DataMotion Texas, LLC v. Automatic Data Processing, LLC et al
| California Northern District Court | |
| Judge: | Laurel Beeler |
| Case #: | 3:16-cv-01029 |
| Nature of Suit | 830 Property Rights - Patent |
| Cause | 35:271 Patent Infringement |
| Case Filed: | Mar 02, 2016 |
| Terminated: | Mar 18, 2016 |
| Last checked: Monday Aug 29, 2016 2:21 AM PDT |
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Counter-claimant
ADP, LLC
Jones Day 12265 El Camino Real, Suite 200
San Diego, CA 92130 |
Represented By
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Counter-claimant
Automatic Data Processing Inc.
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Represented By
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Counter-defendant
DataMotion Texas, LLC
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Represented By
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Defendant
ADP, LLC
Jones Day 12265 El Camino Real, Suite 200
San Diego, CA 92130 |
Represented By
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Defendant
Automatic Data Processing Inc.
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Represented By
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Plaintiff
DataMotion Texas, LLC
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Automatic Data Processing, LLC
Terminated: 07/08/2015
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Represented By
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| Docket last updated: 10/25/2023 11:59 PM PDT |
| Friday, March 18, 2016 | ||
| 34 | 34
order
Order on Motion to Dismiss
Fri 03/18 3:56 PM
Order re 33 Motion to Dismiss entered by Magistrate Judge Laurel Beeler. The plaintiff DataMotion Texas LLC ("DataMotion") and the defendants Automatic Data Processing and ADP, LLC (collectively, "ADP") filed a joint motion to dismiss DataMotion's claims against ADP with prejudice and "ADP's claims, defenses or counterclaims for relief against DataMotion without prejudice, and with all attorneys' fees, cost of court and expenses borne by the party incurring same." (See ECF No. 33.) They attach a proposed order but a dispositive order requires the parties' consent to the undersigned's jurisdiction. See 28 U.S.C. � 636(c)(1). That said, the court construes the parties' motion as a joint stipulation of dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) that does not require a separate court order. Thus, pursuant to the parties' stipulation, DataMotion's claims against ADP are dismissed with prejudice and ADP's claims, defenses or counterclaims for relief against DataMotion are dismissed without prejudice. Again pursuant to the parties' stipulation, all attorneys' fees, costs of court and expenses shall be borne by the party incurring the same. If the parties nonetheless want a separate signed order, they may file a short joint consent saying that, under 28 U.S.C. � 636(c), the parties voluntarily consent to the undersigned's issuing the order at ECF No. 33-1. The court then will sign the order at ECF No. 33-1. (The document attached to this text entry is a separate document that memorializes the parties' stipulated dismissal.) |
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| Thursday, March 17, 2016 | ||
| 33 | 33
motion
Dismiss
Thu 03/17 12:01 PM
Joint MOTION to Dismiss all Claims between Plaintiff and Defendants filed by DataMotion Texas, LLC. Responses due by 3/31/2016. Replies due by 4/7/2016.(Edmonds, John) (Filed on 3/17/2016) |
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Att: 1
Proposed Order - Order of Dismissal with Prejudice
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| Wednesday, March 02, 2016 | ||
| 32 | 32
oth_evt
Clerk's Notice
Wed 03/02 2:57 PM
CLERK'S NOTICE : Informing all Parties that this case is now with the United States District Court for the Northern District of California. Re30 Order of Transfer (aaa, COURT STAFF) (Filed on 3/2/2016) |
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| Tuesday, March 01, 2016 | ||
| 31 | 31
order
Initial Case Management Scheduling Order with ADR Deadlines
Wed 03/02 2:55 PM
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/2/2016. Case Management Conference set for 6/9/2016 11:00 AM. Signed by Magistrate Judge Laurel Beeler on 3/1/16.(aaa, COURT STAFF) (Filed on 3/1/2016) |
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Att: 1
LB Standing Order,
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Att: 2
Standing Order
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| 30 | 30
transfer
Case Transferred In - District Transfer
Wed 03/02 2:52 PM
Case transferred in from District of Texas Eastern; Case Number 2:15-cv-00889. Original file certified copy of transfer order and docket sheet received. |
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| Wednesday, February 03, 2016 | ||
| 29 | 29
ORDER granting24 Opposed Motion to Transfer Venue. ORDERED that this case be transferred to the United States District Court for the Northern District of California. The Clerk is directed to take such steps as are necessary to effect this transfer. Signed by Judge Rodney Gilstrap on 2/2/2016. (ch, )
