1:15-cv-10036 - 9380671 Canada Inc v. Costco Wholesale Corp et al.

Detail

Case Number

1:15-cv-10036

Current Status

closed

Cause of Action

Infringement

Related Case(s)

N/A

Court

New York Southern District Court

Plaintiff(s)

9380671 Canada Inc

NPE (Patent Assertion Entity)

Defendant(s) SME

Costco Wholesale Corp

Lcc Enterprises Inc

Custom Cooler Inc

Judge

Andrew L. Carter, Jr

Filing Date

2015-12-24

Termination Date

2016-08-12

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Dockets
Text
CIVIL DOCKET
UPDATED CIVIL DOCKET
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 23 MOTION for Brian M. Koide to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12289892. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 05/11/2016)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 9380671 Canada Inc..(Ohman, John) (Entered: 12/24/2015)
CIVIL COVER SHEET filed. (Ohman, John) (Entered: 12/24/2015)
COMPLAINT against 9380671 Canada Inc.. (Filing Fee $ 400.00, Receipt Number 0208-11774800)Document filed by 9380671 Canada Inc.. (Attachments: # 1 Exhibit Exhibit A---US Patent # 8,074,943 B2)(Ohman, John) (Entered: 12/24/2015)
REQUEST FOR ISSUANCE OF SUMMONS as to Costco Wholesale Inc., LCC Enterprises, Inc., Custom Cooler, Inc., re: 1 Complaint. Document filed by 9380671 Canada Inc.. (Ohman, John) (Entered: 12/24/2015)
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against 9380671 Canada Inc.. (Filing Fee $ 400.00, Receipt Number 0208-11774800)Document filed by 9380671 Canada Inc.. (Attachments: # 1 Exhibit Exhibit A---US Patent # 8,074,943 B2)(Ohman, John) Modified on 12/28/2015 (pc). (Entered: 12/24/2015)
MOTION for Gerard Evans Wimberly, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12278296. Motion and supporting papers to be reviewed by Clerks Office staff. Document filed by 9380671 Canada Inc.. (Attachments: # 1 Text of Proposed Order, # 2 LA Certificate of Good Standing, # 3 AZ Certificate of Good Standing, # 4 DC Certificate of Good Standing)(Wimberly, Gerard) (Entered: 05/09/2016)
MOTION for Brian M. Koide to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12289892. Motion and supporting papers to be reviewed by Clerks Office staff. Document filed by 9380671 Canada Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Virginia Certificate of Good Standing, # 3 DC Certificate of Good Standing)(Koide, Brian) (Entered: 05/11/2016)
REQUEST FOR ISSUANCE OF SUMMONS as to Costco Wholesale Corporation, Custome Cooler, Inc, and LCC Enterprises, Inc., re: 1 Complaint,. Document filed by 9380671 Canada Inc.. (Ohman, John) (Entered: 12/28/2015)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - - FIRST AMENDED COMPLAINT amending 1 Complaint, against Costco Wholesale Corporation, Custom Cooler Inc., LCC Enterprises, Inc. with JURY DEMAND.Document filed by 9380671 Canada Inc.. Related document: 1 Complaint, filed by 9380671 Canada Inc..(Ohman, John) Modified on 12/29/2015 (laq). Modified on 1/15/2016 (pc). (Entered: 12/28/2015)
CIVIL COVER SHEET filed. (Ohman, John) (Entered: 12/28/2015)
AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Ohman, John) (Entered: 01/04/2016)
NOTICE OF APPEARANCE by Monica Petraglia McCabe on behalf of 9380671 Canada Inc.. (McCabe, Monica) (Entered: 03/09/2016)
NOTICE OF CHANGE OF ADDRESS by Monica Petraglia McCabe on behalf of 9380671 Canada Inc.. New Address: Phillips Nizer LLP, 666 Fifth Avenue, 28th Fl, New York, New York, United States 10103, 212-977-9700. (McCabe, Monica) (Entered: 03/24/2016)
ELECTRONIC SUMMONS ISSUED as to Costco Wholesale Corporation, Custom Cooler Inc., LCC Enterprises, Inc.. (dgo) (Entered: 04/21/2016)
NOTICE OF APPEARANCE by Melissa Hope Harris on behalf of 9380671 Canada Inc.. (Harris, Melissa) (Entered: 04/21/2016)
LETTER MOTION for Extension of Time within which to serve process upon defendants addressed to Judge Andrew L. Carter, Jr. from Monica P. McCabe, Esq. dated April 21, 2016. Document filed by 9380671 Canada Inc..(McCabe, Monica) (Entered: 04/21/2016)
