Case number 1:18-cv-00549
Rensselaer Polytechnic Institute et al. v. Amazon.com, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 4, 2024 | 456 | MOTION for Leave to File Documents Under Seal (Renewed) Submittted Pursuant to Order 455 filed by Amazon.com, Inc.. Response to Motion due by 10/25/2024 (Attachments: # 1 Proposed Order/Judgment, # 2 Memorandum of Law, # 3 Declaration of Jeremy A. Anapol, # 4 Exhibit(s) Redacted Ex. 5, # 5 Exhibit(s) Redacted Ex. FF, # 6 Declaration of Jeffrey H. Dean, # 7 Declaration of Will Ambrosini, # 8 Declaration of Ying Shi) Motions referred to Therese Wiley Dancks. (Anapol, Jeremy) (Entered: 10/04/2024) (0) |
| Sep 5, 2024 | 455 | TEXT ORDER: Defendant's motion to treat any documents for which a party's request to seal has recently been denied as withdrawn under Local Rule 5.3(d) 446 is DENIED. Local Rule 5.3(d) states: "Should an application to seal be denied, the documents sought to be sealed will be treated as withdrawn and will not be considered by the Court. The documents will be returned to the party advancing the request. The requesting party shall retain all submitted documents for a period of not less than sixty days after all dates for appellate review have expired." And Defendant argues that after the Court denied certain sealing motions in its March 7, 2024 decision, the Court then "resolved this case in its March 18[, 2024 decision] granting summary judgment" without relying "on any materials that the parties had sought to seal." (Dkt. No. 446, at 1). However, the Court denied Defendant's motion to seal with leave to renew 440 . And in light of the Court's decision granting summary judgment and the present need to preserve the record for appellate review, as well as Defendant's own recognition that the documents at issue may ultimately be requisite parts of the record, (see id. (requesting that "such withdrawal be without prejudice to resubmission in the unlikely event the documents become relevant")), withdrawal of these documents would be improper. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 123 (2d Cir. 2006) ("As a matter of law... contested documents-by virtue of having been submitted to the court as supporting material in connection with a motion for summary judgmentare unquestionably judicial documents."). Defendant's motion to redact certain information contained in various documents submitted to the Court in connection with the parties' motions for summary judgment 448 is also DENIED. In support of this motion, Defendant relies on a declaration by Attorney Jeremy A. Anapol, who represents Defendant in this case. (Dkt. No. 448-2). But while Mr. Anapol outlines the allegedly sensitive nature of the content of the documents at issue, (see, e.g., id. 5 ("Several of these documents provide a detailed description of Amazon's philosophy for a particular portion of Alexa, along with future plans and strategies for that portion"), and repeatedly refers to this content as "highly confidential," (see, e.g., id. 4), Mr. Anapol does not purport to have personal knowledge of the facts that would warrant sealing. See Prescient Acquisition Grp., Inc. v. MJ Pub. Tr., 487 F. Supp. 2d 374, 375 (S.D.N.Y. 2007) (noting that in asking the parties to address motion to seal, the court had "directed any party seeking to maintain a document under seal to submit 'an affidavit by a person with personal knowledge of the facts, i.e. not merely counsel of record'"); Bayer Schera Pharma AG v. Sandoz, Inc., Nos. 08-cv-03710, 08-cv-08112, 2009 WL 10699031 at *2, 2009 U.S. Dist. LEXIS 141775, at *11-12 (S.D.N.Y. Nov. 12, 2009) (denying motion to seal because, inter alia, "declaration from [plaintiff's] attorney cannot and does not establish that the documents... were maintained as confidential"). Any renewed motion to seal must be filed within 30 days of the date of this decision and must be supported by a sworn statement from an individual with personal knowledge. SO ORDERED by Chief Judge Brenda K. Sannes on 9/5/2024. (nmk) (Entered: 09/05/2024) (0) |
| Apr 19, 2024 | 454 | ELECTRONIC NOTICE OF APPEAL AND CERTIFICATION OF RECORD TO THE FEDERAL CIRCUIT re 452 Notice of Appeal: Clerk's Certification # 454 , Notice of Appeal # 452 , Memorandum-Decision and Order # 443 , Judgment # 444 , and a certified copy of District Court docket sheet transmitted to the Federal Circuit was emailed on 4/19/2024. (hmr) (Entered: 04/19/2024) (1) |
| Apr 18, 2024 | 453 | VACATED ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re 452 Notice of Appeal. (hmr) Modified on 4/19/2024 (hmr). (Entered: 04/18/2024) (1) |
| Apr 17, 2024 | 452 | Notice of Appeal* (1) |
| Mar 28, 2024 | 451 | TRANSCRIPT of Proceedings: Motion Hearing held on 3/14/2024 before Judge Brenda K. Sannes, Court Reporter: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/18/2024. Redacted Transcript Deadline set for 4/29/2024. Release of Transcript Restriction set for 6/26/2024. Notice of Intent to Redact due by 4/2/2024 (jlh, ) (Entered: 03/28/2024) (64) |
| Mar 26, 2024 | 450 | TEXT ORDER granting 449 Letter Request for the reasons stated. Attorney Jon W. Gurka is no longer representing defendant Amazon.com, Inc. and will be terminated from the docket of the case. Defendant Amazon.com, Inc. continues to be represented by counsel of record. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/26/2024. (sg) (Entered: 03/26/2024) (0) |
| Mar 25, 2024 | 449 | Letter Motion from Jeremy A. Anapol for Amazon.com, Inc., Amazon.com, Inc. requesting remove Jon W. Gurka from the docket submitted to Judge Hon. Therese Wiley Dancks . (Anapol, Jeremy) (Entered: 03/25/2024) (1) |
| Mar 22, 2024 | 447 | RESPONSE TO LETTER BRIEF filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute as to 446 Letter Request/Motion, filed by Amazon.com, Inc., 440 Order on Motion for Leave to File,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,, . (Zhu, Li) (Entered: 03/22/2024) (2) |
| Mar 22, 2024 | 448 | MOTION for Leave to File Documents Under Seal (Renewed) Submitted Pursuant to Order 440 filed by Amazon.com, Inc.. Response to Motion due by 4/12/2024 (Attachments: # 1 Memorandum of Law, # 2 Declaration of Jeremy A. Anapol, # 3 Exhibit(s) 5, # 4 Exhibit(s) FF, # 5 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Anapol, Jeremy) (Entered: 03/22/2024) (0) |
| Mar 20, 2024 | 446 | Letter Motion from Jeremy A. Anapol for Amazon.com, Inc., Amazon.com, Inc. requesting that Dkt. No. 440 be modified to treat certain documents as withdrawn under Local Rule 5.3(d) submitted without opposition submitted to Judge Brenda K. Sannes, Chief U.S. District Judge . (D'Agostino, Mary) (Entered: 03/20/2024) (3) |
| Mar 18, 2024 | 443 | MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that Plaintiffs' motion for summary judgment, (Dkt. No. 390 ), is DENIED. It is further ORDERED that Defendant's motion for summary judgment, (Dkt. No. 384 ), is GRANTED and Plaintiffs' complaint, (Dkt. No. 1 ), is DISMISSED with prejudice. It is further ORDERED that the parties' related motions, (Dkt. Nos. 383 , 386 , 388 , 390 , 411 ), are DENIED as moot. It is further ORDERED that the Clerk serve a copy of this Order on the parties in accordance with the Local Rules. It is further ORDERED that the Clerk is directed to close this case. Signed by Chief Judge Brenda K. Sannes on 3/18/2024. (nmk) (Entered: 03/18/2024) (23) |
| Mar 18, 2024 | 444 | JUDGMENT: in favor of Amazon.com, Inc. against CF Dynamic Advances LLC and Rensselaer Polytechnic Institute. (nmk) (Entered: 03/18/2024) (2) |
| Mar 18, 2024 | 445 | Report on the Determination of an Action regarding patent number 7,177,798 B2. (nmk) (Entered: 03/18/2024) (1) |
| Mar 15, 2024 | 441 | TRANSCRIPT REQUEST by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute for proceedings held on 3/14/2024 before Judge Brenda K. Sannes.. (Huang, Annie) (Entered: 03/15/2024) (3) |
| Mar 15, 2024 | 442 | TRANSCRIPT REQUEST by Amazon.com Inc, Amazon.com, Inc. for proceedings held on 3/14/2024 before Judge Brenda K. Sannes, Chief U.S. District Judge.. (D'Agostino, Mary) (Entered: 03/15/2024) (3) |
| Mar 7, 2024 | 439 | TEXT ORDER: At the upcoming hearing on 3/14/24, the Court is particularly interested in argument on the issue of whether the patent claims are eligible for patent protection under the two-step test in Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 217 (2014). SO ORDERED by Chief Judge Brenda K. Sannes on 3/7/2024. (nmk) (Entered: 03/07/2024) (0) |
| Mar 7, 2024 | 440 | MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that the parties' motions to seal, (Dkt. Nos. 385 , 387 , 389 , 391 , 402 , 404 , 406 , 408 , 412 , 415 , 417 , 419 , 421 ), are GRANTED in part and DENIED in part without prejudice to renewal in accordance with this Decision. It is further ORDERED that the Clerk of Court shall SEAL the unredacted versions of the following submissions: (1) memorandum of law in support of Defendant's motion for summary judgement, (Dkt. No. 384-1); (2) memorandum of law in support of Defendant's motion to exclude opinion and testimony of Devrim Ikizler, (Dkt. No. 386-1); (3) memorandum of law in opposition to Plaintiffs' motion to exclude the testimony of Jeffrey Kinrich, (Dkt. No. 405); (4) memorandum of law in support of Defendant's motion to strike portions of Plaintiffs' response to Defendant's statement of material facts, (Dkt. No. 411-1); (5) reply memorandum of law in support of Defendant's motion for summary judgment, (Dkt. No. 414); (6) response memorandum of law to Plaintiffs' statement of additional material facts, (Dkt. No. 414-1); (7) reply memorandum of law in support of Defendant's motion to exclude opinion and testimony of Devrim Ikizler, (Dkt. No. 416); (8) statement of material facts, (Dkt. No. 384-2); and (9) Exhibits 3 and 5 to the Heideman declaration, (Dkt. No. 384-4). It is further ORDERED that, with respect to the items for which sealing has been denied, the parties may renew their motions to seal no later than March 22, 2024. It is further ORDERED that, on March 25, 2024, the Clerk of Court shall publicly file those items for which sealing has been denied unless covered by the parties' timely renewed motions to seal. Signed by Chief Judge Brenda K. Sannes on 3/7/2024. (nmk) (Entered: 03/07/2024) (12) |
| Mar 5, 2024 | 438 | TEXT ORDER: The Court has reviewed defense counsel's request 437 for clarification regarding the amount of time for oral argument on 3/14/24. The Court has questions for the parties regarding the motions for summary judgment 384 , 390 , and each party will have 50 minutes for oral argument on those motions. Each party will have ten additional minutes to argue any remaining motions. SO ORDERED by Chief Judge Brenda K. Sannes on 3/5/2024. (nmk) (Entered: 03/05/2024) (0) |
| Feb 26, 2024 | 437 | Letter Motion from John G. Powers for Amazon.com, Inc., Amazon.com, Inc. requesting clarification re: time-allotted by the Court for oral argument submitted to Judge Brenda K. Sannes, Chief U.S. District Judge . (D'Agostino, Mary) (Entered: 02/26/2024) (2) |
| Feb 13, 2024 | 436 | TEXT ORDER: Court has reviewed the Notice of Withdrawal of Appearance (Dkt. No. 435 ), filed as a formal motion and to which no response is required by the Court. Attorney Francois O. Ecclesiaste terminated from the docket as counsel for Plaintiffs. Plaintiffs continue to be represented by counsel of record. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/13/2024. (sg) (Entered: 02/13/2024) (0) |
| Feb 9, 2024 | 435 | MOTION to Withdraw as Attorney for Francois Ecclesiaste filed by CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute. Response to Motion due by 3/1/2024 (Attachments: # 1 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Ecclesiaste, Francois) (Entered: 02/09/2024) (0) |
| Dec 20, 2023 | 434 | TEXT ORDER: Having conducted multiple teleconferences with counsel for the parties in this action, the Court has determined that a settlement conference held at this procedural point in the litigation is unlikely to be productive absent a material change in the parties settlement positions. The parties are therefore absolved of the requirement to submit settlement statements pending further order of this Court. IT IS SO ORDERED by Magistrate Judge David E. Peebles on December 20, 2023. (rep) (Entered: 12/20/2023) (0) |
| Dec 14, 2023 | 433 | TEXT ORDER: Pending further discussions with the Court, the parties' obligation to file settlement statements pursuant to the #432 Text Order is held in abeyance. IT IS SO ORDERED by Magistrate Judge David E. Peebles on December 14, 2023. (rep) (Entered: 12/14/2023) (0) |
| Dec 7, 2023 | 432 | TEXT ORDER: In anticipation of the scheduling of a settlement conference in this matter, the Court ORDERS the following: Not later than December 20, 2023, the parties shall submit directly to Judge Peebles' chambers a short, concise statement setting forth the material facts of the case, together with an indication of which if any are disputed; providing a synopsis of the parties' respective legal positions concerning any issues presented in the case; and outlining any settlement discussions which have occurred. This can be done by emailing the Judge's Courtroom Deputy at Rose_Pieklik@nynd.uscourts.gov. That confidential statement, which shall not be filed with the court clerk and need not be served upon opposing counsel, should also include an assessment of the strength and weaknesses of the party's position in the case together with a candid indication of the party's settlement position and a brief description of any settlement negotiations that have occurred. The statement shall not exceed ten pages and should not include any attachments. If the parties refer to materials that are already on the docket, which are readily available to the Court, they are to reference the docket numbers in their statements. It is hereby SO ORDERED by Magistrate Judge David E. Peebles on December 7, 2023. (rep) (Entered: 12/07/2023) (0) |
| Oct 31, 2023 | 431 | TEXT ORDER: Court reviewed plaintiffs' status report/letter request (Dkt. No. 429 ) regarding the FTC subpoena and a request for a discovery conference to reopen discovery. Court has also reviewed defendants' response (Dkt. No. 430 ) in opposition to the request. Letter request denied. Discovery closed on 5/31/2023 after multiple extensions of the discovery deadline were granted to the parties. (See, e.g., Dkt. Nos. 193 , 198 , 268 , 349 , and Text Minute Entry 6/6/2022.) The Court has inherent authority to control its docket. Plaintiffs acknowledge they were aware of the subject FTC suit on the day discovery closed, and yet they did not address this issue within the time for making discovery motions which expired 6/14/2023. (See N.D.N.Y. Local Rule 37.1(h).) Plaintiffs did seek a discovery motion within the proper timeframe to do so after discovery closed, but that motion involved expert discovery and did not mention the FTC matter. (Dkt. No. 359 .) The Court then held a discovery conference on 6/8/2023, and plaintiffs again did not bring the FTC matter to the Court's attention. (See Text Minute Entry 6/8/2023; see also Dkt. Nos. 367 , 370 .) Further, good cause has not been shown which would support reopening discovery at this late juncture. Further motions, if any, to reopen discovery or related to discovery in any manner will be summarily denied. Discovery is closed. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/31/2023. (sg ) (Entered: 10/31/2023) (0) |
| Oct 30, 2023 | 428 | TEXT ORDER : Court reviewed defendants' letter request (Dkt. No. 427 )for a discovery conference which is denied. Discovery is closed. Plaintiffs are directed to immediately withdraw their subpoena directed to the Federal Trade Commission and file a letter by close of business on 10/30/2023 certifying to the Court that the Subpoena has been withdrawn. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/30/2023. (sg) (Entered: 10/30/2023) (0) |
| Oct 30, 2023 | 429 | RESPONSE TO LETTER BRIEF/Letter Request filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute as to 428 Order on Letter Request, . (Ecclesiaste, Francois) Modified on 10/31/2023 (sg, ). (Entered: 10/30/2023) (2) |
| Oct 30, 2023 | 430 | RESPONSE TO LETTER BRIEF filed by Amazon.com, Inc. as to 429 RESPONSE TO LETTER BRIEF filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute . (Anapol, Jeremy) (Entered: 10/30/2023) (3) |
| Oct 27, 2023 | 427 | LETTER BRIEF to Hon. Thrse Wiley Dancks re: Request for Discovery Conference by Amazon.com, Inc.. (Anapol, Jeremy) Modified on 10/27/2023 (sg, ). (Entered: 10/27/2023) (3) |
| Oct 11, 2023 | 426 | TEXT ORDER: This matter is referred to Magistrate Judge David E. Peebles to conduct a telephone conference with the parties to discuss settlement and for any further settlement discussions. SO ORDERED by Chief Judge Brenda K. Sannes on 10/11/2023. (nmk) (Entered: 10/11/2023) (0) |
| Sep 28, 2023 | 425 | STATUS REPORT to Judge Sannes re: Text Order [Dkt. 424] by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Updated Plaintiffs' Opposition to Motion to Dismiss [Dkt. 312], # 2 Updated Plaintiffs' Supplemental Memo in Opposition to Motion to Dismiss [Dkt. 355])(Zhu, Li) (Entered: 09/28/2023) (0) |
| Sep 15, 2023 | 423 | MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that Defendant Amazon.com, Inc.'s motion to dismiss for lack of Article III standing (Dkt. No. 288 ) is DENIED. Signed by Chief Judge Brenda K. Sannes on 9/15/2023. (nmk) (Entered: 09/15/2023) (33) |
| Sep 15, 2023 | 424 | TEXT ORDER: The Court notes that [288-1] Defendant's Memorandum of Law, 312 Plaintiffs' Memorandum in Opposition, and 355 Plaintiffs' Supplemental Memorandum in Opposition, contain redactions that may no longer be needed in light of 394 Plaintiffs' Renewed Motion to Seal and the Court's 422 Memorandum-Decision and Order. The parties are advised that they must remove all redactions that are no longer necessary and provide the Court with updated versions of the above referenced documents by 9/29/2023. Alternatively, the parties may file a status report by 9/29/2023 indicating that the redactions in Dkt. Nos. 288-1, 312, and 355 are no longer required and the Court will replace those documents with the unredacted versions previously provided to the Court. SO ORDERED by Chief Judge Brenda K. Sannes on 9/15/2023. (nmk) (Entered: 09/15/2023) (0) |
| Sep 6, 2023 | 422 | MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that Plaintiffs' motion to seal (Dkt. No. 394 ) is GRANTED. It is further ORDERED that the Clerk is respectfully directed to publicly file the exhibits Plaintiffs no longer seek to seal: Exhibits C (Patent License Agreement), D (Amended and Restated Patent License Agreement) and E (Termination Agreement). Signed by Chief Judge Brenda K. Sannes on 9/6/2023. (nmk) (Entered: 09/06/2023) (8) |
| Aug 25, 2023 | 420 | RESPONSE in Opposition re 411 MOTION to Strike 407 Response in Opposition to Motion,,, [407-1] Response to Amazon's Statement of Materials Facts filed by Amazon.com, Inc.. filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Zhu, Li) (Entered: 08/25/2023) (16) |
| Aug 25, 2023 | 421 | MOTION for Leave to File Document Under Seal filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 9/15/2023 (Attachments: # 1 Memorandum of Law in Support of Motion for Sealing Order, # 2 Declaration of Li Zhu, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Zhu, Li) (Entered: 08/25/2023) (0) |
