Avaya Inc. v. Pearce et al
Avaya Inc. |
Telephone Man of America LLC, The Telecom Spot, Atlas Systems, Inc., Jason Hines, Raymond Bradley Pearce, Dedicated Business Systems International LLC, Jason Hines individually and d/b/a DBSI and TelBest, The Telecom Spot d/b/a TheTelecomSpot.com, Atlas Systems, Inc. d/b/a AtlasPhones.com and "The Telecom Dealer", Dedicated Business Systems International LLC including d/b/a DBSI.net, Telephone Man of America LLC d/b/a Telephonemanofamerica.com and "telephonemanofamerica", Jason Hines an individual doing business as DBSI doing business as Telbest.com, Dedicated Business Systems International LLC a New Jersey limited liability company doing business as DBSI.Net, Atlas Systems, Inc. a Michigan corporation doing business as AtlasPhones.com doing business as The Telecom Dealer, Telephone Man of America LLC a Florida limited liability company doing business as Telephonemanofamerica.com doing business as "Telephonemanofamerica", The Telecom Spot a Texas business entity doing business as TheTelecomSpot.com, Tri-State Communication Services LLC doing business as US VOICE AND DATA LLC, Sharkfish Corp., Kelly Petry, Featurecom Inc., Steve Geraci, Tom Conroy doing business as Avaya Business Resale doing business as AB Resale doing business as ABR doing business as www.abrnow.com, Drew Telecom Group Inc., Andrew Roach, Metroline Inc. and Telcom International Trading Pte. Ltd. |
Elizabeth D. Laporte |
Tri-State Communication Services LLC |
3:2019cv00565 |
January 31, 2019 |
US District Court for the Northern District of California |
Susan Illston |
Sallie Kim |
Trademark |
15 U.S.C. § 1114 Trademark Infringement |
Both |
Docket Report
This docket was last retrieved on June 15, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 62 Summons Issued as to Tri-State Communication Services LLC. (amgS, COURT STAFF) (Filed on 4/8/2019) |
Filing 61 Proposed Summons. (Alinder, Zachary) (Filed on 4/8/2019) |
Filing 60 CERTIFICATE OF SERVICE by Avaya Inc. re #59 Amended Complaint, (Alinder, Zachary) (Filed on 4/8/2019) |
Filing 59 AMENDED COMPLAINT for Damages and Injunctive Relief Against All Defendants against Atlas Systems, Inc., Dedicated Business Systems International LLC, Jason Hines, Raymond Bradley Pearce, Telephone Man of America LLC, The Telecom Spot, Tri-State Communication Services LLC, Sharkfish Corp.. Filed byAvaya Inc.. (Attachments: #1 Exhibit A to FAC)(Alinder, Zachary) (Filed on 4/5/2019) |
Filing 58 OPPOSITION/RESPONSE (re #48 MOTION to Lift Stay with Respect to Defendant Pearce or Alternatively Motion for Stay Pending Completion of Related Criminal Proceeding ) filed by Telephone Man of America LLC. (Berman, Jeffrey) (Filed on 4/4/2019) Modified on 4/5/2019 (amgS, COURT STAFF). |
Filing 57 OPPOSITION/RESPONSE (re #48 MOTION to Lift Stay with Respect to Defendant Pearce or Alternatively Motion for Stay Pending Completion of Related Criminal Proceeding ) filed by The Telecom Spot. (Morris, Joshua) (Filed on 4/4/2019) Modified on 4/5/2019 (amgS, COURT STAFF). |
Filing 56 OPPOSITION/RESPONSE (re #53 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, #48 MOTION to Lift Stay with Respect to Defendant Pearce or Alternatively Motion for Stay Pending Completion of Related Criminal Proceeding ) filed byDedicated Business Systems International LLC, Jason Hines. (Reilly, Davis) (Filed on 4/4/2019) |
