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Case number 1:17-cv-11279

Realtime Data LLC v. Acronis, Inc. Ltd > Documents

Date Field Doc. No.Description (Pages)
Jan 24, 2024 168 Judge Indira Talwani: ORDER entered. ORDER OF DISMISSAL. Please see attached. (Kelly, Danielle) (Entered: 01/24/2024) (1)
Jan 24, 2024 169 REPORT ON THE TERMINATION OF AN ACTION REGARDING PATENT OR TRADEMARK. (Kelly, Danielle) (Entered: 01/24/2024) (1)
Jan 19, 2024 167 Judge Indira Talwani: ELECTRONIC ORDER granting Stipulated Motion to Dismiss 166 . (Kelly, Danielle) (Entered: 01/19/2024) (0)
Jan 18, 2024 166 MOTION to Dismiss Stipulated Motion to Dismiss with Prejudice by Realtime Data LLC.(Kroeger, Paul) (Entered: 01/18/2024) (4)
Mar 31, 2023 165 NOTICE of Withdrawal of Appearance by Elizabeth A. Houlding (Houlding, Elizabeth A.) (Entered: 03/31/2023) (2)
Nov 9, 2022 162 Notice of Withdrawal of Appearance (2)
Docket Text: NOTICE of Withdrawal of Appearance by Alex Worgaftik Dockery (Dockery, Alex)
Nov 3, 2022 N/A Notice of Filing of Official Transcript (0)
Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:17-cv-11279-IT, 1:17-cv-12499-IT(Coppola, Katelyn)
Nov 3, 2022 163 Transcript of Motion Hearing held on October 26, 2022, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 11/25/2022. Redacted Transcript Deadline set for 12/5/2022. Release of Transcript Restriction set for 2/1/2023. Associated Cases: 1:17-cv-11279-IT, 1:17-cv-12499-IT(Coppola, Katelyn) (Entered: 11/10/2022) (18)
Nov 3, 2022 164 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/caseinfo/transcripts.htm Associated Cases: 1:17-cv-11279-IT, 1:17-cv-12499-IT(Coppola, Katelyn) (Entered: 11/10/2022) (0)
Oct 27, 2022 N/A Order (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER severing the instant case and case number 17-cv-12499. The court has determined that the cases are appropriately severed, and the suits against Defendants Acronis, Inc. Ltd. and Carbonite, Inc. shall proceed separately. See Hall v. Hall, 138 S.Ct. 1118, 1130 (2018) (quoting 3 J. Moore & J. Friedman, Moores Federal Practice § 42.01, pp. 3050-3051 (1938)) (holding that "merger is never so complete in consolidation as to deprive any party of any substantial rights which he may have possessed had the actions proceeded separately."). Further, following colloquy with counsel at the October 26, 2022 hearing, Acronis no longer joins in Carbonite's Motion to Lift Stay [#[150]]. See Notice [#[152]]. Accordingly, the Motion to Stay [#[150]] is DENIED as to Acronis, and will be addressed separately in the severed Carbonite case. The court maintains the current stay as to Acronis. See Elec. Order [Doc. No. 123]. (Kelly, Danielle)
Oct 26, 2022 N/A Motion Hearing (0)
Docket Text: Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 10/26/2022 re (150 in 1:17-cv-11279-IT) MOTION filed by Carbonite, Inc. Case called. Court heard argument from counsel. The Court inquired of counsel if there may be some legal error for the court to enter judgment in the Carbonite action, leave the case stayed in Acronis, and remove the case consolidation; all counsel agreed. Also, Acronis no longer joins in Carbonite's Motion to Lift Stay. Order to follow. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Brian D. Ledahl, Timothy J. Carroll, Alex Worgaftik Dockery, Janine A. Carlan Elizabeth A. Houlding) Associated Cases: 1:17-cv-11279-IT, 1:17-cv-12499-IT, 1:18-cv-12227-IT(MacDonald, Gail)
Sep 14, 2022 N/A Terminate Motions (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered granting [158] Motion to continue. Motion hearing set re: [150] MOTION to Lift Stay by Carbonite, Inc. set for 10/12/2022, RESET for 10/26/2022 02:45 PM in Courtroom 9 (In person only) before Judge Indira Talwani. (MacDonald, Gail)
Sep 13, 2022 158 Motion for Hearing (3)
Docket Text: MOTION for Hearing re [157] Order Setting Hearing on Motion,, Terminate Motions, Unopposed Motion to Reschedule Hearing by Carbonite, Inc..(Carroll, Timothy)
Aug 31, 2022 N/A Order Setting Hearing on Motion (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered granting [156] MOTION for Hearing Unopposed by Carbonite, Inc. and Setting Hearing on [150] MOTION to Lift Stay by Carbonite, Inc.: Motion Hearing set for 10/12/2022 03:15 PM in Courtroom 9 (In person only) before Judge Indira Talwani. (MacDonald, Gail)
Aug 30, 2022 156 Motion for Hearing (3)
Docket Text: MOTION for Hearing Unopposed by Carbonite, Inc..(Carroll, Timothy)
Jun 3, 2022 N/A Order on Motion for Extension of Time to File Response/Reply (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER granting [153] Assented to Motion for Extension of Time to June 15, 2022 to File Response/Reply as to [152] Notice (Other). (Kelly, Danielle)
Jun 2, 2022 153 Motion for Extension of Time to File Response/Reply (3)
Docket Text: Assented to MOTION for Extension of Time to June 15, 2022 to File Response/Reply as to [152] Notice (Other) by Realtime Data LLC.(Kroeger, Paul)
May 31, 2022 152 Notice (Other) (3)
Docket Text: NOTICE by Acronis, Inc. Ltd re [150] MOTION to Lift Stay (Houlding, Elizabeth A.)
