Summary
stating that "[i]n analyzing claims arising under the Patent Act, the Court is bound by decisions of the U.S. Court of Appeals for the Federal Circuit"
Summary of this case from MESH COMM, LLC v. EKA SYSTEMS, INC.Opinion
NO. 07-80697-CIV-MARRA/JOHNSON.
September 9, 2008
ORDER GRANTING MOTION FOR DEFAULT FINAL JUDGMENT AS TO DEFENDANT HORIZON UNLIMITED, INC.
THIS CAUSE comes before the Court on Plaintiff's Motion for Entry of Default Final Judgment (DE 10/12/13), filed November 28, 2008. On February 21, 2008, the Court denied this motion as to Defendant Mardale Array and abated this motion as to Horizon Unlimited, Inc. As part of that Order, the Court directed Horizon Unlimited, Inc., to have counsel appear before this Court within twenty (20) days. Horizon Unlimited, Inc.'s new counsel was then to have an additional ten (10) days to file a motion to vacate the Clerk's entry of default.
To date, counsel has not appeared on behalf of Horizon Unlimited, Inc. After waiting several months (well beyond the time that Horizon Unlimited, Inc., was granted to comply with the Court's order), the Court issued an Order to Show Cause why default judgment should not be entered. (DE 38.) The response to that Order was due September 1, 2008; Horizon Unlimited, Inc., did not respond. Instead, David Hutchison, Esq., filed a Motion for Enlargement of Time on September 2, 2008. (DE 39). Mr. Hutchison states that he is not authorized to represent Horizon Unlimited, Inc., but instead he is acting as a "liason" between Horizon Unlimited and its counsel. Mr. Hutchison seeks an extension of time to allow Horizon Unlimited's counsel to apply for pro hac vice admission to this Court. Nevertheless, Mr. Hutchison did not show cause on Horizon Unlimited's behalf why default judgment should not be entered.
Horizon Unlimited has had nearly seven months to secure counsel and to have that counsel admitted to the bar of this Court. This continued delay is unacceptable. The Court has twice warned Horizon Unlimited that it would face default judgment if it failed to comply with the Court's orders. Accordingly, it is ORDERED AND ADJUDGED that Plaintiff's Motion for Entry of Default Final Judgment (DE 10/12/13) is GRANTED as to Defendant Horizon Unlimited, Inc. Plaintiff is ORDERED to submit a new proposed final judgment with respect to Horizon Unlimited, Inc., within ten (10) days from the date of entry of this order.
DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida.