Case number 1:23-cv-23427
mCom IP, LLC v. City National Bank of Florida > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Apr 5, 2025 | 1 | Notice of Appeal* (1) |
| Oct 25, 2024 | 49 | SUPPLEMENT to 45 Reply to Response to Motion, Supplement to Reply in Support of Motion for Attorneys' Fees and Costs by City National Bank of Florida (Fazio, Salvatore) (Entered: 10/25/2024) (13) |
| Oct 2, 2024 | 48 | PAPERLESS ORDER partially striking 46 MOTION to Strike 42 Response in Opposition to Motion. Defendant filed a combined motion to strike Plaintiff's response or, in the alternative, reply in support of its 38 MOTION for Attorney's Fees and Costs. Defendant seeks to strike Plaintiff's 42 response on the ground that it fails to comply with Local Rule 7.3. But Defendant itself fails to comply with the Local Rules. The instant motion is procedurally improper because it includes both a motion and a response in the same document. See Est. of Diamond by Diamond v. ITM TwentyFirst Servs., LLC, No. 21-80339-CV, 2021 WL 7630484, at *1, n.1 (S.D. Fla. June 17, 2021) ("not[ing] that [a] [party]'s [c]ross-[m]otion raised in the context of its [r]esponse [was] procedurally improper, as '[a] request for a court order must be made by motion,' not in a response memorandum to an opposing party's motion." (quoting Fed. R. Civ. P. 7(b)(1)); Santana v. RCSH Operations, LLC , No. 10-61376-CIV, 2011 WL 690174, at *1, n.1 (S.D. Fla. Feb. 18, 2011) ("[The] [p]laintiff filed his [m]otion to [s]trike as part of his [r]esponse in [o]pposition to [the] [d]efendant's [m]otion for [s]anctions [ ]; thereafter, the Clerk re-docketed the [m]otion as a separate docket entry[.] In the future, [the] [p]laintiff shall not move the Court for affirmative relief in a response memorandum."). Additionally, Defendant's filing, to the extent it is a motion, fails to comply with Local Rule 7.1(a)(3)'s pre-filing conference and certification. "Compliance with Local Rule 7.1(a)(3) is mandatory and serves an important purpose." Hernandez v. Ticketmaster, LLC , No. 18-20869-CIV, 2018 WL 2198457, at *3 (S.D. Fla. May 14, 2018). "The purpose of the rule is to ensure judicial economy and prevent courts from considering issues the parties could agree on independently, and to ascertain whether the Court need wait for a response from the opposing party before deciding the motion." Aguilar v. United Floor Crew, Inc. , No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014). For these reasons, Defendant's embedded motion to strike is hereby stricken. The Undersigned will still consider the portion of the filing which constitutes a reply brief. Signed by Magistrate Judge Jonathan Goodman on 10/2/2024. (mkr) (Entered: 10/02/2024) (0) |
| Oct 2, 2024 | 47 | Clerk's Notice to Filer re 45 Reply to Response to Motion. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk, see DE # 46 MOTION to Strike 42 Response in Opposition to Motion. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (ls) (Entered: 10/02/2024) (0) |
| Oct 1, 2024 | 46 | MOTION to Strike 42 Response in Opposition to Motion,,, by City National Bank of Florida. Responses due by 10/15/2024. (ls)(See Image at DE #45) (Entered: 10/02/2024) (0) |
| Oct 1, 2024 | 45 | REPLY to Response to Motion re 38 Defendant's MOTION for Attorney Fees and Costs filed by City National Bank of Florida. (Attachments: # 1 Exhibit Declaration of Salvatore Fazio Dated Oct. 1, 2024 and Exhibits Thereto)(Fazio, Salvatore) (Entered: 10/01/2024) (0) |
