|
[+]
1
|
2024-10-08 |
COMPLAINT filed by LOVITEDO LLC; Filing fee $ 405, receipt number AILNDC-22576762. |
|
|
Exhibit 1 |
|
|
(Exhibit 2, 3, and 4 under seal) |
|
2
|
2024-10-08 |
CIVIL Cover Sheet |
|
3
|
2024-10-08 |
ATTORNEY Appearance for Plaintiff LOVITEDO LLC by Kevin John Keener |
|
[+]
4
|
2024-10-08 |
SEALED DOCUMENT by Plaintiff LOVITEDO LLC Schedule A to the Complaint |
|
|
Exhibit 2- part 1 of 2 |
|
|
Exhibit 2- part 2 of 2 |
|
|
Exhibit 3 |
|
|
(Exhibit 4) |
|
|
CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 1). |
|
|
CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. |
|
5
|
2024-10-09 |
MAILED Patent report to Patent Trademark Office, Alexandria VA |
|
6
|
2024-10-18 |
MOTION by Plaintiff LOVITEDO LLC to seal document sealed document 4 |
|
7
|
2024-10-18 |
MOTION by Plaintiff LOVITEDO LLC for discovery expedited early discovery |
|
8
|
2024-10-18 |
MEMORANDUM by LOVITEDO LLC in support of motion for discovery 7 |
|
9
|
2024-10-18 |
MOTION by Plaintiff LOVITEDO LLC alternative service of process |
|
[+]
10
|
2024-10-18 |
MEMORANDUM by LOVITEDO LLC in support of motion for miscellaneous relief 9 |
|
|
Declaration of Kevin Keener |
|
|
(Exhibit 1 to Declaration of Kevin Keener) |
|
11
|
2024-10-18 |
NOTICE of Motion by Kevin John Keener for presentment of motion to seal document 6, motion for miscellaneous relief 9, motion for discovery 7 before Honorable Jeremy C. Daniel on 10/24/2024 at 09:30 AM. |
|
12
|
2024-10-18 |
MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff has filed a complaint alleging patent infringement against 51 defendants. (R. 1 and R. 4.) According to the plaintiff, "the asserted patent is being infringed by a cabal of foreign counterfeiters intent on exploiting online consumers." (R. 1 Para. 2.) The plaintiff further alleges, "upon information and belief, Defendants are an interrelated group of counterfeiters and patent infringers working in active concert," (R. 1 Paras. 6 and 12), and that, "on information and belief, all defendants source their goods from a common manufacturer or consortium of manufacturers under the direction or influence of local or national governments." (R. 1 Para. 9.) Experience has shown that not all defendants named in a Schedule A case work together. More importantly, experience has shown that joinder under Fed. R. Civ. P. 20 is rarely appropriate in Schedule A cases. Accordingly, the Court raises the propriety of joinder and requires the plaintiff to file a supplemental memorandum addressing the propriety of joinder on or before October 25, 2024. Alternatively, by the same date, the plaintiff may file an amended complaint naming one or more defendants; however, if the plaintiff names multiple defendants, the plaintiff must show that joinder of those defendants is proper. Having reviewed the complaint, the Court is also concerned about certain allegations directed towards joinder. For instance, the complaint alleges that, "[d]efendants, without any authorization or license from Plaintiff, have jointly and severally, knowingly and willfully made, used, offered for sale, sold, and/or imported into the United States for subsequent resale or use products that infringe directly and/or indirectly Plaintiff's Asserted Patent." (R. 1 Para. 12.) Fed. R. Civ. P. 11(b)(3) requires that, "factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery." Pursuant to Fed. R. Civ. P. 11(c)((3), the Court requires counsel for the plaintiff to show cause why the allegation that the defendants have "jointly and severally" infringed the plaintiff's patent does not violate Rule 11(b)(3). The Court will consider the issues raised in this order during a hearing set for October 30, 2024, at 9:30 a.m. Mailed notice. |
|
[+]
13