| Aug 4, 2023 | 411 | MOTION to Strike 407 Response in Opposition to Motion,,, [407-1] Response to Amazon's Statement of Materials Facts filed by Amazon.com, Inc.. Response to Motion due by 8/25/2023 (Attachments: # 1 Memorandum of Law, # 2 Declaration Nathan D. Reeves, # 3 Exhibit(s) 1, # 4 Exhibit(s) 2, # 5 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Reeves, Nathan) (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 412 | MOTION for Leave to File Under Seal Documents in Support of Motion to Strike Portions of Plaintiffs' Response to Amazon's Statement of Materials Facts (Dkt. No. 411-1) filed by Amazon.com, Inc.. Response to Motion due by 8/25/2023 (Attachments: # 1 Memorandum of Law to seal, # 2 Declaration Nathan D. Reeves, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Reeves, Nathan) (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 413 | REPLY to Response to Motion re 390 MOTION for Summary Judgment On Patentability and Enablement and Daubert to Exclude Related Opinions From Dr. James Allen filed by CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Insti filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Declaration of Li Zhu, # 2 Exhibit 13 - Codd, # 3 Exhibit 14 - Thrift, # 4 Exhibit 15 - Watson)(Zhu, Li) (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 414 | REPLY to Response to Motion re 384 MOTION for Summary Judgment of Invalidity and Noninfringement filed by Amazon.com, Inc.. Motion returnable before Judge Brenda Sannes. filed by Amazon.com, Inc.. (Attachments: # 1 Statement of Material Facts Amazon's Reply Statement in Response to Plaintiffs' Statement of Additional Materials Facts)(Heideman, Colin) (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 415 | MOTION for Leave to File under Seal documents in Support of Amazon's Reply in Support of its Motion for Summary Judgment (Dkt. 414) filed by Amazon.com, Inc.. Response to Motion due by 8/25/2023 (Attachments: # 1 Memorandum of Law Motion to Seal, # 2 Declaration Colin B. Heideman, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Heideman, Colin) (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 416 | REPLY to Response to Motion re 386 MOTION To Exclude Opinion and Testimony of Devrim Ikizler (Daubert Motion) filed by Amazon.com, Inc.. filed by Amazon.com, Inc.. (Attachments: # 1 Declaration Yanna Bouris, # 2 Exhibit(s) 12)(Bouris, Yanna) (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 417 | MOTION for Leave to File Under Seal Documents in Support of Amazon's Reply Memorandum of Laws in Support of Defendant's Motion to Exclude Opinion and Testimony of Devrim Ikizler filed by Amazon.com, Inc.. Response to Motion due by 8/25/2023 (Attachments: # 1 Memorandum of Law Memo to Seal, # 2 Declaration Yanna S. Bouris, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Bouris, Yanna) (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 418 | REPLY to Response to Motion re 388 MOTION for Leave to File Exclude Testimony of Jeffrey Kinrich filed by CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute. filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Declaration of Annie Huang, # 2 Exhibit 8 - Levy Tr (FUS))(Huang, Annie) (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 419 | MOTION for Leave to File Documents Under Seal filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 8/25/2023 (Attachments: # 1 Memorandum of Law in Support of Motion for Sealing Order, # 2 Declaration of Annie Huang, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Huang, Annie) (Entered: 08/04/2023) (0) |
| Jul 27, 2023 | 410 | RESPONSE TO LETTER BRIEF filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute as to 409 LETTER BRIEF filed by Amazon.com, Inc. . (Zhu, Li) (Entered: 07/27/2023) (3) |
| Jul 24, 2023 | 409 | LETTER BRIEF notifying the Court of a recent decision supporting Amazon's pending Motion to Dismiss for Lack of Subject Matter Jurisdiction (Dkt. 288) by Amazon.com, Inc.. (Anapol, Jeremy) (Entered: 07/24/2023) (30) |
| Jul 21, 2023 | 399 | TEXT ORDER: granting 395 , 396 . The Court Clerk is directed to add a notation to 388 and 389 noting that the non-substantive corrections in 395 have been accepted by the Court. The Court Clerk is directed to replace each of the original filings identified in 396 with the corrected filings - that is the corrected versions of 390 , [390-1], [390-2], [390-3] and [390-14] should replace the originally-filed versions of these documents. SO ORDERED by Chief Judge Brenda K. Sannes on 7/21/2023. (nmk) (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 400 | RESPONSE in Opposition re 390 MOTION for Summary Judgment On Patentability and Enablement and Daubert to Exclude Related Opinions From Dr. James Allen filed by CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Insti filed by Amazon.com, Inc.. (Attachments: # 1 Response to Plaintiff's Corrected Statement of Material Facts)(Heideman, Colin) (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 401 | RESPONSE in Opposition re 383 MOTION to Strike Portions of the Expert Report of Dr. Steven Shwartz filed by Amazon.com, Inc.. filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Declaration of Li Zhu ISO Opp to Motion to Strike Shwartz, # 2 Ex. A - Amazon DynamoDB, # 3 Ex. B - 2017 PPT [SEALED], # 4 Ex. C - Dean Depo [SEALED], # 5 Ex. D - Alexa Voice Service, # 6 Ex. E - Pltfs Inf Conts, # 7 Ex. F - AMZN0004773, # 8 Ex. G - AMZN0116554 [SEALED], # 9 Ex. H - AMZN0124831 [SEALED], # 10 Ex. I - AMZN0124641 [SEALED], # 11 Ex. J - AMZN0108735 [SEALED], # 12 Ex. K - AMZN0108847 [SEALED], # 13 Ex. L - AMZN0108760 [SEALED], # 14 Ex. M - Shi Depo [SEALED], # 15 Ex. N - Vanee Depo [SEALED], # 16 Ex. O - Pltfs Proposed Inf Conts [SEALED], # 17 Ex. P - Allen Rebuttal Report [SEALED], # 18 Ex. Q - Allen Depo [SEALED], # 19 Ex. R - AMZN0037977, # 20 Ex. S - AMZN0109419 [SEALED])(Zhu, Li) (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 402 | MOTION for Leave to File Documents Under Seal filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 8/11/2023 (Attachments: # 1 Memorandum of Law in Support of Motion for Sealing Order, # 2 Declaration of Li Zhu, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Zhu, Li) (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 403 | RESPONSE in Opposition re 386 MOTION To Exclude Opinion and Testimony of Devrim Ikizler (Daubert Motion) filed by Amazon.com, Inc.. filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Declaration of Annie Huang, # 2 Ex. A [SEALED] Ikizler Report, # 3 Ex. B - AMZN0045980, # 4 Ex.. C - 2022 Annual Report, # 5 Ex. D [SEALED} EXCERPTS Prasad Dep, # 6 Ex. E - CNBC Article, # 7 Ex. F [SEALED] AMZN_0127048, # 8 Ex. G [SEALED] EXCERPTS Caruccio Dep, # 9 Ex. H [SEALED] EXCERPTS Burkhart Dep, # 10 Ex. I [SEALED] AMZN_0127096, # 11 Ex. J [SEALED] AMZN_0046136, # 12 Ex. K [SEALED] AMZN_0127063, # 13 Ex. L [SEALED] AMZN_0127088, # 14 Ex. M [SEALED] AMZN_0105738, # 15 Ex. N [SEALED] AMZN_0115193, # 16 Ex. O [SEALED] EXCERPTS Ambrosini Dep, # 17 Ex. P [SEALED] AMZN_0112467, # 18 Ex. Q [SEALED] EXCERPTS 2023-03-13 Shwartz Report, # 19 Ex. R [SEALED] EXCERPTS Ikizler (Vol. 1) Dep, # 20 Ex. S [SEALED] EXCERPTS Ikizler (Vol. 2) Dep, # 21 Ex. T - 6-8-23 Hearing Tr, # 22 Ex. U [SEALED] EXCERPT Kinrich Dep, # 23 Ex. V [SEALED] EXCERPTS Hayden Dep, # 24 Ex. W [SEALED] AMZN_0044247)(Huang, Annie) (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 404 | MOTION for Leave to File Documents Under Seal filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 8/11/2023 (Attachments: # 1 Memorandum of Law, # 2 Declaration of Annie Huang, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Huang, Annie) (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 405 | RESPONSE in Opposition re 388 MOTION for Leave to File Exclude Testimony of Jeffrey Kinrich filed by CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute. (Redacted) filed by Amazon.com, Inc.. (Attachments: # 1 Declaration of Yanna S. Bouris, # 2 Exhibit(s) 1 (filed under seal), # 3 Exhibit(s) 2 (filed under seal), # 4 Exhibit(s) 3 (filed under seal), # 5 Exhibit(s) 4 (filed under seal), # 6 Exhibit(s) 5 (filed under seal), # 7 Exhibit(s) 6 (filed under seal))(Bouris, Yanna) (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 406 | MOTION for Leave to File Under Seal Opposition to Plaintiff's Motion to Exclude Testimony of Kinrich 388 and Exhibits 1-6 filed by Amazon.com, Inc.. Response to Motion due by 8/11/2023 (Attachments: # 1 Memorandum of Law, # 2 Declaration of Yanna S. Bouris, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Bouris, Yanna) (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 407 | RESPONSE in Opposition re 384 MOTION for Summary Judgment of Invalidity and Noninfringement filed by Amazon.com, Inc.. Motion returnable before Judge Brenda Sannes. filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Statement of Material Facts [REDACTED], # 2 Declaration of Li Zhu, # 3 Ex. AA USPN '798, # 4 Ex. BB EXCERPTS Boonjing Depo, # 5 Ex. CC [SEALED] 2023-05-15 Shwartz Responsive Report, # 6 Ex. DD 2023-03-13 Allen Opening Expert Report, # 7 Ex. EE EXCERPTS Shwartz Depo, # 8 Ex. FF [SEALED] EXCERPTS Allen Depo, # 9 Ex. GG Markman Hearing tr, # 10 Ex. HH EXCERPT Kolodner, # 11 Ex. II AMZN 0042133, # 12 Ex. JJ AMZN 0020133 798 ProvApp, # 13 Ex. KK Thesis, # 14 Ex. LL Inventor summary, # 15 Ex. MM [SEALED] Shwartz Opening Report, # 16 Ex. NN [SEALED] Allen Rebuttal Report, # 17 Ex. OO [SEALED] Peck Opening Report)(Zhu, Li) (Attachment 1 replaced on 8/7/2023 at counsel request to apply additional redactions.) (nmk) (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 408 | MOTION for Leave to File Documents Under Seal filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 8/11/2023 (Attachments: # 1 Memorandum of Law, # 2 Declaration of Li Zhu, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Zhu, Li) (Entered: 07/21/2023) (0) |
| Jul 19, 2023 | 397 | Letter Motion from Li Zhu for CF Dynamic Advances LLC, Rensselaer Polytechnic Institute requesting extension to reply to summary judgment and Daubert motions submitted to Judge Brenda K. Sannes . (Attachments: # 1 Exhibit 1 - Email)(Zhu, Li) (Entered: 07/19/2023) (0) |
| Jul 19, 2023 | 398 | TEXT ORDER: granting 397 Letter requesting extension to reply to summary judgment and Daubert motions. All replies to the pending Summary Judgement and Daubert motions shall be filed on or before 8/4/2023. SO ORDERED by Chief Judge Brenda K. Sannes on 7/19/2023. (nmk) (Entered: 07/19/2023) (0) |
| Jul 17, 2023 | 395 | MOTION to Amend/Correct 388 MOTION for Leave to File Exclude Testimony of Jeffrey Kinrich filed by CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute., 389 MOTION for Leave to File Under Seal Document in Support of Motion to Exclude Testimony of Jeffrey Kinrich filed by CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute. Notice of Corrected Filing filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 8/7/2023 (Attachments: # 1 Corrected Notice of Motion to Exclude Kinrich 388 , # 2 Proposed Order/Judgment, # 3 Corrected Notice of Motion to Seal 389 ) Motions referred to Therese Wiley Dancks. (Zhu, Li) (Entered: 07/17/2023) (0) |
| Jul 17, 2023 | 396 | MOTION to Amend/Correct 390 MOTION for Summary Judgment On Patentability and Enablement and Daubert to Exclude Related Opinions From Dr. James Allen filed by CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Insti Notice of Corrected Filing filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 8/7/2023 (Attachments: # 1 Corrected Notice of Motion, # 2 Corrected Memorandum ISO MSJ/Daubert Allen, # 3 Corrected Statement of Material Facts, # 4 Corrected Declaration of L. Zhu, # 5 Corrected Exhibit 11) Motions referred to Therese Wiley Dancks. (Zhu, Li) (Entered: 07/17/2023) (0) |
| Jul 12, 2023 | 394 | MOTION for Leave to File Documents Under Seal Order [RENEWED] filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 8/2/2023 (Attachments: # 1 Memorandum of Law of Li Zhu, # 2 Declaration of Li Zhu, # 3 Ex. B - Amended and Restated LLC, # 4 Ex. F - Quish Transcript, # 5 Ex. G - Amended License, # 6 Declaration of C. Quish, # 7 Declaration of C. Cook, # 8 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Zhu, Li) (Entered: 07/12/2023) (0) |
| Jul 10, 2023 | 393 | TRANSCRIPT REQUEST by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute for proceedings held on 6/28/2023 before Judge Brenda K. Sannes.. (Huang, Annie) (Entered: 07/10/2023) (3) |
| Jul 7, 2023 | 392 | TRANSCRIPT of Proceedings: Motion Hearing held on 6/28/2023 before Judge Brenda K. Sannes, Court Reporter: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/28/2023. Redacted Transcript Deadline set for 8/7/2023. Release of Transcript Restriction set for 10/5/2023. Notice of Intent to Redact due by 7/12/2023 (jlh, ) (Entered: 07/07/2023) (46) |
| Jul 1, 2023 | 390 | MOTION for Summary Judgment On Patentability and Enablement and Daubert to Exclude Related Opinions From Dr. James Allen filed by CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute. Motion returnable before Judge Therese Wiley Dancks. Response to Motion due by 7/24/2023. Reply to Response to Motion due by 7/31/2023 (Attachments: # 1 Memorandum of Law, # 2 Statement of Material Facts, # 3 Declaration of Li Zhu, # 4 Exhibit(s) 1. US 7177798, # 5 Exhibit(s) 2. Shwartz Responsive Validity Report, # 6 Exhibit(s) 3. Boonjing Depo, # 7 Exhibit(s) 4. Dr. James Allen Opening Expert Report, # 8 Exhibit(s) 5. -- FUS -- Dr. Allen James Depo, # 9 Exhibit(s) 6. Provisional Application, # 10 Exhibit(s) 7. Kolodner Book, # 11 Exhibit(s) 8. Excer[t from Lieberman Declaration, # 12 Exhibit(s) 9. A New Feasible Approach to Natural Language Database Query, # 13 Exhibit(s) 10. Inventory Summary, # 14 Exhibit(s) 11. Excerpt From Amazon Contentions, # 15 Exhibit(s) 12. Heideman E-Mail) (Zhu, Li) (Main Document 390 replaced on 7/24/2023) (nmk, ). (Attachment 1 replaced on 7/24/2023) (nmk, ). (Attachment 2 replaced on 7/24/2023) (nmk, ). (Attachment 3 replaced on 7/24/2023) (nmk, ). (Attachment 14 replaced on 7/24/2023) (nmk, ). (Entered: 07/01/2023) (0) |
| Jul 1, 2023 | 391 | MOTION for Leave to File Under Seal Documents in Support of Plaintiffs' Combined Motion for Summary Judgment on Patentability and Enablement and Daubert to Exclude Related Opinions from Dr. James Allen filed by CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute. Response to Motion due by 7/24/2023 (Attachments: # 1 Memorandum of Law, # 2 Declaration of Li Zhu, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Zhu, Li) (Entered: 07/01/2023) (0) |
| Jun 30, 2023 | 383 | MOTION to Strike Portions of the Expert Report of Dr. Steven Shwartz filed by Amazon.com, Inc.. Response to Motion due by 7/21/2023 (Attachments: # 1 Memorandum of Law, # 2 Declaration of Nathan D. Reeves and Exhibit 1, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Reeves, Nathan) (Entered: 06/30/2023) (0) |
| Jun 30, 2023 | 384 | MOTION for Summary Judgment of Invalidity and Noninfringement filed by Amazon.com, Inc.. Motion returnable before Judge Brenda Sannes. Response to Motion due by 7/21/2023. Reply to Response to Motion due by 7/28/2023 (Attachments: # 1 Memorandum of Law (Redacted), # 2 Statement of Material Facts (Redacted), # 3 Declaration of Dr. James Allen with Appendices A-B (Redacted), # 4 Declaration of Colin B. Heideman with Exhibits 1-15 (Redacted), # 5 Proposed Order/Judgment) (Heideman, Colin) (Entered: 06/30/2023) (0) |
| Jun 30, 2023 | 385 | MOTION for Leave to File Under Seal Documents in Support of Motion for Summary Judgment filed by Amazon.com, Inc.. Response to Motion due by 7/21/2023 (Attachments: # 1 Memorandum of Law, # 2 Declaration of Colin B. Heideman, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Heideman, Colin) (Entered: 06/30/2023) (0) |
| Jun 30, 2023 | 386 | MOTION To Exclude Opinion and Testimony of Devrim Ikizler (Daubert Motion) filed by Amazon.com, Inc.. Response to Motion due by 7/21/2023 (Attachments: # 1 Memorandum of Law (Redacted), # 2 Declaration Yanna.S. Bouris with Exs. 1-11, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Bouris, Yanna) (Entered: 06/30/2023) (0) |
| Jun 30, 2023 | 387 | MOTION for Leave to File Under Seal Documents in Support of Motion to Exclude Opinion and Testimony of Devrim Ikizler filed by Amazon.com, Inc.. Response to Motion due by 7/21/2023 (Attachments: # 1 Memorandum of Law, # 2 Declaration of Yanna S. Bouris, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Bouris, Yanna) (Entered: 06/30/2023) (0) |
| Jun 30, 2023 | 388 | MOTION for Leave to File Exclude Testimony of Jeffrey Kinrich filed by CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute. Response to Motion due by 7/21/2023 (Attachments: # 1 Memorandum of Law (REDACTED), # 2 Declaration (rEDACTED), # 3 Exhibit(s) 1. FUS -- Kinrich Expert Report, # 4 Exhibit(s) 2. FUS -- Excerpts or Kinrich Dep, # 5 Exhibit(s) 3. FUS -- Excerpts of Hayden Depo, # 6 Exhibit(s) 4. FUS -- DX 2041, # 7 Exhibit(s) 5. FUS - DX 2042, # 8 Exhibit(s) 6. CF Marathon LLC Agreement, # 9 Exhibit(s) 7. FUS -- Excerpta from Rebuttal Report of Expert Dr. Allen) Motions referred to Therese Wiley Dancks. (Zhu, Li) Modified on 7/21/2023, non-substantive corrections were made as set forth in Dkt. 395. (nmk) (Entered: 06/30/2023) (0) |
| Jun 30, 2023 | 389 | MOTION for Leave to File Under Seal Document in Support of Motion to Exclude Testimony of Jeffrey Kinrich filed by CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute. Response to Motion due by 7/21/2023 (Attachments: # 1 Memorandum of Law, # 2 Declaration of Li Zhu, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Zhu, Li) Modified on 7/21/2023, non-substantive corrections were made as set forth in Dkt. 395. (nmk) (Entered: 06/30/2023) (0) |
| Jun 29, 2023 | 382 | TRANSCRIPT REQUEST by Amazon.com Inc, Amazon.com, Inc. for proceedings held on 6/29/23 before Judge Brenda K. Sannes, Chief U.S. District Judge.. (D'Agostino, Mary) (Entered: 06/29/2023) (3) |
| Jun 27, 2023 | 380 | MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that, in light of this decision, Plaintiffs' letter motion (Dkt. No. 377 ) is DENIED to the extent Plaintiffs request to file a reply but is GRANTED to the extent Plaintiffs seek to withdraw their request to seal Exhibit A and corresponding references to CF Marathon LLC. It is further ORDERED that the Clerk is respectfully directed to replace Dkt. No. 312-2 with Exhibit A (referred to on the Court's docket as Exhibit 1) and that within two weeks of the date of this decision Plaintiffs are directed to forward to the Court, via email, a revised redacted version of their supplemental memorandum, (Dkt. No. 355 ) for replacement on the docket. It is further ORDERED that the Plaintiffs' motions for leave to file under seal (Dkt. Nos. 356 , 357 ) are otherwise DENIED without prejudice to renewal. It is further ORDERED that any renewed motion to seal must be filed within two weeks of the date of this decision, and must be supported by a sworn statement from an individual with personal knowledge, and that, to the extent any party's renewed motion seeks to file a redacted version of an exhibit, the proposed redacted version must be provided to the Court in accordance with Local Rule 5.3(a). It is further ORDERED that if no renewed motion to seal is filed within two weeks of the date of this decision, the Clerk of the Court is directed to replace the sealed versions of the exhibits and documents discussed herein with the unredacted versions provided to the Court. It is further ORDERED that Plaintiffs are directed to file a status report within two weeks of the date of this decision regarding Dkt. No. 92-3, and whether they intend to rely solely on the redacted version as filed. Signed by Chief Judge Brenda K. Sannes on 6/27/2023. (nmk) (Entered: 06/27/2023) (12) |
| Jun 27, 2023 | 381 | STATUS REPORT by CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute. (Zhu, Li) (Entered: 06/27/2023) (1) |
| Jun 26, 2023 | 377 | Letter Motion from Li Zhu for CF Dynamic Advances LLC, CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute requesting Update Pltfs Renewed Motion to Seal Dkt 357-1 filed pursuant to 05-18-23 Order Dkt 352 and Request Leave to File a Reply to Amazon's Response to Plaintiffs' Sealing Motion Dkt 376 submitted to Judge Hon. Brenda K. Sannes . (Zhu, Li) (Entered: 06/26/2023) (2) |
| Jun 26, 2023 | 378 | TEXT ORDER granting 375 Motion for Limited Admission Pro Hac Vice of Lucas Walker. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/26/2023. (sg ) (Entered: 06/26/2023) (0) |
| Jun 26, 2023 | 379 | NOTICE OF APPEARANCE by Lucas M. Walker on behalf of All Plaintiffs (Walker, Lucas) (Entered: 06/26/2023) (2) |
| Jun 20, 2023 | 376 | RESPONSE to Motion re 356 MOTION for Leave to File Documents Under Seal filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute., 357 MOTION for Leave to File Documents Under Seal filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. filed by Amazon.com, Inc.. (Anapol, Jeremy) (Entered: 06/20/2023) (2) |
| Jun 15, 2023 | 375 | MOTION for Limited Admission Pro Hac Vice of Lucas M. Walker (Fee is waived) (Attachments: # 1 Exhibit(s) Petition for Admission, # 2 Exhibit(s) Declaration of Sponsor, # 3 Exhibit(s) New Attorney E-Filing Registration Form, # 4 Exhibit(s) Certificate of Good Standing, # 5 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Huang, Annie) (Entered: 06/15/2023) (0) |
| Jun 13, 2023 | 374 | RESPONSE in Support re 288 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Amazon.com, Inc.. Motion returnable before Judge Brenda Sannes Defendant Amazon.com, Inc. Supplemental Brief filed by Amazon.com, Inc.. (Anapol, Jeremy) (Entered: 06/13/2023) (29) |
