1%3A21-cv-10376 - Flect LLC v. Peter Lei et al.Report Error
Detail
Case Number
1:21-cv-10376Current Status
closedCause of Action
Patent Infringement
Related Case(s)
N/ACourt
New York Southern District CourtPlaintiff(s)
Flect LLC
Operating CompanyDefendant(s)
Peter Lei
Lumia Products Co LLC
Judge
P. Kevin CastelFiling Date
2021-12-06Termination Date
2022-06-17Dockets
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Final Civil Docket 06-17-2022 |
Initial Civil Docket 12-06-2021 |
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Anthony Giaccio to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Nature of Suit Error. Multiple Nature of Suits selected on Form. Place an [X] in one box only. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) (Entered: 12/07/2021) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Anthony Giaccio. The party information for the following party/parties has been modified: Peter Lei, Lumia Products Co. LLC, Flect LLC,. The information for the party/parties has been modified for the following reason/reasons: party text entered incorrectly. (vf) (Entered: 12/07/2021) |
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Anthony Giaccio to RE-FILE Document 23 FIRST MOTION for Default Judgment as to all Defendants.. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). Proposed Order(s) and/or Certificate of Service(s) can be filed with the Motion. (kj) (Entered: 02/22/2022) |
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Steven Fairchild to RE-FILE Document 25 Memorandum of Law in Opposition to Motion,. ERROR(S): Supporting and or Opposing/Response Document(s) linked to a deficient entry. (kj) (Entered: 02/22/2022) |
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Giaccio, Anthony to RE-FILE Document 17 Proposed Clerk`s Certificate of Default. Use the event type Affirmation in Support of a Non-Motion found under the event list Other Answers. File the Affirmation with the Request as an attachment to the back of the Affirmation. (dt) (Entered: 01/05/2022) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) (Entered: 12/07/2021) |
Case Designated ECF. (vf) (Entered: 12/07/2021) |
Magistrate Judge Jennifer Willis is so redesignated. (laq) (Entered: 02/07/2022) |
Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) (Entered: 12/07/2021) |
Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 4/29/2022. The next case management conference is scheduled for September 12, 2022 at 10:30 a.m. The conference will proceed telephonically. Call-in information is: Dial-In No.: 1-888-363-4749, Access Code: 3667981. See Scheduling Order filed 4/29/2022. (Nacanther, Florence) (Entered: 04/29/2022) |
ORDER granting 24 Letter Motion to Adjourn Conference Initial Conference set for 4/29/2022 at 10:30 AM before Judge P. Kevin Castel. The conference will proceed telephonically. Call-in information is: Dial-In No.: 1-888-363-4749, Access Code: 3667981#. (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) (Entered: 02/22/2022) |
COMPLAINT against Peter Lei, Lumia Products Co. LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25426355)Document filed by Flect LLC. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4).(Giaccio, Anthony) (Entered: 12/06/2021) |
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED CLERK`S CERTIFICATE OF DEFAULT. Document filed by Flect LLC. (Attachments: # 1 Affidavit Affirmation in Support of Request for Certificate of Default).(Giaccio, Anthony) Proposed document to be reviewed and processed by Clerk`s Office staff (No action required by chambers). Modified on 1/5/2022 (dt). (Entered: 01/05/2022) |
AFFIRMATION of Iana Blinova in Support. Document filed by Flect LLC. (Attachments: # 1 Request for Clerk`s Certificate of Default).(Giaccio, Anthony) (Entered: 01/07/2022) |
