On Track Innovations Ltd. v. T-Mobile USA, Inc.
| New York Southern District Court | |
| Judge: | Alison J Nathan |
| Case #: | 1:15-cv-03491 |
| Nature of Suit | 830 Property Rights - Patent |
| Cause | 35:271 Patent Infringement |
| Case Filed: | May 05, 2015 |
| Terminated: | Nov 02, 2015 |
| Last checked: Sunday Nov 01, 2015 6:52 AM EST |
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Defendant
T-Mobile USA, Inc.
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Represented By
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Plaintiff
On Track Innovations Ltd.
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Represented By
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| Docket last updated: 04/15/2025 11:59 PM EDT |
| Monday, September 18, 2023 | ||
| 47 | 47
misc
Sealed Document Disposed
Mon 09/18 11:49 AM
SEALED MATERIALS DISPOSED: Document(s) 30 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 09/18/2023..(jus) |
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| Thursday, August 17, 2023 | ||
| 46 | 46
misc
Sealed Document Attorney Notice to Retrieve
Thu 08/17 12:49 PM
NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 30 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 9/18/2023. .(jus) |
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| Tuesday, November 17, 2015 | ||
| 45 | 45
order
Order of Dismissal
Tue 11/17 4:28 PM
ORDER. Plaintiff On Track Innovations and Defendant T-Mobile USA, Inc. (together, the "Parties") have announced to the Court that they have resolved their claims and counterclaims for relief asserted in this case and request dismissal of the case as between them. The Court, having considered this request, is of the opinion that the Parties' request for dismissal should be GRANTED. IT IS THEREFORE ORDERED that all claims and counterclaims asserted by Plaintiff against Defendant are dismissed with prejudice. IT IS FURTHER ORDERED that all claims asserted by Defendant against Plaintiff are dismissed without prejudice. IT IS FURTHER ORDERED that all attorneys' fees, costs of court and expenses shall be borne by each party incurring the same. (Signed by Judge Alison J. Nathan on 11/17/2015) (rjm) |
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| Monday, November 16, 2015 | ||
| 44 | 44
motion
Dismiss
Mon 11/16 5:31 PM
JOINT MOTION to Dismiss . Document filed by On Track Innovations Ltd..(Yonay, Guy) |
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| Monday, November 02, 2015 | ||
| 43 | 43
misc
AO 120 Form Patent - Case Terminated - Submitted
Tue 11/03 8:38 AM
AO 120 FORM PATENT - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 11/2/2015 in a court action filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (rjm) |
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| 42 | 42
order
Order of Discontinuance
Mon 11/02 3:56 PM
ORDER. It was previously reported to this Court that the parties in the above-captioned cases have reached an agreement in principle to settle both actions. See Dkt. No. 236. On September 24, 2015, the Court granted the parties' request for a 30-day of all deadlines in both actions. See Dkt. No. 237. On November 2, 2015, the Court received a letter from the parties requesting an additional two-week extension of the Court's stay of all deadlines in both actions. It is hereby ORDERED that the above-captioned actions are discontinued without costs to any party and without prejudice to restoring the actions to this Court's calendar if the application to restore the actions is made on our before November 16, 2015. All scheduled conferences are hereby adjourned. Within this two-week period, the parties may submit to the Court their own Stipulation of Dismissal for the Court to So Order. It is further ORDERED that the parties shall file their November 2, 2015 letter on ECF, in accordance with Rule 1.A. of the Court's Individual Practices in Civil Cases. All further communications with the Court are to comply with these Practices. So ordered. (Signed by Judge Alison J. Nathan on 11/2/2015) (rjm) |
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| 41 | 41
motion
Stay
Mon 11/02 2:57 PM
JOINT LETTER MOTION to Stay addressed to Judge Alison J. Nathan from Guy Yonay dated November 2, 2015. Document filed by On Track Innovations Ltd..(Yonay, Guy) |
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| Thursday, September 24, 2015 | ||
| 40 | 40
order
Order on Motion to Stay
Thu 09/24 4:50 PM
