Thimes Solutions Inc. v. TP Link USA Corporation et al
| Thimes Solutions Inc. |
| 3PM Shield LLC, TP Link USA Corporation, Prevagen, Inc., Mikhail J Fikhman, Auction Brothers, Inc., Auction Brothers, Inc. doing business as Amazzia and Mikhail J Fikhman doing business as Amazzia |
| 2:2019cv10374 |
| December 6, 2019 |
| US District Court for the Central District of California |
| Percy Anderson |
| Charles F Eick |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 86
Joint NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint , Joint NOTICE OF MOTION AND MOTION to Strike Plaintiff's Trade Libel and Tortious Interference Claims Amended Complaint/Petition #78 filed by Defendant TP Link USA Corporation. Motion set for hearing on 3/9/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order) (Smerek, Stephen)
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Filing 85
Notice of Appearance or Withdrawal of Counsel: for attorney Christopher J Hammond counsel for Plaintiff Thimes Solutions Inc.. Adding Christopher J. Hammond as counsel of record for Thimes Solutions Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiff Thimes Solutions Inc.. (Hammond, Christopher)
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Filing 84
NOTICE filed by Plaintiff THIMES SOLUTIONS INC. Thimes Solutions Inc.. that Prevagen and Mikhail Fikhman are no Linger Parties Hereto (Schlachet, Mark)
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Filing 83
ORDER by Judge Percy Anderson, re Stipulation for Extension of Time to File Response/Reply #82 . Defendants Auction Brothers, Inc.'s answer due 2/6/2020; Mikhail J Fikhman's answer due 2/6/2020; Prevagen, Inc.'s answer due 2/6/2020; TP Link USA Corporation's answer due 2/6/2020. (mrgo)
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Filing 82
STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition #78 filed by Defendant TP Link USA Corporation. (Attachments: #1 Proposed Order)(Smerek, Stephen)
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Filing 81
Notice of Appearance or Withdrawal of Counsel: for attorney Tiffany Kim Sung counsel for Defendant TP Link USA Corporation. Adding Tiffany K. Sung as counsel of record for TP LINK USA CORPORATION for the reason indicated in the G-123 Notice. Filed by Defendant TP LINK USA CORPORATION. (Attorney Tiffany Kim Sung added to party TP Link USA Corporation(pty:dft))(Sung, Tiffany)
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Filing 80
NOTICE CORRECTED REQUEST FOR NOTICES filed by PLAINTIFF THIMES SOLUTIONS INC. Thimes Solutions Inc.. (Schlachet, Mark)
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Filing 79
NOTICE Request for Notices filed by Plaintiff THIMES SOLUTIONS INC. Thimes Solutions Inc.. (Schlachet, Mark)
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Filing 78
Second AMENDED COMPLAINT against Defendants All Defendants amending COMPLAINT - event converted from ICMS, #32 , filed by Plaintiff THIMES SOLUTIONS INC. Thimes Solutions Inc. (Attachments: #1 Exhibits 1-9)(Schlachet, Mark)
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Filing 76
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Mark Schlachet to Appear Pro Hac Vice on behalf of Plaintiff Thimes Solutions Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25099257) #74 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (lom)
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Filing 75
NOTICE OF MOTION AND MOTION to Amend APPLICATION of Non-Resident Attorney Mark Schlachet to Appear Pro Hac Vice on behalf of Plaintiff Thimes Solutions Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25099257) #74 New York and Ohio Certificates of Good Standing filed by Plaintiff THIMES SOLUTIONS INC. Thimes Solutions Inc.. (Attachments: #1 Exhibit Ohio Good Standing Certificate) (Schlachet, Mark)
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Filing 77
ORDER by Judge Percy Anderson: granting #74 Non-Resident Attorney Mark Schlachet APPLICATION to Appear Pro Hac Vice on behalf of plaintiff Thimes Solutions Inc, designating Christopher J. Hammond as local counsel. (mrgo)
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Filing 74
APPLICATION of Non-Resident Attorney Mark Schlachet to Appear Pro Hac Vice on behalf of Plaintiff Thimes Solutions Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25099257) filed by Plaintiff THIMES SOLUTIONS INC. Thimes Solutions Inc.. (Attachments: #1 Signed Application App PHV, p.2, #2 Proposed Order) (Schlachet, Mark)
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Filing 73
MINUTE ORDER IN CHAMBERS - ORDER by Judge Percy Anderson. For these reasons, the Court dismisses Plaintiff's First Amended Complaint for lack of subject matter jurisdiction. The Court hereby grants Plaintiff leave to amend to attempt to establish federal subject matter jurisdiction. Plaintiff's Second Amended Complaint, if any, shall be filed no later than January 21, 2020. The failure to timely respond will result in the dismissal of this action without prejudice. Plaintiff would then be free to pursue its claims in state court. See document for details. (lom)
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Filing 72
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom)
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Filing 71
