Case details

Court: txwd
Docket #: 6:14-cv-00011
Case Name: MPHJ Technology Investments, LLC v. Federal Trade Commission
PACER case #: 669787
Date filed: 2014-01-13
Date terminated: 2014-09-16
Assigned to: Judge Walter S. Smith
Case Cause: 28:2201 Declaratory Judgment
Nature of Suit: 830 Patent
Jury Demand: Plaintiff
Jurisdiction: U.S. Government Defendant

Parties

Represented Party Attorney & Contact Info
MPHJ Technology Investments, LLC
Plaintiff
 
Dan N. MacLemore , IV
Fulbright Winniford et al
P.O. Box 445
Waco, TX 76703
(254) 776-6000
Fax: 254/776-8555
Email: dmaclemore@fulbrightlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James R. Dunnam
Dunnam, Dunnam, etal
4125 W. Waco Dr.
P.O. Box 8418
Waco, TX 76714-8418
(254) 753-6437
Fax: 254/753-7434
Email: jimdunnam@swbell.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

W. Bryan Farney
Farney Daniels P.C.
800 S. Austin Ave.
Suite 200
Georgetown, TX 78626
(512)582-2828
Fax: (512)582-2829
Email: BFarney@farneydaniels.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Steven R. Daniels
Farney Daniels P.C.
800 S. Austin Ave.
Suite 200
Georgetown, TX 78626
(512)582-2828
Fax: (512)582-2829
Email: SDaniels@farneydaniels.com
ATTORNEY TO BE NOTICED
Federal Trade Commission
Defendant
 
Lauren Elizabeth Fascett
U.S. Dept of Justice, Consumer Protection Branch
450 5th Street, NW
Washington, DC 20530
202-616-3466
Fax: 202-514-8742
Email: lauren.fascett@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Perham Gorji
U.S. Department of Justice
450 5th St., N.W., Rm. 6525
Washington, DC 20001
202-353-3881
Email: perham.gorji@usdoj.gov
TERMINATED: 09/05/2014
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Edith Ramirez
Defendant
in her official capacity as Commissioner and Chairwoman, Federal Trade Commision		 
Lauren Elizabeth Fascett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Perham Gorji
(See above for address)
TERMINATED: 09/05/2014
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Julie Brill
Defendant
in her offficial capacity as Commissioner, Federal Trade Commission		 
Lauren Elizabeth Fascett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Perham Gorji
(See above for address)
TERMINATED: 09/05/2014
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Maureen K. Ohlhausen
Defendant
in her official capacity as Commissioner, Federal Trade Commission		 
Lauren Elizabeth Fascett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Perham Gorji
(See above for address)
TERMINATED: 09/05/2014
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Joshua D. Wright
Defendant
in his official capacity as Commissioner, Federal Trade Commission		 
Lauren Elizabeth Fascett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Perham Gorji
(See above for address)
TERMINATED: 09/05/2014
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jessica Rich
Defendant
in her official capacity as Director, Bureau of Consumer Protection, Federal Trade Commission		 
Lauren Elizabeth Fascett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Perham Gorji
(See above for address)
TERMINATED: 09/05/2014