ORDER granting39 JOINT LETTER MOTION to Stay addressed to Judge Alison J. Nathan from Guy Yonay dated September 24, 2015. Document filed by On Track Innovations Ltd. So ordered. (Signed by Judge Alison J. Nathan on 9/24/2015) (rjm) |
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| 39 | 39
motion
Stay
Thu 09/24 2:49 PM
JOINT LETTER MOTION to Stay addressed to Judge Alison J. Nathan from Guy Yonay dated September 24, 2015. Document filed by On Track Innovations Ltd..(Yonay, Guy) |
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| Friday, August 28, 2015 | ||
| 38 | 38
order
Order Referring Case to Magistrate Judge
Fri 08/28 5:26 PM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James C. Francis. (Signed by Judge Alison J. Nathan on 8/28/2015) (kgo) |
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| 37 | 37
order
Case Management Plan
Fri 08/28 5:07 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. § 636(c). All Fact Discovery due by 8/15/2016. Deposition due by 6/30/2016. All Expert Discovery due by 9/30/2016. This case is to be tired to a jury. Except for the dates contained in Parg. 8 above, this Order may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein shall be made in a written application in accordance with Court's Individual Rules and shall be made no fewer than two (2) business days prior to the expiration of the date sought to be extended. Absent exceptional circumstances, extensions will not be granted after deadlines have already passed. Ongoing settlement discussions do not extend any date herein unless expressly ordered by the Court. The Next Case Management Conference set for 9/9/2016 at 10:30 AM before Judge Alison J. Nathan. O ORDERED. (Signed by Judge Alison J. Nathan on 8/28/2015) (ama) |
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minutes
Pretrial Conference - Initial
Fri 08/28 2:13 PM
Minute Entry for proceedings held before Judge Alison J. Nathan: Initial Pretrial Conference held on 8/28/2015. (snu) |
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| Friday, August 21, 2015 | ||
| 36 | 36
discov
Rule 26(f) Discovery Plan Report
Fri 08/21 5:17 PM
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by On Track Innovations Ltd..(Yonay, Guy) |
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| 35 | 35
misc
Letter
Fri 08/21 5:14 PM
LETTER addressed to Judge Alison J. Nathan from Guy Yonay dated August 21, 2015 re: Rule 16 Conference. Document filed by On Track Innovations Ltd..(Yonay, Guy) |
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| Thursday, July 02, 2015 | ||
| 34 | 34
respoth
Declaration (non-motion)
Thu 07/02 3:33 PM
DECLARATION of Zachary T. Elsea re:29 Reply Memorandum of Law in Support of Motion . Document filed by T-Mobile USA, Inc..(Elsea, Zachary) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E
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| Wednesday, July 01, 2015 | ||
| 33 | 33
order
Order
Thu 07/02 9:09 AM
ORDER: The Court has reviewed the proposed redactions. Given the limited scope of the redaction request and the fact that the Court has previously T-Mobile's request to redact similar information, the Court provisionally grants T-Mobile's request to file redacted versions of Exhibits A, B, C, and E. See Schoeps v. Museum of Modern Art, 603 F. Supp. 2d 673, 676 (S.D.N.Y. 2009). T-Mobile shall promptly file redacted versions of each document. (As is further set forth in this Order.) (Signed by Judge Alison J. Nathan on 7/1/2015) (spo) |
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| 32 | 32
order
Order
Wed 07/01 5:52 PM
ORDER: Having thoroughly reviewed the parties' letters, the Court denies OTI's request to reschedule the August 28, 2015 Initial Pretrial Conference and further denies any request to accelerate the schedule of this case in order to consolidate it with 12-cv-2224 (AJN), which is scheduled for trial on November 30, 2015. See 12-cv-2224 (AJN), Dkt. No. 221. The Court reaches this conclusion for two separate reasons. (As further set forth in this Order.) It has taken nearly three-and-a-half years to get 12-cv-2224 (AJN) ready for trial, and while the second action would certainly benefit from certain efficiencies derived from the first case, the Court is skeptical that such a complex matter can be compressed into the timeframe proposed by OTI. In sum, OTI's request for an early Initial Pretrial Conference date is denied and the case shall proceed on a normal schedule. (Signed by Judge Alison J. Nathan on 7/1/2015) (kko) |
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| 31 | 31
