ecobee, Inc. v. eMonkey et al
| ecobee, Inc. |
| eMonkey, Quick Sales MP Inc. and Francisco Borboa doing business as KB-Networks |
| 1:2021cv10535 |
| March 30, 2021 |
| US District Court for the District of Massachusetts |
| M Page Kelley |
| Leo T Sorokin |
| Trademark |
| 15 U.S.C. ยง 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 18, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 16 Mail sent to ecobee, Inc. returned undelivered. (Pacho, Arnold) |
| Filing 15 MOTION for Default Judgment (Renewed) as to eMonkey by ecobee, Inc.. (Attachments: #1 Affidavit of Counsel, #2 Text of Proposed Order)(Nickerson, Morgan) |
| Filing 14 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered.Plaintiff ecobee, Inc. has moved for default judgment against Defendant eMonkey pursuant to Federal Rule of Civil Procedure 55. In support, ecobee offers an affidavit by counsel for ecobee attesting he caused copies of the summons and complaint to be served upon eMonkey via FedEx, adult signature required, at an address in Plano, Texas. Doc. No. 6 at 2. Attached to the affidavit is a FedEx receipt showing the delivery was signed for by a receptionist at the Plano address. Doc. No. 6-2 at 1. ecobee has not explained how service by FedEx complies with the requirements of Fed. R. Civ. P. 4. The Motion for Default Judgment (Doc. No. 12) is therefore DENIED with leave to refile. (Montes, Mariliz) |
| Filing 13 NOTICE by ecobee, Inc. OF VOLUNTARY DISMISSAL AS TO DEFENDANT FRANCISCO BORBOA d/b/a KB-Networks (only) (Nickerson, Morgan) |
| Filing 12 MOTION for Default Judgment as to eMonkey by ecobee, Inc.. (Attachments: #1 Affidavit of Counsel, #2 Text of Proposed Order)(Nickerson, Morgan) |
| Filing 11 NOTICE: Clerk's ENTRY OF DEFAULT as to eMonkey (Attachments: #1 Default Order)(Simeone, Maria) |
| Filing 10 Request for notice of default by ecobee, Inc. as to Defendant eMonkey. (Nickerson, Morgan) |
| Filing 9 ELECTRONIC NOTICE of Case RE-Assignment. District Judge Leo T. Sorokin 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 8 Refusal to Consent to Proceed Before a US Magistrate Judge. . (Nickerson, Morgan) |
| Filing 7 NOTICE by ecobee, Inc. OF VOLUNTARY DISMISSAL AS TO DEFENDANT QUICK SALES MP INC. (only) (Nickerson, Morgan) |
| Filing 6 AFFIDAVIT OF SERVICE Executed by ecobee, Inc.. Quick Sales MP Inc. served on 4/1/2021, answer due 4/22/2021; eMonkey served on 3/31/2021, answer due 4/21/2021. Acknowledgement filed by ecobee, Inc.. (Attachments: #1 Exhibit A - Confirmation of Receipt, #2 Exhibit B - Confirmation of Receipt)(Nickerson, Morgan) |
| Filing 5 AFFIDAVIT OF SERVICE Executed by ecobee, Inc.. Francisco Borboa served on 3/30/2021, answer due 4/20/2021. Acknowledgement filed by ecobee, Inc.. (Nickerson, Morgan) |
| 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. (Pacho, Arnold) |
| Filing 3 NOTICE of Case Assignment. Magistrate Judge M. Page Kelley 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 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Pacho, Arnold) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 402, receipt number 0101-8703183 (Fee Status: Filing Fee paid), filed by ecobee, Inc.. (Attachments: #1 Civil Cover Sheet, #2 JS45 Category Form, #3 Form AO120)(Nickerson, Morgan) Modified on 3/30/2021 to docket AO120 Form as a separate docket entry (Pacho, Arnold). |
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