NextEngine Inc. v. NextEngine, Inc. et al
| NextEngine Inc. |
| NextEngine, Inc. and Mark S. Knighton |
| 2:2019cv00249 |
| January 11, 2019 |
| US District Court for the Central District of California |
| Maria A Audero |
| Andre Birotte |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2021. A more recent docket listing may be available from PACER.
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Filing 33
MINUTE [In Chambers] Order to Show Cause Regarding Dismissal for Lack of Prosecution by Judge Andre Birotte Jr: The Court, on its own motion, orders Plaintiff(s) to show cause, in writing, on or before 3/14/2019, why this action should not be dismissed for lack of prosecution. (jp)
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Filing 32
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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Filing 31
ORDER TO TRANSFER CASE TO THE PATENT PILOT PROGRAM by Judge Virginia A. Phillips. Case transferred from Judge Virginia A. Phillips to Judge Andre Birotte Jr for all further proceedings. Case number now reads 2:19-cv-00249 AB(MAAx). (rn)
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Filing 30
STANDING ORDER by Judge Virginia A. Phillips. (bh)
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Filing 26
ORIGINAL file, certified copy of transfer order and docket sheet received from New York Southern
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Filing 29
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
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Filing 28
NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips and Magistrate Judge Maria A. Audero. (lh)
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Filing 27
NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:17-cv-09785-JPO, from U.S. District Court Southern District of New York (Foley Square). The above-referenced case has been transferred to this district and assigned the above civil case number 2:19-cv-00249 VAP (MAAx). (lh)
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Central District of California (jca) [Transferred from New York Southern on 1/14/2019.]
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Filing 25
OPINION AND ORDER: For the foregoing reasons, it is hereby ORDERED that this action be transferred to the U.S. District Court for the Central District of California. Pursuant to Local Civil Rule 83.1, the Clerk shall, upon the expiration of seven days, effectuate the transfer of the case to the Central District of California. Accordingly, Defendants motion to dismiss for improper venue and lack of personal jurisdiction is DENIED AS MOOT. The Clerk of Court is directed to close the motion at Docket Number 17. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/2/2019) (jca) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 1/14/2019.]
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Filing 24
LETTER addressed to Judge J. Paul Oetken from Johnny Kim dated December 13, 2018 re: Pending Motion to Dismiss & Venue Transfer. Document filed by Mark S. Knighton, NextEngine, Inc..(Kim, Johnny) [Transferred from New York Southern on 1/14/2019.]
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Filing 23
LETTER addressed to Judge J. Paul Oetken from Roman A. Popov dated December 13, 2018 re: Transfer of Venue. Document filed by NextEngine Inc..(Popov, Roman) [Transferred from New York Southern on 1/14/2019.]
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Filing 22
ORDER: Accordingly, the parties are invited to submit letters addressing whether personal jurisdiction would likely exist in the Central District of California, and whether such a transfer would be in the interest of justice. The parties' letters should be submitted on or before December 13, 2018, and should be no longer than 5 single-spaced pages. (As further set forth in this Order.) (Signed by Judge J. Paul Oetken on 11/28/2018) (cf) [Transferred from New York Southern on 1/14/2019.]
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Filing 21
REPLY MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss for Improper Venue or Lack of Personal Jurisdiction. . Document filed by Mark S. Knighton, NextEngine, Inc.. (Kim, Johnny) [Transferred from New York Southern on 1/14/2019.]
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Filing 20
MEMORANDUM OF LAW in Opposition re: #17 MOTION to Dismiss for Improper Venue or Lack of Personal Jurisdiction. . Document filed by NextEngine Inc.. (Attachments: #1 Exhibit Declaration of Roman A. Popov)(Popov, Roman) [Transferred from New York Southern on 1/14/2019.]
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Filing 19
ORDER granting #16 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) [Transferred from New York Southern on 1/14/2019.]
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Filing 18
MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss for Improper Venue or Lack of Personal Jurisdiction. . Document filed by Mark S. Knighton, NextEngine, Inc.. (Kim, Johnny) [Transferred from New York Southern on 1/14/2019.]
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Filing 17
MOTION to Dismiss for Improper Venue or Lack of Personal Jurisdiction. Document filed by Mark S. Knighton, NextEngine, Inc.. Responses due by 3/19/2018(Kim, Johnny) [Transferred from New York Southern on 1/14/2019.]
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Filing 16
MOTION for Johnny Kim to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mark S. Knighton, NextEngine, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit Declaration of Johnny Kim, #3 Text of Proposed Order Proposed Order)(Kim, Johnny) [Transferred from New York Southern on 1/14/2019.]