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2014-01-13 1 0 COMPLAINT (Filing fee $ 400, Receipt #0542-6154963.), filed by MPHJ Technology Investments, LLC. (Attachments: # 1 Exhibit A1 US7986426, # 2 Exhibit A2 US07477410, # 3 Exhibit A3 US6771381, # 4 Exhibit A4 US6185590, # 5 Exhibit A5 US08488173, # 6 Exhibit B1 Letter, # 7 Exhibit B2 Letter, # 8 Exhibit B3 Letter, # 9 Exhibit B4 Letter, # 10 Exhibit B5 Letter, # 11 Exhibit B6 Letter, # 12 Exhibit C1 Letter, # 13 Exhibit C2 Letter, # 14 Exhibit C3 Letter, # 15 Exhibit D1 Letter, # 16 Exhibit D2 Letter, # 17 Exhibit D3 Letter, # 18 Exhibit D4 Letter, # 19 Exhibit D5 Letter, # 20 Exhibit E1 Letter, # 21 Exhibit E2 Letter, # 22 Exhibit E3 Letter, # 23 Exhibit E4 Letter, # 24 Exhibit F Draft Complaint, # 25 Civil Cover Sheet)(Daniels, Steven) (Entered: 01/13/2014) 2014-01-13 22:13:06 a00577d9e1b1ad953e40ec5b0f2a2ea1e11a01dc
2014-01-13 2 0 REQUEST FOR ISSUANCE OF SUMMONS by MPHJ Technology Investments, LLC. (Attachments: # 1 Summons for FTC, # 2 Summons for Jessica Rich, # 3 Summons for Joshua Wright, # 4 Summons for Julie Brill, # 5 Summons for Maureen K. Ohlhausen)(Daniels, Steven) (Entered: 01/13/2014)
2 1 Summons for FTC
2 2 Summons for Jessica Rich
2 3 Summons for Joshua Wright
2 4 Summons for Julie Brill
2 5 Summons for Maureen K. Ohlhausen
2014-01-13 3 0 RULE 7 DISCLOSURE STATEMENT filed by MPHJ Technology Investments, LLC. (Daniels, Steven) (Entered: 01/13/2014) 2014-01-14 02:02:08 0b32d8b3cfa63378ed752fd5275768bbb29326e1
2014-01-13 4 0 NOTICE of Report on the Filing of an Action Regarding a Patent by MPHJ Technology Investments, LLC (Daniels, Steven) (Entered: 01/13/2014) 2014-02-10 15:49:41 6537a488309f5ecef7c1392afa905deb62322c70
2014-01-14 5 0 Summons Issued as to All Defendants. (mc5) (Entered: 01/14/2014) 2014-02-10 15:50:18 a0a15c5694fed2ae5969a2bcfad448629dbbdd57
2014-01-22 6 0 SUMMONS Returned Executed by MPHJ Technology Investments, LLC. Federal Trade Commission served on 1/15/2014, answer due 3/17/2014. (Daniels, Steven) (Entered: 01/22/2014) 2014-02-10 15:51:27 334df6317cd526c53b91798a9f5e6e569805381e
2014-01-22 7 0 SUMMONS Returned Executed by MPHJ Technology Investments, LLC. Jessica Rich served on 1/15/2014, answer due 3/17/2014. (Daniels, Steven) (Entered: 01/22/2014) 2014-02-10 15:52:23 15573a78513cf953ca51bb69a5ffadd26fa088c5
2014-01-22 8 0 SUMMONS Returned Executed by MPHJ Technology Investments, LLC. Joshua D. Wright served on 1/15/2014, answer due 3/17/2014. (Daniels, Steven) (Entered: 01/22/2014) 2014-02-16 20:38:00 2ad1ef6c9424bfc64bd4e69acecd63dc22fac2ec
2014-01-22 9 0 SUMMONS Returned Executed by MPHJ Technology Investments, LLC. Edith Ramirez served on 1/15/2014, answer due 3/17/2014. (Daniels, Steven) (Entered: 01/22/2014)
2014-01-22 10 0 SUMMONS Returned Executed by MPHJ Technology Investments, LLC. Julie Brill served on 1/15/2014, answer due 3/17/2014. (Daniels, Steven) (Entered: 01/22/2014)
2014-01-22 11 0 SUMMONS Returned Executed by MPHJ Technology Investments, LLC. Maureen K. Ohlhausen served on 1/15/2014, answer due 3/17/2014. (Daniels, Steven) (Entered: 01/22/2014) 2014-02-27 15:48:11 4c49481a97ef88a7506dd91fd9acda1ee73aad94