May 25, 2022 151 Memorandum in Support of Motion (15)
Docket Text: MEMORANDUM of Law in Support re [150] MOTION to Lift Stay filed by Carbonite, Inc. (Kelly, Danielle)
May 3, 2022 148 Transcript (18)
Docket Text: Transcript of Status Videoconference held on April 28, 2022, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 5/24/2022. Redacted Transcript Deadline set for 6/3/2022. Release of Transcript Restriction set for 8/1/2022. (Coppola, Katelyn)
May 3, 2022 N/A Notice of Filing of Official Transcript (0)
Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn)
Apr 28, 2022 N/A Status Conference (0)
Docket Text: Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Status Conference held on 4/28/2022. Case called. Court had colloquy with counsel. Deft. anticipate filing a motion to lift stay, and a motion for summary judgment. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Paul A. Kroeger, Jasjit S. Vidwan, Janine A. Carlan, Timothy J. Carroll, Alex Worgaftik Dockery, Elizabeth A. Houlding Elizabeth M Manno) (MacDonald, Gail)
Apr 19, 2022 N/A Notice of Rescheduling (0)
Docket Text: ELECTRONIC NOTICE OF RESCHEDULING. Status Conference set for 4/21/2022 is RESET for 4/28/2022 09:30 AM in Courtroom 9 (Remote only) before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail)
Apr 19, 2022 146 Notice of Withdrawal of Appearance (3)
Docket Text: NOTICE of Withdrawal of Appearance by Reza Mirzaie NOTICE OF WITHDRAWAL OF APPEARANCE OF C. JAY CHUNG (Mirzaie, Reza)
Apr 12, 2022 143 Motion for Hearing (3)
Docket Text: Joint MOTION for Hearing to Reschedule Status Conference by Carbonite, Inc..(Carroll, Timothy)
Apr 12, 2022 N/A Order (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered granting [143] Joint MOTION to Continue filed by Carbonite, Inc. Status Conference set for 4/13/2022 is RESET for 4/21/2022 02:15 PM in Courtroom 9 (Remote only) before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail)
Apr 1, 2022 140 Errata (3)
Docket Text: Notice of Errata by Realtime Data LLC to [139] Response to Motion . (Kroeger, Paul)
Apr 1, 2022 N/A Order on Motion for Hearing (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER granting Defendants' motion for a status conference [138]. The court will hear counsel as to the status of the case. The court does not anticipate resolving any disputed issues at the status conference but will discuss a briefing schedule if a party intends to file a motion to lift or partially lift the stay. (Kelly, Danielle)
Apr 1, 2022 N/A Notice of Hearing (0)
Docket Text: ELECTRONIC NOTICE of Hearing. Status Conference set for 4/13/2022 02:15 PM in Courtroom 9 (Remote only) before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.Associated Cases: 1:17-cv-11279-IT, 1:17-cv-12499-IT(MacDonald, Gail)
Mar 31, 2022 138 Motion for Hearing (4)
Docket Text: Joint MOTION for Hearing by Carbonite, Inc..(Carroll, Timothy)
Mar 31, 2022 139 Response to Motion (4)
Docket Text: RESPONSE to Motion re [138] Joint MOTION for Hearing filed by Realtime Data LLC. (Kroeger, Paul)
Mar 15, 2022 137 Notice of Change of Address or Firm Name (2)
Docket Text: NOTICE of Change of Address or Firm Name by Elizabeth A. Houlding (Houlding, Elizabeth A.)