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Costco Wholesale Corporation, Custom Cooler, Inc., LCC Enterprises, Inc., re: 9 Complaint. Document filed by 9380671 Canada Inc.. (McCabe, Monica) (Entered: 04/21/2016)
ELECTRONIC AMENDED SUMMONS ISSUED as to Costco Wholesale Corporation, Custom Cooler Inc., LCC Enterprises, Inc.. (dgo) (Entered: 04/22/2016)
ORDER granting 14 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/22/2016) (spo) (Entered: 04/22/2016)
ORDER FOR ADMISSION PRO HAC VICE granting 18 Motion for Gerard Evans Wimberly, Jr. to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 5/10/2016) (kgo) (Entered: 05/10/2016)
NOTICE OF APPEARANCE by Andrew Sol Langsam on behalf of Costco Wholesale Corporation, Custom Cooler Inc., LCC Enterprises, Inc.. (Langsam, Andrew) (Entered: 05/10/2016)
NOTICE OF APPEARANCE by Dasha Chestukhin on behalf of Costco Wholesale Corporation, Custom Cooler Inc., LCC Enterprises, Inc.. (Chestukhin, Dasha) (Entered: 05/10/2016)
ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Andrew S. Langsam and Jessica Bromall Sparkman dated 5/10/2016 re: Defendants hereby request that their deadline to answer or otherwise respond be extended to June 13, 2016. ENDORSEMENT: SO ORDERED. Costco Wholesale Corporation answer due 6/13/2016; Custom Cooler Inc. answer due 6/13/2016; LCC Enterprises, Inc. answer due 6/13/2016. (Signed by Judge Andrew L. Carter, Jr on 5/11/2016) (tn) (Entered: 05/11/2016)
AFFIDAVIT OF SERVICE. LCC Enterprises, Inc. served on 4/22/2016, answer due 6/13/2016. Service was accepted by Marybeth Huyck. Document filed by 9380671 Canada Inc.. (McCabe, Monica) (Entered: 05/26/2016)
AFFIDAVIT OF SERVICE. Costco Wholesale Corporation served on 4/22/2016, answer due 6/13/2016. Service was accepted by Marybeth Huyck. Document filed by 9380671 Canada Inc.. (McCabe, Monica) (Entered: 05/26/2016)
AFFIDAVIT OF SERVICE. Custom Cooler Inc. served on 4/22/2016, answer due 6/13/2016. Service was accepted by Marybeth Huyck. Document filed by 9380671 Canada Inc.. (McCabe, Monica) (Entered: 05/26/2016)
ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Andrew S. Langsam dated 6/9/16 re: Defendants request that their deadline to answer or otherwise respond to the complaint be extended to 6/28/16. ENDORSEMENT: SO ORDERED. Costco Wholesale Corporation answer due 6/28/2016; Custom Cooler Inc. answer due 6/28/2016; LCC Enterprises, Inc. answer due 6/28/2016. (Signed by Judge Andrew L. Carter, Jr on 6/14/2016) (mro) Modified on 6/16/2016 (mro). (Entered: 06/15/2016)
ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Andrew S. Langsam dated 6/27/2016 re: Request for extension of time to answer complaint. ENDORSEMENT: SO ORDERED. Costco Wholesale Corporation answer due 7/13/2016; Custom Cooler Inc. answer due 7/13/2016; LCC Enterprises, Inc. answer due 7/13/2016. (Signed by Judge Andrew L. Carter, Jr on 6/28/2016) (kgo) (Entered: 06/29/2016)
JOINT LETTER MOTION to Stay all deadlines for thirty (30) days addressed to Judge Andrew L. Carter, Jr. from Monica P. McCabe, Esq. dated July 12, 2016. Document filed by 9380671 Canada Inc..(McCabe, Monica) (Entered: 07/13/2016)
ORDER granting 29 Letter Motion to Stay. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/21/2016) (cf) (Entered: 07/21/2016)
ORDER FOR ADMISSION PRO HAC VICE granting 23 Motion for Brian M. Koide to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Andrew L. Carter, Jr on 7/21/2016) (cf) (Entered: 07/21/2016)
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, with prejudice against the defendant(s) All Defendants. Document filed by 9380671 Canada Inc.. (McCabe, Monica) (Entered: 08/12/2016)
AO 120 FORM TRADEMARK - CASE TERMINATED - 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 final decision was rendered on 8/12/2016 in a court action 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). (km) (Entered: 08/15/2016)
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