Smith v. eBay Inc.

9:14-cv-80876

Overview

Case Number 9:14-cv-80876

Filing Date 2014-07-01

Status Terminated

Termination Date 2014-10-03

Court District Court, S.D. Florida (flsd)

Presiding Judge Donald M. Middlebrooks

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:0271 Patent Infringement

Jury Demand None

Parties

Defendant

eBay, Inc.

Represented By

2 Attorneys Listed

Bridget Ann Berry

Greenberg Traurig

Tel: +1 (561) 650-7900

Greenberg Traurig, Phillips Point - East Tower

Julie P. Bookbinder

Greenberg Traurig

Tel: +1 (212) 801-9200

Greenberg Traurig, 200 Park Avenue

Plaintiff

ST Machine Dist., LLC

Represented By

1 Attorneys Listed

Jonathan Ari Markhoff

Law Offices of Yoni Markhoff, PA

Tel: +1 (786) 463-4463

Fax: +1 (786) 364-1219

1108 Kane Concourse, Suite 206

Patrick Smith

Represented By

1 Attorneys Listed

Jonathan Ari Markhoff

Law Offices of Yoni Markhoff, PA

Tel: +1 (786) 463-4463

Fax: +1 (786) 364-1219

1108 Kane Concourse, Suite 206

eBay Inc.

Represented By

2 Attorneys Listed

Bridget Ann Berry

Greenberg Traurig

Tel: +1 (561) 650-7900

Greenberg Traurig, Phillips Point - East Tower

Julie P. Bookbinder

Greenberg Traurig

Tel: +1 (212) 801-9200

Greenberg Traurig, 200 Park Avenue

Court & Judges

Court

District Court, S.D. Florida (flsd)

Presiding Judge

Donald M. Middlebrooks

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-6873382, filed by Patrick Smith, ST Machine Dist., LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit)(Markhoff, Jonathan) (Entered: 07/01/2014)

2014-07-01

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COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-6873382, filed by Patrick Smith, ST Machine Dist., LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit)(Markhoff, Jonathan) (Entered: 07/01/2014)

2014-07-01

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COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-6873382, filed by Patrick Smith, ST Machine Dist., LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit)(Markhoff, Jonathan) (Entered: 07/01/2014)

2014-07-01

View

COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-6873382, filed by Patrick Smith, ST Machine Dist., LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit)(Markhoff, Jonathan) (Entered: 07/01/2014)

2014-07-01

Download

Smith v. eBay Inc.

Overview

Parties

Defendant

eBay, Inc. Follow

Represented By

Plaintiff

ST Machine Dist., LLC Follow

Represented By

Patrick Smith Follow

Represented By

eBay Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-6873382, filed by Patrick Smith, ST Machine Dist., LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit)(Markhoff, Jonathan) (Entered: 07/01/2014)

COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-6873382, filed by Patrick Smith, ST Machine Dist., LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit)(Markhoff, Jonathan) (Entered: 07/01/2014)

COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-6873382, filed by Patrick Smith, ST Machine Dist., LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit)(Markhoff, Jonathan) (Entered: 07/01/2014)

COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-6873382, filed by Patrick Smith, ST Machine Dist., LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit)(Markhoff, Jonathan) (Entered: 07/01/2014)

Judge Assignment to Senior Judge Kenneth L. Ryskamp and Magistrate Judge James M. Hopkins (ail) (Entered: 07/01/2014)

Summons Issued as to eBay Inc.. (ail) (Entered: 07/01/2014)

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (ail) (Entered: 07/03/2014)

ORDER OF RECUSAL. Senior Judge Kenneth L. Ryskamp recused. Case reassigned to Judge Donald M. Middlebrooks for all further proceedings. Signed by Senior Judge Kenneth L. Ryskamp on 7/8/2014. (jmd) (Entered: 07/08/2014)

CERTIFICATE OF SERVICE by ST Machine Dist., LLC, Patrick Smith re 3 Summons Issued (Markhoff, Jonathan) (Entered: 07/14/2014)

SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by Patrick Smith, ST Machine Dist., LLC. eBay Inc. served on 7/9/2014, answer due 7/30/2014. (see DE 6 for image) (tpl) (Entered: 07/15/2014)

Clerks Notice to Filer re 6 Certificate of Service. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#7]. It is not necessary to refile this document. (tpl) (Entered: 07/15/2014)

MOTION for Clerks Entry of Default as to eBay Inc. by Patrick Smith, ST Machine Dist., LLC. (Attachments: # 1 Affidavit Affidavit in Support)(Markhoff, Jonathan) (Entered: 07/30/2014)

NOTICE of Attorney Appearance by Bridget Ann Berry on behalf of eBay Inc., eBay, Inc.. Attorney Bridget Ann Berry added to party eBay Inc.(pty:dft), Attorney Bridget Ann Berry added to party eBay, Inc.(pty:dft). (Berry, Bridget) (Entered: 07/31/2014)

NOTICE of Attorney Appearance by Bridget Ann Berry on behalf of eBay, Inc. (Berry, Bridget) (Entered: 07/31/2014)

