Ebates Performance Marketing, Inc et al v. MyMail, Ltd.
| Cartera Commerce, Inc. and Ebates Performance Marketing, Inc d/b/a Rakuten Rewards doing business as Rakuten Rewards |
| MyMail, Ltd. |
| 5:2020cv04768 |
| July 16, 2020 |
| US District Court for the Northern District of California |
| Susan van Keulen |
| Lucy H Koh |
| Patent |
| 28 U.S.C. § 2201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 22, 2021. A more recent docket listing may be available from PACER.
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| Filing 34 REPLY (re #28 MOTION to Dismiss the Complaint ) Reply to Plaintiffs' Opposition to Defendant's Motion to Dismiss, filed byMyMail, Ltd.. (Gibbons, Peter) (Filed on 9/11/2020) |
| Filing 33 NOTICE by Cartera Commerce, Inc., Ebates Performance Marketing, Inc Opposition to MyMail's Motion To Vacate Order Relating Cases (filed in 17-cv-04488-LHK) (Attachments: #1 Proposed Order)(Brown, Nicholas) (Filed on 9/8/2020) |
| Filing 32 OPPOSITION/RESPONSE (re #28 MOTION to Dismiss the Complaint ) PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS THE COMPLAINT UNDER 28 U.S.C. 2201 AND FRCP RULE 4(k) (as Revised 8/17/20) filed byEbates Performance Marketing, Inc. (Attachments: #1 Declaration DECLARATION OF JOSHUA L. RASKIN, #2 Proposed Order)(Brown, Nicholas) (Filed on 8/28/2020) |
| Filing 31 NOTICE by Cartera Commerce, Inc., Ebates Performance Marketing, Inc re #26 Order (Notice of Intent To File Opposition To Motion To Vacate Order Relating Cases) (Brown, Nicholas) (Filed on 8/25/2020) |
| Filing 30 **CLERK'S NOTICE** Hearing on #28 MOTION to Dismiss the Complaint is CONTINUED from 9/10/2020 to 12/17/2020 at 1:30 PM in San Jose, California, Courtroom 8, 4th Floor before the Honorable Lucy H. Koh. The 9/10/2020 hearing date was not cleared with the Courtroom Deputy Clerk prior to filing. Please see the Honorable Lucy H. Koh's Scheduling Notes at https://www.cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 8/18/2020) |
| Filing 29 Declaration of Peter Gibbons in Support of #28 MOTION to Dismiss the Complaint Correction and Supplement to Motion to Dismiss filed byMyMail, Ltd.. (Attachments: #1 Supplement Corrected Memorandum of Law in Support of Motion to Dismiss the Complaint, #2 Exhibit Exhibit B in Support of Motion to Dismiss the Complaint)(Related document(s) #28 ) (Gibbons, Peter) (Filed on 8/17/2020) |
| Filing 28 MOTION to Dismiss the Complaint filed by MyMail, Ltd.. Motion Hearing set for 9/10/2020 01:30 PM in San Jose, Chambers before Judge Lucy H. Koh. Responses due by 8/28/2020. Replies due by 9/4/2020. (Attachments: #1 Errata Memorandum of Law in Support of Motion to Dismiss, #2 Declaration Declaration of Chris Michaels in Support of Motion to Dismiss, #3 Exhibit Defendant's Exhibit A in Support of Motion to Dismiss, #4 Proposed Order Proposed Order Dismissing the Complaint)(Gibbons, Peter) (Filed on 8/14/2020) |
| ***Set Deadlines/Hearings per #26 Order Relating Cases: Initial Case Management Conference set for 10/21/2020 at 2:00 PM in San Jose, Courtroom 8, 4th Floor. Case Management Statement due by 10/14/2020. (kedS, COURT STAFF) (Filed on 8/3/2020) |
Filing 27
ORDER REASSIGNING CASE. Case reassigned to Judge Lucy H. Koh for all further proceedings re Order Relating Cases. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Judge Phyllis J. Hamilton no longer assigned to case,. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 7/30/2020)
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Filing 26
Order Relating Cases. Signed by Judge Lucy H. Koh on 07/30/2020. (lhklc4, COURT STAFF) (Filed on 7/30/2020)
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| Filing 25 CERTIFICATE OF SERVICE by Cartera Commerce, Inc., Ebates Performance Marketing, Inc (Brown, Nicholas) (Filed on 7/29/2020) |
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Filing 24
ORDER by Judge Phyllis J. Hamilton granting #22 Motion for Pro Hac Vice as to Vimal Kapadia. (kcS, COURT STAFF) (Filed on 7/24/2020)
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Filing 23
ORDER by Judge Phyllis J. Hamilton granting #19 Motion for Pro Hac Vice as to Elana B. Araj. (kcS, COURT STAFF) (Filed on 7/23/2020)
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| Filing 22 MOTION for leave to appear in Pro Hac Vice re: Vimal Kapadia - CORRECTION OF DOCKET #10 ( Filing fee $ 310, receipt number 0971-14713262.) Filing fee previously paid on 7/20/2020 filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Kapadia, Vimal) (Filed on 7/23/2020) Modified on 7/24/2020 (ajsS, COURT STAFF). |
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Filing 21
ORDER by Judge Phyllis J. Hamilton granting #18 Motion for Pro Hac Vice as to Allan A. Kassenoff. (kcS, COURT STAFF) (Filed on 7/23/2020)
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Filing 20
