Durgamritha T. Sundaram v. Eva Varro Inc. et al
| Durgamritha T. Sundaram |
| Eva Varro Inc and Dillards Inc |
| 2:2022cv05085 |
| July 22, 2022 |
| US District Court for the Central District of California |
| R Gary Klausner |
| Alicia G Rosenberg |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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Filing 52
ORDER GRANTING Stipulation to Extend Time to Respond to Amended Complaint By 30 Days #51 by Judge R. Gary Klausner that Defendants Dillards Inc., Eva Varro Inc., deadline to respond to Plaintiff's Amended Complaint shall be extended by thirty (30) days from 9/11/2022 to 10/11/2022. (jp)
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| Filing 51 STIPULATION for Extension of Time to File Answer to October 11, 2022 re Amended Complaint/Petition #50 filed by Defendants Dillards Inc, Eva Varro Inc. (Attachments: #1 Proposed Order)(Hilbert, Ryan) |
| Filing 50 FIRST AMENDED COMPLAINT against Defendants EVA VARRO INC. AND DILLARDS, INC. Durgamritha T. Sundaram amending Complaint - (Discovery), #1 , filed by Plaintiff Durgamritha T. Sundaram(Hansen, Scott) |
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Filing 49
ORDER by Judge R. Gary Klausner granting #47 Non-Resident Attorney Joshua A Davis APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Durgamritha T. Sundaram, designating Scott R Hansen as local counsel. (jp)
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| Filing 48 RESPONSE filed by Pro Hac Vice attorney Robert L Epstein on behalf of Defendants Dillards Inc, Eva Varro Inc. 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) |
| Filing 47 APPLICATION of Non-Resident Attorney Joshua A. Davis to Appear Pro Hac Vice on behalf of Plaintiff Durgamritha T. Sundaram (Pro Hac Vice Fee - $500 Previously Paid on 8/1/2022, Receipt No. ACACDC-33730254) filed by plaintiff Durgamritha T. Sundaram. (Attachments: #1 Proposed Order Admission Pro Hac Vice) (Hansen, Scott) |
| Filing 46 STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by Defendants Dillards Inc, Eva Varro Inc.(Hilbert, Ryan) |
| Filing 45 Notice of Appearance or Withdrawal of Counsel: for attorney Ryan S Hilbert counsel for Defendants Dillards Inc, Eva Varro Inc. Adding Ryan S. Hilbert as counsel of record for EVA VARRO INC. and DILLARDS, INC for the reason indicated in the G-123 Notice. Filed by Defendants Ryan S. Hilbert. (Attorney Ryan S Hilbert added to party Dillards Inc(pty:dft), Attorney Ryan S Hilbert added to party Eva Varro Inc(pty:dft))(Hilbert, Ryan) |
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Filing 44
ORDER by Judge R. Gary Klausner re EX PARTE APPLICATION of Non-Resident Attorney Joshua A. Davis to Appear Pro Hac Vice on behalf of Plaintiff Durgamritha T. Sundaram (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33730254) #41 . The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): Document STRICKEN for the reasons stated in the Notice of Filer of Deficiencies #43 filed on 8/1/2022. Counsel shall make the necessary corrections and correctly refile the document. (jre)
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| Filing 43 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: EX PARTE APPLICATION of Non-Resident Attorney Joshua A. Davis to Appear Pro Hac Vice on behalf of Plaintiff Durgamritha T. Sundaram (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33730254) #41 . The following error(s) was/were found: Incorrect event selected. Correct event is Appear Pro Hac Vice (G-64) 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. Other error(s) with document(s): Proposed Order is blank, has not been flattened and is causing a corruption with the filing. Document is an Application, not an EX PARTE document. Good Standing from GA missing. (lt) |
| Filing 42 RESPONSE filed by Pro Hac Vice attorney Lindsay Hersh Autz on behalf of Plaintiff Durgamritha T. Sundaram. 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) |
| Filing 41 EX PARTE APPLICATION of Non-Resident Attorney Joshua A. Davis to Appear Pro Hac Vice on behalf of Plaintiff Durgamritha T. Sundaram (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33730254) filed by plaintiff Durgamritha T. Sundaram. (Attachments: #1 Proposed Order Admission Pro Hac Vice) (Attorney Scott R Hansen added to party Durgamritha T. Sundaram(pty:pla)) (Hansen, Scott) |
| Filing 40 RESPONSE filed by Pro Hac Vice attorney Jason M Drangel on behalf of Defendants Dillards Inc, Eva Varro Inc. 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) |
| Filing 39 RESPONSE filed by Pro Hac Vice attorney Danielle S. Futterman on behalf of Defendants Dillards Inc, Eva Varro Inc. 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 38
SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner re: The Southern District of New York having ruled on Defendant's Motion to Dismiss or Transfer this action to this Court (CACD) #26 , Defendant's responses to the Complaint are due on or before 8/5/2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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Filing 37
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (jre)
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| Filing 36 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Robert L Epstein. 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. (car) |
| Filing 35 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jason M Drangel. 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. (car) |
| Filing 34 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Danielle S. Futterman. 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. (car) |
| Filing 33 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney joshua@jdtechlaw.com. 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. (car) |
| Filing 32 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Lindsay Hersh Autz. 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. (car) |
| Filing 31 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 30 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 29 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Alicia G. Rosenberg. (car) |
| Filing 28 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:22-cv-03264, 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 2:22-cv-05085-RGK-AGRx. (car) |
| Filing 27 ORIGINAL file, certified copy of transfer order and docket sheet received from New York Southern |
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Filing 26
TRANSFER ORDER. This Court exercises its discretion under 28 U.S.C. 1404(a) to transfer this case to the Central District of California. Any pending motions and deadlines are moot. All conferences are canceled. The Clerk of Court is directed to terminate ECF No. 19 and to transfer this case to the United States District Court for the Central District of California immediately, without regard to Local Rule 83.1. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/22/22) (yv) [Transferred from New York Southern on 7/25/2022.]
