2, 2016), # 53 Exhibit Exhibit 193 Email from DeCurtis (May 17, 2018), # 54 Exhibit Exhibit 194 - Presentation (Nov. 2018), # 55 Exhibit Exhibit 195 - Services Agreement, # 56 Exhibit Exhibit 196 - Internal DeCurtis Email (Sept. 13, 2016), # 57 Exhibit Exhibit 197 Internal DeCurtis Email (Sept. 21, 2016), # 58 Exhibit Exhibit 198 Internal DeCurtis Email (Nov. 8, 2016), # 59 Exhibit Exhibit 199 Internal DeCurtis Email (Nov. 15, 2016), # 60 Exhibit Exhibit 200 Internal DeCurtis Email (Feb. 7, 2018), # 61 Exhibit Exhibit 201 Internal DeCurtis Email (March 19, 2018), # 62 Exhibit Exhibit 202 - Email Chain from DeCurtis (June 11, 2020), # 63 Exhibit Exhibit 203 Presentation, # 64 Exhibit Exhibit 204 - Patent Owner Preliminary Response, # 65 Exhibit Exhibit 205 - Email Chain between Carnival and DeCurtis (July 23, 2014), # 66 Exhibit Exhibit 206 - Statement of Work (November 30, 2017), # 67 Exhibit Exhibit 207 - Email Chain between Carnival and DeCurtis (December 6, 2019), # 68 Exhibit Exhibit 208 Agreement (September 28, 2021), # 69 Exhibit Exhibit 209 - Email from NCL to DeCurtis (November 1, 2018), # 70 Exhibit Exhibit 210 Agreement, # 71 Exhibit Exhibit 211 - Email Chain between DeCurtis to Virgin (June 2, 2016), # 72 Exhibit Exhibit 212 DeCurtis Presentation (November 2018), # 73 Exhibit Exhibit 213 DeCurtis Proposal, # 74 Exhibit Exhibit 214 - Email Chain between Virgin and DeCurtis (May 23, 2016), # 75 Exhibit Exhibit 215 Agreement (April 13, 2016), # 76 Exhibit Exhibit 216 Amendment (February 14, 2017), # 77 Exhibit Exhibit 217 - Agreement (August 22, 2018), # 78 Exhibit Exhibit 218 - Email Chain from Assa Abloy (December 25, 2019), # 79 Exhibit Exhibit 219 - Email Chain from Assa Abloy (December 17, 2019), # 80 Exhibit Exhibit 220 - Email Chain from Jaycon Systems (November 22, 2019), # 81 Exhibit Exhibit 221 - Email Chain from DeCurtis (March 4, 2019), # 82 Exhibit Exhibit 222 - Email Chain from DeCurtis (December 3, 2019), # 83 Exhibit Exhibit 223 - Email Chain from DeCurtis (December 12, 2019), # 84 Exhibit Exhibit 224 - Internal DeCurtis Email Chain (September 20, 2018), # 85 Exhibit Exhibit 225 Master Service Agreement (August 22, 2014), # 86 Exhibit Exhibit 226 - Declaration of Andrew Schwalb (March 29, 2022), # 87 Exhibit Exhibit 227 - Excerpt from Oxford English Dictionary, # 88 Exhibit Exhibit 228 - Agreement -September 19, 2019, # 89 Exhibit Exhibit 229 - Agreement - August 20, 2018, # 90 Exhibit Exhibit 230 - An email from DeCurtis (May 15, 2020)) (Fassbender, Diana) Modified on 5/10/2022 (ail). (Entered: 05/09/2022) (0) |
| May 6, 2022 | 295 | Unopposed MOTION to Seal Documents per Local Rule 5.4 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Stearns, Jason) (Entered: 05/06/2022) (3) |
| Apr 28, 2022 | 293 | MOTION to Seal and Withdraw ECF Nos. 285-1 and 290 and Replace Same per Local Rule 5.4 by Carnival Corporation. (Attachments: # 1 Exhibit A-Declaration of Diana Fassbender, # 2 Exhibit B-Statement of Material Facts, # 3 Text of Proposed Order) (Fassbender, Diana) (Entered: 04/28/2022) (0) |
| Apr 28, 2022 | 294 | NOTICE by Carnival Corporation re 285 Notice (Other),,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, (Attachments: # 1 Supplemental Declaration of Diana M. Fassbender, # 2 Exhibit 129 Matthew Shoemake Deposition (April 11, 2022), # 3 Exhibit 130 Apurva Saxena Deposition (Jan. 26, 2022), # 4 Exhibit 131 DXP Proposal, # 5 Exhibit 132 Markus Jakobsson Rebuttal Expert Report (Mar. 31, 2022), # 6 Exhibit 133 Confidential Proposal) (Fassbender, Diana) (Entered: 04/28/2022) (0) |
| Apr 26, 2022 | 291 | Statement of: Material Facts In Support of Motion for Summary Judgment by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC (Stearns, Jason) (Entered: 04/26/2022) (11) |
| Apr 26, 2022 | 292 | MOTION for Summary Judgment by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 5/10/2022 (Stearns, Jason) (Entered: 04/26/2022) (26) |
| Apr 25, 2022 | 282 | Unopposed MOTION for Leave to File Under Seal by Carnival Corporation, Carnival Corporation. (Attachments: # 1 Text of Proposed Order)(Fassbender, Diana) (Entered: 04/25/2022) (0) |
| Apr 25, 2022 | 283 | Unopposed MOTION to Seal Documents per Local Rule 5.4 by DeCurtis LLC, DeCurtis LLC. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Seal Documents) (Stearns, Jason) (Entered: 04/25/2022) (0) |
| Apr 25, 2022 | 284 | DECLARATION of Patrick T. Schmidt in Support of 292 MOTION for Summary Judgment filed by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit AB, # 29 Exhibit AC, # 30 Exhibit AD, # 31 Exhibit AE, # 32 Exhibit AF, # 33 Exhibit AG, # 34 Exhibit AH, # 35 Exhibit AI, # 36 Exhibit AJ, # 37 Exhibit AK, # 38 Exhibit AL, # 39 Exhibit AM, # 40 Exhibit AN, # 41 Exhibit AO, # 42 Exhibit AP, # 43 Exhibit AQ, # 44 Exhibit AR, # 45 Exhibit AS, # 46 Exhibit AT)(Stearns, Jason) Modified text and link on 4/26/2022 (jua). (Entered: 04/25/2022) (0) |
| Apr 25, 2022 | 285 | NOTICE by Carnival Corporation, Carnival Corporation (Attachments: # 1 Declaration of Diana M. Fassbender in Support of Carnivals Motion for Summary Judgment and Daubert Motion, # 2 Exhibit 1 - Carnival-DeCurtis Master Services Agreement, # 3 Exhibit 2 - Derek Fournier Deposition Vol. 1 (Jan. 25. 2022), # 4 Exhibit 3 - Derek Fournier Deposition Vol. 2 (Jan. 26, 2022), # 5 Exhibit 4 - DeCurtis Digital Experience Platform Presentation, April 2017, # 6 Exhibit 5 - Internal DeCurtis Email Chain dated March 17, 2016, # 7 Exhibit 6 - March 1, 2022 Expert Report of Erik de la Iglesia, # 8 Exhibit 7 - Internal DeCurtis Email dated March 25, 2016, # 9 Exhibit 8 - Internal DeCurtis Email (with attachments) dated June 15, 2016, # 10 Exhibit 9 - Internal DeCurtis Email Chain dated July 30, 2015, # 11 Exhibit 10 - DeCurtis Immersive Experience Presentation, # 12 Exhibit 11 - Internal DeCurtis Email Chain dated June 23, 2017, # 13 Exhibit 12 - Internal DeCurtis Email Chain dated December 19, 2016, # 14 Exhibit 13 - Matthew Lynde Deposition (April 15, 2022), # 15 Exhibit 14 - Arnold Donald Deposition (Jan. 31, 2022), # 16 Exhibit 15 - Simon Murray Deposition (Jan. 31, 2022), # 17 Exhibit 16 (DeCurtis Website), # 18 Exhibit 17 - March 1, 2022 Expert Report of Matthew Lynde, Ph.D., # 19 Exhibit 18 - DeCurtis Strategy Session Offsite Agenda and DeCurtis Due Diligence Findings dated June 11, 2019, # 20 Exhibit 19 - DeCurtis Confidential Information Presentation dated November 2018, # 21 Exhibit 20 - Carnival Project Ocean Discussion Materials Presentation dated June 29, 2020, # 22 Exhibit 21 - Confidential Agreement, # 23 Exhibit 22 - Coleman, et al., Economic Analyses of Mergers at the FTC: The Cruise Ships Mergers Investigation, # 24 Exhibit 23 - Francis Farro Declaration (March 16, 2022), # 25 Exhibit 24 - Princess Cruises Presentation: PCL Strategic Update Medallion Class/OCEAN dated January 15, 2020, # 26 Exhibit 25 - March 31, 2022 Reply Expert Report of Mary Coleman, # 27 Exhibit 26 - Mary Coleman Deposition (April 15, 2022), # 28 Exhibit 27 - Letter to Virgin Cruises dated February 4, 2020, # 29 Exhibit 28 - Letter to NCL dated January 29, 2020, # 30 Exhibit 29 - John Padgett Deposition Vol. 2 (Jan. 18, 2022), # 31 Exhibit 30 - Letter from NCL to DeCurtis dated March 25, 2021, # 32 Exhibit 31 - March 1, 2022 Expert Report of Mary Coleman, # 33 Exhibit 32 - March 1, 2022 Expert Report of Nicholas Godici, # 34 Exhibit 33 - Nichols Godici Deposition (April 12, 2022), # 35 Exhibit 34 - March 31, 2022 Rebuttal Expert Report of Matthew Lynde, # 36 Exhibit 35 - Carnival Corporations First Notice of 30(b)(6) Deposition to Defendant DeCurtis LLC, # 37 Exhibit 36 - David DeCurtis Deposition Vol. 1 (Feb. 3, 2022), # 38 Exhibit 37 - David DeCurtis Deposition Vol. 2 (Feb. 4, 2022), # 39 Exhibit 38 - March 1, 2022 Expert Report of Matthew Shoemake, Ph.D., # 40 Exhibit 39 - March 1, 2022 Expert Report of Markus Jakobson, Ph.D., # 41 Exhibit 40 - March 31, 2022 Rebuttal Expert Report of Erik de la Iglesia, # 42 Exhibit 41 - Email Chain dated October 21, 2014, # 43 Exhibit 42 - Ideas and Concepts Developed by EIC Project, # 44 Exhibit 43 - Ideas and Concepts Developed by EIC Project (DeCurtis Production), # 45 Exhibit 44 - Email to John Padgett (with attachments) dated July 14, 2014, # 46 Exhibit 45 - DeCurtis Responses to Carnivals Second Set of Interrogatories (Feb. 12, 2021), # 47 Exhibit 46 - Virgin-DeCurtis Contract, # 48 Exhibit 47 - Carnival/Evercore/Accenture Presentation: Project Ocean Due Diligence Deliverable dated October 2020, # 49 Exhibit 48 - Internal DeCurtis Email Chain dated April 25, 2017, # 50 Exhibit 49 - DeCurtis Q3 Board Presentation, # 51 Exhibit 50 - Carnival-DeCurtis SOW No. 1, # 52 Exhibit 51 - Carnival-DeCurtis SOW No. 13, # 53 Exhibit 52 - Carnival-DeCurtis SOW No. 14, # 54 Exhibit 53 - Freeborn & Peters Letter (Feb. 24, 2020), # 55 Exhibit 54 - Orrick, Herrington & Sutcliffe Letter (Feb. 20, 2020), # 56 Exhibit 55 - Carnival-DeCurtis SOW No. 4, # 57 Exhibit 56 - Carnival-DeCurtis SOW No. 4, # 58 Exhibit 57 - Carnival-DeCurtis SOW No. 5, # 59 Exhibit 58 - Carnival-DeCurtis SOW No. 6, # 60 Exhibit 59 - Carnival-DeCurtis SOW No. 7, # 61 Exhibit 60 - Carnival-DeCurtis SOW No. 8, # 62 Exhibit 61 - Carnival-DeCurtis SOW No. 3, # 63 Exhibit 62 - Carnival-DeCurtis SOW No. 15, # 64 Exhibit 63 - Internal DeCurtis Email Chain dated April 25, 2017, # 65 Exhibit 64 - Internal DeCurtis Email with attachments dated March 14, 2016, # 66 Exhibit 65 - DeCurtis Portfolio Overview, # 67 Exhibit 66 - DeCurtis Cruise Freedom Presentation, # 68 Exhibit 67 - DeCurtis NCL Demo Planning (Feb. 28, 2017), # 69 Exhibit 68 - Carnival-DeCurtis SOW No. 3, # 70 Exhibit 69 - DeCurtis Digital Experience Platform Presentation, # 71 Exhibit 70 - Internal DeCurtis Email Chain dated August 29, 2018, # 72 Exhibit 71 - Internal DeCurtis Email dated March 6, 2017, # 73 Exhibit 72 - Carnival-DeCurtis SOW No. 9, # 74 Exhibit 73 - Carnival-DeCurtis SOW No. 10, # 75 Exhibit 74 - Internal DeCurtis Email with attachments dated August 12, 2015, # 76 Exhibit 75 - DeCurtis Proposal to Tampa Bay Buccaneers, # 77 Exhibit 76 - NCL-DeCurtis Agreement (Mar. 1, 2018), # 78 Exhibit 77 - DeCurtis Digital Experience Platform Presentation for NCL, # 79 Exhibit 78 - Joseph Carino Deposition (Feb. 2, 2022), # 80 Exhibit 79 - Internal DeCurtis Email dated November 14, 2018, # 81 Exhibit 80 - John Padgett Deposition (Jan. 17, 2022), # 82 Exhibit 81 - Erik de la Iglesia Deposition (April 14, 2022), # 83 Exhibit 82 - Vincent Ball Deposition (Jan. 31, 2022), # 84 Exhibit 83 - Stephen Becker Deposition (Dec. 15, 2021), # 85 Exhibit 84 - Richard Criado Deposition (Feb. 1, 2022), # 86 Exhibit 85 - Douglas Steel Deposition Vol. 2 (Jan. 14, 2022), # 87 Exhibit 86 -Michael Jungen Deposition (Jan. 7, 2022), # 88 Exhibit 87 - Sander Lam Deposition (Nov. 1, 2021), # 89 Exhibit 88 - Patrick Mendiuk Deposition (Jan. 19, 2022), # 90 Exhibit 89 - Adam Leonards Deposition (Jan. 26, 2022), # 91 Exhibit 90 - Kyle Prestenback Deposition (Jan. 28, 2022), # 92 Exhibit 91 - Neil Rippon Deposition (Nov. 16, 2021), # 93 Exhibit 92 - DeCurtis Project Trident Presentation (July 8, 2015), # 94 Exhibit 93 - Project Trident: Product Requirements Document Guest Medallion (August 14, 2015), # 95 Exhibit 94 - Project Trident: Product Requirements Document Static Reader (August 15, 2015), # 96 Exhibit 95 - Product Trident: Product Requirements Documents Carnival Signature Door Lock (August 16, 2016), # 97 Exhibit 96 - Email Chain dated August 13, 2015, # 98 Exhibit 97 - Internal DeCurtis Email Chain dated August 12, 2015, # 99 Exhibit 98 - Internal DeCurtis Email dated April 23, 2014, # 100 Exhibit 99 - CLIA Presentation: Cruise Travel Report (January 2018), # 101 Exhibit 100 - BCG Presentation: Project Deep Sea (March 2019), # 102 Exhibit 101 - Invalidity Claim Chart for U.S. Patent No. 10,045,184, # 103 Exhibit 102 - DeCurtis Invalidity Contentions, # 104 Exhibit 103 - Megha Agrawal Deposition (Jan. 24, 2022), # 105 Exhibit 104 - FTC Statement Concerning RCL and Princess, # 106 Exhibit 105 - FTC Closes Cruise Line Merger Investigations, # 107 Exhibit 106 - Internal DeCurtis Email with attachment dated April 25, 2018, # 108 Exhibit 107 - Internal DeCurtis Email Chain dated March 16, 2048, # 109 Exhibit 108 - Internal DeCurtis Email Chain dated March 15, 2017, # 110 Exhibit 109 - Internal DeCurtis Email Chain dated July 28, 2015, # 111 Exhibit 110 - Internal DeCurtis Email Chain dated February 13, 2017, # 112 Exhibit 111 - Internal DeCurtis Email Chain dated February 23, 2017, # 113 Exhibit 112 - Internal DeCurtis Email Chain dated August 10, 2015, # 114 Exhibit 113 - Internal DeCurtis Email Chain dated February 9, 2017, # 115 Exhibit 114 - Internal DeCurtis Email dated April 4, 2016, # 116 Exhibit 115 - Internal DeCurtis Email Chain dated September 20, 2018, # 117 Exhibit 116 - Internal DeCurtis Email dated April 18, 2016, # 118 Exhibit 117 - Internal DeCurtis Email Chain dated July 30, 2015, # 119 Exhibit 118 - Internal NCL Email Chain dated February 22, 2017, # 120 Exhibit 119 - Internal DeCurtis Email Chain with attachments dated July 19, 2018, # 121 Exhibit 120 - Internal DeCurtis Email Chain dated April 20, 2018, # 122 Exhibit 121 - Internal DeCurtis Email Chain dated July 22, 2016, # 123 Exhibit 122 - Internal DeCurtis Email dated July 26, 2016, # 124 Exhibit 123 - Internal NCL Email dated November 27, 2018, # 125 Exhibit 124 - Internal DeCurtis Email Chain dated December 19, 2018, # 126 Exhibit 125 - Internal DeCurtis Email dated April 18, 2016, # 127 Exhibit 126 - Internal DeCurtis Email dated April 12, 2018, # 128 Exhibit 127 - Internal DeCurtis Email dated March 6, 2017, # 129 Exhibit 128 Glenn Curtis Deposition (Jan. 12, 2022), # 130 Declaration of Mary Coleman, # 131 Declaration of Erik de la Iglesia) (Fassbender, Diana) Text Modified on 4/27/2022 (ail). (Entered: 04/25/2022) (0) |
| Apr 25, 2022 | 286 | MOTION to Strike Limit, or Exclude Certain Expert Testimony and Memorandum of Law in Support Thereof (REDACTED) by Carnival Corporation, Carnival Corporation. Responses due by 5/9/2022 (Fassbender, Diana) (Entered: 04/25/2022) (28) |
| Apr 25, 2022 | 287 | AFFIDAVIT In Support of Motion for Summary Judgment signed by: Jason P. Stearns by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC (Attachments: # 1 Exhibit AU (Carnival O8 License))(Stearns, Jason) (Entered: 04/25/2022) (0) |
| Apr 25, 2022 | 288 | MOTION for Summary Judgment and Memorandum in Support of Summary Judgment by Carnival Corporation, Carnival Corporation. Responses due by 5/9/2022 (Fassbender, Diana) (Entered: 04/25/2022) (30) |
| Apr 25, 2022 | 289 | MOTION to Strike Expert Opinions of Mary Coleman, Ph.D. and Erik de la Iglesia by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 5/9/2022 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Stearns, Jason) (Entered: 04/25/2022) (0) |
| Apr 25, 2022 | 290 | Statement of: OF MATERIAL FACTS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT by Carnival Corporation, Carnival Corporation re 288 MOTION for Summary Judgment and Memorandum in Support of Summary Judgment (Fassbender, Diana) (Entered: 04/26/2022) (0) |
| Apr 19, 2022 | 281 | SUPPLEMENT to 273 Objections to Report and Recommendations [Response to DeCurtis' Objections to Claim Construction] by Carnival Corporation, Carnival Corporation (Attachments: # 1 Affidavit Johannes Hsu Decl. Hsu Declaration ISO Carnival's Resp. to DeCurtis's Objections to Claim Construction, # 2 Exhibit 1)(Fassbender, Diana) (Entered: 04/19/2022) (0) |
| Apr 11, 2022 | 280 | PAPERLESS AMENDED ORDER re 238 Scheduling Order. The deadline to file all dispositive and Daubert motions is now Monday, April 25, 2022. Signed by Chief Magistrate Judge Edwin G. Torres on 4/11/2022. (elk) (Entered: 04/11/2022) (0) |
| Apr 7, 2022 | 275 | PAPERLESS ORDER granting 258 unopposed motion to file unredacted exhibits under seal; granting 261 unopposed motion for leave to file unredacted reply under seal; granting 266 unopposed motion to file unredacted motion under seal. The Court finds good cause to grant the foregoing motions and, if the parties have not already done so, they are further instructed to file redacted versions of the foregoing on the public docket in addition to filing unredacted versions under seal. Signed by Chief Magistrate Judge Edwin G. Torres on 4/7/2022. (elk) (Entered: 04/07/2022) (0) |
| Apr 5, 2022 | 273 | OBJECTIONS to 267 Report and Recommendations on Claim Construction and Summary Judgment by DeCurtis LLC. (Stearns, Jason) (Entered: 04/05/2022) (23) |
| Apr 5, 2022 | 274 | REPLY to Response to Motion re 265 MOTION Motion for Adjudication of Privilege Claims filed by Carnival Corporation. (Fassbender, Diana) (Entered: 04/05/2022) (16) |
| Apr 1, 2022 | 272 | RESPONSE to Motion re 266 MOTION to Seal re Carnival's Motion for Order Adjudicating Privilege Claims per Local Rule 5.4 filed by DeCurtis LLC. Replies due by 4/8/2022. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Stearns, Jason) (Entered: 04/01/2022) (0) |
| Mar 29, 2022 | 270 | PAPERLESS ORDER granting 269 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Eileen M. Cole. Signed by Chief Magistrate Judge Edwin G. Torres on 3/29/2022. (elk) (Entered: 03/29/2022) (0) |
| Mar 29, 2022 | 271 | RESPONSE in Opposition re 265 MOTION Motion for Adjudication of Privilege Claims filed by DeCurtis LLC. Replies due by 4/5/2022. (Attachments: # 1 Certification Declaration of David DeCurtis, # 2 Certification Declaration of Jim Learish, # 3 Certification Declaration of Troy Smith)(Stearns, Jason) (Entered: 03/29/2022) (0) |
| Mar 28, 2022 | 269 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Eileen M. Cole. Filing Fee $ 200.00 Receipt # AFLSDC-15510849 by Carnival Corporation, Carnival Corporation. Responses due by 4/11/2022 (Attachments: # 1 Text of Proposed Order, # 2 Affidavit)(Espinosa, Jorge) (Entered: 03/28/2022) (0) |
| Mar 22, 2022 | 267 | REPORT AND RECOMMENDATIONS re 203 MOTION for Summary Judgment Regarding Invalidity Under 35 U.S.C. Section 112 filed by DeCurtis LLC, 205 MOTION Opening Claim Construction Brief filed by Carnival Corporation, and 236 SEALED MOTION for Summary Judgment Regarding Invalidity Under 35 U.S.C. Section 112 filed by DeCurtis LLC. The Court recommends that Carnival's motion opening claim construction brief 205 be GRANTED. The Court also recommends that DeCurtis' motion for summary judgment, filed with redactions at 203 and under seal at 236 , be DENIED. Objections to R&R due by 4/5/2022. Signed by Chief Magistrate Judge Edwin G. Torres on 3/22/2022. See attached document for full details. (elk) (Entered: 03/22/2022) (38) |
| Mar 18, 2022 | 266 | MOTION to Seal re Carnival's Motion for Order Adjudicating Privilege Claims per Local Rule 5.4 by Carnival Corporation. (Fassbender, Diana) (Entered: 03/18/2022) (8) |
| Mar 15, 2022 | 265 | Motion for Adjudication of Privilege Claims by Carnival Corporation. (Fassbender, Diana) Modified text on 3/15/2022 (drz). (Entered: 03/15/2022) (23) |
| Mar 11, 2022 | 264 | ANSWER to Counterclaim by Carnival Corporation. (Fassbender, Diana) (Entered: 03/11/2022) (14) |
| Mar 4, 2022 | 263 | ORDER ADOPTING REPORT AND RECOMMENDATIONS re 160 Motion to Dismiss for Failure to State a Claim, filed by Carnival Corporation, 260 Report and Recommendations, ; denying 160 Motion to Dismiss for Failure to State a Claim; Affirming and Adopting 260 Report and Recommendations on 160 Motion to Dismiss for Failure to State a Claim, filed by Carnival Corporation, 260 Report and Recommendations. Signed by Judge Robert N. Scola, Jr on 3/3/2022. See attached document for full details. (drz) (Entered: 03/04/2022) (1) |
| Feb 11, 2022 | 261 | Unopposed MOTION for Leave to File to File Under Seal Its Reply in Support of Its Expedited Motion to Compel Compliance With Subpoenas [ECF 254] by DeCurtis LLC. (Stearns, Jason) (Entered: 02/11/2022) (3) |
| Feb 11, 2022 | 262 | REPLY to Response to Motion re 254 MOTION to Compel Expedited Motion to Compel Compliance With Subpoenas filed by DeCurtis LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Stearns, Jason) (Entered: 02/11/2022) (0) |
| Feb 9, 2022 | 260 | REPORT AND RECOMMENDATIONS re 160 Carnival's MOTION TO DISMISS 155 Answer to Amended Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM:Recommending Motion be DENIED. Objections to R&R due by 2/23/2022. Signed by Ch. Magistrate Judge Edwin G. Torres on 2/9/2022. See attached document for full details. (EGT) (Entered: 02/09/2022) (14) |
| Feb 4, 2022 | 259 | RESPONSE in Opposition re 254 MOTION to Compel Expedited Motion to Compel Compliance With Subpoenas filed by Carnival Corporation, Carnival Corporation. Replies due by 2/11/2022. (Attachments: # 1 Affidavit Kark Sestak, # 2 Affidavit Diana M. Fassbender, # 3 Exhibit A to Fassbender Decl, # 4 Exhibit B to Fassbender Decl, # 5 Exhibit C to Fassbender Decl, # 6 Exhibit D to Fassbender Decl)(Espinosa, Jorge) (Entered: 02/04/2022) (0) |