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03 (Related Case) filed. Transfer of case declined by Judge Josephine L. Staton, for the reasons set forth on this order. Related Case No. 8:19-cv-00082 JLS(KESx) (rn)
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Filing 70
NOTICE of Related Case(s) filed by Defendant Auction Brothers, Inc.. (Joinder) Related Case(s): 8:19-cv-00082-JLS-KES (Kessler, Daniel)
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Filing 69
CERTIFICATE of Interested Parties filed by Defendant Auction Brothers, Inc., identifying Defendant. (Attorney Daniel J Kessler added to party Auction Brothers, Inc.(pty:dft))(Kessler, Daniel)
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Filing 68
RESPONSE filed by Defendant TP Link USA Corporationto Notice of Related Case(s) #65 (Smerek, Stephen)
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Filing 67
NOTICE of Interested Parties filed by Defendant TP Link USA Corporation, (Smerek, Stephen)
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Filing 66
RESPONSE filed by Pro Hac Vice attorney Patrick Thomas McPartland on behalf of Defendants Auction Brothers, Inc., Mikhail J Fikhman. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt)
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Filing 65
NOTICE of Related Case(s) filed by Plaintiff THIMES SOLUTIONS INC. Thimes Solutions Inc.. Related Case(s): 8:19-CV-00082 (Schlachet, Mark)
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Filing 64
Notice of Appearance or Withdrawal of Counsel: for attorney Alton G Burkhalter counsel for Defendants Auction Brothers, Inc., Mikhail J Fikhman. Adding Alton G. Burkhalter as counsel of record for Mikhail Fikhman dba Amazzia and Auction Brothers, Inc. dba Amazzia for the reason indicated in the G-123 Notice. Filed by Defendants Mikhail Fikhman dba Amazzia; Auction Brothers, Inc. dba Amazzia. (Attorney Alton G Burkhalter added to party Auction Brothers, Inc.(pty:dft), Attorney Alton G Burkhalter added to party Mikhail J Fikhman (pty:dft))(Burkhalter, Alton)
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Filing 63
Notice of Appearance or Withdrawal of Counsel: for attorney Andrew Michael Cummings counsel for Defendants Auction Brothers, Inc., Mikhail J Fikhman. Adding Andrew M. Cummings as counsel of record for Mikhail Fikhman dba Amazzia and Auction Brothers, Inc. dba Amazzia for the reason indicated in the G-123 Notice. Filed by Defendants Mikhail Fikhman dba Amazzia; Auction Brothers, Inc. dba Amazzia. (Attorney Andrew Michael Cummings added to party Auction Brothers, Inc.(pty:dft), Attorney Andrew Michael Cummings added to party Mikhail J Fikhman (pty:dft))(Cummings, Andrew)
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Filing 62
NOTICE of Pro Hac Vice Application Due filed by Plaintiff THIMES SOLUTIONS INC. Thimes Solutions Inc.. (Schlachet, Mark)
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Filing 61
RESPONSE filed by Pro Hac Vice attorney David Nyce Kittredge on behalf of Defendant Mikhail J Fikhman. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt)
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Filing 60
RESPONSE filed by Pro Hac Vice attorney Jared Evan Blumetti on behalf of Defendant Mikhail J Fikhman. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt)
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Filing 59
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney James C Ng. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap)
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Filing 58
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jared Evan Blumetti. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap)
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Filing 57
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney David Nyce Kittredge. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap)
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Filing 56
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Patrick Thomas McPartland. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap)
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Filing 55
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Mark Schlachet. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap)
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Filing 54
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
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Filing 53
NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Charles F. Eick. (ghap)
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Filing 52
NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:19-cv-4970-VEC, from 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-10374-PA (Ex). (ghap)
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Filing 51
ORIGINAL file, certified copy of transfer order and docket sheet received from New York Southern
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Filing 50
ORDER: IT IS HEREBY ORDERED THAT, pursuant to 28 U.S.C. 1404(a), this case is immediately TRANSFERRED to the United States District Court for the Central District of California. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/06/2019) (ama) [Transferred from New York Southern on 12/9/2019.]
