Maplebear Inc. v. GreatGigz Solutions, LLC

COMPLAINT against GreatGigz Solutions, LLC. Filing fees $ 402.00 receipt number AFLSDC-15133224, filed by Maplebear Inc. d/b/a Instacart. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit C, # 6 Exhibit Exhibit D, # 7 Exhibit Exhibit E, # 8 Exhibit Exhibit F, # 9 Exhibit Exhibit G)(Barnett, Eleanor) (Entered: 10/29/2021)

2021-10-29

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Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pcs) (Entered: 10/29/2021)

2021-10-29

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Summons Issued as to GreatGigz Solutions, LLC. (pcs) (Entered: 10/29/2021)

2021-10-29

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FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (pcs) (Entered: 10/29/2021)

2021-10-29

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Plaintiff's Corporate Disclosure Statement by Maplebear Inc. (Barnett, Eleanor) (Entered: 10/29/2021)

2021-10-29

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Bar Letter re: Admissions sent to attorney Neil J. McNabnay, Ricardo J. Bonilla, Lance E. Wyatt, Adil A. Shaikh, mailing date October 29, 2021, (pt) (Entered: 10/29/2021)

2021-10-29

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Clerk's Notice of Judge Assignment and Optional Consent

2021-10-29

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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lance Wyatt, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-15143208 by Maplebear Inc.. Responses due by 11/16/2021 (Attachments: # 1 Text of Proposed Order)(Barnett, Eleanor) (Entered: 11/02/2021)

2021-11-02

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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Adil Shaikh, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-15143265 by Maplebear Inc.. Responses due by 11/16/2021 (Attachments: # 1 Text of Proposed Order)(Barnett, Eleanor) (Entered: 11/02/2021)

2021-11-02

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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ricardo J. Bonilla, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-15143306 by Maplebear Inc.. Responses due by 11/16/2021 (Attachments: # 1 Text of Proposed Order)(Barnett, Eleanor) (Entered: 11/02/2021)

2021-11-02

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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Neil J. McNabnay, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-15143322 by Maplebear Inc.. Responses due by 11/16/2021 (Attachments: # 1 Text of Proposed Order)(Barnett, Eleanor) (Entered: 11/02/2021)

2021-11-02

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PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Lance Wyatt; granting 8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Adil Shaikh; granting 9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Ricardo J. Bonilla; granting 10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Neil J. McNabnay. Signed by Judge Donald M. Middlebrooks on 11/3/2021. (kal) (Entered: 11/03/2021)

2021-11-03

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Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

2021-11-03

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WAIVER OF SERVICE Returned Executed by Maplebear Inc.. GreatGigz Solutions, LLC waiver sent on 11/15/2021, response/answer due 1/14/2022. (Barnett, Eleanor) (Entered: 11/15/2021)

2021-11-15

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ORDER SETTING TRIAL DATE AND SCHEDULING CONFERENCE (Scheduling Conference set for 1/26/2022 02:00 PM before Judge Donald M. Middlebrooks. Jury Trial set for 9/26/2022 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 9/21/2022 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 1/4/2022. See attached document for full details. (pcs) 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: 01/04/2022)

2022-01-04

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First MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, 13 Scheduling Order,,, Set/Reset Deadlines/Hearings,, by GreatGigz Solutions, LLC. Attorney Marc Jay Kesten added to party GreatGigz Solutions, LLC (pty:dft). (Attachments: # 1 Text of Proposed Order [Proposed] Order)(Kesten, Marc) (Entered: 01/12/2022)

2022-01-12

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PAPERLESS ORDER granting 14 Unopposed Motion for Extension of Time. The deadline for Defendant to respond to Plaintiff's Complaint is January 14, 2022, and a Scheduling Conference is currently scheduled for January 26, 2022. (DE 12 ; DE 13 ). Defendant seeks a two-week extension of its response deadline and a corresponding two-week continuance of the Scheduling Conference, citing that counsel "was recently retained in this matter and has not had an opportunity to adequately investigate the claims and allegations raised in the Complaint." (DE 14 at para. 2). Although the basis for the extension is vague, I will grant Defendant's Motion because the relief requested is brief and unopposed. Accordingly, the deadline for Defendant to respond to Plaintiff's Complaint is extended to January 28, 2022 and the Scheduling Conference set for January 26, 2022 is rescheduled for February 16, 2022 at 11 a.m. Signed by Judge Donald M. Middlebrooks on 1/13/2022. (kal) (Entered: 01/13/2022)

