David Austin Roses Limited v. Jessie's Nursery LLC et al
Plaintiff: David Austin Roses Limited
Defendant: Jessie's Nursery LLC doing business as JessiesRoseUSA, Sheng Zhang, Unknown Zhang and Tao Zhang
Case Number: 2:2024cv00372
Filed: February 22, 2024
Court: US District Court for the District of Arizona
Presiding Judge: John J Tuchi
Nature of Suit: Property Rights: Patent
Cause of Action: 35 U.S.C. § 271 Patent Infringement
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 4, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 4, 2024 Opinion or Order Filing 23 ORDER: Telephonic Scheduling Conference set for 5/9/2024 at 09:00 AM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. (See attached Order). Signed by Judge John J Tuchi on 4/4/2024. (JAMA)
April 3, 2024 Filing 22 NOTICE of Filing - AO 120 Report on the Filing or Determination of an Action or Appeal Regarding a Patent or Trademark filed by Jessie's Nursery LLC, Sheng Zhang, Unknown Zhang. (Shull, Jason)
April 2, 2024 Filing 21 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 #19 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. (DXD)
April 1, 2024 Filing 20 Corporate Disclosure Statement by Jessie's Nursery LLC, Sheng Zhang, Unknown Zhang. (Shull, Jason)
April 1, 2024 Filing 19 ANSWER to #1 Complaint with Jury Demand by Jessie's Nursery LLC, Sheng Zhang, Unknown Zhang.(Shull, Jason)
March 25, 2024 Opinion or Order Filing 18 ORDER: IT IS ORDERED granting in part and denying in part Defendant Sheng Zhang's Motion for Extension of Time to File Answer (Doc. #16 ). Defendants shall answer the Complaint (Doc. #1 ) by April 1, 2024. Signed by Judge John J Tuchi on 3/25/2024. (JAMA)
March 25, 2024 Filing 17 RESPONSE in Opposition re: #16 MOTION for Extension of Time to File Answer re: #1 Complaint Plaintiff's Opposition to Defendants' Motion for Extension of Time to File Answer filed by David Austin Roses Limited. (Attachments: #1 Exhibit A)(Samuels, Bruce)
March 21, 2024 Filing 16 MOTION for Extension of Time to File Answer re: #1 Complaint by Sheng Zhang. (DXD)
March 21, 2024 Filing 15 REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Sheng Zhang. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (BAS)
March 11, 2024 Filing 14 SERVICE EXECUTED filed by David Austin Roses Limited: Certificate of Service re: Summons [DE 6], Complaint [DE 1], Civil Cover Sheet [DE 8], Corporate Disclosure Statement [DE 2], Magistrate Judge Availability Form [DE 4], Order [DE 10], Report re Patent or Trademark [DE 11] upon Tao Zhang (John Doe Zhang) on 03/01/2024. (Samuels, Bruce)
March 11, 2024 Filing 13 SERVICE EXECUTED filed by David Austin Roses Limited: Certificate of Service re: Summons [DE 6], Complaint [DE 1], Civil Cover Sheet [DE 8], Corporate Disclosure Statement [DE 2], Magistrate Judge Availability Form [DE 4], Order [DE 10], Report re Patent or Trademark [DE 11] upon Sheng Zhang on 03/01/2024. (Samuels, Bruce)
March 11, 2024 Filing 12 SERVICE EXECUTED filed by David Austin Roses Limited: Certificate of Service re: Summons [DE 6], Complaint [DE 1], Civil Cover Sheet [DE 8], Corporate Disclosure Statement [DE 2], Magistrate Judge Availability Form [DE 4], Order [DE 10], Report re Patent or Trademark [DE 11] upon Jessie's Nursery, LLC dba JessiesRoseUSA on 03/01/2024. (Samuels, Bruce)
February 29, 2024 Remark: Pro hac vice motion(s) granted for Bridget H Labutta, Travis Bliss on behalf of Plaintiff David Austin Roses Limited. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
February 28, 2024 Filing 11 *NOTICE of Filing - AO 120 Report on the Filing or Determination of an Action or Appeal Regarding a Patent or Trademark filed by David Austin Roses Limited. (Huang, Lindsey) *Modified from report to notice of filing on 2/29/2024 (DXD).
February 23, 2024 Opinion or Order Filing 10 ORDER: IT IS 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 defect that 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. (See attached Order). Signed by Judge John J Tuchi on 2/23/2024. (JAMA)
February 23, 2024 Opinion or Order Filing 9 ORDER: IT IS 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 May 23, 2024. (See attached Order). Signed by Judge John J Tuchi on 2/23/2024. (JAMA)
February 23, 2024 Filing 8 Additional Attachments to Main Document re: #1 Complaint Civil Cover Sheet by Plaintiff David Austin Roses Limited. (Samuels, Bruce)
February 22, 2024 Filing 7 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by David Austin Roses Limited. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please submit the Automated Civil Cover Sheet using the following: Civil, Other Filings, Other Documents, Additional Attachment to Main Document and link to the Complaint. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK)
February 22, 2024 Filing 6 Summons Issued as to Jessie's Nursery LLC, Sheng Zhang, Unknown Zhang. (Attachments: #1 Summons, #2 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
February 22, 2024 Filing 5 MINUTE ORDER: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Plaintiff shall complete the form that is applicable to this particular case. In some cases, you may need to complete both forms.Within seven (7) days, Plaintiff 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 neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading. (REK)
February 22, 2024 Filing 4 Filing fee paid, receipt number AAZDC-22778950. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-24-00372-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK)
February 22, 2024 Filing 3 SUMMONS Submitted by David Austin Roses Limited. (submitted by Bruce Samuels) (Attachments: #1 Summons, #2 Summons)(REK)
February 22, 2024 Filing 2 Corporate Disclosure Statement by David Austin Roses Limited. (submitted by Bruce Samuels) (REK)
February 22, 2024 Filing 1 COMPLAINT. Filing fee received: $405.00, receipt number AAZDC-22778950 filed by David Austin Roses Limited. (submitted by Bruce Samuels) (Attachments: #1 Exhibit A-O, #2 Exhibit P-Z, #3 Civil Cover Sheet)(REK)

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Plaintiff: David Austin Roses Limited
Represented By: Bridget H Labutta
Represented By: Bruce Edward Samuels
Represented By: Lindsey Marie Huang
Represented By: Travis W Bliss
Represented By: Travis Bliss
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Defendant: Jessie's Nursery LLC doing business as JessiesRoseUSA
Represented By: Jason Steven Shull
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Defendant: Sheng Zhang
Represented By: Jason Steven Shull
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Defendant: Unknown Zhang
Represented By: Jason Steven Shull
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Defendant: Tao Zhang
Represented By: Jason Steven Shull
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