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Filing 15
ORDER granting #14 Letter Motion for Extension of Time. GRANTED. DEFENDANTS SHALL ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT BY MARCH 2, 2018. SO ORDERED, (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) [Transferred from New York Southern on 1/14/2019.]
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Filing 14
LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge J. Paul Oetken from Johnny Kim dated February 22, 2018. Document filed by Mark S. Knighton, NextEngine, Inc..(Kim, Johnny) [Transferred from New York Southern on 1/14/2019.]
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Filing 13
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Johnny Kim in Support re: #12 MOTION for Johnny Kim to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14733771. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Mark S. Knighton, NextEngine, Inc.. (Attachments: #1 Exhibit State Bar Public Profile)(Kim, Johnny) Modified on 2/23/2018 (ma). [Transferred from New York Southern on 1/14/2019.]
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Johnny Kim to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) [Transferred from New York Southern on 1/14/2019.]
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Johnny Kim to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14733771. Motion and supporting papers to be reviewed by Clerk's Office staff., #13 Declaration in Support of Motion,.. The filing is deficient for the following reason(s): ALL DOCUMENTS FOR PRO HAC VICES MUST BE SUBMITTED IN ONE SINGLE FILING, PLEASE CONTACT US AT 212.805.0800 FOR FURTHER ASSISTANCE.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma) [Transferred from New York Southern on 1/14/2019.]
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Filing 12
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Johnny Kim to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14733771. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mark S. Knighton, NextEngine, Inc.. (Attachments: #1 Text of Proposed Order)(Kim, Johnny) Modified on 2/23/2018 (ma). [Transferred from New York Southern on 1/14/2019.]
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Filing 11
WAIVER OF SERVICE RETURNED EXECUTED. Mark S. Knighton waiver sent on 12/21/2017, answer due 2/20/2018; NextEngine, Inc. waiver sent on 12/21/2017, answer due 2/20/2018. Document filed by NextEngine Inc.. (Popov, Roman) [Transferred from New York Southern on 1/14/2019.]
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Filing 10
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) [Transferred from New York Southern on 1/14/2019.]
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Filing 9
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) [Transferred from New York Southern on 1/14/2019.]
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Filing 8
AMENDED STANDING ORDER IN RE IMPLEMENTATION OF PATENT PILOT PROGRAM IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 21, 2011). It appearing that the Court has elected to participate in the Pilot Project for Patent Cases established pursuant to Pub L. No. 111-349, 124 Stat. 3674. Therefore, effective November 21, 2011, the Court's participation in the Patent Pilot Project will commence and shall include pro se cases. The Pilot program will be subject to the following procedures: When a designated Pilot judge receives a patent case on initial assignment, the case shall be assigned to that judge for all purposes, without further notice to the Assignment Committee and the Case Assignment Unit.... (Signed by Judge Loretta A. Preska on 3/29/2012) (wb) [Transferred from New York Southern on 1/14/2019.]
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Mark S. Knighton, NextEngine, Inc. (vf) [Transferred from New York Southern on 1/14/2019.]
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PATENT FORM. Notice to Attorney Roman Popov re: Document No. #2 AO 120 Form Patent/Trademark - Notice of Submission by Attorney, #3 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the Court Name and/or Location field on the AO 120 Patent/Trademark form was not completed by the attorney. Do not re-file the form. The Court has corrected the deficiency/deficiencies. (vf) [Transferred from New York Southern on 1/14/2019.]
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (vf) [Transferred from New York Southern on 1/14/2019.]
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Case Designated ECF. (vf) [Transferred from New York Southern on 1/14/2019.]
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Magistrate Judge Robert W. Lehrburger 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: #http://nysd.uscourts.gov/forms.php. (vf) [Transferred from New York Southern on 1/14/2019.]
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Case Eligible for Patent Pilot Program. (vf) [Transferred from New York Southern on 1/14/2019.]
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to NextEngine, Inc. and Mark S. Knighton, re: #1 Complaint. Document filed by NextEngine Inc.. (Popov, Roman) [Transferred from New York Southern on 1/14/2019.]
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NextEngine Inc..(Popov, Roman) [Transferred from New York Southern on 1/14/2019.]
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Filing 4
CIVIL COVER SHEET filed. (Popov, Roman) [Transferred from New York Southern on 1/14/2019.]
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Filing 3
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Popov, Roman) [Transferred from New York Southern on 1/14/2019.]
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Filing 2
AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Popov, Roman) [Transferred from New York Southern on 1/14/2019.]
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Filing 1
COMPLAINT against Mark S. Knighton, NextEngine, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-14473506)Document filed by NextEngine Inc..(Popov, Roman) [Transferred from New York Southern on 1/14/2019.]
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