Case number 1:22-cv-01212
Fintech Innovations Associates LLC v. PayPal, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 5, 2023 | 47 | MINUTE entry before the Honorable Heather K. McShain: The District Court having terminated this case 42 , the referral in this case is hereby closed. Mailed notice. (pk, ) (Entered: 01/05/2023) (1) |
| Dec 30, 2022 | 46 | MAILED patent report with certified copy of minute order dated 12/28/2022 to Patent Trademark Office, Alexandria VA. (jn, ) (Entered: 12/30/2022) (10) |
| Dec 30, 2022 | 45 | MAILED patent report to Patent Trademark Office, Alexandria VA. (jn, ) (Entered: 12/30/2022) (8) |
| Dec 28, 2022 | 44 | CERTIFICATE Certificate of Compliance by Withdrawing Counsel Matthew M. Wawrzyn (Wawrzyn, Matthew) (Entered: 12/28/2022) (2) |
| Dec 28, 2022 | 43 | ENTERED JUDGMENT on 12/28/2022. Mailed notice (axc). (Entered: 12/28/2022) (1) |
| Dec 28, 2022 | 42 | MINUTE entry before the Honorable Franklin U. Valderrama: Two motions are before the Court: (1) Defendant Paypal, Inc.'s (Paypay) motion to dismiss for lack of prosecution 33 and (2) Attorney Matthew M. Wawrzyn's (Wawryzn) motion to withdraw as counsel for Plaintiff Fintech Innovations Associates LLC (FIA) 41 . Paypal filed its motion to dismiss for lack of prosecution on 11/28/2022, and the Court set a deadline for FIA to respond by 12/19/2022 and warned FIA that it must be represented by counsel or risk dismissal on that basis 39 . In the motion to withdraw, Wawryzn states that he served all documents filed after 10/7/2022 on FIA 41 3. After the 12/19/2022 response deadline passed, Wawryzn filed his motion to withdraw, stating that FIA informed Wawrzyn on 10/7/2022 that it would find substitute counsel for this matter, and that Wawrzyn has had no meaningful communications with FIA since that date. Wawrzyn states that FIA's principal informed Wawrzyn on 12/22/2022 that Wawrzyn's services are terminated. To date, FIA has not filed a response to Paypal's motion to dismiss for lack of prosecution. As pointed out in Paypal's motion, the Court finds that dismissal for want of prosecution is warranted, as: (1) FIA has failed to comply with numerous case deadlines (not only the deadlines listed above, but also its deadline to serve initial infringement contentions); (2) FIA's disregard for Court orders and its failures to meet deadlines are attributable to FIA; (3) FIA's conduct has affected the Court's calendar and taken up the time and resources of this Court and of the Magistrate Judge; and (4) FIA's failures to comply with Court rules and deadlines and the resulting delay has prejudiced PayPal. 33 , 35 Because the Court finds that dismissal is warranted based on the foregoing factors, it need not definitively decide at this time whether FIA's suit is meritless. Accordingly, for the reasons stated in Paypal's motion, the Court grants Paypal's motion to dismiss for lack of prosecution 33 . This lawsuit is dismissed with prejudice under Fed. R. Civ. P. 41(b). See Aura Lamp & Lighting Inc. v. Int'l Trading Corp., 325 F.3d 903, 910 (7th Cir. 2003) (citing Ball v. City of Chicago, 2 F.3d 752, 760 (7th Cir. 1993)). Paypal's motion to dismiss for failure to state a claim 11 is terminated as moot. Additionally, the Court grants Wawrzyn's motion to withdraw 41 and Wawrzyn is withdrawn as counsel for FIA. The Clerk of the Court is directed to update FIA's contact information to 221 N. Broad St., Suite 3a, Middletown, DE 19709, as stated in docket [21-1]. By 12/29/2022, withdrawing attorney Matthew M. Wawrzyn must: (a) serve a copy of this order on a FIA representative; and (b) file a certificate of compliance on the Court's docket stating that counsel has done so. Civil case terminated. Mailed notice (axc). (Entered: 12/28/2022) (2) |
| Dec 23, 2022 | 41 | MOTION by Attorney Matthew Michael Wawrzyn to withdraw as attorney for Fintech Innovations Associates LLC. New address information: Fintech Innovations Associates, 221 N. Broad St., Suite 3a, Middletown, DE 19709 (Attachments: # 1 Exhibit Notification of Party Contact Information)(Wawrzyn, Matthew) (Entered: 12/23/2022) (0) |
