Footprint International LLC v. Footprint Asia Limited et al
| Footprint International LLC |
| Footprint Asia Limited, Eugene Chua, Shanghai Footprint Lvke Environmental Protection Technology Group Company Limited doing business as G-COVE, Cary Newton and Jennifer Newton |
| 2:2024cv00093 |
| January 12, 2024 |
| US District Court for the District of Arizona |
| David G Campbell |
| Property Rights: Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on April 10, 2024. A more recent docket listing may be available from PACER.
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| Filing 56 REPLY to Response to Motion re: #36 MOTION for Reconsideration Reply in Support of Motion to Reconsider Order Granting Plaintiff's Motion for Alternative Services filed by Eugene Chua, Footprint Asia Limited. (Samuels, Bruce) |
| Filing 55 RESPONSE in Opposition re: #38 MOTION for Protective Order Regarding Disclosure of Customer Names filed by Eugene Chua, Footprint Asia Limited. (Attachments: #1 Exhibits 1-7, #2 Exhibits 8-10)(Robles, Heather) |
| Filing 54 RESPONSE in Opposition re: #36 MOTION for Reconsideration filed by Footprint International LLC. (Attachments: #1 Exhibit 1)(Cabou, Jean-Jacques) |
| Filing 53 NOTICE re: Defendants Cary and Jennifer Newton's Notice Regarding Copyright, Trademark or Patent Information by Cary Newton, Jennifer Newton . (Ruth, Marvin) |
Filing 52
ORDER granting #51 Motion for Extension of Time for China Defendants to Answer. See attachment for details. Signed by Senior Judge David G Campbell on 2/27/24. (CLB)
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| Filing 51 MOTION for Extension of Time to File Answer re: #1 Complaint Unopposed Motion to Extend Deadline to File a Responsive Pleading (First Request) by Eugene Chua, Footprint Asia Limited. (Attachments: #1 Proposed Order)(Robles, Heather) |
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Filing 50
ORDER denying Plaintiff's #5 motion for a preliminary injunction. The Court will rule on the motion for reconsideration and the motion for a protective order (Docs. #36 , #38 ) after they are fully briefed. See attachment for details. Signed by Senior Judge David G Campbell on 2/26/24. (CLB)
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Filing 49
ORDER. The Court concludes that Plaintiff should respond to Defendants' motion for reconsideration. Plaintiff should respond to all of Defendants' arguments, including the following issues: (1) The primary case relied on by Plaintiff, and by the Court in granting Plaintiff's motion, was Rio Properties, Inc. v. Rio Int'l Interlink, 284 F.3d 1007 (9th Cir. 2002). That case, however, did not address the Hague Convention or its effect on whether to grant alternative service under Rule 4(f)(3). Indeed, the Hague Convention was not at issue because Costa Rica -- the country where the defendant was located -- is not a signatory to the Convention. Id. at 1015 n.4. (2) The 1993 advisory committee notes to Rule 4(f) can be read as suggesting that Hague Convention procedures should be used when the Convention applies. See Fed. R. Civ. P. 4(f)(1), 1993 advisory committee notes ("Use of the Convention procedures, when available, is mandatory if documents must be transmitted abroad to effect service."); Fed. R. Civ. P. 4(f)(3), 1993 advisory committee notes (In cases where Convention procedures fail, "the court may direct a special method of service not explicitly authorized by international agreement if not prohibited by the agreement."). (3) Plaintiff should address the cases cited by Defendants for the proposition that email service is not permitted in a country that has signed the Hague Convention and objected to its mail provisions. See Doc. 36 at 6 & n. 4. Plaintiff shall file its response by one week from today. Defendants shall file a reply by March 6, 2024. Signed by Senior Judge David G Campbell on 2-23-24. