| Court: | mad |
| Docket #: | 1:14-cv-13761 |
| Case Name: | RPost Holdings, Inc. et al v. Yesware, Inc. et al |
| PACER case #: | 164445 |
| Date filed: | 2014-10-02 |
| Date terminated: | 2014-10-09 |
| Date of last filing: | 2014-10-08 |
| Assigned to: | Judge Richard G. Stearns |
| Case Cause: | 35:271 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| RPost Holdings, Inc. Plaintiff |
Lewis E. Hudnell , III Deborah Jagai Paul J. Cronin Thomas P. O'Connell Winston Oliver Huff |
| RPost Communications Limited Plaintiff |
Lewis E. Hudnell , III Deborah Jagai Paul J. Cronin Thomas P. O'Connell Winston Oliver Huff |
| Yesware, Inc. Defendant |
Joshua M. Dalton Fred Lee Butler Lawrence T. Stanley , Jr. |
| Google Inc. Defendant |
Stefani E. Shanberg Benjamin M. Stern Gregory Blake Thompson James Mark Mann |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2013-11-08 | 1 | 0 | COMPLAINT For Patent Infringement against Google, Inc., Yesware, Inc. ( Filing fee $ 400 receipt number 0540-4397732.), filed by RPost Holdings, Inc., RPost Communications Limited. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Huff, Winston) (Entered: 11/08/2013) | 2014-10-08 04:29:55 | ea9dc0ddb77396934e10879ff1f91db156cc01ea | |
| 1 | 1 | Exhibit A | ||||
| 1 | 2 | Exhibit B | ||||
| 1 | 3 | Exhibit C | ||||
| 1 | 4 | Civil Cover Sheet | ||||
| 2013-11-08 | 2 | 0 | DEMAND for Trial by Jury by RPost Communications Limited, RPost Holdings, Inc.. (Huff, Winston) (Entered: 11/08/2013) | |||
| 2013-11-08 | 3 | 0 | CORPORATE DISCLOSURE STATEMENT filed by RPost Communications Limited, RPost Holdings, Inc. (Huff, Winston) (Entered: 11/08/2013) | |||
| 2013-11-20 | 4 | 0 | NOTICE of Attorney Appearance by Deborah Jagai on behalf of RPost Communications Limited, RPost Holdings, Inc. (Jagai, Deborah) (Entered: 11/20/2013) | |||
| 2013-12-09 | 5 | 0 | NOTICE of Attorney Appearance by Lewis E Hudnell, III on behalf of RPost Communications Limited, RPost Holdings, Inc. (Hudnell, Lewis) (Entered: 12/09/2013) | |||
| 2013-12-09 | 6 | 0 | Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Hudnell, Lewis) (Entered: 12/09/2013) | |||
| 2014-02-25 | 7 | 0 | SUMMONS Issued as to Google, Inc., (Attachments: # 1 Yesware Inc)(ch, ) (Entered: 02/25/2014) | |||
| 2014-03-03 | 8 | 0 | NOTICE of Change of Address by Lewis E Hudnell, III (Hudnell, Lewis) (Entered: 03/03/2014) | |||
| 2014-03-12 | 9 | 0 | NOTICE of Attorney Appearance by James Mark Mann on behalf of Google, Inc. (Mann, James) (Entered: 03/12/2014) | |||
| 2014-03-12 | 10 | 0 | NOTICE of Attorney Appearance by Gregory Blake Thompson on behalf of Google, Inc. (Thompson, Gregory) (Entered: 03/12/2014) | |||
| 2014-03-18 | 11 | 0 | Unopposed MOTION for Extension of Time to File Response to Plaintiffs' Original Complaint by Google, Inc.. (Attachments: # 1 Text of Proposed Order Granting Defendant Google's Unopposed Motion for Extension of Time to File Response to Plaintiffs' Original Complaint)(Mann, James) (Entered: 03/18/2014) | |||
| 2014-03-14 | 12 | 0 | WAIVER OF SERVICE Returned Executed by RPost Holdings, Inc., RPost Communications Limited. Yesware, Inc. waiver sent on 3/10/2014, answer due 5/9/2014. (ch, ) (Entered: 03/20/2014) | |||
| 2014-03-14 | 13 | 0 | SUMMONS Returned Executed by RPost Holdings, Inc., RPost Communications Limited. Google, Inc. served by Process Server on 3/7/2014, answer due 3/28/2014. (ch, ) (Entered: 03/20/2014) | |||
