On June 16, 2017, District Judge James I. Cohn and Magistrate Judge Barry S. Seltzer denied Plaintiffs, Atmos Nation, LLC. and Atmos Technology, LLC., their Rule 60 motion in the United States District Court for the Southern District of Florida. Plaintiffs moved to quash the court’s order dismissing their case against Defendants, All Rise Records, Inc. and Carlos Perry, based on their claim that their former attorney was accountable for the discovery misconduct which led to the dismissal. The court found their claim insufficient to establish excusable neglect and found that “Plaintiffs did not monitor their case or [their counsel’s] representation of their interests therein as closely as the law requires. . . .” The court further noted that “undoing the Final Judgment would unfairly impose additional cost, burden, and business uncertainty on Defendants for the alleged negligence of Plaintiffs’ counsel and the inattentiveness of Plaintiffs themselves.” (page 4). The patents at issue include U.S. Patent No. D695450, which covers a portable pen sized herb vaporizer, and U.S. Patent No. D720095, which covers a mini vaporizer. The case is captioned Atmos Nation, LLC. et al v. All Rise Records, Inc. et al, FLSD-0-16-cv-60032.
By: Namita Dhawan