2022-01-13

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Order on Motion for Extension of Time to File Response/Reply/Answer

2022-01-13

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~Util - Set/Reset Hearings

2022-01-13

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~Util - Terminate Hearings

2022-01-13

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Terminated Scheduling Conference set for 1/26/2022. Signed by Judge Donald M. Middlebrooks on 1/13/2022. (kal)

2022-01-13

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Scheduling Conference set for 2/16/2022 11:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 1/13/2022. (kal)

2022-01-13

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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Marc J. Kesten. Filing Fee $ 200.00 Receipt # AFLSDC-15325797 by GreatGigz Solutions, LLC. Responses due by 2/1/2022 (Attachments: # 1 Text of Proposed Order [Proposed] Order)(Kesten, Marc) (Entered: 01/18/2022)

2022-01-18

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PAPERLESS ORDER granting 16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rene A. Vazquez. Signed by Judge Donald M. Middlebrooks on 1/19/2022. (kal) (Entered: 01/19/2022)

2022-01-19

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Order on Motion to Appear Pro Hac Vice

2022-01-19

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MOTION Motion to Transfer by GreatGigz Solutions, LLC. (Attachments: # 1 Text of Proposed Order [Proposed] Order)(Kesten, Marc) (Entered: 01/28/2022)

2022-01-28

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Amended MOTION Amended Motion to Transfer by GreatGigz Solutions, LLC. (Attachments: # 1 Text of Proposed Order)(Kesten, Marc) (Entered: 01/28/2022)

2022-01-28

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PAPERLESS ORDER denying as moot 18 Motion to Transfer. In light of Defendant's Amended Motion to Transfer (DE 19 ), Defendant's first-filed Motion to Transfer (DE 18 ) is denied as moot. Signed by Judge Donald M. Middlebrooks on 1/31/2022. (kal) (Entered: 01/31/2022)

2022-01-31

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Order on Motion for Miscellaneous Relief

2022-01-31

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MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by GreatGigz Solutions, LLC. (Attachments: # 1 Text of Proposed Order)(Kesten, Marc) (Entered: 02/01/2022)

2022-02-01

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ANSWER and Affirmative Defenses to Complaint with Jury Demand, COUNTERCLAIM against Maplebear Inc. by GreatGigz Solutions, LLC. (Kesten, Marc) (Entered: 02/01/2022)

2022-02-01

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PAPERLESS ORDER granting 21 Defendant's Unopposed Motion for Extension of Time to Respond to the Complaint. The deadline for Defendant to respond to Plaintiff's Complaint (DE 1 ) was January 28, 2022. Defendant mistakenly believed that its Amended Motion to Transfer (DE 19 ) would be considered a responsive pleading, and, upon realizing its mistake, filed its Answer, Affirmative Defenses, and Counterclaims (DE 22 ) contemporaneously with this Motion for Extension of Time. I find sufficient grounds to grant the Motion (DE 21 ) and extend Defendant's filing deadline to February 1, 2022. As a result, Defendant's Answer (DE 22 ) shall be deemed timely filed. Signed by Judge Donald M. Middlebrooks on 2/2/2022. (kal) (Entered: 02/02/2022)

2022-02-02

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Joint SCHEDULING REPORT - Rule 26(f) by Maplebear Inc. (Attachments: # 1 Text of Proposed Order)(Barnett, Eleanor) (Entered: 02/02/2022)

2022-02-02

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NOTICE of Change of Address, Email or Law Firm Name by Eleanor Trotman Barnett (Barnett, Eleanor) (Entered: 02/02/2022)

2022-02-02

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Order on Motion for Extension of Time to File Response/Reply/Answer

2022-02-02

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ORDER ON SCHEDULING CONFERENCE Signed by Judge Donald M. Middlebrooks on 2/3/2022. See attached document for full details. (pcs) (Entered: 02/04/2022)

2022-02-03

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~Util - Set/Reset Hearings

2022-02-03

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NOTICE TO THE PARTIES: The Scheduling Conference set for 2/16/2022 at 11:00 AM in West Palm Beach Division will be held VIA VIDEOCONFERENCING before Judge Donald M. Middlebrooks. The Courtroom Deputy will email the videoconferencing information to counsel. (gm1)

2022-02-03

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RESPONSE in Opposition re 19 Amended MOTION Amended Motion to Transfer filed by Maplebear Inc.. Replies due by 2/18/2022. (Barnett, Eleanor) (Entered: 02/11/2022)