| 2014-03-24 | 14 | 0 | ORDER granting 11 DEFENDANT GOOGLES UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PLAINTIFFS ORIGINAL COMPLAINT. Signed by Judge Rodney Gilstrap on 03/24/2014. (nkl, ) (Entered: 03/24/2014) | |||
| 2014-05-06 | 15 | 0 | Unopposed First Application for Extension of Time for Defendant Yesware, Inc. to Answer Complaint re RPost Communications Limited, RPost Holdings, Inc..( Hudnell, Lewis) (Entered: 05/06/2014) | |||
| 2014-05-07 | 16 | 0 | Unopposed MOTION for Extension of Time to File Answer by Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Shanberg, Stefani) (Entered: 05/07/2014) | |||
| 2014-05-12 | 17 | 0 | ORDER granting 16 Motion for Extension of Time to Answer. Signed by Judge Rodney Gilstrap on 5/10/2014. (ch, ) (Entered: 05/12/2014) | |||
| 2014-06-09 | 18 | 0 | MOTION to Dismiss by Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Shanberg, Stefani) (Entered: 06/09/2014) | |||
| 2014-06-09 | 19 | 0 | CORPORATE DISCLOSURE STATEMENT filed by Google, Inc. identifying Corporate Parent Google Inc. for Google, Inc.. (Shanberg, Stefani) (Entered: 06/09/2014) | |||
| 2014-06-09 | 20 | 0 | MOTION to Dismiss or Transfer by Yesware, Inc.. (Attachments: # 1 Affidavit Declaration of Matthew Bellows in Support of Defendant Yesware, Inc.'s Motion to Dismiss or Transfer, # 2 Exhibit 1 to Declaration of Matthew Bellows in Support of Defendant Yesware, Inc.'s Motion to Dismiss or Transfer, # 3 Affidavit Declaration of Lawrence T. Stanley, Jr. in Support of Defendant Yesware, Inc.'s Motion to Dismiss or Transfer, # 4 Exhibit 1 to Declaration of Lawrence T. Stanley, Jr. in Support of Defendant Yesware, Inc.'s Motion to Dismiss or Transfer, # 5 Exhibit 2 to Declaration of Lawrence T. Stanley, Jr. in Support of Defendant Yesware, Inc.'s Motion to Dismiss or Transfer, # 6 Exhibit 3 to Declaration of Lawrence T. Stanley, Jr. in Support of Defendant Yesware, Inc.'s Motion to Dismiss or Transfer, # 7 Exhibit 4 to Declaration of Lawrence T. Stanley, Jr. in Support of Defendant Yesware, Inc.'s Motion to Dismiss or Transfer, # 8 Exhibit 5 to Declaration of Lawrence T. Stanley, Jr. in Support of Defendant Yesware, Inc.'s Motion to Dismiss or Transfer, # 9 Exhibit 6 to Declaration of Lawrence T. Stanley, Jr. in Support of Defendant Yesware, Inc.'s Motion to Dismiss or Transfer, # 10 Exhibit 7 to Declaration of Lawrence T. Stanley, Jr. in Support of Defendant Yesware, Inc.'s Motion to Dismiss or Transfer)(Butler, Fred) (Entered: 06/09/2014) | |||
| 2014-06-09 | 21 | 0 | ANSWER to 1 Complaint, by Yesware, Inc..(Butler, Fred) (Entered: 06/09/2014) | |||
| 2014-06-10 | 22 | 0 | CORPORATE DISCLOSURE STATEMENT filed by Yesware, Inc. (Butler, Fred) (Entered: 06/10/2014) | |||
| 2014-06-12 | 23 | 0 | NOTICE by Google, Inc. re 20 MOTION to Dismiss or Transfer Regarding Non-Opposition (Shanberg, Stefani) (Entered: 06/12/2014) | |||
| 2014-06-26 | 24 | 0 | RESPONSE in Opposition re 18 MOTION to Dismiss filed by RPost Communications Limited, RPost Holdings, Inc.. (Attachments: # 1 Text of Proposed Order)(Hudnell, Lewis) (Entered: 06/26/2014) | |||
| 2014-06-26 | 25 | 0 | RESPONSE in Opposition re 20 MOTION to Dismiss or Transfer filed by RPost Communications Limited, RPost Holdings, Inc.. (Attachments: # 1 Affidavit Declaration of Zafar Khan, # 2 Affidavit Declaration of Lewis E. Hudnell, III, # 3 Exhibit 1 to Hudnell Declaration, # 4 Text of Proposed Order)(Hudnell, Lewis) (Entered: 06/26/2014) | |||
