ENIGWE v. AMAZON.COM SERVICES LLC, et al
| IFEDOO ENIGWE |
| AMAZON.COM SERVICES LLC, AUTHOR SOLUTIONS, LLC OF DELAWARE, AMAZON.COM INC and AUTHORHOUSE |
| 1:2022cv01388 |
| July 18, 2022 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| James Patrick Hanlon |
| Patent |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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Filing 48
ORDER ON AUGUST 17, 2022, TELEPHONIC STATUS CONFERENCE AND ORDER SETTING TELEPHONIC STATUS CONFERENCE - Plaintiff appeared in person and Defendants by counsel August 17, 2022, for a telephonic status conference. Copy Mailed. **SEE ORDER** Signed by Magistrate Judge Tim A. Baker. (MGG).
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| Filing 46 ANSWER to #24 Amended Complaint (Second), COUNTERCLAIM against IFEDOO ENIGWE, filed by AUTHOR SOLUTIONS, LLC OF DELAWARE, AMAZON.COM SERVICES LLC.(Zimmerly, Philip) |
| Filing 45 Statement of Ds' Position After Transfer of Venue from US Disctrict Court for the District of Delaware by All Defendants. (Zimmerly, Philip) |
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Filing 44
ORDER granting #43 Motion to Withdraw Attorney Appearance. Attorney Brandon Ryan Harper and Nicholas D. Mozal withdrawn. Signed by Magistrate Judge Tim A. Baker on 7/20/2022 Copies sent via US Mail (CBU)
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| Filing 43 MOTION to Withdraw Attorney Appearance - Nicholas D. Mozal and Brandon R. Harper, filed by Defendants AMAZON.COM SERVICES LLC, AUTHOR SOLUTIONS, LLC OF DELAWARE. (Attachments: #1 Text of Proposed Order Granting Withdrawal of Appearances of Mozal and Harper)(Zimmerly, Philip) |
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Filing 42
ORDER Setting Telephonic Status Conference and Further Proceedings: Status Conference set for 8/17/2022 10:00 AM (Eastern Time) in Telephonic before Magistrate Judge Tim A. Baker. Plaintiff shall personally participate in this conference by calling chambers directly at 317-229-3660. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The purpose of this conference is to address case status and settlement. By August 12, 2022, counsel shall confer and file a joint list of all motions that remained pending prior to transfer that require a ruling from this court. See Order for additional information. Copy to Plaintiff, Brandon Ryan Harper and Nicholas D. Mozal via US Mail. Signed by Magistrate Judge Tim A. Baker on 7/19/2022.(SWM)
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| Filing 41 PRACTICES AND PROCEDURES before Judge James Patrick Hanlon. Copy sent to Plaintiff via US Mail. (DWH) |
| Filing 40 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. Copy sent to Plaintiff via US Mail. (DWH) Modified on 7/18/2022 (DWH). |
| Filing 39 Case transferred in from District of Delaware; Case Number 1:21-cv-00453. Original file copy of transfer order and docket sheet received. |
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Filing 38
ORAL ORDER: The motion to extend time to respond until August 11 D.I. #37 is granted. Signed by Judge Stephanos Bibas on 7/7/2022. (apk) [Transferred from Delaware on 7/18/2022.]
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| Filing 37 MOTION for Extension of Time to Respond to Plaintiff's Second Amended Complaint (Unopposed) - filed by Amazon.Com Services, LLC, Author Solutions, LLC of Delaware. (Attachments: #1 Text of Proposed Order)(Mozal, Nicholas) [Transferred from Delaware on 7/18/2022.] |
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Filing 36
ORDER granting in part #28 Motion to Dismiss, Ifedoo Enigwe's antitrust claim and his copyright-infringement claim based on the rejected theory that AuthorHouse lost all rights to sell his book in 2007 is DISMISSED ; #31 Motion for Entry of Default is DENIED. Ifedoo Enigwe's other copyright-infringement claim is TRANFERRED to the Southern District of Indiana. (See Order for further details). Signed by Judge Stephanos Bibas on 06/28/2022. (smg) [Transferred from Delaware on 7/18/2022.]