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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 (ama) [Transferred from New York Southern on 12/9/2019.]
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Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 12/6/2019. (anc) [Transferred from New York Southern on 12/9/2019.]
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NOTICE of Hearing: Please be advised that the hearing currently scheduled for Friday, December 6, 2019, will be held in Courtroom 15C at 500 Pearl Street. (anc) [Transferred from New York Southern on 12/9/2019.]
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Filing 49
LETTER addressed to Judge Valerie E. Caproni from Mark Schlachet dated 11/25/2019 re: Joint CMC Letter. Document filed by Thimes Solutions Inc.. (Attachments: #1 Case Management Plan, #2 Memorandum & Order on Personal and Subject Matter Jurisdiction)(Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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Filing 48
MEMO ENDORSEMENT on re: #47 Notice (Other) filed by Thimes Solutions Inc. ENDORSEMENT: The parties must appear for a conference on December 6, 2019 at 10:00 a.m. The parties are directed to meet and confer and submit a joint letter and new proposed Case Management Plan by November 29, 2019. SO ORDERED. (Status Conference set for 12/6/2019 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 11/4/2019) (jca) [Transferred from New York Southern on 12/9/2019.]
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Filing 47
NOTICE of Failure to Settle Case in Mediation re: #44 Order Referring Case to Magistrate Judge,. Document filed by Thimes Solutions Inc.. (Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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Filing 46
ORDER granting #45 Letter Motion to Reopen, to the extent the motion seeks the cancellation of the in-person settlement conference scheduled for 10/29/19. In light of the representations in counsel's letter, combined with the statements made by counsel during an earlier telephone conference with this Court, this Court concludes that an in-person settlement conference would not be productive at this time, and the conference is therefore adjourned without date. Within one week of the date of this Order, the parties are directed to provide Judge Caproni with the status letter required by her Order of August 14, 2019 (Dkt. 43). Further, no later than 90 days from the date of this Order, the parties are directed to provide this Court with an update as to the potential for settlement. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra) [Transferred from New York Southern on 12/9/2019.]
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Filing 45
LETTER MOTION to Reopen / Return Case to District Court Judge Caproni addressed to Magistrate Judge Debra C. Freeman from Stephen R. Smerek dated 10/23/2019. Document filed by TP Link USA Corporation.(Smerek, Stephen) [Transferred from New York Southern on 12/9/2019.]
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Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 10/16/2019, ( Settlement Conference rescheduled for 10/29/2019 at 02:00 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman). (aba) [Transferred from New York Southern on 12/9/2019.]
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Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 9/18/2019, ( Telephone Conference set for 10/16/2019 at 10:30 AM before Magistrate Judge Debra C. Freeman). (aba) [Transferred from New York Southern on 12/9/2019.]
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Minute Entry. Settlement Conference set for 10/29/2019 at 02:00 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman. (aba) [Transferred from New York Southern on 12/9/2019.]
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Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 9/6/2019, ( Telephone Conference set for 9/18/2019 at 12:00 PM before Magistrate Judge Debra C. Freeman). (aba) [Transferred from New York Southern on 12/9/2019.]
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Set/Reset Hearings: Telephone Conference scheduled for 9/6/2019 at 02:00 PM before Magistrate Judge Debra C. Freeman. (aba) [Transferred from New York Southern on 12/9/2019.]
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Filing 44
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/14/19) (yv) [Transferred from New York Southern on 12/9/2019.]
