RAPTOR LLC v. Construct Group Corp.
1:15-cv-23390
Overview
Case Number
1:15-cv-23390
Filing Date
2015-09-08
Status
Terminated
Termination Date
2016-01-13
Court
District Court, S.D. Florida (flsd)
Presiding Judge
K. Michael Moore
Nature of Suit
830 Patent
Jurisdiction Type
Federal Question
Cause of Action
35:0271 Patent Infringement
Jury Demand
Defendant
Parties
Defendant
Plaintiff
Court & Judges
Court
District Court, S.D. Florida (flsd)
Presiding Judge
K. Michael Moore
Patents Involved
No asserted patent numbers detected in initial docket filings yet.
Docket Entries
COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-8062153, filed by Raptor LLC and Concrete Services, LLC. (Faro, John) Modified text on 9/8/2015 (ar2). (Entered: 09/08/2015)
2015-09-08
1
Judge Assignment to Chief Judge K. Michael Moore (ar2) (Entered: 09/08/2015)
2015-09-08
1
Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (ar2) (Entered: 09/08/2015)
2015-09-08
1
Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (ar2) (Entered: 09/08/2015)
2015-09-08
1
FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (ar2) (Entered: 09/08/2015)
2015-09-08
1
NOTICE by RAPTOR LLC re 1 Complaint Civil Cover Sheet for Complaint (Faro, John) (Entered: 09/08/2015)
2015-09-08
1
NOTICE of Filing Proposed Summons(es) by RAPTOR LLC re 1 Complaint filed by RAPTOR LLC (Attachments: # 1 Summon(s) Summons for Construct Group Corp, # 2 Summon(s) Summons for Queseda) (Faro, John) (Entered: 09/08/2015)
2015-09-08
1
Clerks Notice of Docket Correction - ELECTRONIC CASE
2015-09-08
1
No Actions
Judge Assignment
2015-09-08
1
No Actions
Summons Issued as to Construct Group Corp., Juan C. Queseda, Jr. (ar2) (Entered: 09/09/2015)
2015-09-09
1
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 120 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 9/9/2015. (mg00) (Entered: 09/09/2015)
2015-09-09
1
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE CHRIS M. MCALILEY. PURSUANT to 28 U.S.C. ยง 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Chris M. McAliley to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Chris M. McAlileys discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge McAliley, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 9/9/2015. (mg00) (Entered: 09/09/2015)
2015-09-09
1
Order Referring Case to Judge
2015-09-09
1
No Actions
Pretrial Order
2015-09-09
1
No Actions
SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by CONCRETE SERVICES LLC. Construct Group Corp. served on 9/14/2015, answer due 10/5/2015. (pes) (Entered: 10/01/2015)
2015-10-01
1
SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by RAPTOR LLC, CONCRETE SERVICES LLC. Juan C. Queseda, Jr served on 9/30/2015, answer due 10/21/2015. (pes) (Entered: 10/01/2015)
2015-10-01
1
NOTICE of Attorney Appearance by Joseph Robert Englander on behalf of Construct Group Corp., Juan C. Queseda, Jr. Attorney Joseph Robert Englander added to party Construct Group Corp.(pty:dft), Attorney Joseph Robert Englander added to party Juan C. Queseda, Jr(pty:dft). (Englander, Joseph) (Entered: 10/05/2015)
2015-10-05
1
Agreed MOTION for Extension of Time Proposed Order re 1 Complaint by Construct Group Corp., Juan C. Queseda, Jr. Responses due by 10/22/2015 (Attachments: # 1 Text of Proposed Order Extension to 10/15/15)(Englander, Joseph) (Entered: 10/05/2015)
2015-10-05
1
PAPERLESS ORDER. This cause is before the Court on 14 the Defendants' Agreed Motion for Extension of Time. Upon consideration of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ordered and adjudged that the 14 Motion for Extension of Time is granted. The Defendants have until October 15, 2015, to respond to the Complaint. Signed by Chief Judge K. Michael Moore on 10/7/2015. (mg00) (Entered: 10/07/2015)
2015-10-07
1
Order on Motion for Extension of Time
2015-10-07
1
No Actions