2022-02-11

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PAPERLESS Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Scheduling Conference held on 2/16/2022. All parties appeared by videoconferencing. Attorney Appearance(s): Lance E. Wyatt, Esq., Eleanor Trotman Barnett, Esq., Marc Jay Kesten, Esq. and Rene A. Vazquez, Esq. Order to follow. Total time in court: 20 minutes. Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov. (gm1) (Entered: 02/16/2022)

2022-02-16

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Counterclaim Defendant Maplebear Inc., d/b/a Instacart's ANSWER to Counterclaim by Maplebear Inc.. (Barnett, Eleanor) (Entered: 02/16/2022)

2022-02-16

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PAPERLESS ORDER setting deadline to file proposed litigation schedule. During today's hearing, the Parties represented that they could file a new proposed litigation schedule that comports with the September 26, 2022 trial date I set (DE 13 ) by one week from today. Accordingly, on or before February 23, 2022, the Parties shall file their proposed schedule. Signed by Judge Donald M. Middlebrooks on 2/16/2022. (kal) (Entered: 02/16/2022)

2022-02-16

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ORDER DENYING MOTION TO TRANSFER denying 19 Motion to Transfer. Signed by Judge Donald M. Middlebrooks on 2/16/2022. See attached document for full details. (pcs) (Entered: 02/17/2022)

2022-02-16

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~Util - Set/Reset Deadlines AND - Order (PAPERLESS or pdf attached)

2022-02-16

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Scheduling Conference

2022-02-16

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Joint SCHEDULING REPORT - Rule 16.1 by Maplebear Inc. (Barnett, Eleanor) (Entered: 02/23/2022)

2022-02-23

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TRANSCRIPT of Zoom Scheduling Conference held on 2-16-22 before Judge Donald M. Middlebrooks, Volume Number 1 of 1, 1-13 pages, Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/7/2022. Redacted Transcript Deadline set for 4/18/2022. Release of Transcript Restriction set for 6/15/2022. (vas) (Entered: 03/17/2022)

2022-03-17

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Plaintiff's MOTION for Judgment on the Pleadings by Maplebear Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Barnett, Eleanor) (Entered: 03/18/2022)

2022-03-18

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PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION. Amended Pleadings due by 4/20/2022., Fact Discovery due by 6/22/2022., Expert Discovery due by 7/27/2022., Joinder of Parties due by 4/20/2022., In Limine Motions due by 8/3/2022., Dispositive Motions due by 8/3/2022., Motions due by 8/3/2022., Pretrial Stipulation due by 8/17/2022., Calendar Call set for 9/12/2022 01:15 PM before Judge Donald M. Middlebrooks., ORDER REFERRING CASE to Mediation. Signed by Judge Donald M. Middlebrooks on 3/21/2022. See attached document for full details. (lbc) 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: 03/22/2022)

2022-03-22

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RESPONSE in Opposition re 34 Plaintiff's MOTION for Judgment on the Pleadings filed by GreatGigz Solutions, LLC. Replies due by 4/8/2022. (Kesten, Marc) (Entered: 04/01/2022)

2022-04-01

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ORDER REFERRING CASE TO MAGISTRATE JUDGE AND CLARIFYING RECORD, referring case to Magistrate Judge William Matthewman with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 4/4/2022. See attached document for full details. (pcs) (Entered: 04/05/2022)

2022-04-04

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ORDER SCHEDULING SETTLEMENT CONFERENCE VIA ZOOM VTC Settlement Conference set for 7/11/2022 10:00 AM before Magistrate Judge William Matthewman. Signed by Magistrate Judge William Matthewman on 4/6/2022. See attached document for full details. (pcs) (Entered: 04/06/2022)

2022-04-06

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Plaintiff's REPLY to Response to Motion re 34 Plaintiff's MOTION for Judgment on the Pleadings Plaintiff's Reply in Support of Its Rule 12(c) Motion for Judgment of Invalidity on the Pleadings filed by Maplebear Inc.. (Attachments: # 1 Exhibit Exhibit A)(Barnett, Eleanor) (Entered: 04/08/2022)

2022-04-08

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Joint MOTION for Protective Order by Maplebear Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Barnett, Eleanor) (Entered: 04/13/2022)

2022-04-13

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ORDER GRANTING JOINT MOTION FOR STIPULATED PROTECTIVE ORDER granting 40 Motion for Protective Order. Signed by Judge Donald M. Middlebrooks on 4/19/2022. See attached document for full details. (pcs) (Entered: 04/19/2022)