| Feb 3, 2022 | 258 | Unopposed MOTION to Seal Exhibits to Response in Opposition to DeCurtiss Expedited Motion To Compel Compliance With Subpoenas [De 254] per Local Rule 5.4 by Carnival Corporation, Carnival Corporation. (Attachments: # 1 Text of Proposed Order) (Espinosa, Jorge) (Entered: 02/03/2022) (0) |
| Jan 25, 2022 | 256 | PAPERLESS ORDER granting 255 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Mark Kaplan, Esq. The application satisfies the Court's Local Rules on pro hac admissions. The Clerk shall add pro hac counsel as co-counsel of record for Plaintiff/Counter-Defendant and provide electronic notification of all electronic filings to Marc Kaplan at marckaplan@quinnemanuel.com and katherinefuller@quinnemanuel.com. Signed by Ch. Magistrate Judge Edwin G. Torres on 1/25/2022. (EGT) (Entered: 01/25/2022) (0) |
| Jan 25, 2022 | 257 | Order Consolidating Related Cases. Accordingly, the Court orders as follows: Arnold Donald et al. v. DeCurtis Corporation and DeCurtis LLC (Case No. 22-20095) is consolidated with the main action, DeCurtis LLC v. Carnival Corporation (Case No. 20-22945). All future filings in both actions must be submitted under case number 20-22945 only. The Court denies as moot the DeCurtis parties unopposed motion to consolidate (ECF No. 12 in the 22-20095 case). The Court refers Movants Arnold Donald, Barbara Jones, and Karl Sestaks motion to quash (ECF No. 11), from the 22-20095 case, to United States Magistrate Judge Edwin G. Torres to be heard and determined, consistent with 28 U.S.C. § 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of the Local Magistrate Judge Rules. The Clerk is directed to administratively close the contested discovery matter case, Arnold Donald et al. v. DeCurtis Corporation and DeCurtis LLC (Case No. 22-20095) for statistical purposes. Further filings are not to be submitted under this case number. Signed by Judge Robert N. Scola, Jr on 1/24/2022. See attached document for full details. (drz) (Entered: 01/26/2022) (1) |
| Jan 24, 2022 | 255 | Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Marc Kaplan. Filing Fee $ 200.00 Receipt # AFLSDC-15341644 by DeCurtis Corporation, DeCurtis LLC. Responses due by 2/7/2022 (Attachments: # 1 Exhibit A: Certification, # 2 Exhibit B: Proposed form of Order)(Stearns, Jason) (Entered: 01/24/2022) (0) |
| Jan 21, 2022 | 254 | MOTION to Compel Expedited Motion to Compel Compliance With Subpoenas by DeCurtis Corporation, DeCurtis LLC. Responses due by 2/4/2022 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Stearns, Jason) (Entered: 01/21/2022) (0) |
| Jan 18, 2022 | 252 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Olivia Clements. Filing Fee $ 200.00 Receipt # AFLSDC-15323312 by Carnival Corporation, Carnival Corporation. Responses due by 2/1/2022 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Espinosa, Jorge) (Entered: 01/18/2022) (0) |
| Jan 18, 2022 | 253 | PAPERLESS ORDER granting 252 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Olivia Clements. Signed by Chief Magistrate Judge Edwin G. Torres on 1/18/2022. (elk) (Entered: 01/18/2022) (0) |
| Jan 10, 2022 | 250 | STATUS REPORT (Mediation Report) by Carnival Corporation (Fassbender, Diana) (Entered: 01/10/2022) (2) |
| Jan 10, 2022 | 251 | FINAL MEDIATION REPORT by Antonio Piazza. Disposition: Case did not settle.(Stearns, Jason) (Entered: 01/10/2022) (2) |
| Jan 6, 2022 | 249 | RESPONSE in Support re 203 MOTION for Summary Judgment Regarding Invalidity Under 35 U.S.C. Section 112, 244 Unopposed MOTION for Leave to File Proposed Supplemental Brief in Support of Motion for Summary Judgment Regarding Invalidity Under 35 U.S.C. Section 112 and 247 Paperless Order Granting DeCurtis's Unopposed Motion for Leave to File Supplemental Brief filed by DeCurtis Corporation, DeCurtis LLC. (Attachments: # 1 Exhibit A -Transcript of Deposition of William Eisenstadt, Ph.D.)(Stearns, Jason) (Entered: 01/06/2022) (0) |
| Jan 5, 2022 | 247 | PAPERLESS ORDER granting 244 DeCurtis' unopposed motion for leave to file its proposed supplemental brief in support of its motion for summary judgment. Signed by Magistrate Judge Edwin G. Torres on 1/5/2022. (elk) (Entered: 01/05/2022) (0) |
| Jan 5, 2022 | 248 | CASE REFERRED to Magistrate Judge Edwin G. Torres. Motions referred to Judge Edwin G. Torres. Per Chambers - See Order ECF No. 102 . (sk) (Entered: 01/05/2022) (0) |
| Jan 3, 2022 | 244 | Unopposed MOTION for Leave to File Proposed Supplemental Brief in Support of Motion for Summary Judgment Regarding Invalidity Under 35 U.S.C. Section 112 by DeCurtis Corporation, DeCurtis LLC. (Attachments: # 1 Attachment 1: Proposed Supplemental Brief in Support of Motion for Summary Judgment, # 2 Exhibit A: Excerpts from December 16, 2021 Deposition of Dr. William Eisenstadt)(Stearns, Jason) (Entered: 01/03/2022) (0) |
| Jan 3, 2022 | 245 | NOTICE of Compliance With the Court's December 10, 2021 Order by DeCurtis Corporation, DeCurtis LLC re 238 Order on Motion to Compel,, Order on Sealed Motion,,, (Attachments: # 1 Exhibit A: Declaration of Apurva Saxena, # 2 Exhibit B: Declaration of Andrew C. Nordahl) (Stearns, Jason) (Entered: 01/03/2022) (0) |
| Jan 3, 2022 | 246 | NOTICE of Compliance with Court's Dec. 10, 2021 Order by Carnival Corporation re 238 Order on Motion to Compel,, Order on Sealed Motion,,, (Attachments: # 1 Exhibit A- Declaration of T. Vann Pearce, # 2 Exhibit B- Declaration of H. Weeter) (Fassbender, Diana) (Entered: 01/03/2022) (0) |
| Dec 10, 2021 | 238 | ORDER granting in part and denying in part 187 Motion to Compel and to Modify the Scheduling Order; denying as moot 220 Sealed Motion to Compel and to Modify the Scheduling Order in light of corrected motion at 227 ; and granting in part and denying in part 227 Sealed Motion to Compel and to Modify the Scheduling Order. Signed by Magistrate Judge Edwin G. Torres on 12/10/2021. See attached document for full details. (elk) (Entered: 12/10/2021) (11) |
| Dec 10, 2021 | 239 | NOTICE of Attorney Appearance by John F. O'Sullivan on behalf of DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Attorney John F. O'Sullivan added to party DeCurtis Corporation(pty:condft), Attorney John F. O'Sullivan added to party DeCurtis LLC(pty:pla), Attorney John F. O'Sullivan added to party DeCurtis LLC(pty:condft), Attorney John F. O'Sullivan added to party DeCurtis LLC(pty:cc). (O'Sullivan, John) (Entered: 12/10/2021) (2) |
| Dec 10, 2021 | 240 | Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jared Kneitel. on Behalf of DeCurtis LLC and DeCurtis Corporation Filing Fee $ 200.00 Receipt # AFLSDC-15237091 by DeCurtis LLC. Responses due by 12/27/2021 (Attachments: # 1 Exhibit A: Certification of J. Kneitel, # 2 Exhibit B: Proposed form of Order)(Stearns, Jason) (Entered: 12/10/2021) (0) |
| Dec 10, 2021 | 241 | Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey C. Wu. on Behalf of DeCurtis LLC and DeCurtis Corporation Filing Fee $ 200.00 Receipt # AFLSDC-15237149 by DeCurtis LLC. Responses due by 12/27/2021 (Attachments: # 1 Exhibit A: Certification of J. Wu, # 2 Exhibit B: Proposed form of Order)(Stearns, Jason) (Entered: 12/10/2021) (0) |
| Dec 10, 2021 | 242 | PAPERLESS ORDER granting 240 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jared Kneitel. Signed by Magistrate Judge Edwin G. Torres on 12/10/2021. (elk) (Entered: 12/10/2021) (0) |
| Dec 10, 2021 | 243 | PAPERLESS ORDER granting 241 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jeffrey C. Wu. Signed by Magistrate Judge Edwin G. Torres on 12/10/2021. (elk) (Entered: 12/10/2021) (0) |
| Dec 2, 2021 | 237 | PAPERLESS ORDER granting 232 Motion to Seal for good cause shown. Signed by Magistrate Judge Edwin G. Torres on 12/2/2021. (elk) (Entered: 12/02/2021) (0) |
| Nov 26, 2021 | 226 | AFFIDAVIT signed by: Patrick T. Schmidt by DeCurtis LLC (Attachments: # 1 Exhibit, # 2 Exhibit)(Stearns, Jason) (Entered: 11/26/2021) (0) |
| Nov 26, 2021 | 230 | RESPONSE in Support re 203 MOTION for Summary Judgment Regarding Invalidity Under 35 U.S.C. Section 112 filed by DeCurtis LLC. (Stearns, Jason) (Entered: 11/26/2021) (16) |
| Nov 26, 2021 | 231 | Statement of: DeCurtis's Reply Statement of Material Facts In Support of Motion for Summary Judgment Regarding Invalidity Under 35 U.S.C. Section 112 by DeCurtis LLC (Stearns, Jason) (Entered: 11/26/2021) (9) |
| Nov 26, 2021 | 232 | MOTION to Seal per Local Rule 5.4 by DeCurtis LLC. (Attachments: # 1 Text of Proposed Order) (Stearns, Jason) (Entered: 11/26/2021) (0) |
| Nov 23, 2021 | 222 | AFFIDAVIT In Support of DeCurtis Responsive Claim Brief signed by: Patrick T. Schmidt by DeCurtis LLC (Attachments: # 1 Exhibit AR: Excerpts from Erik de la Iglesia Deposition, # 2 Exhibit AS: Excerpts from Matthew B. Shoemake Deposition, # 3 Exhibit AT: 184 Patent IPR Petition)(Stearns, Jason) (Entered: 11/23/2021) (0) |
| Nov 23, 2021 | 223 | SUPPLEMENT Responsive Claim Construction Brief by DeCurtis LLC (Stearns, Jason) (Entered: 11/23/2021) (26) |
| Nov 23, 2021 | 224 | AFFIDAVIT [Declaration of David R. Medina ISO Carnival Corporations Responsive Claim Construction Brief] signed by: David R. Medina by Carnival Corporation, Carnival Corporation (Attachments: # 1 Exhibit 25, # 2 Exhibit 26, # 3 Exhibit 27, # 4 Exhibit 28, # 5 Exhibit 29, # 6 Exhibit 30, # 7 Exhibit 31)(Fassbender, Diana) (Entered: 11/23/2021) (0) |
| Nov 23, 2021 | 225 | SUPPLEMENT Carnival Corporations Responsive Claim Construction Brief by Carnival Corporation, Carnival Corporation (Fassbender, Diana) (Entered: 11/23/2021) (28) |
| Nov 22, 2021 | 213 | PAPERLESS ORDER granting 191 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Johannes Hsu. Signed by Magistrate Judge Edwin G. Torres on 11/22/2021. (elk) (Entered: 11/22/2021) (0) |
| Nov 22, 2021 | 214 | PAPERLESS ORDER granting 192 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney David R. Medina. Signed by Magistrate Judge Edwin G. Torres on 11/22/2021. (elk) (Entered: 11/22/2021) (0) |
| Nov 22, 2021 | 215 | PAPERLESS ORDER granting 184 Motion to Seal portions of its Motion to Compel Discovery and to Modify Scheduling Order for good cause shown. Signed by Magistrate Judge Edwin G. Torres on 11/22/2021. (elk) (Entered: 11/22/2021) (0) |
| Nov 22, 2021 | 216 | PAPERLESS ORDER granting 196 Motion to Seal portions of its Opposition to the Motion to Compel Discovery and to Modify the Scheduling Order for good cause shown. Signed by Magistrate Judge Edwin G. Torres on 11/22/2021. (elk) (Entered: 11/22/2021) (0) |
| Nov 22, 2021 | 217 | PAPERLESS ORDER granting 200 Motion to Seal for good cause shown. Signed by Magistrate Judge Edwin G. Torres on 11/22/2021. (elk) (Entered: 11/22/2021) (0) |
| Nov 22, 2021 | 218 | PAPERLESS ORDER granting 209 Motion to Seal portions of its Statement of Material Facts & Additional Facts in Opposition to Summary Judgment for good cause shown. Signed by Magistrate Judge Edwin G. Torres on 11/22/2021. (elk) (Entered: 11/22/2021) (0) |
| Nov 20, 2021 | 211 | Statement of: MATERIAL FACTS AND ADDITIONAL FACTS IN OPPOSITION TO SUMMARY JUDGMENT RE INVALIDITY UNDER 35 U.S.C. SECTION 112 by Carnival Corporation, Carnival Corporation (Fassbender, Diana) (Entered: 11/20/2021) (16) |
| Nov 20, 2021 | 212 | RESPONSE in Opposition re 203 MOTION for Summary Judgment Regarding Invalidity Under 35 U.S.C. Section 112 filed by Carnival Corporation, Carnival Corporation. Replies due by 11/29/2021. (Attachments: # 1 Text of Proposed Order [Proposed] Order re Carnival's Opp to MSJ)(Fassbender, Diana) (Entered: 11/20/2021) (0) |
| Nov 19, 2021 | 208 | NOTICE by Carnival Corporation, Carnival Corporation [Notice of Filing Declarations] (Attachments: # 1 Affidavit Declaration of Douglas Steele ISO Carnival's Oppo. to DeC's MSJ, # 2 Affidavit Declaration of Dr. William Eisenstadt ISO Carnival's Oppo. to DeC's MSJ, # 3 Affidavit Declaration of Dr. Kevin Almeroth ISO Carnival's Oppo. to DeC's MSJ) (Fassbender, Diana) (Entered: 11/19/2021) (0) |
| Nov 19, 2021 | 209 | MOTION to Seal Portions of Statement of Material Facts & Addition Facts in Opposition to SJM per Local Rule 5.4 by Carnival Corporation, Carnival Corporation. (Attachments: # 1 Text of Proposed Order [Proposed] Order re Motion to Seal) (Fassbender, Diana) (Entered: 11/19/2021) (0) |
| Nov 19, 2021 | 210 | AFFIDAVIT [Declaration ISO Carnival's Opp to MSJ] signed by: T. Vann Pearce Jr. by Carnival Corporation, Carnival Corporation (Attachments: # 1 Exhibit A to Pearce Declaration ISO Opp to MSJ, # 2 Exhibit B to Pearce Declaration ISO Opp to MSJ, # 3 Exhibit C to Pearce Declaration ISO Opp to MSJ, # 4 Exhibit D to Pearce Declaration ISO Opp to MSJ, # 5 Exhibit E to Pearce Declaration ISO Opp to MSJ, # 6 Exhibit F to Pearce Declaration ISO Opp to MSJ, # 7 Exhibit G to Pearce Declaration ISO Opp to MSJ, # 8 Exhibit H to Pearce Declaration ISO Opp to MSJ, # 9 Exhibit I to Pearce Declaration ISO Opp to MSJ, # 10 Exhibit J to Pearce Declaration ISO Opp to MSJ, # 11 Exhibit K to Pearce Declaration ISO Opp to MSJ, # 12 Exhibit L to Pearce Declaration ISO Opp to MSJ, # 13 Exhibit M to Pearce Declaration ISO Opp to MSJ)(Fassbender, Diana) (Entered: 11/19/2021) (0) |
| Nov 10, 2021 | 206 | AFFIDAVIT signed by: James Judah by DeCurtis LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Stearns, Jason) (Entered: 11/10/2021) (0) |
| Nov 10, 2021 | 207 | REPLY to Response to Motion re 187 Plaintiff's MOTION to Compel Discovery and Modify the Scheduling Order [REDACTED VERSION] filed by DeCurtis LLC. (Stearns, Jason) (Entered: 11/10/2021) (13) |
| Nov 5, 2021 | 198 | NOTICE by DeCurtis LLC of Filing (Attachments: # 1 Affidavit Declaration of Erik De la Iglesia, # 2 Affidavit Redacted Declaration of Emmanouil M. Tentzeris, # 3 Affidavit Declaration of Markus Jakobsson, # 4 Affidavit Redacted Declaration of Matthew B. Shomake, # 5 Affidavit Rebuttal Declaration of de la Iglesia, # 6 Affidavit Rebuttal Declaration of Matthew B. Shoemake) (Stearns, Jason) (Entered: 11/05/2021) (0) |
| Nov 5, 2021 | 199 | AFFIDAVIT signed by: Patrick T. Schmidt by DeCurtis LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit AB, # 29 Exhibit AC, # 30 Exhibit AD, # 31 Exhibit AE, # 32 Exhibit AF, # 33 Exhibit AG, # 34 Exhibit AH, # 35 Exhibit AI, # 36 Exhibit AJ, # 37 Exhibit AK, # 38 Exhibit AL, # 39 Exhibit AM, # 40 Exhibit AN, # 41 Exhibit AO, # 42 Exhibit AP, # 43 Exhibit AQ)(Stearns, Jason) (Entered: 11/05/2021) (0) |
| Nov 5, 2021 | 200 | Plaintiff's MOTION to Seal per Local Rule 5.4 by DeCurtis LLC. (Attachments: # 1 Text of Proposed Order Order Granting Motion for Leave to Seal) (Stearns, Jason) (Entered: 11/05/2021) (0) |
| Nov 5, 2021 | 201 | SUPPLEMENT DeCurtis' Opening Claim Construction Brief by DeCurtis LLC (Stearns, Jason) (Entered: 11/05/2021) (25) |
| Nov 5, 2021 | 202 | Statement of: Material Facts in Support of Motion for Summary Judgment Regarding Invalidity Under 35 U.S.C. Section 112 by DeCurtis LLC (Stearns, Jason) (Entered: 11/05/2021) (11) |
| Nov 5, 2021 | 203 | MOTION for Summary Judgment Regarding Invalidity Under 35 U.S.C. Section 112 by DeCurtis LLC. Responses due by 11/19/2021 (Attachments: # 1 Text of Proposed Order)(Stearns, Jason) (Entered: 11/05/2021) (0) |
| Nov 5, 2021 | 204 | NOTICE by DeCurtis LLC Of Submission of Technology Tutorial (Stearns, Jason) (Entered: 11/05/2021) (3) |
| Nov 5, 2021 | 205 | MOTION Opening Claim Construction Brief by Carnival Corporation. (Attachments: # 1 Affidavit Declaration of Johannes Hsu ISO Carnivals Opening Claim Construction Brief, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24)(Fassbender, Diana) (Entered: 11/05/2021) (0) |
| Nov 3, 2021 | 196 | Unopposed MOTION to Seal PORTIONS OF ITS OPPOSITION TO MOTION TO COMPEL DISCOVERY AND TO MODIFY THE SCHEDULING ORDER AND CERTAIN EXHIBITS THERETO per Local Rule 5.4 by Carnival Corporation. (Attachments: # 1 Text of Proposed Order) (Fassbender, Diana) (Entered: 11/03/2021) (0) |
| Nov 3, 2021 | 197 | RESPONSE in Opposition re 187 Plaintiff's MOTION to Compel Discovery and Modify the Scheduling Order [REDACTED VERSION] filed by Carnival Corporation. Replies due by 11/10/2021. (Attachments: # 1 Declaration of Diana M. Fassbender, # 2 Exhibit A to Fassbender Declaration (to be filed underseal), # 3 Exhibit B to Fassbender Declaration, # 4 Exhibit C to Fassbender Declaration (to be filed underseal), # 5 Exhibit D to Fassbender Declaration, # 6 Exhibit E to Fassbender Declaration, # 7 Exhibit F to Fassbender Declaration, # 8 Exhibit G to Fassbender Declaration (to be filed underseal), # 9 Exhibit H to Fassbender Declaration, # 10 Exhibit I to Fassbender Declaration, # 11 Exhibit J to Fassbender Declaration, # 12 Exhibit K to Fassbender Declaration, # 13 Exhibit L to Fassbender Declaration, # 14 Declaration of Laura B. Najemy)(Fassbender, Diana) (Entered: 11/03/2021) (0) |
| Oct 25, 2021 | 194 | PAPERLESS ORDER granting 193 Motion to Seal inadvertently filed documents 185 for good cause shown. Signed by Magistrate Judge Edwin G. Torres on 10/25/2021. (elk) (Entered: 10/25/2021) (0) |
| Oct 25, 2021 | 195 | NOTICE by Carnival Corporation, Carnival Corporation OF THE PATENT TRIAL AND APPEAL BOARDS DENIAL OF DECURTIS PETITIONS FOR INTER PARTES REVIEW OF CARNIVALS PATENTS (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Espinosa, Jorge) (Entered: 10/25/2021) (0) |
| Oct 22, 2021 | 191 | Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Johannes Hsu, Esq,. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See 188 Motion to Appear Pro Hac Vice, by Carnival Corporation, Carnival Corporation. Responses due by 11/5/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Espinosa, Jorge) (Entered: 10/22/2021) (0) |
| Oct 22, 2021 | 192 | Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David R. Medina, Esq.. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See 189 Motion to Appear Pro Hac Vice, by Carnival Corporation, Carnival Corporation. Responses due by 11/5/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Espinosa, Jorge) (Entered: 10/22/2021) (0) |
| Oct 22, 2021 | 193 | MOTION to Seal (Motion for Leave to Seal Its Motion to Compel Discovery and to Modify the Scheduling Order) per Local Rule 5.4 by DeCurtis LLC. (Stearns, Jason) (Entered: 10/22/2021) (4) |
| Oct 21, 2021 | 190 | PAPERLESS ORDER denying 188 189 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing of Attorney Johannes Hsu representing Carnival Corporation (Defendant) and Carnival Corporation (Consol Plaintiff) and Carnival Corporation (Counter Defendant); ; Attorney David R. Medina representing Carnival Corporation (Defendant) and Carnival Corporation (Consol Plaintiff); and Carnival Corporation (Counter Defendant).The motions are Denied as procedurally defective under the Court's pro hac admission Rules. The pro hac attorneys did not include the required language in their Certifications that they have not filed three or more motions for pro hac vice admission in this District within the last 365 days. New application packets may be filed if the required certification may be made. Signed by Magistrate Judge Edwin G. Torres on 10/21/2021. (EGT) (Entered: 10/21/2021) (0) |
| Oct 20, 2021 | 184 | Plaintiff's MOTION to Seal Portions of its Motion to Compel Discovery and to Modify Scheduling Order per Local Rule 5.4 by DeCurtis LLC. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Seal) (Stearns, Jason) Modified by Unsealing Document on 11/22/2021 (nc). (Entered: 10/20/2021) (0) |
| Oct 20, 2021 | 186 | NOTICE of Striking DeCurtis LLC's Filing of DKT-185, Motion to Compel, etc. by DeCurtis LLC (Stearns, Jason) (Entered: 10/20/2021) (2) |
| Oct 20, 2021 | 187 | Plaintiff's MOTION to Compel Discovery and Modify the Scheduling Order [REDACTED VERSION] by DeCurtis LLC. Responses due by 11/3/2021 (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Compel Discovery and to Modify Scheduling Order, # 2 Certification Declaration of James Judah in Support of DeCurtis Motion to Compel, # 3 Exhibit A: 01.07.2021 Hearing Transcript, # 4 Exhibit B: 04.09.2021 Hearing Transcript, # 5 Exhibit C: Statistics, # 6 Exhibit D: 08.19.21 Transcript of Proceedings, # 7 Exhibit E: [Placeholder] Email Correspondence - Judah and Fassbender, # 8 Exhibit F: [Placeholder] Shea Transcript, # 9 Exhibit G: [Placeholder] 09.09.21 Judah Letter, # 10 Exhibit H: 09.15.21 Routh Letter, # 11 Exhibit I:[Placeholder] 09.15.21 Meet and Confer, # 12 Exhibit J: [Placeholder] Najemy Letter, # 13 Exhibit K: [Placeholder] Carnival Litigation Document Retention and Hold Recipients, # 14 Exhibit L: [Placeholder] De_Curtis00242858, # 15 Exhibit M: [Placeholder] De_Curtis00364029, # 16 Exhibit N: [Placeholder] De_Curtis00241867, # 17 Exhibit O:[Placeholder] De_Curtis00242071, # 18 Exhibit P: [Placeholder] Stipulated Protocol for Forensic Examination, # 19 Exhibit Q: [Placeholder] Carnival Verified Response to Interrogatory No. 4, # 20 Exhibit R: [Placeholder] First Amended Non-Infringement Unenforceability and Invalidity Contentions, # 21 Exhibit S: [Placeholder] 10.11.21 Letter from S. Shakespeare Jr. - KLDiscovery)(Stearns, Jason) (Entered: 10/20/2021) (0) |