Mar 9, 2022 135 Notice of Withdrawal of Appearance (2)
Docket Text: NOTICE of Withdrawal of Appearance by Wasif Qureshi (Qureshi, Wasif)
Mar 9, 2022 136 Notice of Withdrawal of Appearance (2)
Docket Text: NOTICE of Withdrawal of Appearance by Chris Cravey (Cravey, Chris)
Feb 4, 2022 133 Notice of Change of Address or Firm Name (3)
Docket Text: NOTICE of Change of Address or Firm Name by James E. Kruzer (Kruzer, James)
Jan 26, 2022 130 Notice of Appearance (2)
Docket Text: NOTICE of Appearance by Jennifer B Furey on behalf of Carbonite, Inc. (Furey, Jennifer)
Jan 26, 2022 131 Notice of Withdrawal of Appearance (2)
Docket Text: NOTICE of Withdrawal of Appearance by Irwin B. Schwartz (Schwartz, Irwin)
Jan 26, 2022 132 Notice of Appearance (2)
Docket Text: NOTICE of Appearance by Alex Worgaftik Dockery on behalf of Carbonite, Inc. (Dockery, Alex)
Jan 10, 2022 129 Notice of Withdrawal of Appearance (2)
Docket Text: NOTICE of Withdrawal of Appearance by Sara W. Khan (Khan, Sara)
Dec 21, 2021 128 Order (26)
Docket Text: Judge Indira Talwani: ORDER ON CLAIM CONSTRUCTION (Dore, Samantha)
Sep 30, 2021 N/A Status Conference (0)
Docket Text: Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Status Conference held on 9/30/2021. Case called. Claim construction decision to issue; remainder of case to be stayed. Counsel shall file a status report 14 days after the appeals court in Delaware issues their decision. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Paul A. Kroeger, Janine A. Carlan, Elizabeth M Manno, Irwin B. Schwartz Jasjit S. Vidwan, Timothy J. Carroll) (MacDonald, Gail)
Sep 24, 2021 N/A Order (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER ALLOWING [122] Stipulation to Stay Action Pending Appeal. The Status Conference set for 9/30/2021 is cancelled. (Kelly, Danielle)
Sep 24, 2021 124 Motion for Hearing (4)
Docket Text: MOTION for Hearing by Carbonite, Inc..(Carroll, Timothy)
Sep 24, 2021 N/A Order (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER ALLOWING [124] Motion for Hearing. Status Conference set for 9/30/2021 03:30 PM in Remote Proceeding : Boston before Judge Indira Talwani.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Kelly, Danielle)
Sep 22, 2021 122 Stipulation (4)
Docket Text: STIPULATION re [104] Order Lifting Stay, --STIPULATION TO STAY ACTION PENDING APPEAL by Realtime Data LLC. (Kroeger, Paul)
Sep 21, 2021 N/A Terminate Motions (0)
Docket Text: Judge Indira Talwani: ORDER entered granting [120] MOTION for Hearing filed by Carbonite, Inc. Status Conference set for 9/30/2021 03:30 PM in Remote Proceeding : Boston before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail)
Sep 20, 2021 120 Motion for Hearing (4)
Docket Text: MOTION for Hearing by Carbonite, Inc..(Carroll, Timothy)
Sep 20, 2021 121 Response to Motion (4)
Docket Text: RESPONSE to Motion re [120] MOTION for Hearing filed by Realtime Data LLC. (Kroeger, Paul)
Aug 4, 2021 119 Notice of Withdrawal of Appearance (2)
Docket Text: NOTICE of Withdrawal of Appearance by Tony K. Lu for Defendant, Carbonite, Inc. (Lu, Tony)
Jul 27, 2021 117 Notice of Appearance (2)
Docket Text: NOTICE of Appearance by Irwin B. Schwartz on behalf of Carbonite, Inc. (Schwartz, Irwin)
Jul 27, 2021 118 Notice of Appearance (2)
Docket Text: NOTICE of Appearance by Sara W. Khan on behalf of Carbonite, Inc. (Khan, Sara)
May 18, 2021 N/A Order on Motion for Leave to Appear (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER ALLOWING [115] Assented to Motion for Leave to Appear Pro Hac Vice Added Elizabeth M. Manno. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle)
Mar 15, 2021 N/A Order on Motion to Withdraw as Attorney (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER ALLOWING [113] Motion to Withdraw as Attorney. Attorney Jaimin H. Shah terminated. (Kelly, Danielle)
Mar 12, 2021 113 Motion to Withdraw as Attorney (3)
Docket Text: MOTION to Withdraw as Attorney Jaimin H. Shah by Carbonite, Inc., Carbonite, Inc.(Consolidated).(Shah, Jaimin)
Feb 16, 2021 111 Transcript (138)
Docket Text: Transcript of Markman Hearing held on January 21, 2021, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 3/9/2021. Redacted Transcript Deadline set for 3/19/2021. Release of Transcript Restriction set for 5/17/2021. Associated Cases: 1:17-cv-11279-IT, 1:17-cv-12499-IT, 1:18-cv-12227-IT(Coppola, Katelyn)
Feb 16, 2021 N/A Notice of Filing of Official Transcript (0)
Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:17-cv-11279-IT, 1:17-cv-12499-IT, 1:18-cv-12227-IT(Coppola, Katelyn)
Jan 21, 2021 109 Order on Motion to Dismiss (1)
Docket Text: Judge Indira Talwani: ORDER entered. Order Dismissing Claims of U.S. Patent No. 8,717,204 as Moot. Please see attached. (Kelly, Danielle)
Jan 21, 2021 N/A Markman Hearing (0)