2022-04-19

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Plaintiff's MOTION to Stay Pending Ruling on Dispositive Motion for Judgment on the Pleadings by Maplebear Inc.. Responses due by 5/3/2022 (Barnett, Eleanor) (Entered: 04/19/2022)

2022-04-19

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NOTICE by GreatGigz Solutions, LLC (Attachments: # 1 Memorandum Claims Construction Brief) (Kesten, Marc) (Entered: 04/20/2022)

2022-04-20

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Joint MOTION for Stipulated E-Discovery Order by Maplebear Inc.. (Barnett, Eleanor) (Entered: 04/25/2022)

2022-04-25

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PAPERLESS ORDER requiring the filing of the Parties' Stipulated e-Discovery Order. Plaintiff's Motion requests the Court enter "the attached Stipulated e-Discovery Order," but there is no order attached to the Motion. (DE 44 ). As such, the Parties are directed to file their Stipulated e-Discovery Order on or before April 28, 2022 for the Court's review. Signed by Judge Donald M. Middlebrooks on 4/26/2022. (kal) (Entered: 04/26/2022)

2022-04-26

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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rodeen Talebi. Filing Fee $ 200.00 Receipt # AFLSDC-15589825 by Maplebear Inc.. Responses due by 5/10/2022 (Attachments: # 1 Text of Proposed Order Proposed Order)(Barnett, Eleanor) (Entered: 04/26/2022)

2022-04-26

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NOTICE by Maplebear Inc. re 44 Joint MOTION for Stipulated E-Discovery Order, 45 Order,, Set/Reset Deadlines, Notice of Filing Proposed E-Discovery Order (Attachments: # 1 Text of Proposed Order Proposed Order) (Barnett, Eleanor) (Entered: 04/26/2022)

2022-04-26

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~Util - Set/Reset Deadlines AND - Order (PAPERLESS or pdf attached)

2022-04-26

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PAPERLESS ORDER granting 46 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rodeen Talebi. Signed by Judge Donald M. Middlebrooks on 4/27/2022. (kal) (Entered: 04/27/2022)

2022-04-27

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ORDER GRANTING JOINT 44 MOTION FORSTIPULATED E-DISCOVERY ORDER. Signed by Judge Donald M. Middlebrooks on 4/27/2022. See attached document for full details. (lbc) (Entered: 04/27/2022)

2022-04-27

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Order on Motion to Appear Pro Hac Vice

2022-04-27

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RESPONSE in Opposition re 42 Plaintiff's MOTION to Stay Pending Ruling on Dispositive Motion for Judgment on the Pleadings filed by GreatGigz Solutions, LLC. Replies due by 5/10/2022. (Kesten, Marc) (Entered: 05/03/2022)

2022-05-03

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Plaintiff's REPLY to Response to Motion re 42 Plaintiff's MOTION to Stay Pending Ruling on Dispositive Motion for Judgment on the Pleadings - Reply in Support of Motion to Stay filed by Maplebear Inc.. (Barnett, Eleanor) (Entered: 05/03/2022)

2022-05-03

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ORDER Granting 42 Motion to Stay. Discovery and all further deadlines contained in the Pretrial Scheduling Order (DE 35) are STAYED until the Court rules on Plaintiffs Motion for Judgment on the Pleadings. (DE 34). Signed by Judge Donald M. Middlebrooks on 5/4/2022. See attached document for full details. (cds) (Entered: 05/04/2022)

2022-05-04

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PAPERLESS ORDER CLARIFYING ORDER GRANTING MOTION TO STAY. My Order Granting Plaintiff's Motion to Stay provided that "[d]iscovery and all further deadlines contained in the Pretrial Scheduling Order (DE 35 ) are STAYED until the Court rules on Plaintiff's Motion for Judgment on the Pleadings." (DE 52 ). The Parties are advised that this includes the Claim Construction Hearing scheduled for May 25, 2022, which is therefore cancelled. Signed by Judge Donald M. Middlebrooks on 5/10/2022. (kal) (Entered: 05/10/2022)

2022-05-10

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~Util - Set/Reset Hearings AND - Order (PAPERLESS or pdf attached)

2022-05-10

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NOTICE by GreatGigz Solutions, LLC re 36 Response in Opposition to Motion, 34 Plaintiff's MOTION for Judgment on the Pleadings (Attachments: # 1 Exhibit A) (Kesten, Marc) (Entered: 06/28/2022)