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| Filing 35 MEMORANDUM OPINION. Signed by Judge Stephanos Bibas on 06/28/2022. (smg) [Transferred from Delaware on 7/18/2022.] |
| Filing 34 REPLY to Response to #31 REQUEST for Default as to Ifedoo Enigwe - filed by Ifedoo Enigwe. (srs) [Transferred from Delaware on 7/18/2022.] |
| Filing 33 RESPONSE to Motion re #31 REQUEST for Default as to Ifedoo Enigwe filed by Amazon.Com Services, LLC, Author Solutions, LLC of Delaware. (Harper, Brandon) [Transferred from Delaware on 7/18/2022.] |
| Filing 32 REPLY BRIEF re #28 MOTION to Dismiss for Failure to State a Claim , or in the Alternative, to Transfer filed by Amazon.Com Services, LLC, Author Solutions, LLC of Delaware. (Attachments: #1 Certificate of Service)(Harper, Brandon) [Transferred from Delaware on 7/18/2022.] |
| Filing 31 REQUEST for Entry of Default as to Ifedoo Enigwe - filed by Ifedoo Enigwe. (Attachments: #1 Affidavit, #2 Certificate of Service)(srs) [Transferred from Delaware on 7/18/2022.] |
| Filing 30 RESPONSE to #28 MOTION to Dismiss for Failure to State a Claim , or in the Alternative, to Transfer filed by Ifedoo Enigwe. (srs) [Transferred from Delaware on 7/18/2022.] |
| Filing 29 OPENING BRIEF in Support re #28 MOTION to Dismiss for Failure to State a Claim , or in the Alternative, to Transfer filed by Amazon.Com Services, LLC, Author Solutions, LLC of Delaware.Answering Brief/Response due date per Local Rules is 3/18/2022. (Harper, Brandon) [Transferred from Delaware on 7/18/2022.] |
| Filing 28 MOTION to Dismiss for Failure to State a Claim , or in the Alternative, to Transfer - filed by Amazon.Com Services, LLC, Author Solutions, LLC of Delaware. (Attachments: #1 Text of Proposed Order)(Harper, Brandon) [Transferred from Delaware on 7/18/2022.] |
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Filing 27
ORDER granting #26 Motion for Extension of Time to Respond to Plaintiff's Second Amended Complaint (Unopposed). Defendants' answer or other response to the plaintiff's Second Amended Complaint is due on March 4, 2022. Signed by Judge Stephanos Bibas on 2/18/2022. (nmg) [Transferred from Delaware on 7/18/2022.]
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| Filing 26 MOTION for Extension of Time to Respond to Plaintiff's Second Amended Complaint (Unopposed) - filed by Amazon.Com Services, LLC, Author Solutions, LLC of Delaware. (Attachments: #1 Text of Proposed Order)(Harper, Brandon) [Transferred from Delaware on 7/18/2022.] |
| Filing 25 NOTICE of Appearance by Brandon Ryan Harper on behalf of Amazon.Com Services, LLC, Author Solutions, LLC of Delaware (Harper, Brandon) [Transferred from Delaware on 7/18/2022.] |
| Filing 24 AMENDED COMPLAINT against Amazon.Com Services, LLC, Author Solutions, LLC of Delaware- filed by Ifedoo Enigwe.(smg) (Main Document 24 replaced on 2/9/2022) (smg). [Transferred from Delaware on 7/18/2022.] |
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Filing 23
ORDER granting D.I. #12 Defendants' Motion to Dismiss without prejudice. Signed by Judge Stephanos Bibas on 2/3/2022. (nmg) [Transferred from Delaware on 7/18/2022.]
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| Filing 22 MEMORANDUM OPINION. Signed by Judge Stephanos Bibas on 2/3/2022. (nmg) [Transferred from Delaware on 7/18/2022.] |
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Filing 21
ORDER: DESIGNATION OF CIRCUIT JUDGE TO HOLD A DISTRICT COURT WITHIN THE CIRCUIT, designating and assigning the Honorable Stephanos Bibas of the United States Court of Appeals for the Third Circuit. Signed by Judge Michael A. Chagares, Chief Judge of the United States Court of Appeals for the Third Circuit on 12/14/2021. (rjb) [Transferred from Delaware on 7/18/2022.]