Docket Text: Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Markman Hearing held on 1/21/2021. Case called. Court heard tutorials and argument from counsel. The court will review terms and issue a decision. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Philip Wang, Paul Kroeger, Janine Carlan, Michael Burns, Nick Papastavros, Timothy J. Carroll) Associated Cases: 1:17-cv-11279-IT, 1:18-cv-12227-IT(MacDonald, Gail)
Jan 20, 2021 106 Notice (Other) (4)
Docket Text: NOTICE by Carbonite, Inc. Joint Notice Regarding Claim Construction (Lu, Tony)
Jan 20, 2021 107 Notice (Other) (5)
Docket Text: NOTICE by Acronis, Inc. Ltd Joint Notice Regarding Claim Construction (Carlan, Janine)
Dec 14, 2020 N/A Notice regarding mandatory use of ECF (0)
Docket Text: NOTICE issued to Attorney Steven M. Lubezny & Timothy J. Carroll regarding mandatory use of ECF in compliance with Local Rule 5.4. Failure to comply may result in the imposition of sanctions. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle)
Dec 11, 2020 N/A Order Lifting Stay (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER: In light of the Joint Status Report [92] stating that an opinion has issued in Realtime Data, LLC,'s appeal of judgments issued by the District Court for the District of Delaware, the stay entered on August 19, 2019, has been lifted. (Kelly, Danielle)
Dec 9, 2020 103 Motion to Withdraw as Attorney (2)
Docket Text: NOTICE of Withdrawal of Appearance as Counsel by Carbonite, Inc., Carbonite, Inc.(Consolidated).(Schwartz, Irwin) Modified on 12/10/2020: corrected docket text to properly reflect filing (Kelly, Danielle).
Nov 16, 2020 N/A Status Conference (0)
Docket Text: Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Status Conference held on 11/16/2020. Case called. Court had colloquy with counsel. Markman hearing to be set for 1/21/2021 at 9:30 a.m., with 1/20/2021 "penciled in" if overflow time is needed; the court will decide ahead of time. Counsel are welcome to let the court know if there are any developments in Delaware. Plaintiff's counsel to officially (on ECF) file a motion to dismiss the '204 patent; no obj. Markman Hearing set for 1/21/2021 09:30 AM in Remote Proceeding : Boston before Judge Indira Talwani. 1/20/2021 also set, for backup This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.) (Attorneys present: Paul A. Kroeger, Timothy J. Carroll, Tony K. Lu, Elizabeth A. Houlding, Janine A. Carlan) (MacDonald, Gail)
Nov 12, 2020 N/A Order on Motion for Leave to Appear (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING [99] Motion for Leave to Appear Pro Hac Vice Added Steven M. Lubezny.; ALLOWING [100] Motion for Leave to Appear Pro Hac Vice Added Jaimin H. Shah. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle)
Nov 10, 2020 94 Notice of Appearance (2)
Docket Text: NOTICE of Appearance by Tony K. Lu on behalf of Carbonite, Inc., Carbonite, Inc.(Consolidated) (Lu, Tony)
Nov 10, 2020 N/A Order on Motion for Leave to Appear (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING [95] Motion for Leave to Appear Pro Hac Vice Added Manny J. Caixeiro. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle)
Nov 10, 2020 N/A Order on Motion for Leave to Appear (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING [97] Motion for Leave to Appear Pro Hac Vice Added Timothy J. Carroll. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle)
Nov 9, 2020 N/A Notice of Hearing (0)
Docket Text: ELECTRONIC NOTICE of Hearing. Telephonic Status Conference set for 11/16/2020 02:45 PM in Remote Proceeding: Boston before Judge Indira Talwani. Teleconference #: (888)-808-6929 access code: 8523158. (MacDonald, Gail)
Aug 19, 2019 N/A Case Stayed (0)
Docket Text: Judge Indira Talwani: ORDER entered. Case stayed. (Vieira, Leonardo)
Aug 19, 2019 N/A Order (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered: APPROVING the parties' Stipulation to Stay Action Pending Appeal [89]. All proceedings in this case are stayed pending the final resolution of the appeals to the Federal Circuit (the "Appeals") of the judgments in Realtime Data, LLC v. Fortinet, Inc., United States District Court for the District of Delaware, C.A. No. 17-1635 (D.I. 61); Realtime Data, LLC v. Reduxio Systems, Inc., United States District Court for the District of Delaware, CA, No. 17-cv-1676 (D.I. 48); Realtime Data, LLC v. Panzura, Inc., United States District Court for the District of Delaware, C.A. No. 18-1200 (D.I. No. 44); Realtime Data, LLC v. Aryaka Networks, Inc., United States District Court for the District of Delaware, C.A. No. 18-2062 (D.I. 25), or further order of the court. No later than 14 days after the final resolution of the Appeals, the parties shall meet and confer and file a status report with the court advising the court of the outcome of the Appeals. (Vieira, Leonardo)
Aug 16, 2019 89 Stipulation (5)
Docket Text: STIPULATION TO STAY ACTION PENDING APPEAL by Carbonite, Inc.. (Qureshi, Wasif)
May 6, 2019 87 Transcript (24)