| Dec 9, 2022 | 40 | MEMORANDUM by PayPal, Inc. in support of motion to dismiss/lack of prosecution 33 (Redacted version of [Dkt. 035]) (Mandell, Steven) (Entered: 12/09/2022) (21) |
| Dec 2, 2022 | 39 | MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court are Defendant's motion to dismiss for failure to prosecute 33 and related motion for leave to seal its memorandum in support 34 . The motion to seal 34 is granted in part and denied in part. The Court agrees with Defendant that much of the material in the memorandum and supporting exhibits consists of confidential communications. However, some of the arguments raised in the memorandum are not confidential. Accordingly, Defendant is ordered to file a public redacted version of the memorandum in support of the motion to dismiss 35 by 12/9/2022. Defendant need not file redacted versions of the exhibits. Defendant's status report and memorandum also inform the Court that Plaintiff's counsel has been unable to communicate with his client since 10/07/2022, and that Plaintiff itself has separately informed defense counsel that it is currently unrepresented. "Corporations unlike human beings are not permitted to litigate pro se." In re IFC Credit Corp., 663 F.3d 315, 318 (7th Cir. 2011) (collecting cases). However, Plaintiff's counsel has not filed a motion to withdraw. Accordingly, the Court sets the following briefing schedule on Defendant's motion to dismiss for failure to prosecute 33 : Plaintiff's response due by 12/19/2022; Defendant's reply due by 1/5/2023. Any response filed by Plaintiff must be filed by counsel. If Plaintiff's counsel moves to withdraw, Plaintiff must secure new counsel or risk dismissal on that basis. See, e.g., Scandia Down Corp. v. Euroquilt, Inc., 772 F.2d 1423, 1427 (7th Cir. 1985) (district courts have discretion to dismiss a case for a plaintiff's procedural failings, including a corporation plaintiff's failure to retain counsel). The Court strikes the deadline for Plaintiff to file a response to Defendant's notice of supplemental authority 38 ; Plaintiff should address that authority in its response due 12/19/2022. Mailed notice (axc). (Entered: 12/02/2022) (2) |
| Dec 1, 2022 | 38 | MINUTE entry before the Honorable Franklin U. Valderrama: On or before 12/09/2022 Plaintiff's shall file a response to Defendant Paypal, Inc.'s Notice of Supplemental Authority 37 . Mailed notice (axc). (Entered: 12/01/2022) (1) |
| Nov 30, 2022 | 37 | NOTICE OF SUPPLEMENTAL AUTHORITY by PayPal, Inc. (Attachments: # 1 Exhibit 1)(Mandell, Steven) (Entered: 11/30/2022) (Exhibit 1) (3) |
| Nov 30, 2022 | 37 | NOTICE OF SUPPLEMENTAL AUTHORITY by PayPal, Inc. (Attachments: # 1 Exhibit 1)(Mandell, Steven) (Entered: 11/30/2022) (Main Document) (3) |
| Nov 30, 2022 | 36 | MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the status report filed by defendant 32 , which was filed without input from plaintiff due to plaintiff's non-responsiveness. Defendant's report states that plaintiff's counsel has been unable to communicate with his client since 10/07/2022, and that plaintiff itself has separately informed defense counsel that it is currently unrepresented. Defendant further states that there has been no further progress with discovery or the Court's case-management schedule since mid-October. The Court observes that defendant has recently filed a motion to dismiss plaintiff's complaint for failure to prosecute. In light of the issues set forth in defendant's status report, the Court hereby strikes the current discovery and case-management schedule [ 25 , 29 , 31 ]. The Court will set a new case-management and discovery schedule, if appropriate, once the issues relating to plaintiff's representation and/or the defense motion to dismiss for failure to prosecute have been resolved. Mailed notice. (pk, ) (Entered: 11/30/2022) (1) |
| Nov 28, 2022 | 35 | SEALED DOCUMENT by Defendant PayPal, Inc. MEMORANDUM IN SUPPORT OF ITS MOTION TO DISMISS FOR FAILURE TO PROSECUTE (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, # 12 Declaration of Katherine H. Reardon)(Mandell, Steven) (Entered: 11/28/2022) (0) |