2014-01-27 12 0 MOTION to Appear Pro Hac Vice by Steven R. Daniels (W. Bryan Farney) ( Filing fee $ 100 receipt number 0542-6194114) by on behalf of MPHJ Technology Investments, LLC. (Daniels, Steven) (Entered: 01/27/2014) 2014-02-10 15:52:48 9d4c0427bb0e067b21a458e08eb2f3f3b66fb640
2014-02-03 13 0 ORDER DENYING 12 Motion to Appear Pro Hac Vice. Signed by Judge Walter S. Smith. (ad) (Entered: 02/03/2014) 2014-02-10 15:54:03 41aefa36ed122efeef27a60fa1edf65c3eb2aa76
2014-03-12 14 0 NOTICE of Attorney Appearance by Perham Gorji on behalf of Federal Trade Commission. Attorney Perham Gorji added to party Federal Trade Commission(pty:dft) (Gorji, Perham) (Entered: 03/12/2014)
2014-03-17 15 0 MOTION to Dismiss by Julie Brill, Federal Trade Commission, Maureen K. Ohlhausen, Edith Ramirez, Jessica Rich, Joshua D. Wright. (Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Certificate of Service)(Gorji, Perham) (Entered: 03/17/2014)
2014-03-21 16 0 Unopposed MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss and Extension of Page Limit by MPHJ Technology Investments, LLC. (Attachments: # 1 Proposed Order)(Dunnam, James) (Entered: 03/21/2014) 2014-04-23 10:42:58 e5de4c792609f0891b41d95f2f7680cb4934a212
16 1 Proposed Order
2014-03-24 17 0 ORDER DENYING 15 Motion to Dismiss for failing to comply with the Local Rules; DENYING 16 Motion for Extension of Time to File Response/Reply as moot. Signed by Judge Walter S. Smith. (ad) (Entered: 03/24/2014) 2014-04-23 10:42:23 c9cdc622ce99cdc69bd48eb5acb4a473291eee15
2014-03-25 18 0 Unopposed MOTION for Leave to File a Corrected Motion to Dismiss Beyond Filing Due Date by Julie Brill, Federal Trade Commission, Maureen K. Ohlhausen, Edith Ramirez, Jessica Rich, Joshua D. Wright. (Attachments: # 1 Exhibit A (Motion to Dismiss), # 2 Proposed Order, # 3 Certificate of Service)(Gorji, Perham) (Entered: 03/25/2014) 2014-04-24 13:30:58 5db764727e9bc1268855c574749e50843da17bd6
18 1 Exhibit A (Motion to Dismiss)
18 2 Proposed Order
18 3 Certificate of Service
2014-03-28 19 0 ORDER GRANTING 18 Motion for Leave to File Corrected Motion. Signed by Judge Walter S. Smith. (ad) (Entered: 03/28/2014)
2014-03-28 20 0 Motion to Dismiss for Failure to State a Claim by Julie Brill, Federal Trade Commission, Maureen K. Ohlhausen, Edith Ramirez, Jessica Rich, Joshua D. Wright. (ad) (Entered: 03/28/2014) 2014-04-24 13:32:56 36d5872130ba2b2fd5b40fcc3cca39c54aea8212
2014-03-31 21 0 Unopposed MOTION for Extension of Time to File Response/Reply as to 20 Motion to Dismiss for Failure to State a Claim and, Unopposed MOTION for Leave to Exceed Page Limitation by MPHJ Technology Investments, LLC. (Attachments: # 1 Proposed Order)(Dunnam, James) (Entered: 03/31/2014)
2014-04-02 22 0 ORDER GRANTING 21 Motion for Extension of Time to File Response/Reply ; GRANTING 21 Motion for Leave to File Excess Pages. Signed by Judge Walter S. Smith. (ad) (Entered: 04/02/2014) 2014-04-23 10:44:19 a81c6d9b819eb56d538658f938e4b1f3dffc1ed3