| Jun 9, 2023 | 370 | TRANSCRIPT of Proceedings: Telephone Conference held on 6/8/2023 before Judge Therese Wiley Dancks, Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/30/2023. Redacted Transcript Deadline set for 7/10/2023. Release of Transcript Restriction set for 9/7/2023. Notice of Intent to Redact due by 6/14/2023 (etm, ) (Entered: 06/09/2023) (22) |
| Jun 9, 2023 | 371 | STATUS REPORT to Judge Wiley Dancks regarding scheduled expert depositions by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Huang, Annie) (Entered: 06/09/2023) (1) |
| Jun 9, 2023 | 372 | DECISION AND ORDER: Based upon the parties' written submissions, it is hereby ORDERED that Amazon's motion for reconsideration of various findings in the May 9, 2023, decision (Dkt. No. 353 ) is DENIED. Signed by Magistrate Judge David E. Peebles on 6/9/2023. (mgh) (Entered: 06/09/2023) (7) |
| Jun 9, 2023 | 373 | TEXT ORDER: Court has reviewed status report (Dkt. No. 371 ) and hereby orders the depositions of experts Ikizler and Kinrich as identified in Dkt. No. 371 to be completed on the dates set forth therein. The deposition of expert Peck is also ordered to be completed on 6/16/2023 as scheduled. The parties must obtain prior permission from the Court if they need to deviate from the schedule of these depositions as ordered for any reason. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/9/2023. (sg) (Entered: 06/09/2023) (0) |
| Jun 8, 2023 | 366 | TRANSCRIPT REQUEST by Amazon.com, Inc. for proceedings held on 6/8/2023 before Judge Therese Wiley Dancks.. (D'Agostino, Mary) (Entered: 06/08/2023) (3) |
| Jun 8, 2023 | 367 | TEXT ORDER: : After hearing from counsel during the 6/8/2023 Telephone Conference on Plaintiff's 359 Letter Motion to serve a supplemental/rebuttal expert report, the request is DENIED. The request is untimely as it was filed after the 5/31/2023 deadline to complete all fact and expert disclosure and after the 5/15/2023 deadline for responsive expert disclosure. The parties were well aware of the deadlines which have been repeatedly extended by the Court. Moreover, from the earliest scheduling Order (Dkt. No. 113 ), as with all patent case scheduling Orders, no supplemental or rebuttal expert disclosure is permitted. Since the issuance of that scheduling Order on 6/2/2020, no party has requested permission to serve supplemental or rebuttal expert reports. Discovery is extended to 6/23/2023 solely for the purpose of conducting depositions of experts Ikizler, Kinrich, and Peck. Court will permit ten hour depositions of the two damages experts, Plaintiffs' expert Dr. Ikizler, and Defendant's expert Mr. Kinrich. Mr. Peck's deposition will go forward on 6/16/2023 as scheduled. The parties should note that scheduling depositions outside of the end date for discovery without prior permission from the Court in accordance with FRCP Rule 16(b)(4) and NDNY LR 16.1(f) is improper. The depositions of experts Ikizler and Kinrich are to be completed by 6/23/2023. Plaintiffs to file a status report no later than 12pm ET on 6/9/2023 providing the exact dates of the depositions of Ikizler and Kinrich. The dispositive motions deadline remains as currently set and will not be further extended. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/8/2023. (sg) (Entered: 06/08/2023) (0) |
| Jun 8, 2023 | 368 | TRANSCRIPT REQUEST by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute for proceedings held on 6/8/2023 before Judge Therese Wiley Dancks.. (Huang, Annie) (Entered: 06/08/2023) (3) |
| Jun 8, 2023 | 369 | TEXT ORDER: granting 365 letter motion requesting an extension of the page limit. Defendant may file an oversized memorandum of law, not to exceed 50 pages in length, in support of their anticipated summary judgment motion. Plaintiff may file a response, not to exceed 50 pages in length, and defendant's reply may not exceed 20 pages in length. SO ORDERED by Chief Judge Brenda K. Sannes on 6/8/2023. (nmk) (Entered: 06/08/2023) (0) |
| Jun 7, 2023 | 364 | TEXT ORDER: Court reviewed defendant's motion to seal (Dkt. No. 363 ) seeking to file under seal additional documents in preparation for the discovery conference scheduled for 6/8/2023. Letter motion denied. Defendant has already filed a response as directed in Dkt. No. 360 , no further submissions were directed or permitted by the Court, and the motion to file under seal is untimely since defendant's response was due by 6/5/2023 and the motion to seal was filed on 6/6/2023. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/7/2023. (sg) Modified on 6/8/2023 (sg, ). (Entered: 06/07/2023) (0) |
| Jun 7, 2023 | 365 | First Letter Motion from John G. Powers for Amazon.com, Inc., Amazon.com, Inc. requesting permission to exceed the presumptive page limits for dispositive motion practice (currently due 6/30/23) submitted to Judge Brenda K. Sannes, Chief U.S. District Judge . (Powers, John) (Entered: 06/07/2023) (3) |
| Jun 6, 2023 | 363 | MOTION To Seal filed by Amazon.com, Inc.. Response to Motion due by 6/27/2023 (Attachments: # 1 Memorandum of Law, # 2 Declaration, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Bouris, Yanna) (Entered: 06/06/2023) (0) |
| Jun 5, 2023 | 362 | RESPONSE TO LETTER BRIEF filed by Amazon.com, Inc. as to 360 Order on Letter Request,, . (Bouris, Yanna) (Entered: 06/05/2023) (2) |
| Jun 2, 2023 | 358 | AFFIDAVIT in Support re 357 MOTION for Leave to File Documents Under Seal filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Declaration of Li Zhu filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Ex. A - Agreement, # 2 Ex. B - Amended Agreement, # 3 Ex. C - Patent License Agreement, # 4 Ex. D - Termination Agreement, # 5 Ex. E - Amended Patent License Agreement, # 6 Ex. F - Quish Depo Tr., # 7 Proposed Order/Judgment)(Zhu, Li) (Additional attachment(s) added on 9/11/2023: # 8 ***SEALED Exhibit F) (Attachments 3, 4, and 5 replaced on 9/11/2023 pursuant to 422 Order.) (nmk) (Entered: 06/02/2023) (0) |
| Jun 2, 2023 | 359 | Letter Motion from Annie Huang for CF Dynamic Advances LLC, Rensselaer Polytechnic Institute requesting a Discovery Conference pursuant to Local Rule 37.1 submitted to Judge Therese Wiley Dancks re: leave to supplement the expert report of Dr. Devrim Ikizler. (Huang, Annie) (Entered: 06/02/2023) (2) |
| Jun 2, 2023 | 360 | TEXT ORDER granting 359 Letter Request for a telephone conference with the Court. Court has scheduled a Telephone Discovery Conference for 6/8/2023 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Defendant is directed to submit a response, no longer than 2pp, single spaced, 12pt font, to the issues addressed in Dkt. No. 359 by close of business 6/5/2023. Counsel are directed to call the following number for this conference: 315-691-0477, and enter ID code 725 251 281 to connect to the conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/2/2023. (sg ) (Entered: 06/02/2023) (0) |
| Jun 2, 2023 | 361 | RESPONSE TO LETTER BRIEF filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute as to 353 LETTER BRIEF, filed by Amazon.com, Inc. requesting reconsideration of certain findings in this Courts Order (Dkt. No. 350). (Zhu, Li) (Entered: 06/02/2023) (3) |
| Jun 1, 2023 | 357 | MOTION for Leave to File Documents Under Seal filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 6/22/2023 (Attachments: # 1 Memorandum of Law in Support of Renewed Motion for Sealing Order) Motions referred to Therese Wiley Dancks. (Zhu, Li) (Entered: 06/01/2023) (0) |
| May 30, 2023 | 355 | RESPONSE in Opposition re 288 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Amazon.com, Inc.. Motion returnable before Judge Brenda Sannes filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Declaration of Li Zhu, # 2 Ex 3 - FUS, # 3 Ex 4 - 12/2/2022 Email, # 4 Ex 5 - Metadata for RPI_CF045592)(Zhu, Li) (Main Document 355 replaced on 10/2/2023 pursuant to 425 .) (nmk) (Entered: 05/30/2023) (0) |
| May 30, 2023 | 356 | MOTION for Leave to File Documents Under Seal filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 6/20/2023 (Attachments: # 1 Memorandum of Law, # 2 Declaration, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Zhu, Li) (Entered: 05/30/2023) (0) |
| May 24, 2023 | 354 | TEXT ORDER directing plaintiffs to submit any response to 353 Letter Brief requesting reconsideration of certain findings in 350 Decision and Order on plaintiffs' motion to amend their infringement contentions by 6/2/2023. Signed by Magistrate Judge David E. Peebles on 5/24/2023. (mmf) (Entered: 05/24/2023) (0) |
| May 22, 2023 | 353 | LETTER BRIEF to Honorable David E. Pebbles regarding 341 Opposition brief by Amazon.com, Inc.. (Attachments: # 1 Exhibit(s) Attachment 1, # 2 Exhibit(s) Attachment 2, # 3 Exhibit(s) Attachment 3, # 4 Exhibit(s) Attachment 4)(Anapol, Jeremy) (Entered: 05/22/2023) (0) |
| May 18, 2023 | 352 | MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that the parties' motions for leave to file under seal (Dkt. Nos. 287 , 289 , 313 ) are DENIED without prejudice to renewal. It is further ORDERED that any renewed motion to seal must be filed within two weeks of the date of this decision, and that to the extent any party's renewed motion seeks to file a redacted version of an exhibit, the proposed redacted version must be provided to the Court in accordance with Local Rule 5.3(a). Signed by Chief Judge Brenda K. Sannes on 5/18/2023. (nmk) (Entered: 05/18/2023) (7) |
| May 15, 2023 | 351 | ORDER: Plaintiffs are directed to file a supplemental memorandum of law, of no longer than 30 pages, by May 30, 2023 as noted herein. Amazon is directed to file a supplemental memorandum of law, of no longer than 30 pages, by June 13, 2023. The Court sets oral argument on Amazon's motion to dismiss for June 28,2023, at 1:00 p.m. in Syracuse, New York. Signed by Chief Judge Brenda K. Sannes on 5/15/2023. (nmk) (Entered: 05/15/2023) (4) |
| May 9, 2023 | 350 | SEALED DECISION AND ORDER: ORDERED that plaintiffs' motion to amend their infringement contentions (Dkt. Nos. 325 , 337 ) is GRANTED in part and DENIED in part, in accordance with the following specifics: Plaintiffs' motion is DENIED as to the proposed amendments related to subsections 1(a), 1(b), and 2(e) Plaintiffs' motion is GRANTED as to the proposed amendments related to subsections 1(c) through (f), 2(a) through (d), 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 within section III.B of this decision; and Within ten (10) calendar days from the date of this order, plaintiffs shall serve upon Amazon amended infringement contentions as herein permitted.( Notice of Compliance Deadline 5/19/2023)Signed by Magistrate Judge David E. Peebles on 5/9/2023. (mgh) (mgh, ). (Additional attachment(s) added on 6/9/2023: # 1 Redacted Decision and Order) (mgh, ). (Entered: 05/09/2023) (0) |
| Apr 20, 2023 | 349 | TEXT ORDER: In light of the parties' dispute regarding amending the infringement contentions, the remaining deadlines are sua sponte extended as follows: Responsive Expert Report: 5/15/2023. Close of Expert and Fact Discovery: 5/31/2023. Dispositive Motions: 6/30/2023. No requests for further extensions will be entertained. Only the Court may sua sponte extend the remaining deadlines. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/20/2023 (cma). (Entered: 04/20/2023) (0) |
| Apr 18, 2023 | 348 | TEXT ORDER granting 338 , 342 , and 346 Motions for leave to file certain specified documents under seal related to the papers filed by both parties in the course of briefing plaintiffs' pending motion to amend their infringement contentions. Good cause exists under Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) for the requests because the information to be sealed concerns information designated as highly confidential by the parties' Confidentiality Order. It is hereby ORDERED that these requests are GRANTED. Any documents for filing under seal shall be specified in a cover letter and provided to the Clerk's Office in Syracuse, NY on a USB drive or CD pursuant to the local rules of this district. Signed by Magistrate Judge David E. Peebles on 4/18/2023. (mmf) (Entered: 04/18/2023) (0) |
| Apr 17, 2023 | 347 | TEXT ORDER REFERRING MOTION AS TO 346 - MOTION for Leave to File Documents Under Seal: Motion at Dkt. No 346 is referred to Magistrate Judge Peebles, in accordance with the previous referrals on the second amended infringement issue. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/17/2023. (jcl) (Entered: 04/17/2023) (0) |
| Apr 14, 2023 | 344 | ORDER: Plaintiffs' motion to compel production of certain discovery (Dkt. No. 328 ) is DENIED in its entirety; and No costs or attorney's fees are awarded to any party concerning plaintiffs' motion, without prejudice to the right of any party to seek costs and attorney's fees at the close of the case. Signed by Magistrate Judge David E. Peebles on 4/14/2023. (mgh) (Entered: 04/14/2023) (12) |
| Apr 14, 2023 | 345 | REPLY to Response to Motion re 337 MOTION for Leave to File Serve Second Amended Infringement Contentions filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Declaration of Li Zhu, # 2 Exhibit 17)(Zhu, Li) (Entered: 04/14/2023) (0) |
| Apr 14, 2023 | 346 | MOTION for Leave to File Documents Under Seal filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 5/5/2023 (Attachments: # 1 Memorandum of Law in Support of Motion for Sealing Order, # 2 Declaration of Li Zhu, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Zhu, Li) (Entered: 04/14/2023) (0) |
| Apr 11, 2023 | 343 | TEXT ORDER REFERRING MOTION as to 342 - MOTION To Seal : Motion at Dkt. No. 342 is referred to Magistrate Judge Peebles, in accordance with the previous referrals on the second amended infringement issue. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/11/2023. (sg) (Entered: 04/11/2023) (0) |
| Apr 10, 2023 | 341 | RESPONSE in Opposition re 337 MOTION for Leave to File Serve Second Amended Infringement Contentions filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. filed by Amazon.com, Inc.. (Attachments: # 1 Declaration Jeremy Anapol)(Anapol, Jeremy) (Entered: 04/10/2023) (0) |
| Apr 10, 2023 | 342 | MOTION To Seal filed by Amazon.com, Inc.. Response to Motion due by 5/1/2023 (Attachments: # 1 Memorandum of Law, # 2 Declaration, # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Exhibit(s), # 11 Exhibit(s), # 12 Exhibit(s), # 13 Exhibit(s), # 14 Exhibit(s), # 15 Exhibit(s), # 16 Exhibit(s), # 17 Exhibit(s), # 18 Exhibit(s), # 19 Exhibit(s), # 20 Exhibit(s), # 21 Exhibit(s), # 22 Exhibit(s), # 23 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Anapol, Jeremy) (Entered: 04/10/2023) (0) |
| Apr 5, 2023 | 340 | USB Drive: Syracuse Clerk's Office received a USB drive containing an unredacted copy of the # 332 Response to be filed under seal pursuant to Docket # 336 Text Order. Not available for public viewing. (ztc) (Entered: 04/05/2023) (1) |
| Apr 3, 2023 | 339 | TEXT ORDER REFERRING MOTIONS: Motions at Dkt. Nos 337 and 338 are referred to Magistrate Judge Peebles, in accordance with the previous referral on the second amended infringement issue. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/3/2023. (sg ) (Entered: 04/03/2023) (0) |
| Mar 31, 2023 | 337 | MOTION for Leave to File Serve Second Amended Infringement Contentions filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 4/21/2023 (Attachments: # 1 Memorandum of Law ISO Motion for Leave to Serve, # 2 Declaration of Li Zhu, # 3 Ex. 1 Huang Letter, # 4 Ex. 2 FUS Email, # 5 Ex. 3 Amend Dep Notice 30b6, # 6 Ex. 4 FUS Email, # 7 Ex. 5 FUS Deramat Tr, # 8 Ex. 6 FUS PrasadTr, # 9 Ex. 7 FUS Ramakrishnan Tr, # 10 Ex. 8 FUS Vanee Tr, # 11 Ex. 9 FUS Shi Tr, # 12 Ex. 10 FUS Sec Amd Inf Conts, # 13 Ex. 11 FUS Email, # 14 Ex. 12 First Amd Inf Conts, # 15 Ex. 13 FUS Email, # 16 Ex. 14 Excerpt Amzn Objs to RFA 58, # 17 Ex. 15 FUS Excerpt of AMZN 0111612, # 18 Ex. 16 FUS Li Letter) Motions referred to Therese Wiley Dancks. (Zhu, Li) (Entered: 03/31/2023) (0) |
| Mar 31, 2023 | 338 | MOTION for Leave to File Documents Under Seal filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 4/21/2023 (Attachments: # 1 Memorandum of Law in Support of Motion for Sealing Order, # 2 Declaration of Li Zhu, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Zhu, Li) (Entered: 03/31/2023) (0) |
| Mar 30, 2023 | 336 | TEXT ORDER granting 329 Motion for leave to file certain specified documents related to 328 Motion to Compel under seal, and granting 333 Motion for leave to file 332 Response under seal. Good cause exists under Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) for the requests because the information to be sealed concerns information designated as highly confidential by the parties' Confidentiality Order. IT IS ORDERED that these requests are GRANTED. Any documents for filing under seal shall be specified in a cover letter and provided to the Clerk's Office in Syracuse, NY on a USB drive or CD pursuant to the local rules of this district. Signed by Magistrate Judge David E. Peebles on 3/30/2023. (mmf) (Entered: 03/30/2023) (0) |
| Mar 27, 2023 | 334 | TEXT ORDER REFERRING MOTION: The 3/24/2023 sealing motion (Dkt. No. 333 ) pertains to a discovery dispute which has been referred to Magistrate Judge Peebles. Therefore, the sealing motion at Dkt. No. 333 is likewise referred to Judge Peebles. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/27/2023. (sg) (Entered: 03/27/2023) (0) |
| Mar 27, 2023 | 335 | TRANSCRIPT REQUEST by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute for proceedings held on February 16, 2023 before Judge David E. Peebles.. (Zhu, Li) (Entered: 03/27/2023) (3) |
| Mar 24, 2023 | 332 | RESPONSE TO LETTER BRIEF filed by Amazon.com, Inc. as to 328 Motion to Compel,, filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute . (Anapol, Jeremy) (Additional attachment(s) added on 4/5/2023: # 1 Response-Unredacted-SEALED) (ztc, ). (Entered: 03/24/2023) (0) |
| Mar 24, 2023 | 333 | MOTION for Leave to File Contingent Motion for Sealing filed by Amazon.com, Inc.. Response to Motion due by 4/14/2023 (Attachments: # 1 Memorandum of Law, # 2 Declaration, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Anapol, Jeremy) (Entered: 03/24/2023) (0) |
| Mar 21, 2023 | 331 | TEXT ORDER. Plaintiffs have filed a 325 letter-request for a discovery conference to seek leave to amend their infringement contentions. Defendant, also by 326 letter-brief, opposes plaintiffs' intention to amend their infringement contentions. It is hereby ORDERED that the parties shall submit briefing on the issue of amendment of the infringement contentions in accordance with the following schedule: plaintiffs' brief is due by 3/31/2023; defendant's response brief is due by 4/10/2023; and plaintiffs' reply brief is due by 4/14/2023. The parties' opening and response briefs shall not exceed 15 pages, and the reply brief shall not exceed 5 pages. Oral argument is set for 4/19/2023 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. Signed by Magistrate Judge David E. Peebles on 3/21/2023. (mmf) (Entered: 03/21/2023) (0) |
| Mar 20, 2023 | 330 | TEXT ORDER: Court reviewed the parties' letter requests (Dkt. Nos. 325 , 326 ) seeking a Court conference regarding plaintiff's request for leave to amend infringement contentions. These requests (Dkt. Nos. 325, 326) are referred to recalled Magistrate Judge Peebles for further review. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/20/2023. (sg) (Entered: 03/20/2023) (0) |
| Mar 18, 2023 | 329 | MOTION for Leave to File Documents Under Seal filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 4/10/2023 (Attachments: # 1 Memorandum of Law in Support of Motion for Sealing Order, # 2 Declaration of Li Zhu, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Zhu, Li) (Entered: 03/18/2023) (0) |
| Mar 17, 2023 | 328 | MOTION to Compel Amazon to Produce Source Code filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 4/7/2023 (Attachments: # 1 Declaration of Li Zhu, # 2 Ex 1 - FUS Email, # 3 Ex 2 - FUS Fourth Set ROG, # 4 Ex 3 - FUS March 8 Email, # 5 Ex 4 - FUS Nov 9 Email, # 6 Ex 5 - Discovery Conf Hearing Tr, # 7 Ex 6 - Request for Admission 51-72, # 8 Ex 7 - April 9 2021 Letter, # 9 Ex 8 - Notice of Amazon 30b6, # 10 Ex 9 - Feb 23 Email, # 11 Ex 10 - Shi Dep Tr., # 12 Ex 11 - Prasad Dep Tr., # 13 Ex 12 - Sept 14 Email) Motions referred to Therese Wiley Dancks. (Zhu, Li) (Entered: 03/18/2023) (0) |