Filing 55 OPPOSITION/RESPONSE (re #48 MOTION to Lift Stay with Respect to Defendant Pearce or Alternatively Motion for Stay Pending Completion of Related Criminal Proceeding ) filed byAvaya Inc.. (Attachments: #1 Declaration of Zachary J. Alinder, #2 Request for Judicial Notice, #3 Certificate/Proof of Service)(Alinder, Zachary) (Filed on 4/4/2019) |
Filing 54 STIPULATION re #1 Complaint, Stipulation to extend time to respond to Complaint filed by The Telecom Spot and Avaya Inc. (Morris, Joshua) (Filed on 4/4/2019) Modified on 4/4/2019 (amgS, COURT STAFF). |
Filing 53 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Dedicated Business Systems International LLC, Jason Hines. Motion Hearing set for 5/10/2019 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. Responses due by 4/9/2019. Replies due by 4/16/2019. (Attachments: #1 Declaration Declaration, #2 Proposed Order [Proposed] Order)(Reilly, Davis) (Filed on 3/26/2019) |
Filing 52 *** FILED IN ERROR,REFER TO DOCUMENT #53 *** MOTION to Dismiss for Lack of Personal Jurisdiction and for Failure to State a Claim filed by Dedicated Business Systems International LLC, Jason Hines. Motion Hearing set for 5/10/2019 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. Responses due by 4/9/2019. Replies due by 4/16/2019. (Reilly, Davis) (Filed on 3/26/2019) Modified on 3/26/2019 (fff, COURT STAFF). |
Filing 51 Hard copy for pro se defendant of the clerk's notice continuing hearings. (Attachments: #1 Certificate/Proof of Service) (tfS, COURT STAFF) (Filed on 3/22/2019) |
Filing 50 CLERK'S NOTICE Continuing all Motion Hearings and Case Management Conference. (This is a text-only entry generated by the court. There is no document associated with this entry.) Motions set for hearing on 5/10/2019 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston (Related documents(s) #29 , #49 , #48 ). Initial Case Management Conference set for 6/14/2019 02:30 PM in San Francisco, Courtroom 01, 17th Floor. (tfS, COURT STAFF) (Filed on 3/22/2019) |
Filing 49 MOTION to Dismiss filed by Telephone Man of America LLC. Motion Hearing set for 5/3/2019 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. Responses due by 4/5/2019. Replies due by 4/12/2019. (Berman, Jeffrey) (Filed on 3/22/2019) |
Set/Reset Hearing (tfS, COURT STAFF) (Filed on 3/22/2019) |
Filing 48 MOTION to Lift Stay with Respect to Defendant Pearce or Alternatively Motion for Stay Pending Completion of Related Criminal Proceeding filed by Atlas Systems, Inc.. Motion Hearing set for 5/10/2019 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. Responses due by 4/4/2019. Replies due by 4/11/2019. (Attachments: #1 Exhibit 1 - Declaration of Michelle Landry, #2 Proposed Order)(Landry, Michelle) (Filed on 3/21/2019) |
Filing 47 ORDER GRANTING STIPULATION TO WITHDRAW MOTION TO STAY, DKT. NO. 22 signed by Judge Susan Illston. withdrawing #22 Motion to Stay; withdrawing #22 Motion for Extension of Time to Answer. (tfS, COURT STAFF) (Filed on 3/20/2019) (Additional attachment(s) added on 5/17/2019: #1 Certificate/Proof of Service) (tfS, COURT STAFF). |