| 2014-07-07 | 26 | 0 | ***FILED IN ERROR. PLEASE IGNORE.***RESPONSE to Motion re 20 MOTION to Dismiss or Transfer filed by Yesware, Inc.. (Attachments: # 1 Affidavit Declaration of Lawrence T. Stanley, Jr. In Support of Defendant Yesware, Inc.'s Reply Memorandum in Support of Yesware's Motion to Dismiss or Transfer, # 2 Exhibit 1)(Butler, Fred) Modified on 7/7/2014 (ch, ). (Entered: 07/07/2014) | |||
| 2014-07-07 | 27 | 0 | REPLY to Response to Motion re 20 MOTION to Dismiss or Transfer filed by Yesware, Inc.. (Attachments: # 1 Affidavit Declaration of Lawrence T. Stanley, Jr. In Support of Defendant Yesware, Inc.'s Reply Memorandum in Support of Yesware's Motion to Dismiss or Transfer, # 2 Exhibit 1)(Butler, Fred) (Entered: 07/07/2014) | |||
| 2014-07-07 | 28 | 0 | ***FILED IN ERROR. PLEASE IGNORE.***RESPONSE in Support re 18 MOTION to Dismiss filed by Google, Inc.. (Shanberg, Stefani) Modified on 7/8/2014 (ch, ). (Entered: 07/07/2014) | |||
| 2014-07-08 | 29 | 0 | REPLY to Response to Motion re 18 MOTION to Dismiss filed by Google, Inc.. (Shanberg, Stefani) (Entered: 07/08/2014) | |||
| 2014-07-17 | 30 | 0 | SUR-REPLY to Reply to Response to Motion re 20 MOTION to Dismiss or Transfer filed by RPost Communications Limited, RPost Holdings, Inc.. (Hudnell, Lewis) (Entered: 07/17/2014) | |||
| 2014-07-18 | 31 | 0 | SUR-REPLY to Reply to Response to Motion re 18 MOTION to Dismiss filed by RPost Communications Limited, RPost Holdings, Inc.. (Hudnell, Lewis) (Entered: 07/18/2014) | |||
| 2014-08-07 | 32 | 0 | ORDER - Scheduling Conference set for 9/2/2014 01:30 PM before Judge Rodney Gilstrap and the Honorable Roy Payne. Signed by Judge Rodney Gilstrap on 8/7/2014. (ch, ) (Entered: 08/07/2014) | |||
| 2014-08-08 | 33 | 0 | NOTICE by Google, Inc. re 20 MOTION to Dismiss or Transfer Regarding Supplemental Statement of Non-Opposition (Attachments: # 1 Affidavit Declaration of Abeer Dubey in Support of Defendant Yesware, Inc.'s Motion to Transfer)(Shanberg, Stefani) (Entered: 08/08/2014) | |||
| 2014-08-25 | 34 | 0 | Opposed MOTION to Strike 33 Notice (Other), Google's Supplemental Statement of Non-Opposition to Yesware's Motion to Transfer by RPost Communications Limited, RPost Holdings, Inc.. Responses due by 9/11/2014 (Attachments: # 1 Text of Proposed Order)(Hudnell, Lewis) (Entered: 08/25/2014) | |||
| 2014-08-28 | 35 | 0 | NOTICE by RPost Communications Limited, RPost Holdings, Inc. of Compliance with P.R. 3-1 and 3-2 (Hudnell, Lewis) (Entered: 08/28/2014) | |||
| 2014-09-04 | 36 | 0 | ORDER granting in part and denying in part 20 Motion to Dismiss. ORDERED that the above cause of action is hereby TRANSFERRED to the United States District Court for the District of Massachusetts. The Clerk shall file this Order in the above case and shall forthwith take such steps as are needed to effect this transfer. Except to the extent granted herein, Yeswares Motion (Dkt. No. 20) is otherwise DENIED. Signed by Judge Rodney Gilstrap on 9/3/2014. (ch, ) (Entered: 09/04/2014) | |||
| 2014-10-02 | 37 | 0 | Case transferred in from District of Texas Eastern; Case Number 2:13-cv-00953. (Entered: 10/02/2014) | |||
| 2014-10-02 | 38 | 0 | ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Robert B. Collings. (Abaid, Kimberly) (Entered: 10/02/2014) | |||
| 2014-10-02 | 39 | 0 | NOTICE of Appearance by Joshua M. Dalton on behalf of Yesware, Inc. (Dalton, Joshua) (Entered: 10/02/2014) | |||