order
Amended Standing Order re Patent Cases Pilot Program
Wed 07/01 3:56 PM
AMENDED STANDING ORDER IN RE IMPLEMENTATION OF PATENT PILOT PROGRAM IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 21, 2011). It appearing that the Court has elected to participate in the Pilot Project for Patent Cases established pursuant to Pub L. No. 111-349, 124 Stat. 3674. Therefore, effective November 21, 2011, the Court's participation in the Patent Pilot Project will commence and shall include pro se cases. The Pilot program will be subject to the following procedures: When a designated Pilot judge receives a patent case on initial assignment, the case shall be assigned to that judge for all purposes, without further notice to the Assignment Committee and the Case Assignment Unit.... (Signed by Judge Loretta A. Preska on 3/29/2012) (dgo) |
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| Tuesday, June 30, 2015 | ||
| 30 | 30
misc
Sealed Document
Tue 06/30 10:39 AM
SEALED DOCUMENT placed in vault.(nm) |
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| Monday, June 29, 2015 | ||
| 29 | 29
respm
Reply Memorandum of Law in Support of Motion
Mon 06/29 11:18 PM
REPLY MEMORANDUM OF LAW in Support re:9 MOTION to Dismiss OTI's Amended Complaint . . Document filed by T-Mobile USA, Inc.. (Elsea, Zachary) |
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| 28 | 28
order
Order
Mon 06/29 5:55 PM
ORDER: the Court provisionally grants OTI's request to file a redacted version of its opposition brief and redacted versions of Exhibit A and Exhibit B. See Schoeps v. Museum of Modern Art, 603 F. Supp. 2d 673, 676 (S.D.N.Y. 2009). OTI shall promptly file redacted versions of each document, and as further set forth in this order. (Signed by Judge Alison J. Nathan on 6/29/2015) (tn) |
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| 27 | 27
respm
Declaration in Opposition to Motion
Mon 06/29 11:49 AM
DECLARATION of Guy Yonay in Opposition re:9 MOTION to Dismiss OTI's Amended Complaint .. Document filed by On Track Innovations Ltd..(Yonay, Guy) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| 26 | 26
respm
Memorandum of Law in Opposition to Motion
Mon 06/29 11:42 AM
MEMORANDUM OF LAW in Opposition re:9 MOTION to Dismiss OTI's Amended Complaint . REDACTED . Document filed by On Track Innovations Ltd.. (Yonay, Guy) |
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| Thursday, June 25, 2015 | ||
| 25 | 25
order
Order on Motion to Appear Pro Hac Vice
Thu 06/25 1:21 PM
ORDER granting22 Motion for John Charles Hueston to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) |
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| 24 | 24
order
Order on Motion to Appear Pro Hac Vice
Thu 06/25 1:20 PM
ORDER granting21 Motion for Alexander Chester Giza to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) |
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| Wednesday, June 17, 2015 | ||
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misc
Notice Regarding Pro Hac Vice Motion
Wed 06/17 8:16 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 22 MOTION for John Charles Hueston to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11042477. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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| Tuesday, June 16, 2015 | ||
| 23 | 23
misc
Letter
Tue 06/16 9:26 PM
LETTER addressed to Judge Alison J. Nathan from Douglas J. Dixon dated June 16, 2015 re: OTI's June 11 letter to the Court (Dkt. No. 20). Document filed by T-Mobile USA, Inc..(Elsea, Zachary) |
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| 22 | 22
motion
Appear Pro Hac Vice
Tue 06/16 5:02 PM
MOTION for John Charles Hueston to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11042477. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by T-Mobile USA, Inc..(Hueston, John) |
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Att: 1
Certificate of Good Standing,
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Att: 2
Proposed Order
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| 21 | 21
motion
Appear Pro Hac Vice
Tue 06/16 11:01 AM
MOTION for Alexander Chester Giza to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11038739. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by T-Mobile USA, Inc..(Giza, Alexander) |
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Att: 1
Proposed Order,
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Att: 2
Certificate of Good Standing
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misc
Notice Regarding Pro Hac Vice Motion
Tue 06/16 11:04 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 21 MOTION for Alexander Chester Giza to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11038739. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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| Thursday, June 11, 2015 | ||
| 20 | 20
misc
Letter
Thu 06/11 5:57 PM
LETTER addressed to Judge Alison J. Nathan from Guy Yonay dated June 11, 2015 re: Scheduling conference reset. Document filed by On Track Innovations Ltd..(Yonay, Guy) |
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| 19 | 19
order
Order on Motion to Appear Pro Hac Vice
Thu 06/11 3:12 PM
ORDER granting18 Motion for Zachary Truman Elsea to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) |
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| Wednesday, June 10, 2015 | ||
| 18 | 18
motion
Appear Pro Hac Vice
Wed 06/10 3:59 PM
MOTION for Zachary Truman Elsea to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11018193. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by T-Mobile USA, Inc..(Elsea, Zachary) |
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Att: 1
Certificate of Good Standing,
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Att: 2
Proposed Order
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misc
Notice Regarding Pro Hac Vice Motion
Wed 06/10 4:06 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Zachary Truman Elsea to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11018193. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) |
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| Tuesday, June 09, 2015 | ||
| 17 | 17
order
Memo Endorsement
Wed 06/10 12:06 PM
MEMO ENDORSEMENT on re:16 LETTER addressed to Judge Alison J. Nathan from Guy Yonay dated 06/09/2015 re: Scheduling conference reset. Document filed by On Track Innovations Ltd. ENDORSEMENT: The Court will determine whether to expedite the schedule in this case on the basis of the parties' written submissions. Accordingly, OTI may submit a letter reply addressing the substance of T-Mobile's June 8, 2015 letter. The reply shall be no longer than two pages in length and must be submitted by June 11, 2015. So ordered. (Signed by Judge Alison J. Nathan on 6/9/2015) (rjm) |
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| 16 | 16
misc
Letter
Tue 06/09 1:53 PM
LETTER addressed to Judge Alison J. Nathan from Guy Yonay dated 06/09/2015 re: Scheduling conference reset. Document filed by On Track Innovations Ltd..(Yonay, Guy) |
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| Monday, June 08, 2015 | ||
| 15 | 15
misc
Letter
Mon 06/08 8:33 PM
LETTER addressed to Judge Alison J. Nathan from Douglas J. Dixon dated June 8, 2015 re: T-Mobile's Opposition to OTI's Request for Rescheduling of Initial Conference (Dkt. No. 14). Document filed by T-Mobile USA, Inc..(Dixon, Douglas) |
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Att: 1
Attachment A,
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Att: 2
Attachment B
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| Thursday, June 04, 2015 | ||
| 14 | 14
order
Endorsed Letter
Thu 06/04 4:23 PM
ENDORSED LETTER addressed to Judge Alison J. Nathan from Guy Yonay dated 5/29/2015 re: We write on behalf of plaintiff On Track Innovations Ltd. ("OTI") to reschedule the initial conference in the above case, which the clerk has set for August 28, 2015. ENDORSEMENT: Defendants are hereby ordered to file a reply letter by June 8, 2015 explaining their opposition. So ordered. (Signed by Judge Alison J. Nathan on 6/4/2015) (rjm) |
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| Wednesday, June 03, 2015 | ||
| 13 | 13
misc
Rule 7.1 Corporate Disclosure Statement
Wed 06/03 9:24 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent T-Mobile Global Holding GmbH, Corporate Parent T-Mobile Global Zwischenholding GmbH, Corporate Parent T-Mobile US, Inc., Corporate Parent Deutsche Telekom Holding B.V., Corporate Parent Deutsche Telekom AG for T-Mobile USA, Inc.. Document filed by T-Mobile USA, Inc..(Dixon, Douglas) |
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| 12 | 12
misc
Letter
Wed 06/03 12:01 AM
LETTER addressed to Judge Alison J. Nathan from Douglas Dixon dated June 2, 2015 re: Oral Argument on T-Mobile's Motion to Dismiss. Document filed by T-Mobile USA, Inc..(Dixon, Douglas) |
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| Tuesday, June 02, 2015 | ||
| 11 | 11
