mCom IP, LLC v. Everbank, N.A.

3:23-cv-00975

Overview

Case Number 3:23-cv-00975

Filing Date 2023-08-18

Status Terminated

Termination Date 2024-01-09

Court District Court, M.D. Florida (flmd)

Presiding Judge Wendy W. Berger

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 15:1126 Patent Infringement

Jury Demand Plaintiff

Parties

Everbank, N.A.

4 Attorneys Listed

Balch & Bingham LLP

Tel: +1 (205) 251-8100

1901 6th Ave North, Suite 1500

Balch & Bingham LLP

Tel: +1 (205) 251-8100

1901 6th Ave North, Suite 1500

Balch & Bingham

Tel: +1 (904) 348-6876

Balch & Bingham, One Independent Drive

Balch & Bingham

Tel: +1 (904) 348-6875

Balch & Bingham, 50 N Laura Street

mCom IP, LLC

1 Attorneys Listed

Law Office of Victoria E. Brieant, P.A.

Tel: +1 (305) 421-7200

Fax: +1 (305) 418-7547

4000 Ponce de Leon Blvd., Suite 470, Coral Gables, FL 33146

District Court, M.D. Florida (flmd)

Presiding Judge

Wendy W. Berger

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

mCom IP, LLC v. Everbank, N.A.

Overview

Parties

Defendant

Everbank, N.A. Follow

Represented By

Plaintiff

mCom IP, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

PROPOSED summons to be issued by MCOM IP, LLC. (Brieant, Victoria) (Entered: 08/18/2023)

NEW CASE ASSIGNED to Judge Brian J. Davis and Magistrate Judge Laura Lothman Lambert. New case number: 3:23-cv-975-BJD-LLL. (NAS) (Entered: 08/18/2023)

Case Assigned/Reassigned

Patent Report sent to Alexandria, VA. (ABC) (Entered: 08/21/2023)

SUMMONS issued as to Everbank, N.A. (ABC) (Entered: 08/21/2023)

RETURN of service executed on 08/23/2023 by mCom IP, LLC as to Everbank, N.A. (Brieant, Victoria) Modified on 8/24/2023 to edit docket text (AJS). (Entered: 08/23/2023)

Notice to Counsel of Local Rule

NOTICE of Lead Counsel Designation by Victoria Elisabeth Brieant on behalf of mCom IP, LLC. Lead Counsel: Victoria Elisabeth Brieant. (Brieant, Victoria) (Entered: 09/07/2023)

CERTIFICATE of interested persons and corporate disclosure statement by mCom IP, LLC. (Brieant, Victoria) (Entered: 09/08/2023)

NOTICE of Appearance by Geremy Walden Gregory on behalf of Everbank, N.A. (Gregory, Geremy) (Entered: 09/11/2023)

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by Everbank, N.A.. (Gregory, Geremy) Motions referred to Magistrate Judge Laura Lothman Lambert. (Entered: 09/12/2023)

ENDORSED ORDER granting doc. 11 Unopposed Motion for Extension of Time to File Responsive Pleading; defendant shall respond to the complaint on or before October 4, 2023. Signed by Magistrate Judge Laura Lothman Lambert on 9/13/2023. (KAS) (Entered: 09/13/2023)

Set deadlines: for Everbank, N.A. Answer due by 10/4/2023. (SPM)

Set/reset deadlines/hearings-PUBLIC

Order on Motion for Extension of Time to Answer

Notice to Counsel of Local Rule

MOTION to Dismiss Complaint for Patent Infringement by Everbank, N.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Gregory, Geremy). Modified on 10/5/2023 to edit text (ABC). (Entered: 10/04/2023)

SUPPLEMENT re 14 MOTION to Dismiss Complaint for Patent Infringement by Everbank, N.A. (Gregory, Geremy) Modified text on 10/10/2023 (MCB). (Entered: 10/09/2023)

MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss Complaint for Patent Infringement by mCom IP, LLC. (Brieant, Victoria) Motions referred to Magistrate Judge Laura Lothman Lambert. (Entered: 10/25/2023)

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

MEMORANDUM in opposition re 14 Motion to Dismiss, 15 Supplement filed by mCom IP, LLC. (Brieant, Victoria) (Entered: 11/01/2023)

AMENDED COMPLAINT For Patent Infringement against Everbank, N.A. with Jury Demand. Filed by mCom IP, LLC. (Attachments: # 1 Exhibit A, '508 Patent, # 2 Exhibit B, Preliminary Exemplary Table)(Brieant, Victoria) Modified text on 11/2/2023 (GL). (Entered: 11/01/2023)

MOTION for Leave to File Other Document: Reply Brief in Support of Motion to Dismiss by Everbank, N.A. (Gregory, Geremy) Modified text on 11/9/2023 (GL). (Entered: 11/08/2023)

Notice to Counsel of Local Rule

Unopposed MOTION for Marcus R. Chatterton to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21460556 for $150 by Everbank, N.A.. (Gregory, Geremy) Motions referred to Magistrate Judge Laura Lothman Lambert. (Entered: 11/14/2023)

Unopposed MOTION for James T. Dawkins to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21460574 for $150 by Everbank, N.A.. (Gregory, Geremy) Motions referred to Magistrate Judge Laura Lothman Lambert. (Entered: 11/14/2023)

MOTION to Dismiss Amended Complaint by Everbank, N.A.. (Attachments: # 1 Exhibit)(Gregory, Geremy) (Entered: 11/15/2023)

MOTION to Dismiss Amended Complaint by Everbank, N.A.. (Attachments: # 1 Exhibit)(Gregory, Geremy) (Entered: 11/15/2023)

SUPPLEMENT re 26 MOTION to Dismiss Amended Complaint by Everbank, N.A.. (Gregory, Geremy) (Entered: 11/16/2023)

ENDORSED ORDER: In light of 20 Plaintiff's First Amended Complaint, 14 Defendant's Motion to Dismiss and 21 Defendant's Motion to Reply are DENIED AS MOOT. Signed by Judge Brian J. Davis on 11/17/2023. (AMP) (Entered: 11/17/2023)

Order on Motion for Leave to File Document AND Order on Motion to Dismiss

MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Dismiss Amended Complaint by mCom IP, LLC. (Brieant, Victoria) Motions referred to Magistrate Judge Laura Lothman Lambert. (Entered: 12/06/2023)

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

Second MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Dismiss Amended Complaint to Friday, December 15, 2023 by mCom IP, LLC. (Brieant, Victoria) Motions referred to Magistrate Judge Laura Lothman Lambert. (Entered: 12/13/2023)

RESPONSE TO 26 Motion to Amended Dismiss filed by mCom IP, LLC. (Brieant, Victoria) Modified text on 12/18/2023 (BD). (Entered: 12/15/2023)

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

Case Reassigned to Judge Wendy W. Berger. New case number: 3:23-cv-975-WWB-LLL. Senior Judge Brian J. Davis no longer assigned to the case. (AET) (Entered: 01/03/2024)

Case Assigned/Reassigned

ORDER dismissing case without prejudice for failure to file a case management report within the time prescribed by Local Rule 3.02. The Clerk is directed to terminate all pending motions and close this case. Signed by Judge Wendy W. Berger on 1/9/2024. (CKS) (Entered: 01/09/2024)

Patent Report electronically sent to the U.S. Patent and Trademark Office. (ARL) (Entered: 01/10/2024)

NOTICE of voluntary dismissal by mCom IP, LLC (Brieant, Victoria) (Entered: 02/06/2024)

Track Case Updates

Everbank, N.A.

mCom IP, LLC