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| Case Reassigned to Judge Stephanos Bibas of the United States Court of Appeals for the Third Circuit. Please include the initials of the Judge (SB) after the case number on all documents filed. (rjb) [Transferred from Delaware on 7/18/2022.] |
| Filing 20 NOTICE of Withdrawal of Alan R. Silverstein as counsel for Defendants, and Certificate of Service by Amazon.Com Services, LLC, Author Solutions, LLC of Delaware re #3 Amended Complaint, #12 MOTION to Dismiss for Failure to State a Claim,or, in the Alternative, to Transfer (Mozal, Nicholas) [Transferred from Delaware on 7/18/2022.] |
| Filing 19 Duplicate SUR-REPLY BRIEF to #12 MOTION to Dismiss for Failure to State a Claim, or, in the Alternative, to Transfer - filed by Ifedoo Enigwe. (smg) [Transferred from Delaware on 7/18/2022.] |
| Filing 18 SUR-REPLY BRIEF to #12 MOTION to Dismiss for Failure to State a Claim,or, in the Alternative, to Transfer - filed by Ifedoo Enigwe. (mal) [Transferred from Delaware on 7/18/2022.] |
| Remark: Plaintiff originally mailed his Sur-Reply on 06/17/2021. As of today, the Court hasn't received that mail. Plaintiff decided to drop off a hard copy today to be docketed, see D.I. #18 . (mal) [Transferred from Delaware on 7/18/2022.] |
| Filing 17 REPLY BRIEF re #12 MOTION to Dismiss for Failure to State a Claim,or, in the Alternative, to Transfer filed by Amazon.Com Services, LLC, Author Solutions, LLC of Delaware. (Silverstein, Alan) [Transferred from Delaware on 7/18/2022.] |
| Filing 16 REDACTED VERSION of 14 Affidavit, by Amazon.Com Services, LLC, Author Solutions, LLC of Delaware. (Attachments: #1 Exhibit 1)(Silverstein, Alan) [Transferred from Delaware on 7/18/2022.] |
| Filing 15 PLAINTIFF'S RESPONSE to #12 MOTION to Dismiss for Failure to State a Claim, or, in the Alternative, to Transfer - filed by Ifedoo Enigwe. (cna, ) (Main Document 15 replaced on 6/2/2021) (cna, ). [Transferred from Delaware on 7/18/2022.] |
| CORRECTING ENTRY: Document at DI# 15 replaced due to missing page. (cna, ) [Transferred from Delaware on 7/18/2022.] |
| Filing 14 [SEALED] AFFIDAVIT of Bryan H. Babb re #12 MOTION to Dismiss for Failure to State a Claim,or, in the Alternative, to Transfer filed by Amazon.Com Services, LLC, Author Solutions, LLC of Delaware. (Attachments: # 1 Exhibit 1)(Silverstein, Alan) Modified on 6/1/2021 (dlw). [Transferred from Delaware on 7/18/2022.] |
| Filing 13 OPENING BRIEF in Support re #12 MOTION to Dismiss for Failure to State a Claim,or, in the Alternative, to Transfer filed by Amazon.Com Services, LLC, Author Solutions, LLC of Delaware. Answering Brief/Response due date per Local Rules is 6/11/2021. (Silverstein, Alan) Modified on 6/1/2021 (dlw). [Transferred from Delaware on 7/18/2022.] |
| Filing 12 MOTION to Dismiss for Failure to State a Claim,or, in the Alternative, to Transfer - filed by Amazon.Com Services, LLC, Author Solutions, LLC of Delaware. (Attachments: #1 Text of Proposed Order)(Silverstein, Alan) Modified on 6/1/2021 (dlw).[Transferred from Delaware on 7/18/2022.] |
| Pro Hac Vice Attorneys Craig E. Pinkus and Philip Zimmerly for Amazon.Com Services, LLC and Author Solutions, LLC of Delaware added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) [Transferred from Delaware on 7/18/2022.] |
| Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Craig E. Pinkus and Philip Zimmerly - filed by Amazon.Com Services, LLC, Author Solutions, LLC of Delaware. (Silverstein, Alan) (Additional attachment(s) added on 4/28/2021: #1 Certificate of Service) (dlw). [Transferred from Delaware on 7/18/2022.] |
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SO ORDERED re #11 MOTION for Pro Hac Vice Appearance of Attorney Craig E. Pinkus and Philip Zimmerly filed by Author Solutions, LLC of Delaware, Amazon.Com Services, LLC. ORDERED by Judge Maryellen Noreika on 4/28/2021. ***Copy mailed to Pro Se Plaintiff 4/28/2021*** (dlw) [Transferred from Delaware on 7/18/2022.]