2022-06-28

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CLERK'S NOTICE re Zoom Info for Settlement Conference before Judge Matthewman on Monday, July 11, 2022 at 10:00 a.m.: To log in through ZoomGov Meeting, use Meeting ID: 160 054 2819 Passcode: 163600. (kza) (Entered: 07/01/2022)

2022-07-01

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Joint MOTION to Stay re 38 Order Setting/Cancelling Hearing, Settlement Conference by GreatGigz Solutions, LLC. Responses due by 7/15/2022 (Attachments: # 1 Text of Proposed Order)(Kesten, Marc) (Entered: 07/01/2022)

2022-07-01

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Clerk's Notice (Other) with Optional Ad Hoc NEF

2022-07-01

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PAPERLESS ORDER granting 56 the parties' Joint Motion to Suspend Settlement Conference. The settlement conference currently scheduled for July 11, 2022, is hereby CANCELED. Once the Court enters an order on the pending Motion for Judgment of Invalidity on the Pleadings [DE 34], and if the case is not fully disposed of at that point, the parties shall contact the chambers of the Undersigned at matthewman@flsd.uscourts.gov within 5 days of the issuance of the order to re-schedule the settlement conference. Signed by Magistrate Judge William Matthewman on 7/5/2022. (no00) (Entered: 07/05/2022)

2022-07-05

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Order on Motion to Stay

2022-07-05

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~Util - Terminate Deadlines and Hearings

2022-07-20

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Pursuant to the Order Granting Motion to Stay 52, The Calendar Call set for September 12, 2022 and the Trial set for September 26, 2022 are CANCELLED. (gm1)

2022-07-20

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Notice of Supplemental Authority re 36 Response in Opposition to Motion, 34 Plaintiff's MOTION for Judgment on the Pleadings by GreatGigz Solutions, LLC (Kesten, Marc) (Entered: 08/17/2022)

2022-08-17

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Notice of Supplemental Authority re 36 Response in Opposition to Motion, 34 Plaintiff's MOTION for Judgment on the Pleadings by GreatGigz Solutions, LLC (Kesten, Marc) (Entered: 08/17/2022)

2022-08-17

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Joint MOTION to Stay by GreatGigz Solutions, LLC. Responses due by 10/12/2022 (Attachments: # 1 Text of Proposed Order)(Kesten, Marc) (Entered: 09/28/2022)

2022-09-28

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Notice of Supplemental Authority re 34 Plaintiff's MOTION for Judgment on the Pleadings by GreatGigz Solutions, LLC (Kesten, Marc) (Entered: 09/29/2022)

2022-09-29

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PAPERLESS ORDER SETTING DEADLINE FOR THE PARTIES TO FILE CLOSING DOCUMENTS AND DENYING AS MOOT 60 JOINT MOTION TO STAY. The Parties have filed a "Joint Motion to Stay" (DE 60 ), advising that they have "reached an agreement, in principle, to resolve this matter." The Court congratulates the Parties on their amicable resolution of this case. I note that the deadlines set forth in the Pretrial Scheduling Order have already been stayed. (DE 52 ). Therefore the Motion to Stay this case for 30 days is denied as moot. With respect to the Parties' request for 30 days to file closing documents, that request is denied, as the Parties fail to explain why such a prolonged period of time is necessary. Rather it is my practice, consistent with the instructions set forth in the Pretrial Scheduling Order, for closing documents to be filed within 10 days. (See DE 35 at 6). The Parties are therefore directed to file a joint stipulation of dismissal no later than October 10, 2022. The Parties are advised that I will retain jurisdiction to enforce the terms of their settlement agreement if doing so would avoid any need for delay in submitting their dismissal documents. To accomplish this, the Parties may make such a request via motion prior to the filing of a self-executing stipulation of dismissal, or they may make the request contemporaneous with a conditionally-worded joint stipulation of dismissal. Signed by Judge Donald M. Middlebrooks on 9/29/2022. (kal) (Entered: 09/29/2022)

2022-09-29

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Order on Motion to Stay

2022-09-29

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Agreed MOTION for Extension of Time for the Parties to file the appropriate closing documents up through and including October 25, 2022. re 62 Order on Motion to Stay,,,,,, by Maplebear Inc.. Responses due by 10/25/2022 (Attachments: # 1 Text of Proposed Order)(Barnett, Eleanor) (Entered: 10/11/2022)