| Mar 16, 2023 | 325 | Letter Motion from Li Zhu for CF Dynamic Advances LLC, Rensselaer Polytechnic Institute requesting leave to amend Plaintiffs' infringement contentions submitted to Judge Therese Wiley Dancks . (Zhu, Li) (Entered: 03/16/2023) (1) |
| Mar 16, 2023 | 326 | Letter Request for Court Conference/RESPONSE TO LETTER BRIEF filed by Amazon.com, Inc. as to 325 Letter Request/Motion filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute . (Anapol, Jeremy) Modified on 3/17/2023 (sg, ). (Entered: 03/16/2023) (3) |
| Mar 14, 2023 | 324 | REPLY to Response to Motion re 288 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Amazon.com, Inc.. Motion returnable before Judge Brenda Sannes filed by Amazon.com, Inc.. (Anapol, Jeremy) (Entered: 03/14/2023) (14) |
| Mar 14, 2023 | 327 | ORDER: ORDERED, as follows: Plaintiffs' motion to compel compliance with the subpoenas issued to Greg Hart and Al Lindsay is DENIED; and No costs or attorney's fees are awarded to any party concerning Amazon's motion, without prejudice to the right of any party to seek costs and attorney's fees at the close of the case. Signed by Magistrate Judge David E. Peebles on 3/14/2023. (mgh) (Entered: 03/17/2023) (10) |
| Mar 10, 2023 | 323 | TEXT ORDER regarding 317 letter brief. By letter dated 2/28/2023, plaintiffs requested a conference with the court seeking intervention regarding three issues related to discovery. A telephone conference was conducted on the record to address plaintiffs' request. Plaintiffs' request for assistance in requiring defendant to produce Ruhi Sarikaya for deposition is DENIED based upon the untimeliness of plaintiffs' notice of deposition to defendant seeking that deposition. As to the two remaining issues, the court determined that further briefing and a hearing is required to permit meaningful court intervention. Plaintiffs are directed to file a letter brief and any related evidentiary materials concerning those issues by 3/17/2023. Defendant shall file its response by 3/24/2023. No reply will be permitted without the express permission of the court. A telephone hearing concerning the two remaining issues will be scheduled by the court at a later date. In their briefs, the parties shall include specific information regarding what discovery has not been produced, when it was requested, and the good faith efforts of the parties to confer and to attempt to resolve these issues. It is SO ORDERED. Signed by Magistrate Judge David E. Peebles on 3/10/2023. (mmf) (Entered: 03/10/2023) (0) |
| Mar 2, 2023 | 321 | TRANSCRIPT of Proceedings: Discovery Conference held on 2/16/2023 before Judge David E. Peebles, Court Reporter: Hannah Cavanaugh, Telephone number: 315-234-8545. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/23/2023. Redacted Transcript Deadline set for 4/3/2023. Release of Transcript Restriction set for 5/31/2023. Notice of Intent to Redact due by 3/7/2023 (hfc, ) (Entered: 03/02/2023) (37) |
| Mar 2, 2023 | 322 | TEXT ORDER : Court has reviewed plaintiff's letter request (Dkt. No. 317 ) regarding still another discovery dispute which is referred to recalled Magistrate Judge Peebles for further review. The Court has also reviewed plaintiffs motion (Dkt. No. 318 ) to seal regarding filing of a redacted document (Dkt. No. 317). The Court does not need a response to the motion to seal and finds the document requested to be redacted is a judicial document carrying a presumption of public access, which is strong since the records are submitted in support of a discovery motion before the Court. However, in balancing the countervailing factors and considering the need to preserve higher values of privacy, the Court finds the document requested to be filed in redacted form contains sensitive business information which, if disclosed, would result in competitive harm to the parties and third parties. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Thus, Dkt. No. 317 shall remain on the docket in redacted form. The Court has received an unredacted copy of Dkt. No. 317, which must be provided to defendant in unredacted form immediately if not already done. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/2/2023. (sg) (Entered: 03/02/2023) (0) |
| Mar 1, 2023 | 319 | TEXT ORDER: granting 316 Letter Motion for Extension of Time to File a Reply re 288 Motion to Dismiss. A Reply is due by 3/14/2023. SO ORDERED by Chief Judge Brenda K. Sannes on 3/1/2023. (nmk) (Entered: 03/01/2023) (0) |
| Mar 1, 2023 | 320 | RESPONSE TO LETTER BRIEF filed by Amazon.com, Inc. as to 317 Letter Request/Motion filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute . (Anapol, Jeremy) (Entered: 03/01/2023) (3) |
| Feb 28, 2023 | 317 | Letter Motion from Cyrus Morton for CF Dynamic Advances LLC, Rensselaer Polytechnic Institute requesting discovery conference submitted to Judge Therese Wiley Dancks . (Morton, Cyrus) (Entered: 02/28/2023) (2) |
| Feb 28, 2023 | 318 | MOTION for Leave to File Document Under Seal filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 3/21/2023 (Attachments: # 1 Memorandum of Law of Motion for Sealing Order, # 2 Declaration of Li Zhu, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Zhu, Li) (Entered: 02/28/2023) (0) |
| Feb 24, 2023 | 315 | TEXT ORDER: Court notes that Judge Peebles issued an Order (Dkt. No. 314 ) regarding the parties' most recent discovery dispute. All deadlines set forth in Dkt. No. 268 and 314 remain in effect. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/24/2023. (sg) (Entered: 02/24/2023) (0) |
| Feb 24, 2023 | 316 | MOTION for Extension of Time to File Response/Reply as to 288 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Amazon.com, Inc.. Motion returnable before Judge Brenda Sannes filed by Amazon.com, Inc.. Response to Motion due by 3/17/2023 (Attachments: # 1 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Anapol, Jeremy) (Entered: 02/24/2023) (0) |
| Feb 23, 2023 | 314 | ORDER: Defendant Amazon.com, Inc. ("Amazon") has moved for an order compelling discovery pursuant to Federal Rule of Civil Procedure 37(a)(1). Dkt. No 293 . Amazon's motion raises three discrete issues. Plaintiffs Rensselaer Polytechnic Institute (RPI) and CF Dynamic Advances LLC ("CF Dynamic") have opposed Amazons motion. Dkt No 298 . ORDERED as follows: Plaintiffs shall produce, within 21 days,1 a properly prepared witness to provide testimony pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure on the topics identified as numbers 1, 2, 3, 7, 10, and 13 of Amazons 30(b)(6) deposition notice (Dkt No 243-5); Plaintiffs shall produce, also within 21 days, Mark Furstein for a remote deposition, for a duration of not more than two hours unless otherwise agreed among counsel and the witness, to provide testimony under Rule 30(b)(6) of the Federal Rules of Civil Procedure concerning valuation of the '798 patent license, including as set forth in the LLC agreement for CF Marathon, the relevant debt restructuring agreement, the CF Dynamic LLC agreement, and any agreement related to the transfer of license rights to CF Dynamic; Defendant's request for an order compelling plaintiffs to produce Dr. Mei Si for deposition is DENIED; and No costs or attorney's fees are awarded to any party concerning Amazons motion, without prejudice to the right of any party to seek costs and attorney's fees at the close of the case. Signed by Magistrate Judge David E. Peebles on 2/23/2023. (mgh) (Entered: 02/23/2023) (10) |
| Feb 21, 2023 | 312 | RESPONSE in Opposition re 288 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Amazon.com, Inc.. Motion returnable before Judge Brenda Sannes filed by CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute. (Attachments: # 1 Declaration of Li Zhu, # 2 Ex. 1 Agreement, # 3 Ex. 2 Amended and Restated LLC Agreement)(Zhu, Li) (Attachment 2 replaced on 6/27/2023 pursuant to # 380 .) (nmk) (Additional attachment(s) added on 9/11/2023: # 4 ***SEALED Exhibit B. Redacted Copy is uploaded at 394-3.) (nmk) (Main Document 312 replaced on 10/2/2023 pursuant to dkt. no. 425 .) (nmk) (Entered: 02/21/2023) (0) |
| Feb 21, 2023 | 313 | MOTION for Leave to File Documents Under Seal filed by CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute. Response to Motion due by 3/14/2023 (Attachments: # 1 Memorandum of Law, # 2 Declaration, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Zhu, Li) (Entered: 02/21/2023) (0) |
| Feb 17, 2023 | 309 | TRANSCRIPT REQUEST by Amazon.com, Inc. for proceedings held on 2/16/23 before Judge David E. Peebles.. (D'Agostino, Mary) (Entered: 02/17/2023) (3) |
| Feb 17, 2023 | 310 | NOTICE OF APPEARANCE by Jeremy A. Anapol on behalf of Al Lindsay (Anapol, Jeremy) (Entered: 02/17/2023) (3) |
| Feb 17, 2023 | 311 | NOTICE OF APPEARANCE by Nathan D. Reeves on behalf of Al Lindsay (Reeves, Nathan) (Entered: 02/17/2023) (3) |
| Feb 16, 2023 | 306 | TEXT ORDER: The clerk of the court is directed to convert case no. 1:23-mc-10 into a civil case, no. 1:23-cv-213. The court has determined that case no. 1:18-cv-549 and 1:23-cv-213 (formally 1:23-mc-10) are related and are now consolidated. Case No. 1:18-cv-549 is designated as the lead case and case no. 1:23-cv-213 is designated as the member case. All deadlines will be followed as set in the lead case. All further docketing will be done in the lead case. The clerk is directed to add the consolidated parties and counsel to the lead case docket. SO ORDERED by Chief Judge Brenda K. Sannes on 2/16/2023. (nmk) (Entered: 02/16/2023) (0) |
| Feb 16, 2023 | 307 | NOTICE by CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute re 306 Order,,, Set/Clear Flags,, Lawrence Graham Letter (Huang, Annie) (Entered: 02/16/2023) (1) |
| Feb 16, 2023 | 308 | NOTICE by Amazon.com, Inc. re 306 Order,,, Set/Clear Flags,, Letter from Nathan Reeves to John M. Domurad, Clerk (Reeves, Nathan) (Entered: 02/16/2023) (1) |
| Feb 9, 2023 | 305 | TEXT ORDER directing plaintiffs to file, related to 298 Response to Letter Brief, a copy of the full transcript of the deposition of Courtney Quish for the court's inspection. Signed by Magistrate Judge David E. Peebles on 2/9/2023. (mmf) (Entered: 02/09/2023) (0) |
| Feb 7, 2023 | 302 | TEXT ORDER to Seal: The Court clarifies its sealing orders at Dkt. Nos. 295 and 300 as follows: the Court finds the documents requested to be sealed and/or redacted are judicial documents carrying a presumption of public access, which is strong since the records are submitted in support of a discovery motion before the Court. However, in balancing the counterveiling factors and considering the need to preserve higher values of privacy, the Court finds the documents requested to be sealed and/or redacted contain sensitive business information which, if disclosed, would result in competitive harm to the parties and third parties. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Accordingly, the documents are sealed and/or redacted as directed in Dkt. Nos. 295 and 300. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/7/2023. (sg) (Entered: 02/07/2023) (0) |
| Feb 7, 2023 | 303 | MOTION for Extension of Time to File Response/Reply as to 288 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Amazon.com, Inc.. Motion returnable before Judge Brenda Sannes filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 2/28/2023 (Attachments: # 1 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Zhu, Li) (Entered: 02/07/2023) (0) |
| Feb 7, 2023 | 304 | TEXT ORDER: granting 303 Letter Motion for Extension of Time to File Response/Reply re 288 Motion to Dismiss. A Response is due by 2/21/2023. Any Reply is due by 3/7/2023. The motion is returnable before Chief Judge Brenda Sannes. SO ORDERED by Chief Judge Brenda K. Sannes on 2/7/2023. (nmk) (Entered: 02/07/2023) (0) |
| Feb 6, 2023 | 300 | TEXT ORDER: Court has also reviewed Plaintiffs' motion (Dkt. No. 299 ) regarding sealing of a certain exhibit submitted with Dkt. No. 298 that has been designated confidential by Plaintiffs. The Court grants the motion and directs Plaintiffs to submit an unredacted copy of Exhibit 5 to Dkt. No. 298 (Dkt. Nos. 298-6) to the Court, which will be filed under seal at this time for purposes of resolving the issues raised in Dkt. No. 293 . Counsel for Plaintiffs is instructed to contact the undersigned's CRD for information on how to submit the document to be sealed. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/6/2023. (sg) (Entered: 02/06/2023) (0) |
| Feb 6, 2023 | 301 | ***SEALED DOCUMENT filed by Plaintiffs: Unredacted copy of Exhibit 5 (298-6) to Dkt. 298, filed under seal pursuant to the Court's Text Order to file under seal at Dkt. 300. (sg) (sg, ). (Entered: 02/07/2023) (0) |
| Feb 3, 2023 | 298 | RESPONSE TO LETTER BRIEF filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute as to 295 Order on Letter Request,,,,,,,, Order on Motion for Leave to File,,,,,,, 296 Order, . (Attachments: # 1 Declaration of Li Zhu, # 2 Ex 1 - Zhu Email, # 3 Ex 2 - Brown Tr, # 4 Ex 3 - Boonjing Tr, # 5 Ex 4 - Theses, # 6 Ex 5 - Furstein Decl, # 7 Ex 6 - Quish Tr, # 8 Ex 7 - 30(b)(6) Notice, # 9 Ex 8 - Si LinkedIn, # 10 Ex 9 - Anapol email)(Zhu, Li) (Entered: 02/03/2023) (0) |
| Feb 3, 2023 | 299 | MOTION for Leave to File Document Under Seal filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 2/24/2023 (Attachments: # 1 Memorandum of Law ISO Motion to Seal, # 2 Declaration of Li Zhu, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Zhu, Li) (Entered: 02/03/2023) (0) |
| Jan 31, 2023 | 295 | TEXT ORDER: Court has received Defendant's letter request (Dkt. No. 293 ) for a Court conference concerning yet another discovery dispute. First, the request does not indicate that the parties have conferred in good faith regarding the issues that are the subject of the request. Second, a letter request for a conference should be one page in length at most and contain a short statement of the issues, with an indication of the parties' efforts to resolve the dispute, and a request for the conference. It should not be a full blown brief on the issues. The parties are directed to follow these instructions in the future. Should any further need for a discovery conference arise again, the Court will summarily deny the request if the parties fail to abide by these directives. However, in this current instance, the Court will accept the filing as is. Plaintiffs are directed to file a response to Dkt. No. 293 , no longer than nine (9) pages, double-spaced, 12pt font, by 2/3/2023. The Court will schedule a conference call with counsel on the issues raised in Dkt. No. 293 if it deems a conference necessary. The Court has also reviewed Defendant's motion (Dkt. No. 294 ) regarding sealing of certain documents apparently relevant to the issues addressed in Dkt. No. 293 that have been designated confidential by Plaintiffs. The Court does not need a response to the motion (Dkt. No. 294) and hereby directs Defendants to submit Exhibits 9 and 12 to Dkt. No. 293 (Dkt. Nos. 293-5, 293-8), and an unredacted copy of Dkt. No. 293 to the Court, all of which will be filed under seal at this time for purposes of resolving the issues raised in Dkt. No. 293. Counsel for Defendant is instructed to contact the undersigned's CRD for information on how to submit the documents to be sealed. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/31/2023. (sg) (Entered: 01/31/2023) (0) |
| Jan 31, 2023 | 296 | TEXT ORDER: The issues outlined in Dkt. No. 293 pertaining to the parties' current discovery dispute are referred to recalled Magistrate Judge Peebles for further review. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/31/2023. (sg) (Entered: 01/31/2023) (0) |
| Jan 31, 2023 | 297 | ***SEALED DOCUMENT: Unredacted copy of Dkt. No. 293, Exhibits 9 and 12 to Dkt. 293, filed under seal pursuant to the Court's 295 Text Order to file under seal. (sg) (Additional attachment(s) added on 1/31/2023: # 1 Exhibit 9 to Dkt. 293, # 2 Ex. 12 to Dkt. 293) (sg, ). (Entered: 01/31/2023) (0) |
| Jan 30, 2023 | 293 | LETTER BRIEF/Letter Request for a Discovery Conference to seek an order compelling three depositions by Amazon.com, Inc.. (Attachments: # 1 Declaration, # 2 Exhibit(s) 6, # 3 Exhibit(s) 7, # 4 Exhibit(s) 8, # 5 Exhibit(s) 9, # 6 Exhibit(s) 10, # 7 Exhibit(s) 11, # 8 Exhibit(s) 12, # 9 Exhibit(s) 13, # 10 Exhibit(s) 14, # 11 Exhibit(s) 15, # 12 Exhibit(s) 16, # 13 Exhibit(s) 17, # 14 Exhibit(s) 18, # 15 Exhibit(s) 19)(Anapol, Jeremy) Modified on 1/31/2023 (sg, ). (Entered: 01/30/2023) (0) |
| Jan 30, 2023 | 294 | MOTION for Leave to File Contingent Motion for Sealing filed by Amazon.com, Inc.. Response to Motion due by 2/21/2023 (Attachments: # 1 Memorandum of Law) Motions referred to Therese Wiley Dancks. (Anapol, Jeremy) (Entered: 01/30/2023) (0) |
| Jan 27, 2023 | 291 | TEXT ORDER granting 290 Motion for Limited Admission Pro Hac Vice of Nathan Reeves. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/27/2023. (sg) (Entered: 01/27/2023) (0) |
| Jan 27, 2023 | 292 | NOTICE of Appearance by Nathan D. Reeves on behalf of Amazon.com, Inc. (Reeves, Nathan) (Entered: 01/27/2023) (2) |
| Jan 26, 2023 | 290 | MOTION for Limited Admission Pro Hac Vice of Nathan David Reeves, Esq. Filing fee $100, receipt number ANYNDC-6176327. (Attachments: # 1 Exhibit(s) Verified Petition for Admission, # 2 Declaration Declaration of Sponsor, # 3 Exhibit(s) Registration Form, # 4 Proposed Order/Judgment, # 5 Exhibit(s) Certificate of Good Standing) Motions referred to Therese Wiley Dancks. (Powers, John) (Entered: 01/26/2023) (0) |
| Jan 24, 2023 | 289 | MOTION for Leave to File Document Under Seal filed by Amazon.com, Inc.. Response to Motion due by 2/14/2023 (Attachments: # 1 Memorandum of Law, # 2 Declaration of Jeremy A. Anapol) Motions referred to Therese Wiley Dancks. (Anapol, Jeremy) (Entered: 01/24/2023) (0) |
| Jan 23, 2023 | 287 | MOTION for Leave to File Documents Under Seal filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 2/13/2023 (Attachments: # 1 Memorandum of Law ISO Motion to Seal, # 2 Declaration Li Zhu, # 3 Exhibit(s) 1-5, # 4 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Zhu, Li) (Entered: 01/23/2023) (0) |
| Jan 23, 2023 | 288 | MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Amazon.com, Inc.. Motion returnable before Judge Brenda Sannes Response to Motion due by 2/13/2023. Reply to Response to Motion due by 2/21/2023 (Attachments: # 1 Memorandum of Law [Redacted], # 2 Declaration of Jeremy A. Anapol, # 3 Exhibit(s) A) (Anapol, Jeremy) (Attachment 1 replaced on 10/2/2023 pursuant to Dkt. No. 425 .) (nmk) (Entered: 01/23/2023) (0) |
| Jan 20, 2023 | 285 | RESPONSE TO LETTER BRIEF filed by Amazon.com, Inc. as to 283 Letter Request/Motion,, filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute . (Anapol, Jeremy) (Entered: 01/20/2023) (2) |
| Jan 20, 2023 | 286 | TEXT ORDER : Court reviewed Defendant's letter response (Dkt. No. 285 ) indicating the parties have worked out the issues identified in Dkt. No. 283 . Plaintiffs' counsel also verbally advised the Court that the issues have been resolved. Therefore, Plaintiffs' letter motion (Dkt. No. 283) is denied as moot. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/20/2023. (sg) (Entered: 01/20/2023) (0) |
| Jan 18, 2023 | 284 | TEXT ORDER: Defendants' counsel is directed to file a response to Dkt. 283 , no more than 10 pp., single spaced, 12pt font by 4pm on 1/20/2023. Court will issue a decision after Defendant's submission is received. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/18/2023. (sg) (Entered: 01/18/2023) (0) |
| Jan 17, 2023 | 283 | Letter Motion from Li Zhu for CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute requesting Leave to Move to Compel Add'l Depo Time of Shi submitted to Judge Therese Wiley Dancks . (Attachments: # 1 Declaration of Li Zhu, # 2 Ex. 1 Notice of 30(b)(6) Depo, # 3 Ex. 2 Amended Notice of 30(b)(6) Depo, # 4 Ex. 3 Depo Notice of Shi, # 5 Ex. 4 Shi LinkedIn, # 6 Ex. 5 Amazon's 2nd Suppl. ID, # 7 Ex. 6 Anapol email, # 8 Ex. 7 Zhu and Anapol email)(Zhu, Li) (Entered: 01/17/2023) (0) |
| Dec 28, 2022 | 282 | TEXT ORDER : Court reminds the parties that they are to complete the discovery permitted in Dkt. No. 281 in accordance with the current discovery deadlines as set forth in Dkt. No. 268 . SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/28/2022. (sg) (Entered: 12/28/2022) (0) |