| Nov 28, 2022 | 34 | MOTION by Defendant PayPal, Inc. to seal its Memorandum in Support of its Motion to Dismiss for Failure to Prosecute, Exhibits 1-11 thereto, and the Declaration of Katherine Reardon in Support of the Motion to Dismiss (Mandell, Steven) (Entered: 11/28/2022) (3) |
| Nov 28, 2022 | 33 | MOTION by Defendant PayPal, Inc. to dismiss for lack of prosecution DEFENDANT PAYPAL, INC.'S RULE 41(b) MOTION TO DISMISS FOR FAILURE TO PROSECUTE (Mandell, Steven) (Entered: 11/28/2022) (3) |
| Nov 28, 2022 | 32 | STATUS Report by PayPal, Inc. (Mandell, Steven) (Entered: 11/28/2022) (4) |
| Oct 28, 2022 | 31 | MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the status report filed by defendant, which states that it elected to file its own status report because plaintiff has been unresponsive on two issues: plaintiff did not respond to a letter from defendant asserting that its initial disclosures were deficient, and plaintiff did not serve its infringement contentions by the deadline of 10/17/2022. Defendant requests that the deadlines for its initial non-infringement contentions, invalidity contentions, and unenforceability contentions be stayed until two weeks after plaintiff serves its initial infringement contentions. For good cause shown, defendant's request is granted, and the deadlines for defendant's initial non-infringement contentions, invalidity contentions, and unenforceability contentions are hereby stayed and reset for two weeks after plaintiff serves its initial infringement contentions. Defendant's status report also states that neither side has served written discovery. By 11/28/2022, the parties must file a joint status report with input from both sides on the same topics as the instant status report. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) (Entered: 10/28/2022) (1) |
| Oct 26, 2022 | 30 | STATUS Report by PayPal, Inc. (Mandell, Steven) (Entered: 10/26/2022) (4) |
| Sep 19, 2022 | 29 | MINUTE entry before the Honorable Heather K. McShain: Plaintiff's agreed motion for extension of time 28 , which seeks a two-week extension of the parties' initial and patent deadlines in light of ongoing settlement discussions, is granted. The Court modifies the current case-management schedule 25 as follows: Fact discovery to commence on 10/03/2022. Initial disclosures and document productions to be made by 10/03/2022. Initial infringement contentions due 10/17/2022. Initial non-infringement, unenforceability, and invalidity contentions, as well as accompanying document productions, due by 10/31/2022. Initial response to invalidity contentions due by 11/14/2022. The joint status report date of 10/12/2022 25 is hereby stricken and reset to 10/26/2022. All other dates in the 08/10/2022 case-management schedule 25 remain in effect. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) (Entered: 09/19/2022) (1) |
| Sep 16, 2022 | 28 | MOTION by Plaintiff Fintech Innovations Associates LLC for extension of time AGREED (Wawrzyn, Matthew) (Entered: 09/16/2022) (2) |
| Aug 29, 2022 | 27 | REPLY by Defendant PayPal, Inc. to memorandum in support of motion, 12 , Motion to Dismiss for Failure to State a Claim 11 DEFENDANT PAYPAL, INC.'S REPLY IN SUPPORT OF ITS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: # 1 Exhibit A)(Mandell, Steven) (Entered: 08/29/2022) (Main Document) (12) |
| Aug 29, 2022 | 27 | REPLY by Defendant PayPal, Inc. to memorandum in support of motion, 12 , Motion to Dismiss for Failure to State a Claim 11 DEFENDANT PAYPAL, INC.'S REPLY IN SUPPORT OF ITS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: # 1 Exhibit A)(Mandell, Steven) (Entered: 08/29/2022) (Exhibit A) (4) |
| Aug 15, 2022 | 26 | MEMORANDUM by Fintech Innovations Associates LLC in Opposition to Motion to Dismiss for Failure to State a Claim 11 (Attachments: # 1 Exhibit EXHIBIT A (FIA Decl. re Intrinsic Evidence))(Wawrzyn, Matthew) (Entered: 08/15/2022) (Main Document) (18) |
| Aug 15, 2022 | 26 | MEMORANDUM by Fintech Innovations Associates LLC in Opposition to Motion to Dismiss for Failure to State a Claim 11 (Attachments: # 1 Exhibit EXHIBIT A (FIA Decl. re Intrinsic Evidence))(Wawrzyn, Matthew) (Entered: 08/15/2022) (Exhibit EXHIBIT A (FIA Decl. re Intrinsic Evidence)) (10) |