Docket Text: Transcript of Hearing on Motion to Stay held on March 12, 2019, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com Redaction Request due 5/28/2019. Redacted Transcript Deadline set for 6/6/2019. Release of Transcript Restriction set for 8/5/2019. (Scalfani, Deborah)
May 6, 2019 N/A Notice of Filing of Official Transcript (0)
Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
Mar 21, 2019 N/A Notice requesting courtesy copy (0)
Docket Text: ELECTRONIC NOTICE issued requesting courtesy copy for [81] Brief, and [82] Markman Brief. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by. These documents must be clearly marked as a Courtesy Copy, reflect the document number assigned by CM/ECF, and be placed in a tabbed binder. Courtesy copies due c.o.b. 3/28/19. (MacDonald, Gail)
Mar 12, 2019 N/A Order on Motion to Stay (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered. Acronis's Motion to Stay [52] ALLOWED in part and DENIED in part. In light of the PTAB's institution of two IPR proceedings on the '204 patent, and after consideration of the stage of the litigation, whether a stay will simplify the issues in question, and whether a stay will unduly prejudice or present a clear tactical disadvantage to Plaintiff, those proceedings relating solely to the '204 patent, including construction of the 4th and 9th terms identified by the parties in their Joint Claim Construction and Prehearing Statement [76], are stayed pending further court order, and the Motion is otherwise DENIED. In the interest of efficient case management, further discovery as to all patents is stayed during claim construction, except as necessary for claim construction. Any disputes as to discovery that is permitted during this period may be brought to court's attention by a brief email to the courtroom clerk (with a copy to opposing counsel) requesting a conference. The scope of further discovery as it relates to the '204 parent may be raised at the claim construction hearing or following the court's issuance of a claim construction decision. (adminn, )
Mar 12, 2019 N/A Motion Hearing (0)
Docket Text: Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 3/12/2019 re [52] MOTION to Stay filed by Acronis, Inc. Ltd. Court hears argument from counsel. Order to follow. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com.)(Attorneys present: Godkin, Wang, Qureshi, David, Carlan, Vidwan) (MacDonald, Gail)
Mar 6, 2019 N/A Order on Motion for Leave to File Excess Pages (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER allowing in part and denying in part Defendants' motion [77]. Defendants seek leave for both sides to exceed page limits for opening and responsive claim construction briefs. In support of the motion, Defendants state that the additional pages sought are necessary to adequately present evidence and argument applicable to each of nine disputed claim terms. The motion is allowed as to opening claim construction briefs for this reason. Counsel shall nonetheless endeavor to avoid all unnecessary verbiage and redundant arguments, and where possible, file briefs shorter than the maximum allowed. The motion is denied as to reply briefs, which should be limited to addressing unanticipated arguments and not repeating arguments set forth in the opening briefs. Defendants' argument that the instant motion should be granted as a matter of equity is rejected. If the Defendants are seeking different construction of the two terms, the argument might have some force. But where the purpose of the briefs is to convince the court of Defendants' single position, additional paper will not be determined by the number of Defendants. Accordingly, the page limit for opening claim construction briefs is increased to 30 pages and for responsive claim construction briefs remains 20 pages. (MacDonald, Gail)
Feb 5, 2019 N/A Order (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER: Defendants' requests for claim construction bifurcation [49], [66] is hereby DENIED.(Haran, Jodi)
Jan 2, 2019 N/A Notice of Hearing on Motion (0)
Docket Text: ELECTRONIC NOTICE Setting Hearing on Motion [52] MOTION to Stay : Motion Hearing set for 3/12/2019 02:30 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail)
Jan 2, 2019 N/A Notice regarding mandatory use of ECF (0)
Docket Text: NOTICE issued to Attorney James N. Pickens regarding mandatory use of ECF in compliance with Local Rule 5.4. Failure to comply may result in the imposition of sanctions. (MacDonald, Gail)
Jan 2, 2019 N/A Copy Mailed (0)
Docket Text: Copy re [72] Notice regarding mandatory use of ECF, [71] Notice of Hearing on Motion mailed to James N. Pickens (MacDonald, Gail)
Jan 2, 2019 74 Notice (Other) (4)
Docket Text: Notice of Withdrawal of Appearance of James N. Pickens filed by Attorney C. Jay Chun by Realtime Data LLC re [72] Notice regarding mandatory use of ECF (Chung, C.) Modified text on 1/3/2019 (DaSilva, Carolina).
