etouches, Inc. v. Swoogo, LLC et al
| etouches, Inc. |
| Swoogo, LLC, Swoogo Limited, Leonora Valvo, Timothy Cummins, Neil Keefe and Swoogo Solutions Ltd. |
| 3:2016cv01989 |
| December 5, 2016 |
| US District Court for the District of Connecticut |
| New Haven Office |
| XX US, Outside State |
| Michael P Shea |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Both |
Docket Report
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This docket was last retrieved on January 12, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 69
ORDER APPROVING re #68 Stipulation of Dismissal filed by etouches, Inc. Signed by Clerk on 1/12/18.(Johnson, D.)
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| Filing 68 STIPULATION of Dismissal of Case with Prejudice by etouches, Inc.. (Wagner, Matthew) |
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Filing 67
ORDER. The #66 Joint Status Report is APPROVED. This case will remain administratively closed. The parties shall file a joint status report on or before January 12, 2018. Signed by Judge Michael P. Shea on 1/2/2018. (Mac Dougall, S.)
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| Filing 66 Joint STATUS REPORT by etouches, Inc.. (Wagner, Matthew) |
| Set Deadlines/Hearings: Joint Status Report due by 12/28/2017 (Johnson, D.) |
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Filing 65
ORDER. The Court has reviewed the #64 Joint Status Report. Because the parties are moving forward with private mediation, this case will remain administratively closed through December 31, 2017. On or before December 28, 2017, the parties shall file another joint status report to update the Court about the progress of mediation. If they settle the case, they shall promptly so inform the Court. Signed by Judge Michael P. Shea on 10/20/2017.(MacDougall, S.)
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| Filing 64 Joint STATUS REPORT by etouches, Inc.. (Wagner, Matthew) |
| Filing 63 AO 120 Report on the Determination of an Action re: Trademark Form Completed. (Hernandez, T.) |
| JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Hernandez, T.) |
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Filing 62
ORDER. The parties' #61 Joint Motion to Stay Proceedings Pending Mediation is GRANTED in part and DENIED in part. The Clerk's office is directed to administratively close the case while the parties pursue private mediation. The parties are required to file a status report within 80 days. Signed by Judge Michael P. Shea on 7/31/2017. (Mac Dougall, S.)
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| Filing 61 Joint MOTION to Stay Proceedings Pending Mediation by etouches, Inc..Responses due by 8/18/2017 (Attachments: #1 Text of Proposed Order)(Wagner, Matthew) |
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Filing 60
ORDER. The #59 Joint Motion to Stay Proceedings Pending Mediation is DENIED WITHOUT PREJUDICE. The Court is willing to consider granting a limited stay while the parties engage in settlement efforts with a private mediator, but the Court needs more information about the proposed mediation, including when the mediation is scheduled for and how long a stay would be likely to last. Signed by Judge Michael P. Shea on 7/26/2017. (Mac Dougall, S.)
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| Filing 59 Joint MOTION to Stay Proceedings Pending Mediation by etouches, Inc..Responses due by 8/15/2017 (Attachments: #1 Text of Proposed Order)(Wagner, Matthew) |
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Filing 58
The parties' #57 Motion to Modify the Standing Protective Order is GRANTED. Signed by Judge Michael P. Shea on 6/30/2017. (Mac Dougall, S.)
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| Filing 57 Consent MOTION for Protective Order (Motion to Modify the Standing Protective Order) by Timothy Cummins, Swoogo, LLC, Leonora Valvo.Responses due by 7/20/2017 (Nolan, Brian) |
| Filing 56 REPLY to Response to #51 MOTION to Dismiss Counterclaim Count I filed by etouches, Inc.. (Wagner, Matthew) |
| Filing 55 Memorandum in Opposition re #51 MOTION to Dismiss Counterclaim Count I filed by Timothy Cummins, Swoogo, LLC, Leonora Valvo. (Nolan, Brian) |
| Filing 54 REPLY to Response to #42 MOTION to Dismiss Pursuant to FRCP 12(b)(6) filed by Timothy Cummins, Swoogo, LLC, Leonora Valvo. (Nolan, Brian) |
| Filing 53 REPLY to Response to #41 MOTION to Dismiss Pursuant to FRCP 12(b)(1)-(3) filed by Neil Keefe, Swoogo Limited, Swoogo Solutions Ltd.. (Nolan, Brian) |
| Filing 52 ANSWER to #43 Answer to Complaint, Counterclaim by etouches, Inc..(Wagner, Matthew) |
| Filing 51 MOTION to Dismiss Counterclaim Count I by etouches, Inc..Responses due by 6/1/2017 (Attachments: #1 Memorandum in Support)(Wagner, Matthew) |
| Filing 50 Memorandum in Opposition re #41 MOTION to Dismiss Pursuant to FRCP 12(b)(1)-(3) filed by etouches, Inc.. (Wagner, Matthew) |
| Filing 49 Memorandum in Opposition re #42 MOTION to Dismiss Pursuant to FRCP 12(b)(6) filed by etouches, Inc.. (Wagner, Matthew) |
| Filing 48 NOTICE of Appearance by Ingrid Clarice Festin on behalf of etouches, Inc. (Festin, Ingrid) |
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Filing 47
ORDER. Plaintiff filed an amended complaint on March 31, 2017. Therefore, Defendants' #19 and #21 Motions to Dismiss as DENIED as moot. The #25 Motion to Seal Stock Purchase, Settlement Agreement, and Release is GRANTED. Signed by Judge Michael P. Shea on 5/4/2017. (Connelly, L.)
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Filing 46
ORDER. The #45 Motion for Extension of Time is GRANTED. Signed by Judge Michael P. Shea on 5/4/2017. (Connelly, L.)
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| Filing 45 Consent MOTION for Extension of Time until 5/11/2017 to answer or otherwise respond to Amended Answer and Counterclaims #43 Answer to Complaint, Counterclaim by etouches, Inc.. (Wagner, Matthew) |
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Filing 44
ORDER. Defendant filed an amended answer on April 20, 2017. Therefore, Plaintiff's #36 Motion to Dismiss the Counterclaim is DENIED as moot. Signed by Judge Michael P. Shea on 4/21/2017. (Connelly, L.)
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| Filing 43 Defendants' ANSWER to Complaint with Affirmative Defenses with Jury Demand , COUNTERCLAIM against etouches, Inc. by Leonora Valvo, Swoogo, LLC, Timothy Cummins.(Nolan, Brian) |
| Filing 42 MOTION to Dismiss Pursuant to FRCP 12(b)(6) by Timothy Cummins, Neil Keefe, Swoogo Limited, Swoogo Solutions Ltd., Swoogo, LLC, Leonora Valvo.Responses due by 5/11/2017 (Nolan, Brian) |
| Filing 41 MOTION to Dismiss Pursuant to FRCP 12(b)(1)-(3) by Neil Keefe, Swoogo Limited, Swoogo Solutions Ltd., Swoogo, LLC, Leonora Valvo.Responses due by 5/11/2017 (Nolan, Brian) |
| Filing 40 Joint STIPULATION Regarding Service of Process by etouches, Inc.. (Wagner, Matthew) |
| Filing 39 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Swoogo Solutions Ltd.* with answer to complaint due within *60* days. Attorney *Matthew C. Wagner* *Diserio, Martin, O'Connor & Castiglioni, LLP* *One Atlantic Street* *Stamford, CT 06901*. (Bozek, M.) |
| Set Deadlines as to #36 MOTION to Dismiss Counterclaim Count I.(Responses due by 4/20/2017, )or Amended Answer due by 4/20/2017 (Johnson, D.) |
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Filing 38
ORDER. Plaintiff filed an amended complaint on March 31, 2017. Therefore, Defendant's #21 Motion to Dismiss are DENIED as moot. Plaintiff has filed a #36 Motion to Dismiss the Counterclaim. On or before April 20, 2017, Defendant shall either file a response to the motion or file an amended answer in which they plead as many facts as possible, consistent with Rule 11, to address the alleged defects discussed in Plaintiff's memorandum of law. The Court will not allow further amendments after April 20, 2017. If Defendant chooses to amend and if Plaintiff renews its motion to dismiss, Plaintiff may incorporate by reference any prior briefing.Signed by Judge Michael P. Shea on 4/3/2017. (Connelly, L.)