| 2014-10-02 | 40 | 0 | NOTICE of Appearance by Lawrence T. Stanley, Jr on behalf of Yesware, Inc. (Stanley, Lawrence) (Entered: 10/02/2014) | |||
| 2014-10-02 | 41 | 0 | Judge Indira Talwani: ORDER entered. ORDER OF RECUSAL.(MacDonald, Gail) (Entered: 10/02/2014) | |||
| 2014-10-07 | 42 | 0 | NOTICE of Appearance by Benjamin M. Stern on behalf of Google Inc. (Stern, Benjamin) (Entered: 10/07/2014) | |||
| 2014-10-08 | 43 | 0 | ELECTRONIC NOTICE of Reassignment. Judge Richard G. Stearns added. Judge Indira Talwani no longer assigned to case. (Abaid, Kimberly) (Entered: 10/08/2014) | |||
| 2014-10-08 | 44 | 0 | Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot 34 Motion to Strike in light of the fact that the case has been transferred to D.Mass. (RGS, int2) (Entered: 10/08/2014) | |||
| 2014-10-08 | 45 | 0 | Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot 15 Motion for Extension of Time to Answer as Yesware has answered the complaint. (RGS, int2) (Entered: 10/08/2014) | |||
| 2014-10-08 | 46 | 0 | Judge Richard G. Stearns: ELECTRONIC ORDER entered granting (23) Motion to Stay in case 1:13-cv-12837-RGS. In light of the Barton litigations in California state court over the ownership of the asserted patents (and the ongoing bankruptcy proceedings of Messiers Khan and Tomkow that may also impact the patents' ownership), RPost's standing to assert the patents is in jeopardy. Like Judge Giltrap, this court recognizes that there may be significant prejudice to the alleged infringers in expending substantial resources defending against infringement allegations when the patentee's standing is in serious doubt. Judicial economy is also best served by staying the litigations until the dust around the ownership issue settles. The parties shall jointly notify the court by 1/8/2015, and every 90 days thereafter, the status of the Barton and bankrupty proceedings. The parties shall also submit to the court a joint proposed schedule for these cases within 14 days of the complete resolution of the ownership issues to return the case to the active docket. The Clerk will administratively close the cases until then. Associated Cases: 1:13-cv-12837-RGS, 1:14-cv-13761-RGS(RGS, int2) (Entered: 10/08/2014) | |||
| 2014-10-08 | 47 | 0 | Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 18 Motion to Dismiss without prejudice in light of the court's order staying the litigation pending the resolution of the patent ownership issues. Google may renew the motion to dismiss if and when the case returns to the active docket. (RGS, int2) (Entered: 10/08/2014) | |||
| 2014-10-08 | 48 | 0 | Judge Richard G. Stearns: ORDER of Administrative Closing entered. (Flaherty, Elaine) (Entered: 10/09/2014) | |||
| 2015-01-08 | 49 | 0 | NOTICE of Change of Address or Firm Name by Lawrence T. Stanley, Jr and Joshua M. Dalton (Stanley, Lawrence) (Entered: 01/08/2015) | |||
| 2015-01-08 | 50 | 0 | NOTICE of Withdrawal of Appearance by Lawrence T. Stanley, Jr WITHDRAWAL OF APPEARANCE OF F. LEE BUTLER AND ADAMS AND REESE LLP (Stanley, Lawrence) (Entered: 01/08/2015) | |||
| 2015-01-08 | 51 | 0 | NOTICE by RPost Communications Limited, RPost Holdings, Inc. re 46 Order on Motion to Stay,,,, Filed Jointly by the Parties Regarding Status of California Co-Pending Litigations (Cronin, Paul) (Entered: 01/08/2015) | |||
| 2015-01-08 | 52 | 0 | NOTICE of Appearance by Paul J. Cronin on behalf of RPost Communications Limited, RPost Holdings, Inc. (Cronin, Paul) (Entered: 01/08/2015) | |||