Aug 23, 2018 69 Answer to Counterclaim (9)
Docket Text: REALTIME DATA LLC d/b/a IXOS ANSWER to Counterclaim TO PLAINTIFF COMPLAINT by Realtime Data LLC.(Chung, C.)
Aug 10, 2018 68 Amended Answer to Complaint (18)
Docket Text: AMENDED ANSWER to [1] Complaint, with Jury Demand, AFFIRMATIVE DEFENSES, AND, COUNTERCLAIM against Realtime Data LLC by Carbonite, Inc., Carbonite, Inc.. (Qureshi, Wasif)
Jul 26, 2018 67 Notice (Other) (2)
Docket Text: NOTICE by Carbonite, Inc. of Service of Invalidity Contentions and Non-Infringement Contentions (Qureshi, Wasif)
Jun 22, 2018 66 Statement of counsel (7)
Docket Text: STATEMENT OF COUNSEL On Bifurcation of Claim Construction by Carbonite, Inc.. (Qureshi, Wasif)
May 31, 2018 N/A Notice requesting courtesy copy (0)
Docket Text: ELECTRONIC NOTICE issued requesting courtesy copy for [63] Notice of Supplemental Authorities. Counsel who filed the document are requested to submit a courtesy copy to the Clerk's Office by June 5, 2018. These documents must be clearly marked as a Courtesy Copy, contain appropriate (number/letter) tabs, reflect the document number assigned by CM/ECF, and be placed in a 3-ring binder. (DaSilva, Carolina)
May 29, 2018 62 Scheduling Order (10)
Docket Text: Judge Indira Talwani: ORDER entered. CONSOLIDATED SCHEDULING ORDER. Motions to Amend Pleadings due by 8/10/2018. See Attached Order. Associated Cases: 1:17-cv-11279-IT, 1:17-cv-12499-IT(DaSilva, Carolina)
May 25, 2018 N/A Order consolidating cases (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered. ORDER consolidating cases 17-cv-11279-IT and 17-cv-12499-IT. ALL FURTHER PLEADINGS SHOULD BE FILED IN THE LEAD CASE 17-cv-11279-IT. Associated Cases: 1:17-cv-11279-IT, 1:17-cv-12499-IT(DaSilva, Carolina)
May 25, 2018 60 Transcript (27)
Docket Text: Transcript of Scheduling Conference held on May 16, 2018, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Cheryl Dahlstrom at cheryldahlstrom@comcast.net Redaction Request due 6/15/2018. Redacted Transcript Deadline set for 6/25/2018. Release of Transcript Restriction set for 8/23/2018. Associated Cases: 1:17-cv-11279-IT, 1:17-cv-12499-IT(Scalfani, Deborah)
May 25, 2018 N/A Notice of Filing of Official Transcript (0)
Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:17-cv-11279-IT, 1:17-cv-12499-IT(Scalfani, Deborah)
May 15, 2018 58 Letter/request (non-motion) (2)
Docket Text: Letter/request (non-motion) from Janine Carlan regarding attendance at scheduling conference. (Carlan, Janine)
Mar 27, 2018 N/A Notice requesting courtesy copy (0)
Docket Text: ELECTRONIC NOTICE issued requesting courtesy copy for [56] Opposition to Motion. Counsel who filed the document are requested to submit a courtesy copy to the Clerk's Office by March 29, 2018. These documents must be clearly marked as a Courtesy Copy, contain appropriate (number/letter) tabs, reflect the document number assigned by CM/ECF, and be placed in a 3-ring binder. (DaSilva, Carolina)
Mar 26, 2018 55 Notice (Other) (3)
Docket Text: NOTICE by Acronis, Inc. Ltd of Additional Inter Partes Review Decisions (Carlan, Janine)
Mar 14, 2018 N/A Notice requesting courtesy copy (0)
Docket Text: ELECTRONIC NOTICE issued requesting courtesy copy for [52] MOTION to Stay, [53] Memorandum in Support of Motion. Counsel who filed the document are requested to submit a courtesy copy to the Clerk's Office by March 16, 2018. These documents must be clearly marked as a Courtesy Copy, contain appropriate (number/letter) tabs, reflect the document number assigned by CM/ECF, and be placed in a 3-ring binder. (DaSilva, Carolina)
Mar 12, 2018 51 Notice (Other) (3)
Docket Text: NOTICE by Acronis, Inc. Ltd of Filing of Petitions for IPR (Carlan, Janine)
Dec 5, 2017 N/A Notice requesting courtesy copy (0)
Docket Text: ELECTRONIC NOTICE issued requesting courtesy copy for [46] Preliminary Invalidity and Non-Infringement Contentions, [47] Preliminary Invalidity and Non-Infringement Contentions. Counsel who filed the document are requested to submit a courtesy copy to the Clerk's Office by December 8, 2017. These documents must be clearly marked as a Courtesy Copy, contain appropriate (number/letter) tabs, reflect the document number assigned by CM/ECF, and be placed in a 3-ring binder. (DaSilva, Carolina)
Dec 4, 2017 47 Preliminary Invalidity and Non-Infringement Contentions (30)
Docket Text: Preliminary Invalidity and Non-Infringement Contentions by Acronis, Inc. Ltd. (Vidwan, Jasjit)
Nov 28, 2017 43 Protective Order (16)
Docket Text: Judge Indira Talwani: ORDER entered. PROTECTIVE ORDER. (MacDonald, Gail)
Nov 28, 2017 44 Order (5)
Docket Text: Judge Indira Talwani: E-DISCOVERY ORDER entered. (MacDonald, Gail)
Nov 28, 2017 45 Order (2)
Docket Text: Judge Indira Talwani: ORDER entered re [43] Protective Order. (MacDonald, Gail)
Oct 27, 2017 42 Answer to Counterclaim (8)
Docket Text: ANSWER to Counterclaim by Realtime Data LLC.(Chung, C.)