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| Request for Clerk to issue summons as to Swoogo Solutions Ltd.. (Wagner, Matthew) |
| Filing 37 ANSWER to #22 Answer to Complaint, Counterclaim with Affirmative Defenses by etouches, Inc..(Wagner, Matthew) |
| Filing 36 MOTION to Dismiss Counterclaim Count I by etouches, Inc..Responses due by 4/21/2017 (Attachments: #1 Memorandum in Support)(Wagner, Matthew) |
| Filing 35 AMENDED COMPLAINT against All Defendants, filed by etouches, Inc.. (Attachments: #1 Exhibit A-R)(Wagner, Matthew) |
| Filing 34 NOTICE of Appearance by Diyang Liu on behalf of Timothy Cummins, Neil Keefe, Swoogo Limited, Swoogo, LLC, Leonora Valvo (Liu, Diyang) |
| Filing 33 NOTICE of Appearance by Brian W. Nolan on behalf of Timothy Cummins, Neil Keefe, Swoogo Limited, Swoogo, LLC, Leonora Valvo (Nolan, Brian) |
| Filing 32 NOTICE of Appearance by Scott S. Centrella on behalf of etouches, Inc. (Centrella, Scott) |
| Filing 31 NOTICE of Appearance by Jonathan P. Whitcomb on behalf of etouches, Inc. (Whitcomb, Jonathan) |
| Set Deadlines/Hearings: as to #21 MOTION to Dismiss , #19 MOTION to Dismiss .(Responses due by 3/31/2017, ) or Amended Complaint due by 3/31/2017 (Johnson, D.) |
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Filing 30
ORDER. Plaintiff's #29 Motion for Extension of Time is GRANTED. Defendants have filed #19 AND #21 Motions to Dismiss. On or before March 31, 2017, Plaintiff shall either file a response to the motion or file an amended complaint in which it pleads as many facts as possible, consistent with Rule 11, to address the alleged defects discussed in Defendants' memorandums of law. The Court will not allow further amendments after March 31, 2017. If Plaintiff chooses to amend and if Defendants renew their motion to dismiss, Defendants may incorporate by reference any prior briefing. Signed by Judge Michael P. Shea on 3/8/2017. (Connelly, L.)
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| Filing 29 Consent MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss , #19 MOTION to Dismiss until 3/31/2017 by etouches, Inc.. (Wagner, Matthew) |
| Filing 28 CERTIFICATE OF GOOD STANDING re #17 MOTION for Attorney(s) Diyang Liu to be Admitted Pro Hac Vice by Timothy Cummins, Neil Keefe, Swoogo Limited, Swoogo, LLC, Leonora Valvo. (Miltenberger, Timothy) |
| Filing 27 CERTIFICATE OF GOOD STANDING re #16 MOTION for Attorney(s) Brian W. Nolan to be Admitted Pro Hac Vice by Timothy Cummins, Neil Keefe, Swoogo Limited, Swoogo, LLC, Leonora Valvo. (Miltenberger, Timothy) |
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Filing 26
SCHEDULING ORDER:Telephonic Status Conference set for 9/22/2017 10:00 AM before Judge Michael P. Shea. Discovery due by 12/1/2017; Dispositive Motions due by 1/5/2018; Joint Status Report due by 9/15/2017; Joint Trial Brief due by 1/19/2018 Signed by Judge Michael P. Shea on 3/1/17.(Johnson, D.)
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| Filing 25 MOTION to Seal Stock Purchase, Settlement Agreement and Release by Timothy Cummins, Swoogo, LLC, Leonora Valvo. (Attachments: #1 Memorandum in Support, #2 Exhibit Redacted Agreement)(Miltenberger, Timothy) |
| Filing 24 Joint REPORT of Rule 26(f) Planning Meeting. (Wagner, Matthew) |
| Filing 23 NOTICE of Appearance by Jane Catherine Christie on behalf of etouches, Inc. (Christie, Jane) |
| Filing 22 ANSWER to #1 Complaint with Affirmative Defenses with Jury Demand , COUNTERCLAIM against etouches, Inc. by Leonora Valvo, Swoogo, LLC, Timothy Cummins.(Miltenberger, Timothy) |
| Filing 21 MOTION to Dismiss by Timothy Cummins, Swoogo, LLC, Leonora Valvo.Responses due by 3/17/2017 (Attachments: #1 Memorandum in Support)(Miltenberger, Timothy) |
| Filing 20 Corporate Disclosure Statement by Neil Keefe, Swoogo Limited, Swoogo, LLC, Leonora Valvo. (Miltenberger, Timothy) |
| Filing 19 MOTION to Dismiss by Neil Keefe, Swoogo Limited, Swoogo, LLC, Leonora Valvo.Responses due by 3/17/2017 (Attachments: #1 Memorandum in Support)(Miltenberger, Timothy) |
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Filing 18
ORDER granting #16 Motion for Attorney Brian W. Nolan to be Admitted Pro Hac Vice; granting #17 Motion for Attorney Diyang Liu to be Admitted Pro Hac Vice. Certificate of Good Standing due by 4/22/2017. Signed by Clerk on 2/21/2017. (Shafer, J.)