| Sep 16, 2024 | N/A | Reset Deadlines as to 38 Defendant's MOTION for Attorney Fees and Costs. Replies due by 10/1/2024. (ls)(per DE #44) (Entered: 09/17/2024) (0) |
| Sep 16, 2024 | 44 | PAPERLESS ORDER granting 43 MOTION for Extension of Time to File Reply as to 42 Response in Opposition to 38 Fees Motion. Defendant will have until October 1, 2024 to file its optional reply to its 38 Fees Motion. Signed by Magistrate Judge Jonathan Goodman on 9/16/2024. (mkr) (Entered: 09/16/2024) (0) |
| Sep 16, 2024 | 43 | MOTION for Extension of Time to File Response/Reply/Answer as to 42 Response in Opposition to Motion,,, by City National Bank of Florida. (Attachments: # 1 Text of Proposed Order)(Fazio, Salvatore) (Entered: 09/16/2024) (0) |
| Sep 10, 2024 | 42 | RESPONSE in Opposition re 38 Defendant's MOTION for Attorney Fees and Costs filed by mCom IP, LLC. Replies due by 9/17/2024. (Attachments: # 1 Affidavit Declaration of Perry Landers, # 2 Affidavit Declaration of Victoria E. Brieant, # 3 Affidavit Declaration of William P. Ramey III, # 4 Exhibit A, March 27, 2024, e-mail from Sal Fazio, # 5 Exhibit B, April 27, 2024 Discovery Responses, # 6 Exhibit C, Redacted Quote Page by NCR, # 7 Exhibit D, March 28, 2024 email, # 8 Exhibit E, March 27, 2024 email, # 9 Exhibit F, April 5, 2024 subpoena, # 10 Exhibit G, March 20, 2024 email, # 11 Exhibit H, comparison report, # 12 Exhibit I, ECF 1-2, # 13 Exhibit J, ECF 26-2, # 14 Exhibit K, Comparison Report, # 15 Text of Proposed Order Denying Motion for Award of Attorney's Fees and Costs)(Brieant, Victoria) (Entered: 09/10/2024) (0) |
| Aug 16, 2024 | N/A | Reset Deadline as to 38 Defendant's MOTION for Attorney Fees and Costs. Responses due by 9/10/2024. PER DE#41 (cds) (Entered: 08/16/2024) (0) |
| Aug 16, 2024 | 41 | PAPERLESS ORDER: The Court grants 40 the Plaintiff's unopposed motion for extension of time to respond to the Defendant's motion for attorneys' fees. The Plaintiff's response is due by September 10, 2024. Signed by Senior District Judge Robert N. Scola, Jr. (mb02) (Entered: 08/16/2024) (0) |
| Aug 15, 2024 | 40 | Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 38 Defendant's MOTION for Attorney Fees and Costs by mCom IP, LLC. (Attachments: # 1 Text of Proposed Order Granting Unopposed Motion to Extend Time to Respond to the Complaint to September 10 2024)(Brieant, Victoria) (Entered: 08/15/2024) (0) |
| Aug 13, 2024 | 39 | ORDER REFERRING 38 Defendant's MOTION for Attorney Fees and Costs. Motions referred to Judge Jonathan Goodman. Signed by Senior Judge Robert N. Scola, Jr. on 8/12/2024. See attached document for full details. (ls) (Entered: 08/13/2024) (1) |
| Aug 6, 2024 | 38 | Defendant's MOTION for Attorney Fees and Costs by City National Bank of Florida. Responses due by 8/20/2024. (Attachments: # 1 Exhibit "A" (Declaration of Salvatore Fazio), # 2 Exhibit "B" (Declaration of Michael Santucci), # 3 Exhibit "C" (Affidavit of Mark Johnson))(Santucci, Michael) (Entered: 08/06/2024) (0) |
| Jul 16, 2024 | 37 | Acknowledgment of Receipt of NOA from USCA for the Federal Circuit re 36 Notice of Appeal, filed by MCOM IP, LLC. Date received by USCA for the Federal Circuit: 07/16/2024. USCA for the Federal Circuit Case Number: 2024-2089. (jgo) (Entered: 07/17/2024) (5) |
| Jul 12, 2024 | N/A | Transmission of Notice of Appeal, Order under appeal, and Docket Sheet to US Court of Appeals for the Federal Circuit re 36 Notice of Appeal. Notice has been electronically mailed. (jgo) Modified text on 7/12/2024 (jgo). (Entered: 07/12/2024) (0) |