| Aug 10, 2022 | 25 | MINUTE entry before the Honorable Heather K. McShain: This case has been referred to Magistrate Judge McShain for discovery supervision, including setting all deadlines, and settlement matters 24 . The Court has reviewed the parties' joint status report 22 , in which defendant opposes setting a discovery schedule now because it has filed a Rule 12(b)(6) motion to dismiss plaintiff's complaint. However, the filing of a motion to dismiss does not constitute good cause for deferring the start of discovery. Cf. New England Carpenters Health & Welfare Fund v. Abbott Labs., No. 12 C 1662, 2013 WL 690613, at *1-2 (N.D. Ill. Feb. 20, 2013). The Court has also reviewed each side's proposed discovery and case management schedule. Because the first date in plaintiff's proposed schedule has already passed, and because there is only a modest difference between the deadlines at each step of this patent case in the parties' proposed schedules, the Court adopts defendant's proposed schedule as follows: Initial disclosures and document productions due by 09/19/2022. Fact discovery commences on 09/19/2022. Initial infringement contentions due 10/03/2022. Initial non-infringement, unenforceability, and invalidity contentions, as well as accompanying document productions, due by 10/17/2022. Initial response to invalidity contentions due 10/31/2022. Final infringement contentions due 02/27/2023. Final unenforceability and invalidity contentions, and document production accompanying final invalidity contentions, due by 03/20/2023. Final non-infringement contentions due 03/20/2023. Final contentions in response to final unenforceability and invalidity contentions due 03/27/2023. Final date for parties to seek leave to add new parties or amendments to their pleadings without a showing of good cause 04/10/2023. The Court observes that there is a substantial difference between each side's proposed date for the completion of fact discovery, with plaintiff proposing 04/25/2023 and defendant proposing 10/09/2023. The Court will not set a fact discovery cutoff date or expert discovery schedule at this juncture, and the parties will be expected to meet and confer about the remainder of the discovery schedule as the case progresses. A joint status report is due on 10/12/2022 to update the Court on: (a) the progress of discovery; (b) the status of settlement discussions, if any; and (c) any other issues the parties wish to raise with the Court. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) (Entered: 08/10/2022) (2) |
| Aug 8, 2022 | 23 | MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the parties' joint initial status report 22 and refers discovery supervision, including setting all deadlines, and settlement matters to Magistrate Judge McShain. Mailed notice. (kp, ) (Entered: 08/08/2022) (1) |
| Aug 8, 2022 | 24 | Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Heather K. McShain for the purpose of holding proceedings related to discovery supervision, including setting all deadlines, and settlement matters. Mailed notice. (kp, ) (Entered: 08/08/2022) (1) |
| Aug 5, 2022 | 22 | STATUS Report Joint Initial Status Report by Fintech Innovations Associates LLC (Wawrzyn, Matthew) (Entered: 08/05/2022) (10) |
| Aug 1, 2022 | 21 | MINUTE entry before the Honorable Franklin U. Valderrama: Attorney Ahmed J. Davis's motion for leave to appear pro hac vice 19 is granted. Mailed notice (axc). (Entered: 08/01/2022) (1) |
| Aug 1, 2022 | 20 | MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Plaintiff Fintech Innovations Associates LLC's agreed motion for extension of time to file joint status report 18 is granted. The joint initial status report is now due by 8/5/2022. Mailed notice (axc). (Entered: 08/01/2022) (1) |
| Jul 29, 2022 | 19 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19695083. (Davis, Ahmed) (Entered: 07/29/2022) (3) |
