Tour Technology Software, Inc. v. RTV, Inc.
| Tour Technology Software, Inc. |
| John Does I-X, RTV, Inc. and Jane Does XI-XX |
| 1:2019cv00245 |
| March 29, 2019 |
| US District Court for the Western District of Michigan |
| Southern Division (1) Office |
| Robert J Jonker |
| Ray Kent |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2019. A more recent docket listing may be available from PACER.
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| Filing 36 REPORT from the Clerk, WDMI, to the Director of the U.S. Patent and Trademark Office on the filing of a PATENT ACTION (ns) |
| Filing 35 ATTORNEY ADMISSION LETTER sent to attorney Mitchell S. Feller; attorney admission deadline set for 4/26/2019; (ns) |
| Filing 34 ATTORNEY ADMISSION LETTER sent to attorney Anthony H. Handal; attorney admission deadline set for 4/26/2019; (ns) |
| Filing 33 NOTICE of receipt of case (ns) |
| Filing 32 CASE TRANSFERRED IN from New York Eastern, their case number 1:17-cv-05817; the documents listed above were electronically transferred to the Western District of Michigan (jlg) |
| Copy of Receipt of Case Notice #33 sent via U.S. Mail to Anthony H. Handal and Mitchell S. Feller (ns) |
Filing 31
MEMORANDUM AND ORDER re #21 Motion to Dismiss by RTV, Inc. For the reasons set forth in the attached Memorandum and Order, the Court finds that venue as to Defendant RTV is improper in the Eastern District of New York. The Court transfers the action with respect to Plaintiff's claims against Defendant RTV to the Western District of Michigan. The Court grants Plaintiff thirty (30) days from the date of this Memorandum and Order to inform the Court whether it wishes to proceed or withdraw its claims against John Does I-X and Jane Does XI-XX. Ordered by Judge Margo K. Brodie on 3/27/2019. (Borochoff-Porte, Alison) [Transferred from New York Eastern on 3/29/2019.]
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Filing 30
MEMORANDUM AND ORDER denying #20 Motion to Disqualify Counsel. For the reasons set forth in the attached Opinion, plaintiff's motion to disqualify defendant's counsel is denied in its entirety. So Ordered by Magistrate Judge Cheryl L. Pollak on 8/2/2018. (Blase, Brendan) [Transferred from New York Eastern on 3/29/2019.]
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| Filing 29 Letter by Tour Technology Software, Inc. (Handal, Anthony) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 28 NOTICE by RTV, Inc. of Supplemental Authority re Motion to Dismiss (Feller, Mitchell) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 27 REPLY in Support re #21 Notice of MOTION to Dismiss with EX 1 filed by RTV, Inc.. (Attachments: #1 Declaration of M. Feller with Ex. A-H) (Feller, Mitchell) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 26 REPLY in Support on Motion to Disqualify filed by Tour Technology Software, Inc.. (Handal, Anthony) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 25 EXHIBIT A-I by Tour Technology Software, Inc.. Related document: #24 Memorandum in Opposition filed by Tour Technology Software, Inc.. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I) (Handal, Anthony) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 24 MEMORANDUM in Opposition to RTV'S Motion to Dismiss filed by Tour Technology Software, Inc.. (Handal, Anthony) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 23 Letter by Tour Technology Software, Inc. (Handal, Anthony) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 22 MEMORANDUM in Opposition re #20 MOTION to Disqualify Counsel filed by RTV, Inc.. (Attachments: #1 Declaration of M. Feller and Ex. A-D) (Feller, Mitchell) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 21 Notice of MOTION to Dismiss by RTV, Inc.. (Attachments: #1 Memorandum in Support of motion to dismiss, #2 Declaration of J. LaVanture) (Feller, Mitchell) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 20 MOTION to Disqualify Counsel by Tour Technology Software, Inc.. (Attachments: #1 Exhibit A) (Handal, Anthony) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 19 STATUS REPORT (Joint) by RTV, Inc. (Feller, Mitchell) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 18 AMENDED COMPLAINT against All Defendants, filed by Tour Technology Software, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (Handal, Anthony) [Transferred from New York Eastern on 3/29/2019.] |
| Minute Entry for proceedings held before Judge Margo K. Brodie: Pre Motion Conference held on 2/13/2018. Anthony H. Handal appeared on behalf of Plaintiff. Mitchell S. Feller appeared on behalf of Defendant. Plaintiff shall file an amended complaint on or before March 13, 2018. If defendant decides to move to dismiss the amended complaint defendant shall serve its motion on or before April 10, 2018, plaintiff shall respond on or before May 1, 2018 and, if necessary, defendant shall reply on or before May 15, 2018. The parties will adhere to the same schedule for plaintiff's motion to disqualify defendant's counsel. (Court Reporter Annette Montalvo.) (Stanford, Nia) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 17 Joint MOTION to Adjourn Conference - initial scheduling conference [Dkt 10] by RTV, Inc.. (Feller, Mitchell) [Transferred from New York Eastern on 3/29/2019.] |
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ELECTRONIC ORDER granting #17 Motion to Adjourn Conference. Request granted. The Court finds there is good cause to delay the initial conference and issuance of the scheduling order. See Fed. R. Civ. P. 16(b)(2). The initial conference previously scheduled for 2/6/2018 is ADJOURNED sine die. The parties shall file a Status Report once Judge Brodie has resolved the motion to disqualify counsel and the motion to dismiss for improper venue or by 03/15/2018, whichever occurs first. The parties are encouraged to continue their settlement efforts and should advise the Court if they believe that an early settlement conference or a referral to the EDNY's Court-Annexed Mediation Program would be helpful. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/18/2018. (Blase, Brendan) [Transferred from New York Eastern on 3/29/2019.]