| Jul 10, 2024 | 36 | Notice of Appeal as to 34 Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Order to Show Cause, by MCOM IP, LLC. Filing fee $ 605.00 receipt number AFLSDC-17667328. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form www.flsd.uscourts.gov/forms/all-forms. (Brieant, Victoria) (Entered: 07/10/2024) (2) |
| Jun 10, 2024 | 35 | FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # 1 Supplement Order Granting Motion to Dismiss) (ls) (Entered: 06/10/2024) (0) |
| Jun 7, 2024 | 34 | ORDER granting 30 Motion to Dismiss 26 Amended Complaint/Amended Notice of Removal, for Failure to State a Claim; Closing Case. Signed by Senior Judge Robert N. Scola, Jr. on 6/7/2024. See attached document for full details. (ls) (Entered: 06/10/2024) (8) |
| Apr 29, 2024 | 33 | Defendant's REPLY to Response to Motion re 30 MOTION TO DISMISS 26 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM MOTION for Order to Show Cause filed by City National Bank of Florida. (Fazio, Salvatore) (Entered: 04/29/2024) (12) |
| Apr 22, 2024 | 32 | RESPONSE in Opposition re 30 MOTION TO DISMISS 26 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM MOTION for Order to Show Cause filed by MCOM IP, LLC. Replies due by 4/29/2024. (Brieant, Victoria) (Entered: 04/22/2024) (25) |
| Apr 12, 2024 | 31 | Joint Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge For Dispositive Motions, Final Disposition or Both. Filed by City National Bank of Florida (Fazio, Salvatore) (Entered: 04/12/2024) (1) |
| Apr 8, 2024 | 30 | MOTION TO DISMISS 26 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM ( Responses due by 4/22/2024.), MOTION for Order to Show Cause by City National Bank of Florida. (Attachments: # 1 Final Written Decision issued by the USPTO in Unified Patents, LLC v. MCOM IP, LLC, IPR 2022-0055, # 2 Portions of Prosecution History For U.S. Patent No. 8,862,508)(Fazio, Salvatore) (Entered: 04/08/2024) (0) |
| Mar 28, 2024 | 29 | PAPERLESS ORDER: The Court grants 28 the Defendant's unopposed motion for extension of time to respond to the amended complaint. In light of the developments described in the Defendant's motion, the Defendant may respond to the amended complaint by April 8, 2024. Signed by Senior District Judge Robert N. Scola, Jr. (mb02) (Entered: 03/28/2024) (0) |
| Mar 28, 2024 | 28 | Unopposed MOTION for Extension of Time to Respond to Plaintiff's First Amended Complaint by City National Bank of Florida. Responses due by 4/11/2024. (Fazio, Salvatore) (Entered: 03/28/2024) (7) |
| Mar 27, 2024 | 27 | Order on Clerk's Default Procedure. The Court orders the Plaintiff to submit a Motion for Entry of Clerk's Default by April 3, 2024, consistent with Federal Rule of Civil Procedure 55(a). Signed by Senior Judge Robert N. Scola, Jr on 3/27/2024. See attached document for full details. (mee) (Entered: 03/27/2024) (1) |
| Mar 8, 2024 | 1 | Amended Complaint* (1) |
| Feb 26, 2024 | 26 | First AMENDED COMPLAINT FOR PATENT INFRINGEMENT against City National Bank of Florida filed in response to Order Granting Motion for Leave, filed by MCOM IP, LLC. (Attachments: # 1 Exhibit A, '508 Patent, # 2 Exhibit B, Preliminary Exemplary Table, # 3 Exhibit C, W.D. of TX Order Denying Motion to Dismiss)(Brieant, Victoria) (Entered: 02/26/2024) (0) |