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Filing 43
ORDER: IT IS HEREBY ORDERED THAT the Court will not enter a case management plan at this time. The deadlines for discovery and for Defendants to respond to the Complaint are STAYED pending a settlement conference with this case's assigned Magistrate Judge. No later than one week after the conclusion of the conference, the parties must submit a joint letter notifying the Court whether they were able to settle this case. (Signed by Judge Valerie E. Caproni on 8/14/2019) (rj) [Transferred from New York Southern on 12/9/2019.]
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Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 8/9/2019. (anc) [Transferred from New York Southern on 12/9/2019.]
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Filing 42
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, without prejudice and without costs against the defendant(s) Prevagen, Inc.. Document filed by Thimes Solutions Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #42 Notice of Voluntary Dismissal was reviewed and referred to Judge Valerie E. Caproni for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) [Transferred from New York Southern on 12/9/2019.]
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Filing 41
ORDER FOR ADMISSION PRO HAC VICE: granting #39 Motion for Stephen R. Smerek to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 8/06/2019) (ama) [Transferred from New York Southern on 12/9/2019.]
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Filing 40
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, without prejudice and without costs against the defendant(s) Mikhail J Fikhman. Document filed by Thimes Solutions Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #40 Notice of Voluntary Dismissal was reviewed and referred to Judge Valerie E. Caproni for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) [Transferred from New York Southern on 12/9/2019.]
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Filing 39
MOTION for Stephen R. Smerek to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17374236. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TP Link USA Corporation. (Attachments: #1 Affidavit of Stephen Smerek (with Certificates of Good Standing), #2 Text of Proposed Order)(Smerek, Stephen) [Transferred from New York Southern on 12/9/2019.]
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for Stephen R. Smerek to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17374236. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 12/9/2019.]
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Filing 38
PROPOSED CASE MANAGEMENT PLAN. Document filed by Thimes Solutions Inc.. (Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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Filing 37
PRE-CONFERENCE STATEMENT per ECF No. 21. Document filed by Thimes Solutions Inc..(Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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Filing 36
ORDER: granting #35 Letter Motion for Extension of Time to File Response/Reply. The deadline for all Defendants to answer or move to dismiss the Amended Complaint is extended to August 27, 2019. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/26/2019) (ama) [Transferred from New York Southern on 12/9/2019.]
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Set/Reset Deadlines: Auction Brothers Inc. answer due 8/27/2019; Mikhail J Fikhman answer due 8/27/2019; Prevagen, Inc. answer due 8/27/2019; TP Link USA Corporation answer due 8/27/2019. (ama) [Transferred from New York Southern on 12/9/2019.]
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Filing 35
JOINT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Valerie E. Caproni from Sean R. O'Brien dated July 25, 2019. Document filed by Prevagen, Inc..(Ng, James) [Transferred from New York Southern on 12/9/2019.]
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Filing 34
WAIVER OF SERVICE RETURNED EXECUTED. Auction Brothers Inc. waiver sent on 7/2/2019, answer due 9/3/2019. Document filed by Thimes Solutions Inc.. (Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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Filing 33
NOTICE OF APPEARANCE by David Nyce Kittredge on behalf of Auction Brothers Inc., Mikhail J Fikhman. (Kittredge, David) [Transferred from New York Southern on 12/9/2019.]
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mark Schlachet. The party information for the following party/parties has been modified: Auction Brothers Inc. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (jgo) [Transferred from New York Southern on 12/9/2019.]
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Filing 32
AMENDED COMPLAINT amending #1 Complaint, against Auction Brothers Inc., Mikhail J Fikhman, Prevagen, Inc., TP Link USA Corporation with JURY DEMAND.Document filed by Thimes Solutions Inc.. Related document: #1 Complaint,. (Attachments: #1 Exhibits Accompanying Amended Complaint)(Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Mark Schlachet to RE-FILE Document No. #31 Amended Complaint,. The filing is deficient for the following reason(s): the PDF case captionn must list all of the parties and may not contain 'et al'. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) [Transferred from New York Southern on 12/9/2019.]