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Filing 48 MINUTE ORDER: Supplemental Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. An answer, amended complaint, or other pleading #47 has been filed that may include additional trademarks, patents, or copyrights allegedly violated that were not previously included. Attached to this docket entry are the required form(s) that may need to be completed by the party who filed the above document.If your recently filed pleading adds or changes information related to the original patents, trademarks, or copyright allegations, please complete the form that is applicable to this particular case. In some cases, you may need to complete both forms. Within seven (7) days, you must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form.If there are no changes to the copyright, trademark, or patent information previously submitted for this case, then the party who filed the above document must file a Notice, within seven (7) days, indicating such using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. (EJA) |
| Filing 47 ANSWER to #1 Complaint with Jury Demand Defendants Cary and Jennifer Newton's Answer by Cary Newton, Jennifer Newton.(Ruth, Marvin) |
| Filing 46 MINUTE ORDER re Exhibits. The exhibits marked are returned to respective counsel. Counsel are directed to retain custody of the exhibits until the case has been completely terminated, including all appeals, pursuant to LRCiv 79.1. (KFZ) |
| Filing 45 Exhibit List by Eugene Chua, Footprint Asia Limited, Cary Newton, Jennifer Newton. (KFZ) |
| Filing 44 Exhibit List by Footprint International LLC. (KFZ) |
| Filing 43 Witness List by Eugene Chua, Footprint Asia Limited, Cary Newton, Jennifer Newton. (KFZ) |
| Filing 42 Witness List by Footprint International LLC. (KFZ) |
| Filing 41 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Preliminary Injunction Hearing held on 2/20/2024. Exhibits 1-41 and 100-123 admitted by stipulation of the parties. Collin Euteneuer is sworn and examined. Recess taken. Collin Euteneuer testifies further and is excused. Cary Newton is sworn, examined and excused. Exhibit 124 is marked and admitted. Argument presented. IT IS ORDERED taking under advisement #5 Motion for Preliminary Injunction. APPEARANCES: Jean-Jacques Cabou, Margo Casselman, and Thomas Holt for Plaintiff. Client Representative Steve Burdumy is also present. Robert McKirgan, Heather Robles, and Bruce Samuels for Defendants Eugene Chua and Footprint Asia Limited. Marvin Ruth for Newton Defendants. Cary Newton is also present. (Court Reporter Teri Veres.) Hearing held 1:01 PM to 2:42 PM and 2:58 PM to 4:24 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) |
| Filing 40 REPLY to Response to Motion re: #5 MOTION for Preliminary Injunction filed by Footprint International LLC. (Cabou, Jean-Jacques) (Attachments: #1 Exhibit 1-2)(EJA) |
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Filing 39
ORDER: The Motion (Doc. #34 ) is GRANTED. The Clerk's Office is directed to file the Reply (lodged at Doc. #35 ). Signed by Senior Judge David G Campbell on 2/20/24. (EJA)
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| Filing 38 MOTION for Protective Order Regarding Disclosure of Customer Names by Footprint International LLC. (Attachments: #1 Proposed Order)(Holt, Thomas) |
| Filing 37 NOTICE of Errata re: #28 Lodged Proposed Document,, by Defendants Eugene Chua, Footprint Asia Limited.. (Attachments: #1 Exhibit Second Revised Declaration)(Robles, Heather) |
| Filing 36 *MOTION for Reconsideration re: #19 Order by Eugene Chua, Footprint Asia Limited. (Attachments: #1 Proposed Order)(Robles, Heather) *Modified to add linkage on 2/20/2024 (EJA). |
| Filing 35 *Filed at (Doc. #40 ) LODGED Proposed Reply in Support of Motion for Preliminary Injunction re: #34 MOTION for Leave to File Excess Pages for Reply in Support of Motion for Preliminary Injunction (Unopposed). Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Footprint International LLC. (Attachments: #1 Exhibit 1-2)(Cabou, Jean-Jacques) Modified on 2/20/2024 (EJA). |
| Filing 34 MOTION for Leave to File Excess Pages for Reply in Support of Motion for Preliminary Injunction (Unopposed) by Footprint International LLC. (Attachments: #1 Proposed Order)(Cabou, Jean-Jacques) |
| Filing 33 *NOTICE of Errata and Supplement to #30 Response to Motion for Preliminary Injunction by Defendants Eugene Chua, Footprint Asia Limited.. (Attachments: #1 Exhibit)(Robles, Heather) *Modified to add linkage on 2/16/2024 (EJA). |
| Filing 32 NOTICE re: Joint Notice of Intent to Present Evidence by Footprint International LLC . (Cabou, Jean-Jacques) |