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Default Judgment as to all Defendants. Document filed by Flect LLC. Responses due by 2/24/2022 (Attachments: # 1 Clerk`s Certificate of Default, # 2 Complaint, # 3 Complaint Exhibit 1, # 4 Complaint Exhibit 2, # 5 Complaint Exhibit 3, # 6 Complaint Exhibit 4, # 7 Affidavit Affidavit in Support of Judgment by Default by Iana Blinova, # 8 Blinova Affidavit Exhibit 1-A, # 9 Blinova Affidavit Exhibit 1-B, # 10 Blinova Affidavit Exhibit 2, # 11 Blinova Affidavit Exhibit 3, # 12 Blinova Affidavit Exhibit 4-A, # 13 Blinova Affidavit Exhibit 4-B, # 14 Affidavit Affidavit in Support of Judgment by Default by Anthony Giaccio, # 15 Giaccio Affidavit Exhibit 1, # 16 Giaccio Affidavit Exhibit 2, # 17 Giaccio Affidavit Exhibit 3-A, # 18 Giaccio Affidavit Exhibit 3-B, # 19 Giaccio Affidavit Exhibit 4-A, # 20 Giaccio Affidavit Exhibit 4-B, # 21 Giaccio Affidavit Exhibit 5, # 22 Plaintiff`s Brief in Support of Motion for Default Judgment and Permanent Injunction Against Defendants, # 23 Exhibit 1, # 24 Exhibit 1-A, # 25 Exhibit 1-B, # 26 Exhibit 1-C, # 27 Exhibit 1-D, # 28 Exhibit 2, # 29 Exhibit 3, # 30 Exhibit 4, # 31 Exhibit 5-A, # 32 Exhibit 5-B, # 33 Exhibit 6, # 34 Exhibit 7, # 35 Exhibit 8, # 36 Exhibit 9, # 37 Exhibit 10, # 38 Exhibit 11, # 39 Exhibit 12-A, # 40 Exhibit 12-B, # 41 Exhibit 12-C, # 42 Exhibit 12-D, # 43 Exhibit 13, # 44 Exhibit 14, # 45 Text of Proposed Order Proposed Default Judgment and Permanent Injunction Against Defendants).(Giaccio, Anthony) Modified on 2/22/2022 (kj). (Entered: 02/10/2022) |
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MEMORANDUM OF LAW in Opposition re: 23 FIRST MOTION for Default Judgment as to all Defendants. . Document filed by Peter Lei, Lumia Products Co. LLC. (Attachments: # 1 Affidavit Affidavit of Peter Lei).(Fairchild, Steven) Modified on 2/22/2022 (kj). (Entered: 02/22/2022) |
FIRST MOTION for Default Judgment as to all Defendants. Document filed by Flect LLC. Responses due by 2/24/2022 (Attachments: # 1 Text of Proposed Order Proposed Default Judgment and Permanent Injunction Against Defendants).(Giaccio, Anthony) (Entered: 02/23/2022) |
AFFIDAVIT of Iana Blinova in Support re: 27 FIRST MOTION for Default Judgment as to all Defendants.. Document filed by Flect LLC. (Attachments: # 1 Exhibit Exhibit 1-A, # 2 Exhibit Exhibit 1-B, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4-A, # 6 Exhibit Exhibit 4-B).(Giaccio, Anthony) (Entered: 02/23/2022) |
AFFIDAVIT of Anthony Giaccio in Support re: 27 FIRST MOTION for Default Judgment as to all Defendants.. Document filed by Flect LLC. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3-A, # 4 Exhibit Exhibit 3-B, # 5 Exhibit Exhibit 4-A, # 6 Exhibit Exhibit 4-B, # 7 Exhibit Exhibit 5).(Giaccio, Anthony) (Entered: 02/23/2022) |
FIRST MEMORANDUM OF LAW in Support re: 27 FIRST MOTION for Default Judgment as to all Defendants. Plaintiff`s Brief in Support of Motion for Default Judgment and Permanent Injunction Against Defendants. Document filed by Flect LLC. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 1-A, # 3 Exhibit Exhibit 1-B, # 4 Exhibit Exhibit 1-C, # 5 Exhibit Exhibit 1-D, # 6 Exhibit Exhibit 2, # 7 Exhibit Exhibit 3, # 8 Exhibit Exhibit 4, # 9 Exhibit Exhibit 5-A, # 10 Exhibit Exhibit 5-B, # 11 Exhibit Exhibit 6, # 12 Exhibit Exhibit 7, # 13 Exhibit Exhibit 8, # 14 Exhibit Exhibit 9, # 15 Exhibit Exhibit 10, # 16 Exhibit Exhibit 11, # 17 Exhibit Exhibit 12-A, # 18 Exhibit Exhibit 12-B, # 19 Exhibit Exhibit 12-C, # 20 Exhibit Exhibit 12-D, # 21 Exhibit Exhibit 13, # 22 Exhibit Exhibit 14).(Giaccio, Anthony) (Entered: 02/23/2022) |
MEMORANDUM OF LAW in Opposition re: 27 FIRST MOTION for Default Judgment as to all Defendants. . Document filed by Peter Lei, Lumia Products Co. LLC. (Attachments: # 1 Affidavit Affidavit of Peter Lei).(Fairchild, Steven) (Entered: 02/23/2022) |
FIRST REPLY MEMORANDUM OF LAW in Support re: 27 FIRST MOTION for Default Judgment as to all Defendants. Plaintiff`s Reply in Support of Motion for Default Judgment and Permanent Injunction Against Defendants. Document filed by Flect LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8).(Giaccio, Anthony) (Entered: 02/28/2022) |
AFFIDAVIT of Iana Blinova in Support re: 27 FIRST MOTION for Default Judgment as to all Defendants.. Document filed by Flect LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7).(Giaccio, Anthony) (Entered: 02/28/2022) |
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 38 FIRST MOTION to Dismiss ., 39 Memorandum of Law in Support of Motion addressed to Judge P. Kevin Castel from Anthony Giaccio, Counsel for Plaintiff, dated June 10, 2022. Document filed by Flect LLC. (Attachments: # 1 Text of Proposed Order Proposed Stipulation of Dismissal, # 2 Text of Proposed Order Proposed Order of Dismissal).(Giaccio, Anthony) (Entered: 06/10/2022) |
CIVIL COVER SHEET filed..(Giaccio, Anthony) (Entered: 12/06/2021) |
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Giaccio, Anthony) Modified on 12/7/2021 (vf). (Entered: 12/06/2021) |
REQUEST FOR ISSUANCE OF SUMMONS as to Lumia Products Co. LLC, re: 1 Complaint,. Document filed by Flect LLC..(Giaccio, Anthony) (Entered: 12/06/2021) |
REQUEST FOR ISSUANCE OF SUMMONS as to Peter Lei, re: 1 Complaint,. Document filed by Flect LLC..(Giaccio, Anthony) (Entered: 12/06/2021) |
AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Giaccio, Anthony) (Entered: 12/06/2021) |
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Giaccio, Anthony) (Entered: 12/06/2021) |
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Flect LLC..(Giaccio, Anthony) (Entered: 12/06/2021) |
CIVIL COVER SHEET filed..(Giaccio, Anthony) (Entered: 12/07/2021) |
ELECTRONIC SUMMONS ISSUED as to Lumia Products Co. LLC. (vf) (Entered: 12/07/2021) |
ELECTRONIC SUMMONS ISSUED as to Peter Lei. (vf) (Entered: 12/07/2021) |
AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (vf) (Entered: 12/07/2021) |
AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (vf) (Entered: 12/07/2021) |
ORDER INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, February 22, 2022 at 11:00 a.m. Principal trial counsel shall appear at this and all subsequent conferences. Due to the COVID-19 pandemic, conferences with the Court in civil cases will held by teleconferencing until further notice. For initial pretrial conferences, plaintiff(s)` counsel shall, no later than 5 business days before the conference, email a copy of the agreed upon (or disputed) Civil Case Management Plan & Scheduling Order to: castelnysdchambers@nysd.uscourts.gov. The call-in information for all teleconferences is: Dial-in: (888) 363-4749; Access Code: 3667981. And as set forth herein. SO ORDERED. Telephonic Initial Conference set for 2/22/2022 at 11:00 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 12/08/2021) (ama) (Entered: 12/08/2021) |
CERTIFICATE OF SERVICE of Summons and Complaint,. Lumia Products Co. LLC served on 12/13/2021, answer due 1/3/2022. Service was accepted by Breella Fox, Manager of CMRA. Document filed by Flect LLC..(Giaccio, Anthony) (Entered: 12/27/2021) |
CERTIFICATE OF SERVICE of Summons and Complaint,. Peter Lei served on 12/13/2021, answer due 1/3/2022. Service was accepted by Breella Fox, Manager of CMRA. Document filed by Flect LLC..(Giaccio, Anthony) (Entered: 12/27/2021) |
PROPOSED CLERK`S CERTIFICATE OF DEFAULT. Document filed by Flect LLC..(Giaccio, Anthony) Proposed document to be reviewed and processed by Clerk`s Office staff (No action required by chambers). Modified on 1/7/2022 (km). (Entered: 01/05/2022) |
Vacated as per Judge`s Order dated 4/5/2022, Doc. #34 CLERK`S CERTIFICATE OF DEFAULT as to Lumia Products Co. LLC and Peter Lei.(km) Modified on 4/5/2022 (rro). (Entered: 01/07/2022) |
NOTICE OF APPEARANCE by Steven Royal Fairchild on behalf of Peter Lei, Lumia Products Co. LLC..(Fairchild, Steven) (Entered: 01/10/2022) |
FIRST LETTER MOTION for Extension of Time addressed to Judge P. Kevin Castel from Steven R. Fairchild dated January 10, 2022. Document filed by Peter Lei, Lumia Products Co. LLC..(Fairchild, Steven) (Entered: 01/10/2022) |
ORDER: terminating 21 Letter Motion for Extension of Time. At present, there is no motion for default judgment. Defendant`s counsel would be well advised to confer with plaintiff`s counsel. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/10/2022) (ama) (Entered: 01/10/2022) |