2014-04-10 23 0 NOTICE of Attorney Appearance by Dan N. MacLemore, IV on behalf of MPHJ Technology Investments, LLC. Attorney Dan N. MacLemore, IV added to party MPHJ Technology Investments, LLC(pty:pla) (MacLemore, Dan) (Entered: 04/10/2014)
2014-04-16 24 0 NOTICE of Attorney Appearance by W. Bryan Farney on behalf of MPHJ Technology Investments, LLC. Attorney W. Bryan Farney added to party MPHJ Technology Investments, LLC(pty:pla) (Farney, W.) (Entered: 04/16/2014)
2014-04-18 25 0 Response in Opposition to Motion, filed by MPHJ Technology Investments, LLC, re 20 Motion to Dismiss for Failure to State a Claim filed by Defendant Maureen K. Ohlhausen, Defendant Edith Ramirez, Defendant Jessica Rich, Defendant Joshua D. Wright, Defendant Federal Trade Commission, Defendant Julie Brill (Attachments: # 1 Appendix, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit B-1, # 5 Exhibit B-2, # 6 Exhibit B-3, # 7 Exhibit B-4, # 8 Exhibit C, # 9 Exhibit C-1, # 10 Exhibit C-2, # 11 Exhibit C-3, # 12 Exhibit C-4, # 13 Exhibit C-5, # 14 Exhibit Placeholder for D, # 15 Exhibit E, # 16 Exhibit E-1, # 17 Exhibit E-2, # 18 Exhibit E-3, # 19 Exhibit E-4, # 20 Exhibit E-5, # 21 Exhibit E-6, # 22 Exhibit E-7, # 23 Exhibit E-8, # 24 Exhibit E-9, # 25 Exhibit Placeholder for F, # 26 Exhibit Placeholder for F-1, # 27 Exhibit G, # 28 Exhibit G-1, # 29 Exhibit G-2, # 30 Exhibit H, # 31 Exhibit H-1, # 32 Exhibit I)(Farney, W.) (Additional attachment(s) added on 4/24/2014: # 33 Sealed Document) (ad). (Additional attachment(s) added on 4/24/2014: # 34 Sealed Document, # 35 Sealed Document) (ad). (Entered: 04/18/2014) 2014-04-25 14:37:28 77ebd0d0796c8900483bd619655ae1414cc01fb7
25 1 Appendix
25 2 Exhibit A
25 3 Exhibit B
25 4 Exhibit B-1
25 5 Exhibit B-2
25 6 Exhibit B-3
25 7 Exhibit B-4
25 8 Exhibit C
25 9 Exhibit C-1
25 10 Exhibit C-2
25 11 Exhibit C-3
25 12 Exhibit C-4
25 13 Exhibit C-5
25 14 Exhibit Placeholder for D
25 15 Exhibit E
25 16 Exhibit E-1
25 17 Exhibit E-2
25 18 Exhibit E-3
25 19 Exhibit E-4
25 20 Exhibit E-5
25 21 Exhibit E-6
25 22 Exhibit E-7
25 23 Exhibit E-8
25 24 Exhibit E-9
25 25 Exhibit Placeholder for F
25 26 Exhibit Placeholder for F-1
25 27 Exhibit G
25 28 Exhibit G-1
25 29 Exhibit G-2
25 30 Exhibit H
25 31 Exhibit H-1
25 32 Exhibit I
2014-04-18 26 0 Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document Exhibit D in Support of Plaintiff's Response in Opposition re 20 Motion to Dismiss, # 2 Sealed Document Exhibit F in Support of Plaintiff's Response in Opposition re 20 Motion to Dismiss, # 3 Sealed Document Exhibit F-1 in Support of Plaintiff's Response in Opposition re 20 Motion to Dismiss) (Farney, W.) (Entered: 04/18/2014)
2014-05-05 27 0 REPLY to Response to Motion, filed by Julie Brill, Federal Trade Commission, Maureen K. Ohlhausen, Edith Ramirez, Jessica Rich, Joshua D. Wright, re 20 Motion to Dismiss for Failure to State a Claim filed by Defendant Maureen K. Ohlhausen, Defendant Edith Ramirez, Defendant Jessica Rich, Defendant Joshua D. Wright, Defendant Federal Trade Commission, Defendant Julie Brill (Attachments: # 1 Declaration of Donald S. Clark, # 2 certificate of service)(Gorji, Perham) (Entered: 05/05/2014) 2014-05-06 12:32:08 247d1057443353ed936afa517f1c6c0dd4c6253e