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Filing 31
FILING ERROR - PDF ERROR - AMENDED COMPLAINT amending #1 Complaint, against Mikhail J Fikhman, Prevagen, Inc., TP Link USA Corporation, Auction Brothers Inc. with JURY DEMAND.Document filed by Thimes Solutions Inc.. Related document: #1 Complaint,. (Attachments: #1 Exhibit Exhibits Accompanying Amended Complaint)(Schlachet, Mark) Modified on 7/2/2019 (jgo). [Transferred from New York Southern on 12/9/2019.]
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Filing 30
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, without prejudice and without costs against the defendant(s) 3PM Shield LLC. Document filed by Thimes Solutions Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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Filing 29
NOTICE OF APPEARANCE by Jared Evan Blumetti on behalf of Mikhail J Fikhman. (Blumetti, Jared) [Transferred from New York Southern on 12/9/2019.]
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Filing 28
NOTICE OF APPEARANCE by Patrick Thomas McPartland on behalf of Mikhail J Fikhman. (McPartland, Patrick) [Transferred from New York Southern on 12/9/2019.]
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #30 Notice of Voluntary Dismissal was reviewed and referred to Judge Valerie E. Caproni for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) [Transferred from New York Southern on 12/9/2019.]
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Filing 27
ORDER denying #26 LETTER MOTION to Adjourn Conference set for August 9, 2019. This application is DENIED. The Court expects this conference to conclude with ample time for counsel to return to his hometown. Counsel may, however, request an adjournment if the weather forecast creates a concern that he will be unable to return home in time for religious observances. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/26/2019) (jca) [Transferred from New York Southern on 12/9/2019.]
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Filing 26
LETTER MOTION to Adjourn Conference set for August 9, 2019 addressed to Judge Valerie E. Caproni from Mark Schlachet dated 6/25/2019. Document filed by Thimes Solutions Inc..(Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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Filing 25
WAIVER OF SERVICE RETURNED EXECUTED. 3PM Shield LLC waiver sent on 6/6/2019, answer due 8/5/2019. Document filed by Thimes Solutions Inc.. (Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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Filing 24
WAIVER OF SERVICE RETURNED EXECUTED. Mikhail J Fikhman waiver sent on 6/24/2019, answer due 8/23/2019. Document filed by Thimes Solutions Inc.. (Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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Filing 23
WAIVER OF SERVICE RETURNED EXECUTED. Prevagen, Inc. waiver sent on 6/6/2019, answer due 8/5/2019. Document filed by Thimes Solutions Inc.. (Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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Filing 22
WAIVER OF SERVICE RETURNED EXECUTED. TP Link USA Corporation waiver sent on 6/6/2019, answer due 8/5/2019. Document filed by Thimes Solutions Inc.. (Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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Filing 21
NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on August 9, 2019, at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. (as further set forth in this Order). SO ORDERED. Initial Conference set for 8/9/2019 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 6/19/2019) (kv) [Transferred from New York Southern on 12/9/2019.]
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Filing 20
ELECTRONIC SUMMONS ISSUED as to 3PM Shield LLC. (dnh) [Transferred from New York Southern on 12/9/2019.]
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Filing 19
ELECTRONIC SUMMONS ISSUED as to Prevagen, Inc.. (dnh) [Transferred from New York Southern on 12/9/2019.]
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Filing 18
ELECTRONIC SUMMONS ISSUED as to Mikhail J Fikhman. (dnh) [Transferred from New York Southern on 12/9/2019.]
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Filing 17
ELECTRONIC SUMMONS ISSUED as to Mikhail J Fikhman. (dnh) [Transferred from New York Southern on 12/9/2019.]
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Filing 16
ELECTRONIC SUMMONS ISSUED as to TP Link USA Corporation. (dnh) [Transferred from New York Southern on 12/9/2019.]
