Motus, LLC v. Event Solutions International, Inc.
| Motus, LLC |
| Event Solutions International, Inc. |
| 1:2019cv11453 |
| July 2, 2019 |
| US District Court for the District of Massachusetts |
| Judith G Dein |
| Richard G Stearns |
| Trademark |
| 15 U.S.C. § 44 |
| Plaintiff |
Docket Report
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| Filing 22 Judge Richard G. Stearns: ELECTRONIC ORDER entered reserving ruling on #12 Motion to Dismiss. Motus, LLC, brought this lawsuit against Event Solutions International, Inc., in the District of Massachusetts one day after Event Solutions filed its own action against Motus in the District of Michigan. Event Solutions seeks a declaratory judgment of non-infringement of Motus's mark, while Motus claims, among other things, trademark infringement, unfair competition, and dilution under state and federal laws. Because the issues and allegations raised by the two parties are nearly identical, the first-filed rule would ordinarily apply. See Cianbro Corp. v. Curran-Lavoie, Inc., 814 F.2d 7, 11 (1st Cir. 1987) ("Where identical actions are proceeding concurrently in two federal courts, entailing duplicative litigation and a waste of judicial resources, the first filed action is generally preferred in a choice-of-venue decision."); Sophos, Inc. v. RPost Holdings, Inc., 2014 WL 2434637, at *3 (D. Mass. May 30, 2014) ("There are exceptions to the first-filed rule, including exceptions for 'special circumstances' justifying a transfer, such as where one party misleads another to win a 'race to the courthouse,' or where the balance of convenience substantially favors the second-filed action."). However, as Motus has already filed a motion to dismiss in the District of Michigan asserting that judicial economy and the convenience factors identified in 28 U.S.C. 1404(a) favor litigating the entire action in Massachusetts, the court will reserve judgment on Event Solutions' reciprocal motion to dismiss and stay the case pending a choice-of-forum decision of the District Court of Michigan. See EMC Corp. v. Parallel Iron, LLC, 914 F. Supp. 2d 125, 129 (D. Mass. 2012) ("The first-to-file rule has generally been interpreted to dictate not only which forum is appropriate, but also which forum should decide which forum is appropriate. Courts in nearly every circuit have held that the court in which the second action was filed should defer to courts in the first-filed action.") (emphasis in original); TPM Holdings, Inc. v. Intra-Gold Indus., Inc., 91 F.3d 1, 4 (1st Cir. 1996) ("Where the overlap between the two suits is nearly complete, the usual practice is for the court that first had jurisdiction to resolve the issues and the other court to defer."). Motus is ordered to promptly notify this court of the decision of the District Court of Michigan. (RGS, law1) |
| Judge Richard G. Stearns: ORDER entered. The case is stayed pending the decision of the District Court of Michigan on Motus's motion to dismiss. (Pacho, Arnold) |
| Filing 21 Request for Judicial Notice by Motus, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Godkin, David) |
| Filing 20 Opposition re #12 MOTION to Dismiss filed by Motus, LLC. (Godkin, David) |
| Filing 19 ELECTRONIC NOTICE of Case Re-Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) |
| Filing 18 Refusal to Consent to Proceed Before a US Magistrate Judge. . (Godkin, David) |
| Filing 17 ELECTRONIC REMINDER TO COUNSEL: A notification form indicating whether or not the parties have consented to proceed before a U.S. Magistrate Judge has not been filed. Submission of the form is mandatory and a completed form should be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (Dambrosio, Jolyne) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT by Event Solutions International, Inc.. (Maerker, Jenevieve) |
| Filing 15 DECLARATION re #12 MOTION to Dismiss of Michael A. Jackson by Event Solutions International, Inc.. (Attachments: #1 Exhibit 8 to Jackson Decl., #2 Exhibit 9 to Jackson Decl.)(Maerker, Jenevieve) |
| Filing 14 DECLARATION re #12 MOTION to Dismiss of George Schooff by Event Solutions International, Inc.. (Attachments: #1 Exhibit 1 to Schooff Decl., #2 Exhibit 2 to Schooff Decl., #3 Exhibit 3 to Schooff Decl., #4 Exhibit 4 to Schooff Decl., #5 Exhibit 5 to Schooff Decl., #6 Exhibit 6 to Schooff Decl., #7 Exhibit 7 to Schooff Decl., #8 Exhibit 10 to Schooff Decl., #9 Exhibit 11 to Schooff Decl.)(Maerker, Jenevieve) |
| Filing 13 MEMORANDUM in Support re #12 MOTION to Dismiss filed by Event Solutions International, Inc.. (Maerker, Jenevieve) |
| Filing 12 MOTION to Dismiss by Event Solutions International, Inc..(Maerker, Jenevieve) |
| Filing 11 NOTICE of Appearance by Jenevieve J. Maerker on behalf of Event Solutions International, Inc. (Maerker, Jenevieve) |
| Filing 10 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting #9 Assented to Motion for Extension of Time to 8/9/19 to Respond to #1 Complaint. (Dambrosio, Jolyne) |
| Filing 9 Assented to MOTION for Extension of Time to August 9, 2019 to File Answer re #1 Complaint, by Motus, LLC.(Kruzer, James) |
| Filing 8 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting #7 Motion for Leave to Appear Pro Hac Vice - Added Jeffrey K. Riffer. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Dambrosio, Jolyne) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice for admission of Jeffrey K. Riffer Filing fee: $ 100, receipt number 0101-7770902 by Motus, LLC. (Attachments: #1 Certificate of Jeffrey K. Riffer)(Godkin, David) |
| Filing 6 SUMMONS Returned Executed Event Solutions International, Inc. served on 7/3/2019, answer due 7/24/2019. (Godkin, David) |
| Filing 5 NOTICE of Appearance by David S. Godkin on behalf of Motus, LLC (Godkin, David) |
| Filing 4 Summons Issued as to Event Solutions International, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Currie, Haley) |
| Filing 3 NOTICE of Case Assignment. Magistrate Judge Judith G. Dein assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Motus, LLC identifying Corporate Parent Motus Operations, LLC for Motus, LLC.. (Kruzer, James) |
| Filing 1 COMPLAINT against Event Solutions International, Inc. Filing fee: $ 400, receipt number 0101-7762733 (Fee Status: Filing Fee paid), filed by Motus, LLC. (Attachments: #1 Civil Cover Sheet Civil Action Cover Sheet, #2 Category Sheet)(Kruzer, James) |
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| Defendant: Event Solutions International, Inc. | |
| Represented By: | Jenevieve J. Maerker |
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| Plaintiff: Motus, LLC | |
| Represented By: | David S. Godkin |
| Represented By: | James E. Kruzer |
| Represented By: | Jeffrey K. Riffer |
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