| Dec 21, 2022 | 280 | TRANSCRIPT of Proceedings: Telephone conference held on December 1, 2022 before Magistrate Judge David Peebles, Court Reporter/Transcriber: Ruth Lynch, Telephone number: 607-779-2612. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/11/2023. Redacted Transcript Deadline set for 1/23/2023. Release of Transcript Restriction set for 3/21/2023. Notice of Intent to Redact due by 12/27/2022 (Lynch, Ruth) (Entered: 12/21/2022) (42) |
| Dec 21, 2022 | 281 | ORDER: On November 18, 2022, defendant Amazon.com, Inc. (Amazon), filed a motion to compel certain discovery in accordance with the order dated November 10, 2022. It is ORDERED, as follows:1) Amazon's 271 motion to conduct depositions of Christopher Carothersand David Spooner is GRANTED, with the conditions that those depositions shall be limited to 90 minutes each unless all parties and the witness agree to an extension of that time, and that they shall be conducted using a virtual conferencing platform to minimize the burden on those individuals. 2) Amazon' s motion to compel production of requested documents related to research conducted by RPI employees on natural language processing is DENIED. 3) Amazon's motion to conduct further examination of plaintiffs' designated Rule 30(b)(6) witness is DENIED. Signed by Magistrate Judge David E. Peebles on 12/21/2022. (mgh) Modified on 12/21/2022 (mgh, ). (Entered: 12/21/2022) (13) |
| Dec 2, 2022 | 279 | TRANSCRIPT REQUEST by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute for proceedings held on December 1, 2022 before Judge David E. Peebles.. (Huang, Annie) (Entered: 12/02/2022) (3) |
| Dec 1, 2022 | 277 | TEXT ORDER granting 273 Motion to Seal. After reviewing the motion to seal certain documents submitted with 271 , 272 , which was not opposed by plaintiffs, and the relevant documents, I find that those documents meet the requirements of Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Signed by Magistrate Judge David E. Peebles on 12/1/2022. (mmf) (Entered: 12/01/2022) (0) |
| Dec 1, 2022 | 278 | TRANSCRIPT REQUEST by Amazon.com, Inc. for proceedings held on 12/1/2022 before Judge David E. Peebles.. (D'Agostino, Mary) (Entered: 12/01/2022) (3) |
| Nov 30, 2022 | 276 | TEXT ORDER directing Amazon to file on the docket, in anticipation of the telephone conference scheduled for 12/1/22, a copy of Amazon's Rule 30(b)(6) Notice(s) for deposition of Plaintiffs or, if that notice has already been filed related to a previous motion, to inform the court precisely where that notice can be found. Signed by Magistrate Judge David E. Peebles on 11/30/2022. (mmf) (Entered: 11/30/2022) (0) |
| Nov 28, 2022 | 275 | RESPONSE TO LETTER BRIEF filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute as to 271 LETTER BRIEF filed by Amazon.com, Inc. . (Attachments: # 1 Declaration of Li Zhu, # 2 Exhibit(s) 1 - Carothers Decl, # 3 Exhibit(s) 2 - Spooner Decl)(Zhu, Li) (Entered: 11/28/2022) (0) |
| Nov 22, 2022 | 274 | TEXT REFERRAL ORDER: Court has reviewed docket and the recent filings including Dkt. Nos. 271 , 272 , 273 regarding discovery issues and the request for sealing related to same are referred to Magistrate Judge David E. Peebles. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/22/2022. (sg) (Entered: 11/22/2022) (0) |
| Nov 19, 2022 | 273 | MOTION Sealing Order re 272 Affidavit in Support of Motion,, 271 LETTER BRIEF filed by Amazon.com, Inc.. Response to Motion due by 12/12/2022 (Attachments: # 1 Memorandum of Law, # 2 Declaration, # 3 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (D'Agostino, Mary) (Entered: 11/19/2022) (0) |
| Nov 18, 2022 | 269 | TRANSCRIPT of Proceedings: Discovery Conference held on 11/9/2022 before Judge David E. Peebles, Court Reporter: Hannah Cavanaugh, Telephone number: 315-234-8545. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/9/2022. Redacted Transcript Deadline set for 12/19/2022. Release of Transcript Restriction set for 2/16/2023. Notice of Intent to Redact due by 11/23/2022 (hfc, ) (Entered: 11/18/2022) (49) |
| Nov 18, 2022 | 270 | SEALED TRANSCRIPT excerpt of 11/9/2022 Discovery Conference. (hfc, ) (Entered: 11/18/2022) (0) |
| Nov 18, 2022 | 271 | LETTER BRIEF in connection with Dkt 269 by Amazon.com, Inc.. (D'Agostino, Mary) (Entered: 11/18/2022) (16) |
| Nov 18, 2022 | 272 | AFFIDAVIT in Support re 267 Joint Letter Motion from Plaintiffs Rensselaer Polytechnic Institute and CF Dynamic Advances LLC and Defendant Amazon.com, Inc. for CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Inst filed by Amazon.com, Inc.. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Exhibit(s), # 11 Exhibit(s), # 12 Exhibit(s), # 13 Exhibit(s), # 14 Exhibit(s), # 15 Exhibit(s), # 16 Exhibit(s), # 17 Exhibit(s), # 18 Exhibit(s), # 19 Exhibit(s), # 20 Exhibit(s))(D'Agostino, Mary) (Attachment 12 replaced on 8/23/2023) (nmk, ). (Entered: 11/19/2022) (0) |
| Nov 17, 2022 | 268 | TEXT ORDER granting 267 Joint Letter Request for an extension of the case schedule deadlines. NO FURTHER EXTENSIONS WILL BE GRANTED FOR ANY REASON. Deadlines extended as follows: Substantial Completion of Fact Discovery: 1/30/2023. Opening Expert Report: 3/13/2023. Responsive Expert Report: 4/24/2023. Close of Expert and Fact Discovery: 5/22/2023. Dispositive Motions: 6/20/2023. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/17/2022. (sg) (Entered: 11/17/2022) (0) |
| Nov 11, 2022 | 267 | Letter Request/Motion (2) Docket Text: Joint Letter Motion from Plaintiffs Rensselaer Polytechnic Institute and CF Dynamic Advances LLC and Defendant Amazon.com, Inc. for CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute requesting extension of the case schedule submitted to Judge Therese Wiley Dancks . (Morton, Cyrus) |
| Nov 10, 2022 | 265 | Order (7) Docket Text: DISCOVERY ORDER: A hearing was held on November 9, 2022, to address the many remaining outstanding disputes related to the production of discovery.The following rulings regarding plaintiffs' various interrogatories and document demands, which have been grouped into six categories, and Amazon's discovery issues are as set forth in this Order. Signed by Magistrate Judge David E. Peebles on 11/10/2022. (mgh) |
| Nov 10, 2022 | 266 | Transcript Request (3) Docket Text: TRANSCRIPT REQUEST by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute for proceedings held on November 9, 2022 before Judge David E. Peebles.. (Huang, Annie) |
| Nov 9, 2022 | N/A | Discovery Hearing (0) Docket Text: TEXT Minute Entry for a Discovery Conference held on 11/9/2022 before U.S. Magistrate Judge David E. Peebles in Syracuse, New York. The Court asks an update from counsel as to the status of discovery. Counsel advises the court the status of discovery. Counsel advises the Court that they are not on track with the current discovery schedule. Plaintiff asks the Court to seal the part of the Transcript as it relates to the deposition of Dr. Zhu. Court grants that request. Counsel advises the Court of the status of depositions and document production. The Court directs the parties to meet and confer and provide the court with all the requests that they want the court to address as to depositions and what further information both sides are still looking for. Court is in Recess at 10:47 AM. 1:19 PM Court Resumes. Court requests for an update on the meeting during recess. Counsel advised that three categories of discovery shall be completed by 11/30/2022 as set forth on the record and the remainder shall be completed by 12/16/2022. Court provides a briefing schedule for Letter Motions for the defendants deposition requests. The letter motions must be submitted by 11/18/2022, if the deposition is opposed, a response is due by 11/28/2022. Court will issue an Order as to the discussions today. Both parties state they consented to an extension of the scheduling order. Magistrate Judge Peebles will confer with Magistrate Judge Dancks as to those extensions request. Court is adjourned 1:44 PM. Appearances: Annie Huang, Esq., Cyrus Morton, Esq., and Li Zhu, Esq. for plaintiff; Jeremy A. Anapol, Esq. for defendant. CRD: Z. Cortese (Court Reporter: Hannah Cavanaugh. Time: 10:00 AM 10:47AM. 1:19 PM 1:44 PM) (ztc) |
| Nov 9, 2022 | 264 | Transcript Request (3) Docket Text: TRANSCRIPT REQUEST by Amazon.com, Inc. for proceedings held on 11/9/2022 before Judge David E. Peebles.. (D'Agostino, Mary) |
| Oct 25, 2022 | 261 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Yanna S. Bouris on behalf of Amazon.com, Inc. (Bouris, Yanna) |
| Oct 25, 2022 | 262 | Letter Request/Motion (2) Docket Text: Letter Motion from Colin B. Heideman for Amazon.com, Inc., Amazon.com, Inc. requesting adjournment of discovery status conference scheduled for 10/26/2022 (with consent of opposing counsel) submitted to Judge David E. Peebles . (D'Agostino, Mary) |
| Oct 25, 2022 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER granting [262] Consent Letter Motion requesting adjournment of discovery status conference scheduled for 10/26/2022: The hearing scheduled for 10/26/2022 is hereby adjourned. That hearing has been rescheduled for 11/9/2022 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. It is hereby SO ORDERED by Magistrate Judge David E. Peebles on 10/25/2022. (mmf) |
| Oct 21, 2022 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: TEXT ORDER: granting [254] Motion for Limited Admission Pro Hac Vice. Attorney Yanna Bouris is hereby admitted to practice in this action. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. SO ORDERED by Chief Judge Brenda K. Sannes on 10/21/2022. (nmk) |
| Oct 19, 2022 | N/A | Notice of Attorney Admission Filing Deficiency (0) Docket Text: Notice of Attorney Admission Filing Deficiency re: [254] Motion for Limited Admission Pro Hac Vice of Yanna Bouris. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a Certificate of Good Standing that has been issued by a Court; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Oct 19, 2022 | 258 | Supplemental Admission documents (1) Docket Text: Supplemental Admission documents re: [254] Motion for Limited Admission Pro Hac Vice,. (D'Agostino, Mary) |
| Oct 17, 2022 | 255 | Status Report (2) Docket Text: STATUS REPORT Amazon complied with the Court's Text Order (Dkt. No. 251) by Amazon.com, Inc.. (Anapol, Jeremy) |
| Oct 12, 2022 | N/A | Notice of Hearing (0) Docket Text: TEXT NOTICE of discovery status conference to be held on the record has been set for 10/26/2022 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. In anticipation of that conference the parties shall make the following filings on or before October 18, 2022. Plaintiffs shall file every Request for Production ("RFP") implicated in their request for relief together with a concise statement of all discovery requests that have not yet been complied with, keyed to the RFP(s) to which they relate. In addition, plaintiffs shall include in their statement an explanation as to what precise relevant information they reasonably believe the materials within the custody or control of Jeff Bezos will yield. Defendant shall file all responses and objections served in response to plaintiffs' RFPs, together with a statement concisely stating what requests remain outstanding, describing the scope of the search required to respond, and indicating the anticipated timeframe for compliance. Defendant should be prepared at the conference to defend the amount of time taken to comply with plaintiffs' RFPs. Defendant shall also state whether Jeff Bezos is within the control of Amazon, and shall specifically detail what burden, if any, is involved in responding to the plaintiffs requests for information within his possession or custody. It is hereby SO ORDERED by Judge David E. Peebles on 1012/2022. (mmf) |
| Oct 12, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: Court reviewed defendant's unopposed letter motion (Dkt. No. [248]) to amend its Invalidity Contentions, which is granted for the reasons stated. Defendant should file/serve the amended Invalidity Contentions by 10/17/2022. Court also reviewed Dkt. Nos. [249] and [250] pertaining to the parties' recent discovery dispute and therefore are REFERRED to Magistrate Judge David Peebles for further review. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/12/2022. (sg) |
| Oct 12, 2022 | N/A | Order (0) Docket Text: TEXT ORDER directing the parties to provide an unredacted version of [249] Joint Status Report to the court for in camera inspection related to [250] Joint Motion to Seal. This unredacted version should be sent directly to Judge Peebles' chambers by email to michelle_fecio@nynd.uscourts.gov. Signed by Magistrate Judge David E. Peebles on 10/12/2022. (mmf) |
| Oct 12, 2022 | N/A | Order on Motion for Leave to File (0) Docket Text: TEXT ORDER granting [250] Motion for Leave to File Joint Statement under seal. After reviewing the parties' joint motion and the relevant document, I find that the relevant portions of that document meet the requirements of Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Signed by Magistrate Judge David E. Peebles on 10/12/2022. (mmf) |
| Oct 7, 2022 | 248 | Letter Request/Motion (6) Docket Text: Letter Motion from Jeremy Anapol for Amazon.com, Inc., Amazon.com, Inc. requesting leave to amend it Local Rule 3.3 Invalidity Contentions submitted to Judge Therese Wiley Dancks . (Anapol, Jeremy) |
| Oct 7, 2022 | 249 | Status Report (17) Docket Text: STATUS REPORT / Joint Statement by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Huang, Annie) |
| Sep 29, 2022 | N/A | Order (0) Docket Text: TEXT ORDER regarding [234] request for a discovery conference. As was discussed at the hearing on 9/28/2022, the request is denied as premature. The parties are directed to meet and confer regarding the pending discovery disputes and, after such meet and confer, shall submit a joint statement by 10/7/2022 that provides a detailed summary of the meet and confer, to include the identities of all who participated and the manner in which it was conducted (i.e., by email, telephone, video conference, etc.), and that discusses in detail any compromises or agreements that the parties were able to reach, and what issues remain in contention. The parties are reminded that they should conduct these discussions in good faith. It is hereby SO ORDERED. Signed by Magistrate Judge David E. Peebles on 9/29/2022. (mmf) |
| Sep 29, 2022 | 246 | Order on Letter Request (3) Docket Text: ORDER: ORDERED that Amazon's motion to compel deposition testimony from Tomek Strzalkowski, Sergei Nirenburg, and Marjorie McShane (Dkt. Nos. [225], [233]) is DENIED; and it is further ORDERED that a protective order is hereby issued pursuant to Federal Rule of Civil Procedure 26(c) precluding Amazon from taking the depositions of Tomek Strzalkowski, Sergei Nirenburg, and Marjorie McShane in connection with this action; and it is further ORDERED that no costs and attorney's fees are awarded to plaintiffs related to the expenses incurred in defending against Amazon's motion, without prejudice to plaintiffs' right to seek costs and attorney's fees related to the instant motion should they prevail in this action.. Signed by Magistrate Judge David E. Peebles on 9/29/2022. (mgh) |
| Sep 29, 2022 | 247 | Transcript Request (3) Docket Text: TRANSCRIPT REQUEST by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute for proceedings held on 9/28/2022 before Judge Judge David E. Peebles.. (Huang, Annie) |
| Sep 28, 2022 | N/A | Telephone Conference (0) Docket Text: Text Minute Entry for Telephone Conference held on 9/28/2022 before Magistrate Judge David E. Peebles: After lengthy oral argument on [225], [233] Motion to Compel Depositions, Judge Peebles denied that motion and granted a protective order pursuant to Fed. R. Civ. P. 26(c). A formal order regarding that determination will be issued shortly. Judge Peebles further discussed, on the record, the parties' discovery dispute related to [234] Plaintiffs' letter brief requesting a discovery conference, and directed the parties to meet and confer on those issues and then submit a joint statement by 10/7/2022. A separate text order related to that will also be issued shortly. APP: Li Zhu, Esq., Annie Huang, Esq., Cyrus Morton, Esq., and Navin Ramalingam, Esq., for plaintiffs; and Jeremy Anapol, Esq., for defendant. (mmf) |
| Sep 28, 2022 | 244 | Transcript Request (3) Docket Text: TRANSCRIPT REQUEST by Amazon.com, Inc. for proceedings held on 9/28/2022 before Judge David E. Peebles.. (D'Agostino, Mary) |
| Sep 14, 2022 | N/A | Order on Motion for Leave to File (0) Docket Text: TEXT ORDER granting [235] Motion for Leave to File Documents Under Seal. The relevant documents meet the requirements of Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). The Court further grants [234] request for a discovery conference, which will be held, off the record, following argument on [225] motion to compel depositions at the telephone conference scheduled on 9/28/2022. Signed by Magistrate Judge David E. Peebles on 9/14/2022. (mmf) |
| Sep 13, 2022 | 241 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Francois O. Ecclesiaste on behalf of CF Dynamic Advances LLC, Rensselaer Polytechnic Institute (Ecclesiaste, Francois) |
| Sep 12, 2022 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: TEXT ORDER granting [237] Motion for Limited Admission Pro Hac Vice if Francois Ecclesiaste, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/12/2022. (sg) |
| Sep 12, 2022 | N/A | Order Referring Motion (0) Docket Text: TEXT ORDER REFERRING MOTION for conference regarding discovery dispute: (Dkt. No. [234]) and related Motion to Seal (Dkt. No. [235]) to recalled Magistrate Judge David E. Peebles, who may set a further briefing schedule, oral argument, and/or a further telephone conference as he deems appropriate. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/12/2022. (sg) |
| Sep 8, 2022 | 238 | LETTER BRIEF (3) Docket Text: LETTER BRIEF in response to Plaintiffs' letter requesting a discovery conference (Dkt. 234) by Amazon.com, Inc.. (Anapol, Jeremy) |
| Sep 6, 2022 | 232 | Transcript Request (3) Docket Text: TRANSCRIPT REQUEST by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute for proceedings held on 8/24/2022 before Judge David E. Peebles.. (Huang, Annie) |
| Sep 2, 2022 | N/A | Order Referring Motion (0) Docket Text: TEXT ORDER REFERRING MOTION to Compel (Dkt. No. [225]) filed by defendants to recalled Magistrate Judge David E. Peebles, who may set a further briefing schedule and oral argument as he deems appropriate. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/2/2022. (sg) |
| Sep 1, 2022 | 230 | Order on Motion to Strike (30) Docket Text: DECISION AND ORDER: ORDERED that Amazon's motion to strike plaintiffs' infringement contentions (Dkt. No. [210]) is GRANTED in part and DENIED in part, and it is further ORDERED that, within fourteen (14) days of the date of this order, plaintiffs shall serve amended infringement contentions to correct the deficiencies identified in this decision and order, and it is further ORDERED that Amazon's motion for a stay of discovery is DENIED. Signed by Magistrate Judge David E. Peebles on 9/1/2022. (mgh) |
| Aug 24, 2022 | N/A | Evidentiary Hearing (0) Docket Text: TEXT Minute Entry for an in person Oral Argument held on 8/24/2022 before Magistrate Judge David E. Peebles re: [210] Motion to Strike Plaintiff's Infringement Contentions filed by Amazon.com, Inc. After hearing oral augment from counsel, Magistrate Judge Peebles RESERVES DECISION at this time. A written decision will be forthcoming. The court has directed the parties to move forward with discovery. The court has granted defendant's [225] letter motion and the court has set a briefing schedule. Defendant is to submit a letter brief, not to exceed 15 pages, by 9/7/2022. Plaintiff may file a responsive letter brief, not to exceed 15 pages, by 9/21/2022. No replies are to be filed. The oral argument re: motion to compel is set for 9/28/2022 at 2:00 PM by telephone before Magistrate Judge David E. Peebles. The call in information will be provided to the parties in a separate docket entry. Appearances: Cyrus Morton, Esq. and Li Zhu, Esq. for plaintiffs; Mary D'Agostino, Esq. and Jeremy Anapol, Esq. for defendant. (Court Reporter: Hannah Cavanaugh. Time: 8:32 AM - 9:45 AM.) (kmc) |
| Aug 24, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: By 9/7/2022, defendant is to file a letter brief, not to exceed 15 pages in length. Plaintiffs may file a responsive letter brief, not to exceed 15 pages, by 9/21/2022. No replies are to be filed. So Ordered by Magistrate Judge David E. Peebles on 8/24/2022. (kmc) |