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Filing 31
STIPULATED ORDER GRANTING PRELIMINARY INJUNCTION AGAINST DEFENDANTS CARY AND JENNIFER NEWTON (Doc. #21 ). See document for complete details. Signed by Senior Judge David G Campbell on 2/13/24. (EJA)
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| Filing 30 RESPONSE to Motion re: #5 MOTION for Preliminary Injunction, #21 Joint MOTION for Preliminary Injunction filed by Eugene Chua, Footprint Asia Limited (Robles, Heather). (Attachments: #1 Exhibit 1, #2 Exhibit 1A, #3 Exhibit 1B, #4 Exhibit 1C, #5 Exhibit 1D, #6 Exhibit 1E, #7 Exhibit 1F, #8 Exhibit 1G, #9 Exhibit 1H, #10 Exhibit 1I, #11 Exhibit 1J, #12 Exhibit 1K, #13 Exhibit 1L)(EJA) |
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Filing 29
ORDER granting Chua and FPA's motion at Doc. #27 . The Clerk's Office is directed to file the lodged Response at Doc. #28 . Signed by Senior Judge David G Campbell on 2/12/24. (EJA)
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| Filing 28 *Filed at (Doc. #30 ) LODGED Proposed Response to Motion for Preliminary Injunction re: #27 MOTION Exceed page limits . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Eugene Chua, Footprint Asia Limited. (Attachments: #1 Exhibit 1, #2 Exhibit 1A, #3 Exhibit 1B, #4 Exhibit 1C, #5 Exhibit 1D, #6 Exhibit 1E, #7 Exhibit 1F, #8 Exhibit 1G, #9 Exhibit 1H, #10 Exhibit 1I, #11 Exhibit 1J, #12 Exhibit 1K, #13 Exhibit 1L)(Robles, Heather) Modified on 2/12/2024 (EJA). |
| Filing 27 MOTION Exceed page limits by Eugene Chua, Footprint Asia Limited. (Attachments: #1 Proposed Order)(Robles, Heather) |
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Filing 26
ORDER granting the parties' #23 Stipulation. The deadline for Defendants Chua Ee Hong ("Chua") and Footprint Asia Limited ("FPA") to file their Response to Plaintiff's Motion for Preliminary Injunction and Supplemental Brief on Jurisdiction is extended from February 7, 2024, to February 9, 2024. IT IS FURTHER ORDERED extending the deadline for Plaintiff's Reply in support of its Motion from February 14, 2024, to February 16, 2024. Ordered by Senior Judge David G Campbell on 2/8/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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Filing 25
ORDER granting #24 Motion for Extension of Time to Answer Complaint. Defendants Cary and Jennifer Newton shall have until February 21, 2024, to respond to Plaintiff's Complaint. Signed by Senior Judge David G Campbell on 2/7/2024. (CLB)
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| Filing 24 MOTION for Extension of Time to File Answer re: #1 Complaint Stipulated Motion to Extend Time for Cary and Jennifer Newton to Respond to Complaint [First Request] by Cary Newton, Jennifer Newton. (Attachments: #1 Proposed Order)(Ruth, Marvin) |
| Filing 23 STIPULATION re: #5 MOTION for Preliminary Injunction, #17 Supplement Stipulation for Extension of Deadlines by Eugene Chua, Footprint Asia Limited. (Attachments: #1 Proposed Order)(Robles, Heather) |
| Filing 22 NOTICE of Appearance by Heather Anne Robles on behalf of Eugene Chua, Footprint Asia Limited. (Robles, Heather) |
| Filing 21 Joint MOTION for Preliminary Injunction by Footprint International LLC. (Attachments: #1 Exhibit)(Cabou, Jean-Jacques) |
| Filing 20 SERVICE EXECUTED filed by Footprint International LLC: Declaration of Service re: Order (Doc. 19); Summons to Footprint Asia Limited (Doc. 8); Summons to Eugene Chua (Doc. 8-1); Summons to Shanghai Footprint Lvke Environmental Protection Technology Group Co., Ltd., doing business as G-COVE (Doc. 8-2); Verified Complaint (Doc. 1); Motion for Preliminary Injunction, Memorandum in Support, and supporting exhibits and Declaration of Margo Casselman (Docs. 5, 5-1, 5-2, 5-3, 5-4, and 6); Civil Cover Sheet (Doc. 1-1); Corporate Disclosure Statement (Doc. 3); and Report on the Filing or Determination of an Action Regarding a Patent or Trademark (Doc. 4) . (Attachments: #1 Exhibit A)(Casselman, Margo) |
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Filing 19
ORDER granting #18 Motion for Alternative Service. Signed by Senior Judge David G Campbell on 2/6/24. (CLB)
