DS Advanced Enterprises v. LEDVANCE LLC et al
| DS Advanced Enterprises |
| LEDVANCE LLC and Lowes Global Sourcing Shanghai Trading Co. Ltd. |
| 1:2024cv11155 |
| April 30, 2024 |
| US District Court for the District of Massachusetts |
| Julia E Kobick |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 30, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 44 ELECTRONIC NOTICE of Case Assignment. District Judge Julia E. Kobick 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 Paul G. Levenson. (Danieli, Chris) |
| Filing 43 Case transferred in from District of California Central; Case Number 5:23-cv-02058. |
| Filing 42 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (rolm) |
Filing 41
MINUTES (IN CHAMBERS) ORDER RE: MOTION TO DISMISS, OR IN THE ALTERNATIVE TO TRANSFER VENUE TO THE DISTRICT OF MASSACHUSETTS #31 by Judge Mark C. Scarsi. The Court grants Defendant's motion to transfer venue. The action is hereby transferred to the United States District Court for the District of Massachusetts. (SEE DOCUMENT FOR FURTHER DETAILS.) ( MD JS-6. Case Terminated ) (rolm)
|
| Filing 40 FINANCIAL ENTRY: Received $300.00 from Patrick D. Cummins on 04/23/2024. Re: Minutes of In Chambers Order/Directive - no proceeding held,,,,,, #38 . Receipt number 16304. (fa) |
| Filing 39 STATUS REPORT filed by Plaintiff DS Advanced Enterprises. (Attachments: #1 Exhibit, #2 Declaration in Support of Joint Statement, #3 Signature Certification, #4 Proof of Service)(Cummins, Patrick) |
|
Filing 38
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER IMPOSING SANCTIONS. re: The Court previously ordered Plaintiff's counsel to show cause why sanctionsshould not be imposed for his failure to appear at a motion hearing on March 18,2024 #36 . Plaintiff's counsel filed a response to the order declaring that he mistakenly believed based on his experience in a different district that no hearing was scheduled. On its own motion, the court reconsiders its Order to Show Cause pursuant to Rule 54(b). Fed. R. Civ. P. 54(b). Specifically, the Court abrogates the part of the order requiring "Mr. Cummins to pay Defendant the attorney's fees and travel costs it incurred for its counsel's appearance at the motion hearing." The Court deems Plaintiff's counsels failure to appear at the hearing a violation of Local Rule 7-14 and "willful disobedience of a court order." But an award of sanctions to Defendants counsel in the magnitude memorialized by the spreadsheet counsel emailed to Mr. Cummins would not be just. The Court accepts Plaintiff's counsel's apologies as sincere, but counsel's mistaken belief is insufficient to excuse his non-appearance. The Court orders Plaintiff's counsel to pay Defendant $3,000, consisting of Defendants counsel' s travel costs and reasonable fees incurred for time spent at the hearing. Plaintiff's counsel shall pay Defendant by April 8, 2024. The parties shall file a joint status report within five days of Plaintiffs counsel's payment. Further, the Court orders Plaintiff's counsel to pay $300 in monetary sanctions to the Clerk of the Court by April 8, 2024. (lc)
|
| Filing 37 REPLY filed by Plaintiff DS Advanced Enterprises to Minutes of In Chambers Order/Directive - no proceeding held,,,,, #36 (Attachments: #1 Declaration, #2 Exhibit)(Cummins, Patrick) |
|
Filing 36
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER TO SHOW CAUSE AND IMPOSING SANCTIONS. The Court held a hearing on Defendant LEDVANCE LLC's motion to dismiss on March 18, 2024, but Plaintiff's counsel, Patrick Cummins, failed to appear. This Court orders Mr. Cummins to show cause why sanctions should not be imposed for his failure to appear at the motion hearing. Mr. Cummins shall file a written response within seven days of this Order. Failure to file a timely response will result in sanctions, such as monetary sanctions or dismissal, without further notice. Further, the Court deems Mr. Cummins's failure to appear at the hearing a violation of Local Rule 7-14 and "willful disobedience of a court order." Court orders Mr. Cummins to pay Defendant the attorney's fees and travel costs it incurred for its counsels appearance at the motion hearing. If the parties agree on the measure of the sanction, Mr. Cummins shall pay Defendant that amount, and the parties shall file a joint statement indicating Mr. Cummins completed the payment within 14 days. If the parties cannot agree on the measure of the sanction, Defendant instead may file a motion for an award of fees and costs, in addition to fees incurred to file the motion, within 21 days. The Court takes the motion under submission and declines to reset the hearing. (lc)
|