NOTICE of Attorney Appearance by Stephen Bernard Gillman on behalf of Construct Group Corp., Juan C. Queseda, Jr. Attorney Stephen Bernard Gillman added to party Construct Group Corp.(pty:dft), Attorney Stephen Bernard Gillman added to party Juan C. Queseda, Jr(pty:dft). (Gillman, Stephen) (Entered: 10/08/2015)
2015-10-08
1
Reset Answer Due Deadline: Construct Group Corp. response due 10/15/2015; Juan C. Queseda, Jr response due 10/15/2015. SEE DE 15 ORDER (ail)
2015-10-08
1
No Actions
ANSWER and Affirmative Defenses to Complaint with Jury Demand, COUNTERCLAIM against RAPTOR LLC by Juan C. Queseda, Jr, Construct Group Corp.. (Englander, Joseph) (Entered: 10/15/2015)
2015-10-15
1
RESPONSE/REPLY to 17 Answer to Complaint, Counterclaim Response to Counterclaim by RAPTOR LLC. (Faro, John) (Entered: 10/17/2015)
2015-10-17
1
SCHEDULING REPORT - Rule 26(f) by Construct Group Corp., Juan C. Queseda, Jr (Attachments: # 1 Text of Proposed Order Joint Scheduling Order)(Englander, Joseph) (Entered: 11/06/2015)
2015-11-06
1
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two week trial period of July 25, 2016, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on July 21, 2016, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for July 12, 2016 at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Final Pretrial Conference set for 7/12/2016 11:00 AM in Miami Division before Chief Judge K. Michael Moore. Jury Trial set for 7/25/2016 09:00 AM in Miami Division before Chief Judge K. Michael Moore. Calendar Call set for 7/21/2016 02:00 PM in Miami Division before Chief Judge K. Michael Moore. Signed by Chief Judge K. Michael Moore on 11/9/2015. (dkn) Modified status/text from "Bench Trial" to "Jury Trial" per Chambers on 11/9/2015 (sk). (Entered: 11/09/2015)
2015-11-09
1
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two week trial period beginning July 25, 2016, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. A place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties shall be established. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Mediation Deadline 5/6/2016. Signed by Chief Judge K. Michael Moore on 11/9/2015. (dkn) Modified status/text indicating that trial was set for May 6, 2016 to trial being set on July 25, 2016 per Chambers on 11/9/2015 (sk). (Entered: 11/09/2015)
2015-11-09
1
Clerks Notice of Docket Correction per Chambers re 20 Scheduling Order - Modified status/text from "Bench Trial" to "Jury Trial", 21 Order Referring Case to Mediation - Modified status/text indicating that trial was set for May 6, 2016 to trial being set on July 25, 2016. (sk) (Entered: 11/09/2015)
2015-11-09
1
Order Referring Case to Mediation
2015-11-09
1
No Actions
Scheduling Order
2015-11-09
1
No Actions
NOTICE by RAPTOR LLC Notice of Service Rule 26 Initial Disclosures (Faro, John) (Entered: 11/13/2015)
2015-11-13
1
NOTICE by RAPTOR LLC Plaintiffs' Notice of Service of Contention Interrogatories Upon Construct Group Corp (Faro, John) (Entered: 11/19/2015)
2015-11-19
1
NOTICE of Mediator Selection: Brian F. Spector selected. Filed/Added by RAPTOR LLC, Spector F Brian. (Faro, John) (Entered: 11/30/2015)
2015-11-30
1
Plaintiff's MOTION for Protective Order With Respect to Defendants' Discovery Requests by RAPTOR LLC, Concrete Services LLC. (Faro, John) Modified to add filer on 12/28/2015 (asl). (Entered: 12/23/2015)
2015-12-23
1
ORDER Setting Discovery Conference on 26 Plaintiff's MOTION for Protective Order for 1/7/2016 11:00 AM in Miami Division before Magistrate Judge Chris M. McAliley. Response due no later than noon on 1/5/2016. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Chris M. McAliley on 12/30/2015. (rms) (Entered: 12/30/2015)
2015-12-30
1
Defendant's MOTION to Compel Initial Disclosure of Damages and Memorandum of Law by Construct Group Corp., Juan C. Queseda, Jr. Attorney Janelle Alicia Weber added to party Construct Group Corp.(pty:dft), Attorney Janelle Alicia Weber added to party Juan C. Queseda, Jr(pty:dft). Responses due by 1/19/2016 (Attachments: # 1 Exhibit A)(Weber, Janelle) (Entered: 12/31/2015)