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| Filing 18 MOTION Alternative Service and Memorandum in Support by Footprint International LLC. (Attachments: #1 Exhibit A-B, #2 Proposed Order)(Holt, Thomas) |
| Filing 17 SUPPLEMENT Brief on Jurisdiction by Plaintiff Footprint International LLC. (Attachments: #1 Exhibit)(Holt, Thomas) |
| Filing 16 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Status Conference held on 1/19/2024. Discussion is held as to Plaintiffs intended method of service of the remaining unserved defendants and the jurisdictional issues that may arise. The status of the case and its trajectory moving forward is addressed. Upon agreement of the parties, IT IS ORDERED setting Preliminary Injunction Hearing for 2/20/2024 at 01:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. IT IS FURTHER ORDERED that Plaintiff shall supplement its Motion for Preliminary Injunction to include the jurisdictional issues raised at today's hearing by 1/26/2024. Defendants shall respond to the Motion for Preliminary Injunction and the supplement by 2/7/2024. Plaintiff's reply is due by 2/14/2024. APPEARANCES: Jean-Jacques Cabou, Margo Casselman, and Thomas Holt for Plaintiff. Marvin Ruth for Newton Defendants. (Court Reporter Elaine Cropper.) Hearing held 10:59 AM to 11:17 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) |
| Filing 15 SERVICE EXECUTED filed by Footprint International LLC: Acceptance of Service re: Verified Complaint, Summonses and Motion for Preliminary Injunction upon Cary Newton and Jennifer Newton on January 17, 2024. (Casselman, Margo) |
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Filing 14
ORDER granting #9 Motion for Hearing: A Status Conference is set for 1/19/2024 at 11:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Ordered by Senior Judge David G Campbell on 1/17/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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| Filing 13 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge David G Campbell. All further pleadings/papers should now list the following COMPLETE case number: CV-24-00093-PHX-DGC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 11 NOTICE of Appearance by Marvin Christopher Ruth on behalf of Cary Newton, Jennifer Newton. (Ruth, Marvin) |
| Remark: Pro hac vice motion(s) granted for Thomas Holt on behalf of Plaintiff Footprint International LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 12 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 9 MOTION for Hearing or Conference re: Status Conference by Footprint International LLC. (Attachments: #1 Exhibit A-C, #2 Proposed Order)(Casselman, Margo) |
| Filing 8 Summons Issued as to Eugene Chua, Footprint Asia Limited, Cary Newton, Jennifer Newton, Shanghai Footprint Lvke Environmental Protection Technology Group Company Limited. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 7 Filing fee paid, receipt number AAZDC-22656951. This case has been assigned to the Honorable Alison S Bachus. All future pleadings or documents should bear the correct case number: CV-24-00093-PHX-ASB. Magistrate Election form attached. (Attachments: #1 Magistrate Consent Form)(REK) |
| Filing 6 DECLARATION of Margo R Casselman re: #5 MOTION for Preliminary Injunction by Plaintiff Footprint International LLC. (submitted by Jean-Jacques Cabou) (REK) |
| Filing 5 MOTION for Preliminary Injunction and Memorandum in Support by Footprint International LLC. (submitted by Jean-Jacques Cabou) (Attachments: #1 Exhibit 1-2, #2 Exhibit 3A-C, #3 Exhibit 4-13, #4 Proposed Order)(REK) |
| Filing 4 NOTICE of Filing - AO 120 Report on the Filing or Determination of an Action or Appeal Regarding a Patent or Trademark filed by Footprint International LLC. (submitted by Jean-Jacques Cabou) (REK) |
| Filing 3 Corporate Disclosure Statement by Footprint International LLC. (submitted by Jean-Jacques Cabou) (REK) |
| Filing 2 SUMMONS Submitted by Footprint International LLC. (submitted by Jean-Jacques Cabou) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(REK) |
| Filing 1 COMPLAINT. Filing fee received: $405.00, receipt number AAZDC-22656951 filed by Footprint International LLC. (submitted by Jean-Jacques Cabou) (Attachments: #1 Civil Cover Sheet)(REK) |
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