| Aug 24, 2022 | 229 | Transcript Request (3) Docket Text: TRANSCRIPT REQUEST by Amazon.com, Inc. for proceedings held on 08/24/2022 before Judge David E. Peebles.. (D'Agostino, Mary) |
| Aug 23, 2022 | N/A | Notice of Hearing (0) Docket Text: TEXT NOTICE of Change of Time for Hearing: The oral argument on [210] motion to strike plaintiffs' infringement contentions previously set for 9:00 AM has been rescheduled to 8:30 AM. (mmf) |
| Aug 16, 2022 | N/A | Notice of Hearing (0) Docket Text: TEXT NOTICE of Change of Time for Hearing: The oral argument on [210] motion to strike plaintiffs' infringement contentions previously set for 10 AM has been rescheduled to 9 AM. (mmf) |
| Aug 4, 2022 | N/A | Notice of Hearing (0) Docket Text: TEXT NOTICE of Hearing: Oral argument on [210] motion to strike plaintiffs' infringement contentions has been set for 8/24/2022 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. (mmf) |
| Aug 3, 2022 | N/A | Telephone Conference (0) Docket Text: Text Minute Entry for Telephone Conference held on 8/3/2022 before Magistrate Judge David E. Peebles: Judge Peebles discussed the scheduling of an oral argument related to the pending [210] motion to strike plaintiffs' infringement contentions. The details of that oral argument will be provided in a separate docket entry. APP: Li Zhu, Esq., and Navin Ramalingam, Esq., for plaintiffs; and Mary D'Agostino, Esq., and Jeremy Anapol, Esq., for defendant. (mmf) |
| Jul 25, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: Court reviewed letter request (Dkt. No. [225]) for a conference, which the Court will set, if necessary, after hearing from plaintiff. Therefore, plaintiff's counsel is directed to file a letter brief responding to the issues outlined in Dkt. No. 225 by 8/1/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/25/2022. (sg) |
| Jul 18, 2022 | N/A | Order Referring Motion (0) Docket Text: TEXT ORDER REFERRING: [210] Motion to Strike Plaintiffs' Infringement Contentions filed by Amazon.com, Inc. to recalled Magistrate Judge David E. Peebles for a decision and order. SO ORDERED by Judge Brenda K. Sannes on 7/18/2022. (nmk) |
| Jul 11, 2022 | N/A | Order on Motion to Withdraw as Attorney (0) Docket Text: TEXT ORDER granting [222] Motion: Attorneys Bryan Vogel and Christine Yun Sauer no longer represent plaintiffs. Plaintiffs continue to be represented by the law form of Robins Kaplan, LLP and attorneys of record. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/11/2022. (sg) |
| Jul 8, 2022 | 222 | Motion to Withdraw as Attorney (2) Docket Text: MOTION to Withdraw as Attorney Bryan Vogel and Christine Yun Sauer filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Response to Motion due by 7/29/2022 Motions referred to Therese Wiley Dancks. (Huang, Annie) |
| Jul 7, 2022 | 221 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Cyrus Morton on behalf of CF Dynamic Advances LLC, Rensselaer Polytechnic Institute (Morton, Cyrus) |
| Jul 6, 2022 | 220 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Navin Ramalingam on behalf of CF Dynamic Advances LLC, Rensselaer Polytechnic Institute (Ramalingam, Navin) |
| Jun 29, 2022 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: TEXT ORDER granting [211] Motion for Limited Admission Pro Hac Vice of Cyrus Morton, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/29/2022. (sg ) |
| Jun 29, 2022 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: TEXT ORDER granting [212] Motion for Limited Admission Pro Hac Vice of Navin Ramalingam, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/29/2022. (sg ) |
| Jun 28, 2022 | N/A | Order on Motion to Withdraw as Attorney (0) Docket Text: TEXT ORDER granting [215] Motion: Attorneys Christopher Seidl, Shui Li, and Taylor Moore-Willis no longer represent plaintiffs. Plaintiffs continue to be represented by the law firm of Robins Kaplan, LLP and attorneys of record. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/28/2022. (sg) |
| Jun 27, 2022 | 213 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Annie Huang on behalf of CF Dynamic Advances LLC, Rensselaer Polytechnic Institute (Huang, Annie) |
| Jun 27, 2022 | 214 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Ronald James Schutz on behalf of CF Dynamic Advances LLC, Rensselaer Polytechnic Institute (Schutz, Ronald) |
| Jun 21, 2022 | N/A | Notice of Hearing on Motion (0) Docket Text: TEXT NOTICE re: [210] MOTION to Strike Plaintiffs' Infringement Contentions filed by Amazon.com, Inc.: Motion is returnable before Magistrate Judge Therese Wiley Dancks, on submission of the papers, no appearances required unless otherwise advised by the Court. Response to Motion due by 7/1/2022 as directed during the 6/6/2022 telephone conference. No Reply permitted.(sg) |
| Jun 6, 2022 | N/A | Status Conference (0) Docket Text: TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 6/6/2022 to address request for conference at Dkt. 204. Defendants' counsel advises that the parties have resolved the matter of a protective order pursuant to Local Patent Rule 3.1(b). After hearing from counsel, Court will permit Defendants to file a motion to strike the alleged deficiencies in Plaintiffs' infringement contentions by 6/17/2022. Response due 7/1/2022. No Reply permitted. Court is not permitting Defendants to file a motion to compel at this time. The parties are directed to confer on the issue of depositions of the three professors and if they cannot reach a resolution, they should request another conference from the Court. Scheduling Order deadlines are set as follows: Substantial Completion of Fact Discovery: 10/31/2022. Opening Expert Reports: 11/30/2022. Responsive Expert Reports: 12/30/2022. Close of Expert and Fact Discovery: 1/31/2023. Dispositive Motions: 2/28/2023. APPEARANCES: Li Zhu, Esq. for Plaintiffs; Jeremy Anapol, Esq. and John Powers, Esq. for Defendants. (sg) |
| May 27, 2022 | 209 | CIVIL CASE MANAGEMENT PLAN (3) Docket Text: CIVIL CASE MANAGEMENT PLAN pursuant to Court Text Order of April 22, 2022 (Dkt. No. 198) by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Seidl, Christopher) |
| May 19, 2022 | 206 | Transcript (35) Docket Text: TRANSCRIPT of Proceedings: Motion held on 5/11/2022 before Judge David E. Peebles, Court Reporter: Hannah Cavanaugh, Telephone number: 315-234-8545. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/9/2022. Redacted Transcript Deadline set for 6/21/2022. Release of Transcript Restriction set for 8/17/2022. Notice of Intent to Redact due by 5/24/2022 (hfc, ) |
| May 19, 2022 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER granting [204] Letter Request for a Court conference insofar as the conference will be held with Magistrate Judge Therese Wiley Dancks. Conference scheduled for 6/6/2022 at 2:00 PM. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 7824. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/19/2022. (sg) |
| May 18, 2022 | 205 | Order on Motion to Compel (30) Docket Text: DECISION AND ORDER: Based upon the parties' oral and written presentations, and the court having carefully considered the pleadings and all intrinsic evidence, including the patent itself, it is hereby ORDERED that plaintiffs' motion to compel discovery (Dkt. No.[169]) is GRANTED, and it is further ORDERED that, within thirty (30) days of the date of this order, or, in the event of an appeal of this order, thirty (30) days after any such appeal is denied, and subject to extension by agreement of the parties or a subsequent court order, Amazon shall produce the discovery sought by the plaintiffs, including in their pending Rule 30(b)(6) deposition notice and two sets of discovery requests, and it is further ORDERED that the accused instrumentalities for the purpose of plaintiffs' discovery requests, including their deposition notice, consist of the following products and devices, subject to modification by agreement of the parties or upon a future court order. Signed by Magistrate Judge David E. Peebles on 5/18/2022. (mgh) |
| May 17, 2022 | 204 | Letter Request/Motion (3) Docket Text: Letter Motion from Jeremy A. Anapol for Amazon.com, Inc., Amazon.com, Inc. requesting Request for conference submitted to Judge David E. Peebles . (Anapol, Jeremy) |
| May 11, 2022 | N/A | Motion Hearing (0) Docket Text: TEXT Minute Entry for proceedings held in person before Magistrate Judge David E. Peebles: Motion Hearing held on 5/11/2022 re [169] Motion to Compel Discovery from Amazon.com, Inc. filed by CF Dynamic Advances LLC and Rensselaer Polytechnic Institute. After hearing oral argument from counsel, Magistrate Judge Peebles RESERVES DECISION at this time. A written decision will be forthcoming. APP: Christopher Seidel, Esq. and Li Zhu, Esq. for Plaintiffs. Jon Gurka, Esq. and John Powers, Esq. for Defendant. Time: 10:00 AM - 10:51 AM. (Court Reporter Hannah Cavanaugh) (sal) |
| May 11, 2022 | 202 | Transcript Request (2) Docket Text: TRANSCRIPT REQUEST 5/11/22 Motion Hearing by Amazon.com, Inc. for proceedings held on 5/11/22 before Judge David E. Peebles.. (D'Agostino, Mary) |
| May 11, 2022 | 203 | Transcript Request (3) Docket Text: TRANSCRIPT REQUEST for May 11, 2022 Motion Hearing by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute for proceedings held on May 11, 2022 before Judge David E. Peebles.. (Vogel, Bryan) |
| May 9, 2022 | 201 | Notice (Other) (2) Docket Text: NOTICE by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute (Seidl, Christopher) |
| Apr 29, 2022 | 199 | LETTER BRIEF (3) Docket Text: LETTER BRIEF to Hon. David E. Peebles pursuant to the Courts April 20, 2022 Order (Dkt. No. 195) by Amazon.com, Inc.. (Anapol, Jeremy) |
| Apr 29, 2022 | 200 | LETTER BRIEF (4) Docket Text: LETTER BRIEF to Hon. David E. Peebles pursuant to the Courts April 20, 2022 Order [195] by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Seidl, Christopher) |
| Apr 22, 2022 | 197 | Letter Request/Motion (4) Docket Text: STIPULATION/LETTER REQUEST re [117] Uniform Pretrial Scheduling Order, Joint Stipulation to Extend the Schedule by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute submitted to Judge Hummel. (Seidl, Christopher) Modified on 4/22/2022 to notate this is a letter request (jcl). |
| Apr 22, 2022 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER granting [197] Stipulation/Letter Request: Court has reviewed stipulation/request (Dkt. No. [197]) to extend deadlines which is granted per the stipulation. All previously established pretrial deadlines are held in abeyance at this time. The parties shall file a stipulated proposed revised schedule of pretrial deadlines no later than seven (7) days after a decision is issued on the pending motion to compel (Dkt. No. [169]) and if the parties are unable to stipulate, then each party shall file their respective proposed discovery schedule no later than seven (7) days after a decision is issued on the motion to compel. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 04/22/2022. (jcl) |
| Apr 20, 2022 | N/A | Telephone Conference (0) Docket Text: Text Minute Entry for Telephone Conference held on 4/20/2022 before Magistrate Judge David E. Peebles: Judge Peebles discussed the nature of the dispute with the parties as well as the feasibility of an in-person hearing on the motion. The parties indicated that they intend to file a stipulation request regarding the future deadlines in this action. APP: Christopher Seidl, Esq., and Li Zhu, Esq., for plaintiffs; and John Powers, Esq., Jeremy Anapol, Esq., and Jon Gurka, Esq., for defendant. (mmf) |
| Apr 20, 2022 | N/A | Notice of Hearing on Motion (0) Docket Text: TEXT NOTICE of Hearing on [169] MOTION to Compel Discovery: Motion Hearing set for 5/11/2022 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. (mmf) |
| Apr 20, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: In anticipation of a hearing in connection with plaintiffs' pending motion to compel discovery, and in order to aid the court and parties in defining the scope of discovery in this action pursuant to Fed. R. Civ. P. 26(b) and the court's local patent rules, the parties are hereby directed to file, on or before April 29, 2022, a letter not to exceed three pages in length, setting forth a proposed definition of the accused instrumentalities, to be utilized to define the scope of discovery in the action, subject to modification by the court, and setting forth with specificity the basis for the contention that the accused instrumentalities should be so defined. It is hereby SO ORDERED. Signed by Magistrate Judge David E. Peebles on 4/20/2022. (mmf, ) |
| Apr 20, 2022 | 196 | Transcript (27) Docket Text: TRANSCRIPT of Proceedings: Discovery Conference held on 8/31/2021 before Judge Christian F. Hummel, Court Reporter: Theresa Casal. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/11/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/19/2022. Notice of Intent to Redact due by 4/25/2022 (jlh, ) |
| Mar 28, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: Referring the Motion to Compel (Dkt. No. [169]) to recalled Magistrate Judge David Peebles for a decision and order. SO ORDERED by Judge Brenda K. Sannes on March 28, 2022. (rep) |
| Mar 25, 2022 | N/A | Scheduling Order (0) Docket Text: TEXT SCHEDULING ORDER: Pretrial deadlines are reset as follows: Discovery is to be completed by 8/15/2022. Dispositive motions are due by 9/15/2022. SO ORDERED by Judge Brenda K. Sannes on 3/25/2022. (nmk) |
| Mar 24, 2022 | 192 | Transcript Request (3) Docket Text: TRANSCRIPT REQUEST by Amazon.com, Inc. for proceedings held on 8/31/2021 before Judge Christian F. Hummel.. (D'Agostino, Mary) |
| Mar 21, 2022 | 191 | Transcript Request (3) Docket Text: TRANSCRIPT REQUEST by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute for proceedings held on 8/31/2021 before Judge Christian F. Hummel.. (Vogel, Bryan) |
| Mar 18, 2022 | 190 | Order on Opening Claim Construction Brief (22) Docket Text: MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that the Report and Recommendation (Dkt. No. [168]) is ADOPTED in all respects and the recommended claim constructions of the '798 Patent are adopted. Signed by Judge Brenda K. Sannes on 3/18/2022. (nmk) |
| Dec 16, 2021 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER: granting the 188 Letter Requesting leave to submit a responsive brief. Plaintiff's responsive brief [188-1] is accepted for filing and will be considered by the court. The briefing is now complete. So Ordered by Judge Brenda K. Sannes on 12/16/2021. (nmk) |
| Dec 10, 2021 | 187 | Memorandum of Law (10) Docket Text: MEMORANDUM OF LAW re [176] Objection to Report and Recommendations supplemental brief per Text Order 186 filed by Amazon.com, Inc.. (D'Agostino, Mary) |
| Dec 3, 2021 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER: granting the [185] Letter Requesting leave to submit a supplemental brief. Defendant may file a supplemental brief, not to exceed 5 pages in length, by 12/10/2021. So Ordered by Judge Brenda K. Sannes on 12/3/2021. (nmk) |
| Dec 1, 2021 | 185 | Letter Request/Motion (3) Docket Text: Letter Motion from Jeremy A. Anapol for Amazon.com, Inc., Amazon.com, Inc. requesting oral argument or leave to submit a supplemental brief submitted to Judge Brenda K. Sannes . (D'Agostino, Mary) |
| Nov 16, 2021 | 184 | Memorandum of Law (10) Docket Text: MEMORANDUM OF LAW re [177] Memorandum of Law, [169] Motion to Compel,,,,, sur-reply brief in further opposition to motion to compel (per Text Order 181) filed by Amazon.com, Inc.. (D'Agostino, Mary) |
| Nov 8, 2021 | N/A | Order on Motion for Leave to File (0) Docket Text: TEXT ORDER: Court has reviewed Plaintiffs' motion (Dkt. No. [180]) to file a reply brief in support of their pending motion to compel (Dkt. No. [169]) which is granted. The Court will consider the reply brief (Dkt. No. 180-1) when determining the motion to compel. Defendants may file, but are not required to file, a sur-reply brief, no longer than 5pp, double spaced, 12 pt. font (plus tables of contents and authorities) by 11/16/2021 addressing the issues in Dkt. No. 180-1 only. No further briefing will be allowed on the motion to compel. No oral argument on the motion is needed at this time, but the Court will notice it for argument if necessary in the future. Court has also reviewed motion (Dkt. No. [170]) to file unredacted documents of certain exhibits for the motion to compel (Dkt. No. 169), specifically exhibits 9 and 17, and the entire exhibit 16, under seal which is unopposed. Court has reviewed unredacted and complete copies of the relevant exhibits and finds that while the exhibits are judicial documents, the information requested to be sealed is proprietary commercial information and source code information such that sealing is appropriate. Therefore, the Clerk is directed to file the unredacted copies of exhibits 9, 16, and 17 regarding the motion to compel (Dkt. No. 169) under seal. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/8/2021. (sg) |
| Nov 5, 2021 | 179 | Order Reassigning Case (2) Docket Text: ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Therese Wiley Dancks for all further proceedings. Magistrate Judge Christian F. Hummel no longer assigned to case. The case will remain assigned to U.S. District Judge Brenda K. Sannes. Signed by Magistrate Judge Christian F. Hummel on 11/5/2021. (mgh) |
| Nov 2, 2021 | 178 | Notice (Other) (2) Docket Text: NOTICE by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute Notice of Withdrawal of Counsel (Rosenthal, Danielle) |
| Oct 21, 2021 | 175 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Mary L. D'Agostino on behalf of Amazon.com, Inc. (D'Agostino, Mary) |
| Oct 21, 2021 | 176 | Objection to Report and Recommendations (30) Docket Text: OBJECTION to [168] Report and Recommendations by Amazon.com, Inc.. Response to Objections to R&R due by 11/12/2021 (D'Agostino, Mary) |
| Oct 18, 2021 | 174 | Notice (Other) (2) Docket Text: NOTICE by Amazon.com, Inc. Notice of Withdrawal of Counsel (Cianfrani, Joseph) |
| Oct 15, 2021 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER: granting [172] letter request for an extension of time. Objections to the [168] Report-Recommendation are due by 10/21/2021. Any responses to objections are due by 11/12/2021. So Ordered by Judge Brenda K. Sannes on 10/15/2021. (nmk) |
| Oct 14, 2021 | 172 | Letter Request/Motion (2) Docket Text: Letter Motion from John G. Powers for Amazon.com, Inc., Amazon.com, Inc. requesting one-week extension to file objections to R&R [Dkt. No. 168] with corresponding one-week extension to file response to objections submitted to Judge Brenda K. Sannes . (Powers, John) |
| Oct 1, 2021 | 171 | Affidavit (3) Docket Text: AFFIDAVIT re [170] MOTION for Leave to File Documents Under Seal filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Declaration of Christopher Seidl by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Seidl, Christopher) |
| Sep 30, 2021 | 168 | Report and Recommendations (52) Docket Text: REPORT AND RECOMMENDATION: After carefully considering the '798 Patent as a whole, including its specification, the prosecution history associated with it, extrinsic materials submitted by the parties, and the arguments of counsel, it is hereby RECOMMENDED that the court adopt the following claim term constructions as set for in this Report and Recommendation. It is hereby ORDERED that the Clerk of the court serve a copy of this report and recommendation upon the parties in accordance with this court's local rules. Objections to R&R due by 10/14/2021. Signed by Magistrate Judge David E. Peebles on 9/30/2021. (mgh) |
| Aug 31, 2021 | N/A | Discovery Hearing (0) Docket Text: Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on 8/31/2021. Appearances by Danielle Rosenthal, Esq.; Christopher Seidl, Esq. and LiZhu, Esq. for Plaintiff RPI, et al. Jeremy Anapol, Esq. and John G. Powers, Esq. for Defendant Amazon. Discover issues are set forth and argued. The Court sets a briefing schedule for Plaintiff to file a Motion to Compel. Plaintiff to file the motion by 9/30/2021, Defense to respond by 10/29/2021. The Court indicates that the response deadline is set, regardless of whether or not plaintiff files their motion sooner. (Court Reporter Theresa Casal) (tab) |
| Aug 18, 2021 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER granting [165] Letter Motion from Christopher A. Seidl for CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute requesting a discovery conference : A Discovery Hearing has been set for Tuesday, 8/31/2021 @ 11:00 AM in Albany. Counsel each have the option of appearing either in-person or by telephone for this conference. If appearing by telephone, counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call. Authorized by Magistrate Judge Christian F. Hummel on 8/18/2021. (tab) |