27 1 Declaration of Donald S. Clark
27 2 certificate of service
2014-06-25 28 0 MOTION for Leave to File Notice of New Authority in Support of MPHJ Technology Investments, LLC's Opposition to Defendants' Motion to Dismiss by MPHJ Technology Investments, LLC. (Attachments: # 1 Exhibit 1 - Notice of New Authority, # 2 Proposed Order)(Farney, W.) (Entered: 06/25/2014)
2014-06-30 29 0 ORDER GRANTING 28 Motion for Leave to File. Signed by Judge Walter S. Smith. (ad) (Entered: 06/30/2014)
2014-06-30 30 0 NOTICE of New Authority in Support of Its Opposition to Defendant's Motion to Dismiss by MPHJ Technology Investments, LLC. (ad) (Entered: 06/30/2014)
2014-07-03 31 0 RESPONSE to Notice of New Authority by Julie Brill, Federal Trade Commission, Maureen K. Ohlhausen, Edith Ramirez, Jessica Rich, Joshua D. Wright. (Attachments: # 1 Certificate of Service)(Gorji, Perham) (Entered: 07/03/2014)
2014-09-02 32 0 NOTICE OF NEW AUTHORITY by MPHJ Technology Investments, LLC (MacLemore, Dan) (Entered: 09/02/2014) 2014-09-03 10:28:10 1db973464a18be49a426417a75e3f1c34fd6f23c
2014-09-03 33 0 MOTION to Withdraw as Attorney by Julie Brill, Federal Trade Commission, Maureen K. Ohlhausen, Edith Ramirez, Jessica Rich, Joshua D. Wright. (Gorji, Perham) (Entered: 09/03/2014)
2014-09-03 34 0 MOTION to Substitute Attorney and Appear Pro Hac Vice by Julie Brill, Federal Trade Commission, Maureen K. Ohlhausen, Edith Ramirez, Jessica Rich, Joshua D. Wright. (Gorji, Perham) (Entered: 09/03/2014)
2014-09-05 35 0 ORDER GRANTING 34 Motion to Substitute Attorney and to appear Pro Hac Vice. Signed by Judge Walter S. Smith. (ad) (Entered: 09/05/2014)
2014-09-12 36 0 RESPONSE to Plaintiff's Second Notice of New Authority to 32 Notice (Other) by Federal Trade Commission. (Fascett, Lauren) (Entered: 09/12/2014)
2014-09-12 37 0 RESPONSE /REPLY to Defendants' Response to Plaintiff's Second Notice of New Authority to 32 Notice (Other), 36 Response by MPHJ Technology Investments, LLC. (Farney, W.) (Entered: 09/12/2014)
2014-09-16 38 0 ORDER GRANTING 20 Motion to Dismiss for Failure to State a Claim. Plaintiff's claims are DISMISSED. It is further ORDERED that any pending motions not previously ruled upon by the Court are DENIED. Signed by Judge Walter S. Smith. (ad) (Entered: 09/16/2014) 2014-09-17 10:16:15 b1f1c49548f6b410435a4dc07a5f68d76579189d
2014-09-16 39 0 JUDGMENT in favor of Defendant against Plaintiff. Signed by Judge Walter S. Smith. (ad) (Entered: 09/16/2014)
2014-09-17 40 0 Unopposed MOTION for Leave to File Motion for Correction of Order by MPHJ Technology Investments, LLC. (Attachments: # 1 Exhibit Exhibit 1 - Motion for Correction of Order, # 2 Proposed Order Order Granting Motion for Leave)(Dunnam, James) (Entered: 09/17/2014)
2015-06-15 41 0 MOTION for Correction of Order by MPHJ Technology Investments, LLC. (ad) (Entered: 06/15/2015)
2015-06-15 42 0 ORDER GRANTING 41 Motion for Correction of Order. Signed by Judge Walter S. Smith. (ad) (Entered: 06/15/2015)
2015-10-07 43 0 Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (mc5) (Entered: 10/07/2015)