ecobee, Inc. v. Prime Cellutions et al
Plaintiff: ecobee, Inc.
Defendant: Prime Cellutions, Home Headquarters and ArchStanton
Case Number: 1:2020cv12097
Filed: November 23, 2020
Court: US District Court for the District of Massachusetts
Presiding Judge: Allison D Burroughs
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1125
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 15, 2021 Filing 17 MOTION for Default Judgment AND PERMANENT INJUNCTIVE RELIEF as to Home Headquarters by ecobee, Inc.. (Attachments: #1 Affidavit of Counsel, #2 Text of Proposed Order)(Nickerson, Morgan)
January 15, 2021 Filing 16 Judge Allison D. Burroughs: ORDER entered. 30 DAY SETTLEMENT ORDER OF DISMISSAL as to Defendant ArchStanton Only. (McDonagh, Christina)
January 8, 2021 Filing 15 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On December 23, 2020, Plaintiff filed an affidavit of service demonstrating that the complaint was served on Defendant ArchStanton on December 8, 2020. [ECF No. 10]. As of January 8, 2021, Defendant ArchStanton has not answered or otherwise responded to the complaint. Plaintiff shall file a request for entry of default by January 22, 2021, or the action may be dismissed.(Folan, Karen)
January 5, 2021 Filing 14 Remark: Copies of the Notice of Default and Standing Order on Default was sent to the attorney of record for the Plaintiff to serve the defendant in the same manner as they served the Complaint and Summons in the case. (McDonagh, Christina)
January 5, 2021 Filing 13 Judge Allison D. Burroughs: ORDER entered. STANDING ORDER on motions for default judgment re #12 Notice: Clerk's Entry of Default (McDonagh, Christina)
January 5, 2021 Filing 12 NOTICE: Clerk's ENTRY OF DEFAULT as to Home Headquarters. (McDonagh, Christina)
January 5, 2021 Filing 11 Request for notice of default by ecobee, Inc. AS TO DEFENDANT HOME HEADQUARTERS. (Nickerson, Morgan)
December 23, 2020 Filing 10 AFFIDAVIT OF SERVICE Executed by ecobee, Inc.. ArchStanton served on 12/8/2020, answer due 12/29/2020. Acknowledgement filed by ecobee, Inc.. (Attachments: #1 Proof of Service)(Nickerson, Morgan)
December 18, 2020 Filing 9 NOTICE of Voluntary Dismissal by ecobee, Inc. (Nickerson, Morgan)
December 10, 2020 Filing 8 AFFIDAVIT OF SERVICE Executed by ecobee, Inc.. Home Headquarters served on 12/10/2020, answer due 12/31/2020. Acknowledgement filed by ecobee, Inc.. (Nickerson, Morgan)
December 9, 2020 Filing 7 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff filed a motion for alternative service of process because it has been unable to locate a physical address for Defendant Home Headquarters, which operates through e-commerce sites such as Amazon.com. [ECF No. #6 at 1]. Under the Federal Rules of Civil Procedure, a defendant "may be served in a judicial district of the United States by... following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made." Fed. R. Civ. P. 4(e)(1). In Massachusetts, a plaintiff may serve a defendant with process through alternative means when "he can find neither the defendant, nor defendant's last and usual abode, nor any agent upon whom service may be made." Mass. R. Civ. P. 4(d)(1). Courts in this jurisdiction have therefore allowed alternative service through Amazon.com's electronic mail service, as Plaintiff proposes. See, e.g., ecobee, Inc. v. Pro Click, et al., No. 20-cv-10332, ECF No. 6 (D. Mass. Feb. 20, 2020); ecobee, Inc. v. Techmatic, et al., No. 19-cv-10047, ECF No. #6 (D. Mass. Jan. 10, 2019); ecobee, Inc. v. Expedited Warehouse, et al., No. 18-cv-12513, ECF No. 7 (D. Mass. Dec. 11, 2018); Bigmouth, LLC v. Pantao Tang, No. 17-cv-10688, ECF No. 7 (D. Mass. May 15, 2017). The motion for alternative process, [ECF No. #6 ], is therefore GRANTED. (McDonagh, Christina)
December 8, 2020 Filing 6 MOTION FOR ALTERNATIVE SERVICE OF PROCESS as to Defendant Home Headquarters by ecobee, Inc.. (Attachments: #1 Exhibit A - Returned Mail, #2 Exhibit B - State Court Order, #3 Exhibit C - State Court Order, #4 Exhibit D- State Court Order)(Nickerson, Morgan)
December 7, 2020 Filing 5 AFFIDAVIT OF SERVICE Executed by ecobee, Inc.. Prime Cellutions served on 12/1/2020, answer due 12/22/2020. Acknowledgement filed by ecobee, Inc.. (Attachments: #1 Proof of Service)(Nickerson, Morgan)
November 23, 2020 Filing 4 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. (Baker, Casey)
November 23, 2020 Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 Donald L. Cabell. (Finn, Mary)
November 23, 2020 Filing 2 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Baker, Casey)
November 23, 2020 Filing 1 COMPLAINT against ArchStanton, Home Headquarters, Prime Cellutions Filing fee: $ 400, receipt number 0101-8522836 (Fee Status: Filing Fee paid), filed by ecobee, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Nickerson, Morgan) Modified to remove Attachment # 3 Form AO120 and refile using correct event on 11/23/2020 (Baker, Casey).

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Defendant: Prime Cellutions
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Defendant: Home Headquarters
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Defendant: ArchStanton
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Plaintiff: ecobee, Inc.
Represented By: Morgan T. Nickerson
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