| Aug 13, 2021 | 166 | RESPONSE TO LETTER BRIEF (3) Docket Text: RESPONSE TO LETTER BRIEF filed by Amazon.com, Inc. as to [165] Letter Request/Motion, filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute . (Anapol, Jeremy) |
| Aug 3, 2021 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER granting [163] Letter Request, [163] Letter Motion from John G. Powers for Amazon.com, Inc. requesting the Court take notice of the Federal Circuit's recent decision in SpeedTrack, Inc. v. Amazon.com, Inc. submitted to Judge Peebles : Defendant submitted a letter requesting that the court take notice of a Federal Circuit decision in SpeedTrack, Inc. v. Amazon.com, Inc., Dkt. No. 163. Plaintiff's while not opposing the request, have submitted a letter response addressing the potential significance of that case. Dkt. No. 164. To the extent that defendant requested that the court consider the Federal Circuit's decision in SpeedTrack, Inc., and its potential affect on the outstanding claim construction question in this action, the request is hereby GRANTED. Signed by Magistrate Judge David E. Peebles on 8/3/21. (cam, ) |
| Jun 11, 2021 | 164 | RESPONSE TO LETTER BRIEF (2) Docket Text: RESPONSE TO LETTER BRIEF filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute as to [163] Letter Request/Motion filed by Amazon.com, Inc. submitted to Judge Peebles. (Seidl, Christopher) |
| Jun 9, 2021 | 163 | Letter Request/Motion (17) Docket Text: Letter Motion from John G. Powers for Amazon.com, Inc. requesting the Court take notice of the Federal Circuit's recent decision in SpeedTrack, Inc. v. Amazon.com, Inc. submitted to Judge Peebles . (Powers, John) |
| Jun 2, 2021 | 162 | Transcript (205) Docket Text: TRANSCRIPT of Proceedings: Markman Hearing held on 4/29/2021 before Magistrate Judge David E. Peebles, Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/23/2021. Redacted Transcript Deadline set for 7/6/2021. Release of Transcript Restriction set for 8/31/2021. Notice of Intent to Redact due by 6/7/2021 (etm, ) |
| May 25, 2021 | 161 | Notice (Other) (4) Docket Text: Waivers of Conflict: Notice that parties waive any potential conflict and wish to have Judge Sannes continue to preside over this matter. (nmk) |
| May 5, 2021 | 160 | Transcript Request (3) Docket Text: TRANSCRIPT REQUEST by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute for proceedings held on 4/29/2021 before Judge David E. Peebles.. (Vogel, Bryan) |
| May 3, 2021 | 159 | Transcript Request (3) Docket Text: TRANSCRIPT REQUEST by Amazon.com, Inc. for proceedings held on 4/29/2021 before Judge David E. Peebles.. (Powers, John) |
| Apr 30, 2021 | N/A | Markman Hearing (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Markman Hearing held on 4/29/2021. Attys gives introductory remarks, conduct invention tutorials. Parties conduct oral argument and address patent definiteness/indefiniteness, methods and steps. Parties also present claim construction arguments. Attys make closing remarks. Parties to submit briefing on medadata. Decision Reserved. APP: Christopher Seidl, Esq; Li Zhu, Esq, and Shui Li, Esq. for Pltfs; Joseph Re, Esq; Jeremy Anapol, Esq; Jon Gurka, Esq.; John Powers, Esq (local counsel) for Deft. (Court Reporter Eileen McDonough) (bjw, ) |
| Mar 16, 2021 | N/A | Order (0) Docket Text: TEXT ORDER GRANTING re [152] RESPONSE TO LETTER BRIEF filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Signed by Magistrate Judge David E. Peebles on 3/16/21. (cam, ) |
| Mar 16, 2021 | 155 | Responsive Claim Construction Brief (12) Docket Text: Responsive Claim Construction Brief by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Seidl, Christopher) |
| Mar 12, 2021 | N/A | Notice of Hearing (0) Docket Text: TEXT NOTICE of CLAIM CONSTRUCTION HEARING scheduled for 4/29/21 at 10:00 AM in-person, in Syracuse before Magistrate Judge David E. Peebles. If the parties are intending to produce submissions other than what has previously been submitted to the court, they must exchange and submit them to the court by 4/22/21. (cam, )(cam, ) |
| Mar 2, 2021 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER granting [151] Letter Request. Authorized by Magistrate Judge David E. Peebles on 3/2/21. (cam, ) |
| Mar 2, 2021 | N/A | Telephone Conference (0) Docket Text: TEXT Minute Entry for a telephone conference held before Magistrate Judge David E. Peebles on 3/2/2021. Parties discussed the logistics of scheduling the claim construction hearing and it was agreed by the parties to hold the hearing in-person at a date to be decided at the end of April. They will confer with their respective clients and report back to the court as to the agreed upon date. APP. Danielle Rosenthal, Esq., Christopher Seidl, Esq. for plaintiffs, and Jeremy Anapol, Esq., Joseph Re, Esq., and John Powers, Esq. for the defendant. (cam, ) |
| Mar 2, 2021 | 152 | RESPONSE TO LETTER BRIEF (1) Docket Text: RESPONSE TO LETTER BRIEF filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute as to [151] Letter Request/Motion filed by Amazon.com, Inc. . (Seidl, Christopher) |
| Mar 1, 2021 | 151 | Letter Request/Motion (2) Docket Text: Letter Motion from John G. Powers for Amazon.com, Inc., Amazon.com, Inc. requesting leave to file supplemental claim construction brief with consent of plaintiffs submitted to Judge David E. Peebles . (Powers, John) |
| Feb 17, 2021 | N/A | Order (0) Docket Text: TEXT ORDER REFERRING claims construction hearing to recalled Magistrate Judge David E. Peebles for Report-Recommendation. SO ORDERED by Judge Brenda K. Sannes on 2/17/2021. (rjb, ) |
| Dec 23, 2020 | 149 | Status Report (5) Docket Text: STATUS REPORT Claim Construction Hearing Joint Status Report by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Seidl, Christopher) |
| Nov 17, 2020 | 146 | Order on Motion for Protective Order (27) Docket Text: PROTECTIVE ORDER [granting [145] Motion for Protective Order]. Signed by Magistrate Judge Christian F. Hummel on 11/17/2020. (tab) |
| Nov 13, 2020 | 145 | Motion for Protective Order (27) Docket Text: Proposed MOTION for Protective Order filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Motions referred to Christian F. Hummel. (Seidl, Christopher) |
| Nov 9, 2020 | 144 | Affidavit (30) Docket Text: AFFIDAVIT of Dr. Steven Shwartz in Support of Plaintiffs' Opening Claim Construction Brief by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Seidl, Christopher) |
| Oct 28, 2020 | N/A | Set Deadlines/Hearings (0) Docket Text: Set Deadlines/Hearings: Notice of Compliance Deadline to Submit new Protective Order by 11/27/2020. (mgh) |
| Oct 28, 2020 | 141 | Order on Motion for Protective Order (27) Docket Text: MEMORANDUM, DECISION & ORDER: ORDERED, that Amazon's [120] motion is GRANTED, and a two-year patent prosecution bar and a two-year patent acquisition bar will be incorporated into the parties' protective order, subject to the terms and modifications included in this Memorandum, Decision & Order; ORDERED, that the parties will submit to the Court a new Protective Order within Thirty (30) Days of the date of this Memorandum, Decision & Order that incorporates the terms as discussed herein relating to the prosecution and acquisition bars, which will be included in a revised Paragraph 9(a) and (b), as well as a revised Paragraph 5(f) that incorporates the issue previously resolved by the Court on May 27, 2020, relating to source code printouts.Signed by Magistrate Judge Christian F. Hummel on 10/28/2020. (mgh) |
| Oct 26, 2020 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: TEXT ORDER granting [137] Motion for Limited Admission Pro Hac Vice for Taylor Y. Moore-Willis, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 10/26/2020. (tab) |
| Oct 26, 2020 | 140 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Taylor Moore-Willis on behalf of CF Dynamic Advances LLC, Rensselaer Polytechnic Institute (Moore-Willis, Taylor) |
| Oct 22, 2020 | N/A | Status Conference (0) Docket Text: Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Status Conference held on 10/22/2020 by telephone. Appearances by Danielle Rosenthal, Esq. Christopher Seidl, Esq. for the Plaintiff; James Youngs, Esq. and Jon Gurka, Esq. for Defendant. The Court advises counsel that as their motion for a protective Order is pending, it is now in draft and will be issued soon. Parties express appreciation for the Court's update and will await the order being issued. (tab) |
| Oct 22, 2020 | 138 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Jon W. Gurka on behalf of Amazon.com, Inc. (Gurka, Jon) |
| Oct 21, 2020 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER granting [134] Letter Request from John G. Powers, Esq. for Amazon.com, Inc. requesting Court to allow Jon W. Gurka to appear at conference. Authorized by Magistrate Judge Christian F. Hummel on 10/21/2020. (tab) |
| Oct 21, 2020 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: TEXT ORDER granting [133] Motion for Limited Admission Pro Hac Vice for Jon W. Gurka, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 10/21/2020. (tab) |
| Oct 21, 2020 | 137 | Motion for Limited Admission Pro Hac Vice (9) Docket Text: MOTION for Limited Admission Pro Hac Vice of Taylor Y. Moore-Willis Filing fee $100, receipt number ANYNDC-5288591. filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Motions referred to Christian F. Hummel. (Vogel, Bryan) |
| Oct 20, 2020 | 134 | Letter Request/Motion (2) Docket Text: Letter Motion from John G. Powers, Esq. for Amazon.com, Inc., Amazon.com, Inc. requesting Court to allow Jon W. Gurka to appear at conference submitted to Judge Hummel . (Powers, John) |
| Oct 19, 2020 | 132 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Benjamen C Linden on behalf of CF Dynamic Advances LLC, Rensselaer Polytechnic Institute (Linden, Benjamen) |
| Oct 14, 2020 | N/A | Notice of Hearing (0) Docket Text: COURT NOTICE of Conference: A Telephone Conference has been set for Thursday, 10/22/2020 @ 11:30 AM before Magistrate Judge Christian F. Hummel. Parties are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call.(tab) |
| Oct 13, 2020 | 130 | Letter Request/Motion (2) Docket Text: Joint Letter Motion from Christopher A. Seidl on behalf of all parties for CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute requesting A status conference on pending motion for confidentiality order submitted to Judge Christian F. Hummel . (Seidl, Christopher) |
| Sep 24, 2020 | 129 | Joint Claim Construction and Pre-Hearing Statement (14) Docket Text: Joint Claim Construction and Pre-Hearing Statement by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Open Claim Brief due by 11/9/2020. (Seidl, Christopher) |
| Sep 3, 2020 | 128 | Order (13) Docket Text: ORDER approving [127] JOINT STIPULATION FOR ELECTRONICALLY STORED INFORMATION filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Signed by Magistrate Judge Christian F. Hummel on 9/3/2020. (tab) |
| Sep 2, 2020 | 127 | Stipulation (13) Docket Text: STIPULATION Joint Stipulation for Electronically Stored Information by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute submitted to Judge Christian F. Hummel. (Seidl, Christopher) |
| Aug 17, 2020 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: TEXT ORDER granting [124] Motion for Limited Admission Pro Hac Vice for Benjamen C. Linden, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 8/17/2020. (tab) |
| Aug 14, 2020 | N/A | Notice of Attorney Admission Filing Deficiency (0) Docket Text: Notice of Filing Deficiency re: [124] Motion for Limited Admission Pro Hac Vice of Benjamin C. Linden. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Petition for Admission to Practice form published by the Court 12/2019 The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Aug 14, 2020 | 125 | Supplemental Admission documents (2) Docket Text: Supplemental Admission documents re: [124] Motion for Limited Admission Pro Hac Vice,. (Vogel, Bryan) |
| Jul 9, 2020 | N/A | Notice of Hearing on Motion (0) Docket Text: TEXT NOTICE RE: [120] MOTION for Protective Order : The Motion Return date is 7/16/2020 and this motion is considered fully briefed before Magistrate Judge Christian F. Hummel. This Motion will be taken on Submit unless otherwise directed. No oral argument or hearing is scheduled on this motion, at this time. (tab) |
| Jun 10, 2020 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: TEXT ORDER granting [116] Motion for Limited Admission Pro Hac Vice for Alan G. Laquer, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 6/10/2020. (tab) |
| Jun 4, 2020 | N/A | Notice of Attorney Admission Filing Deficiency (0) Docket Text: Notice of Filing Deficiency re: [116] Motion for Limited Admission Pro Hac Vice of Alan Laquer. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Certificate of Good Standing that has been issued by a Court; the updated Petition for Admission to Practice published by the Court December 2019 The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Jun 4, 2020 | 117 | Uniform Pretrial Scheduling Order (25) Docket Text: AMENDED UNIFORM PRETRIAL SCHEDULING ORDER with ATTACHMENT A: Anticipated length of trial: 7 Days (Jury Trial). Preferred Trial Location: Syracuse, NY. Joinder of Parties due by 9/17/2020. Amended Pleadings due by 9/17/2020. Parties are to follow the procedures as set forth in the Patent Local Rules of this district, as modified in Attachment A of this order. Signed by Magistrate Judge Christian F. Hummel on 6/2/2020. (tab) |
| Jun 2, 2020 | N/A | Order Removing Case from ADR (0) Docket Text: TEXT ORDER: The Court held a Rule 16 Initial Conference with the parties on 5/27/2020. The Court, sua sponte, exempts this matter from the Mandatory Mediation Program. SO ORDERED. Authorized by by Magistrate Judge Christian F. Hummel on 6/2/2020. (tab) |
| Jun 2, 2020 | N/A | Order (0) Docket Text: TEXT ORDER Setting Briefing Schedule for Parties Re: Confidentiality Order, as was directed during the 5/27/2020 Initial Conference. Defendant to file it's brief regarding a proposed confidentiality Order on or by 6/10/2020; Plaintiff's response is due by 6/24/2020; Any reply to response by Defendant is due by 7/1/2020. The Motion regarding a Confidentiality Order will be taken on submit, unless otherwise directed. Authorized by Magistrate Judge Christian F. Hummel on 6/2/2020. (tab) |
| Jun 2, 2020 | 113 | Uniform Pretrial Scheduling Order (24) Docket Text: UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 7-10 Days (Jury Trial). Preferred Trial Location: Syracuse, NY. Joinder of Parties due by 9/17/2020. Amended Pleadings due by 9/17/2020. All discovery in this matter, including expert depositions, must be completed within 120 days days following the issuance of the courts decision on claim construction. All dispositive motions in the case shall be filed within 150 days days following the issuance of the Courts decision on claim construction. Signed by Magistrate Judge Christian F. Hummel on 6/2/2020. (tab) |
| Jun 2, 2020 | 115 | Order (1) Docket Text: ORDER approving [114] Notice of Withdrawal of Counsel filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. Attorney Taylor Moore-Willis terminated. Signed by Magistrate Judge Christian F. Hummel on 6/2/2020. (tab) |
| May 27, 2020 | N/A | Pretrial Conference - Initial (0) Docket Text: Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 5/27/2020 by telephone. Appearances by Danielle Rosenthal, Esq., Christopher Seidl, Esq., and Li Zhu, Esq. for plaintiffs; Jeremy Anapol, Esq., John Powers, Esq., and Joseph Re, Esq. for Defendants. Pretrial deadlines are established and adopted by parties and the Court. A Scheduling order to be issued. The case will be removed from Mandatory Mediation. Parties wish to brief the issue of a confidentiality Order and a briefing schedule is set by the Court. (tab) |
| May 20, 2020 | 110 | CIVIL CASE MANAGEMENT PLAN (30) Docket Text: CIVIL CASE MANAGEMENT PLAN Joint Case Management Plan by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Seidl, Christopher) |
| Apr 30, 2020 | N/A | Notice of Hearing (0) Docket Text: NOTICE of Conference: A Telephone Initial Conference has been set for Wednesday, 5/27/2020 @ 11:30 AM in Albany before Magistrate Judge Christian F. Hummel. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/20/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Parties are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call.(tab) |
| Apr 27, 2020 | 108 | Order on Motion to Dismiss (10) Docket Text: ORDER adopting [103] Report and Recommendations and denying [89] motion to dismiss, or in the alternative, to stay this action. Signed by Judge Brenda K. Sannes on 4/27/2020. (rjb, ) |
| Apr 8, 2020 | N/A | Order (0) Docket Text: TEXT ORDER: The Court amends the Text Order (Dtk. No. 106) as follows. The Court has received Plaintiff's timely Response [105] to Defendant's [104] objections, filed in accord with NDNY L.R. 72.1(c). SO ORDERED by Judge Brenda K. Sannes on 4/8/2020. (rjb, ) |
| Mar 25, 2020 | N/A | Order (0) Docket Text: TEXT ORDER: The Court has received Plaintiff's [105] Response to Defendant's [104] Objections to the Report-Recommendation. The Court notes that Plaintiff's counsel did not receive prior permission from the Court to file their response, however, after reviewing the response, the Court will accept it for filing. SO ORDERED by Judge Brenda K. Sannes on 3/25/2020. (rjb, ) |
| Feb 25, 2020 | 103 | Report and Recommendations (35) Docket Text: REPORT AND RECOMMENDATION: RECOMMENDED that [89] defendant's motion to dismiss or, in the alternative, to stay this action be DENIED in its entirety. Objections to R&R due by 3/10/2020. Signed by Magistrate Judge David E. Peebles on 2/25/2020. (mgh) |
| Feb 18, 2020 | N/A | Order (0) Docket Text: TEXT ORDER re [101] LETTER BRIEF filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. If desired, defendant Amazon.com, Inc. shall respond to plaintiffs' supplemental letter, Dkt. No. 101, on or before February 19, 2020. Authorized by Magistrate Judge David E. Peebles on 2/18/20. (cam, ) |
| Feb 14, 2020 | 101 | LETTER BRIEF (2) Docket Text: LETTER BRIEF to Hon. M.J. Peebles from Mr. Seidl Supplementing Statement Made During Jan. 21, 2020 Hearing by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Seidl, Christopher) |
| Feb 12, 2020 | 100 | Transcript (68) Docket Text: TRANSCRIPT of Proceedings: Motion Hearing held on 1/21/2020 before Judge David E. Peebles, Court Reporter: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/4/2020. Redacted Transcript Deadline set for 3/16/2020. Release of Transcript Restriction set for 5/12/2020. Notice of Intent to Redact due by 2/18/2020 (jlh, ) |
| Jan 22, 2020 | 98 | Transcript Request (2) Docket Text: TRANSCRIPT REQUEST by Amazon.com, Inc. for proceedings held on 1/21/2020 before Judge David E. Peebles.. (Powers, John) |
| Jan 22, 2020 | 99 | Transcript Request (2) Docket Text: TRANSCRIPT REQUEST by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute for proceedings held on January 21, 2020 before Judge Magistrate Judge David Peebles.. (Rosenthal, Danielle) |
| Jan 21, 2020 | N/A | Motion Hearing (0) Docket Text: TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Motion Hearing held on 1/21/2020 re [89] Motion to Dismiss or Stay filed by Amazon.com, Inc.. After hearing oral argument from counsel, Magistrate Judge Peebles RESERVED DECISION at this time. A Report and Recommendation will be issued to District Judge Sannes in due course. APP: Christopher Seidl, Esq., Danielle Rosenthal, Esq. and Bruce Hunter (client representative) for Plaintiff. Jeremy Anapol, Esq., Joseph Cianfrani, Esq., and John Powers, Esq. for Defendant. Time: 10:04 AM - 11:56 AM. (Court Reporter Jodi Hibbard) (sal ) |
| Dec 19, 2019 | N/A | Notice of Hearing on Motion (0) Docket Text: TEXT NOTICE of Hearing on Motion [89] MOTION to Dismiss or Stay: Motion Hearing set for 1/21/2020 at 10:00 am in Syracuse before Magistrate Judge David E. Peebles (cam, ) |
| Dec 17, 2019 | N/A | Order Referring Motion (0) Docket Text: TEXT ORDER REFERRING [89] Motion to Dismiss or Stay filed by Amazon.com, Inc. to recalled Magistrate Judge David E. Peebles for Report-Recommendation. SO ORDERED by Judge Brenda K. Sannes on 12/17/2019. (rjb, ) |