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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.(yv) [Transferred from New York Southern on 7/25/2022.] |
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Filing 25
ORDER: On July 5, 2022, Defendants filed a motion to dismiss for improper venue. ECF No. 19. On July 8, 2022, in response to an Order from the Court, Plaintiff filed a letter stating that, "[w]hile Plaintiff believes that venue is proper in the Southern District of New York, Plaintiff will consent to transfer this matter to the Central District of California." ECF No. 24. No later than July 12, 2022, Defendants shall file any opposition to the transfer of this case to the Central District of California in lieu of dismissal. If Defendants do oppose, they shall include in their letter an explanation as to why venue would not be proper as to either Defendant in the Central District of California, pursuant to 28 U.S.C. 1400(b). SO ORDERED. (Signed by Judge Jesse M. Furman on 7/8/2022) ( Responses due by 7/12/2022) (ks) [Transferred from New York Southern on 7/25/2022.]
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| Filing 24 LETTER addressed to Judge Jesse M. Furman from Lindsay H. Autz dated July 8, 2022 re: Defendants' Motion to Dismiss for Improper Venue. Document filed by Durgamritha T. Sundaram..(Autz, Lindsay) [Transferred from New York Southern on 7/25/2022.] |
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Filing 23
ORDER: On July 5, 2022, Defendants filed a motion to dismiss for improper venue. ECF No. 19. It is hereby ORDERED that Plaintiff shall, no later than July 8, 2022, file a letter stating whether Plaintiff intends to oppose the motion or, in the alternative, would consent to transfer of the case to another district pursuant to 28 U.S.C. 1406(a). If Plaintiff does intend to oppose, any opposition shall be due by July 19, 2022, and any reply shall be due by July 26, 2022. SO ORDERED. ( Responses due by 7/19/2022, Replies due by 7/26/2022.) (Signed by Judge Jesse M. Furman on 7/6/2022) (vfr) [Transferred from New York Southern on 7/25/2022.]
