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EMPLOYMENT LAW COMPLIANCE, INC. v. EMPOWER SOFTWARE SOLUTIONS, INC., 6:14-cv-663-Orl-31KRS. (2014)

Court: District Court, M.D. Florida Number: infdco20140613939 Visitors: 8
Filed: Jun. 12, 2014
Latest Update: Jun. 12, 2014
Summary: ORDER GREGORY A. PRESNELL, District Judge. This matter is before the Court on Defendant/Counter Claimant Empower Software Solutions, Inc.'s ("Empower") unopposed Motion to Stay Pending Patent Reexamination ("Motion to Stay") (Doc. 58). 1 As the Motion to Stay is unopposed and it appears meritorious, it will be granted and the case is stayed pending the resolution of the ex parte reexamination of the underlying patent. Also currently pending are two Motions to Dismiss the counterclaims agains
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ORDER

GREGORY A. PRESNELL, District Judge.

This matter is before the Court on Defendant/Counter Claimant Empower Software Solutions, Inc.'s ("Empower") unopposed Motion to Stay Pending Patent Reexamination ("Motion to Stay") (Doc. 58).1 As the Motion to Stay is unopposed and it appears meritorious, it will be granted and the case is stayed pending the resolution of the ex parte reexamination of the underlying patent.

Also currently pending are two Motions to Dismiss the counterclaims against Employment Law Compliance, Inc., ("ELC"). (Docs. 66; 68). As the case is stayed, these motions will be denied without prejudice, and with leave to refile pending the resolution of the ex parte reexamination. Following the outcome of the patent reexamination, ELC shall have ten (10) days to refile the Motions to Dismiss. Because the Motions to Dismiss are denied, the unopposed motion to extend the time to respond to them (Doc. 71) is mooted.

It is therefore,

ORDERED, the Motion to Stay (Doc. 58) is GRANTED AS UNOPPOSED. The Motions to Dismiss (Docs. 66; 68) are DENIED WITHOUT PREJUDICE. The Motion for Extension of Time (Doc. 71) is DENIED AS MOOT.

DONE and ORDERED.

FootNotes


1. Initially, Empower's Motion to Stay was opposed, however, that opposition has since been retracted. (See Docs. 63; 64).
Source:  Leagle

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