| Oct 20, 2021 | 188 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Johannes Hsu, Esq,. Filing Fee $ 200.00 Receipt # AFLSDC-15109274 by Carnival Corporation, Carnival Corporation. Responses due by 11/3/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Espinosa, Jorge) (Entered: 10/20/2021) (0) |
| Oct 20, 2021 | 189 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David R. Medina, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-15109444 by Carnival Corporation, Carnival Corporation. Responses due by 11/3/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Espinosa, Jorge) (Entered: 10/20/2021) (0) |
| Oct 1, 2021 | 183 | Statement of: P.R. 4-3 JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT by Carnival Corporation (Attachments: # 1 Attachment 1)(Fassbender, Diana) (Entered: 10/01/2021) (0) |
| Sep 15, 2021 | 182 | PAPERLESS ORDER granting 180 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Laura B. Najemy; granting 181 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Sheryl K. Garko. The Court finds that the applications satisfy the requirements of S.D. Fla. Local Atty. R. 4. Therefore, the Clerk is directed to add the above mentioned attorneys as counsel of record for Carnival and allow counsel to be noticed electronically on CM/ECF. Signed by Magistrate Judge Edwin G. Torres on 9/15/2021. (js02) (Entered: 09/15/2021) (0) |
| Sep 14, 2021 | 180 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Laura B. Najemy, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-15009825 by Carnival Corporation, Carnival Corporation. Responses due by 9/28/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Espinosa, Jorge) (Entered: 09/14/2021) (0) |
| Sep 14, 2021 | 181 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sheryl K. Garko, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-15009889 by Carnival Corporation, Carnival Corporation. Responses due by 9/28/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Espinosa, Jorge) (Entered: 09/14/2021) (0) |
| Aug 24, 2021 | 179 | TRANSCRIPT of telephonic discovery hearing held on 8-19-2021 before Magistrate Judge Edwin G. Torres, 1-47 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/14/2021. Redacted Transcript Deadline set for 9/24/2021. Release of Transcript Restriction set for 11/22/2021. (Savino, Dawn) (Entered: 08/24/2021) (47) |
| Aug 19, 2021 | 178 | PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Discovery Hearing held on 8/19/2021. Attorney Appearance(s): Jason Paul Stearns, James D. Judah, Andrew C. Nordahl, Jeffery Cross Diana Marie Fassbender, Jorge Tadeo Espinosa, Robert L. Uriarte, David Medina. (Digital EGT-01/08-19-2021-AT&TConfrence) Total time in court: 1 hour(s) : 15 minutes. (mdc) (Entered: 08/19/2021) (0) |
| Aug 18, 2021 | 177 | ORDER granting in part and denying in part 166 Carnival's Motion to Modify the Scheduling Order; granting in part and denying in part 167 DeCurtis's Motion to Modify the Scheduling Order. Signed by Magistrate Judge Edwin G. Torres on 8/18/2021. See attached document for full details. (js02) (Entered: 08/18/2021) (11) |
| Aug 6, 2021 | 175 | PAPERLESS NOTICE of Telephonic Discovery Hearing: A Telephonic Discovery Hearing is set for 8/19/2021 at 10:30 AM in Miami Division before Magistrate Judge Edwin G. Torres. At the scheduled time, counsel for all parties shall call the following toll-free number: 1-888-684-8852 (access code 5264742#) (security code 1231#). Parties appearing at the telephonic hearing must be on a landline to facilitate communication. Any counsel appearing at the hearing that is not arguing may appear by cellular phone or other means so long as the device may be muted. (js02) (Entered: 08/06/2021) (0) |
| Aug 6, 2021 | 176 | NOTICE of Compliance With Paragraph 3(c) of Order Setting Discovery Procedures by DeCurtis LLC re 49 Order (Stearns, Jason) (Entered: 08/06/2021) (3) |
| Jul 29, 2021 | 172 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John "Jay" Jurata Jr., Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-14885358 by Carnival Corporation, Carnival Corporation. Responses due by 8/12/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Espinosa, Jorge) (Entered: 07/29/2021) (0) |
| Jul 29, 2021 | 173 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Emily Luken, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-14885424 by Carnival Corporation, Carnival Corporation. Responses due by 8/12/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Espinosa, Jorge) (Entered: 07/29/2021) (0) |
| Jul 29, 2021 | 174 | PAPERLESS ORDER granting 172 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney John "Jay" Jurata Jr., Esq.; granting 173 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Emily Luken, Esq. The Court finds that the applications satisfy the requirements of S.D. Fla. Local Atty. R. 4. Therefore, the Clerk is directed to add the above mentioned attorneys as counsel of record for Carnival and allow counsel to be noticed electronically on CM/ECF. Signed by Magistrate Judge Edwin G. Torres on 7/29/2021. (js02) (Entered: 07/29/2021) (0) |
| Jul 28, 2021 | 171 | REPLY to Response to Motion re 167 Plaintiff's MOTION to Amend/Correct 73 Scheduling Order,,, Order Referring Case to Mediation,, filed by DeCurtis LLC. (Stearns, Jason) (Entered: 07/28/2021) (6) |
| Jul 23, 2021 | 170 | RESPONSE in Opposition re 166 MOTION for Extension of Time Motion to Modify Case Schedule filed by DeCurtis LLC. Replies due by 7/30/2021. (Stearns, Jason) (Entered: 07/23/2021) (9) |
| Jul 21, 2021 | 168 | RESPONSE in Opposition re 167 Plaintiff's MOTION to Amend/Correct 73 Scheduling Order,,, Order Referring Case to Mediation,, filed by Carnival Corporation. Replies due by 7/28/2021. (Fassbender, Diana) (Entered: 07/21/2021) (5) |
| Jul 21, 2021 | 169 | NOTICE by Carnival Corporation, Carnival Corporation, DeCurtis Corporation, DeCurtis LLC re 135 Notice (Other), 73 Scheduling Order,,, Order Referring Case to Mediation,, of Filing Revised Joint Proposed Order Scheduling Mediation. Attorney Jorge Tadeo Espinosa added to party DeCurtis Corporation(pty:condft), Attorney Jorge Tadeo Espinosa added to party DeCurtis LLC(pty:condft), Attorney Jorge Tadeo Espinosa added to party DeCurtis LLC(pty:cc). (Attachments: # 1 Text of Proposed Order Proposed Order Scheduling Mediation) (Espinosa, Jorge) (Entered: 07/21/2021) (0) |
| Jul 12, 2021 | 167 | Plaintiff's MOTION to Amend/Correct 73 Scheduling Order,,, Order Referring Case to Mediation,, by DeCurtis LLC. Responses due by 7/26/2021 (Attachments: # 1 Text of Proposed Order Proposed Order to Amend Scheduling Orer)(Stearns, Jason) (Entered: 07/12/2021) (0) |
| Jul 9, 2021 | 166 | MOTION for Extension of Time Motion to Modify Case Schedule by Carnival Corporation. Responses due by 7/23/2021 (Attachments: # 1 Text of Proposed Order)(Fassbender, Diana) (Entered: 07/09/2021) (0) |
| Jun 23, 2021 | 164 | Plaintiff's MOTION for Leave to File a Sur-Reply in Support of Opposition to Motion to Dismiss Counterclaim for Failure to State a Claim by DeCurtis LLC. (Attachments: # 1 Exhibit A: Proposed Sur-Reply)(Stearns, Jason) (Entered: 06/23/2021) (0) |
| Jun 23, 2021 | 165 | PAPERLESS ORDER denying 164 Motion for Leave to File Sur-Reply as no good cause has been persuasively shown necessitating further briefing. Signed by Magistrate Judge Edwin G. Torres on 6/23/2021. (EGT) (Entered: 06/23/2021) (0) |
| Jun 17, 2021 | 163 | ORDER granting in part and denying in part 146 148 Pending Motions to Compel. Signed by Magistrate Judge Edwin G. Torres on 6/17/2021. See attached document for full details. (js02) (Entered: 06/17/2021) (30) |
| Jun 14, 2021 | 162 | REPLY to Response to Motion re 160 MOTION TO DISMISS 155 Answer to Amended Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM Carnival's Rule 12(b) Motion to Dismiss and Rule 12(f) Motion to Strike DeCurtis's Unauthorized Counterclaims and Affirmative Defenses filed by Carnival Corporation. (Fassbender, Diana) (Entered: 06/14/2021) (12) |
| Jun 7, 2021 | 161 | RESPONSE in Opposition re 160 MOTION TO DISMISS 155 Answer to Amended Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM Carnival's Rule 12(b) Motion to Dismiss and Rule 12(f) Motion to Strike DeCurtis's Unauthorized Counterclaims and Affirmative Defenses filed by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Replies due by 6/14/2021. (Stearns, Jason) (Entered: 06/07/2021) (19) |
| May 24, 2021 | 160 | MOTION TO DISMISS 155 Answer to Amended Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM Carnival's Rule 12(b) Motion to Dismiss and Rule 12(f) Motion to Strike DeCurtis's Unauthorized Counterclaims and Affirmative Defenses by Carnival Corporation. Responses due by 6/7/2021 (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Fassbender, Diana) (Entered: 05/24/2021) (0) |
| May 4, 2021 | 157 | ORDER granting 145 Motion to Seal; granting 147 Motion to Seal. Signed by Magistrate Judge Edwin G. Torres on 5/4/2021. See attached document for full details. (js02) (Entered: 05/04/2021) (2) |
| May 3, 2021 | 155 | ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand , COUNTERCLAIM against Carnival Corporation by DeCurtis LLC. (Stearns, Jason) (Entered: 05/03/2021) (30) |
| May 3, 2021 | 156 | CARNIVAL CORPORATION'S ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand TO DECURTIS LLC'S FIRST AMENDED COMPLAINT by Carnival Corporation. (Fassbender, Diana) (Entered: 05/03/2021) (30) |
| Apr 30, 2021 | 153 | Responsive Brief to 146 Supplement, DeCurtis' Brief Regarding Outstanding Discovery Issues by Carnival Corporation. (Attachments: # 1 Declaration of T. Vann Pearce, Jr. in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(Fassbender, Diana) (Entered: 04/30/2021) (0) |
| Apr 30, 2021 | 154 | RESPONSE in Opposition re 148 MOTION to Compel Discovery Carnival's Motion to Compel Response to RFPs and Interrogatories and to Modify Case Schedule filed by DeCurtis Corporation, DeCurtis LLC. Replies due by 5/7/2021. (Attachments: # 1 Text of Proposed Order)(Stearns, Jason) (Entered: 04/30/2021) (0) |
| Apr 29, 2021 | 149 | Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James D. Judah. Filing Fee $ 200.00 Receipt # AFLSDC-14646296 by DeCurtis LLC. Responses due by 5/13/2021 (Attachments: # 1 Exhibit A - Certification of James D. Judah, # 2 Exhibit B - Proposed Order Granting Admission pro hac vice of James D. Judah)(Stearns, Jason) (Entered: 04/29/2021) (0) |
| Apr 29, 2021 | 150 | Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew C. Nordahl. Pay.gov Agency Tracking ID FLSDC-14647041. Filing Fee $ 200.00 by DeCurtis LLC. Responses due by 5/13/2021 (Attachments: # 1 Exhibit A: Certification of Andrew C. Nordhahl, # 2 Exhibit B: Proposed Order Granting Admission pro hac vice of Andrew C. Nordahl)(Stearns, Jason) (Entered: 04/29/2021) (0) |
| Apr 29, 2021 | 151 | PAPERLESS ORDER granting 149 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney James Judah. The Court finds that the application satisfies the requirements of S.D. Fla. Local Atty. R. 4. Therefore, the Clerk is directed to add James Judah, Esq. as counsel of record for DeCurtis and allow counsel to be noticed electronically on CM/ECF. Signed by Magistrate Judge Edwin G. Torres on 4/29/2021. (js02) (Entered: 04/29/2021) (0) |
| Apr 29, 2021 | 152 | PAPERLESS ORDER granting 150 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Andrew C. Nordahl. The Court finds that the application satisfies the requirements of S.D. Fla. Local Atty. R. 4. Therefore, the Clerk is directed to add Andrew C. Nordahl, Esq. as counsel of record for DeCurtis and allow counsel to be noticed electronically on CM/ECF. Signed by Magistrate Judge Edwin G. Torres on 4/29/2021. (js02) (Entered: 04/29/2021) (0) |
| Apr 23, 2021 | 145 | Unopposed MOTION to Seal Portions of DeCurtis's Brief re Discovery Issues per Local Rule 5.4 by DeCurtis LLC. (Stearns, Jason) (Entered: 04/23/2021) (3) |
| Apr 23, 2021 | 146 | SUPPLEMENT Brief re 4/9/21 Discovery Hearing by DeCurtis LLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Stearns, Jason) (Entered: 04/23/2021) (0) |
| Apr 23, 2021 | 147 | MOTION to Seal Exhibit M in Support of Carnival's Motion to Compel Discovery and Modify Case Schedule per Local Rule 5.4 by Carnival Corporation. (Attachments: # 1 Text of Proposed Order) (Fassbender, Diana) (Entered: 04/23/2021) (0) |
| Apr 23, 2021 | 148 | MOTION to Compel Discovery Carnival's Motion to Compel Response to RFPs and Interrogatories and to Modify Case Schedule by Carnival Corporation. Responses due by 5/7/2021 (Attachments: # 1 Text of Proposed Order, # 2 Affidavit in Support of Motion, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N)(Fassbender, Diana) (Entered: 04/23/2021) (0) |
| Apr 20, 2021 | 144 | ORDER ADOPTING REPORT AND RECOMMENDATIONS: 120 Report and Recommendations and DE 128 Report and Recommendations ; Granting in part and denying in part 94 Motion to Dismiss for Failure to State a Claim; Granting in part and denying in part 95 Motion to Dismiss for Failure to State a Claim. Signed by Judge Robert N. Scola, Jr on 4/19/2021. See attached document for full details. (lk) (Entered: 04/20/2021) (9) |
| Apr 13, 2021 | 143 | TRANSCRIPT of Telephonic Discovery Hearing held on 4/9/2021 before Magistrate Judge Edwin G. Torres, 1-45 pages, Court Reporter: Stephen Franklin, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/4/2021. Redacted Transcript Deadline set for 5/14/2021. Release of Transcript Restriction set for 7/12/2021. (apz) (Entered: 04/13/2021) (45) |
| Apr 9, 2021 | 142 | PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Discovery Hearing held on 4/9/2021. Attorney Appearance(s): Diana Marie Fassbender, Jorge Tadeo Espinosa, T. Vann Pearce, Robert L. Uriarte, Jason Paul Stearns, Jeffery M. Cross, Justin C. Griffin and James Judah. Total time in court: 1 hour(s) : 5 minutes. (Digital EGT-04-09-2021-AT&T Conference Call) (mdc) (Entered: 04/09/2021) (0) |
| Apr 1, 2021 | 141 | STIPULATION re 119 Order on Motion to Amend/Correct, Protective Order by DeCurtis Corporation, DeCurtis LLC (Attachments: # 1 Text of Proposed Order First Amended Protective Order)(Stearns, Jason) (Entered: 04/01/2021) (0) |
| Mar 22, 2021 | 140 | NOTICE of Compliance WITH PARAGRAPH 3(c) OF THE COURTS ORDER SETTING DISCOVERY PROCEDURES by Carnival Corporation, Carnival Corporation re 49 Order (Espinosa, Jorge) (Entered: 03/22/2021) (4) |
| Mar 18, 2021 | 138 | PAPERLESS NOTICE of Telephonic Discovery Hearing: A Telephonic Discovery Hearing is set for 4/9/2021 at 10:30 AM in Miami Division before Magistrate Judge Edwin G. Torres. At the scheduled time, counsel for all parties shall call the following toll-free number: 1-888-684-8852 (access code 5264742#) (security code 1231#). Parties appearing at the telephonic hearing must be on a landline to facilitate communication. Any counsel appearing at the hearing that is not arguing may appear by cellular phone or other means so long as the device may be muted. (js02) (Entered: 03/18/2021) (0) |
| Mar 18, 2021 | 139 | NOTICE of Compliance with Paragraph 3(c) of Order Setting Discovery Procedures by DeCurtis LLC re 49 Order (Stearns, Jason) (Entered: 03/18/2021) (3) |
| Mar 12, 2021 | 136 | STRICKEN by Clerk. Clerks Notice to Filer re 135 Notice (Other). Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures (jao) Clerks Notice sent in error, filer entered the document correctly no corrective action needed (jao). (Entered: 03/12/2021) (0) |
| Mar 12, 2021 | 137 | Clerks Notice of Docket Correction re 136 Clerks Notice of Docket Correction and Instruction to Filer - Attorney. Clerk's Notice sent in error, filer entered the document correctly no corrective action needed (jao) (Entered: 03/12/2021) (0) |
| Mar 11, 2021 | 135 | NOTICE by Carnival Corporation, Carnival Corporation re 73 Scheduling Order,,, Order Referring Case to Mediation,, Joint Proposed Order Scheduling Mediation (Attachments: # 1 Text of Proposed Order) (Espinosa, Jorge) (Entered: 03/11/2021) (0) |
| Mar 9, 2021 | 134 | RESPONSE TO OBJECTION to 128 Report and Recommendations To Decurtis Objections (D.E. 131) To Magistrate Judge Torres Report and Recommendations Recommending Dismissal in Part of Decurtis Claims (D.E. 128) by Carnival Corporation, Carnival Corporation. (Espinosa, Jorge) (Entered: 03/09/2021) (17) |
| Mar 2, 2021 | 132 | ORDER granting 126 Carnival's Motion to Seal. Signed by Magistrate Judge Edwin G. Torres on 3/2/2021. See attached document for full details. (js02) (Entered: 03/02/2021) (2) |
| Feb 23, 2021 | 131 | OBJECTIONS to 128 Report and Recommendations of Magistrate Judge Edwin G. Torres (dated 02.09.21) by DeCurtis LLC. (Stearns, Jason) (Entered: 02/23/2021) (12) |
| Feb 11, 2021 | 130 | STATUS REPORT [JOINT INTERIM STATUS REPORT] by Carnival Corporation, Carnival Corporation (Fassbender, Diana) (Entered: 02/11/2021) (9) |
| Feb 10, 2021 | 129 | ORDER granting 107 Carnival's Motion for Leave to Amend Infringement Contentions. Signed by Magistrate Judge Edwin G. Torres on 2/10/2021. See attached document for full details. (js02) (Entered: 02/10/2021) (13) |
| Feb 9, 2021 | 128 | REPORT AND RECOMMENDATION re 94 MOTION TO DISMISS 87 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Carnival Corporation. Recommending that Carnival's Motion to Dismiss be GRANTED in part and DENIED in part. Objections to R&R due by 2/23/2021. Signed by Magistrate Judge Edwin G. Torres on 2/9/2021. See attached document for full details. (js02) (Entered: 02/09/2021) (30) |
| Jan 29, 2021 | 127 | RESPONSE TO OBJECTION to 120 Report and Recommendations of Magistrate Judge re DeCurtis's Motion to Dismiss Carnival's Second Amended Complaint by DeCurtis LLC. (Stearns, Jason) (Entered: 01/29/2021) (11) |
| Jan 25, 2021 | 125 | Supplemental Brief in Response to Discovery Hearings re Trade Secrets Issue to 122 Discovery Hearing, 91 Supplement by Carnival Corporation. (Attachments: # 1 Affidavit of Robert L. Uriarte, # 2 Exhibit 1 (Joint Proposed Order re August 2020 Hearing), # 3 Exhibit 2 (DeCurtis RFP Response Excerpts), # 4 Exhibit 3 (Carnival Response to DeCurtis Trade Secrets Interrogatory No. 1) REDACTED, # 5 Exhibit 4 (DeCurtis SOW) REDACTED, # 6 Exhibit 5 (1/7/2021 Discovery Hearing Transcript Excerpts), # 7 Text of Proposed Order [Proposed] Order re Trade Secrets Discovery Issue)(Fassbender, Diana) (Entered: 01/25/2021) (0) |
| Jan 25, 2021 | 126 | MOTION to Seal Portions of Carnival's Supplemental Brief re Trade Secrets Discovery Issue per Local Rule 5.4 by Carnival Corporation. (Attachments: # 1 Text of Proposed Order Granting Motion to Seal) (Fassbender, Diana) (Entered: 01/25/2021) (0) |
| Jan 15, 2021 | 124 | OBJECTIONS to 120 Report and Recommendations by Carnival Corporation. (Fassbender, Diana) (Entered: 01/15/2021) (16) |
| Jan 11, 2021 | 123 | TRANSCRIPT of Telephonic Discovery Hearing (Transcribed from the Audio Recording) held on January 7, 2021, before Magistrate Judge Edwin G. Torres, 1-76 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/1/2021. Redacted Transcript Deadline set for 2/11/2021. Release of Transcript Restriction set for 4/12/2021. (le) (Entered: 01/11/2021) (76) |
| Jan 7, 2021 | 121 | PAPERLESS NOTICE of Telephonic Discovery Hearing: **TIME CHANGE ONLY** The Telephonic Discovery Hearing has been RESET for 1/7/2021 at 03:30 PM in Miami Division before Magistrate Judge Edwin G. Torres. The parties shall use the same telephonic instructions previously provided. (js02) (Entered: 01/07/2021) (0) |
| Jan 7, 2021 | 122 | PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Discovery Hearing held on 1/7/2021. Total time in court: 1 hour(s) : 28 minutes. Attorney Appearance(s): Jorge Tadeo Espinosa, T. Vann Pearce, Robert L. Uriarte, Jason Paul Stearns, Jeffery M. Cross, Justin C. Griffin, (Digital EGT-02: 1-7-2021- AT&T Conference) (mdc) (Entered: 01/07/2021) (0) |
| Jan 6, 2021 | 120 | REPORT AND RECOMMENDATION re 95 Defendant's MOTION TO DISMISS 88 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by DeCurtis Corporation, and DeCurtis LLC. Recommending that DeCurtis's Motion to Dismiss be GRANTED in part and DENIED in part. Objections to R&R due by 1/20/2021. Signed by Magistrate Judge Edwin G. Torres on 1/6/2021. See attached document for full details. (js02) (Entered: 01/06/2021) (40) |