2022-10-11

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PAPERLESS ORDER granting 63 Joint Motion for Extension of Time. The Parties seek a 15-day extension of time to file closing documents. In support, the Parties contend that they are also in the process of resolving several other related lawsuits. Good cause having been shown, I will grant the motion and extend the deadline to file closing documents to October 25, 2022. Signed by Judge Donald M. Middlebrooks on 10/14/2022. (kal) (Entered: 10/14/2022)

2022-10-14

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Order on Motion for Extension of Time

2022-10-14

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Agreed MOTION for Extension of Time to File Appropriate Closing Documents to Comply with Paperless Court Order Setting Deadline to File Closing Documents [ECF No. 62] re 62 Order on Motion to Stay,,,,,, by Maplebear Inc.. Responses due by 11/8/2022 (Barnett, Eleanor) (Entered: 10/25/2022)

2022-10-25

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PAPERLESS ORDER GRANTING 65 SECOND JOINT MOTION FOR EXTENSION OF TIME TO FILE CLOSING DOCUMENTS. The Parties seek a 14-day extension of time to file closing documents. In support, the Parties contend that additional time is needed due to the Parties' simultaneous efforts to resolve other, related lawsuits in the Western District of Texas. Good cause having been shown, I will grant the motion and extend the deadline to file closing documents from October 25, 2022, to November 8, 2022. However, given that this is the second motion seeking an extension on the same grounds, the Parties are advised that I will be strongly disinclined to extend this deadline any further. Signed by Judge Donald M. Middlebrooks on 10/26/2022. (kal) (Entered: 10/26/2022)

2022-10-26

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Order on Motion for Extension of Time

2022-10-26

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Joint MOTION to Dismiss 1 Complaint, 22 Answer to Complaint, Counterclaim by GreatGigz and by Maplebear Inc.. Responses due by 11/30/2022 (Attachments: # 1 Text of Proposed Order Proposed Order)(Barnett, Eleanor) (Entered: 11/16/2022)

2022-11-16

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ORDER GRANTING STIPULATED MOTION FOR DISMISSAL AND CLOSING CASE Dismissing Case. Closing Case. (Without Prejudice) Signed by Judge Donald M. Middlebrooks on 11/21/2022. See attached document for full details. (scn) (Entered: 11/22/2022)

2022-11-21

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FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Attachments: # 1 Order at DE#68) (scn) (Entered: 11/22/2022)

2022-11-22

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Overview

Parties

Defendant

GreatGigz Solutions, LLC Follow

Represented By

Plaintiff

Maplebear Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Summons Issued as to GreatGigz Solutions, LLC. (pcs) (Entered: 10/29/2021)

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (pcs) (Entered: 10/29/2021)

Plaintiff's Corporate Disclosure Statement by Maplebear Inc. (Barnett, Eleanor) (Entered: 10/29/2021)

Bar Letter re: Admissions sent to attorney Neil J. McNabnay, Ricardo J. Bonilla, Lance E. Wyatt, Adil A. Shaikh, mailing date October 29, 2021, (pt) (Entered: 10/29/2021)

Clerk's Notice of Judge Assignment and Optional Consent

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

WAIVER OF SERVICE Returned Executed by Maplebear Inc.. GreatGigz Solutions, LLC waiver sent on 11/15/2021, response/answer due 1/14/2022. (Barnett, Eleanor) (Entered: 11/15/2021)

Order on Motion for Extension of Time to File Response/Reply/Answer

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Terminated Scheduling Conference set for 1/26/2022. Signed by Judge Donald M. Middlebrooks on 1/13/2022. (kal)

Scheduling Conference set for 2/16/2022 11:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 1/13/2022. (kal)

PAPERLESS ORDER granting 16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rene A. Vazquez. Signed by Judge Donald M. Middlebrooks on 1/19/2022. (kal) (Entered: 01/19/2022)

Order on Motion to Appear Pro Hac Vice

MOTION Motion to Transfer by GreatGigz Solutions, LLC. (Attachments: # 1 Text of Proposed Order [Proposed] Order)(Kesten, Marc) (Entered: 01/28/2022)

Amended MOTION Amended Motion to Transfer by GreatGigz Solutions, LLC. (Attachments: # 1 Text of Proposed Order)(Kesten, Marc) (Entered: 01/28/2022)

PAPERLESS ORDER denying as moot 18 Motion to Transfer. In light of Defendant's Amended Motion to Transfer (DE 19 ), Defendant's first-filed Motion to Transfer (DE 18 ) is denied as moot. Signed by Judge Donald M. Middlebrooks on 1/31/2022. (kal) (Entered: 01/31/2022)