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| Filing 22 MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss for Improper Venue. . Document filed by Dillards, Inc., Eva Varro Inc...(Futterman, Danielle) [Transferred from New York Southern on 7/25/2022.] |
| Filing 21 DECLARATION of Steven Duke in Support re: #19 MOTION to Dismiss for Improper Venue.. Document filed by Dillards, Inc., Eva Varro Inc...(Futterman, Danielle) [Transferred from New York Southern on 7/25/2022.] |
| Filing 20 DECLARATION of Calin Senciac in Support re: #19 MOTION to Dismiss for Improper Venue.. Document filed by Dillards, Inc., Eva Varro Inc...(Futterman, Danielle) [Transferred from New York Southern on 7/25/2022.] |
| Filing 19 MOTION to Dismiss for Improper Venue. Document filed by Dillards, Inc., Eva Varro Inc...(Futterman, Danielle) [Transferred from New York Southern on 7/25/2022.] |
| Filing 18 WAIVER OF SERVICE RETURNED EXECUTED. Eva Varro Inc. waiver sent on 5/3/2022, answer due 7/5/2022. Document filed by Durgamritha T. Sundaram..(Autz, Lindsay) [Transferred from New York Southern on 7/25/2022.] |
| Filing 17 WAIVER OF SERVICE RETURNED EXECUTED. Dillards, Inc. waiver sent on 5/3/2022, answer due 7/5/2022. Document filed by Durgamritha T. Sundaram..(Autz, Lindsay) [Transferred from New York Southern on 7/25/2022.] |
| Filing 16 NOTICE OF APPEARANCE by Robert L. Epstein on behalf of Dillards, Inc., Eva Varro Inc...(Epstein, Robert) [Transferred from New York Southern on 7/25/2022.] |
| Filing 15 NOTICE OF APPEARANCE by Danielle S. Futterman on behalf of Dillards, Inc., Eva Varro Inc...(Futterman, Danielle) [Transferred from New York Southern on 7/25/2022.] |
| Filing 14 NOTICE OF APPEARANCE by Jason M. Drangel on behalf of Dillards, Inc., Eva Varro Inc...(Drangel, Jason) [Transferred from New York Southern on 7/25/2022.] |
| Filing 13 NOTICE OF APPEARANCE by Joshua Adam Davis on behalf of Durgamritha T. Sundaram..(Davis, Joshua) [Transferred from New York Southern on 7/25/2022.] |
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Filing 12
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on August 3, 2022 at 4:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://www.nysd.uscourts.gov/electronic-case-filing. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel, as further set forth herein. Initial Conference set for 8/3/2022 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 4/26/2022) (mml) [Transferred from New York Southern on 7/25/2022.]
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| Filing 11 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)..(sj) [Transferred from New York Southern on 7/25/2022.] |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (aea) [Transferred from New York Southern on 7/25/2022.] |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (aea) [Transferred from New York Southern on 7/25/2022.] |
| CASE DECLINED AS NOT RELATED. Case referred as related to 22-cv-3258 and declined by Judge Analisa Torres and returned to wheel for assignment. (aea) [Transferred from New York Southern on 7/25/2022.] |
| Filing 10 CIVIL COVER SHEET filed..(Autz, Lindsay) [Transferred from New York Southern on 7/25/2022.] |
| Filing 9 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Autz, Lindsay) [Transferred from New York Southern on 7/25/2022.] |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Dillards, Inc.. (sj) [Transferred from New York Southern on 7/25/2022.] |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Eva Varro Inc.. (sj) [Transferred from New York Southern on 7/25/2022.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lindsay Hersh Autz. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to Queens. (sj) [Transferred from New York Southern on 7/25/2022.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lindsay Hersh Autz. The party information for the following party/parties has been modified: Durgamritha Sundaram. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj) [Transferred from New York Southern on 7/25/2022.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Lindsay Hersh Autz to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; Civil Cover Sheet not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (sj) [Transferred from New York Southern on 7/25/2022.] |
| Case Designated ECF. (sj) [Transferred from New York Southern on 7/25/2022.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) [Transferred from New York Southern on 7/25/2022.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PATENT FORM. Notice to Attorney Lindsay Hersh Autz to RE-FILE Document No. #5 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the AO 120 Patent/Trademark form is not correct; PDF should not include instruction. Re-file the document using the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 120 Patent/Trademark PDF form. (sj) [Transferred from New York Southern on 7/25/2022.] |
| CASE REFERRED TO Judge Analisa Torres as possibly related to 1:22cv3258. (sj) [Transferred from New York Southern on 7/25/2022.] |
| Filing 6 STATEMENT OF RELATEDNESS re: that this action be filed as related to 22-03258. Document filed by Durgamritha Sundaram..(Autz, Lindsay) [Transferred from New York Southern on 7/25/2022.] |
| Filing 5 FILING ERROR - DEFICIENT AO 120 FORM PATENT - PDF ERROR AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Autz, Lindsay) Modified on 4/22/2022 (sj). [Transferred from New York Southern on 7/25/2022.] |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Dillards, Inc., re: #1 Complaint. Document filed by Durgamritha Sundaram..(Autz, Lindsay) [Transferred from New York Southern on 7/25/2022.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Eva Varro Inc., re: #1 Complaint. Document filed by Durgamritha Sundaram..(Autz, Lindsay) [Transferred from New York Southern on 7/25/2022.] |
| Filing 2 FILING ERROR - DEFICIENT CIVIL COVER SHEET - PDF ERROR CIVIL COVER SHEET filed..(Autz, Lindsay) Modified on 4/22/2022 (sj). [Transferred from New York Southern on 7/25/2022.] |
| Filing 1 COMPLAINT against Dillards, Inc., Eva Varro Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26040598)Document filed by Durgamritha Sundaram. (Attachments: #1 Exhibit A, #2 Exhibit B).(Autz, Lindsay) [Transferred from New York Southern on 7/25/2022.] |
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