| Jan 5, 2021 | 119 | ORDER granting 77 DeCurtis's Motion to Amend a Protective Order. The parties shall confer and submit a stipulated protective order that complies with the terms set forth in this order, including the provision that allows Carnival to seek leave of Court should DeCurtis initiate a post-grant proceeding. Signed by Magistrate Judge Edwin G. Torres on 1/5/2021. See attached document for full details. (js02) (Entered: 01/05/2021) (28) |
| Jan 4, 2021 | 118 | NOTICE of Compliance With Paragraph 3(c) of Order Setting Discovery Procedures by DeCurtis LLC re 49 Order (Stearns, Jason) (Entered: 01/04/2021) (3) |
| Dec 28, 2020 | 115 | ORDER granting 111 Motion to Seal; granting 113 Motion to Seal. Signed by Magistrate Judge Edwin G. Torres on 12/28/2020. See attached document for full details. (js02) (Entered: 12/28/2020) (2) |
| Dec 23, 2020 | 113 | Unopposed MOTION to Seal REPLY TO DECURTISS OPPOSITION TO CARNIVALS MOTION FOR LEAVE TO AMEND ITS INFRINGEMENT CONTENTIONS per Local Rule 5.4 by Carnival Corporation, Carnival Corporation. (Attachments: # 1 Text of Proposed Order) (Espinosa, Jorge) (Entered: 12/23/2020) (0) |
| Dec 23, 2020 | 114 | REPLY to 113 Unopposed MOTION to Seal REPLY TO DECURTISS OPPOSITION TO CARNIVALS MOTION FOR LEAVE TO AMEND ITS INFRINGEMENT CONTENTIONS per Local Rule 5.4, 107 MOTION to Amend/Correct Infringement Contentions by Carnival Corporation, Carnival Corporation. (Espinosa, Jorge) (Entered: 12/23/2020) (13) |
| Dec 16, 2020 | 111 | Unopposed MOTION to Seal DeCurtis's Response in Opposition to Carnival's Motion for Leave to Amend Infringement Contentions per Local Rule 5.4 by DeCurtis Corporation, DeCurtis LLC. (Stearns, Jason) (Entered: 12/16/2020) (4) |
| Dec 16, 2020 | 112 | RESPONSE in Opposition re 107 MOTION to Amend/Correct Infringement Contentions filed by DeCurtis Corporation, DeCurtis LLC. Replies due by 12/23/2020. (Stearns, Jason) (Entered: 12/16/2020) (16) |
| Dec 10, 2020 | 110 | PAPERLESS ORDER granting 101 Motion to Stay Certain Claim Construction Deadlines. Upon review of the record and good cause shown in the parties' joint motion, the claim construction deadlines related to 73 shall be rescheduled by separate order. The current deadlines are thus stayed. The amended claim construction deadlines will be entered upon disposition of the pending discovery disputes as well as Carnival's motion to amend its infringement contentions. Signed by Magistrate Judge Edwin G. Torres on 12/10/2020. (EGT) (Entered: 12/10/2020) (0) |
| Dec 9, 2020 | 109 | PAPERLESS NOTICE of Telephonic Discovery Hearing: A Telephonic Discovery Hearing is set for 1/7/2021 at 01:30 PM in Miami Division before Magistrate Judge Edwin G. Torres. At the scheduled time, counsel for all parties shall call the following toll-free number: 1-888-684-8852 (access code 5264742#) (security code 1231#). No cell phones may be used to dial into the telephonic discovery hearing. (js02) (Entered: 12/09/2020) (0) |
| Dec 2, 2020 | 107 | MOTION to Amend/Correct Infringement Contentions by Carnival Corporation, Carnival Corporation. Responses due by 12/16/2020 (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C., # 5 Exhibit D., # 6 Exhibit E.)(Espinosa, Jorge) (Entered: 12/02/2020) (0) |
| Dec 1, 2020 | 106 | ORDER granting 98 Carnival's Unopposed Motion for Leave to File Under Seal a Motion to Amend Infringement Contentions. Signed by Magistrate Judge Edwin G. Torres on 12/1/2020. See attached document for full details. (js02) (Entered: 12/01/2020) (2) |
| Nov 25, 2020 | 103 | REPLY to Response to Motion re 95 Defendant's MOTION TO DISMISS 88 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by DeCurtis Corporation, DeCurtis LLC. (Stearns, Jason) (Entered: 11/25/2020) (12) |
| Nov 25, 2020 | 104 | REPLY to Response to Motion re 95 Defendant's MOTION TO DISMISS 88 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM CORRECTED (REPLACE DKT 103) filed by DeCurtis Corporation, DeCurtis LLC. (Stearns, Jason) (Entered: 11/25/2020) (13) |
| Nov 25, 2020 | 105 | REPLY to Response to Motion re 95 Defendant's MOTION TO DISMISS 88 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Carnival Corporation, Carnival Corporation. (Fassbender, Diana) (Entered: 11/25/2020) (17) |
| Nov 20, 2020 | 102 | ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for All Pretrial Proceedings. Signed by Judge Robert N. Scola, Jr. on 11/20/2020. See attached document for full details. (ls) (Entered: 11/20/2020) (1) |
| Nov 19, 2020 | 101 | Joint MOTION to Stay re 73 Scheduling Order,,, Order Referring Case to Mediation,, Certain Claim Construction Deadlines by Carnival Corporation, Carnival Corporation. Responses due by 12/3/2020 (Attachments: # 1 Text of Proposed Order)(Espinosa, Jorge) (Entered: 11/19/2020) (0) |
| Nov 18, 2020 | 99 | RESPONSE to Motion re 94 MOTION TO DISMISS 87 Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM filed by DeCurtis LLC. Replies due by 11/25/2020. (Attachments: # 1 Exhibit 1 - 01.29.20 Letter to David DeCurtis, # 2 Exhibit 2 - 02.20.20 Letter to David DeCurtis)(Stearns, Jason) (Entered: 11/18/2020) (0) |
| Nov 18, 2020 | 100 | RESPONSE in Opposition re 95 Defendant's MOTION TO DISMISS 88 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Carnival Corporation. Replies due by 11/25/2020. (Fassbender, Diana) (Entered: 11/18/2020) (29) |
| Nov 13, 2020 | 98 | Agreed MOTION to Seal portions of its forthcoming motion for leave to amend its infringement contentions and exhibits thereto per Local Rule 5.4 by Carnival Corporation, Carnival Corporation. (Attachments: # 1 Text of Proposed Order) (Espinosa, Jorge) (Entered: 11/13/2020) (0) |
| Nov 9, 2020 | 97 | NOTICE by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC re 96 Notice (Other) -DeCurtis Response to Carnival Notice Regarding Patent Rule 3-4 - (Stearns, Jason) (Entered: 11/09/2020) (4) |
| Nov 5, 2020 | 96 | NOTICE by Carnival Corporation, Carnival Corporation re 90 Discovery Hearing, of Non-Compliance OF DECURTIS NON-COMPLIANCE WITH PATENT RULE 3-4 (Espinosa, Jorge) (Entered: 11/05/2020) (3) |
| Nov 4, 2020 | 94 | MOTION TO DISMISS 87 Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM by Carnival Corporation, Carnival Corporation. Responses due by 11/18/2020 (Attachments: # 1 Text of Proposed Order)(Espinosa, Jorge) (Entered: 11/04/2020) (0) |
| Nov 4, 2020 | 95 | Defendant's MOTION TO DISMISS 88 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 11/18/2020 (Attachments: # 1 Exhibit A - Under Seal, # 2 Exhibit B - 02.20.20 Letter, # 3 Exhibit C - 03.12.20 Letter, # 4 Exhibit D - 03.23.20 Email String, # 5 Exhibit E - US Patent Notification, # 6 Exhibit F - Remarks)(Stearns, Jason) (Entered: 11/04/2020) (0) |
| Oct 27, 2020 | 93 | TRANSCRIPT of Telephonic Discovery Hearing (Transcribed from the Audio Recording) held on October 22, 2020, before Magistrate Judge Edwin G. Torres, 1-56 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/25/2021. (le) (Entered: 10/27/2020) (56) |
| Oct 26, 2020 | 92 | SUPPLEMENT to 91 Supplement RESPONSE TO DECURTISS MOTION TO MODIFY THE DISTRICT COURTS SCHEDULING ORDER AND IMPROPER SUPPLEMENTAL BRIEF REGARDING DISCOVERY by Carnival Corporation, Carnival Corporation (Attachments: # 1 Exhibit 1 email)(Espinosa, Jorge) (Entered: 10/26/2020) (0) |
| Oct 23, 2020 | 91 | SUPPLEMENT to 90 Discovery Hearing, Brief Regarding Trade Secret Discovery by DeCurtis LLC (Stearns, Jason) (Entered: 10/23/2020) (5) |
| Oct 22, 2020 | 89 | PAPERLESS ORDER: The Court denies as moot both 23 Carnival Corporation's motion to dismiss and DeCurtis LLC's motion dismiss, which was filed at docket entry 30 in the 20-cv-21547 consolidated case. The parties' amended pleadings moot the motions to dismiss the prior pleadings. See Taylor v. Alabama, 275 F. App'x 836, 838 (11th Cir. 2008) (noting that when the plaintiffs amended their complaint the defendants' motion to dismiss became moot). Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 10/22/2020) (0) |
| Oct 22, 2020 | 90 | PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Discovery Hearing held on 10/22/2020. Attorney Appearance(s): Diana Marie Fassbender, Jorge Tadeo Espinosa, T. Vann Pearce, Robert L. Uriarte, Jason Paul Stearns, Jeffery M. Cross, Zachary A. Schenkkan, (Digital EGT-02-10-22-2020 AT&T Teleconference) (mdc) (Entered: 10/22/2020) (0) |
| Oct 21, 2020 | 86 | PAPERLESS ORDER: The Court grants 84 DeCurtis LLC and 85 Carnival Corporation's unopposed renewed motions for leave to amend their complaints in these consolidated cases. Consistent with Local Rule 15.1, both parties must separately refile their amended complaints by October 26, 2020. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 10/21/2020) (0) |
| Oct 21, 2020 | 87 | First AMENDED COMPLAINT For Damages and Injunctive Relief and Request for Jury Trial against Carnival Corporation filed in response to Order Granting Motion for Leave, filed by DeCurtis LLC. (Attachments: # 1 Exhibit A: US Patent 10,037,642, # 2 Exhibit B: US Patent 10, 045,184, # 3 Exhibit C: US Patent 10, 049,516, # 4 Exhibit D: US Patent 10,157,514, # 5 Exhibit E: US Patent 10,171, 978, # 6 Exhibit F: US Patent 10,304,271, # 7 Exhibit G: US Patent 10,499,228)(Stearns, Jason) (Entered: 10/21/2020) (0) |
| Oct 21, 2020 | 88 | Second AMENDED COMPLAINT against DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC filed in response to Order Granting Motion for Leave, filed by Carnival Corporation, Carnival Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Espinosa, Jorge) (Entered: 10/21/2020) (0) |
| Oct 20, 2020 | 85 | Unopposed MOTION to Amend/Correct Complaint by Carnival Corporation, Carnival Corporation. Responses due by 11/3/2020 (Attachments: # 1 Exhibit A Amended Complaint, # 2 Text of Proposed Order)(Espinosa, Jorge) (Entered: 10/20/2020) (0) |
| Oct 19, 2020 | 84 | Renewed MOTION for Leave to File Amended Complaint and Incorporated Memorandum of Law by DeCurtis LLC. (Attachments: # 1 Exhibit A)(Stearns, Jason) (Entered: 10/19/2020) (0) |
| Oct 16, 2020 | 83 | REPLY to Response to Motion re 77 Defendant's MOTION to Amend/Correct 44 Order, Order Referring Case to Magistrate Judge filed by DeCurtis LLC. (Stearns, Jason) (Entered: 10/16/2020) (13) |
| Oct 14, 2020 | 82 | PAPERLESS ORDER: The Court denies, without prejudice, both 79 Plaintiff DeCurtis LLC's motion to amend its complaint and 81 Consolidated Plaintiff Carnival Corporation's motion to amend its complaint because neither motion contains a proper pre-filing-conference certification, as required by the Court's Local Rules. Local Rule 7.1(a)(3) requires an attorney filing a motion in a civil case to first confer with opposing counsel in a good-faith effort to resolve by agreement the issues raised in the motion. S.D. Fla. L.R. 7.1(a)(3). Here, DeCurtis informs that "[p]ending its review of the proposed amendment, Carnival will determine its position on whether or not it opposes this motion." Similarly, Carnival relays that "[c]ounsel for DeCurtis will take a position upon reviewing Carnivals motion." Both conferral statements defeat the purpose of the rule. "The purpose of the rule is to ensure judicial economy and prevent courts from considering issues the parties could agree on independently, and to ascertain whether the Court need wait for a response from the opposing party before deciding the motion." Aguilar v. United Floor Crew, Inc. , No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014) (Bloom, J.). The time to review the motions is during the conferral process. If the parties intend to refile their motions, they must confer once more and then, in each certificate of conferral let the Court know whether (1) all or some of the issues raised in each motion are unopposed; or (2) counsel conferred but could not agree on all or some of the issues raised in the motion. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 10/14/2020) (0) |
| Oct 13, 2020 | 81 | MOTION for Leave to File Second Amended Complaint by Carnival Corporation. (Attachments: # 1 Exhibit A - Second Amended Complaint)(Fassbender, Diana) (Entered: 10/13/2020) (0) |
| Oct 9, 2020 | 79 | Plaintiff's MOTION to Amend/Correct 1 Complaint, by DeCurtis LLC, DeCurtis LLC. Responses due by 10/23/2020 (Attachments: # 1 Exhibit A: First Amended Complaint)(Stearns, Jason) (Entered: 10/09/2020) (0) |
| Oct 9, 2020 | 80 | RESPONSE to Motion re 77 Defendant's MOTION to Amend/Correct 44 Order, Order Referring Case to Magistrate Judge filed by Carnival Corporation. Replies due by 10/16/2020. (Attachments: # 1 Declaration of T. Vann Pearce, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Fassbender, Diana) (Entered: 10/09/2020) (0) |
| Sep 28, 2020 | 78 | ORDER REFERRING 77 Defendant's MOTION to Amend/Correct 44 Order. Order Referring Case to Magistrate Judge filed by DeCurtis LLC. Motion referred to Judge Edwin G. Torres. Signed by Judge Robert N. Scola, Jr on 9/28/2020. See attached document for full details. (scn) (Entered: 09/28/2020) (1) |
| Sep 25, 2020 | 77 | Defendant's MOTION to Amend/Correct 44 Order, Order Referring Case to Magistrate Judge by DeCurtis LLC, DeCurtis LLC. Responses due by 10/9/2020 (Attachments: # 1 Exhibit 1: Declaration of Patrick Schmidt, # 2 Exhibit 1 to Dec: Draft Prot Order, # 3 Exhibit 2 to Dec: NDCA Model Prot Order, # 4 Exhibit 3 to Dec: Redline NDCA Model Prot Order, # 5 Exhibit 4 to Dec: Draft Prot Order, # 6 Exhibit 5 to Dec: Carnival/DeCurtis Email, # 7 Exhibit 6 to Dec:Draft Prot Order, # 8 Exhibit 7 to Dec: Draft Prot Order, # 9 Exhibit 8 to Dec:Amended Scola Prot Order, # 10 Exhibit 9 to Dec: Correspondence, # 11 Exhibit 10 to Dec: Carnival First RFP to DeCurtis, # 12 Exhibit 11 to Dec: Carnival Second RFP to DeCurtis, # 13 Exhibit 12 to Dec: Pearce Profile, # 14 Exhibit 13 to Dec: Orrick Atty Search Results, # 15 Exhibit 14 to Dec: US10499228, # 16 Exhibit 15 to Dec: U10304271, # 17 Exhibit 16 to Dec: 2020.03.11 Transmittal Letter, # 18 Exhibit 17 to Dec: US10045184, # 19 Exhibit 18 to Dec: US10049516, # 20 Exhibit 19 to Dec: US10171978, # 21 Exhibit 20 to Dec: USD835201, # 22 Exhibit 21 to Dec: US10037642, # 23 Exhibit 22 to Dec: Amended Scola Prot Order, # 24 Exhibit 23 to Dec: Redline of Amended Prot Order)(Stearns, Jason) (Entered: 09/25/2020) (0) |
| Sep 21, 2020 | 74 | PAPERLESS NOTICE of Telephonic Discovery Hearing: A Telephonic Discovery Hearing is set for 10/22/2020 at 01:30 PM in Miami Division before Magistrate Judge Edwin G. Torres. At the scheduled time, counsel for all parties shall call the following toll-free number: 1-888-684-8852 (access code 5264742#) (security code 1231#).(js02) (Entered: 09/21/2020) (0) |
| Sep 21, 2020 | 75 | NOTICE of Compliance with section 3(c) of DE 49 by Carnival Corporation, Carnival Corporation re 49 Order (Espinosa, Jorge) (Entered: 09/21/2020) (3) |
| Sep 21, 2020 | 76 | NOTICE of Compliance Regarding October 22, 2020 hearing on Carnival's Deficient Discovery Responses by DeCurtis Corporation, DeCurtis LLC re 74 Notice re Hearing, (Stearns, Jason) (Entered: 09/21/2020) (3) |
| Sep 14, 2020 | 73 | Scheduling Order and Order of Referral to Mediation: ( Jury Trial set for 1/18/2022 before Judge Robert N. Scola Jr.., Calendar Call set for 1/11/2022 09:00 AM in Miami Division before Judge Robert N. Scola Jr..), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 7/21/2021.) Signed by Judge Robert N. Scola, Jr on 9/14/2020. See attached document for full details. (yha) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 09/14/2020) (9) |
| Aug 27, 2020 | 71 | PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Discovery Hearing held on 8/27/2020. Total time in court: 1 hour(s) : 0 minutes. Attorney Appearance(s): Jorge Tadeo Espinosa, T. Vann Pearce, Robert L. Uriarte, Jason Paul Stearns, Justin C. Griffin, (Digital EGT-01-08-27-2020 AT&T Call) (mdc) (Entered: 08/27/2020) (0) |
| Aug 27, 2020 | 72 | SCHEDULING REPORT - Rule 26(f) by Carnival Corporation, Carnival Corporation (Espinosa, Jorge) (Entered: 08/27/2020) (11) |
| Aug 17, 2020 | 68 | PAPERLESS NOTICE of Telephonic Discovery Hearing: A Telephonic Discovery Hearing is set for 8/27/2020 at 11:30 AM in Miami Division before Magistrate Judge Edwin G. Torres. At the scheduled time, counsel for all parties shall call the following toll-free number: 1-888-684-8852 (access code 5264742#) (security code 1231#). (js02) (Entered: 08/17/2020) (0) |
| Aug 17, 2020 | 69 | NOTICE of Compliance with Paragraph 3(c) of Order Setting Discovery Procedures by DeCurtis LLC re 49 Order (Stearns, Jason) (Entered: 08/17/2020) (3) |
| Aug 17, 2020 | 70 | NOTICE of Compliance by Carnival Corporation, Carnival Corporation re 49 Order (Espinosa, Jorge) (Entered: 08/17/2020) (3) |
| Aug 14, 2020 | 67 | Plaintiff's Sur-Reply to 65 Reply to Response to Motion in Opposition to Defendant Carnival's Motion to Dismiss by DeCurtis LLC. (Stearns, Jason) (Entered: 08/14/2020) (7) |
| Aug 13, 2020 | 64 | Plaintiff's MOTION for Leave to File a Sur-Reply Brief In Opposition to Carnival Corporation's Motion to Dismiss Plaintiff's Complaint by DeCurtis LLC. (Attachments: # 1 Exhibit A - DeCurtis's Proposed Sur-Reply in Opposition to Carnival's Motion to Dismiss)(Stearns, Jason) (Entered: 08/13/2020) (0) |
| Aug 13, 2020 | 65 | REPLY to Response to Motion re 23 MOTION to Dismiss Complaint and Memorandum in Support if the Court does not Grant Carnival's Motion to Transfer filed by Carnival Corporation, Carnival Corporation. (Espinosa, Jorge) (Entered: 08/13/2020) (16) |
| Aug 13, 2020 | 66 | PAPERLESS ORDER: The Court grants 64 DeCurtis's motion for leave to file a sur-reply. To the extent the sur-reply addresses matters outside of Carnival's reply brief, those matters will be disregarded. Consistent with Local Rule 15.1, DeCurtis must separately refile its reply, on or before August 14, 2020. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 08/13/2020) (0) |
| Aug 12, 2020 | 63 | PAPERLESS ORDER: The Court grants 47 Carnival Corporation's motion for leave to file a reply to DeCurtis LLC's response to Carnival's motion to dismiss. DeCurtis initially filed its case in the Middle District of Florida. Unlike this district, that district's local rules do not permit a moving party to file a reply brief. Because, in transferring the case to this district, the Middle District determined DeCurtis should have filed its case in this district to begin with, the Court agrees Carnival should be permitted to file its reply. Consistent with Local Rule 15.1, Carnival must separately refile its reply, on or before August 14, 2020.In response to Carnival's motion for leave to file a reply, DeCurtis 60 asks for leave to file a sur-reply. The Court denies, without prejudice, DeCurtis's request because DeCurtis did not included a pre-filing-conference certification, as required by the Court's Local Rules. Local Rule 7.1(a)(3). Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 08/12/2020) (0) |
| Aug 3, 2020 | 62 | STATUS REPORT (Joint) by Carnival Corporation, Carnival Corporation (Jimenez, Robert) (Entered: 08/03/2020) (5) |
| Jul 31, 2020 | 60 | Plaintiff's RESPONSE IN OPPOSITION 47 MOTION for Leave to File a Sur-Reply Brief by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Attachments: # 1 Exhibit A - DeCurtis's Proposed Sur-Reply in Opposition to Carnival's Motion to Dismiss)(Stearns, Jason)Text, Link and Event Modified on 7/31/2020 (ail). (Entered: 07/31/2020) (0) |
| Jul 31, 2020 | 61 | PAPERLESS ORDER: The Court grants 52 , 53 , 54 , 55 , 56 , 57 , 58 , and 59 counsels' motions to appear pro hac vice. Attorneys David C. Gustman, Jeffery M. Cross, Jill C. Anderson, Jennifer L. Fitzgerald, Scott L. Watson, Justin C. Griffin, Patrick T. Schmidt, and Zachary A. Schenkkan are given permission to appear and participate in this matter on behalf of Plaintiff DeCurtis LLC. The Clerk is directed to provide these attorneys with notification of all electronic filings via the email addresses set forth in the motion. Signed by Judge Robert N. Scola, Jr. (kbe) (Entered: 07/31/2020) (0) |
| Jul 30, 2020 | 49 | ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 7/30/2020. See attached document for full details. (mdc) (Entered: 07/30/2020) (7) |
| Jul 30, 2020 | 50 | Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David C. Gustman; Jeffrey M. Cross; Jill C. Anderson; Jennifer L. Fitzgerald; Scott L. Watson, Justin C. Griffin, Patrick T. Schmidt; Zachary A. Schenkkan. Filing Fee $ 200.00 Receipt # AFLSDC-13268433 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: # 1 Exhibit Composite A - Attorney Certifications, # 2 Exhibit Proposed Order)(Stearns, Jason) (Entered: 07/30/2020) (0) |