VACATED ORDER by Clerk of Entry of Default re 9 Motion for Clerks Entry of Default as to eBay Inc. Signed by DEPUTY CLERK on 7/31/2014. (tpl) Modified to vacate per DE 22 Order on 8/7/2014 (tpl). (Entered: 07/31/2014)

Defendant's MOTION for Extension of Time to File Answer RE: Complaints re 1 Complaint by eBay, Inc.. (Berry, Bridget) (Entered: 08/01/2014)

Unopposed MOTION for Leave for Attorney Hilarie Bass to Appear at Scheduling Conference Telephonically re 13 Order, Set/Reset Hearings,, by eBay Inc.. (Attachments: # 1 Text of Proposed Order)(Berry, Bridget) (Entered: 08/04/2014)

ORDER granting 16 Motion. Attorney Hilarie Bass may appear telephonically at the Scheduling Conference on August 7, 2014. The Court will call Ms. Bass at 305-579-0745 fifteen minutes prior to the conference. Signed by Judge Donald M. Middlebrooks on 8/5/2014. (jfn) (Entered: 08/05/2014)

Corporate Disclosure Statement by eBay Inc. (Berry, Bridget) (Entered: 08/05/2014)

SCHEDULING REPORT - Rule 16.1 by eBay, Inc. (Berry, Bridget) (Entered: 08/06/2014)

ORDER granting 15 Motion for Extension of Time to Answer RE: Complaints All Defendants. Answer due August 29, 2014. Signed by Judge Donald M. Middlebrooks on 8/7/2014. (jfn) (Entered: 08/07/2014)

Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Scheduling Conference held on 8/7/2014. Counsel for both sides present. Order to Follow. Court Reporter: Karl Shires, 561-514-3728 / Karl_Shires@flsd.uscourts.gov (gm1) (Entered: 08/07/2014)

ORDER granting 14 Motion to Vacate 12 Order on Motion for Clerks Entry of Default. Signed by Judge Donald M. Middlebrooks on 8/7/2014. (tpl) (Entered: 08/07/2014)

Defendant's MOTION for Extension of Time to File Answer RE: Complaints re 1 Complaint by eBay, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Berry, Bridget) (Entered: 08/22/2014)

ORDER granting 24 Motion for Extension of Time to Answer RE: Complaints All Defendants.. Signed by Judge Donald M. Middlebrooks on 8/25/2014. (jfn) (Entered: 08/25/2014)

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Julie P. Bookbinder. Filing Fee $ 75.00. Receipt # 3209. (ksa) (Entered: 08/27/2014)

ORDER granting 26 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Donald M. Middlebrooks on 8/28/2014. (tpl) (Entered: 08/29/2014)

Unopposed MOTION for Extension of Time to File Response/Reply as to 1 Complaint by eBay Inc.. (Attachments: # 1 Text of Proposed Order Order Granting Unopposed Motion for Extension of Time)(Berry, Bridget) (Entered: 09/04/2014)

ORDER granting 28 Defendant's Second Motion for Extension of Time to File Response to Complaint. Answer to Complaint due 9/15/2014. Signed by Judge Donald M. Middlebrooks on 9/5/2014. (tpl) (Entered: 09/08/2014)

Third MOTION for Extension of Time to Respond to Complaint Unopposed re 1 Complaint by eBay, Inc.. Responses due by 9/29/2014 (Attachments: # 1 Text of Proposed Order Order Granting Third Unopposed Motion for Extension of Time to Respond to Complaint)(Berry, Bridget) (Entered: 09/12/2014)

ENDORSED ORDER granting 30 Motion for Extension of Time. EBay, Inc. shall respond to Plaintiffs' Complaint by September 29, 2014. No further extensions will be granted. Signed by Judge Donald M. Middlebrooks on 9/22/2014. (kcr) (Entered: 09/22/2014)

MOTION for Discovery by ST Machine Dist., LLC, Patrick Smith. Responses due by 10/17/2014 (Markhoff, Jonathan) (Entered: 09/29/2014)

WITHDRAWAL of Motion by ST Machine Dist., LLC, Patrick Smith re 32 MOTION for Discovery filed by ST Machine Dist., LLC, Patrick Smith (Markhoff, Jonathan) (Entered: 09/29/2014)

Joint MOTION to Withdraw Document Inadvertently Filed Documents by eBay Inc.. Responses due by 10/17/2014 (Attachments: # 1 Text of Proposed Order Order Granting Joint Motion to Withdraw Inadvertently Filed Documents)(Berry, Bridget) (Entered: 09/29/2014)

ORDER denying 34 Joint Motion to Withdraw Inadvertently Filed Documents. Signed by Judge Donald M. Middlebrooks on 9/30/2014. (tpl) (Entered: 10/01/2014)

Agreed MOTION for Extension of Time in Anticipation of Dismissal, Stay or Abatement and Notice of Settlement by eBay, Inc.. Responses due by 10/20/2014 (Berry, Bridget) (Entered: 10/02/2014)

NOTICE of Voluntary Dismissal by ST Machine Dist., LLC, Patrick Smith (Markhoff, Jonathan) (Entered: 10/02/2014)

Track Case Updates

eBay, Inc.

ST Machine Dist., LLC

Patrick Smith

eBay Inc.