| Nov 22, 2019 | N/A | Notice (Other) (0) Docket Text: TEXT NOTICE TO COUNSEL - The Court notes counsels' request for oral argument regarding the [89] motion to dismiss. Once the motion has been fully reviewed, counsel will be notified if the Court deems a hearing necessary. (rjb, ) |
| Nov 12, 2019 | 95 | Order (1) Docket Text: ORDER withdrawing appearance of Attorney Stephanie Diehl. Signed by Judge Brenda K. Sannes on 11/12/2019. (rjb, ) |
| Oct 8, 2019 | N/A | Order (0) Docket Text: TEXT ORDER: The Text Only Notice issued on 10/4/2019 is hereby VACATED by the Court. The motion deadlines set by Magistrate Judge Hummel, with the parties, during the conference held 9/19/2019 will be the controlling deadlines. SO ORDERED by Judge Brenda K. Sannes on 10/8/2019. (rjb, ) |
| Oct 4, 2019 | N/A | Notice of Hearing on Motion (0) Docket Text: ***VACATED BY DKT. NO. 90*** TEXT ONLY NOTICE of Hearing on Motion [89] MOTION to Dismiss or Stay : Response to Motion due by 11/4/2019. Reply to Response to Motion due by 11/12/2019. Motion Hearing set for 11/21/2019 at 10:00 AM in Syracuse before Judge Brenda K. Sannes on SUBMIT only. No personal appearances are needed. (jel, ) Modified on 10/8/2019 (rjb, ). |
| Sep 19, 2019 | N/A | Pretrial Conference - Initial (0) Docket Text: Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 9/19/2019. Appearances by Danielle Rosenthal, Esq. for Plaintiff (appearing in person); Jeremy Anapol, Esq., Jim Youngs, Esq., and Joseph Re, Esq. for Defendants (via telephone). Parties discuss the case status. Defendant indicates their intention to file a Motion to Stay and a Motion to Dismiss. Pretrial deadlines, normally set at the initial conference, are not set at this time. The Court sets a briefing schedule for Defendant's anticipated Motions. Defendant is directed to file the Motion to Stay and the Motion to Dismiss by 10/3/2019. Plaintiff's response to those motions is set for 10/28/2019. Any reply by Defendant is limited to 10 pages and is due by 11/7/2019. These motions will be made returnable before District Judge, Brenda K. Sannes and will be taken on submit unless otherwise directed by Judge Sannes' chambers. (tab) |
| Sep 17, 2019 | 88 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by James P. Youngs on behalf of Amazon.com, Inc. (Youngs, James) |
| Sep 16, 2019 | 86 | Status Report (1) Docket Text: STATUS REPORT re: Rule 16 conference by Amazon.com, Inc.. (Powers, John) |
| Sep 16, 2019 | 87 | CIVIL CASE MANAGEMENT PLAN (30) Docket Text: CIVIL CASE MANAGEMENT PLAN Joint Case Management Plan by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Seidl, Christopher) |
| Sep 11, 2019 | 85 | Answer to Counterclaim (8) Docket Text: PLAINTIFFS' REPLY/ ANSWER to [82] Answer to Complaint, Counterclaim by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute.(Seidl, Christopher) |
| Aug 30, 2019 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER granting [83] Letter Request from Bryan J. Vogel for CF Dynamic Advances LLC, CF Dynamic Advances LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute requesting the Scheduling of a Rule 16 Initial Conference: The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/16/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The Initial Conference has been set for Thursday, 9/19/2019 @ 11:30 AM in Albany before Magistrate Judge Christian F. Hummel. Parties are permitted to participate in this conference by telephone. The dial in instructions for telephone participation is: 1-888-684-8852, enter access code 9772719# and security code 1234# to join. (Personal appearances, for local counsel is welcome, if preferred.) Authorized by Magistrate Judge Christian F. Hummel on 8/30/2019. (tab) Modified on 8/30/2019 to correct a typographical error (tab). |
| Aug 21, 2019 | 82 | Answer to Complaint (17) Docket Text: ANSWER to [1] Complaint , Defenses and, COUNTERCLAIM against CF Dynamic Advances LLC, Rensselaer Polytechnic Institute by Amazon.com, Inc..(Powers, John) |
| Aug 7, 2019 | 81 | Order on Motion to Transfer Case (30) Docket Text: ORDER denying [34] Motion to Transfer Case. Signed by Judge Brenda K. Sannes on 8/7/2019. (rjb, ) |
| Jul 30, 2019 | 80 | Order on Motion for Leave to File (9) Docket Text: ORDER granting in part and denying in part [77] Motion to Seal. Signed by Judge Brenda K. Sannes on 7/30/2019. (rjb, ) |
| Jul 25, 2019 | 79 | Response in Opposition to Motion (13) Docket Text: RESPONSE in Opposition re [77] Supplemental MOTION for Leave to File filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Vogel, Bryan) |
| Jul 23, 2019 | N/A | Order (0) Docket Text: TEXT ORDER: Plaintiffs are directed to notify the Court by July 25, 2019 whether they intend to submit any response to Defendant's renewed motion for sealing [77]. SO ORDERED by Judge Brenda K. Sannes on 7/23/2019. (rjb, ) |
| Jun 28, 2019 | 75 | Letter Request/Motion (3) Docket Text: Letter Motion from John G. Powers, Esq. for Amazon.com, Inc. requesting extension of current deadline of Motion to Seal submitted to Judge Sannes . (Powers, John) |
| Jun 28, 2019 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER granting [75] Letter Request, motion to seal due by 7/16/2019. SO ORDERED by Judge Brenda K. Sannes on 6/28/2019. (rjb, ) |
| Jun 18, 2019 | 74 | Order on Motion for Leave to File (13) Docket Text: ORDER granting in part and denying in part [69], [71] and [73] Motions to Seal. The Clerk of Court shall file on the public docket the unredacted version of Defendant's supplemental opening brief in support of its motion to transfer (Dkt. No. [68]); the Clerk of Court shall SEAL the following submissions: Exhibit 4 (Dkt. No. [70]-5); Exhibit 6 (Dkt. No. [70]-7); Exhibits 11 to 19 (Dkt. No. [70]-12 to -20); Exhibit 21 (Dkt. No. [70]-22); Exhibit 30 (Dkt. No. [70]-31); and Exhibit 31 (Dkt. No. [70]-32). With respect to the items for which sealing has been denied, the parties may renew their motions to seal no later than July 2, 2019. On July 3, 2019, the Clerk of Court shall publicly file those items for which sealing has been denied unless covered by the parties' timely renewed motions to seal. Signed by Judge Brenda K. Sannes on 6/18/2019. (rjb, ) |
| Apr 18, 2019 | N/A | Clerk's Correction of Docket Entry (0) Docket Text: CLERK'S CORRECTION OF DOCKET ENTRY [72]. Clerk attached slip sheet for Exhibit I and a redacted version of the Judson Declaration received from counsel pursuant to the request of chambers. (rjb, ) |
| Mar 20, 2019 | 67 | Protective Order (25) Docket Text: LIMITED CONFIDENTIALITY ORDER FOR VENUE-RELATED DISCOVERY. Signed by Magistrate Judge Christian F. Hummel on 3/20/2019. (tab) |
| Mar 18, 2019 | 66 | Stipulation (25) Docket Text: STIPULATION (Limited Confidentiality Order for Venue-Related Discovery) by Amazon.com, Inc. submitted to Judge Christian F. Hummel. (Heideman, Colin) |
| Jan 22, 2019 | N/A | Order (0) Docket Text: TEXT ORDER approving the [64] Stipulation. Venue Discovery due by 2/27/2019; Defendant's Supplemental Motion Papers due by 3/21/2019; Plaintiffs' Supplemental Response due by 4/4/2019; Defendant's Supplemental Reply due by 4/11/2019. SO ORDERED by Judge Brenda K. Sannes on 1/22/2019. (rjb, ) |
| Jan 20, 2019 | 64 | Stipulation (4) Docket Text: STIPULATION re [60] Order, Joint Stipulation to Extend Scheduling Order by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute submitted to Judge Brenda K. Sannes. (Vogel, Bryan) |
| Dec 10, 2018 | 63 | Transcript (40) Docket Text: TRANSCRIPT of Proceedings: Motion Hearing held on 11/30/2018 before Judge Brenda K. Sannes, Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/31/2018. Redacted Transcript Deadline set for 1/10/2019. Release of Transcript Restriction set for 3/11/2019. Notice of Intent to Redact due by 12/17/2018 (etm, ) |
| Dec 3, 2018 | 61 | Transcript Request (2) Docket Text: TRANSCRIPT REQUEST by Amazon.com, Inc. for proceedings held on November 30, 2018 before Judge Brenda K. Sannes.. (Cianfrani, Joseph) |
| Nov 30, 2018 | N/A | Motion Hearing (0) Docket Text: TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Motion Hearing held on 11/30/2018 re: [34] MOTION to Transfer Case to the Western District of Washington filed by Amazon.com, Inc.. Appearances: Christopher Seidl, Esq., Bryan Vogel, Esq. and Li Zhu, Esq. for Plaintiff; Joseph Re, Esq., John Powers, Esq. and Joseph Cianfrani, Esq. for Defendant. Judge Sannes hears from Attorneys Re and Seidl on Defendant's motion to transfer. Discovery on the limited issue of venue will be permitted at this time. Judge Sannes gives counsel 60 days to complete the discovery and sets deadlines for supplemental motion papers. Text order to be issued. (Court Reporter Eileen McDonough; 10:30AM-11:24AM) (rjb, ) |
| Nov 30, 2018 | N/A | Order (0) Docket Text: TEXT ORDER: Discovery on the venue issue to be completed by 1/28/2019. Defendant's supplemental motion papers due by 2/19/2019; Plaintiff's supplemental response due by 3/5/2019; Defendant's supplemental reply due by 3/12/2019. The page limitations set forth in Local Rule 7.1 will apply to the supplemental briefs. SO ORDERED by Judge Brenda K. Sannes on 11/30/2018. (rjb, ) |
| Nov 20, 2018 | 56 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Joseph R. Re on behalf of Amazon.com, Inc. (Re, Joseph) |
| Nov 20, 2018 | 57 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Joseph S. Cianfrani on behalf of Amazon.com, Inc. (Cianfrani, Joseph) |
| Nov 20, 2018 | 58 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Colin Heideman on behalf of Amazon.com, Inc. (Heideman, Colin) |
| Nov 20, 2018 | 59 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Jeremy A. Anapol on behalf of Amazon.com, Inc. (Anapol, Jeremy) |
| Nov 8, 2018 | N/A | Notice of Hearing on Motion (0) Docket Text: TEXT NOTICE TO COUNSEL: The [34] Motion to Transfer will be heard by Judge Brenda K. Sannes. Oral Argument on the motion and a status conference as requested in Dkt. No. [55] are hereby scheduled for November 30, 2018 at 10:30 AM in Syracuse.(rjb, ) |
| Nov 5, 2018 | 55 | RESPONSE TO LETTER BRIEF (2) Docket Text: RESPONSE TO LETTER BRIEF filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute as to [54] LETTER BRIEF filed by Amazon.com, Inc. Responding to Amazon.com, Inc.'s Letter and Requesting Status Conference. (Vogel, Bryan) |
| Oct 30, 2018 | 54 | LETTER BRIEF (3) Docket Text: LETTER BRIEF in response to Plaintiffs' letter dated October 12, 2018 by Amazon.com, Inc.. (Powers, John) |
| Oct 25, 2018 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: ORDER granting [45] Motion for Limited Admission Pro Hac Vice of Jeremy A. Anapol, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 10/25/2018. (tab) |
| Oct 25, 2018 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: ORDER granting [46] Motion for Limited Admission Pro Hac Vice of Joseph S. Cianfrani, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 10/25/2018. (tab) |
| Oct 25, 2018 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: ORDER granting [48] Motion for Limited Admission Pro Hac Vice for Colin B. Heideman, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 10/25/2018. (tab) |
| Oct 25, 2018 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: ORDER granting [49] Motion for Limited Admission Pro Hac Vice for Joseph R. Re, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 10/25/2018. (tab) |
| Oct 24, 2018 | N/A | Notice of Attorney Admission Filing Deficiency (0) Docket Text: Notice of Filing Deficiency re: [45] Motion for Limited Admission of Jeremy A. Anapol Pro Hac Vice. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Certificate of Good Standing that has been issued by a Court; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Oct 24, 2018 | N/A | Acknowledgment of Receipt (0) Docket Text: Acknowledgment of Receipt of Certificate of Good Standing by the Court, [45] Motion for Limited Admission of Jeremy A. Anapol Pro Hac Vice, Certificate filed as a separate Notice on 10/23/2018 (tad) |
| Oct 23, 2018 | 47 | Notice (Other) (1) Docket Text: NOTICE by Amazon.com, Inc. re [45] MOTION for Limited Admission Pro Hac Vice of Jeremy A. Anapol Filing fee $100, receipt number ANYNDC-4545553. Certificate of Good Standing (Powers, John) |
| Sep 14, 2018 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER denying [42] Letter Request for Oral Argument on Defendant Amazon.com, Inc.'s pending Motion to Transfer the Case to the Western District of Washington. Parties are advised that the motion will be decided in due course and generally in the order in which it was received. Authorized by Magistrate Judge Christian F. Hummel on 9/14/2018. (tab) |
| Sep 12, 2018 | 42 | Letter Request/Motion (1) Docket Text: Letter Motion from Plaintiffs for CF Dynamic Advances LLC, Rensselaer Polytechnic Institute requesting Oral Argument on Defendant Amazon.com, Inc.'s pending Motion to Transfer the Case to the Western District of Washington (Dkt. No. 34) submitted to Judge Christian F. Hummel . (Vogel, Bryan) |
| Aug 28, 2018 | 41 | Amended Document (14) Docket Text: AMENDED DOCUMENT by Amazon.com, Inc.. (Reply Brief with signature). (Powers, John) |
| Aug 20, 2018 | 37 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Danielle Rosenthal on behalf of CF Dynamic Advances LLC, Rensselaer Polytechnic Institute (Rosenthal, Danielle) |
| Aug 20, 2018 | 38 | Response in Opposition to Motion (30) Docket Text: RESPONSE in Opposition re [34] MOTION to Transfer Case to the Western District of Washington filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Vogel, Bryan) |
| Jul 25, 2018 | N/A | Terminate Deadlines and Hearings (0) Docket Text: TEXT ORDER Re-noticing [34] MOTION to Transfer Case to the Western District of Washington to be set before Magistrate Judge Christian F. Hummel: The Response to Motion is due by 8/20/2018, any Reply to Response to Motion due by 8/27/2018. The Motion will be considered fully briefed on 9/6/2018 before Magistrate Judge Christian F. Hummel and will be taken on submit unless further directed. The Rule 16 Initial Conference scheduled for 8/8/2018 at 10:00AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the Motion to Transfer. Authorized by Magistrate Judge Christian F. Hummel on 7/25/2018. (tab) |
| Jul 23, 2018 | 35 | FRCP 7.1 Corporate Disclosure Statement (3) Docket Text: FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Amazon.com, Inc.. (Powers, John) |
| Jul 12, 2018 | 31 | Notice (Other) (5) Docket Text: NOTICE by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute SECOND APPLICATION FOR EXTENSION OF TIME TO ANSWER, MOVE, OR OTHERWISE REPLY ON BEHALF OF DEFENDANT AMAZON.COM, INC. PURSUANT TO RULE 6(B)(1) (Vogel, Bryan) |
| Jul 12, 2018 | 32 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Stephanie Diehl on behalf of CF Dynamic Advances LLC, Rensselaer Polytechnic Institute (Diehl, Stephanie) |
| Jul 12, 2018 | N/A | Order (0) Docket Text: TEXT ORDER approving [31] Notice (Other) filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute for an extension of the answer deadline. [Answer due date updated for Amazon.com, Inc. answer due 7/23/2018]. Authorized by Magistrate Judge Christian F. Hummel on 7/12/2018. (tab) |
| May 29, 2018 | 30 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Li Zhu on behalf of CF Dynamic Advances LLC, Rensselaer Polytechnic Institute (Zhu, Li) |
| May 25, 2018 | 29 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Christine Yun Sauer on behalf of CF Dynamic Advances LLC, Rensselaer Polytechnic Institute (Yun Sauer, Christine) |
| May 24, 2018 | 25 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Mary Pheng on behalf of All Plaintiffs (Pheng, Mary) |
| May 24, 2018 | 26 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Christopher Seidl on behalf of All Plaintiffs (Seidl, Christopher) |
| May 24, 2018 | 27 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Shui Li on behalf of All Plaintiffs (Li, Shui) |
| May 24, 2018 | 28 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Taylor Moore-Willis on behalf of CF Dynamic Advances LLC, Rensselaer Polytechnic Institute (Moore-Willis, Taylor) |
| May 23, 2018 | 23 | Notice (Other) (5) Docket Text: NOTICE by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute OF AN APPLICATION FOR EXTENSION OF TIME TO ANSWER, MOVE, OR OTHERWISE REPLY ON BEHALF OF DEFENDANT AMAZON.COM, INC. PURSUANT TO RULE 6(B)(1) (Vogel, Bryan) |
| May 23, 2018 | 24 | Order (3) Docket Text: ORDER approving [23] Notice (Other) filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute: Answer due date updated for Amazon.com, Inc. answer due 7/16/2018. Signed by Magistrate Judge Christian F. Hummel on 5/23/2018. (tab) |
| May 22, 2018 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: ORDER granting [11] Motion for Limited Admission Pro Hac Vice of Mary Pheng, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 5/22/2018. (tab) |
| May 22, 2018 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: ORDER granting [13] Motion for Limited Admission Pro Hac Vice of Christine Yun Sauer, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 5/22/2018. (tab) |
| May 22, 2018 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: ORDER granting [14] Motion for Limited Admission Pro Hac Vice of Li Zhu, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 5/22/2018. (tab) |
| May 22, 2018 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: ORDER granting [15] Motion for Limited Admission Pro Hac Vice of Shui Li, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 5/22/2018. (tab) |
| May 22, 2018 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: ORDER granting [16] Motion for Limited Admission Pro Hac Vice of Taylor Y. Moore-Willis, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 5/22/2018. (tab) |
| May 21, 2018 | N/A | Notice of Attorney Admission Filing Deficiency (0) Docket Text: Notice of Filing Deficiency re: [16] Motion for Limited Admission Pro Hac Vice of Taylor Y. Moore-Willis. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: signed Declaration of Sponsor. The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| May 21, 2018 | 17 | Supplemental Admission documents (1) Docket Text: Supplemental Admission documents re: [16] Motion for Limited Admission Pro Hac Vice,. (Vogel, Bryan) |
| May 16, 2018 | N/A | Set/Reset Answer Deadline (0) Docket Text: ***Answer due date updated for Amazon.com, Inc. answer due 5/31/2018. (mgh) |
| May 16, 2018 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: ORDER granting [10] Motion for Limited Admission Pro Hac Vice of Christopher A. Seidl, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 5/16/2018. (tab) |
| May 14, 2018 | 9 | Affidavit of Service (1) Docket Text: AFFIDAVIT of Service for Complaint served on Amazon.com, Inc. on 5/10/2018, filed by CF Dynamic Advances LLC, Rensselaer Polytechnic Institute. (Vogel, Bryan) |
| May 9, 2018 | 3 | Summons Issued (2) Docket Text: Summons Issued as to Amazon.com, Inc. (mgh) |
| May 9, 2018 | 4 | Report on the Filing and Determination of an Action regarding a Patent or Trademark sent to USPTO (1) Docket Text: Report on the Filing and Determination of an Action regarding patent and/or trademark number(s) 7,177,798 B2. (Sent Copy via Regular Mail on 5/9/2018) (mgh) |
| May 9, 2018 | 5 | Notice of Admission Requirement (1) Docket Text: NOTICE of Admission Requirement as to Party Rensselaer Polytechnic Institute and CF Dynamic Advances LLC; Attorney Christopher A. Seidl, Esq., Shui Li, Esq. Mary Peng, Esq. Taylor Moore-Willis, Esq.,. Phone number is (612) 349-8500. Admissions due by 5/23/2018. (Sent Notice via regular mail)(mgh) |
| May 9, 2018 | 6 | Notice of Admission Requirement (1) Docket Text: NOTICE of Admission Requirement as to Party Rensselaer Polytechnic Institute and CF Dynamic Advances LLC; Attorney Christine S. Yun Sauer, Esq. and Li Zhu, Esq,. Phone number is (650) 784-4040. Admissions due by 5/23/2018. (mgh) |
| May 9, 2018 | 7 | G.O. 25 Filing Order (16) Docket Text: G.O. 25 FILING ORDER ISSUED: Initial Conference set for 8/8/2018 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/1/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) |
| May 9, 2018 | 8 | FRCP 7.1 Corporate Disclosure Statement (2) Docket Text: FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Rensselaer Polytechnic Institute. (Vogel, Bryan) |
| May 8, 2018 | 1 | Complaint* (1) |
| May 8, 2018 | 2 | FRCP 7.1 Corporate Disclosure Statement (2) Docket Text: FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by CF Dynamic Advances LLC identifying Corporate Parent CF Marathon, LLC for CF Dynamic Advances LLC. (mgh) |