| Jul 30, 2020 | 51 | NOTICE OF WITHDRAWAL OF MOTION by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC re 50 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David C. Gustman; Jeffrey M. Cross; Jill C. Anderson; Jennifer L. Fitzgerald; Scott L. Watson, Justin C. Gri filed by DeCurtis Corporation, DeCurtis LLC (Stearns, Jason) (Entered: 07/30/2020) (2) |
| Jul 30, 2020 | 52 | Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David C. Gustman. Pay.gov Agency Tracking ID FLSDC-13268433. Filing Fee $ 200.00 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: # 1 Exhibit A - Certification, # 2 Exhibit B - Proposed Order)(Stearns, Jason) (Entered: 07/30/2020) (0) |
| Jul 30, 2020 | 53 | Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey M. Cross. Filing Fee $ 200.00 Receipt # AFLSDC-13271102 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: # 1 Exhibit A - Certification, # 2 Exhibit B - Proposed Order)(Stearns, Jason) (Entered: 07/30/2020) (0) |
| Jul 30, 2020 | 54 | Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jill C. Anderson. Filing Fee $ 200.00 Receipt # AFLSDC-13271117 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: # 1 Exhibit A - Certification, # 2 Exhibit B - Proposed Order)(Stearns, Jason) (Entered: 07/30/2020) (0) |
| Jul 30, 2020 | 55 | Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jennifer L. Fitzgerald. Filing Fee $ 200.00 Receipt # AFLSDC-13271132 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: # 1 Exhibit A - Certification, # 2 Exhibit B - Proposed Order)(Stearns, Jason) (Entered: 07/30/2020) (0) |
| Jul 30, 2020 | 56 | Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Scott L. Watson. Filing Fee $ 200.00 Receipt # AFLSDC-13271142 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: # 1 Exhibit A - Certification, # 2 Exhibit B - Proposed Order)(Stearns, Jason) (Entered: 07/30/2020) (0) |
| Jul 30, 2020 | 57 | Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Justin C. Griffin. Filing Fee $ 200.00 Receipt # AFLSDC-13271156 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: # 1 Exhibit A - Certification, # 2 Exhibit B - Proposed Order)(Stearns, Jason) (Entered: 07/30/2020) (0) |
| Jul 30, 2020 | 58 | Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Patrick T. Schmidt. Filing Fee $ 200.00 Receipt # AFLSDC-13271170 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: # 1 Exhibit A - Certification, # 2 Exhibit B - Proposed Order)(Stearns, Jason) (Entered: 07/30/2020) (0) |
| Jul 30, 2020 | 59 | Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Zachary A. Schenkkan. Filing Fee $ 200.00 Receipt # AFLSDC-13271179 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: # 1 Exhibit A - Certification, # 2 Exhibit B - Proposed Order)(Stearns, Jason) (Entered: 07/30/2020) (0) |
| Jul 29, 2020 | 48 | Order Consolidating Related Cases; Carnival Corporation v. DeCurtis Corporation and DeCurtis LLC (Case No. 20-21547) is consolidated with the related, higher-numbered action, DeCurtis LLC v. Carnival Corporation (Case No. 20-22945). All future filings in both actions must be submitted under case number 20-22945 only; denying as moot 45 Motion to Consolidate Cases. Status Report due by 8/3/2020. Signed by Judge Robert N. Scola, Jr on 7/28/2020. See attached document for full details. (jao) Modified Judge signature date on 7/29/2020 (asl). (Entered: 07/29/2020) (2) |
| Jul 27, 2020 | 46 | RESPONSE to Motion re 45 Unopposed MOTION to Consolidate Cases and to Notice of Related Actions filed by DeCurtis LLC. Replies due by 8/3/2020. (Stearns, Jason) (Entered: 07/27/2020) (3) |
| Jul 27, 2020 | 47 | MOTION for Leave to File Reply Brief by Carnival Corporation. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit proposed reply)(Espinosa, Jorge) (Entered: 07/27/2020) (0) |
| Jul 24, 2020 | 45 | Unopposed MOTION to Consolidate Cases by Carnival Corporation. Responses due by 8/7/2020 (Attachments: # 1 Text of Proposed Order)(Espinosa, Jorge) (Entered: 07/24/2020) (0) |
| Jul 23, 2020 | 44 | Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge Signed by Judge Robert N. Scola, Jr on 7/23/2020. See attached document for full details. (yha) (Entered: 07/23/2020) (20) |
| Jul 17, 2020 | 43 | Bar Letter re: Admissions sent to attorney Scott L. Watson; Patrick T. Schmidt; Justin C. Griffin; Jill Anderson; Jennifer L. Fitzgerald; David C. Gustman; Jeffrey M. Cross, Steven J. Routh; T. Vann Pearce, Jr., mailing date July 17, 2020, (pt) (Entered: 07/17/2020) (3) |
| Jul 16, 2020 | 40 | Case transferred in from Florida Middle; Case Number 6:20-cv-00607. Electronic file including transfer order and docket sheet received. .(jua). (Entered: 07/16/2020) (0) |
| Jul 16, 2020 | 41 | Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jua) (Entered: 07/16/2020) (0) |
| Jul 16, 2020 | 42 | FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # 1 Complaint) (jua) (Entered: 07/16/2020) (0) |
| Jul 15, 2020 | 39 | ORDER granting 22 Motion to Transfer; denying 15 Motion to Enjoin Carnival from Prosecuting Second-Filed Lawsuit. The Clerk is directed to transfer the case to the United States District Court for the Southern District of Florida, and thereafter close the file. Signed by Judge Paul G. Byron on 7/15/2020. (JRR) Modified on 7/15/2020 (JRR). (Entered: 07/15/2020) (15) |
| Jul 8, 2020 | 38 | ENDORSED ORDER discharging 35 Order to show cause. Signed by Judge Paul G. Byron on 7/8/2020. (GNB) copies e-mailed (Entered: 07/08/2020) (0) |
| Jul 2, 2020 | 36 | CASE MANAGEMENT REPORT. (Stearns, Jason) (Entered: 07/02/2020) (15) |
| Jul 2, 2020 | 37 | RESPONSE TO ORDER TO SHOW CAUSE re 35 Order to show cause filed by DeCurtis LLC. (Stearns, Jason) (Entered: 07/02/2020) (4) |
| Jul 1, 2020 | 35 | ORDER TO SHOW CAUSE as to Plaintiff DeCurtis LLC. Plaintiff is hereby ORDERED TO SHOW CAUSE by a written response filed within fourteen (14) days from the date of this Order why this case should not be dismissed for lack of prosecution due to the non-filing of a Case Management Report within the time prescribed by the Court's Related Case Order and Track Two Notice. See footnotes 1 and 2 of Doc. 5. Failure to respond shall result in a dismissal of this action without further notice from the Court. Signed by Judge Paul G. Byron on 7/1/2020. (GNB) copies e-mailed (Entered: 07/01/2020) (1) |
| Jun 11, 2020 | 34 | ENDORSED ORDER granting 33 Motion to Appear Telephonically. Signed by Judge Paul G. Byron on 6/11/2020. (JRR) (Entered: 06/11/2020) (0) |
| Jun 10, 2020 | 33 | Joint MOTION for all to appear telephonically to Conduct Rule 26(f) Case Management Conference by All Plaintiffs. (Stearns, Jason) (Entered: 06/10/2020) (4) |
| May 29, 2020 | 32 | NOTICE Regarding Timeliness of Carnival's Opposition re 27 by Carnival Corporation (Fassbender, Diana) Modified on 6/1/2020 (MEJ). (Entered: 05/29/2020) (2) |
| May 18, 2020 | 30 | RESPONSE in Opposition re 23 MOTION to Dismiss Complaint and Memorandum in Support if the Court does not Grant Carnival's Motion to Transfer, 28 MOTION to File Excess Pages for Response to Carnival Corporation's Motion to Dismiss filed by DeCurtis LLC. (Attachments: # 1 Exhibit 1:01/29/2020 Letter from Carnival to DeCurtis, # 2 Exhibit 2: 02/20/2020 Letter from Carnival to DeCurtis)(Stearns, Jason) (Entered: 05/18/2020) (0) |
| May 18, 2020 | 31 | RESPONSE in Opposition re 22 MOTION to Change Venue / Transfer Case filed by DeCurtis LLC. (Attachments: # 1 Exhibit A)(Stearns, Jason) (Entered: 05/18/2020) (0) |
| May 15, 2020 | 29 | ENDORSED ORDER granting 28 Motion to File Excess Pages. Signed by Judge Paul G. Byron on 5/15/2020. (JRR) (Entered: 05/15/2020) (0) |
| May 13, 2020 | 28 | MOTION to File Excess Pages for Response to Carnival Corporation's Motion to Dismiss by DeCurtis LLC. (Stearns, Jason) (Entered: 05/13/2020) (3) |
| May 11, 2020 | 27 | RESPONSE in Opposition re 15 MOTION for Miscellaneous Relief, specifically TO ENJOIN CARNIVAL FROM PROSECUTING DUPLICATIVE, SECOND-FILED LAWSUIT filed by Carnival Corporation. (Attachments: # 1 Exhibit, # 2 Exhibit)(Downs, Mayanne) (Entered: 05/11/2020) (0) |
| May 7, 2020 | 26 | ORDER granting 24 Motion to Appear Pro Hac Vice. Steven J. Routh, Esq. and T. Vann Pearce, Jr., Esq. may specially appear in this case as counsel for Defendant with Maryanne Downs, Esq., serving as local counsel. Signed by Magistrate Judge Leslie R. Hoffman on 5/7/2020. (MKH) (Entered: 05/07/2020) (2) |
| May 6, 2020 | 24 | MOTION for Steven J. Routh and T. Vann Pearce, Jr. to appear pro hac vice by Carnival Corporation. (Attachments: # 1 Exhibit A)(Downs, Mayanne) Motions referred to Magistrate Judge Leslie R. Hoffman. (Entered: 05/06/2020) (0) |
| May 6, 2020 | 25 | CERTIFICATE of interested persons and corporate disclosure statement re 19 Interested persons order by Carnival Corporation. (Downs, Mayanne) (Entered: 05/06/2020) (3) |
| May 4, 2020 | 22 | MOTION to Change Venue / Transfer Case by Carnival Corporation. (Attachments: # 1 Affidavit, # 2 Appendix, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L)(Downs, Mayanne) (Entered: 05/04/2020) (0) |
| May 4, 2020 | 23 | MOTION to Dismiss Complaint and Memorandum in Support if the Court does not Grant Carnival's Motion to Transfer by Carnival Corporation. (Downs, Mayanne) Modified on 5/5/2020 (MEJ). (Entered: 05/04/2020) (25) |
| Apr 29, 2020 | N/A | Miscellaneous Document (0) Docket Text: ***PRO HAC VICE FEES paid by attorney's David Gustman, Jeffrey M. Cross, Jennifer L Fitzgerald, Jill Anderson, Justin C. Griffin, Patrick T. Schmidt and Scott L. Watson, appearing on behalf of DeCurtis LLC (Filing fee $1050.00 receipt number ORL090509.) Related document: [13] MOTION for David C. Gustman, Jeffery M. Cross, Jill C. Anderson, Jennifer L. Fitzgerald (Freeborn Peters LLP); Scott L. Watson, Justin C. Griffin, Patrick T. Schmidt (Quinn Emanuel Urquhart & Sullivan LLP) to appear pro hac vice on behalf of Plai. (ARJ) Modified on 4/30/2020 (MEJ). 22 Filed & Entered: 05/04/2020Terminated: 07/15/2020 Motion to Change Venue Docket Text: MOTION to Change Venue / Transfer Case by Carnival Corporation. (Attachments: # (1) Affidavit, # (2) Appendix, # (3) Exhibit A, # (4) Exhibit B, # (5) Exhibit C, # (6) Exhibit D, # (7) Exhibit E, # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H, # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K, # (14) Exhibit L)(Downs, Mayanne) 23 Filed & Entered: 05/04/2020Terminated: 07/16/2020 Motion to Dismiss Docket Text: MOTION to Dismiss Complaint and Memorandum in Support if the Court does not Grant Carnival's Motion to Transfer by Carnival Corporation. (Downs, Mayanne) Modified on 5/5/2020 (MEJ). 24 Filed & Entered: 05/06/2020Terminated: 05/07/2020 Motion to Appear Pro Hac Vice Docket Text: MOTION for Steven J. Routh and T. Vann Pearce, Jr. to appear pro hac vice by Carnival Corporation. (Attachments: # (1) Exhibit A)(Downs, Mayanne) Motions referred to Magistrate Judge Leslie R. Hoffman. 25 Filed & Entered: 05/06/2020 Certificate of Other Affiliates/Corporate Disclosure Statement Docket Text: CERTIFICATE of interested persons and corporate disclosure statement re [19] Interested persons order by Carnival Corporation. (Downs, Mayanne) 26 Filed & Entered: 05/07/2020 Order on Motion for Limited Admission Docket Text: ORDER granting [24] Motion to Appear Pro Hac Vice. Steven J. Routh, Esq. and T. Vann Pearce, Jr., Esq. may specially appear in this case as counsel for Defendant with Maryanne Downs, Esq., serving as local counsel. Signed by Magistrate Judge Leslie R. Hoffman on 5/7/2020. (MKH) Filed & Entered: 05/11/2020 Miscellaneous Document Docket Text: ***PRO HAC VICE FEES paid by attorney Steven J. Routh, appearing on behalf of Carnival Corporation (Filing fee $150 receipt number ORL090664.) Related document: [24] MOTION for Steven J. Routh and T. Vann Pearce, Jr. to appear pro hac vice . (KNC) Filed & Entered: 05/11/2020 Miscellaneous Document Docket Text: ***PRO HAC VICE FEES paid by attorney T. Vann Pearce, Jr., appearing on behalf of Carnival Corporation (Filing fee $150 receipt number ORL090665.) Related document: [24] MOTION for Steven J. Routh and T. Vann Pearce, Jr. to appear pro hac vice . (KNC) 27 Filed & Entered: 05/11/2020 Response in Opposition to Motion Docket Text: RESPONSE in Opposition re [15] MOTION for Miscellaneous Relief, specifically TO ENJOIN CARNIVAL FROM PROSECUTING DUPLICATIVE, SECOND-FILED LAWSUIT filed by Carnival Corporation. (Attachments: # (1) Exhibit, # (2) Exhibit)(Downs, Mayanne) 28 Filed & Entered: 05/13/2020Terminated: 05/15/2020 Motion for Leave to File Excess Pages Docket Text: MOTION to File Excess Pages for Response to Carnival Corporation's Motion to Dismiss by DeCurtis LLC. (Stearns, Jason) 29 Filed & Entered: 05/15/2020 Order on Motion for Leave to File Excess Pages Docket Text: ENDORSED ORDER granting [28] Motion to File Excess Pages. Signed by Judge Paul G. Byron on 5/15/2020. (JRR) 30 Filed & Entered: 05/18/2020 Response in Opposition to Motion Docket Text: RESPONSE in Opposition re [23] MOTION to Dismiss Complaint and Memorandum in Support if the Court does not Grant Carnival's Motion to Transfer, [28] MOTION to File Excess Pages for Response to Carnival Corporation's Motion to Dismiss filed by DeCurtis LLC. (Attachments: # (1) Exhibit 1:01/29/2020 Letter from Carnival to DeCurtis, # (2) Exhibit 2: 02/20/2020 Letter from Carnival to DeCurtis)(Stearns, Jason) 31 Filed & Entered: 05/18/2020 Response in Opposition to Motion Docket Text: RESPONSE in Opposition re [22] MOTION to Change Venue / Transfer Case filed by DeCurtis LLC. (Attachments: # (1) Exhibit A)(Stearns, Jason) 32 Filed & Entered: 05/29/2020 Notice (Other) Docket Text: NOTICE Regarding Timeliness of Carnival's Opposition re [27] by Carnival Corporation (Fassbender, Diana) Modified on 6/1/2020 (MEJ). 33 Filed & Entered: 06/10/2020Terminated: 06/11/2020 Motion for Leave to Appear Docket Text: Joint MOTION for all to appear telephonically to Conduct Rule 26(f) Case Management Conference by All Plaintiffs. (Stearns, Jason) 34 Filed & Entered: 06/11/2020 Order on Motion for Leave to Appear Docket Text: ENDORSED ORDER granting [33] Motion to Appear Telephonically. Signed by Judge Paul G. Byron on 6/11/2020. (JRR) 35 Filed & Entered: 07/01/2020 Order to Show Cause Docket Text: ORDER TO SHOW CAUSE as to Plaintiff DeCurtis LLC. Plaintiff is hereby ORDERED TO SHOW CAUSE by a written response filed within fourteen (14) days from the date of this Order why this case should not be dismissed for lack of prosecution due to the non-filing of a Case Management Report within the time prescribed by the Court's Related Case Order and Track Two Notice. See footnotes 1 and 2 of Doc. 5. Failure to respond shall result in a dismissal of this action without further notice from the Court. Signed by Judge Paul G. Byron on 7/1/2020. (GNB) copies e-mailed 36 Filed & Entered: 07/02/2020 Miscellaneous Document Docket Text: CASE MANAGEMENT REPORT. (Stearns, Jason) 37 Filed & Entered: 07/02/2020 Response to Order to Show Cause Docket Text: RESPONSE TO ORDER TO SHOW CAUSE re [35] Order to show cause filed by DeCurtis LLC. (Stearns, Jason) 38 Filed & Entered: 07/08/2020 Order Docket Text: ENDORSED ORDER discharging [35] Order to show cause. Signed by Judge Paul G. Byron on 7/8/2020. (GNB) copies e-mailed 39 Filed & Entered: 07/15/2020 Order on Motion for Miscellaneous Relief Docket Text: ORDER granting [22] Motion to Transfer; denying [15] Motion to Enjoin Carnival from Prosecuting Second-Filed Lawsuit. The Clerk is directed to transfer the case to the United States District Court for the Southern District of Florida, and thereafter close the file. Signed by Judge Paul G. Byron on 7/15/2020. (JRR) Modified on 7/15/2020 (JRR). 40 Filed & Entered: 07/16/2020 Case Transferred In - District Transfer Docket Text: Case transferred in from Florida Middle; Case Number 6:20-cv-00607. Electronic file including transfer order and docket sheet received. .(jua). 41 Filed & Entered: 07/16/2020 Clerk's Notice of Judge Assignment Docket Text: Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jua) 42 Filed & Entered: 07/16/2020 Form AO 120/121 Docket Text: FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # (1) Complaint) (jua) 43 Filed & Entered: 07/17/2020 Bar Letter Docket Text: Bar Letter re: Admissions sent to attorney Scott L. Watson; Patrick T. Schmidt; Justin C. Griffin; Jill Anderson; Jennifer L. Fitzgerald; David C. Gustman; Jeffrey M. Cross, Steven J. Routh; T. Vann Pearce, Jr., mailing date July 17, 2020, (pt) 44 Filed & Entered: 07/23/2020 Order Docket Text: Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge Signed by Judge Robert N. Scola, Jr on 7/23/2020. See attached document for full details. (yha) 45 Filed & Entered: 07/24/2020Terminated: 07/29/2020 Motion to Consolidate Cases Docket Text: Unopposed MOTION to Consolidate Cases by Carnival Corporation. Responses due by 8/7/2020 (Attachments: # (1) Text of Proposed Order)(Espinosa, Jorge) 46 Filed & Entered: 07/27/2020 Response to Motion Docket Text: RESPONSE to Motion re [45] Unopposed MOTION to Consolidate Cases and to Notice of Related Actions filed by DeCurtis LLC. Replies due by 8/3/2020. (Stearns, Jason) 47 Filed & Entered: 07/27/2020Terminated: 08/12/2020 Motion for Leave to File Docket Text: MOTION for Leave to File Reply Brief by Carnival Corporation. (Attachments: # (1) Text of Proposed Order, # (2) Exhibit proposed reply)(Espinosa, Jorge) 48 Filed & Entered: 07/29/2020 Order on Motion to Consolidate Cases Docket Text: Order Consolidating Related Cases; Carnival Corporation v. DeCurtis Corporation and DeCurtis LLC (Case No. 20-21547) is consolidated with the related, higher-numbered action, DeCurtis LLC v. Carnival Corporation (Case No. 20-22945). All future filings in both actions must be submitted under case number 20-22945 only; denying as moot [45] Motion to Consolidate Cases. Status Report due by 8/3/2020. Signed by Judge Robert N. Scola, Jr on 7/28/2020. See attached document for full details. (jao) Modified Judge signature date on 7/29/2020 (asl). 49 Filed & Entered: 07/30/2020 Order Docket Text: ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 7/30/2020. See attached document for full details. (mdc) 50 Filed & Entered: 07/30/2020Terminated: 07/30/2020 Motion to Appear Pro Hac Vice Docket Text: Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David C. Gustman; Jeffrey M. Cross; Jill C. Anderson; Jennifer L. Fitzgerald; Scott L. Watson, Justin C. Griffin, Patrick T. Schmidt; Zachary A. Schenkkan. Filing Fee $ 200.00 Receipt # AFLSDC-13268433 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: # (1) Exhibit Composite A - Attorney Certifications, # (2) Exhibit Proposed Order)(Stearns, Jason) 51 Filed & Entered: 07/30/2020 Notice of Withdrawal of Motion Docket Text: NOTICE OF WITHDRAWAL OF MOTION by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC re [50] Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David C. Gustman; Jeffrey M. Cross; Jill C. Anderson; Jennifer L. Fitzgerald; Scott L. Watson, Justin C. Gri filed by DeCurtis Corporation, DeCurtis LLC (Stearns, Jason) 52 Filed & Entered: 07/30/2020Terminated: 07/31/2020 Motion to Appear Pro Hac Vice Docket Text: Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David C. Gustman. Pay.gov Agency Tracking ID FLSDC-13268433. Filing Fee $ 200.00 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: # (1) Exhibit A - Certification, # (2) Exhibit B - Proposed Order)(Stearns, Jason) 53 Filed & Entered: 07/30/2020Terminated: 07/31/2020 Motion to Appear Pro Hac Vice Docket Text: Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey M. Cross. Filing Fee $ 200.00 Receipt # AFLSDC-13271102 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: # (1) Exhibit A - Certification, # (2) Exhibit B - Proposed Order)(Stearns, Jason) 54 Filed & Entered: 07/30/2020Terminated: 07/31/2020 Motion to Appear Pro Hac Vice Docket Text: Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jill C. Anderson. Filing Fee $ 200.00 Receipt # AFLSDC-13271117 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: # (1) Exhibit A - Certification, # (2) Exhibit B - Proposed Order)(Stearns, Jason) 55 Filed & Entered: 07/30/2020Terminated: 07/31/2020 Motion to Appear Pro Hac Vice Docket Text: Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jennifer L. Fitzgerald. Filing Fee $ 200.00 Receipt # AFLSDC-13271132 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: # (1) Exhibit A - Certification, # (2) Exhibit B - Proposed Order)(Stearns, Jason) 56 Filed & Entered: 07/30/2020Terminated: 07/31/2020 Motion to Appear Pro Hac Vice Docket Text: Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Scott L. Watson. Filing Fee $ 200.00 Receipt # AFLSDC-13271142 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: # (1) Exhibit A - Certification, # (2) Exhibit B - Proposed Order)(Stearns, Jason) 57 Filed & Entered: 07/30/2020Terminated: 07/31/2020 Motion to Appear Pro Hac Vice Docket Text: Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Justin C. Griffin. Filing Fee $ 200.00 Receipt # AFLSDC-13271156 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: # (1) Exhibit A - Certification, # (2) Exhibit B - Proposed Order)(Stearns, Jason) 58 Filed & Entered: 07/30/2020Terminated: 07/31/2020 Motion to Appear Pro Hac Vice Docket Text: Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Patrick T. Schmidt. Filing Fee $ 200.00 Receipt # AFLSDC-13271170 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: # (1) Exhibit A - Certification, # (2) Exhibit B - Proposed Order)(Stearns, Jason) 59 Filed & Entered: 07/30/2020Terminated: 07/31/2020 Motion to Appear Pro Hac Vice Docket Text: Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Zachary A. Schenkkan. Filing Fee $ 200.00 Receipt # AFLSDC-13271179 by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 8/13/2020 (Attachments: # (1) Exhibit A - Certification, # (2) Exhibit B - Proposed Order)(Stearns, Jason) 60 Filed & Entered: 07/31/2020Terminated: 07/31/2020 Motion for Leave to File Docket Text: Plaintiff's RESPONSE IN OPPOSITION [47] MOTION for Leave to File a Sur-Reply Brief by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. (Attachments: # (1) Exhibit A - DeCurtis's Proposed Sur-Reply in Opposition to Carnival's Motion to Dismiss)(Stearns, Jason)Text, Link and Event Modified on 7/31/2020 (ail). 