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 |
U.S. District Court for the District of Massachusetts |
Julia E Kobick |
Paul G Levenson |
Patent |
35 U.S.C. § 271 Patent Infringement |
Plaintiff |
Docket Report
This docket was last retrieved on June 26, 2024. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 66 NOTICE of Appearance by Todd A. Sullivan on behalf of LEDVANCE LLC (Sullivan, Todd) |
Filing 65 Magistrate Judge Paul G. Levenson: ORDER entered The Court is denying Plaintiffs MOTION for Limited Admission to practice in Transferred Case by DS Advanced Enterprises. Docket No. #45 , The Court is granting Defendants Motion for Leave to Appear Pro Hac Vice #51 Added Todd A. Sullivan. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Dumoulin, Rose) |
Filing 64 District Judge Julia E. Kobick: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Paul G. Levenson Referred for: Events Only (e). Motions referred: #51 MOTION for Leave to Appear Pro Hac Vice for admission of Todd A. Sullivan Filing fee: $ 125, receipt number AMADC-10405593, #45 MOTION for Limited Admission to practice in Transferred Case. Motions referred to Paul G. Levenson. (Currie, Haley) |
Filing 63 REPLY to Response to #51 MOTION for Leave to Appear Pro Hac Vice for admission of Todd A. Sullivan Filing fee: $ 125, receipt number AMADC-10405593 filed by LEDVANCE LLC. (Landau, Daniel) |
Filing 62 District Judge Julia E. Kobick: ELECTRONIC ORDER granting #61 Assented to MOTION for Leave to File Defendant's Reply to Plaintiff's Opposition of Admission of Todd Sullivan Pro Hac Vice Counsel using the Electronic Case Filing System should now 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. (Currie, Haley) |
Filing 61 Assented to MOTION for Leave to File Defendant's Reply to Plaintiff's Opposition of Admission of Todd Sullivan Pro Hac Vice by LEDVANCE LLC. (Attachments: #1 Defendant's Reply to Plaintiff's Opposition of Admission of Todd Sullivan Pro Hac Vice, #2 Affidavit of Todd A. Sullivan)(Landau, Daniel) |
Filing 60 SUR-REPLY to Motion re #45 MOTION for Limited Admission to practice in Transferred Case filed by LEDVANCE LLC. (Landau, Daniel) |
Filing 59 District Judge Julia E. Kobick: ELECTRONIC ORDER granting #58 Assented to MOTION for Leave to File Defendant's Sur-Reply to Plaintiff's Motion for Leave to Practice in Transferred Case Counsel using the Electronic Case Filing System should now 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. (Currie, Haley) |
Filing 58 Assented to MOTION for Leave to File Defendant's Sur-Reply to Plaintiff's Motion for Leave to Practice in Transferred Case by LEDVANCE LLC. (Attachments: #1 Defendant's Sur-Reply to Plaintiff's Motion for Leave to Practice in Transferred Case)(Landau, Daniel) |
Filing 57 MEMORANDUM in Opposition re #51 MOTION for Leave to Appear Pro Hac Vice for admission of Todd A. Sullivan Filing fee: $ 125, receipt number AMADC-10405593 filed by DS Advanced Enterprises. (Attachments: #1 Affidavit of Patrick Cummins, #2 Supplement Certificate of Service, #3 Exhibit)(Cummins, Patrick) |
Filing 56 REPLY to Response to #45 MOTION for Limited Admission to practice in Transferred Case , replying to Defendant's Opposition, filed by DS Advanced Enterprises. (Attachments: #1 Affidavit of Patrick Cummins, #2 Affidavit of David Sherman)(Cummins, Patrick) |
Filing 55 District Judge Julia E. Kobick: ELECTRONIC ORDER granting #54 Assented to MOTION for Leave to File Attached Reply to Defendant's Opposition Counsel using the Electronic Case Filing System should now 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. (Currie, Haley) |
Filing 54 Assented to MOTION for Leave to File Attached Reply to Defendant's Opposition by DS Advanced Enterprises. (Attachments: #1 Supplement Reply Memo in Support of Plaintiff's Motion, #2 Affidavit of Patrick Cummins, #3 Affidavit of David Sherman, #4 Supplement Certification of Service)(Cummins, Patrick) |
Filing 53 NOTICE of Appearance by Jonathan Robert Raymond on behalf of LEDVANCE LLC (Raymond, Jonathan) |
Filing 52 Opposition re #45 MOTION for Limited Admission to practice in Transferred Case filed by LEDVANCE LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E - Declaration of Todd A. Sullivan)(Landau, Daniel) (Attachment 3 replaced on 5/14/2024) (Kelly, Danielle). Modified on 5/14/2024: removed blank page from Exhibit C (Kelly, Danielle). |
Filing 51 MOTION for Leave to Appear Pro Hac Vice for admission of Todd A. Sullivan Filing fee: $ 125, receipt number AMADC-10405593 by LEDVANCE LLC. (Attachments: #1 Affidavit of Todd A. Sullivan in Support of Defendant's Motion for Leave to Practice in This Court, #2 Exhibit 1 to Declaration of Todd A. Sullivan)(Landau, Daniel) |
Filing 50 District Judge Julia E. Kobick: ELECTRONIC ORDER granting #49 MOTION to Withdraw as Attorney for Donald A. Vaugn and Kyle K. Lauby as Counsel for Defendant - Attorney Kyle K. Lauby and Donald A. Vaughn terminated (Currie, Haley) |
Filing 49 MOTION to Withdraw as Attorney for Donald A. Vaugn and Kyle K. Lauby as Counsel for Defendant by LEDVANCE LLC. (Attachments: #1 Affidavit of Todd A. Sullivan in Support of Motion for Leave to Withdraw Donald A. Vaughn and Kyle K. Lauby as Counsel for Defendant)(Landau, Daniel) |
Filing 48 NOTICE by LEDVANCE LLC re #45 MOTION for Limited Admission to practice in Transferred Case of Intent to Oppose (Landau, Daniel) |
Filing 47 NOTICE of Appearance by Daniel H. Landau on behalf of LEDVANCE LLC (Landau, Daniel) |
Filing 46 NOTICE OF ATTORNEY PAYMENT OF FEES as to #45 MOTION for Limited Admission to practice in Transferred Case by Plaintiff DS Advanced Enterprises. Filing fee $ 125, receipt number AMADC-10397426. Payment Type : PRO HAC VICE. (Cummins, Patrick) |
Filing 45 MOTION for Limited Admission to practice in Transferred Case by DS Advanced Enterprises. (Attachments: #1 Affidavit in Support of Motion, #2 Supplement Certificate of Service)(Cummins, Patrick) |
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 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 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 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 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 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 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 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 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 U.S. 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.