2015-12-31
1
NOTICE of Filing Discovery: Rule 26 Initial Disclosure (Supplemented) by RAPTOR LLC.(Faro, John) (Entered: 01/04/2016)
2016-01-04
1
RESPONSE in Opposition re 26 Plaintiff's MOTION for Protective Order With Respect to Defendants' Discovery Requests filed by Construct Group Corp., Juan C. Queseda, Jr. Replies due by 1/15/2016. (Attachments: # 1 Exhibit A)(Weber, Janelle) (Entered: 01/05/2016)
2016-01-05
1
Defendant's MOTION to Compel Defendants' Motion to Compel Discovery Responses and Privilege Log and Memorandum of Law by Construct Group Corp.. Responses due by 1/25/2016 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Gillman, Stephen) (Entered: 01/06/2016)
2016-01-06
1
NOTICE of Change of Address by Joseph Robert Englander (Englander, Joseph) (Entered: 01/06/2016)
2016-01-06
1
NOTICE of Attorney Appearance by Joseph Robert Englander on behalf of Construct Group Corp., Juan C. Queseda, Jr (Englander, Joseph) (Entered: 01/06/2016)
2016-01-06
1
NOTICE of Settlement by RAPTOR LLC (Faro, John) (Entered: 01/07/2016)
2016-01-07
1
PAPERLESS ORDER denying as moot 26 Motion for Protective Order; denying as moot 28 Motion to Compel; denying as moot 31 Motion to Compel, pursuant to the Notice of Tentative Settlement [DE 34]. Signed by Magistrate Judge Chris M. McAliley on 1/7/2016. (rms) (Entered: 01/07/2016)
2016-01-07
1
Order on Motion to Compel AND Order on Motion to Compel AND Order on Motion for Protective Order
2016-01-07
1
No Actions
PAPERLESS NOTICE OF COURT PRACTICE UPON NOTICE OF SETTLEMENT. THIS CAUSE came before the Court upon the Parties' Notice of Settlement 34 stating that the Parties have reached a tentative settlement. THE PARTIES are hereby directed to file a stipulation of dismissal of all claims signed by all parties pursuant to Rule 41(a), Fed. R. Civ. P., within twenty (20) days from the date of this Notice. If such papers are not filed within the time specified, this matter will be DISMISSED and the Court will be divested of jurisdiction to enforce the settlement agreement. The Clerk of the Court is instructed to administratively CLOSE this case. All pending motions are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 1/13/2016. (dkn) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 01/13/2016)
2016-01-13
1
Order Dismissing Case
2016-01-13
1
No Actions
Unopposed MOTION for Settlement Modify Order [DE 36] to Extend Negotiation Period by RAPTOR LLC. Responses due by 2/19/2016 (Faro, John) (Entered: 01/30/2016)
2016-01-30
1
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Unopposed Motion to Modify Court Order of January 13, 2016 37 . The Plaintiffs request an extension of time to file a stipulation of dismissal. UPON CONSIDERATION of the Unopposed Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the motion 37 is GRANTED. The Parties shall file a stipulation of dismissal on or before February 12, 2016. Signed by Chief Judge K. Michael Moore on 2/1/2016. (dkn) (Entered: 02/01/2016)
2016-02-01
1
Order on Motion for Settlement
2016-02-01
1
No Actions
STIPULATION of Dismissal Without Prejudice by Construct Group Corp., Juan C. Queseda, Jr (Englander, Joseph) (Entered: 02/11/2016)
2016-02-11
1
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Stipulation of Dismissal without Prejudice 39 . UPON CONSIDERATION of the Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITHOUT PREJUDICE, the Parties to bear their own costs and fees. The Clerk of Court is instructed to CLOSE this case. All pending motions are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 2/11/2016. (dkn) (Entered: 02/11/2016)
2016-02-11
1
Order Dismissing Case
2016-02-11
1
No Actions
FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (ar2) (Entered: 02/12/2016)
2016-02-12
1