61 Filed & Entered: 07/31/2020 Order on Motion to Appear Pro Hac Vice Docket Text: PAPERLESS ORDER: The Court grants [52], [53], [54], [55], [56], [57], [58], and [59] counsels' motions to appear pro hac vice. Attorneys David C. Gustman, Jeffery M. Cross, Jill C. Anderson, Jennifer L. Fitzgerald, Scott L. Watson, Justin C. Griffin, Patrick T. Schmidt, and Zachary A. Schenkkan are given permission to appear and participate in this matter on behalf of Plaintiff DeCurtis LLC. The Clerk is directed to provide these attorneys with notification of all electronic filings via the email addresses set forth in the motion. Signed by Judge Robert N. Scola, Jr. (kbe) 62 Filed & Entered: 08/03/2020 Status Report Docket Text: STATUS REPORT (Joint) by Carnival Corporation, Carnival Corporation (Jimenez, Robert) 63 Filed & Entered: 08/12/2020 Order on Motion for Leave to File Docket Text: PAPERLESS ORDER: The Court grants [47] Carnival Corporation's motion for leave to file a reply to DeCurtis LLC's response to Carnival's motion to dismiss. DeCurtis initially filed its case in the Middle District of Florida. Unlike this district, that district's local rules do not permit a moving party to file a reply brief. Because, in transferring the case to this district, the Middle District determined DeCurtis should have filed its case in this district to begin with, the Court agrees Carnival should be permitted to file its reply. Consistent with Local Rule 15.1, Carnival must separately refile its reply, on or before August 14, 2020.In response to Carnival's motion for leave to file a reply, DeCurtis [60] asks for leave to file a sur-reply. The Court denies, without prejudice, DeCurtis's request because DeCurtis did not included a pre-filing-conference certification, as required by the Court's Local Rules. Local Rule 7.1(a)(3). Signed by Judge Robert N. Scola, Jr. (kbe) 64 Filed & Entered: 08/13/2020Terminated: 08/13/2020 Motion for Leave to File Docket Text: Plaintiff's MOTION for Leave to File a Sur-Reply Brief In Opposition to Carnival Corporation's Motion to Dismiss Plaintiff's Complaint by DeCurtis LLC. (Attachments: # (1) Exhibit A - DeCurtis's Proposed Sur-Reply in Opposition to Carnival's Motion to Dismiss)(Stearns, Jason) 65 Filed & Entered: 08/13/2020 Reply to Response to Motion Docket Text: REPLY to Response to Motion re [23] MOTION to Dismiss Complaint and Memorandum in Support if the Court does not Grant Carnival's Motion to Transfer filed by Carnival Corporation, Carnival Corporation. (Espinosa, Jorge) 66 Filed & Entered: 08/13/2020 Order on Motion for Leave to File Docket Text: PAPERLESS ORDER: The Court grants [64] DeCurtis's motion for leave to file a sur-reply. To the extent the sur-reply addresses matters outside of Carnival's reply brief, those matters will be disregarded. Consistent with Local Rule 15.1, DeCurtis must separately refile its reply, on or before August 14, 2020. Signed by Judge Robert N. Scola, Jr. (kbe) 67 Filed & Entered: 08/14/2020 Response/Reply (Other) Docket Text: Plaintiff's Sur-Reply to [65] Reply to Response to Motion in Opposition to Defendant Carnival's Motion to Dismiss by DeCurtis LLC. (Stearns, Jason) 68 Filed & Entered: 08/17/2020 Notice re Hearing Docket Text: PAPERLESS NOTICE of Telephonic Discovery Hearing: A Telephonic Discovery Hearing is set for 8/27/2020 at 11:30 AM in Miami Division before Magistrate Judge Edwin G. Torres. At the scheduled time, counsel for all parties shall call the following toll-free number: 1-888-684-8852 (access code 5264742#) (security code 1231#). (js02) 69 Filed & Entered: 08/17/2020 Notice of Compliance Docket Text: NOTICE of Compliance with Paragraph 3(c) of Order Setting Discovery Procedures by DeCurtis LLC re [49] Order (Stearns, Jason) 70 Filed & Entered: 08/17/2020 Notice of Compliance Docket Text: NOTICE of Compliance by Carnival Corporation, Carnival Corporation re [49] Order (Espinosa, Jorge) 71 Filed & Entered: 08/27/2020 Discovery Hearing Docket Text: PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Discovery Hearing held on 8/27/2020. Total time in court: 1 hour(s) : 0 minutes. Attorney Appearance(s): Jorge Tadeo Espinosa, T. Vann Pearce, Robert L. Uriarte, Jason Paul Stearns, Justin C. Griffin, (Digital EGT-01-08-27-2020 AT&T Call) (mdc) 72 Filed & Entered: 08/27/2020 SCHEDULING REPORT - Rule 26(f)/16.1 Docket Text: SCHEDULING REPORT - Rule 26(f) by Carnival Corporation, Carnival Corporation (Espinosa, Jorge) 73 Filed & Entered: 09/14/2020 Scheduling Order Docket Text: Scheduling Order and Order of Referral to Mediation: ( Jury Trial set for 1/18/2022 before Judge Robert N. Scola Jr.., Calendar Call set for 1/11/2022 09:00 AM in Miami Division before Judge Robert N. Scola Jr..), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 7/21/2021.) Signed by Judge Robert N. Scola, Jr on 9/14/2020. See attached document for full details. (yha) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. 74 Filed & Entered: 09/21/2020 Notice re Hearing Docket Text: PAPERLESS NOTICE of Telephonic Discovery Hearing: A Telephonic Discovery Hearing is set for 10/22/2020 at 01:30 PM in Miami Division before Magistrate Judge Edwin G. Torres. At the scheduled time, counsel for all parties shall call the following toll-free number: 1-888-684-8852 (access code 5264742#) (security code 1231#).(js02) 75 Filed & Entered: 09/21/2020 Notice of Compliance Docket Text: NOTICE of Compliance with section 3(c) of DE 49 by Carnival Corporation, Carnival Corporation re [49] Order (Espinosa, Jorge) 76 Filed & Entered: 09/21/2020 Notice of Compliance Docket Text: NOTICE of Compliance Regarding October 22, 2020 hearing on Carnival's Deficient Discovery Responses by DeCurtis Corporation, DeCurtis LLC re [74] Notice re Hearing, (Stearns, Jason) 77 Filed & Entered: 09/25/2020Terminated: 01/05/2021 Motion to Amend/Correct Docket Text: Defendant's MOTION to Amend/Correct [44] Order, Order Referring Case to Magistrate Judge by DeCurtis LLC, DeCurtis LLC. Responses due by 10/9/2020 (Attachments: # (1) Exhibit 1: Declaration of Patrick Schmidt, # (2) Exhibit 1 to Dec: Draft Prot Order, # (3) Exhibit 2 to Dec: NDCA Model Prot Order, # (4) Exhibit 3 to Dec: Redline NDCA Model Prot Order, # (5) Exhibit 4 to Dec: Draft Prot Order, # (6) Exhibit 5 to Dec: Carnival/DeCurtis Email, # (7) Exhibit 6 to Dec:Draft Prot Order, # (8) Exhibit 7 to Dec: Draft Prot Order, # (9) Exhibit 8 to Dec:Amended Scola Prot Order, # (10) Exhibit 9 to Dec: Correspondence, # (11) Exhibit 10 to Dec: Carnival First RFP to DeCurtis, # (12) Exhibit 11 to Dec: Carnival Second RFP to DeCurtis, # (13) Exhibit 12 to Dec: Pearce Profile, # (14) Exhibit 13 to Dec: Orrick Atty Search Results, # (15) Exhibit 14 to Dec: US10499228, # (16) Exhibit 15 to Dec: U10304271, # (17) Exhibit 16 to Dec: 2020.03.11 Transmittal Letter, # (18) Exhibit 17 to Dec: US10045184, # (19) Exhibit 18 to Dec: US10049516, # (20) Exhibit 19 to Dec: US10171978, # (21) Exhibit 20 to Dec: USD835201, # (22) Exhibit 21 to Dec: US10037642, # (23) Exhibit 22 to Dec: Amended Scola Prot Order, # (24) Exhibit 23 to Dec: Redline of Amended Prot Order)(Stearns, Jason) 78 Filed & Entered: 09/28/2020 Order Referring Motion Docket Text: ORDER REFERRING [77] Defendant's MOTION to Amend/Correct [44] Order. Order Referring Case to Magistrate Judge filed by DeCurtis LLC. Motion referred to Judge Edwin G. Torres. Signed by Judge Robert N. Scola, Jr on 9/28/2020. See attached document for full details. (scn) 79 Filed & Entered: 10/09/2020Terminated: 10/14/2020 Motion to Amend/Correct Docket Text: Plaintiff's MOTION to Amend/Correct [1] Complaint, by DeCurtis LLC, DeCurtis LLC. Responses due by 10/23/2020 (Attachments: # (1) Exhibit A: First Amended Complaint)(Stearns, Jason) 80 Filed & Entered: 10/09/2020 Response to Motion Docket Text: RESPONSE to Motion re [77] Defendant's MOTION to Amend/Correct [44] Order, Order Referring Case to Magistrate Judge filed by Carnival Corporation. Replies due by 10/16/2020. (Attachments: # (1) Declaration of T. Vann Pearce, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D)(Fassbender, Diana) 81 Filed & Entered: 10/13/2020Terminated: 10/14/2020 Motion for Leave to File Docket Text: MOTION for Leave to File Second Amended Complaint by Carnival Corporation. (Attachments: # (1) Exhibit A - Second Amended Complaint)(Fassbender, Diana) 82 Filed & Entered: 10/14/2020 Order on Motion to Amend/Correct Docket Text: PAPERLESS ORDER: The Court denies, without prejudice, both [79] Plaintiff DeCurtis LLC's motion to amend its complaint and [81] Consolidated Plaintiff Carnival Corporation's motion to amend its complaint because neither motion contains a proper pre-filing-conference certification, as required by the Court's Local Rules. Local Rule 7.1(a)(3) requires an attorney filing a motion in a civil case to first confer with opposing counsel in a good-faith effort to resolve by agreement the issues raised in the motion. S.D. Fla. L.R. 7.1(a)(3). Here, DeCurtis informs that "[p]ending its review of the proposed amendment, Carnival will determine its position on whether or not it opposes this motion." Similarly, Carnival relays that "[c]ounsel for DeCurtis will take a position upon reviewing Carnivals motion." Both conferral statements defeat the purpose of the rule. "The purpose of the rule is to ensure judicial economy and prevent courts from considering issues the parties could agree on independently, and to ascertain whether the Court need wait for a response from the opposing party before deciding the motion." Aguilar v. United Floor Crew, Inc. , No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014) (Bloom, J.). The time to review the motions is during the conferral process. If the parties intend to refile their motions, they must confer once more and then, in each certificate of conferral let the Court know whether (1) all or some of the issues raised in each motion are unopposed; or (2) counsel conferred but could not agree on all or some of the issues raised in the motion. Signed by Judge Robert N. Scola, Jr. (kbe) 83 Filed & Entered: 10/16/2020 Reply to Response to Motion Docket Text: REPLY to Response to Motion re [77] Defendant's MOTION to Amend/Correct [44] Order, Order Referring Case to Magistrate Judge filed by DeCurtis LLC. (Stearns, Jason) 84 Filed & Entered: 10/19/2020Terminated: 10/21/2020 Motion for Leave to File Docket Text: Renewed MOTION for Leave to File Amended Complaint and Incorporated Memorandum of Law by DeCurtis LLC. (Attachments: # (1) Exhibit A)(Stearns, Jason) 85 Filed & Entered: 10/20/2020Terminated: 10/21/2020 Motion to Amend/Correct Docket Text: Unopposed MOTION to Amend/Correct Complaint by Carnival Corporation, Carnival Corporation. Responses due by 11/3/2020 (Attachments: # (1) Exhibit A Amended Complaint, # (2) Text of Proposed Order)(Espinosa, Jorge) 86 Filed & Entered: 10/21/2020 Order on Motion for Leave to File Docket Text: PAPERLESS ORDER: The Court grants [84] DeCurtis LLC and [85] Carnival Corporation's unopposed renewed motions for leave to amend their complaints in these consolidated cases. Consistent with Local Rule 15.1, both parties must separately refile their amended complaints by October 26, 2020. Signed by Judge Robert N. Scola, Jr. (kbe) 87 Filed & Entered: 10/21/2020 Amended Complaint/Amended Notice of Removal Docket Text: First AMENDED COMPLAINT For Damages and Injunctive Relief and Request for Jury Trial against Carnival Corporation filed in response to Order Granting Motion for Leave, filed by DeCurtis LLC. (Attachments: # (1) Exhibit A: US Patent 10,037,642, # (2) Exhibit B: US Patent 10, 045,184, # (3) Exhibit C: US Patent 10, 049,516, # (4) Exhibit D: US Patent 10,157,514, # (5) Exhibit E: US Patent 10,171, 978, # (6) Exhibit F: US Patent 10,304,271, # (7) Exhibit G: US Patent 10,499,228)(Stearns, Jason) 88 Filed & Entered: 10/21/2020 Amended Complaint/Amended Notice of Removal Docket Text: Second AMENDED COMPLAINT against DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC filed in response to Order Granting Motion for Leave, filed by Carnival Corporation, Carnival Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Espinosa, Jorge) 89 Filed & Entered: 10/22/2020 Order Docket Text: PAPERLESS ORDER: The Court denies as moot both [23] Carnival Corporation's motion to dismiss and DeCurtis LLC's motion dismiss, which was filed at docket entry 30 in the 20-cv-21547 consolidated case. The parties' amended pleadings moot the motions to dismiss the prior pleadings. See Taylor v. Alabama, 275 F. App'x 836, 838 (11th Cir. 2008) (noting that when the plaintiffs amended their complaint the defendants' motion to dismiss became moot). Signed by Judge Robert N. Scola, Jr. (kbe) 90 Filed & Entered: 10/22/2020 Discovery Hearing Docket Text: PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Discovery Hearing held on 10/22/2020. Attorney Appearance(s): Diana Marie Fassbender, Jorge Tadeo Espinosa, T. Vann Pearce, Robert L. Uriarte, Jason Paul Stearns, Jeffery M. Cross, Zachary A. Schenkkan, (Digital EGT-02-10-22-2020 AT&T Teleconference) (mdc) 91 Filed & Entered: 10/23/2020 Supplement Docket Text: SUPPLEMENT to [90] Discovery Hearing, Brief Regarding Trade Secret Discovery by DeCurtis LLC (Stearns, Jason) 92 Filed & Entered: 10/26/2020 Supplement Docket Text: SUPPLEMENT to [91] Supplement RESPONSE TO DECURTISS MOTION TO MODIFY THE DISTRICT COURTS SCHEDULING ORDER AND IMPROPER SUPPLEMENTAL BRIEF REGARDING DISCOVERY by Carnival Corporation, Carnival Corporation (Attachments: # (1) Exhibit 1 email)(Espinosa, Jorge) 93 Filed & Entered: 10/27/2020 Transcript Docket Text: TRANSCRIPT of Telephonic Discovery Hearing (Transcribed from the Audio Recording) held on October 22, 2020, before Magistrate Judge Edwin G. Torres, 1-56 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/25/2021. (le) 94 Filed & Entered: 11/04/2020Terminated: 04/20/2021 Motion to Dismiss for Failure to State a Claim Docket Text: MOTION TO DISMISS [87] Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM by Carnival Corporation, Carnival Corporation. Responses due by 11/18/2020 (Attachments: # (1) Text of Proposed Order)(Espinosa, Jorge) 95 Filed & Entered: 11/04/2020Terminated: 04/20/2021 Motion to Dismiss for Failure to State a Claim Docket Text: Defendant's MOTION TO DISMISS [88] Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Responses due by 11/18/2020 (Attachments: # (1) Exhibit A - Under Seal, # (2) Exhibit B - 02.20.20 Letter, # (3) Exhibit C - 03.12.20 Letter, # (4) Exhibit D - 03.23.20 Email String, # (5) Exhibit E - US Patent Notification, # (6) Exhibit F - Remarks)(Stearns, Jason) 96 Filed & Entered: 11/05/2020 Notice (Other) Docket Text: NOTICE by Carnival Corporation, Carnival Corporation re [90] Discovery Hearing, of Non-Compliance OF DECURTIS NON-COMPLIANCE WITH PATENT RULE 3-4 (Espinosa, Jorge) 97 Filed & Entered: 11/09/2020 Notice (Other) Docket Text: NOTICE by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC re [96] Notice (Other) -DeCurtis Response to Carnival Notice Regarding Patent Rule 3-4 - (Stearns, Jason) 98 Filed & Entered: 11/13/2020Terminated: 12/01/2020 Motion to Seal (Attorney) Docket Text: Agreed MOTION to Seal portions of its forthcoming motion for leave to amend its infringement contentions and exhibits thereto per Local Rule 5.4 by Carnival Corporation, Carnival Corporation. (Attachments: # (1) Text of Proposed Order) (Espinosa, Jorge) 99 Filed & Entered: 11/18/2020 Response to Motion Docket Text: RESPONSE to Motion re [94] MOTION TO DISMISS [87] Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM filed by DeCurtis LLC. Replies due by 11/25/2020. (Attachments: # (1) Exhibit 1 - 01.29.20 Letter to David DeCurtis, # (2) Exhibit 2 - 02.20.20 Letter to David DeCurtis)(Stearns, Jason) 100 Filed & Entered: 11/18/2020 Response in Opposition to Motion Docket Text: RESPONSE in Opposition re [95] Defendant's MOTION TO DISMISS [88] Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Carnival Corporation. Replies due by 11/25/2020. (Fassbender, Diana) 101 Filed & Entered: 11/19/2020Terminated: 12/10/2020 Motion to Stay Docket Text: Joint MOTION to Stay re [73] Scheduling Order,,, Order Referring Case to Mediation,, Certain Claim Construction Deadlines by Carnival Corporation, Carnival Corporation. Responses due by 12/3/2020 (Attachments: # (1) Text of Proposed Order)(Espinosa, Jorge) 102 Filed & Entered: 11/20/2020 Order Referring Case to Magistrate Judge Docket Text: ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for All Pretrial Proceedings. Signed by Judge Robert N. Scola, Jr. on 11/20/2020. See attached document for full details. (ls) 103 Filed & Entered: 11/25/2020 Reply to Response to Motion Docket Text: REPLY to Response to Motion re [95] Defendant's MOTION TO DISMISS [88] Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by DeCurtis Corporation, DeCurtis LLC. (Stearns, Jason) 104 Filed & Entered: 11/25/2020 Reply to Response to Motion Docket Text: REPLY to Response to Motion re [95] Defendant's MOTION TO DISMISS [88] Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM CORRECTED (REPLACE DKT 103) filed by DeCurtis Corporation, DeCurtis LLC. (Stearns, Jason) 105 Filed & Entered: 11/25/2020 Reply to Response to Motion Docket Text: REPLY to Response to Motion re [95] Defendant's MOTION TO DISMISS [88] Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Carnival Corporation, Carnival Corporation. (Fassbender, Diana) 106 Filed & Entered: 12/01/2020 Order on Motion to Seal Docket Text: ORDER granting [98] Carnival's Unopposed Motion for Leave to File Under Seal a Motion to Amend Infringement Contentions. Signed by Magistrate Judge Edwin G. Torres on 12/1/2020. See attached document for full details. (js02) Filed & Entered: 12/02/2020 Description not available Docket Text: SYSTEM ENTRY - Docket Entry 108 [motion] restricted/sealed until further notice. (521836) 107 Filed & Entered: 12/02/2020Terminated: 02/10/2021 Motion to Amend/Correct Docket Text: MOTION to Amend/Correct Infringement Contentions by Carnival Corporation, Carnival Corporation. Responses due by 12/16/2020 (Attachments: # (1) Text of Proposed Order, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C., # (5) Exhibit D., # (6) Exhibit E.)