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| Monday, December 21, 2015 | ||
| 28 | 28
SUR-REPLY to Reply to Response to Motion re24 Opposed MOTION to Transfer Venue filed by DataMotion Texas, LLC .(Edmonds, John)
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Att: 1
Affidavit of Stephen F. Schlather,
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Att: 2
Exhibit 20 - Plaintiff's Response to HP's MTV (Dkt. No. 39 in HP case),
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Att: 3
Exhibit 21 - Plaintiff's Sur-Reply to HP's MTV (Dkt. No. 45 in HP case),
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Att: 4
Exhibit 22 - HP Palo Alto and Sunnyvale Employees,
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Att: 5
Exhibit 23 - HP Cupertino Employees
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| Friday, December 11, 2015 | ||
| 27 | 27
REPLY to Response to Motion re24 Opposed MOTION to Transfer Venue filed by ADP, LLC, Automatic Data Processing, Inc. . (Smith, Melissa)
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| Monday, November 30, 2015 | ||
| 26 | 26
Additional Attachments to Main Document:25 Response in Opposition to Motion,..(Schlather, Stephen)
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Att: 1
Affidavit of Bob Janacek,
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Att: 2
Affidavit of Mahesh Muchhala,
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Att: 3
Exhibit 4 - Distance from Fordham to Marshall,
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Att: 4
Exhibit 5 - Distance from Fordham to SF,
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Att: 5
Exhibit 6 - Distance from NJ to Marshall,
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Att: 6
Exhibit 7 - Distance from NJ to SF,
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Att: 7
Exhibit 8 - HP Office Locations,
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Att: 8
Exhibit 9 - HP Service Locations,
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Att: 9
Exhibit 10 - '248 Patent Assignment Search,
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Att: 10
Exhibit 11 - '967 Patent Assignment Search,
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Att: 11
Exhibit 12 - EDTX and NDCA Caseload Stats,
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Att: 12
Exhibit 13 - '248 Patent,
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Att: 13
Exhibit 14 - '967 Patent,
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Att: 14
Exhibit 15 - CenturyLink 10K,
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Att: 15
Exhibit 16 - MariaDB Locations,
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Att: 16
Exhibit 17 - DataMotion's Response to HP's MTV (Dkt. No. 37 in 15-cv-918),
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Att: 17
Exhibit 18 - Marshall Per Diem,
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Att: 18
Exhibit 19 - SF Per Diem
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| 25 | 25
RESPONSE in Opposition re24 Opposed MOTION to Transfer Venue filed by DataMotion Texas, LLC .(Schlather, Stephen)
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Att: 1
Affidavit of Stephen F. Schlather,
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Att: 2
Exhibit 1 - DataMotion's '248 PIC chart to ADP,
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Att: 3
Exhibit 2 - DataMotion's '967 PIC chart to ADP,
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Att: 4
Exhibit 3 - DataMotion's Initial and Additional Disclosures to ADP
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| Wednesday, November 11, 2015 | ||
| 24 | 24
Opposed MOTION to Transfer Venue by ADP, LLC, Automatic Data Processing, Inc..(Smith, Melissa)
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Att: 1
Text of Proposed Order,
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Att: 2
Exhibit Declaration of Jerry Fitzsimmons
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| Monday, September 14, 2015 | ||
| 23 | 23
Plaintiff's ANSWER to21 Answer to Amended Complaint, Counterclaim by DataMotion Texas, LLC.(Schlather, Stephen)
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| Monday, August 31, 2015 | ||
| 22 | 22
ORDER OF CONSOLIDATION. The above-captioned cases are hereby CONSOLIDATED for all pretrial issues, except venue. Cause No. 2:15-cv-894 is designated as the LEAD CASE. All parties are instructed to file any future filings (except relating to venue) in the LEAD CASE. Individual cases remain active for venue determinations and trial.The Clerk is instructed to add the consolidated defendants into the Lead Case and their corresponding Lead and Local Counsel only. Additional counsel may file a Notice of Appearance in the Lead Case if they wish to continue as counsel of record in the lead consolidated action. Signed by Judge Rodney Gilstrap on 08/27/15. (mll, )
