MitraStar Technology Corporation v. Skyworks Solutions, Inc.
| MitraStar Technology Corporation |
| Skyworks Solutions, Inc. |
| 1:2020cv11729 |
| September 21, 2020 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| Filing 29 MANDATE of USCA as to #25 Notice of Appeal, filed by MitraStar Technology Corporation. Appeal #25 Terminated (Paine, Matthew) |
| Filing 28 USCA Judgment as to #25 Notice of Appeal, filed by MitraStar Technology Corporation (Paine, Matthew) |
| Filing 27 USCA Case Number 21-1130 for #25 Notice of Appeal, filed by MitraStar Technology Corporation. (Paine, Matthew) |
| Filing 26 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #25 Notice of Appeal. (Paine, Matthew) |
| Filing 25 NOTICE OF APPEAL as to 23 Order on Motion to Dismiss,,,,,,, #24 Order Dismissing Case by MitraStar Technology Corporation Filing fee: $ 505, receipt number 0101-8637701 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 3/8/2021. (Curtin, Jason) |
| Filing 24 Judge Richard G. Stearns: ORDER entered. Order of Dismissal. (Pacho, Arnold) |
| Filing 23 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #14 Motion to Dismiss. In this deja vu action, plaintiff MitraStar Technology Corporation reprises the allegations asserted by ZyXEL Communication. Inc. in an earlier lawsuit. See ZyXEL Commcns, Inc., v. Skyworks Solutions, Inc., No. 19-11573-RGS. In ZyXEL, ZyXEL, as MitraStar's assignee, asserted that Skyworks concealed the design flaw in an older model of a power amplifier component, and through Asian Information Technology Inc. (AIT), sold nearly one million units to MitraStar, which in turn incorporated the defective chips into wireless routers sold and distributed by ZyXEL in the United States. In the prior incarnation of the case, the court held that the forum selection clause in the purchase agreement between MitraStar and AIT required any dispute arising out of those sales to be litigated in the designated Taiwanese court. See ZyXEL, dkt # 83. Although MitraStar now advances claims for fraud and misrepresentation (claims excluded from ZyXEL on non-assignability basis) rather than contract, this case undeniably arises out of the same series of transactions by the same parties and seeks recovery for the same alleged injury. "We cannot accept the invitation to reward attempts to evade the enforcement of forum selection agreements through artful pleading of [tort] claims' in the context of a contract dispute.... The better general rule, we think, is that contract-related tort claims involving the same operative facts as a parallel claim for breach of contract should be heard in the forum selected by the contracting parties." Lambert v. Kysar, 983 F.2d 1110, 1121-1122 (1st Cir. 1993). Accordingly, Skyworks' motion to dismiss is ALLOWED on the grounds of improper forum. The Clerk will enter an order of dismissal and close the case. (Tang, Danni) |
| Filing 22 REPLY to Response to #14 MOTION to Dismiss and for Fees Under 28 U.S.C. 1927 filed by Skyworks Solutions, Inc.. (Ellsworth, Felicia) |
| Filing 21 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #20 Motion for Leave to File Reply re Motion to Dismiss of no more than 10 pages no later than 1/14/2021; Counsel using the Electronic Case Filing System should file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Tang, Danni) |
| Filing 20 MOTION for Leave to File a Reply Memorandum in Support of Motion to Dismiss the Complaint (Unopposed) by Skyworks Solutions, Inc..(Ellsworth, Felicia) |
| Filing 19 Opposition re #14 MOTION to Dismiss and for Fees Under 28 U.S.C. 1927 filed by MitraStar Technology Corporation. (Curtin, Jason) |
| Filing 18 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #17 Motion for Extension of Time to File Response/Reply re #14 MOTION to Dismiss and for Fees Under 28 U.S.C. 1927 Responses due by 12/17/2020 (Tang, Danni) |
| Filing 17 MOTION for Extension of Time to 12/17/2020 to File Response/Reply as to #14 MOTION to Dismiss and for Fees Under 28 U.S.C. 1927 by MitraStar Technology Corporation.(Curtin, Jason) |
| Filing 16 DECLARATION re #14 MOTION to Dismiss and for Fees Under 28 U.S.C. 1927 by Skyworks Solutions, Inc.. (Attachments: #1 Exhibit A - 8D Problem Solving Summary Report, #2 Exhibit B - Product Change Notification, #3 Exhibit C - Declaration of Attorney Joyce C. Fan and Accompanying Exhibits)(Ellsworth, Felicia) |
| Filing 15 MEMORANDUM in Support re #14 MOTION to Dismiss and for Fees Under 28 U.S.C. 1927 filed by Skyworks Solutions, Inc.. (Ellsworth, Felicia) |
| Filing 14 MOTION to Dismiss and for Fees Under 28 U.S.C. 1927 by Skyworks Solutions, Inc..(Ellsworth, Felicia) |
| Filing 13 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #12 Motion to Seal Exhibit on Skyworks's representation that the exhibit contains confidential technical information. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Tang, Danni) |
| Filing 12 MOTION to Seal Exhibit A to the Declaration of Felicia H. Ellsworth in Support of Skyworks' Motion to Dismiss the Complaint (Unopposed) by Skyworks Solutions, Inc..(Ellsworth, Felicia) |
| Filing 11 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #10 Motion for Extension of Time to Answer Skyworks Solutions, Inc. answer due 11/19/2020. (Tang, Danni) |
| Filing 10 MOTION for Extension of Time to November 19, 2020 to File Answer re #1 Complaint, (Unopposed) by Skyworks Solutions, Inc..(Ellsworth, Felicia) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT by Skyworks Solutions, Inc.. (Ellsworth, Felicia) |
| Filing 8 NOTICE of Appearance by Tess A. Foley on behalf of Skyworks Solutions, Inc. (Foley, Tess) |
| Filing 7 NOTICE of Appearance by Eric L. Hawkins on behalf of Skyworks Solutions, Inc. (Hawkins, Eric) |
| Filing 6 NOTICE of Appearance by Felicia H. Ellsworth on behalf of Skyworks Solutions, Inc. (Ellsworth, Felicia) |
| Filing 5 SUMMONS Returned Executed MitraStar Technology Corporation served on 9/29/2020, answer due 10/20/2020. (Curtin, Jason) |
| Filing 3 Summons Issued as to All Defendants. 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. (Warnock, Douglas) |
| Filing 2 ELECTRONIC NOTICE of Case 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 M. Page Kelley. (Finn, Mary) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by MitraStar Technology Corporation identifying Corporate Parent Unizyx Holding Corporation for MitraStar Technology Corporation.. (Alves-Baptista, Antonia) |
| Filing 1 COMPLAINT against Skyworks Solutions, Inc. Filing fee: $ 400, receipt number 0101-8427311 (Fee Status: Filing Fee paid), filed by MitraStar Technology Corporation. (Attachments: #1 Civil Cover Sheet, #2 Local Category Form, #3 Corporate Disclosure Statement)(Curtin, Jason) |
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