|
2024-10-22 |
First AMENDED complaint by LOVITEDO LLC against Mardison and terminating THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED IN SCHEDULE A |
|
|
Exhibit 1 to First Amended Complaint |
|
|
(Exhibit 2 to First Amended Complaint) |
|
14
|
2024-10-24 |
MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. The plaintiff's motion to seal 6 is granted. The plaintiff's motion for expedited discovery 7 is granted as follows: (1) the plaintiff may serve discovery on third-parties to obtain the defendant's identity and contact information; (2) the plaintiff may serve discovery on third-parties to obtain sales information related to the accused product(s); and (3) the plaintiff may serve discovery on the defendant to obtain information related to the defendant's identity, any related entities selling products similar to the accused products, and sales information related to the accused products. The plaintiff's motion for electronic service of process 9 is granted. Mailed notice. |
|
15
|
2024-10-30 |
MINUTE entry before the Honorable Jeremy C. Daniel: Status hearing held. For the reasons stated in open court, the rule to show cause is discharged. Mailed notice. |
|
16
|
2024-12-27 |
ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. |
|
17
|
2025-01-24 |
MINUTE entry before the Honorable Jeremy C. Daniel: The parties shall submit a status report on or before 2/7/2025. Mailed notice. |
|
18
|
2025-02-04 |
STATUS Report by Lovitedo, LLC |
|
19
|
2025-02-05 |
MINUTE entry before the Honorable Jeremy C. Daniel: Status hearing set for 3/18/2025 at 9:30 a.m. Mailed notice. |
|
22
|
2025-03-13 |
SUMMONS Issued (Court Participant) as to Defendant MARSIDON |
|
23
|
2025-03-13 |
SUMMONS Returned Executed by Lovitedo, LLC as to MARSIDON on 3/13/2025, answer due 4/3/2025. |
|
24
|
2025-03-14 |
MINUTE entry before the Honorable Jeremy C. Daniel: The status hearing set for 3/18/2025 at 9:30 a.m., will be held by Webex. At least 10 mins prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/meet/Judge_Daniel. ALL PARTICIPANTS MUST TYPE IN THEIR NAME WHEN JOINING THE VIDEO CONFERENCE AND YOUR CAMERA MUST BE ON WHEN YOUR CASE IS CALLED. You can use the dial in option ONLY if you do not have access to a device with video capability: (650)-479-3207, the access code is: 2315 750 8728. All participants must be in a quiet area while on the line and must be muted until your case is called. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
|
25
|
2025-03-18 |
MINUTE entry before the Honorable Jeremy C. Daniel: Telephone status hearing held. Mailed notice. |
|
26
|
2025-04-16 |
MOTION by Plaintiff Lovitedo, LLC for entry of default and default judgment |
|
[+]
27
|
2025-04-16 |
MEMORANDUM by Lovitedo, LLC in support of motion for entry of default 26 |
|
|
Declaration of Kevin Keener |
|
|
Exhibit 1 |
|
|
Exhibit 2 |
|
|
(Exhibit 3) |
|
28
|
2025-04-16 |
NOTICE of Motion by Kevin John Keener for presentment of motion for entry of default 26 before Honorable Jeremy C. Daniel on 4/22/2025 at 09:30 AM. |
|
29
|
2025-04-16 |
CERTIFICATE of Service by Kevin John Keener on behalf of Lovitedo, LLC regarding MOTION by Plaintiff Lovitedo, LLC for entry of default and default judgment 26, notice of motion 28, memorandum in support of motion 27 |
|
30
|
2025-04-22 |
MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Plaintiff's motion for default judgment [26] is taken under advisement. Plaintiff's supplement to its motion for default judgment is due on or before 5/6/2025. Mailed notice. |
|
33
|
2025-05-21 |
FINAL DEFAULT JUDGMENT ORDER. Signed by the Honorable Jeremy C. Daniel on 5/21/2025. Motion for entry of default and default judgment [26] is granted. Civil case terminated. Mailed notice. |