Order on Motion for Miscellaneous Relief

MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by GreatGigz Solutions, LLC. (Attachments: # 1 Text of Proposed Order)(Kesten, Marc) (Entered: 02/01/2022)

ANSWER and Affirmative Defenses to Complaint with Jury Demand, COUNTERCLAIM against Maplebear Inc. by GreatGigz Solutions, LLC. (Kesten, Marc) (Entered: 02/01/2022)

Joint SCHEDULING REPORT - Rule 26(f) by Maplebear Inc. (Attachments: # 1 Text of Proposed Order)(Barnett, Eleanor) (Entered: 02/02/2022)

NOTICE of Change of Address, Email or Law Firm Name by Eleanor Trotman Barnett (Barnett, Eleanor) (Entered: 02/02/2022)

Order on Motion for Extension of Time to File Response/Reply/Answer

ORDER ON SCHEDULING CONFERENCE Signed by Judge Donald M. Middlebrooks on 2/3/2022. See attached document for full details. (pcs) (Entered: 02/04/2022)

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NOTICE TO THE PARTIES: The Scheduling Conference set for 2/16/2022 at 11:00 AM in West Palm Beach Division will be held VIA VIDEOCONFERENCING before Judge Donald M. Middlebrooks. The Courtroom Deputy will email the videoconferencing information to counsel. (gm1)

RESPONSE in Opposition re 19 Amended MOTION Amended Motion to Transfer filed by Maplebear Inc.. Replies due by 2/18/2022. (Barnett, Eleanor) (Entered: 02/11/2022)

Counterclaim Defendant Maplebear Inc., d/b/a Instacart's ANSWER to Counterclaim by Maplebear Inc.. (Barnett, Eleanor) (Entered: 02/16/2022)

ORDER DENYING MOTION TO TRANSFER denying 19 Motion to Transfer. Signed by Judge Donald M. Middlebrooks on 2/16/2022. See attached document for full details. (pcs) (Entered: 02/17/2022)

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Scheduling Conference

Joint SCHEDULING REPORT - Rule 16.1 by Maplebear Inc. (Barnett, Eleanor) (Entered: 02/23/2022)

Plaintiff's MOTION for Judgment on the Pleadings by Maplebear Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Barnett, Eleanor) (Entered: 03/18/2022)

RESPONSE in Opposition re 34 Plaintiff's MOTION for Judgment on the Pleadings filed by GreatGigz Solutions, LLC. Replies due by 4/8/2022. (Kesten, Marc) (Entered: 04/01/2022)

ORDER REFERRING CASE TO MAGISTRATE JUDGE AND CLARIFYING RECORD, referring case to Magistrate Judge William Matthewman with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 4/4/2022. See attached document for full details. (pcs) (Entered: 04/05/2022)

ORDER SCHEDULING SETTLEMENT CONFERENCE VIA ZOOM VTC Settlement Conference set for 7/11/2022 10:00 AM before Magistrate Judge William Matthewman. Signed by Magistrate Judge William Matthewman on 4/6/2022. See attached document for full details. (pcs) (Entered: 04/06/2022)

Plaintiff's REPLY to Response to Motion re 34 Plaintiff's MOTION for Judgment on the Pleadings Plaintiff's Reply in Support of Its Rule 12(c) Motion for Judgment of Invalidity on the Pleadings filed by Maplebear Inc.. (Attachments: # 1 Exhibit Exhibit A)(Barnett, Eleanor) (Entered: 04/08/2022)

Joint MOTION for Protective Order by Maplebear Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Barnett, Eleanor) (Entered: 04/13/2022)

ORDER GRANTING JOINT MOTION FOR STIPULATED PROTECTIVE ORDER granting 40 Motion for Protective Order. Signed by Judge Donald M. Middlebrooks on 4/19/2022. See attached document for full details. (pcs) (Entered: 04/19/2022)

Plaintiff's MOTION to Stay Pending Ruling on Dispositive Motion for Judgment on the Pleadings by Maplebear Inc.. Responses due by 5/3/2022 (Barnett, Eleanor) (Entered: 04/19/2022)

NOTICE by GreatGigz Solutions, LLC (Attachments: # 1 Memorandum Claims Construction Brief) (Kesten, Marc) (Entered: 04/20/2022)

Joint MOTION for Stipulated E-Discovery Order by Maplebear Inc.. (Barnett, Eleanor) (Entered: 04/25/2022)