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SO ORDERED re #8 UNOPPOSED MOTION for Extension of Time to Respond to Plaintiff's Amended Complaint (Set/Reset Answer Deadlines: Amazon.Com Services, LLC answer due 5/28/2021; Author Solutions, LLC of Delaware answer due 5/28/2021). ORDERED by Judge Maryellen Noreika on 4/28/2021. ***Copy mailed to Pro Se Plaintiff 4/28/2021*** (dlw) [Transferred from Delaware on 7/18/2022.]
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| CORRECTING ENTRY: The certificate of service previously filed at D.I. 12 has been added to D.I. 11 and deleted from the docket. In the future, counsel shall attach the certificate of service to the corresponding document and not file as a separate docket entry. (dlw) [Transferred from Delaware on 7/18/2022.] |
| Filing 10 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent GoDirect, LLC for Author Solutions, LLC of Delaware filed by Author Solutions, LLC of Delaware. (Mozal, Nicholas) [Transferred from Delaware on 7/18/2022.] |
| Filing 9 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Amazon.com, Inc. for Amazon.Com Services, LLC filed by Amazon.Com Services, LLC. (Silverstein, Alan) [Transferred from Delaware on 7/18/2022.] |
| Filing 8 UNOPPOSED MOTION for Extension of Time to Respond to Plaintiff's Amended Complaint - filed by Amazon.Com Services, LLC, Author Solutions, LLC of Delaware. (Attachments: #1 Text of Proposed Order)(Silverstein, Alan) Modified on 4/28/2021 (dlw). [Transferred from Delaware on 7/18/2022.] |
| Filing 7 SUMMONS Returned Executed by Ifedoo Enigwe. Amazon.Com Services, LLC served on 4/7/2021, answer due 4/28/2021. (sam) [Transferred from Delaware on 7/18/2022.] |
| Filing 6 SUMMONS Returned Executed by Ifedoo Enigwe. Author Solutions, LLC of Delaware served on 4/7/2021, answer due 4/28/2021. (sam) [Transferred from Delaware on 7/18/2022.] |
| Filing 5 ACKNOWLEDGMENT OF RECEIPT for Magistrate Consent. Acknowledgment filed by Ifedoo Enigwe. (mal) [Transferred from Delaware on 7/18/2022.] |
| Filing 4 ACKNOWLEDGMENT OF RECEIPT for Rule 4 (Summons). Acknowledgment filed by Ifedoo Enigwe. (mal) [Transferred from Delaware on 7/18/2022.] |
| Filing 3 AMENDED COMPLAINT against Amazon.Com Services, LLC, and Author Solutions, LLC of Delaware- filed by Ifedoo Enigwe.(mal) [Transferred from Delaware on 7/18/2022.] |
| Remark: Acknowledgement for Rule 4, and Acknowledgment for Mag Consent re-mailed to Plaintiff at their request. (sam) [Transferred from Delaware on 7/18/2022.] |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) [Transferred from Delaware on 7/18/2022.] |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (kmd) [Transferred from Delaware on 7/18/2022.] |
| Filing 1 COMPLAINT filed Pro Se against Amazon.com, Inc., Author Solutions Inc. (Filing fee $402, receipt number DEX035398.) - filed by Ifedoo Enigwe. (Attachments: #1 Civil Cover Sheet)(kmd) [Transferred from Delaware on 7/18/2022.] |
| Remark: Acknowledgement for Rule 4, Acknowledgment for Mag Consent, and Privacy Notice mailed to Plaintiff. (kmd) [Transferred from Delaware on 7/18/2022.] |
| Summons Issued with Magistrate Consent Notice attached as to Amazon.com, Inc. on 3/25/2021; Author Solutions Inc. on 3/25/2021. (kmd) [Transferred from Delaware on 7/18/2022.] |
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