Filing 46 CLERK'S NOTICE Continuing Motion Hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to #29 MOTION to Dismiss Plaintiff's Seventh Claim Pursuant to Rule 12(b)(6). Motion Hearing set for 5/3/2019 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. *No adjustments to the briefing schedule. (Related documents(s) #29 )(tfS, COURT STAFF) (Filed on 3/20/2019) |
Filing 45 STIPULATION re #1 Complaint, filed by Telephone Man of America LLC and Avaya Inc. (Berman, Jeffrey) (Filed on 3/14/2019) Modified on 3/15/2019 (amgS, COURT STAFF). |
Filing 44 CLERK'S NOTICE Further Case Management Conference set for 5/24/2019 02:30 PM in San Francisco, Courtroom 01, 17th Floor. (Attachments: #1 Standing Order, #2 Standing Order, #3 Notice of Eligibility for Video Recording) (tfS, COURT STAFF) (Filed on 3/14/2019) |
Filing 43 ORDER by Judge Susan Illston granting #41 Motion for Pro Hac Vice. (tfS, COURT STAFF) (Filed on 3/14/2019) |
Filing 42 ORDER, Motions terminated: #34 STIPULATION WITH PROPOSED ORDER re Motion to Dismiss, Set Motion and Deadlines/Hearings, [- Signed by Judge Susan Illston on 3/13/19. (tfS, COURT STAFF) (Filed on 3/14/2019) Modified on 3/20/2019 (tfS, COURT STAFF). |
Set/Reset Deadlines as to #29 MOTION to Dismiss Plaintiff's Seventh Claim Pursuant to Rule 12(b)(6). Responses due by 4/8/2019. Replies due by 4/22/2019. Motion Hearing set for 4/26/2019 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. (tfS, COURT STAFF) (Filed on 3/14/2019) |
Filing 41 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13166619.) Filing fee previously paid on 03/12/19 filed by Telephone Man of America LLC. (Berman, Jeffrey) (Filed on 3/13/2019) |
Filing 40 CLERK'S NOTICE Re: Application for Admission of Attorney Pro Hac Vice.The request is being terminated. Counsel shall refile the application and attach a certificate of good standing as required by Civil Local Rule 11-3. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tfS, COURT STAFF) (Filed on 3/13/2019) |
Filing 39 STIPULATION re #1 Complaint Stipulation to extend time to respond to Complaint filed by The Telecom Spot and Ayaya Inc. (Morris, Joshua) (Filed on 3/13/2019) Modified on 3/14/2019 (amgS, COURT STAFF). |
Filing 38 ORDER REASSIGNING CASE. Case reassigned to Judge Susan Illston for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 3/13/19. (Attachments: #1 Notice of Eligibility for Video Recording)(srnS, COURT STAFF) (Filed on 3/13/2019) |
Filing 37 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13166619.) filed by Telephone Man of America LLC. (Berman, Jeffrey) (Filed on 3/12/2019) |
Filing 36 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The Telecom Spot.. (Morris, Joshua) (Filed on 3/12/2019) |
Filing 35 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (mklS, COURT STAFF) (Filed on 3/12/2019) |
Filing 34 STIPULATION WITH PROPOSED ORDER re #25 Order,, Set Motion and Deadlines/Hearings, #22 MOTION to Stay MOTION for Extension of Time to File Answer - Stipulation and [Proposed] Order to Stay Case Against Defendant Pearce Only and to Withdraw Motion to Stay, Dkt. No. 22 filed by Avaya Inc.. (Alinder, Zachary) (Filed on 3/12/2019) |
Filing 33 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Atlas Systems, Inc... (Landry, Michelle) (Filed on 3/12/2019) |
Filing 32 CERTIFICATE OF SERVICE filed by Avaya Inc. of re #28 STIPULATION AND [PROPOSED] ORDER REGARDING RESPONSE TO ATLAS' SYSTEMS INC'S MOTION TO DISMISS (Heaton, Lyndsey) (Filed on 3/11/2019) |