| Jul 29, 2022 | 18 | MOTION by Plaintiff Fintech Innovations Associates LLC for extension of time AGREED (Wawrzyn, Matthew) (Entered: 07/29/2022) (2) |
| Jul 26, 2022 | 17 | MINUTE entry before the Honorable Franklin U. Valderrama: Attorney Katherine H. Reardon's motion for leave to appear pro hac vice 16 is granted. Mailed notice (axc). (Entered: 07/26/2022) (1) |
| Jul 26, 2022 | 16 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19681411. (Reardon, Katherine) (Entered: 07/26/2022) (2) |
| Jul 25, 2022 | 15 | MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Defendant Paypal, Inc.'s Motion to Dismiss for Failure to State a Claim 11 as follows: Plaintiff's response due by 08/15/2022; Defendant's reply due by 08/29/2022. Additionally, Attorney David M. Hoffman's motion for leave to appear pro hac vice 14 is granted. Mailed notice (axc). (Entered: 07/25/2022) (1) |
| Jul 22, 2022 | 12 | MEMORANDUM by PayPal, Inc. in support of Motion to Dismiss for Failure to State a Claim 11 (Attachments: # 1 Declaration of Katherine H. Reardon, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Appendix A)(Mandell, Steven) (Entered: 07/22/2022) (Main Document) (17) |
| Jul 22, 2022 | 11 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant PayPal, Inc. (Mandell, Steven) (Entered: 07/22/2022) (3) |
| Jul 22, 2022 | 10 | MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Plaintiff Fintech Innovations Associates LLC's agreed motion for extension of time 8 is granted. The joint initial status report is now due 7/29/2022. Mailed notice (axc). (Entered: 07/22/2022) (1) |
| Jul 22, 2022 | 9 | ATTORNEY Appearance for Defendant PayPal, Inc. by Steven P. Mandell (Mandell, Steven) (Entered: 07/22/2022) (1) |
| Jul 22, 2022 | 13 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by PayPal, Inc. (Mandell, Steven) (Entered: 07/22/2022) (2) |
| Jul 22, 2022 | 12 | MEMORANDUM by PayPal, Inc. in support of Motion to Dismiss for Failure to State a Claim 11 (Attachments: # 1 Declaration of Katherine H. Reardon, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Appendix A)(Mandell, Steven) (Entered: 07/22/2022) (Declaration of Katherine H. Reardon) (2) |
| Jul 22, 2022 | 12 | MEMORANDUM by PayPal, Inc. in support of Motion to Dismiss for Failure to State a Claim 11 (Attachments: # 1 Declaration of Katherine H. Reardon, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Appendix A)(Mandell, Steven) (Entered: 07/22/2022) (Exhibit 1) (3) |
| Jul 22, 2022 | 12 | MEMORANDUM by PayPal, Inc. in support of Motion to Dismiss for Failure to State a Claim 11 (Attachments: # 1 Declaration of Katherine H. Reardon, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Appendix A)(Mandell, Steven) (Entered: 07/22/2022) (Exhibit 2) (9) |
| Jul 22, 2022 | 12 | MEMORANDUM by PayPal, Inc. in support of Motion to Dismiss for Failure to State a Claim 11 (Attachments: # 1 Declaration of Katherine H. Reardon, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Appendix A)(Mandell, Steven) (Entered: 07/22/2022) (Exhibit 3) (30) |
| Jul 22, 2022 | 12 | MEMORANDUM by PayPal, Inc. in support of Motion to Dismiss for Failure to State a Claim 11 (Attachments: # 1 Declaration of Katherine H. Reardon, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Appendix A)(Mandell, Steven) (Entered: 07/22/2022) (Appendix A) (2) |
| Jul 22, 2022 | 14 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19676524. (Hoffman, David) (Entered: 07/22/2022) (2) |
| Jul 21, 2022 | 8 | MOTION by Plaintiff Fintech Innovations Associates LLC for extension of time AGREED (Wawrzyn, Matthew) (Entered: 07/21/2022) (2) |
| May 17, 2022 | 7 | MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants the parties' Agreed Extension Motion 6 . The deadline for the parties to file their joint initial status report is extended to 07/22/2022, and the deadline for Defendant to respond to the complaint is extended to 07/22/2022. Mailed notice (axc). (Entered: 05/17/2022) (1) |
| May 16, 2022 | 6 | MOTION by Plaintiff Fintech Innovations Associates LLC for extension of time to File Joint Report and Response to Complaint AGREED (Wawrzyn, Matthew) (Entered: 05/16/2022) (2) |