| 2015-01-08 | 53 | 0 | NOTICE by RPost Communications Limited, RPost Holdings, Inc. re 46 Order on Motion to Stay,,,, Jointly Filed by All Parties Regarding the Status of California Co-Pending Litigations Filed to Replace DO 51 which was filed in error (Cronin, Paul) (Entered: 01/08/2015) | |||
| 2015-01-09 | 54 | 0 | Judge Richard G. Stearns: ELECTRONIC ORDER entered. re 53 Notice (Other), filed by RPost Communications Limited, RPost Holdings, Inc. The parties to file the next joint status report on June 1, 2015 (after the trial in the Barton 259 case) unless there are matters that should be brought to this court's attention before then, and every 90 days thereafter.(RGS, int2) (Entered: 01/09/2015) | |||
| 2015-01-16 | 55 | 0 | MOTION for Leave to Appear Pro Hac Vice for admission of Lewis E. Hudnell, III Filing fee: $ 100, receipt number 0101-5371927 by RPost Communications Limited, RPost Holdings, Inc.. (Attachments: # 1 Affidavit Certification of Lewis E. Hudnell, III)(Cronin, Paul) (Entered: 01/16/2015) | |||
| 2015-01-20 | 56 | 0 | Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 55 Motion for Leave to Appear Pro Hac Vice Added Hudnell. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Flaherty, Elaine) (Entered: 01/20/2015) | |||
| 2015-01-29 | 57 | 0 | MOTION to Withdraw Deborah Jagai as Attorney for the RPost Plaintiffs - Unopposed - by RPost Communications Limited, RPost Holdings, Inc..(Cronin, Paul) (Entered: 01/29/2015) | |||
| 2015-01-30 | 58 | 0 | Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 57 Motion to Withdraw (Flaherty, Elaine) (Entered: 01/30/2015) | |||
| 2015-06-02 | 59 | 0 | NOTICE by RPost Communications Limited, RPost Holdings, Inc. re 46 Order on Motion to Stay,,,, Second Joint Notice by the Parties Regarding Status of California Co-Pending Litigations (Attachments: # 1 Exhibit A)(Hudnell, Lewis) (Entered: 06/02/2015) | |||
| 2015-06-03 | 60 | 0 | Judge Richard G. Stearns: ELECTRONIC ORDER entered. re 59 Notice (Other) filed by RPost Communications Limited, RPost Holdings, Inc. This case is to remain stayed until the resolution of the question of ownership of the asserted patents. The parties to file the next joint status report on December 14, 2015 (after the trial in the Barton 259 case) unless there are matters that should be brought to this court's attention before then, and every 90 days thereafter. (RGS, int2) (Entered: 06/03/2015) | |||
| 2015-10-08 | 61 | 0 | CORPORATE DISCLOSURE STATEMENT by Google Inc.. (Stern, Benjamin) (Entered: 10/08/2015) | |||
| 2015-12-14 | 62 | 0 | STATUS REPORT THIRD JOINT STATUS REPORT REGARDING STATUS OF CALIFORNIA CO-PENDING LITIGATIONS by RPost Communications Limited, RPost Holdings, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hudnell, Lewis) (Entered: 12/14/2015) | |||
| 2015-12-15 | 63 | 0 | Judge Richard G. Stearns: ELECTRONIC ORDER entered. re 62 Status Report filed by RPost Communications Limited, RPost Holdings, Inc. This case is to remain stayed until the resolution of the question of ownership of the asserted patents. The parties to file the next joint status report on April 1, 2016 unless there are matters that should be brought to this court's attention before then, and every 90 days thereafter.(RGS, int2) (Entered: 12/15/2015) | |||
| 2016-02-29 | 64 | 0 | NOTICE of Appearance by Thomas P. O'Connell on behalf of RPost Communications Limited, RPost Holdings, Inc. (O'Connell, Thomas) (Entered: 02/29/2016) |