Filing 31 Corporate Disclosure Statement Pursuant to Fed.R.Civ.P. 7.1 filed by Atlas Systems, Inc.. (Landry, Michelle) (Filed on 3/11/2019) |
Filing 30 Certification of Interested Parties Pursuant to Civ.L.R. 3-15 filed by Atlas Systems, Inc. identifying Other Affiliate Atlas Property Holdings LLC for Atlas Systems, Inc.. (Landry, Michelle) (Filed on 3/11/2019) |
Filing 29 NOTICE OF MOTION & MOTION to Dismiss Plaintiff's Seventh Claim Pursuant to Rule 12(b)(6) filed by Atlas Systems, Inc.. Motion Hearing set for 4/29/2019 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 4/8/2019. Replies due by 4/22/2019. (Attachments: # 1) [Proposed] Order)(Landry, Michelle) (Filed on 3/11/2019) |
Filing 28 STIPULATION AND [PROPOSED] ORDER REGARDING RESPONSE TO ATLAS' SYSTEMS INC'S MOTION TO DISMISS filed by Avaya Inc.. (Attachments: #(1) Declaration of Lyndsey C. Heaton in support of Stipulation and Proposed Order)(Heaton, Lyndsey) (Filed on 3/11/2019) |
Filing 27 CERTIFICATE OF SERVICE filed by Avaya Inc. of re #26 Stipulation (Heaton, Lyndsey) (Filed on 3/7/2019) |
Filing 26 STIPULATION to Extend Time for Jason Hines and DBSI to Respond to Complaint filed by Avaya Inc.. (Heaton, Lyndsey) (Filed on 3/7/2019) |
Filing 25 ORDER SETTING HEARING AND BRIEFING SCHEDULE AS TO #22 MOTION to Stay/MOTION for Extension of Time to File Answer. Responses due by 3/12/2019. Replies due by 3/19/2019. Motion Hearing set for 4/8/2019 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 2/26/2019. (Attachments: #1 Certificate/Proof of Service)(mklS, COURT STAFF) (Filed on 2/26/2019) |
Filing 24 CLERK'S NOTICE Re: Consent or Declination: Defendants Raymond Bradley Pearce and The Telecom Spot shall file a consent or declination to proceed before a magistrate judge by 3/12/2019. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Attachments: #1 Certificate/Proof of Service) (mklS, COURT STAFF) (Filed on 2/26/2019) |
Filing 23 CERTIFICATE OF SERVICE by Avaya Inc. re #16 Stipulation (Heaton, Lyndsey) (Filed on 2/25/2019) |
Filing 22 MOTION to Stay the Civil Action Pending Completion of Related Criminal Proceeding, and Alternative, MOTION to Enlarge the Time to Answer and Brief in Support filed by Raymond Bradley Pearce. Responses due by 3/8/2019. Replies due by 3/15/2019. (Attachments: #(1) Letter from Attorney Robert L. Wyatt, IV, #(2) Envelope) (tnS, COURT STAFF) (Filed on 2/22/2019) |
Filing 21 ORDER by Magistrate Judge Sallie Kim granting #20 Motion for Pro Hac Vice as to JT Morris. (mklS, COURT STAFF) (Filed on 2/22/2019) |
Filing 20 MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-13110903) filed by The Telecom Spot. (Morris, Joshua) (Filed on 2/21/2019) |
Filing 19 STIPULATION To Extend Time To Respond To Complaint filed by The Telecom Spot. (Fowler, Mateo) (Filed on 2/21/2019) |
Filing 18 Certification of Interested Persons or Entities (Civil L.R. 3-15) filed by The Telecom Spot (Fowler, Mateo) (Filed on 2/21/2019) |
Filing 17 NOTICE of Appearance by Mateo Zavaletta Fowler for Defendant The Telecom Spot (Fowler, Mateo) (Filed on 2/21/2019) |
Filing 16 STIPULATION TO EXTEND TIME FOR DEFENDANT ATLAS SYSTEMS, INC. TO RESPOND TO COMPLAINT filed by Avaya Inc.. (Heaton, Lyndsey) (Filed on 2/20/2019) |
Filing 15 SUMMONS Returned Executed by Avaya Inc.. Dedicated Business Systems International LLC served on 2/19/2019, answer due 3/12/2019. (Shen, Nicholas) (Filed on 2/20/2019) |