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Filing 15
REQUEST FOR ISSUANCE OF SUMMONS as to 3PM Shield, Inc., re: #1 Complaint,. Document filed by Thimes Solutions Inc.. (Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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Filing 14
REQUEST FOR ISSUANCE OF SUMMONS as to Prevagen, Inc., re: #1 Complaint,. Document filed by Thimes Solutions Inc.. (Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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Filing 13
REQUEST FOR ISSUANCE OF SUMMONS as to Mikhail J. Fikhman, re: #1 Complaint,. Document filed by Thimes Solutions Inc.. (Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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Filing 12
REQUEST FOR ISSUANCE OF SUMMONS as to Mikhail J. Fikhman, re: #1 Complaint,. Document filed by Thimes Solutions Inc.. (Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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Filing 11
REQUEST FOR ISSUANCE OF SUMMONS as to TP Link USA Corporation, re: #1 Complaint,. Document filed by Thimes Solutions Inc.. (Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Mark Schlachet to RE-FILE Document No. #7 Request for Issuance of Summons, #8 Request for Issuance of Summons, #6 Request for Issuance of Summons, #9 Request for Issuance of Summons, #10 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. The caption on the summons PDF must exactly match the caption on the pleading; the defendant name does not match the party of record. The defendant name listed in the 'To:' section of the PDF must exactly match the party of record. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) [Transferred from New York Southern on 12/9/2019.]
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mark Schlachet. The party information for the following party/parties has been modified: Mikhail Fikhman. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (dnh) [Transferred from New York Southern on 12/9/2019.]
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Filing 10
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Prevagen, Inc., re: #1 Complaint,. Document filed by Thimes Solutions Inc.. (Schlachet, Mark) Modified on 5/31/2019 (dnh). [Transferred from New York Southern on 12/9/2019.]
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Filing 9
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to 3PM Shield LLC, re: #1 Complaint,. Document filed by Thimes Solutions Inc.. (Schlachet, Mark) Modified on 5/31/2019 (dnh). [Transferred from New York Southern on 12/9/2019.]
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Filing 8
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Mikhail J. Fikhman dba Amazzia, re: #1 Complaint,. Document filed by Thimes Solutions Inc.. (Schlachet, Mark) Modified on 5/31/2019 (dnh). [Transferred from New York Southern on 12/9/2019.]
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Filing 7
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Mikhail Fikhman dba Amazzia, re: #1 Complaint,. Document filed by Thimes Solutions Inc.. (Schlachet, Mark) Modified on 5/31/2019 (dnh). [Transferred from New York Southern on 12/9/2019.]
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Filing 6
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to TP-Link USA Corporation, re: #1 Complaint,. Document filed by Thimes Solutions Inc.. (Schlachet, Mark) Modified on 5/31/2019 (dnh). [Transferred from New York Southern on 12/9/2019.]
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mark Schlachet. The following case opening statistical information was erroneously selected/entered: Dollar Demand $10,000,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank;. (pc) [Transferred from New York Southern on 12/9/2019.]
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mark Schlachet. The party information for the following party/parties has been modified: Mikhail Fikhman and TP-Link USA Corporation. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error ; alias party name was omitted. (pc) [Transferred from New York Southern on 12/9/2019.]
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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. (pc) [Transferred from New York Southern on 12/9/2019.]
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Magistrate Judge Debra C. Freeman 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. (pc) [Transferred from New York Southern on 12/9/2019.]
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Case Designated ECF. (pc) [Transferred from New York Southern on 12/9/2019.]
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Mark Schlachet to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Each summons must be filed separately. Or you can use one summons form and list each party on a separate rider.;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) [Transferred from New York Southern on 12/9/2019.]
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Filing 5
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Thimes Solutions Inc..(Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Thimes Solutions Inc..(Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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Filing 3
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to TP-Link USA Corporation; MikhaIL J. Fikhman dba AMAZZIA (2); 3PM Shield LLC; Prevagen, Inc., re: #1 Complaint,. Document filed by Thimes Solutions Inc.. (Attachments: #1 Request for Summons #2, #2 Request for Summons #3, #3 Request for Summons #4, #4 Request for Summons #5)(Schlachet, Mark) Modified on 5/30/2019 (pc). [Transferred from New York Southern on 12/9/2019.]
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Filing 2
CIVIL COVER SHEET filed. (Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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Filing 1
COMPLAINT against 3PM Shield LLC, Mikhail Fikhman, Prevagen, Inc., TP-Link USA Corporation. (Filing Fee $ 400.00, Receipt Number ANYSDC-16976473)Document filed by Thimes Solutions Inc.. (Attachments: #1 Exhibit Exhibits Accompanying Complaint)(Schlachet, Mark) [Transferred from New York Southern on 12/9/2019.]
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