`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`SWIRLATE IP LLC,
`
`)
`)
`Plaintiff, )
`)
`) Civ. No. 22-235-CFC
`)
`)
`)
`Defendant. )
`
`v.
`
`
`
`QUANTELA, INC
`
`SWIRLA TE IP LLC,
`
`)
`)
`Plaintiff, )
`)
`) Civ. No. 22-249-CFC
`)
`LANTRONIX, INC. )
`)
`Defendant. )
`
`v.
`
`MEMORANDUM ORDER
`
`
`
`
`
`WHEREAS the representations of David R. Bennett, counsel for Plaintiff
`
`
`
`Swirlate IP LLC, at the January 17, 2024 hearing give rise to concerns that Mr.
`
`
`
`
`
`Bennett did not adhere to the Local Rules of Civil Practice and Procedure of the
`
`
`
`United States District Court for the District of Delaware and the Model Rules of
`
`
`
`
`
`
`
`Bar Association; Professional Conduct of the American
`
`
`
`
`
`
`
`NOW THE REFORE, at Wilmington on this Twenty-third day of January in
`
`
`
`2024, it is HE REBY ORDERED that Plaintiff shall produce to the Court no later
`
`
`
`
`
`
`
`Case 1:22-cv-00249-CFC Document 33 Filed 01/23/24 Page 2 of 4 PageID #: 328
`
`than February 22, 2024 copies of the following documents and communications
`
`that are in the possession, custody, and control of Swirlate IP LLC, Dina Gamez,
`
`David R. Bennett, Direction IP Law, Jimmy Chong, and the Chong Law Firm:
`
`1) Any and all retention letters and/or agreements between Swirlate IP LLC
`
`and Direction IP Law or the Chong Law Firm.
`
`2) Any and all communications and correspondence, including emails and text
`
`messages, that Dina Gamez had with David R. Bennett, Direction IP Law,
`
`Jimmy Chong, the Chong Law Firm, Mavexar LLC, IP Edge LLC, Linh
`
`Deitz, Papool Chaudhari, and/or any representative ofMavexar LLC and/or
`
`IP Edge LLC regarding:
`
`a)
`
`The formation of Swirlate IP LLC;
`
`'b) Assets, including patents, owned by Swirlate IP LLC;
`
`c)
`
`The potential acquisition of assets, including patents, by
`
`Swirlate IP LLC;
`
`d)
`
`The nature, scope, and likelihood of any liability, including but
`
`not limited to attorney fees, expenses, and litigation costs,
`
`Swirlate IP LLC could incur as a result of its acquisition of
`
`and/or assertion in litigation of any patent;
`
`e)
`
`U.S. Patent Nos. 7,154,961 and 7,567,622;
`
`2
`
`
`
`Case 1:22-cv-00249-CFC Document 33 Filed 01/23/24 Page 3 of 4 PageID #: 329
`
`f)
`
`The retention of Direction IP Law and the Chong Law Firm to
`
`represent Swirlate IP LLC in these cases;
`
`The settlement or potential settlement of these cases;
`
`The dismissal of these cases; and
`
`The cancelled December 6, 2022 hearing.
`
`g)
`
`h)
`
`i)
`
`3) Any and all communications and correspondence, including emails and text
`
`messages, that David R. Bennett, Jimmy Chong, or any employee or
`
`representative of Direction IP Law or The Chong Law Firm had with
`
`Mavexar LLC, IP Edge LLC, Linh Dietz, Papool Chaudhari, and/or any
`
`representative ofMavexar LLC and/or IP Edge LLC regarding:
`
`a)
`
`b)
`
`c)
`
`The formation of Swirlate IP LLC;
`
`Assets, including patents, owned by Swirlate IP LLC;
`
`The potential acquisition of assets, including patents, by
`
`Swirlate IP LLC;
`
`d)
`
`The nature, scope, and likelihood of any liability, including but
`
`not limited to attorney fees, expenses, and litigation costs,
`
`Swirlate IP LLC could incur as a result of its acquisition of
`
`and/or assertion in litigation of any patent;
`
`e)
`
`U.S. Patent Nos. 7,154,961 and 7,567,622;
`
`3
`
`
`
`Case 1:22-cv-00249-CFC Document 33 Filed 01/23/24 Page 4 of 4 PageID #: 330
`
`t)
`
`The retention of Direction IP Law and the Chong Law Firm to
`
`represent Swirlate IP LLC in these cases;
`
`g)
`
`h)
`
`The settlement or potential settlement of these cases;
`
`The cancelled December 6, 2022 hearing.
`
`CL ?z_ tZ t1F
`
`CHI
`
`JUDGE
`
`4
`
`

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