| May 5, 2022 | 5 | AFFIDAVIT of Service filed by Plaintiff Fintech Innovations Associates LLC regarding Complaint and Summons served on PayPal, Inc. (CT Corp. Sys) on 4/28/2022 (Wawrzyn, Matthew) (Entered: 05/05/2022) (3) |
| Mar 23, 2022 | 4 | ATTORNEY Appearance for Plaintiff Fintech Innovations Associates LLC by Matthew Michael Wawrzyn (Wawrzyn, Matthew) (Entered: 03/23/2022) (1) |
| Mar 9, 2022 | 3 | MINUTE entry before the Honorable Franklin U. Valderrama: On or before 05/23/2022 the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiff's counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Mailed notice (axc). (Entered: 03/09/2022) (1) |
| Mar 8, 2022 | 2 | CIVIL Cover Sheet (Wawrzyn, Matthew) (Entered: 03/08/2022) (2) |
| Mar 8, 2022 | N/A | clerk's notice (0) Docket Text: CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (cm, ) 1 Filed & Entered: 03/08/2022 complaint Docket Text: COMPLAINT filed by Fintech Innovations Associates LLC; Jury Demand. Filing fee $ 402, receipt number 0752-19223998. (Attachments: # (1) Exhibit Design Patent, # (2) Exhibit Claim Chart)(Wawrzyn, Matthew) 2 Filed & Entered: 03/08/2022 civil cover sheet Docket Text: CIVIL Cover Sheet (Wawrzyn, Matthew) 3 Filed & Entered: 03/09/2022 set deadlines Docket Text: MINUTE entry before the Honorable Franklin U. Valderrama: On or before 05/23/2022 the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiff's counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Mailed notice (axc). Filed & Entered: 03/23/2022 summons issued Docket Text: SUMMONS Issued as to Defendant PayPal, Inc. (jk2, ) 4 Filed & Entered: 03/23/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Fintech Innovations Associates LLC by Matthew Michael Wawrzyn (Wawrzyn, Matthew) 5 Filed & Entered: 05/05/2022 affidavit of service Docket Text: AFFIDAVIT of Service filed by Plaintiff Fintech Innovations Associates LLC regarding Complaint and Summons served on PayPal, Inc. (CT Corp. Sys) on 4/28/2022 (Wawrzyn, Matthew) 6 Filed & Entered: 05/16/2022Terminated: 05/17/2022 extension of time Docket Text: MOTION by Plaintiff Fintech Innovations Associates LLC for extension of time to File Joint Report and Response to Complaint AGREED (Wawrzyn, Matthew) 7 Filed & Entered: 05/17/2022 order on motion for extension of time Docket Text: MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants the parties' Agreed Extension Motion [6]. The deadline for the parties to file their joint initial status report is extended to 07/22/2022, and the deadline for Defendant to respond to the complaint is extended to 07/22/2022. Mailed notice (axc). 8 Filed & Entered: 07/21/2022Terminated: 07/22/2022 extension of time Docket Text: MOTION by Plaintiff Fintech Innovations Associates LLC for extension of time AGREED (Wawrzyn, Matthew) 9 Filed & Entered: 07/22/2022 attorney appearance Docket Text: ATTORNEY Appearance for Defendant PayPal, Inc. by Steven P. Mandell (Mandell, Steven) 10 Filed & Entered: 07/22/2022 order on motion for extension of time Docket Text: MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Plaintiff Fintech Innovations Associates LLC's agreed motion for extension of time [8] is granted. The joint initial status report is now due 7/29/2022. Mailed notice (axc). 11 Filed & Entered: 07/22/2022 Motion to Dismiss for Failure to State a Claim Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant PayPal, Inc. (Mandell, Steven) 12 Filed & Entered: 07/22/2022 memorandum in support of motion Docket Text: MEMORANDUM by PayPal, Inc. in support of Motion to Dismiss for Failure to State a Claim[11] (Attachments: # (1) Declaration of Katherine H. Reardon, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Appendix A)(Mandell, Steven) 13 Filed & Entered: 07/22/2022 notification of affiliates pursuant to local rule 3.2 Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by PayPal, Inc. (Mandell, Steven) 14 Filed & Entered: 07/22/2022Terminated: 07/25/2022 motion to appear pro hac vice Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19676524. (Hoffman, David) 15 Filed & Entered: 07/25/2022 order on motion to appear pro hac vice Docket Text: MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Defendant Paypal, Inc.'s Motion to Dismiss for Failure to State a Claim [11] as follows: Plaintiff's response due by 08/15/2022; Defendant's reply due by 08/29/2022. Additionally, Attorney David M. Hoffman's motion for leave to appear pro hac vice [14] is granted. Mailed notice (axc). 16 Filed & Entered: 07/26/2022Terminated: 07/26/2022 motion to appear pro hac vice Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19681411. (Reardon, Katherine) 17 Filed & Entered: 07/26/2022 order on motion to appear pro hac vice Docket Text: MINUTE entry before the Honorable Franklin U. Valderrama: Attorney Katherine H. Reardon's motion for leave to appear pro hac vice [16] is granted. Mailed notice (axc). 18 Filed & Entered: 07/29/2022Terminated: 08/01/2022 extension of time Docket Text: MOTION by Plaintiff Fintech Innovations Associates LLC for extension of time AGREED (Wawrzyn, Matthew) 19 Filed & Entered: 07/29/2022Terminated: 08/01/2022 motion to appear pro hac vice Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19695083. (Davis, Ahmed) 20 Filed & Entered: 08/01/2022 order on motion for extension of time Docket Text: MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Plaintiff Fintech Innovations Associates LLC's agreed motion for extension of time to file joint status report [18] is granted. The joint initial status report is now due by 8/5/2022. Mailed notice (axc). 21 Filed & Entered: 08/01/2022 order on motion to appear pro hac vice Docket Text: MINUTE entry before the Honorable Franklin U. Valderrama: Attorney Ahmed J. Davis's motion for leave to appear pro hac vice [19] is granted. Mailed notice (axc). 22 Filed & Entered: 08/05/2022 status report Docket Text: STATUS Report Joint Initial Status Report by Fintech Innovations Associates LLC (Wawrzyn, Matthew) 23 Filed & Entered: 08/08/2022 text entry Docket Text: MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the parties' joint initial status report [22] and refers discovery supervision, including setting all deadlines, and settlement matters to Magistrate Judge McShain. Mailed notice. (kp, ) 24 Filed & Entered: 08/08/2022 Expedited referral to magistrate judge Docket Text: Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Heather K. McShain for the purpose of holding proceedings related to discovery supervision, including setting all deadlines, and settlement matters. Mailed notice. (kp, ) 25 Filed & Entered: 08/10/2022 set deadlines Docket Text: MINUTE entry before the Honorable Heather K. McShain: This case has been referred to Magistrate Judge McShain for discovery supervision, including setting all deadlines, and settlement matters [24]. The Court has reviewed the parties' joint status report [22], in which defendant opposes setting a discovery schedule now because it has filed a Rule 12(b)(6) motion to dismiss plaintiff's complaint. However, the filing of a motion to dismiss does not constitute good cause for deferring the start of discovery. Cf. New England Carpenters Health & Welfare Fund v. Abbott Labs., No. 12 C 1662, 2013 WL 690613, at *1-2 (N.D. Ill. Feb. 20, 2013). The Court has also reviewed each side's proposed discovery and case management schedule. Because the first date in plaintiff's proposed schedule has already passed, and because there is only a modest difference between the deadlines at each step of this patent case in the parties' proposed schedules, the Court adopts defendant's proposed schedule as follows: Initial disclosures and document productions due by 09/19/2022. Fact discovery commences on 09/19/2022. Initial infringement contentions due 10/03/2022. Initial non-infringement, unenforceability, and invalidity contentions, as well as accompanying document productions, due by 10/17/2022. Initial response to invalidity contentions due 10/31/2022. Final infringement contentions due 02/27/2023. Final unenforceability and invalidity contentions, and document production accompanying final invalidity contentions, due by 03/20/2023. Final non-infringement contentions due 03/20/2023. Final contentions in response to final