| Filing 35 MINUTES of Motion to Dismiss Case or, in the Alternative, to Transfer Venue to the District of Massachusetts (ECF No. #31 ) hearing held before Judge Mark C. Scarsi. No appearance by plaintiff nor its attorney, Patrick Cummins. The Court will issue an order to show cause why sanctions should not be imposed for his failure to appear at today's hearing. Order to issue. The Court takes the Motion UNDER SUBMISSION and a ruling will be issued. IT IS SO ORDERED. Attorney for Plaintiff(s): No appearance. Attorney for Defendant(s): Todd A. Sullivan and Donald A. Vaughn. Courtroom Deputy: Stephen Montes Kerr. Time in Court: 2 mins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. Court Reporter: CourtSmart. (smo) |
| Filing 34 REPLY in support of a motion NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative To Transfer Venue To The District Of Massachusetts #31 filed by Defendant LEDVANCE LLC. (Sullivan, Todd) |
| Filing 33 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative To Transfer Venue To The District Of Massachusetts #31 and in Opposition to Defendant's Request for Judicial Notice, filed by Plaintiff DS Advanced Enterprises. (Attachments: #1 Supplement Certificate of Service, #2 Proposed Order Denying Defendant's Motions)(Cummins, Patrick) |
| Filing 32 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative To Transfer Venue To The District Of Massachusetts #31 filed by Defendant LEDVANCE LLC. (Attachments: #1 Proposed Order GRANTING REQUEST FOR JUDICIAL NOTICE REGARDING LEDVANCES MOTION TO DISMISS OR TRANSFER)(Sullivan, Todd) |
| Filing 31 NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative To Transfer Venue To The District Of Massachusetts filed by Defendant LEDVANCE LLC. Motion set for hearing on 3/18/2024 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Memorandum OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS MOTION TO DISMISS, OR IN THE ALTERNATIVE TO TRANSFER VENUE TO THE DISTRICT OF MASSACHUSETTS, #2 Exhibit A-F to Memorandum, #3 Exhibit G to Memorandum, #4 Proposed Order Granting Defendant's Motion to Dismiss, or in the Alternative to Transfer Venue to the District of Massachusetts) (Sullivan, Todd) |
|
Filing 30
ORDER GRANTING LEAVE TO AMEND (ECF Nos. 23 and 29) by Judge Mark C. Scarsi. IT IS HEREBY ORDERED that Plaintiff's "First Amended Complaint" (Doc. 27) is accepted. IT IS FURTHER ORDERED that Defendant shall move or plead not later than 21 days from entry of this Order. IT IS FURTHER ORDERED that Defendant's "Motion to Dismiss, or in the Alternative to transfer Venue to the District of Massachusetts" (Doc. 23) and "Request for Judicial Notice" (Doc. 24) are hereby withdrawn without prejudice. (lom)
|
| Filing 29 Notice OF NON-OPPOSITION TO ENTRY OF AN ORDER GRANTING PLAINTIFF LEAVE TO FILE PROPOSED FIRST AMENDED COMPLAINT (DOC. NO. 27), AND JOINT NOTICE OF WITHDRAWAL OF DEFENDANT'S PENDING RULE 12 MOTION (DOC. 23), SUBJECT TO ENTRY OF ORDER PERMITTING FILING OF FIRST AMENDED COMPLAINT (DOC. NO. 27) filed by DEFENDANT LEDVANCE LLC. (Attachments: #1 Proposed Order Granting Leave to Amend)(Sullivan, Todd) |
| Filing 28 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative To Transfer Venue To The District Of Massachusetts #23 filed by Plaintiff DS Advanced Enterprises. (Attachments: #1 Exhibit A and B, #2 Request for Judicial Notice, #3 Declaration in Support of Opposition, #4 Proposed Order Denying Defendant's Motions, #5 Certificate of Service)(Cummins, Patrick) |
| Filing 27 FIRST AMENDED COMPLAINT against DEFENDANT All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff DS Advanced Enterprises (Attachments: #1 Exhibit 1-44 with Table of Contents, #2 Declaration in Support of FAC, #3 Appendix Certificate of Service, #4 Appendix FAC Red Line Version, #5 Proposed Order)(Cummins, Patrick) |
|
Filing 26
ORDER GRANTING MOTION FOR CONTINUANCE OF HEARING DATE #25 by Judge Mark C. Scarsi: Upon consideration of Parties' joint motion for a two-week continuance for the hearing date for Defendant's Motion to Dismiss and Defendants Motion to Transfer Venue #23 and Defendant's Request for Judicial Notice #24 , the hearing date shall be February 5, 2024, at 9:00 a.m. and Parties shall file opposition and reply papers on or before January 15, 2024 and January 22, 2024, respectively. (lc)
|
| Filing 25 First NOTICE OF MOTION AND MOTION for Extension of Time to File Opposition Brief(s) filed by Plaintiff DS Advanced Enterprises. Motion set for hearing on 1/22/2024 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration, #2 Supplement, #3 Supplement, #4 Proposed Order) (Cummins, Patrick) |
| Filing 24 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative To Transfer Venue To The District Of Massachusetts #23 filed by Defendant LEDVANCE LLC. (Attachments: #1 Declaration of Todd A. Sullivan in Support of Defendant's Request for Judicial Notice, #2 Exhibit 1, #3 Proposed Order Granting Request for Judicial Notice Regarding Ledvance's Motion to Dismiss or Transfer)(Sullivan, Todd) |