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| Filing 17 MOTION for Attorney(s) Diyang Liu to be Admitted Pro Hac Vice by Timothy Cummins, Neil Keefe, Swoogo Limited, Swoogo, LLC, Leonora Valvo. (Miltenberger, Timothy) |
| Filing 16 MOTION for Attorney(s) Brian W. Nolan to be Admitted Pro Hac Vice by Timothy Cummins, Neil Keefe, Swoogo Limited, Swoogo, LLC, Leonora Valvo. (Miltenberger, Timothy) |
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Filing 15
ORDER. The #13 and #14 Motion for Attorneys to be admitted pro hac vice are DENIED. The affidavits fail to designate the District of Connecticut as the forum for resolution of any dispute, as required by L. Civ. R. 83.1(d)(1)(e). Signed by Judge Michael P. Shea on 2/17/2017. (Connelly, L.)
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| Filing 14 MOTION for Attorney(s) Diyang Liu to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4300911) by Timothy Cummins, Neil Keefe, Swoogo Limited, Swoogo, LLC, Leonora Valvo. (Miltenberger, Timothy) |
| Filing 13 MOTION for Attorney(s) Brian W. Nolan to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4300888) by Timothy Cummins, Neil Keefe, Swoogo Limited, Swoogo, LLC, Leonora Valvo. (Miltenberger, Timothy) |
| Answer deadline updated for Timothy Cummins to 2/24/2017; Neil Keefe to 2/24/2017; Swoogo Limited to 2/24/2017; Swoogo, LLC to 2/24/2017; Leonora Valvo to 2/24/2017. (Johnson, D.) |
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Filing 12
ORDER. The #11 Motion for Extension of Time is GRANTED. Signed by Judge Michael P. Shea on 2/2/2017. (Connelly, L.)
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| Filing 11 Consent MOTION for Extension of Time until February 24, 2017 to Answer Complaint by Timothy Cummins, Neil Keefe, Swoogo Limited, Swoogo, LLC, Leonora Valvo. (Attachments: #1 Text of Proposed Order)(Miltenberger, Timothy) |
| Filing 10 NOTICE of Appearance by Timothy D. Miltenberger on behalf of Timothy Cummins, Neil Keefe, Swoogo Limited, Swoogo, LLC, Leonora Valvo (Miltenberger, Timothy) |
| Answer deadline updated for Swoogo, LLC to 1/24/2017. (Shafer, J.) |
| Answer deadline updated for Leonora Valvo to 1/13/2017. (Shafer, J.) |
| Filing 9 AFFIDAVIT of Service for Summons and Complaint served on Leonora Valvo and Swoogo, LLC on 12/23/2016 and 1/3/2017, filed by etouches, Inc.. (Wagner, Matthew) |
| Filing 8 AO 120 Report on the Filing of an Action re: Patent or Trademark Form Completed. (Attachments: #1 Complaint and Exhibits) (Shafer, J.) |
| Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Timothy Cummins, Neil Keefe, Swoogo Limited* with answer to complaint due within *60* days. Attorney *Matthew C. Wagner* *Diserio, Martin, O'Connor & Castiglioni, LLP* *One Atlantic Street* *Stamford, CT 06901*. (Shafer, J.) |
| Filing 6 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Swoogo, LLC, Leonora Valvo* with answer to complaint due within *21* days. Attorney *Matthew C. Wagner* *Diserio, Martin, O'Connor & Castiglioni, LLP* *One Atlantic Street* *Stamford, CT 06901*. (Shafer, J.) |
| Filing 5 NOTICE TO COUNSEL: Counsel initiating or removing this action are responsible for serving all parties with attached documents and copies of #4 Standing Protective Order, #1 Complaint filed by etouches, Inc., #2 Order on Pretrial Deadlines, and #3 Electronic Filing Order. Signed by Clerk on 12/06/2016. (Shafer, J.) |
| Request for Clerk to issue summons as to All Defendants. (Wagner, Matthew) |
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Filing 4
STANDING PROTECTIVE ORDER. Signed by Judge Michael P. Shea on 12/05/2016. (Shafer, J.)
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Filing 3
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Michael P. Shea on 12/05/2016. (Shafer, J.)
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Filing 2
Order on Pretrial Deadlines: Motions to Dismiss due on 3/5/2017. Amended Pleadings due by 2/3/2017. Discovery due by 6/6/2017. Dispositive Motions due by 7/6/2017. Signed by Clerk on 12/5/2016. (Shafer, J.)
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| Judge Michael P. Shea added. (Oliver, T.) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $400 receipt number 0205-4219210.), filed by etouches, Inc.. (Attachments: #1 Exhibit A-H, #2 Civil Cover Sheet)(Wagner, Matthew) |
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