| Feb 13, 2024 | 25 | ORDER STRIKING COMPLAINT, denying 16 Motion to Dismiss for Failure to State a Claim. Amended Complaint due by 2/27/2024. Signed by Senior Judge Robert N. Scola, Jr on 2/13/2024. See attached document for full details. (mee) (Entered: 02/14/2024) (2) |
| Jan 26, 2024 | 24 | SCHEDULING ORDER AND ORDER OF REFERRAL TO MEDIATION: Jury Trial set for 5/19/2025 in Miami Division before Senior Judge Robert N. Scola Jr. Calendar Call set for 5/13/2025 before Senior Judge Robert N. Scola Jr. ORDER REFERRING CASE to Mediation. Mediation Deadline 11/30/2024. Signed by Senior Judge Robert N. Scola, Jr on 1/25/2024. See attached document for full details. (mee) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 01/28/2024) (8) |
| Jan 24, 2024 | 23 | Joint SCHEDULING REPORT - Rule 16.1 by MCOM IP, LLC (Brieant, Victoria) (Entered: 01/24/2024) (7) |
| Jan 17, 2024 | 22 | Scheduling Order and Order of Referral to Mediation: Jury Trial set for 12/16/2024 in Miami Division before Senior Judge Robert N. Scola Jr., Calendar Call set for 12/10/2024 09:00 AM in Miami Division before Senior Judge Robert N. Scola Jr. Signed by Senior Judge Robert N. Scola, Jr on 1/17/2024. See attached document for full details. (rbe) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 01/18/2024) (8) |
| Jan 10, 2024 | 21 | REPLY to Response to Motion re 16 MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM filed by City National Bank of Florida. (Fazio, Salvatore) (Entered: 01/10/2024) (12) |
| Jan 8, 2024 | 20 | NOTICE of Compliance of Service of ECF 9 on Defendant's Counsel by MCOM IP, LLC re 9 Order Referring Case to Magistrate Judge, (Brieant, Victoria) (Entered: 01/08/2024) (21) |
| Jan 3, 2024 | N/A | Reset Deadlines Per DE#19. Replies due by 1/10/2024. (cqs) (Entered: 01/03/2024) (0) |
| Jan 3, 2024 | 19 | PAPERLESS ORDER: The Defendant requests 18 a 30-day extension of time to file its reply in further support of 16 the motion to dismiss, in large part due to the holidays. Extensions are warranted when an unexpected or emergency situation arises. Holiday office hours are not an excuse to ignore Court-imposed deadlines, in particular when the Defendant's filing set the briefing schedule in the first place. The Defendant had also already sought and received two lengthy extensions of time to file 16 the motion to dismiss, and has requested this third extension on the day that the submission is due. The Court will not grant the 30-day extension sought, but because the motion is unopposed, the Court will grant a one-week extension. The Defendant's reply in further support of the motion to dismiss is due on or before January 10, 2024. Signed by Senior District Judge Robert N. Scola, Jr. (mb02) (Entered: 01/03/2024) (0) |
| Jan 3, 2024 | 18 | Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 17 Response in Opposition to Motion, 16 MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM by City National Bank of Florida. (Attachments: # 1 Text of Proposed Order)(Santucci, Michael) (Entered: 01/03/2024) (0) |
| Dec 27, 2023 | 17 | RESPONSE in Opposition re 16 MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM filed by MCOM IP, LLC. Replies due by 1/3/2024. (Attachments: # 1 Exhibit A, mCom v Woodforest Markman Ruling)(Brieant, Victoria) (Entered: 12/27/2023) (0) |
| Dec 11, 2023 | 16 | MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM by City National Bank of Florida. Responses due by 12/27/2023 (Attachments: # 1 Exhibit "1" (Final Written Decision in IPR 2022-0055), # 2 Exhibit "2" (Pertinent portions of prosecution history of 508 Patent))(Fazio, Salvatore) (Entered: 12/11/2023) (0) |