Filing 14 SUMMONS Returned Executed by Avaya Inc.. Jason Hines served on 2/19/2019, answer due 3/12/2019. (Shen, Nicholas) (Filed on 2/20/2019) |
Filing 13 STIPULATION to Extend Time for Defendant Telephone Man of America LLC to Respond to Complaint [N.D.CAL.CIV.L.R. 6-1(a)] re #12 Summons Returned Executed filed by Avaya Inc.. (Alinder, Zachary) (Filed on 2/15/2019) |
Filing 12 SUMMONS Returned Executed by Avaya Inc.. Telephone Man of America LLC served on 2/4/2019, answer due 2/25/2019. (Alinder, Zachary) (Filed on 2/11/2019) |
Filing 11 SUMMONS Returned Executed by Avaya Inc.. The Telecom Spot served on 2/4/2019, answer due 2/25/2019. (Alinder, Zachary) (Filed on 2/8/2019) |
Filing 10 SUMMONS Returned Executed by Avaya Inc.. Raymond Bradley Pearce served on 2/5/2019, answer due 2/26/2019. (Alinder, Zachary) (Filed on 2/8/2019) |
Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Avaya Inc... (Alinder, Zachary) (Filed on 2/7/2019) |
Filing 8 SUMMONS Returned Executed by Avaya Inc.. Atlas Systems, Inc. served on 2/4/2019, answer due 2/25/2019. (Alinder, Zachary) (Filed on 2/6/2019) |
Filing 7 REPORT on the filing of an action regarding trademark infringement. (cc: form mailed to register). (Attachments: #(1) complaint) (tnS, COURT STAFF) (Filed on 2/1/2019) |
Filing 6 Summons Issued as to Defendants Atlas Systems, Inc., Dedicated Business Systems International LLC, Jason Hines, Raymond Bradley Pearce, Telephone Man of America LLC & The Telecom Spot. (tnS, COURT STAFF) (Filed on 2/1/2019) |
Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 4/29/2019. Initial Case Management Conference set for 5/6/2019 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF) (Filed on 2/1/2019) |
Filing 4 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/14/2019. (srnS, COURT STAFF) (Filed on 1/31/2019) |
Filing 3 Proposed Summons. (Alinder, Zachary) (Filed on 1/31/2019) |
Filing 2 Certification of Interested Parties Pursuant to Civ.L.R.3-15 and Corporate Disclosure Statement Pursuant to Fed.R.Civ.Proc.7.1 filed by Avaya Inc. identifying Corporate Parent Avaya Holdings Corp. for Avaya Inc.. (Alinder, Zachary) (Filed on 1/31/2019) |
Filing 1 COMPLAINT for Damages and Injunctive Relief for: (1) Federal Trademark Infringement and Counterfeiting, 15 U.S.C. Section 1114; (2) Federal Unfair Competition, 15 U.S.C. Section 1125; (3) Federal Direct and Indirect Copyright Infringement, 17 U.S.C. Sections 501 et seq.; (4) Violations of the Digital Millennium Copyright Act, 17 U.S.C. Sections 1201, et seq.; (5) Violations of the Computer Fraud and Abuse Act, 18 U.S.C. Sections 1030, et seq.; (6) Violations of the Computer Data Access and Fraud Act, Cal. Penal Code Section 502; (7) Violations of 18 U.S.C. Section 2318; and (8) Unjust Enrichment/Restitution/Constructive Trust; DEMAND FOR JURY TRIAL against Atlas Systems, Inc., Dedicated Business Systems International LLC, Jason Hines, Raymond Bradley Pearce, Telephone Man of America LLC & The Telecom Spot, (Filing Fee: $400.00, receipt number 0971-13053987). Filed by Avaya Inc.. (Attachments: #(1) Exhibit A to Complaint, #(2) Civil Cover Sheet)(Alinder, Zachary) (Filed on 1/31/2019) Modified on 2/1/2019 (tnS, COURT STAFF). |
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