(Espinosa, Jorge) 109 Filed & Entered: 12/09/2020 Notice re Hearing Docket Text: PAPERLESS NOTICE of Telephonic Discovery Hearing: A Telephonic Discovery Hearing is set for 1/7/2021 at 01:30 PM in Miami Division before Magistrate Judge Edwin G. Torres. At the scheduled time, counsel for all parties shall call the following toll-free number: 1-888-684-8852 (access code 5264742#) (security code 1231#). No cell phones may be used to dial into the telephonic discovery hearing. (js02) 110 Filed & Entered: 12/10/2020 Order on Motion to Stay Docket Text: PAPERLESS ORDER granting [101] Motion to Stay Certain Claim Construction Deadlines. Upon review of the record and good cause shown in the parties' joint motion, the claim construction deadlines related to [73] shall be rescheduled by separate order. The current deadlines are thus stayed. The amended claim construction deadlines will be entered upon disposition of the pending discovery disputes as well as Carnival's motion to amend its infringement contentions. Signed by Magistrate Judge Edwin G. Torres on 12/10/2020. (EGT) 111 Filed & Entered: 12/16/2020Terminated: 12/28/2020 Motion to Seal (Attorney) Docket Text: Unopposed MOTION to Seal DeCurtis's Response in Opposition to Carnival's Motion for Leave to Amend Infringement Contentions per Local Rule 5.4 by DeCurtis Corporation, DeCurtis LLC. (Stearns, Jason) 112 Filed & Entered: 12/16/2020 Response in Opposition to Motion Docket Text: RESPONSE in Opposition re [107] MOTION to Amend/Correct Infringement Contentions filed by DeCurtis Corporation, DeCurtis LLC. Replies due by 12/23/2020. (Stearns, Jason) 113 Filed & Entered: 12/23/2020Terminated: 12/28/2020 Motion to Seal (Attorney) Docket Text: Unopposed MOTION to Seal REPLY TO DECURTISS OPPOSITION TO CARNIVALS MOTION FOR LEAVE TO AMEND ITS INFRINGEMENT CONTENTIONS per Local Rule 5.4 by Carnival Corporation, Carnival Corporation. (Attachments: # (1) Text of Proposed Order) (Espinosa, Jorge) 114 Filed & Entered: 12/23/2020 Response/Reply (Other) Docket Text: REPLY to [113] Unopposed MOTION to Seal REPLY TO DECURTISS OPPOSITION TO CARNIVALS MOTION FOR LEAVE TO AMEND ITS INFRINGEMENT CONTENTIONS per Local Rule 5.4, [107] MOTION to Amend/Correct Infringement Contentions by Carnival Corporation, Carnival Corporation. (Espinosa, Jorge) Filed & Entered: 12/28/2020 Description not available Docket Text: SYSTEM ENTRY - Docket Entry 116 [misc] restricted/sealed until further notice. (521836) 115 Filed & Entered: 12/28/2020 Order on Motion to Seal Docket Text: ORDER granting [111] Motion to Seal; granting [113] Motion to Seal. Signed by Magistrate Judge Edwin G. Torres on 12/28/2020. See attached document for full details. (js02) Filed & Entered: 12/29/2020 Description not available Docket Text: SYSTEM ENTRY - Docket Entry 117 [misc] restricted/sealed until further notice. (1163542) 118 Filed & Entered: 01/04/2021 Notice of Compliance Docket Text: NOTICE of Compliance With Paragraph 3(c) of Order Setting Discovery Procedures by DeCurtis LLC re [49] Order (Stearns, Jason) 119 Filed & Entered: 01/05/2021 Order on Motion to Amend/Correct Docket Text: ORDER granting [77] DeCurtis's Motion to Amend a Protective Order. The parties shall confer and submit a stipulated protective order that complies with the terms set forth in this order, including the provision that allows Carnival to seek leave of Court should DeCurtis initiate a post-grant proceeding. Signed by Magistrate Judge Edwin G. Torres on 1/5/2021. See attached document for full details. (js02) 120 Filed & Entered: 01/06/2021Terminated: 04/20/2021 Report and Recommendations Docket Text: REPORT AND RECOMMENDATION re [95] Defendant's MOTION TO DISMISS [88] Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by DeCurtis Corporation, and DeCurtis LLC. Recommending that DeCurtis's Motion to Dismiss be GRANTED in part and DENIED in part. Objections to R&R due by 1/20/2021. Signed by Magistrate Judge Edwin G. Torres on 1/6/2021. See attached document for full details. (js02) 121 Filed & Entered: 01/07/2021 Notice re Hearing Docket Text: PAPERLESS NOTICE of Telephonic Discovery Hearing: **TIME CHANGE ONLY** The Telephonic Discovery Hearing has been RESET for 1/7/2021 at 03:30 PM in Miami Division before Magistrate Judge Edwin G. Torres. The parties shall use the same telephonic instructions previously provided. (js02) 122 Filed & Entered: 01/07/2021 Discovery Hearing Docket Text: PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Discovery Hearing held on 1/7/2021. Total time in court: 1 hour(s) : 28 minutes. Attorney Appearance(s): Jorge Tadeo Espinosa, T. Vann Pearce, Robert L. Uriarte, Jason Paul Stearns, Jeffery M. Cross, Justin C. Griffin, (Digital EGT-02: 1-7-2021- AT&T Conference) (mdc) 123 Filed & Entered: 01/11/2021 Transcript Docket Text: TRANSCRIPT of Telephonic Discovery Hearing (Transcribed from the Audio Recording) held on January 7, 2021, before Magistrate Judge Edwin G. Torres, 1-76 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/1/2021. Redacted Transcript Deadline set for 2/11/2021. Release of Transcript Restriction set for 4/12/2021. (le) 124 Filed & Entered: 01/15/2021 Objections to Report and Recommendations Docket Text: OBJECTIONS to [120] Report and Recommendations by Carnival Corporation. (Fassbender, Diana) 125 Filed & Entered: 01/25/2021 Response/Reply (Other) Docket Text: Supplemental Brief in Response to Discovery Hearings re Trade Secrets Issue to [122] Discovery Hearing, [91] Supplement by Carnival Corporation. (Attachments: # (1) Affidavit of Robert L. Uriarte, # (2) Exhibit 1 (Joint Proposed Order re August 2020 Hearing), # (3) Exhibit 2 (DeCurtis RFP Response Excerpts), # (4) Exhibit 3 (Carnival Response to DeCurtis Trade Secrets Interrogatory No. 1) REDACTED, # (5) Exhibit 4 (DeCurtis SOW) REDACTED, # (6) Exhibit 5 (1/7/2021 Discovery Hearing Transcript Excerpts), # (7) Text of Proposed Order [Proposed] Order re Trade Secrets Discovery Issue)(Fassbender, Diana) 126 Filed & Entered: 01/25/2021Terminated: 03/02/2021 Motion to Seal (Attorney) Docket Text: MOTION to Seal Portions of Carnival's Supplemental Brief re Trade Secrets Discovery Issue per Local Rule 5.4 by Carnival Corporation. (Attachments: # (1) Text of Proposed Order Granting Motion to Seal) (Fassbender, Diana) 127 Filed & Entered: 01/29/2021 Response to Objection to Report and Recommendations Docket Text: RESPONSE TO OBJECTION to [120] Report and Recommendations of Magistrate Judge re DeCurtis's Motion to Dismiss Carnival's Second Amended Complaint by DeCurtis LLC. (Stearns, Jason) 128 Filed & Entered: 02/09/2021Terminated: 01/05/2022 Report and Recommendations Docket Text: REPORT AND RECOMMENDATION re [94] MOTION TO DISMISS [87] Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Carnival Corporation. Recommending that Carnival's Motion to Dismiss be GRANTED in part and DENIED in part. Objections to R&R due by 2/23/2021. Signed by Magistrate Judge Edwin G. Torres on 2/9/2021. See attached document for full details. (js02) 129 Filed & Entered: 02/10/2021 Order on Motion to Amend/Correct Docket Text: ORDER granting [107] Carnival's Motion for Leave to Amend Infringement Contentions. Signed by Magistrate Judge Edwin G. Torres on 2/10/2021. See attached document for full details. (js02) 130 Filed & Entered: 02/11/2021 Status Report Docket Text: STATUS REPORT [JOINT INTERIM STATUS REPORT] by Carnival Corporation, Carnival Corporation (Fassbender, Diana) 131 Filed & Entered: 02/23/2021 Objections to Report and Recommendations Docket Text: OBJECTIONS to [128] Report and Recommendations of Magistrate Judge Edwin G. Torres (dated 02.09.21) by DeCurtis LLC. (Stearns, Jason) 132 Filed & Entered: 03/02/2021 Order on Motion to Seal Docket Text: ORDER granting [126] Carnival's Motion to Seal. Signed by Magistrate Judge Edwin G. Torres on 3/2/2021. See attached document for full details. (js02) Filed & Entered: 03/03/2021 Description not available Docket Text: SYSTEM ENTRY - Docket Entry 133 [misc] restricted/sealed until further notice. (521836) 134 Filed & Entered: 03/09/2021 Response to Objection to Report and Recommendations Docket Text: RESPONSE TO OBJECTION to [128] Report and Recommendations To Decurtis Objections (D.E. 131) To Magistrate Judge Torres Report and Recommendations Recommending Dismissal in Part of Decurtis Claims (D.E. 128) by Carnival Corporation, Carnival Corporation. (Espinosa, Jorge) 135 Filed & Entered: 03/11/2021 Notice (Other) Docket Text: NOTICE by Carnival Corporation, Carnival Corporation re [73] Scheduling Order,,, Order Referring Case to Mediation,, Joint Proposed Order Scheduling Mediation (Attachments: # (1) Text of Proposed Order) (Espinosa, Jorge) 136 Filed & Entered: 03/12/2021 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney Docket Text: STRICKEN by Clerk. Clerks Notice to Filer re [135] Notice (Other). Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures (jao) Clerks Notice sent in error, filer entered the document correctly no corrective action needed (jao). 137 Filed & Entered: 03/12/2021 Clerk's Notice of Docket Correction - Chambers and Clerks Docket Text: Clerks Notice of Docket Correction re [136] Clerks Notice of Docket Correction and Instruction to Filer - Attorney. Clerk's Notice sent in error, filer entered the document correctly no corrective action needed (jao) 138 Filed & Entered: 03/18/2021 Notice re Hearing Docket Text: PAPERLESS NOTICE of Telephonic Discovery Hearing: A Telephonic Discovery Hearing is set for 4/9/2021 at 10:30 AM in Miami Division before Magistrate Judge Edwin G. Torres. At the scheduled time, counsel for all parties shall call the following toll-free number: 1-888-684-8852 (access code 5264742#) (security code 1231#). Parties appearing at the telephonic hearing must be on a landline to facilitate communication. Any counsel appearing at the hearing that is not arguing may appear by cellular phone or other means so long as the device may be muted. (js02) 139 Filed & Entered: 03/18/2021 Notice of Compliance Docket Text: NOTICE of Compliance with Paragraph 3(c) of Order Setting Discovery Procedures by DeCurtis LLC re [49] Order (Stearns, Jason) 140 Filed & Entered: 03/22/2021 Notice of Compliance Docket Text: NOTICE of Compliance WITH PARAGRAPH 3(c) OF THE COURTS ORDER SETTING DISCOVERY PROCEDURES by Carnival Corporation, Carnival Corporation re [49] Order (Espinosa, Jorge) 141 Filed & Entered: 04/01/2021 Stipulation Docket Text: STIPULATION re [119] Order on Motion to Amend/Correct, Protective Order by DeCurtis Corporation, DeCurtis LLC (Attachments: # (1) Text of Proposed Order First Amended Protective Order)(Stearns, Jason) 142 Filed & Entered: 04/09/2021 Discovery Hearing Docket Text: PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Discovery Hearing held on 4/9/2021. Attorney Appearance(s): Diana Marie Fassbender, Jorge Tadeo Espinosa, T. Vann Pearce, Robert L. Uriarte, Jason Paul Stearns, Jeffery M. Cross, Justin C. Griffin and James Judah. Total time in court: 1 hour(s) : 5 minutes. (Digital EGT-04-09-2021-AT&T Conference Call) (mdc) 143 Filed & Entered: 04/13/2021 Transcript Docket Text: TRANSCRIPT of Telephonic Discovery Hearing held on 4/9/2021 before Magistrate Judge Edwin G. Torres, 1-45 pages, Court Reporter: Stephen Franklin, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/4/2021. Redacted Transcript Deadline set for 5/14/2021. Release of Transcript Restriction set for 7/12/2021. (apz) Filed: 04/19/2021 Entered: 04/20/2021 Set/Reset Deadlines Docket Text: Set/Reset Answer Due (May 3,2021) Deadline as per DE [144]: All Defendants. (lk) 144 Filed & Entered: 04/20/2021 Order Adopting Report and Recommendations Docket Text: ORDER ADOPTING REPORT AND RECOMMENDATIONS: [120] Report and Recommendations and DE [128]Report and Recommendations ; Granting in part and denying in part [94] Motion to Dismiss for Failure to State a Claim; Granting in part and denying in part [95] Motion to Dismiss for Failure to State a Claim. Signed by Judge Robert N. Scola, Jr on 4/19/2021. See attached document for full details. (lk) 145 Filed & Entered: 04/23/2021Terminated: 05/04/2021 Motion to Seal (Attorney) Docket Text: Unopposed MOTION to Seal Portions of DeCurtis's Brief re Discovery Issues per Local Rule 5.4 by DeCurtis LLC. (Stearns, Jason) 146 Filed & Entered: 04/23/2021 Supplement Docket Text: SUPPLEMENT Brief re 4/9/21 Discovery Hearing by DeCurtis LLC (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11)(Stearns, Jason) 147 Filed & Entered: 04/23/2021Terminated: 05/04/2021 Motion to Seal (Attorney) Docket Text: MOTION to Seal Exhibit M in Support of Carnival's Motion to Compel Discovery and Modify Case Schedule per Local Rule 5.4 by Carnival Corporation. (Attachments: # (1) Text of Proposed Order) (Fassbender, Diana) 148 Filed & Entered: 04/23/2021Terminated: 06/17/2021 Motion to Compel Docket Text: MOTION to Compel Discovery Carnival's Motion to Compel Response to RFPs and Interrogatories and to Modify Case Schedule by Carnival Corporation. Responses due by 5/7/2021 (Attachments: # (1) Text of Proposed Order, # (2) Affidavit in Support of Motion, # (3) Exhibit A, # (4) Exhibit B, # (5) Exhibit C, # (6) Exhibit D, # (7) Exhibit E, # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H, # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K, # (14) Exhibit L, # (15) Exhibit M, # (16) Exhibit N)(Fassbender, Diana) 149 Filed & Entered: 04/29/2021Terminated: 04/29/2021 Motion to Appear Pro Hac Vice Docket Text: Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James D. Judah. Filing Fee $ 200.00 Receipt # AFLSDC-14646296 by DeCurtis LLC. Responses due by 5/13/2021 (Attachments: # (1) Exhibit A - Certification of James D. Judah, # (2) Exhibit B - Proposed Order Granting Admission pro hac vice of James D. Judah)(Stearns, Jason) 150 Filed & Entered: 04/29/2021Terminated: 04/29/2021 Motion to Appear Pro Hac Vice Docket Text: Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew C. Nordahl. Pay.gov Agency Tracking ID FLSDC-14647041. Filing Fee $ 200.00 by DeCurtis LLC. Responses due by 5/13/2021 (Attachments: # (1) Exhibit A: Certification of Andrew C. Nordhahl, # (2) Exhibit B: Proposed Order Granting Admission pro hac vice of Andrew C. Nordahl)(Stearns, Jason) 151 Filed & Entered: 04/29/2021 Order on Motion to Appear Pro Hac Vice Docket Text: PAPERLESS ORDER granting [149] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney James Judah. The Court finds that the application satisfies the requirements of S.D. Fla. Local Atty. R. 4. Therefore, the Clerk is directed to add James Judah, Esq. as counsel of record for DeCurtis and allow counsel to be noticed electronically on CM/ECF. Signed by Magistrate Judge Edwin G. Torres on 4/29/2021. (js02) 152 Filed & Entered: 04/29/2021 Order on Motion to Appear Pro Hac Vice Docket Text: PAPERLESS ORDER granting [150] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Andrew C. Nordahl. The Court finds that the application satisfies the requirements of S.D. Fla. Local Atty. R. 4. Therefore, the Clerk is directed to add Andrew C. Nordahl, Esq. as counsel of record for DeCurtis and allow counsel to be noticed electronically on CM/ECF. Signed by Magistrate Judge Edwin G. Torres on 4/29/2021. (js02) 153 Filed & Entered: 04/30/2021 Response/Reply (Other) Docket Text: Responsive Brief to [146] Supplement, DeCurtis' Brief Regarding Outstanding Discovery Issues by Carnival Corporation. (Attachments: # (1) Declaration of T. Vann Pearce, Jr. in Support, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7)(Fassbender, Diana) 154 Filed & Entered: 04/30/2021 Response in Opposition to Motion Docket Text: RESPONSE in Opposition re [148] MOTION to Compel Discovery Carnival's Motion to Compel Response to RFPs and Interrogatories and to Modify Case Schedule filed by DeCurtis Corporation, DeCurtis LLC. Replies due by 5/7/2021. (Attachments: # (1) Text of Proposed Order)(Stearns, Jason) 155 Filed & Entered: 05/03/2021 Answer to Amended Complaint Docket Text: ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand , COUNTERCLAIM against Carnival Corporation by DeCurtis LLC. (Stearns, Jason) 156 Filed & Entered: 05/03/2021 Answer to Amended Complaint Docket Text: CARNIVAL CORPORATION'S ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand TO DECURTIS LLC'S FIRST AMENDED COMPLAINT by Carnival Corporation. (Fassbender, Diana) Filed & Entered: 05/04/2021 Description not available Docket Text: SYSTEM ENTRY - Docket Entry 158 [misc] restricted/sealed until further notice. (1163542) 157 Filed & Entered: 05/04/2021 Order on Motion to Seal Docket Text: ORDER granting [145] Motion to Seal; granting [147] Motion to Seal. Signed by Magistrate Judge Edwin G. Torres on 5/4/2021. See attached document for full details. (js02) Filed & Entered: 05/05/2021 Description not available Docket Text: SYSTEM ENTRY - Docket Entry 159 [misc] restricted/sealed until further notice. (1004509) 160 Filed & Entered: 05/24/2021Terminated: 03/04/2022 Motion to Dismiss for Failure to State a Claim Docket Text: MOTION TO DISMISS [155] Answer to Amended Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM Carnival's Rule 12(b) Motion to Dismiss and Rule 12(f) Motion to Strike DeCurtis's Unauthorized Counterclaims and Affirmative Defenses by Carnival Corporation. Responses due by 6/7/2021 (Attachments: # (1) Exhibit A, # (2) Text of Proposed Order)(Fassbender, Diana) 161 Filed & Entered: 06/07/2021 Response in Opposition to Motion Docket Text: RESPONSE in Opposition re [160] MOTION TO DISMISS [155] Answer to Amended Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM Carnival's Rule 12(b) Motion to Dismiss and Rule 12(f) Motion to Strike DeCurtis's Unauthorized Counterclaims and Affirmative Defenses filed by DeCurtis Corporation, DeCurtis LLC, DeCurtis LLC. Replies due by 6/14/2021. (Stearns, Jason) 162 Filed & Entered: 06/14/2021 Reply to Response to Motion Docket Text: REPLY to Response to Motion re [160] MOTION TO DISMISS [155] Answer to Amended Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM Carnival's Rule 12(b) Motion to Dismiss and Rule 12(f) Motion to Strike DeCurtis's Unauthorized Counterclaims and Affirmative Defenses filed by Carnival Corporation. (Fassbender, Diana) 163 Filed & Entered: 06/17/2021 Order on Motion to Compel Docket Text: ORDER granting in part and denying in part [146] [148] Pending Motions to Compel. Signed by Magistrate Judge Edwin G. Torres on 6/17/2021. See attached document for full details. (js02) 164 Filed & Entered: 06/23/2021Terminated: 06/23/2021 Motion for Leave to File Docket Text: Plaintiff's MOTION for Leave to File a Sur-Reply in Support of Opposition to Motion to Dismiss Counterclaim for Failure to State a Claim by DeCurtis LLC. (Attachments: # (1) Exhibit A: Proposed Sur-Reply)(Stearns, Jason) 165 Filed & Entered: 06/23/2021 Order on Motion for Leave to File Docket Text: PAPERLESS ORDER denying [164] Motion for Leave to File Sur-Reply as no good cause has been persuasively shown necessitating further briefing. Signed by Magistrate Judge Edwin G. Torres on 6/23/2021. (EGT) 166 Filed & Entered: 07/09/2021Terminated: 08/18/2021 Motion for Extension of Time Docket Text: MOTION for Extension of Time Motion to Modify Case Schedule by Carnival Corporation. Responses due by 7/23/2021 (Attachments: # (1) Text of Proposed Order)(Fassbender, Diana) 167 Filed & Entered: 07/12/2021Terminated: 08/18/2021 Motion to Amend/Correct Docket Text: Plaintiff's MOTION to Amend/Correct [73] Scheduling Order,,, Order Referring Case to Mediation,, by DeCurtis LLC. Responses due by 7/26/2021 (Attachments: # (1) Text of Proposed Order Proposed Order to Amend Scheduling Orer)(Stearns, Jason) 168 Filed & Entered: 07/21/2021 Response in Opposition to Motion Docket Text: RESPONSE in Opposition re [167] Plaintiff's MOTION to Amend/Correct [73] Scheduling Order,,, Order Referring Case to Mediation,, filed by Carnival Corporation. Replies due by 7/28/2021. (Fassbender, Diana) 169 Filed & Entered: 07/21/2021 Notice (Other) Docket Text: NOTICE by Carnival Corporation, Carnival Corporation, DeCurtis Corporation, DeCurtis LLC re [135] Notice (Other), [73] Scheduling Order,,, Order Referring Case to Mediation,, of Filing Revised Joint Proposed Order Scheduling Mediation. Attorney Jorge Tadeo Espinosa added to party DeCurtis Corporation(pty:condft), Attorney Jorge Tadeo Espinosa added to party DeCurtis LLC(pty:condft), Attorney Jorge Tadeo Espinosa added to party DeCurtis LLC(pty:cc). (Attachments: # (1) Text of Proposed Order Proposed Order Scheduling Mediation) (Espinosa, Jorge) 170 Filed & Entered: 07/23/2021 Response in Opposition to Motion Docket Text: RESPONSE in Opposition re [166] MOTION for Extension of Time Motion to Modify Case Schedule filed by DeCurtis LLC. Replies due by 7/30/2021. (Stearns, Jason) 171 Filed & Entered: 07/28/2021 Reply to Response to Motion Docket Text: REPLY to Response to Motion re [167] Plaintiff's MOTION to Amend/Correct [73] Scheduling Order,,, Order Referring Case to Mediation,, filed by DeCurtis LLC. (Stearns, Jason) 172 Filed & Entered: 07/29/2021Terminated: 07/29/2021 Motion to Appear Pro Hac Vice Docket Text: MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John "Jay" Jurata Jr., Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-14885358 by Carnival Corporation, Carnival Corporation. Responses due by 8/12/2021 (Attachments: # (1) Certification, # (2) Text of Proposed Order)(Espinosa, Jorge) 173 Filed & Entered: 07/29/2021Terminated: 07/29/2021 Motion to Appear Pro Hac Vice Docket Text: MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Emily Luken, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-14885424 by Carnival Corporation, Carnival Corporation. Responses due by 8/12/2021 (Attachments: # (1) Certification, # (2) Text of Proposed Order)(Espinosa, Jorge) 174 Filed & Entered: 07/29/2021 Order on Motion to Appear Pro Hac Vice Docket Text: PAPERLESS ORDER granting [172] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney John "Jay" Jurata Jr., Esq.; granting [173] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Emily Luken, Esq. The Court finds that the applications satisfy the requirements of S.D. Fla. Local Atty. R. 4. Therefore, the Clerk is directed to add the above mentioned attorneys as counsel of record for Carnival and allow counsel to be noticed electronically on CM/ECF. Signed by Magistrate Judge Edwin G. Torres on 7/29/2021. (js02) 175 Filed & Entered: 08/06/2021 Notice re Hearing Docket Text: PAPERLESS NOTICE of Telephonic Discovery Hearing: A Telephonic Discovery Hearing is set for 8/19/2021 at 10:30 AM in Miami Division before Magistrate Judge Edwin G. Torres. At the scheduled time, counsel for all parties shall call the following toll-free number: 1-888-684-8852 (access code 5264742#) (security code 1231#). Parties appearing at the telephonic hearing must be on a landline to facilitate communication. Any counsel appearing at the hearing that is not arguing may appear by cellular phone or other means so long as the device may be muted. (js02) 176 Filed & Entered: 08/06/2021 Notice of Compliance Docket Text: NOTICE of Compliance With Paragraph 3(c) of Order Setting Discovery Procedures by DeCurtis LLC re [49] Order (Stearns, Jason) 177 Filed & Entered: 08/18/2021 Order on Motion for Extension of Time Docket Text: ORDER granting in part and denying in part [166] Carnival's Motion to Modify the Scheduling Order; granting in part and denying in part [167] DeCurtis's Motion to Modify the Scheduling Order. Signed by Magistrate Judge Edwin G. Torres on 8/18/2021. See attached document for full details. (js02) 178 Filed & Entered: 08/19/2021 Discovery Hearing Docket Text: PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Discovery Hearing held on 8/19/2021. Attorney Appearance(s): Jason Paul Stearns, James D. Judah, Andrew C. Nordahl, Jeffery Cross Diana Marie Fassbender, Jorge Tadeo Espinosa, Robert L. Uriarte, David Medina. (Digital EGT-01/08-19-2021-AT&TConfrence) Total time in court: 1 hour(s) : 15 minutes. (mdc) 179 Filed & Entered: 08/24/2021 Transcript Docket Text: TRANSCRIPT of telephonic discovery hearing held on 8-19-2021 before Magistrate Judge Edwin G. Torres, 1-47 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/14/2021. Redacted Transcript Deadline set for 9/24/2021. Release of Transcript Restriction set for 11/22/2021. (Savino, Dawn) 180 Filed & Entered: 09/14/2021Terminated: 09/15/2021 Motion to Appear Pro Hac Vice Docket Text: MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Laura B. Najemy, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-15009825 by Carnival Corporation, Carnival Corporation. Responses due by 9/28/2021 (Attachments: # (1) Certification, # (2) Text of Proposed Order)(Espinosa, Jorge) 181 Filed & Entered: 09/14/2021Terminated: 09/15/2021 Motion to Appear Pro Hac Vice Docket Text: MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sheryl K. Garko, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-15009889 by Carnival Corporation, Carnival Corporation. Responses due by 9/28/2021 (Attachments: # (1) Certification, # (2) Text of Proposed Order)(Espinosa, Jorge) 182 Filed & Entered: 09/15/2021 Order on Motion to Appear Pro Hac Vice Docket Text: PAPERLESS ORDER granting [180] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Laura B. Najemy; granting [181] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Sheryl K. Garko. The Court finds that the applications satisfy the requirements of S.D. Fla. Local Atty. R. 4. Therefore, the Clerk is directed to add the above mentioned attorneys as counsel of record for Carnival and allow counsel to be noticed electronically on CM/ECF. Signed by Magistrate Judge Edwin G. Torres on 9/15/2021. (js02) 183 Filed & Entered: 10/01/2021 Statement Docket Text: Statement of: P.R. 4-3 JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT by Carnival Corporation (Attachments: # (1) Attachment 1)(Fassbender, Diana) Filed: 10/20/2021 Entered: 10/25/2021 Description not available Docket Text: SYSTEM ENTRY - Docket Entry 185 [motion] restricted/sealed until further notice. (mdc) 184 Filed & Entered: 10/20/2021Terminated: 11/22/2021 Motion to Seal (Attorney) Docket Text: Plaintiff's MOTION to Seal Portions of its Motion to Compel Discovery and to Modify Scheduling Order per Local Rule 5.4 by DeCurtis LLC. (Attachments: # (1) Text of Proposed Order Proposed Order Granting Motion to Seal) (Stearns, Jason) Modified by Unsealing Document on 11/22/2021 (nc). 186 Filed & Entered: 10/20/2021 Notice of Striking Docket Text: NOTICE of Striking DeCurtis LLC's Filing of DKT-185, Motion to Compel, etc. by DeCurtis LLC (Stearns, Jason) 187 Filed & Entered: 10/20/2021Terminated: 12/10/2021 Motion to Compel Docket Text: Plaintiff's MOTION to Compel Discovery and Modify the Scheduling Order [REDACTED VERSION] by DeCurtis LLC. Responses due by 11/3/2021 (Attachments: # (1) Text of Proposed Order Proposed Order Granting Motion to Compel Discovery and to Modify Scheduling Order, # (2) Certification Declaration of James Judah in Support of DeCurtis Motion to Compel, # (3) Exhibit A: 01.07.2021 Hearing Transcript, # (4) Exhibit B: 04.09.2021 Hearing Transcript, # (5) Exhibit C: Statistics, # (6) Exhibit D: 08.19.21 Transcript of Proceedings, # (7) Exhibit E: [Placeholder] Email Correspondence - Judah and Fassbender, # (8) Exhibit F: [Placeholder] Shea Transcript, # (9) Exhibit G: [Placeholder] 09.09.21 Judah Letter, # (10) Exhibit H: 09.15.21 Routh Letter, # (11) Exhibit I:[Placeholder] 09.15.21 Meet and Confer, # (12) Exhibit J: [Placeholder] Najemy Letter, # (13) Exhibit K: [Placeholder] Carnival Litigation Document Retention and Hold Recipients, # (14) Exhibit L: [Placeholder] De_Curtis00242858, # (15) Exhibit M: [Placeholder] De_Curtis00364029, # (16) Exhibit N: [Placeholder] De_Curtis00241867, # (17) Exhibit O:[Placeholder] De_Curtis00242071, # (18) Exhibit P: [Placeholder] Stipulated Protocol for Forensic Examination, # (19) Exhibit Q: [Placeholder] Carnival Verified Response to Interrogatory No. 4, # (20) Exhibit R: [Placeholder] First Amended Non-Infringement Unenforceability and Invalidity Contentions, # (21) Exhibit S: [Placeholder] 10.11.21 Letter from S. Shakespeare Jr. - KLDiscovery)(Stearns, Jason) 188 Filed & Entered: 10/20/2021Terminated: 10/21/2021 Motion to Appear Pro Hac Vice Docket Text: MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Johannes Hsu, Esq,. Filing Fee $ 200.00 Receipt # AFLSDC-15109274 by Carnival Corporation, Carnival Corporation. Responses due by 11/3/2021 (Attachments: # (1) Certification, # (2) Text of Proposed Order)(Espinosa, Jorge) 189 Filed & Entered: 10/20/2021Terminated: 10/21/2021 Motion to Appear Pro Hac Vice Docket Text: MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David R. Medina, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-15109444 by Carnival Corporation, Carnival Corporation. Responses due by 11/3/2021 (Attachments: # (1) Certification, # (2) Text of Proposed Order)(Espinosa, Jorge) 190 Filed & Entered: 10/21/2021 Order on Motion to Appear Pro Hac Vice Docket Text: PAPERLESS ORDER de |
| Apr 28, 2020 | N/A | Miscellaneous Document (0) Docket Text: Sealed Document S-21. (MAA) |
| Apr 27, 2020 | 18 | Order on Motion for Limited Admission (2) Docket Text: ORDER granting [16] Motion to Appear Pro Hac Vice. David C. Gustman, Esq., Jeffery M. Cross, Esq., Jill C. Anderson, Esq., Jennifer L. Fitzgerald, Esq., Scott L. Watson, Esq., Justin C. Griffin, Esq., and Patrick T. Schmidt, Esq. may specially appear in this case as counsel for Plaintiff with Jason P. Stearns, Esq., serving as local counsel. Signed by Magistrate Judge Leslie R. Hoffman on 4/27/2020. (MKH) |
| Apr 27, 2020 | 19 | Order (4) Docket Text: INTERESTED PERSONS ORDER. Defendant Carnival Corporation shall file a Certificate of Interested Persons within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 4/27/2020. (GNB) copies e-mailed |
| Apr 27, 2020 | 20 | Order on Motion to Seal (5) Docket Text: ORDER granting [17] Motion to Seal. The Clerk of Court is DIRECTED to file under seal Exhibit B to Plaintiff's "Motion... to Enjoin Carnival From Prosecuting Duplicative, Second-Filed Lawsuit" and thereafter remove the publicly available version from the docket. See Doc. No. 15-2. Signed by Magistrate Judge Leslie R. Hoffman on 4/27/2020. (MKH) |
| Apr 24, 2020 | 16 | Motion to Appear Pro Hac Vice (Main Document) (7) Docket Text: Unopposed MOTION for David C. Gustman; Jeffery M. Cross; Jill C. Anderson, Jennifer L. Fitzgerald (Freeborn & Peters LLP) and Scott L. Watson, Justin C. Griffin, Patrick T. Schmidt (Quinn Emanuel Urquhart & Sullivan) to appear pro hac vice Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing on behalf of Plaintiff by DeCurtis LLC. (Attachments: # (1) Exhibit Composite A: Certifications, # (2) Exhibit B: Proposed Order)(Stearns, Jason) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Apr 24, 2020 | 16 | Motion to Appear Pro Hac Vice (Exhibit Composite A: Certifications) (8) Docket Text: Unopposed MOTION for David C. Gustman; Jeffery M. Cross; Jill C. Anderson, Jennifer L. Fitzgerald (Freeborn & Peters LLP) and Scott L. Watson, Justin C. Griffin, Patrick T. Schmidt (Quinn Emanuel Urquhart & Sullivan) to appear pro hac vice Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing on behalf of Plaintiff by DeCurtis LLC. (Attachments: # (1) Exhibit Composite A: Certifications, # (2) Exhibit B: Proposed Order)(Stearns, Jason) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Apr 24, 2020 | 16 | Motion to Appear Pro Hac Vice (Exhibit B: Proposed Order) (4) Docket Text: Unopposed MOTION for David C. Gustman; Jeffery M. Cross; Jill C. Anderson, Jennifer L. Fitzgerald (Freeborn & Peters LLP) and Scott L. Watson, Justin C. Griffin, Patrick T. Schmidt (Quinn Emanuel Urquhart & Sullivan) to appear pro hac vice Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing on behalf of Plaintiff by DeCurtis LLC. (Attachments: # (1) Exhibit Composite A: Certifications, # (2) Exhibit B: Proposed Order)(Stearns, Jason) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Apr 24, 2020 | 17 | Motion to Seal (5) Docket Text: Unopposed MOTION to Seal Confidential Agreement and Memorandum of Law by Carnival Corporation. (Jimenez, Robert) Motions referred to Magistrate Judge Leslie R. Hoffman. Modified on 4/27/2020 (MEJ). |
| Apr 22, 2020 | 14 | Order on Motion for Limited Admission (3) Docket Text: ORDER denying without prejudice [13] Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie R. Hoffman on 4/22/2020. (MKH) |
| Apr 22, 2020 | 15 | Motion for Miscellaneous Relief (Main Document) (27) Docket Text: MOTION for Miscellaneous Relief, specifically TO ENJOIN CARNIVAL FROM PROSECUTING DUPLICATIVE, SECOND-FILED LAWSUIT by DeCurtis LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B-SEALED, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Stearns, Jason) Modified on 4/28/2020 (MEJ). |
| Apr 22, 2020 | 15 | Motion for Miscellaneous Relief (Exhibit A) (30) Docket Text: MOTION for Miscellaneous Relief, specifically TO ENJOIN CARNIVAL FROM PROSECUTING DUPLICATIVE, SECOND-FILED LAWSUIT by DeCurtis LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B-SEALED, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Stearns, Jason) Modified on 4/28/2020 (MEJ). |
| Apr 22, 2020 | 15 | Motion for Miscellaneous Relief (Exhibit C) (4) Docket Text: MOTION for Miscellaneous Relief, specifically TO ENJOIN CARNIVAL FROM PROSECUTING DUPLICATIVE, SECOND-FILED LAWSUIT by DeCurtis LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B-SEALED, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Stearns, Jason) Modified on 4/28/2020 (MEJ). |
| Apr 22, 2020 | 15 | Motion for Miscellaneous Relief (Exhibit D) (4) Docket Text: MOTION for Miscellaneous Relief, specifically TO ENJOIN CARNIVAL FROM PROSECUTING DUPLICATIVE, SECOND-FILED LAWSUIT by DeCurtis LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B-SEALED, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Stearns, Jason) Modified on 4/28/2020 (MEJ). |
| Apr 22, 2020 | 15 | Motion for Miscellaneous Relief (Exhibit E) (2) Docket Text: MOTION for Miscellaneous Relief, specifically TO ENJOIN CARNIVAL FROM PROSECUTING DUPLICATIVE, SECOND-FILED LAWSUIT by DeCurtis LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B-SEALED, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Stearns, Jason) Modified on 4/28/2020 (MEJ). |
| Apr 22, 2020 | 15 | Motion for Miscellaneous Relief (Exhibit F) (2) Docket Text: MOTION for Miscellaneous Relief, specifically TO ENJOIN CARNIVAL FROM PROSECUTING DUPLICATIVE, SECOND-FILED LAWSUIT by DeCurtis LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B-SEALED, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Stearns, Jason) Modified on 4/28/2020 (MEJ). |
| Apr 22, 2020 | 15 | Motion for Miscellaneous Relief (Exhibit G) (14) Docket Text: MOTION for Miscellaneous Relief, specifically TO ENJOIN CARNIVAL FROM PROSECUTING DUPLICATIVE, SECOND-FILED LAWSUIT by DeCurtis LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B-SEALED, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Stearns, Jason) Modified on 4/28/2020 (MEJ). |
| Apr 21, 2020 | 11 | Notice (Other) (2) Docket Text: NOTICE of pendency of related cases (re: [5] Related Case Order) per Local Rule 1.04(d) by DeCurtis LLC. Related case(s): Yes (Stearns, Jason) Modified on 4/22/2020 (MAA). |
| Apr 21, 2020 | 12 | Certificate of Other Affiliates/Corporate Disclosure Statement (3) Docket Text: CERTIFICATE of interested persons and corporate disclosure statement (re: [7] Interested Persons Order) by DeCurtis LLC identifying Corporate Parent DeCurtis LLC, Other Affiliate DeCurtis Holdings, LLC, Other Affiliate Shamrock Capital for DeCurtis LLC.. (Stearns, Jason) Modified on 4/22/2020 (MAA). |
| Apr 21, 2020 | 13 | Motion to Appear Pro Hac Vice (Main Document) (6) Docket Text: MOTION for David C. Gustman, Jeffery M. Cross, Jill C. Anderson, Jennifer L. Fitzgerald (Freeborn Peters LLP); Scott L. Watson, Justin C. Griffin, Patrick T. Schmidt (Quinn Emanuel Urquhart & Sullivan LLP) to appear pro hac vice on behalf of Plaintiff by DeCurtis LLC. (Attachments: # (1) Exhibit Composite A: Certifications, # (2) Exhibit B: Proposed Order)(Stearns, Jason) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Apr 21, 2020 | 13 | Motion to Appear Pro Hac Vice (Exhibit Composite A: Certifications) (8) Docket Text: MOTION for David C. Gustman, Jeffery M. Cross, Jill C. Anderson, Jennifer L. Fitzgerald (Freeborn Peters LLP); Scott L. Watson, Justin C. Griffin, Patrick T. Schmidt (Quinn Emanuel Urquhart & Sullivan LLP) to appear pro hac vice on behalf of Plaintiff by DeCurtis LLC. (Attachments: # (1) Exhibit Composite A: Certifications, # (2) Exhibit B: Proposed Order)(Stearns, Jason) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Apr 21, 2020 | 13 | Motion to Appear Pro Hac Vice (Exhibit B: Proposed Order) (4) Docket Text: MOTION for David C. Gustman, Jeffery M. Cross, Jill C. Anderson, Jennifer L. Fitzgerald (Freeborn Peters LLP); Scott L. Watson, Justin C. Griffin, Patrick T. Schmidt (Quinn Emanuel Urquhart & Sullivan LLP) to appear pro hac vice on behalf of Plaintiff by DeCurtis LLC. (Attachments: # (1) Exhibit Composite A: Certifications, # (2) Exhibit B: Proposed Order)(Stearns, Jason) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Apr 20, 2020 | 10 | Notice (Other) (3) Docket Text: RETURN of Summons executed on 4/13/20 by DeCurtis LLC (Stearns, Jason) Modified on 4/21/2020 (MEJ). |
| Apr 10, 2020 | 5 | Order (17) Docket Text: RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. The Notice of Pendency of Other Actions shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 4/10/2020. (GNB) copies e-mailed |
| Apr 10, 2020 | 6 | Order (2) Docket Text: STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie R. Hoffman on 1/6/2020. (MKH) |
| Apr 10, 2020 | 7 | Order (4) Docket Text: INTERESTED PERSONS ORDER. The Certificate of Interested Persons shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 4/10/2020. (GNB) copies e-mailed |
| Apr 10, 2020 | 8 | Summons Issued (2) Docket Text: SUMMONS issued as to Carnival Corporation. (MEJ) |
| Apr 10, 2020 | 9 | Miscellaneous Document (Main Document) (1) Docket Text: Patent Report sent to Alexandria, VA. (Attachments: # (1) Complaint, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G) (MEJ) |
| Apr 10, 2020 | 9 | Miscellaneous Document (Complaint) (30) Docket Text: Patent Report sent to Alexandria, VA. (Attachments: # (1) Complaint, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G) (MEJ) |
| Apr 10, 2020 | 9 | Miscellaneous Document (Exhibit A) (30) Docket Text: Patent Report sent to Alexandria, VA. (Attachments: # (1) Complaint, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G) (MEJ) |
| Apr 10, 2020 | 9 | Miscellaneous Document (Exhibit B) (30) Docket Text: Patent Report sent to Alexandria, VA. (Attachments: # (1) Complaint, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G) (MEJ) |
| Apr 10, 2020 | 9 | Miscellaneous Document (Exhibit C) (30) Docket Text: Patent Report sent to Alexandria, VA. (Attachments: # (1) Complaint, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G) (MEJ) |
| Apr 10, 2020 | 9 | Miscellaneous Document (Exhibit D) (30) Docket Text: Patent Report sent to Alexandria, VA. (Attachments: # (1) Complaint, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G) (MEJ) |
| Apr 10, 2020 | 9 | Miscellaneous Document (Exhibit E) (30) Docket Text: Patent Report sent to Alexandria, VA. (Attachments: # (1) Complaint, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G) (MEJ) |
| Apr 10, 2020 | 9 | Miscellaneous Document (Exhibit F) (30) Docket Text: Patent Report sent to Alexandria, VA. (Attachments: # (1) Complaint, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G) (MEJ) |
| Apr 10, 2020 | 9 | Miscellaneous Document (Exhibit G) (30) Docket Text: Patent Report sent to Alexandria, VA. (Attachments: # (1) Complaint, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G) (MEJ) |
| Apr 9, 2020 | 3 | Miscellaneous Document (1) Docket Text: SUPPLEMENT re [1] Complaint Civil Cover Sheet by DeCurtis LLC. (Stearns, Jason) |
| Apr 9, 2020 | N/A | Case Assigned/Reassigned (0) Docket Text: NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Leslie R. Hoffman. New case number: 6:20-cv-607-Orl-40LRH. (SJB) |
| Apr 8, 2020 | 1 | Complaint (Main Document) (30) Docket Text: COMPLAINT against Carnival Corporation with Jury Demand (Filing fee $ 400 receipt number 113A-16682936) filed by DeCurtis LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Stearns, Jason) |
| Apr 8, 2020 | 1 | Complaint (Exhibit A) (30) Docket Text: COMPLAINT against Carnival Corporation with Jury Demand (Filing fee $ 400 receipt number 113A-16682936) filed by DeCurtis LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Stearns, Jason) |
| Apr 8, 2020 | 1 | Complaint (Exhibit B) (30) Docket Text: COMPLAINT against Carnival Corporation with Jury Demand (Filing fee $ 400 receipt number 113A-16682936) filed by DeCurtis LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Stearns, Jason) |
| Apr 8, 2020 | 1 | Complaint (Exhibit C) (30) Docket Text: COMPLAINT against Carnival Corporation with Jury Demand (Filing fee $ 400 receipt number 113A-16682936) filed by DeCurtis LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Stearns, Jason) |
| Apr 8, 2020 | 1 | Complaint (Exhibit D) (30) Docket Text: COMPLAINT against Carnival Corporation with Jury Demand (Filing fee $ 400 receipt number 113A-16682936) filed by DeCurtis LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Stearns, Jason) |
| Apr 8, 2020 | 1 | Complaint (Exhibit E) (30) Docket Text: COMPLAINT against Carnival Corporation with Jury Demand (Filing fee $ 400 receipt number 113A-16682936) filed by DeCurtis LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Stearns, Jason) |
| Apr 8, 2020 | 1 | Complaint (Exhibit F) (30) Docket Text: COMPLAINT against Carnival Corporation with Jury Demand (Filing fee $ 400 receipt number 113A-16682936) filed by DeCurtis LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Stearns, Jason) |
| Apr 8, 2020 | 1 | Complaint (Exhibit G) (30) Docket Text: COMPLAINT against Carnival Corporation with Jury Demand (Filing fee $ 400 receipt number 113A-16682936) filed by DeCurtis LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Stearns, Jason) |
| Apr 8, 2020 | 2 | Service - Miscellaneous (2) Docket Text: PROPOSED summons to be issued by DeCurtis LLC. (Stearns, Jason) |