ORDER by Judge Phyllis J. Hamilton granting #17 Motion for Pro Hac Vice as to Joshua L. Raskin. (kcS, COURT STAFF) (Filed on 7/23/2020)
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| Filing 19 MOTION for leave to appear in Pro Hac Vice re: Elana B. Araj CORRECTION OF DOCKET #11 ( Filing fee $ 310, receipt number 0971-14713287.) Filing fee previously paid on 7/20/2020 filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Araj, Elana) (Filed on 7/23/2020) Modified on 7/24/2020 (ajsS, COURT STAFF). |
| Filing 18 MOTION for leave to appear in Pro Hac Vice re: Allan A. Kassenoff CORRECTION OF DOCKET #9 ( Filing fee $ 310, receipt number 0971-14713225.) Filing fee previously paid on 7/20/2020 filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Kassenoff, Allan) (Filed on 7/23/2020) Modified on 7/24/2020 (ajsS, COURT STAFF). |
| Filing 17 MOTION for leave to appear in Pro Hac Vice re: Joshua L. Raskin- CORRECTION OF DOCKET #8 ( Filing fee $ 310, receipt number 0971-14713162.) Filing fee previously paid on 7/20/2020 filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Raskin, Joshua) (Filed on 7/23/2020) Modified on 7/24/2020 (ajsS, COURT STAFF). |
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Filing 16
ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 11/5/2020. Initial Case Management Conference set for 11/12/2020 at 02:00 PM in Oakland, Courtroom 3, 3rd Floor. Signed by Judge Phyllis J. Hamilton on 7/22/2020. (kcS, COURT STAFF) (Filed on 7/22/2020)
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Filing 15
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Phyllis J. Hamilton for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to the case.. Signed by The Clerk on 7/22/20. (haS, COURT STAFF) (Filed on 7/22/2020)
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| #Electronic filing error. Filings will not be processed by the clerks office. Please re-file in entirety re: #10 MOTION for leave to appear in Pro Hac Vice for Vimal Kapadia , #11 MOTION for leave to appear in Pro Hac Vice for Elana B. Araj, #9 MOTION for leave to appear in Pro Hac Vice for Allan A. Kassenoff, #8 MOTION for leave to appear in Pro Hac Vice for Joshua L. Raskin. ***Copy of certificate of good standing not attached; ECF login and password for attorney seeking to be admitted not used to file application. See Pro Hac Vice Admission Procedures on USDC website.*** (kcS, COURT STAFF) (Filed on 7/22/2020) |
| Filing 14 Summons Issued as to MyMail, Ltd. (hdjS, COURT STAFF) (Filed on 7/21/2020) |
| Filing 13 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/9/2020. Initial Case Management Conference set for 10/16/2020 at 2:00 PM in San Francisco, Courtroom F, 15th Floor. (wsnS, COURT STAFF) (Filed on 7/21/2020) |
| Filing 12 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 7/21/2020) |
| Filing 11 MOTION for leave to appear in Pro Hac Vice for Elana B. Araj ( Filing fee $ 310, receipt number 0971-14713287.) filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Brown, Nicholas) (Filed on 7/20/2020) |
| Filing 10 MOTION for leave to appear in Pro Hac Vice for Vimal Kapadia ( Filing fee $ 310, receipt number 0971-14713262.) filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Brown, Nicholas) (Filed on 7/20/2020) |
| Filing 9 MOTION for leave to appear in Pro Hac Vice for Allan A. Kassenoff ( Filing fee $ 310, receipt number 0971-14713225.) filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Brown, Nicholas) (Filed on 7/20/2020) |
| Filing 8 MOTION for leave to appear in Pro Hac Vice for Joshua L. Raskin ( Filing fee $ 310, receipt number 0971-14713162.) filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Brown, Nicholas) (Filed on 7/20/2020) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Cartera Commerce, Inc., Ebates Performance Marketing, Inc.. (Brown, Nicholas) (Filed on 7/20/2020) |
| Filing 6 Case assigned to Magistrate Judge Joseph C. Spero. 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 7/31/2020. (mbcS, COURT STAFF) (Filed on 7/17/2020) |
| Filing 5 Rule 7.1 Disclosures by Cartera Commerce, Inc., Ebates Performance Marketing, Inc re #1 Complaint, (Brown, Nicholas) (Filed on 7/16/2020) |
| Filing 4 REPORT on the filing or determination of an action regarding a Patent or Trademark (cc: form mailed to register). (Brown, Nicholas) (Filed on 7/16/2020) |
| Filing 3 Proposed Summons. (Brown, Nicholas) (Filed on 7/16/2020) |
| Filing 2 NOTICE of Pendency of Other Action Involving Same Patent by Cartera Commerce, Inc., Ebates Performance Marketing, Inc (Brown, Nicholas) (Filed on 7/16/2020) |
| Filing 1 COMPLAINT for Declaratory Judgment of Non-Infringement against MyMail, Ltd. ( Filing fee $ 400, receipt number 0971-14700000.). Filed byEbates Performance Marketing, Inc, Cartera Commerce, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Civil Cover Sheet)(Brown, Nicholas) (Filed on 7/16/2020) |
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