Lovitedo LLC v. The Partnership and Unincorporated Associations Identified in Schedule A
| Lovitedo, LLC |
| Mardison |
| 1:2024cv09718 |
| October 8, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Jeremy C Daniel |
| Patent |
| 35 U.S.C. ยง 271 Patent Infringement |
| None |
Docket Report
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| Document Text |
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| Filing 15 MINUTE entry before the Honorable Jeremy C. Daniel: Status hearing held. For the reasons stated in open court, the rule to show cause is discharged. Mailed notice. (vcf, ) |
| Filing 14 MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. The plaintiff's motion to seal #6 is granted. The plaintiff's motion for expedited discovery #7 is granted as follows: (1) the plaintiff may serve discovery on third-parties to obtain the defendant's identity and contact information; (2) the plaintiff may serve discovery on third-parties to obtain sales information related to the accused product(s); and (3) the plaintiff may serve discovery on the defendant to obtain information related to the defendant's identity, any related entities selling products similar to the accused products, and sales information related to the accused products. The plaintiff's motion for electronic service of process #9 is granted. Mailed notice. (vcf, ) |
| Filing 13 First AMENDED complaint by LOVITEDO LLC against Mardison and terminating THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED IN SCHEDULE A (Attachments: #1 Exhibit 1 to First Amended Complaint, #2 Exhibit 2 to First Amended Complaint)(Keener, Kevin) |
| Filing 12 MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff has filed a complaint alleging patent infringement against 51 defendants. (R. 1 and R. 4.) According to the plaintiff, "the asserted patent is being infringed by a cabal of foreign counterfeiters intent on exploiting online consumers." (R. 1 Para. 2.) The plaintiff further alleges, "upon information and belief, Defendants are an interrelated group of counterfeiters and patent infringers working in active concert," (R. 1 Paras. 6 and 12), and that, "on information and belief, all defendants source their goods from a common manufacturer or consortium of manufacturers under the direction or influence of local or national governments." (R. 1 Para. 9.) Experience has shown that not all defendants named in a Schedule A case work together. More importantly, experience has shown that joinder under Fed. R. Civ. P. 20 is rarely appropriate in Schedule A cases. Accordingly, the Court raises the propriety of joinder and requires the plaintiff to file a supplemental memorandum addressing the propriety of joinder on or before October 25, 2024. Alternatively, by the same date, the plaintiff may file an amended complaint naming one or more defendants; however, if the plaintiff names multiple defendants, the plaintiff must show that joinder of those defendants is proper. Having reviewed the complaint, the Court is also concerned about certain allegations directed towards joinder. For instance, the complaint alleges that, "[d]efendants, without any authorization or license from Plaintiff, have jointly and severally, knowingly and willfully made, used, offered for sale, sold, and/or imported into the United States for subsequent resale or use products that infringe directly and/or indirectly Plaintiff's Asserted Patent." (R. 1 Para. 12.) Fed. R. Civ. P. 11(b)(3) requires that, "factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery." Pursuant to Fed. R. Civ. P. 11(c)((3), the Court requires counsel for the plaintiff to show cause why the allegation that the defendants have "jointly and severally" infringed the plaintiff's patent does not violate Rule 11(b)(3). The Court will consider the issues raised in this order during a hearing set for October 30, 2024, at 9:30 a.m. Mailed notice. (vcf, ) |
| Filing 11 NOTICE of Motion by Kevin John Keener for presentment of motion to seal document #6 , motion for miscellaneous relief #9 , motion for discovery #7 before Honorable Jeremy C. Daniel on 10/24/2024 at 09:30 AM. (Keener, Kevin) |
| Filing 10 MEMORANDUM by LOVITEDO LLC in support of motion for miscellaneous relief #9 (Attachments: #1 Declaration of Kevin Keener, #2 Exhibit 1 to Declaration of Kevin Keener)(Keener, Kevin) |
| Filing 9 MOTION by Plaintiff LOVITEDO LLC alternative service of process (Keener, Kevin) |
| Filing 8 MEMORANDUM by LOVITEDO LLC in support of motion for discovery #7 (Keener, Kevin) |
| Filing 7 MOTION by Plaintiff LOVITEDO LLC for discovery expedited early discovery (Keener, Kevin) |
| Filing 6 MOTION by Plaintiff LOVITEDO LLC to seal document sealed document #4 (Keener, Kevin) |
| Filing 5 MAILED Patent report to Patent Trademark Office, Alexandria VA (nsf, ) |
| Filing 4 SEALED DOCUMENT by Plaintiff LOVITEDO LLC Schedule A to the Complaint (Attachments: #1 Exhibit 2- part 1 of 2, #2 Exhibit 2- part 2 of 2, #3 Exhibit 3, #4 Exhibit 4)(Keener, Kevin) |
| Filing 3 ATTORNEY Appearance for Plaintiff LOVITEDO LLC by Kevin John Keener (Keener, Kevin) |
| Filing 2 CIVIL Cover Sheet (Keener, Kevin) |
| Filing 1 COMPLAINT filed by LOVITEDO LLC; Filing fee $ 405, receipt number AILNDC-22576762. (Attachments: #1 Exhibit 1, #2 Exhibit 2, 3, and 4 under seal)(Keener, Kevin) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (smb, ) |
| CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 1). (smb, ) |
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| Defendant: Mardison | |
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| Plaintiff: Lovitedo, LLC | |
| Represented By: | Kevin John Keener |
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