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ORDER granting #11 , #12 , #14 Motions for Pre Motion Conference. Pre Motion Conference is scheduled for February 13, 2018 at 10:30 AM in Courtroom 6F North before Judge Margo K. Brodie. Ordered by Judge Margo K. Brodie on 1/17/2018. (Francis-McLeish, Ogoro) Modified on 1/17/2018 to link to correct letter (Blase, Brendan). [Transferred from New York Eastern on 3/29/2019.]
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| Filing 16 Letter responding to Pl. pre-conference request re disqualification of defense counsel by RTV, Inc. (Feller, Mitchell) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 15 Letter respecting venue by Tour Technology Software, Inc. (Handal, Anthony) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 14 Letter Pre-motion by Tour Technology Software, Inc. (Handal, Anthony) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 13 Corporate Disclosure Statement by RTV, Inc. (Feller, Mitchell) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 12 MOTION for pre motion conference re #1 Complaint,,, Leave to file Rule 12(b) motion to dismiss for improper venue [refiled; wrong version linked in Doc 11[ by RTV, Inc.. (Feller, Mitchell) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 11 Letter MOTION for pre motion conference re #1 Complaint,,, Leave to file Rule 12(b) motion to dismiss for improper venue by RTV, Inc.. (Feller, Mitchell) [Transferred from New York Eastern on 3/29/2019.] |
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Filing 10
SCHEDULING ORDER: An Initial Conference is set for 2/6/2018 @ 11:30 AM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 11/29/2017. (Caggiano, Diana)[Transferred from New York Eastern on 3/29/2019.]
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ELECTRONIC ORDER granting #9 Motion for Extension of Time to Answer. RTV, Inc. shall answer or otherwise respond to the Complaint by 1/8/2018. So Ordered by Magistrate Judge Cheryl L. Pollak on 11/29/2017. (Blase, Brendan) [Transferred from New York Eastern on 3/29/2019.]
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| Filing 9 First MOTION for Extension of Time to File Answer re #1 Complaint,,, by RTV, Inc.. (Feller, Mitchell) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 8 WAIVER OF SERVICE Returned Executed by Tour Technology Software, Inc.. RTV, Inc. waiver sent on 10/31/2017, answer due 1/1/2018. (Handal, Anthony) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 7 NOTICE of Appearance by Mitchell S. Feller on behalf of RTV, Inc. (aty to be noticed) (Feller, Mitchell) [Transferred from New York Eastern on 3/29/2019.] |
| CASE REASSIGNED INTO PATENT PILOT PROGRAM. Case reassigned to Magistrate Judge Cheryl L. Pollak for all further proceedings. Magistrate Judge Robert M. Levy no longer assigned to case (Marziliano, August) [Transferred from New York Eastern on 3/29/2019.] |
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PATENT PILOT REASSIGNMENT ORDER. The Clerk of Court is directed to reassign this case from the patent pilot wheel. Ordered by Magistrate Judge Robert M. Levy on 10/17/2017. (Marino, Janine) [Transferred from New York Eastern on 3/29/2019.]
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| Filing 6 Notice of Report on the filing of an action regarding a Patent or Trademark. (Rocco, Christine) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/sites/default/files/ao085.pdf. You may withhold your consent without adverse substantive consequences. Do not return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 3 Summons Issued as to RTV, Inc.. (Bowens, Priscilla) [Transferred from New York Eastern on 3/29/2019.] |
| This is a patent case and is eligible for the Patent Pilot Project. (Bowens, Priscilla) [Transferred from New York Eastern on 3/29/2019.] |
| Case assigned to Judge Margo K. Brodie and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) [Transferred from New York Eastern on 3/29/2019.] |
| NOTICE - the Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to forward a completed Civil Cover Sheet, answering all questions in NY-E Division of Business Rule 50.1(d)(2) section on the second page. This document can be found under the event Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 2 DISCLOSURE of Interested Parties by Tour Technology Software, Inc.. (Bowens, Priscilla) [Transferred from New York Eastern on 3/29/2019.] |
| Filing 1 COMPLAINT against RTV, INC. filing fee $ 400, receipt number 0207-9879597 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by TOUR TECHNOLOGY SOFTWARE, INC.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Rule 7.1, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I) (Handal, Anthony) (Attachment 1 replaced on 10/5/2017) (Bowens, Priscilla). (Attachment 6 replaced on 10/5/2017) (Bowens, Priscilla). (Attachment 7 replaced on 10/5/2017) (Bowens, Priscilla). (Attachment 8 replaced on 10/5/2017) (Bowens, Priscilla). (Attachment 9 replaced on 10/5/2017) (Bowens, Priscilla). (Attachment 10 replaced on 10/5/2017) (Bowens, Priscilla). [Transferred from New York Eastern on 3/29/2019.] |
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