Oct 20, 2017 40 Scheduling Order (4)
Docket Text: Judge Indira Talwani: ORDER entered. AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 12/20/2017. Preliminary Disclosure of the Claims Infringed due by 10/20/2017. See Attached Order.(DaSilva, Carolina)
Oct 20, 2017 41 Preliminary Disclosure of the Claims Infringed (5)
Docket Text: Preliminary Disclosure of the Claims Infringed by Realtime Data LLC. (Chung, C.)
Oct 12, 2017 39 Proposed Document(s) submitted (9)
Docket Text: Proposed Document(s) submitted by Acronis, Inc. Ltd. Document received: Proposed Scheduling Order. (Vidwan, Jasjit)
Oct 6, 2017 38 Answer to Amended Complaint (20)
Docket Text: ANSWER to [31] Amended Complaint , Separate Defenses, and, COUNTERCLAIM (s) against Realtime Data LLC by Acronis, Inc. Ltd.(Carlan, Janine)
Oct 3, 2017 36 Transcript (30)
Docket Text: Transcript of Scheduling Conference held on September 20, 2017, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Cheryl Dahlstrom at cheryldahlstrom@comcast.net Redaction Request due 10/24/2017. Redacted Transcript Deadline set for 11/3/2017. Release of Transcript Restriction set for 1/2/2018. (Scalfani, Deborah)
Oct 3, 2017 N/A Notice of Filing of Official Transcript (0)
Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
Sep 29, 2017 35 Scheduling Order (3)
Docket Text: Judge Indira Talwani: ORDER entered. SCHEDULING ORDER: Motions to Amend Pleadings due by 12/20/2017. Preliminary Disclosure of the Claims Infringed due by 10/20/2017. See Attached Order.(DaSilva, Carolina)
Sep 25, 2017 N/A Order on Motion to Dismiss (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered DENYING AS MOOT [25] MOTION to Dismiss For Partial Dismissal Under Fed. R. Civ. P. 12(b)(6). (DaSilva, Carolina)
Sep 22, 2017 31 Amended Complaint* (1)
Sep 22, 2017 32 Response to Motion (4)
Docket Text: RESPONSE to Motion re [25] MOTION to Dismiss For Partial Dismissal Under Fed. R. Civ. P. 12(b)(6) filed by Realtime Data LLC. (Chung, C.)