unenforceability and invalidity contentions due 03/27/2023. Final date for parties to seek leave to add new parties or amendments to their pleadings without a showing of good cause 04/10/2023. The Court observes that there is a substantial difference between each side's proposed date for the completion of fact discovery, with plaintiff proposing 04/25/2023 and defendant proposing 10/09/2023. The Court will not set a fact discovery cutoff date or expert discovery schedule at this juncture, and the parties will be expected to meet and confer about the remainder of the discovery schedule as the case progresses. A joint status report is due on 10/12/2022 to update the Court on: (a) the progress of discovery; (b) the status of settlement discussions, if any; and (c) any other issues the parties wish to raise with the Court. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) 26 Filed & Entered: 08/15/2022 memorandum in opposition to motion Docket Text: MEMORANDUM by Fintech Innovations Associates LLC in Opposition to Motion to Dismiss for Failure to State a Claim[11] (Attachments: # (1) Exhibit EXHIBIT A (FIA Decl. re Intrinsic Evidence))(Wawrzyn, Matthew) 27 Filed & Entered: 08/29/2022 reply Docket Text: REPLY by Defendant PayPal, Inc. to memorandum in support of motion, [12], Motion to Dismiss for Failure to State a Claim[11] DEFENDANT PAYPAL, INC.'S REPLY IN SUPPORT OF ITS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: # (1) Exhibit A)(Mandell, Steven) 28 Filed & Entered: 09/16/2022Terminated: 09/19/2022 extension of time Docket Text: MOTION by Plaintiff Fintech Innovations Associates LLC for extension of time AGREED (Wawrzyn, Matthew) 29 Filed & Entered: 09/19/2022 order on motion for extension of time Docket Text: MINUTE entry before the Honorable Heather K. McShain: Plaintiff's agreed motion for extension of time [28], which seeks a two-week extension of the parties' initial and patent deadlines in light of ongoing settlement discussions, is granted. The Court modifies the current case-management schedule [25] as follows: Fact discovery to commence on 10/03/2022. Initial disclosures and document productions to be made by 10/03/2022. Initial infringement contentions due 10/17/2022. Initial non-infringement, unenforceability, and invalidity contentions, as well as accompanying document productions, due by 10/31/2022. Initial response to invalidity contentions due by 11/14/2022. The joint status report date of 10/12/2022 [25] is hereby stricken and reset to 10/26/2022. All other dates in the 08/10/2022 case-management schedule [25] remain in effect. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) 30 Filed & Entered: 10/26/2022 status report Docket Text: STATUS Report by PayPal, Inc. (Mandell, Steven) 31 Filed & Entered: 10/28/2022 set deadlines Docket Text: MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the status report filed by defendant, which states that it elected to file its own status report because plaintiff has been unresponsive on two issues: plaintiff did not respond to a letter from defendant asserting that its initial disclosures were deficient, and plaintiff did not serve its infringement contentions by the deadline of 10/17/2022. Defendant requests that the deadlines for its initial non-infringement contentions, invalidity contentions, and unenforceability contentions be stayed until two weeks after plaintiff serves its initial infringement contentions. For good cause shown, defendant's request is granted, and the deadlines for defendant's initial non-infringement contentions, invalidity contentions, and unenforceability contentions are hereby stayed and reset for two weeks after plaintiff serves its initial infringement contentions. Defendant's status report also states that neither side has served written discovery. By 11/28/2022, the parties must file a joint status report with input from both sides on the same topics as the instant status report. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) |
| Mar 8, 2022 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (cm, ) |
| Mar 8, 2022 | 1 | Complaint* (1) |
