Whaleco Incorporated v. Kape Technologies (Cyprus) Limited et al
| Whaleco Incorporated |
| Kape Technologies (Cyprus) Limited and Unknown Parties |
| 2:2023cv02578 |
| December 11, 2023 |
| US District Court for the District of Arizona |
| John J Tuchi |
| Property Rights: Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 8, 2024. A more recent docket listing may be available from PACER.
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Filing 17
ORDER granting the Motion for Leave to Appear Via Video Conference (Doc. #16 ). Out-of-state counsel for Plaintiff may appear telephonically at the Preliminary Injunction hearing set for 2/13/2024, at 2:00 PM (Arizona time) in Courtroom 505, 401 W. Washington Street, Phoenix, AZ 85003 before Judge John J. Tuchi. Any local counsel shall appear in person. Chambers will e-mail dial-in instructions to out-of-state counsel prior to the hearing. Signed by Judge John J Tuchi on 2/8/2024. (KJ)
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Remark: Out of state attorney Todd E Zenger terminated as counsel of record for noncompliance with admission requirements; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 16
MOTION Leave to Appear Via Video Conference by Whaleco Incorporated. (Attachments: #1 Attachment Declaration of B. Brett Heavner in Support of Plaintiff's Motion for Leave to Appear Via Video Conference, #2 Proposed Order)(Sinha, Malvika)
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Filing 15
NOTICE re: Notice of Certification of Conferral by Unknown Parties re: #14 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Lack of Prosecution . (Weech, Bradley)
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Filing 14
*MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Unknown Parties. (Attachments: #1 Exhibit Exhibit 1 Declaration of Howard Izundu Enyimba)(Weech, Bradley) *Modified to correct event type on 1/23/2024 (EJA).
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Filing 13
NOTICE re: Notice of Deposit by Whaleco Incorporated . (Sinha, Malvika)
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Filing 12
SERVICE EXECUTED filed by Whaleco Incorporated: Notice of Service re: Verified Complaint (Doc. 1); Ex Parte Emergency Motion for Temporary Restraining Order and, Upon Notice and Hearing, Motion for Preliminary Injunction, and Motion for Order Authorizing Alternative Service (Doc. 10); Order (Doc. 11) upon ABC Corporations 1-7 and John Does 1-7 on 01/10/24. (Sinha, Malvika)
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Filing 11
ORDER granting in part Plaintiff's Ex Parte Emergency Motion for Temporary Restraining Order and, Upon Notice and Hearing, Motion for Preliminary Injunction, and Motion for Order Authorizing Alternative Service #10 , to the extent it seeks a Temporary Restraining Order and authorization for an alternative means of service. FURTHER ORDERED that, under Fed. R. Civ. P. 65(c), Plaintiff shall deposit a nominal security bond of $1,000 because the evidence indicates that the Unknown Defendants will suffer only, if at all, minimal damage by the issuance of this temporary restraining order and injunction. FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 4(f)(3) and Ariz. R. Civ. P. 4.1(k)(1), sufficient cause being shown therefore, counsel for Plaintiff shall within 48 hours of entry of this Order serve a copy of this Order, the Complaint #1 , and all papers filed in support of this Order on the Unknown Defendants via email. FURTHER ORDERED that Unknown Defendants shall file any Response to Plaintiff's Motion #10 , to the extent it seeks a Preliminary Injunction, by January 22, 2024. Plaintiff may file any Reply by January 29, 2024. FURTHER ORDERED setting a hearing on Plaintiff's Motion #10 , to the extent it seeks a Preliminary Injunction, for February 13, 2024, at 2:00 p.m. (Arizona time) before District Judge John J. Tuchi in Courtroom 505, Sandra Day O'Connor Federal Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. FURTHER ORDERED that, under Fed. R. Civ. P. 65(b)(2), the Court extends the effectivity of this Temporary Restraining Order to 38 days from the date and hour entered to account for the fact that Defendants and internet service providers are located in foreign countries and to allow time for briefing and a hearing on Plaintiff's Motion for Preliminary Injunction. See Order for further details. Signed by Judge John J Tuchi on 1/8/2024. (CSL)
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Filing 10
*EX PARTE MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Alternative Service by Whaleco Incorporated. (Attachments: #1 Attachment Declaration of Kathleen Zhang, #2 Attachment Declaration of Morgan Klatskin, #3 Attachment Declaration of Douglas Rettew, #4 Exhibit Exhibits 1-7 to Douglas Rettew Declaration, #5 Proposed Order)(Sinha, Malvika). *Added MOTION for Preliminary Injunction, MOTION for Alternative Service on 1/8/2024 (CSL).
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Filing 9
SUMMONS Submitted by Whaleco Incorporated. (Sinha, Malvika)
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Filing 8
Summons Issued as to Kape Technologies (Cyprus) Limited. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
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Filing 7
SUMMONS Submitted by Whaleco Incorporated. (Sinha, Malvika)
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Remark: Pro hac vice motion(s) granted for B Brett Heavner on behalf of Plaintiff Whaleco Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 6
ORDER: IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on March 12, 2024. (See attached Order). Signed by Judge John J Tuchi on 12/14/2023. (JAMA)
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Filing 5
ORDER: IT IS HEREBY ORDERED that motions to dismiss pursuant to Fed. R. Civ. P.12(b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defectthat would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order on Defendants. Signed by Judge John J Tuchi on 12/14/2023. (JAMA)
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Remark: Pro hac vice motion(s) granted for Douglas A Rettew on behalf of Plaintiff Whaleco Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 4
Filing fee paid, receipt number AAZDC-22564802. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-23-2578-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (WLP)
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Filing 3
NOTICE of Filing - AO 120 Report on the Filing or Determination of an Action or Appeal Regarding a Patent or Trademark filed by Whaleco Incorporated. (WLP)
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Filing 2
Corporate Disclosure Statement by Whaleco Incorporated identifying Corporate Parent PPD Holdings Incorporated for Whaleco Incorporated (submitted by Malvika Sinha). (WLP)
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Filing 1
COMPLAINT. Filing fee received: $ 405.00, receipt number AAZDC-22564802 filed by Whaleco Incorporated (submitted by Malvika Sinha). (Attachments: #1 Exhibits 1-18, #2 Civil Cover Sheet)(WLP)
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