JOINT LETTER MOTION to Adjourn Conference on February 22, 2022 addressed to Judge P. Kevin Castel from Anthony Giaccio and Steven Fairchild dated February 11, 2022. Document filed by Flect LLC..(Giaccio, Anthony) (Entered: 02/11/2022) |
OPINION AND ORDER re: 27 FIRST MOTION for Default Judgment as to all Defendants. filed by Flect LLC. The Court has considered all the arguments of the parties, whether or not they are expressly referenced here. For the reasons above, the entries of default are VACATED and Flects motion for a default judgment and a permanent injunction is DENIED. The Clerk is respectfully directed to terminate the motion (Doc 27). (Signed by Judge P. Kevin Castel on 4/5/2022) (rro) (Entered: 04/05/2022) |
LETTER addressed to Judge P. Kevin Castel from Steven Fairchild dated April 7, 2022 re: Pre-motion letter. Document filed by Peter Lei, Lumia Products Co. LLC..(Fairchild, Steven) (Entered: 04/07/2022) |
RESPONSE re: 35 Letter addressed to Judge P. Kevin Castel from Anthony Giaccio dated April 12, 2022 re: Response to Pre-Motion Letter dated April 7, 2022. Document filed by Flect LLC..(Giaccio, Anthony) (Entered: 04/12/2022) |
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. § 636(c). This case is to be tried to a jury. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. All fact discovery is to be completed no later than August 26, 2022. Depositions to be completed by August 26, 2022.All expert discovery shall be completed no later than October 10, 2022.Counsel for the parties have conferred and their present best estimate of the length of trial is 1 week. Defendants` opening brief for their forthcoming motion to dismiss due 5/20/2022. Plaintiff`s opposition brief due 6/10/2022. Defendants` reply brief due 6/24/2022. The next Case Management Conference is scheduled for 9/12/2022 at 10:30 am to be held via teleconference. Dial-In: 1-888-363-4749, Access Code: 3667981. Motions due by 5/20/2022. Responses due by 6/10/2022 Replies due by 6/24/2022. Depositions due by 8/26/2022. Fact Discovery due by 8/26/2022. Expert Discovery due by 10/10/2022. Telephone Conference set for 9/12/2022 at 10:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 4/29/2022) (vfr) (Entered: 04/29/2022) |
FIRST MOTION to Dismiss . Document filed by Peter Lei, Lumia Products Co. LLC..(Fairchild, Steven) (Entered: 05/20/2022) |
MEMORANDUM OF LAW in Support re: 38 FIRST MOTION to Dismiss . . Document filed by Peter Lei, Lumia Products Co. LLC..(Fairchild, Steven) (Entered: 05/20/2022) |
LETTER addressed to Judge P. Kevin Castel from Steven R. Fairchild dated June 13, 2022 Document filed by Peter Lei, Lumia Products Co. LLC..(Fairchild, Steven) (Entered: 06/13/2022) |
LETTER addressed to Judge P. Kevin Castel from Anthony Giaccio, Counsel for Plaintiff, dated June 14, 2022 re: Reply to Defendants` Response to Plaintiff`s First Letter Motion for Extension of Time. Document filed by Flect LLC..(Giaccio, Anthony) (Entered: 06/14/2022) |
ORDER: denying without prejudice 40 Letter Motion for Extension of Time to File Response/Reply re 40 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 38 FIRST MOTION to Dismiss 39 Memorandum of Law in Support of Motion. addressed to Judge P. Kevin Castel from Anthony Giaccio, Counsel for Plaintiff. Letter motion (Doc 40) is DENIED without prejudice. In the absence of a dismissal, the action remains pending. And as set forth herein. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/15/2022) (ama) (Entered: 06/16/2022) |
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Peter Lei, Lumia Products Co. LLC. Document filed by Flect LLC. Proposed document to be reviewed and processed by Clerk`s Office staff (No action required by chambers)...(Giaccio, Anthony) (Entered: 06/16/2022) |
AO 120 FORM PATENT - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 6/16/2022 in a court action filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (tp) (Entered: 06/17/2022) |
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Patents In Case