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| This civil action is CONSOLIDATED with cause 2:15cv894 designated as the Lead Case. All future pleadings -- except relating to venue -- are to be filed in the Lead Case. This case remains active for venue determination and trial. (mll, ) | ||
| Friday, August 28, 2015 | ||
| 21 | 21
ANSWER to19 Amended Complaint , COUNTERCLAIM against DataMotion Texas, LLC by ADP, LLC, Automatic Data Processing, Inc..(Smith, Melissa)
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| Monday, August 24, 2015 | ||
| 20 | 20
DataMotion's ANSWER to16 Answer to Amended Complaint, Counterclaim of Defendants ADP LLC and Automatic Data Processing, Inc. by DataMotion Texas, LLC.(Schlather, Stephen)
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| Monday, August 10, 2015 | ||
| 19 | 19
AMENDED COMPLAINT against ADP, LLC, Automatic Data Processing, Inc., Automatic Data Processing, LLC, filed by DataMotion Texas, LLC.(Edmonds, John)
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| Friday, July 31, 2015 | ||
| 18 | 18
CORPORATE DISCLOSURE STATEMENT filed by ADP, LLC, Automatic Data Processing, Inc. identifying Corporate Parent Automatic Data Processing, Inc. for ADP, LLC. (Smith, Melissa)
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DEMAND for Trial by Jury by ADP, LLC, Automatic Data Processing, Inc.. (Smith, Melissa)
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| 16 | 16
ANSWER to11 Amended Complaint , COUNTERCLAIM against DataMotion Texas, LLC by ADP, LLC, Automatic Data Processing, Inc..(Smith, Melissa)
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| Tuesday, July 28, 2015 | ||
| 15 | 15
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re ADP, LLC.( Jones, Michael)
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| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for ADP, LLC to 7/31/2015. 2 Days Granted for Deadline Extension.( nkl, ) | ||
| Wednesday, July 15, 2015 | ||
| 14 | 14
SUMMONS Returned Executed by DataMotion Texas, LLC. ADP, LLC served on 7/8/2015, answer due 7/29/2015. (ch, )
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| Wednesday, July 08, 2015 | ||
| 13 | 13
SUMMONS Issued as to ADP, LLC. (ch, )
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| 12 | 12
ORDER granting10 Notice of Voluntary Dismissal as to Automatic Data Processing, LLC. Signed by Judge Rodney Gilstrap on 7/8/2015. (ch, )
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| Wednesday, July 01, 2015 | ||
| 11 | 11
AMENDED COMPLAINT for Patent Infringement against Automatic Data Processing, Inc., ADP, LLC, filed by DataMotion Texas, LLC.(Edmonds, John)
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| 10 | 10
NOTICE of Voluntary Dismissal by DataMotion Texas, LLC(Edmonds, John)
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Att: 1
Text of Proposed Order - Granting Dismissal for Automatic Data Processing LLC
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| Tuesday, June 30, 2015 | ||
| 9 | 9
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Automatic Data Processing, LLC.( Jones, Michael)
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| 8 | 8
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Automatic Data Processing, Inc..( Jones, Michael)
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| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Automatic Data Processing, Inc. to 7/31/2015; Automatic Data Processing, LLC to 7/31/2015. 30 Days Granted for Deadline Extension.( sm, ) | ||
| Thursday, June 25, 2015 | ||
| 7 | 7
SUMMONS Returned Executed by DataMotion Texas, LLC. Automatic Data Processing, Inc. served on 6/10/2015, answer due 7/1/2015. (ch, )
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| Tuesday, June 02, 2015 | ||
| 6 | 6
CORPORATE DISCLOSURE STATEMENT filed by DataMotion Texas, LLC identifying Corporate Parent DataMotion, Inc. for DataMotion Texas, LLC. (Edmonds, John)
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| Monday, June 01, 2015 | ||
| 5 | 5
Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Edmonds, John)
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| 4 | 4
NOTICE of Attorney Appearance by Shea Neal Palavan on behalf of DataMotion Texas, LLC (Palavan, Shea)
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| 3 | 3
NOTICE of Attorney Appearance by Stephen F Schlather on behalf of DataMotion Texas, LLC (Schlather, Stephen)
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| 2 | 2
SUMMONS Issued as to Automatic Data Processing, Inc.,(ch, )
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Att: 1
Automatic Data Processing LLC
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| Thursday, May 28, 2015 | ||
| 1 | 1
COMPLAINT for Patent Infringement against All Defendants ( Filing fee $ 400 receipt number 0540-5219516.), filed by DataMotion Texas, LLC.(Edmonds, John)
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit A - '248 Patent
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| Case assigned to Judge Rodney Gilstrap. (ch, ) | ||
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form[LINK:Consent to Proceed Before Magistrate Judge] is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge . (ch, ) | ||