| Filing 23 NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative To Transfer Venue To The District Of Massachusetts filed by Defendant LEDVANCE LLC. Motion set for hearing on 1/22/2024 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS MOTION TO DISMISS, OR IN THE ALTERNATIVE TO TRANSFER VENUE TO THE DISTRICT OF MASSACHUSETTS, #2 Exhibit Exhibit A to Memorandum, #3 Exhibit Exhibit B to Memorandum, #4 Proposed Order Proposed Order Granting Defendant's Motion to Dismiss, or in the Alternative to Transfer Venue to the District of Massachusetts) (Sullivan, Todd) |
|
Filing 22
ORDER GRANTING APPLICATION of Non-Resident Attorney Todd A. Sullivan to Appear Pro Hac Vice on behalf of Defendant LEDVANCE LLC and designating Kyle K. Lauby as local counsel #20 by Judge Mark C. Scarsi. (lc)
|
| Filing 21 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Todd A. Sullivan to Appear Pro Hac Vice on behalf of Defendant LEDVANCE LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36550103) #20 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. (lt) |
| Filing 20 APPLICATION of Non-Resident Attorney Todd A. Sullivan to Appear Pro Hac Vice on behalf of Defendant LEDVANCE LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36550103) filed by defendant LEDVANCE LLC. (Attorney Kyle K Lauby added to party LEDVANCE LLC(pty:dft)) (Lauby, Kyle) |
| Filing 19 Notice and CERTIFICATE of Interested Parties filed by Defendant LEDVANCE LLC, identifying Ledvance Holdings LLC; Ledvance GmbH; MLS Co., Ltd.. (Vaughn, Donald) |
| Filing 18 Joint STIPULATION Extending Time to Answer the complaint as to LEDVANCE LLC answer now due 12/20/2023, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant LEDVANCE LLC.(Attorney Donald A Vaughn added to party LEDVANCE LLC(pty:dft))(Vaughn, Donald) |
| Filing 17 NOTICE OF ERRATA filed by Plaintiff DS Advanced Enterprises. correcting Complaint (Attorney Civil Case Opening), #1 correcting two minor citation errors (Attachments: #1 Exhibit showing minor correction to Doc. No. 1-2 at pg. 2)(Cummins, Patrick) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff DS Advanced Enterprises, upon Defendant LEDVANCE LLC served on 10/30/2023, answer due 11/20/2023. Service of the Summons and Complaint were executed upon Manager at LEDVANCE, LLC's Ontario, California facility in compliance with Federal Rules of Civil Procedure by personal service (Cummins, Patrick) |
| Filing 15 NOTICE OF DISMISSAL filed by Plaintiff DS Advanced Enterprises pursuant to FRCP 41a(1) without Prejudice as to Lowes Global Sourcing Shanghai Trading Co. Ltd.. (Attachments: #1 Declaration in Support of Voluntary Dismissal without Prejudice)(Cummins, Patrick) |
|
Filing 14
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
|
| Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants LEDVANCE LLC, Lowes Global Sourcing Shanghai Trading Co. Ltd.. (rolm) |
|
Filing 13
NOTICE AND ORDER REGARDING TRANSFER AND/OR REASSIGNMENT OF PATENT CASE by Judge Jesus G. Bernal. Case transferred from Judge Jesus G. Bernal and Magistrate Judge Sheri Pym to Judge Mark C. Scarsi and Magistrate Judge Patricia Donahue for all further proceedings. Case number now reads 5:23-cv-02058-MCS(PDx). (ap)
|
| Filing 11 NOTICE of Interested Parties filed by Plaintiff DS Advanced Enterprises, (Cummins, Patrick) |
| Filing 10 Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons, #8 filed by Plaintiff DS Advanced Enterprises. (Cummins, Patrick) |
| Filing 9 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by DS Advanced Enterprises. (Cummins, Patrick) |
| Filing 8 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #2 . The following error(s) was found: The date and signature line must be left blank. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (sh) |
| Filing 7 NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (sh) |
| Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. Attachment(s): # 3 Civil Cover Sheet The document(s) should have been filed separately using their true events. You are not required to take any action to correct this deficiency unless the Court so directs. (sh) |
| Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Sheri Pym. (sh) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff DS Advanced Enterprises. (Cummins, Patrick) |
| Filing 1 COMPLAINT Receipt No: ACACDC-36188386 - Fee: $402. (Attachments: #1 Exhibit 1-59 with Table of Contents, #2 Declaration in Support of Complaint, #3 Civil Cover Sheet for Patent Infringement) (Attorney Patrick Cummins added to party DS Advanced Enterprises(pty:pla))(Cummins, Patrick) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