| Nov 24, 2023 | 1 | Complaint* (1) |
| Nov 3, 2023 | N/A | Reset Answer Due Deadline: City National Bank of Florida answer due 12/11/2023. Per d.e. 15 Order. (mee) (Entered: 11/06/2023) (0) |
| Nov 3, 2023 | 15 | PAPERLESS ORDER granting 14 the Defendant's second unopposed motion for extension of time to respond to the complaint. The Defendant has up to and including December 11, 2023, to respond to the complaint. Signed by Judge Robert N. Scola, Jr. (abo) (Entered: 11/03/2023) (0) |
| Nov 3, 2023 | 14 | Second MOTION for Extension of Time to File Response/Reply/Answer Complaint by City National Bank of Florida. Attorney Michael I. Santucci added to party City National Bank of Florida(pty:dft). (Attachments: # 1 Text of Proposed Order Proposed Order for Second Extension of Time)(Santucci, Michael) (Entered: 11/03/2023) (0) |
| Oct 25, 2023 | 13 | CERTIFICATE OF SERVICE by MCOM IP, LLC re 9 Order Referring Case to Magistrate Judge, Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge (Brieant, Victoria) (Entered: 10/25/2023) (1) |
| Oct 10, 2023 | 12 | PAPERLESS ORDER: The Court grants 11 the Defendant's unopposed motion for extension of time to respond to the complaint, although the deadline requested falls on a date the Court is closed. The Defendant's response is therefore due on or before November 9, 2023. Signed by Judge Robert N. Scola, Jr. (mb02) (Entered: 10/10/2023) (0) |
| Oct 9, 2023 | 11 | MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by City National Bank of Florida. Attorney Salvatore Fazio added to party City National Bank of Florida(pty:dft). (Fazio, Salvatore) (Entered: 10/09/2023) (4) |
| Sep 13, 2023 | 10 | MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 9/13/2023. See attached document for full details. (fbn) (Entered: 09/13/2023) (15) |
| Sep 12, 2023 | 9 | Order Requiring Discovery And Scheduling Conference And Order Referring Discovery Matters To The Magistrate Judge. The Court refers all discovery matters in this case to United States Magistrate Judge Johnathan Goodman to take all necessary and proper action as required by law. Signed by Judge Robert N. Scola, Jr on 9/12/2023. See attached document for full details. (rbe) (Entered: 09/12/2023) (20) |
| Sep 8, 2023 | 8 | Summons Issued as to City National Bank of Florida. (scn) (Entered: 09/08/2023) (1) |
| Sep 8, 2023 | 7 | Plaintiff's Corporate Disclosure Statement and Statement of Interested Persons by MCOM IP, LLC identifying Other Affiliate William P. Ramey III, Other Affiliate Ramey LLP for MCOM IP, LLC (Brieant, Victoria) (Entered: 09/08/2023) (2) |
| Sep 8, 2023 | 6 | NOTICE of Filing Proposed Summons(es) Corrected Proposed Summons by MCOM IP, LLC re 1 Complaint, filed by MCOM IP, LLC (Brieant, Victoria) (Entered: 09/08/2023) (2) |
| Sep 8, 2023 | 5 | Clerk's Notice to Filer re: Summons will not be issued. The party on the summons does not match the initiating documents. Filer may file a Notice of Filing Proposed Summons with the corrected summons attached. (scn) (Entered: 09/08/2023) (0) |
| Sep 8, 2023 | 4 | NOTICE of Filing Proposed Summons(es) by MCOM IP, LLC re 1 Complaint, filed by MCOM IP, LLC (Brieant, Victoria) (Entered: 09/08/2023) (2) |
| Sep 8, 2023 | 3 | FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # 1 Complaint) (rbe) (Entered: 09/08/2023) (0) |
| Sep 8, 2023 | 2 | Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (rbe) (Entered: 09/08/2023) (0) |