respm
Declaration in Support of Motion
Tue 06/02 11:59 PM
DECLARATION of Zachary Elsea in Support re:9 MOTION to Dismiss OTI's Amended Complaint .. Document filed by T-Mobile USA, Inc..(Dixon, Douglas) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| 10 | 10
respm
Memorandum of Law in Support of Motion
Tue 06/02 11:56 PM
MEMORANDUM OF LAW in Support re:9 MOTION to Dismiss OTI's Amended Complaint . . Document filed by T-Mobile USA, Inc.. (Dixon, Douglas) |
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| 9 | 9
motion
Dismiss
Tue 06/02 11:55 PM
MOTION to Dismiss OTI's Amended Complaint . Document filed by T-Mobile USA, Inc..(Dixon, Douglas) |
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| 8 | 8
notice
Notice of Appearance
Tue 06/02 1:08 PM
NOTICE OF APPEARANCE by Douglas James Dixon on behalf of T-Mobile USA, Inc.. (Dixon, Douglas) |
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| Tuesday, May 26, 2015 | ||
| 7 | 7
cmp
Amended Complaint
Tue 05/26 6:55 AM
AMENDED COMPLAINT amending1 Complaint, against T-Mobile USA, Inc. with JURY DEMAND.Document filed by On Track Innovations Ltd.. Related document:1 Complaint, filed by On Track Innovations Ltd..(Shuman, Clyde) |
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Att: 1
Exhibit Exhibit A 043 Patent,
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Att: 2
Exhibit Exhibit B ISIS FAQs
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| Monday, May 18, 2015 | ||
| 6 | 6
service
Summons Returned Executed
Mon 05/18 4:24 PM
SUMMONS RETURNED EXECUTED Summons and Complaint, served. T-Mobile USA, Inc. served on 5/5/2015, answer due 5/26/2015. Service was accepted by Jerry Bentley, paralegal. Document filed by On Track Innovations Ltd.. (Shuman, Clyde) |
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| Thursday, May 14, 2015 | ||
| 5 | 5
order
Order for Initial Pretrial Conference
Fri 05/15 3:31 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/28/2015 at 10:15 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (Signed by Judge Alison J. Nathan on 5/14/2015) (kgo) |
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| Tuesday, May 12, 2015 | ||
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utility
Case Accepted as Related
Tue 05/12 2:52 PM
CASE ACCEPTED AS RELATED. Create association to 1:12-cv-02224-AJN-JCF. Notice of Assignment to follow. (pgu) |
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notice
Notice of Case Assignment/Reassignment
Tue 05/12 2:53 PM
NOTICE OF CASE ASSIGNMENT to Judge Alison J. Nathan. Judge Unassigned is no longer assigned to the case. (pgu) |
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utility
Case Designation
Tue 05/12 2:53 PM
Magistrate Judge James C. Francis IV is so designated. (pgu) |
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| Wednesday, May 06, 2015 | ||
| 4 | 4
misc
Rule 7.1 Corporate Disclosure Statement
Wed 05/06 9:14 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by On Track Innovations Ltd..(Shuman, Clyde) |
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| Tuesday, May 05, 2015 | ||
| 3 | 3
misc
Statement of Relatedness
Wed 05/06 9:09 AM
STATEMENT OF RELATEDNESS re: that this action be filed as related to 12-cv-2224. Document filed by On Track Innovations Ltd..(rdz) (rz) |
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| 2 | 2
misc
Civil Cover Sheet
Wed 05/06 9:08 AM
CIVIL COVER SHEET filed. (rdz) (rz) |
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| 1 | 1
cmp
Complaint
Wed 05/06 9:06 AM
COMPLAINT against T-Mobile USA, Inc.. (Filing Fee $ 350.00, Receipt Number 465401124442)Document filed by On Track Innovations Ltd..(rdz) (rz). (rz). (rz) |
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Att: 1
(5/6/2015) cmp
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Att: 2
(5/6/2015) cmp
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service
Summons Issued
Wed 05/06 9:07 AM
SUMMONS ISSUED as to T-Mobile USA, Inc.. (rdz) |
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utility
Case Referred as Possibly Related/Similar
Wed 05/06 9:07 AM
CASE REFERRED TO Judge Alison J. Nathan as possibly similar to 12-cv-2224. (rdz) |
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utility
Case Designated ECF
Wed 05/06 9:08 AM
Case Designated ECF. (rdz) |
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misc
Mail Patent Form (case opening)
Wed 05/06 9:13 AM
Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (rdz) |
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