Sep 20, 2017 N/A Scheduling Conference (0)
Docket Text: Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 9/20/2017. Case called. Court has colloquy with counsel. Parties to jointly report to clerk any request for ADR. IPRs are pending. Counsel to draft a list of claims and a proposal of how to proceed; counsel to file a proposal regarding bifurcation. Order to follow. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@comcast.net.)(Attorneys present: Godkin, Chung, Carlan, Houlding) (MacDonald, Gail)
Sep 12, 2017 N/A Order on Motion to Continue (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered DENYING [28] Joint MOTION to Continue Initial Scheduling Conference. The court does not intend to address the recently filed partial [25] motion to dismiss at the scheduling conference, and will set argument on that motion, if needed, after briefing is complete. (DaSilva, Carolina)
Sep 11, 2017 27 Corporate Disclosure Statement (3)
Docket Text: CORPORATE DISCLOSURE STATEMENT by Acronis, Inc. Ltd identifying Corporate Parent Acronis Inc. (BVI) for Acronis, Inc. Ltd.. (Vidwan, Jasjit)
Sep 11, 2017 28 Motion to Continue (4)
Docket Text: Joint MOTION to Continue Initial Scheduling Conference to First Date after October 9, 2017 by Acronis, Inc. Ltd.(Vidwan, Jasjit)
Sep 8, 2017 N/A Order on Motion for Extension of Time to Answer (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING IN PART [22] Consent MOTION for Extension of Time. The court allows Defendant until October 4, 2017, (14 days after the September 20, 2017 scheduling conference) to answer allegations in the complaint. Defendant's request for additional time (beyond October 4) may be raised at the scheduling conference. (DaSilva, Carolina)
Sep 7, 2017 23 Memorandum in Support of Motion (8)
Docket Text: MEMORANDUM in Support re [22] Consent MOTION for Extension of Time to 14 days after issuance of an Order on Acronis Inc.'s Motion to Dismiss to File Answer filed by Acronis, Inc. Ltd. (Vidwan, Jasjit)
Aug 29, 2017 21 Corporate Disclosure Statement (2)
Docket Text: CORPORATE DISCLOSURE STATEMENT by Realtime Data LLC. (Godkin, David)
Aug 23, 2017 19 Notice of Scheduling Conference (11)
Docket Text: NOTICE of Scheduling Conference Scheduling Conference set for 9/20/2017 02:45 PM in Courtroom 9 before Judge Indira Talwani. SEE attached NOTICE. (MacDonald, Gail) (Main Document 19 replaced on 8/23/2017. Notice was replaced with corrected Notice that contains patent language) (MacDonald, Gail).
Aug 23, 2017 N/A Notice of correction to docket made by Court staff (0)
Docket Text: Notice of correction to docket made by Court staff. Correction: Notice of Scheduling Conference was replaced with a corrected Notice that contained appropriate patent language. (MacDonald, Gail)
Aug 2, 2017 N/A Order on Motion for Extension of Time to Answer (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING [14] Assented-to Motion for Extension of Time to Answer. Defendant shall respond to Plaintiff's Complaint no later than September 8, 2017. (DaSilva, Carolina)
Aug 2, 2017 N/A Order on Motion for Leave to Appear (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING [15] Motion for Leave to Appear Pro Hac Vice ; ALLOWING [16] Motion for Leave to Appear Pro Hac Vice . Added Janine A. Carlan & Jasjit S. Vidwan Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (DaSilva, Carolina)
Jul 31, 2017 13 Notice of Appearance (2)
Docket Text: NOTICE of Appearance by James E. Kruzer on behalf of Realtime Data LLC (Kruzer, James)
Jul 31, 2017 14 Motion for Extension of Time to File Answer (2)
Docket Text: Assented to MOTION for Extension of Time to 9/8/2017 to File Answer re [1] Complaint, by Acronis, Inc. Ltd.(David, Allen)
Jul 28, 2017 N/A Order on Motion for Leave to Appear (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING [7] Motion for Leave to Appear Pro Hac Vice. Added C. Jay Chungo, Christian Conkle, Marc A. Fenster, Adam S. Hoffman, Paul A. Kroeger. Reza Mirzaie. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (DaSilva, Carolina)
Jul 28, 2017 N/A Order on Motion for Leave to Appear (0)
Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING [8] Motion for Leave to Appear Pro Hac Vice. Added James N. Pickens & Philip X. Wang. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (DaSilva, Carolina)
Jul 28, 2017 11 Notice of Appearance (1)
Docket Text: NOTICE of Appearance by Allen N. David on behalf of Acronis, Inc. Ltd (David, Allen)
Jul 28, 2017 12 Notice of Appearance (1)
Docket Text: NOTICE of Appearance by Elizabeth A. Houlding on behalf of Acronis, Inc. Ltd (Houlding, Elizabeth A.)
Jul 24, 2017 6 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed Acronis, Inc. Ltd served on 7/14/2017, answer due 8/4/2017. (Godkin, David)
Jul 13, 2017 1 Main Document (24)
Jul 13, 2017 1 Exhibit A (79)
Jul 13, 2017 2 Exhibit B (39)
Jul 13, 2017 3 Exhibit C (62)
Jul 13, 2017 4 Exhibit D (49)
Jul 13, 2017 5 Civil Cover Sheet (2)
Jul 12, 2017 3 Civil Cover Sheet & Category Sheet (1)
Docket Text: Civil Cover Sheet & Category Sheet re [1] Complaint, by Realtime Data LLC. (Godkin, David)
Jul 12, 2017 1 Complaint* (1)
Jul 12, 2017 2 Report on the filing/termination of patent/trademark case (1)
Docket Text: REPORT ON THE FILING/TERMINATION OF AN ACTION REGARDING PATENT OR TRADEMARK. (Godkin, David)
Jul 12, 2017 N/A Notice of Case Assignment (0)
Docket Text: ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (adminn, )
Jul 12, 2017 5 Summons Issued (2)
Docket Text: Summons Issued as to Acronis, Inc. Ltd. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Burgos, Sandra)
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