NOTICE by Maplebear Inc. re 44 Joint MOTION for Stipulated E-Discovery Order, 45 Order,, Set/Reset Deadlines, Notice of Filing Proposed E-Discovery Order (Attachments: # 1 Text of Proposed Order Proposed Order) (Barnett, Eleanor) (Entered: 04/26/2022)

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PAPERLESS ORDER granting 46 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rodeen Talebi. Signed by Judge Donald M. Middlebrooks on 4/27/2022. (kal) (Entered: 04/27/2022)

ORDER GRANTING JOINT 44 MOTION FORSTIPULATED E-DISCOVERY ORDER. Signed by Judge Donald M. Middlebrooks on 4/27/2022. See attached document for full details. (lbc) (Entered: 04/27/2022)

Order on Motion to Appear Pro Hac Vice

RESPONSE in Opposition re 42 Plaintiff's MOTION to Stay Pending Ruling on Dispositive Motion for Judgment on the Pleadings filed by GreatGigz Solutions, LLC. Replies due by 5/10/2022. (Kesten, Marc) (Entered: 05/03/2022)

Plaintiff's REPLY to Response to Motion re 42 Plaintiff's MOTION to Stay Pending Ruling on Dispositive Motion for Judgment on the Pleadings - Reply in Support of Motion to Stay filed by Maplebear Inc.. (Barnett, Eleanor) (Entered: 05/03/2022)

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NOTICE by GreatGigz Solutions, LLC re 36 Response in Opposition to Motion, 34 Plaintiff's MOTION for Judgment on the Pleadings (Attachments: # 1 Exhibit A) (Kesten, Marc) (Entered: 06/28/2022)

CLERK'S NOTICE re Zoom Info for Settlement Conference before Judge Matthewman on Monday, July 11, 2022 at 10:00 a.m.: To log in through ZoomGov Meeting, use Meeting ID: 160 054 2819 Passcode: 163600. (kza) (Entered: 07/01/2022)

Joint MOTION to Stay re 38 Order Setting/Cancelling Hearing, Settlement Conference by GreatGigz Solutions, LLC. Responses due by 7/15/2022 (Attachments: # 1 Text of Proposed Order)(Kesten, Marc) (Entered: 07/01/2022)

Clerk's Notice (Other) with Optional Ad Hoc NEF

Order on Motion to Stay

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Pursuant to the Order Granting Motion to Stay 52, The Calendar Call set for September 12, 2022 and the Trial set for September 26, 2022 are CANCELLED. (gm1)

Notice of Supplemental Authority re 36 Response in Opposition to Motion, 34 Plaintiff's MOTION for Judgment on the Pleadings by GreatGigz Solutions, LLC (Kesten, Marc) (Entered: 08/17/2022)

Notice of Supplemental Authority re 36 Response in Opposition to Motion, 34 Plaintiff's MOTION for Judgment on the Pleadings by GreatGigz Solutions, LLC (Kesten, Marc) (Entered: 08/17/2022)

Joint MOTION to Stay by GreatGigz Solutions, LLC. Responses due by 10/12/2022 (Attachments: # 1 Text of Proposed Order)(Kesten, Marc) (Entered: 09/28/2022)

Notice of Supplemental Authority re 34 Plaintiff's MOTION for Judgment on the Pleadings by GreatGigz Solutions, LLC (Kesten, Marc) (Entered: 09/29/2022)

Order on Motion to Stay

Order on Motion for Extension of Time

Agreed MOTION for Extension of Time to File Appropriate Closing Documents to Comply with Paperless Court Order Setting Deadline to File Closing Documents [ECF No. 62] re 62 Order on Motion to Stay,,,,,, by Maplebear Inc.. Responses due by 11/8/2022 (Barnett, Eleanor) (Entered: 10/25/2022)

Order on Motion for Extension of Time

Joint MOTION to Dismiss 1 Complaint, 22 Answer to Complaint, Counterclaim by GreatGigz and by Maplebear Inc.. Responses due by 11/30/2022 (Attachments: # 1 Text of Proposed Order Proposed Order)(Barnett, Eleanor) (Entered: 11/16/2022)

ORDER GRANTING STIPULATED MOTION FOR DISMISSAL AND CLOSING CASE Dismissing Case. Closing Case. (Without Prejudice) Signed by Judge Donald M. Middlebrooks on 11/21/2022. See attached document for full details. (scn) (Entered: 11/22/2022)

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Attachments: # 1 Order at DE#68) (scn) (Entered: 11/22/2022)

GreatGigz Solutions, LLC

Maplebear Inc.