Atari Interactive, Inc. v. Target Corporation
Plaintiff: Atari Interactive, Inc.
Defendant: Target Corporation
Case Number: 0:2020cv00054
Filed: January 6, 2020
Court: US District Court for the District of Minnesota
Presiding Judge: Patrick J Schiltz
Referring Judge: Becky R Thorson
Nature of Suit: Trademark
Cause of Action: 15:1051
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 6, 2020 Filing 48 TEXT ONLY ENTRY: Notice re: Non-Admitted AttorneyWe have received documents listing Keith J. Wesley, Brett David Katz, Jeffrey A. Mitchell, Lita Beth Wright, Noam Besdin, Peter Routhier as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #href=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms#. (kt) cc: Keith J. Wesley, Brett David Katz, Jeffrey A. Mitchell, Lita Beth Wright, Noam Besdin, Peter Routhier. (kt)
January 6, 2020 Filing 47 Case transferred in from District of New York Southern; Case Number 1:19-cv-03111. Original file certified copy of transfer order and docket sheet received. Case assigned to Judge Patrick J. Schiltz and referred to Magistrate Judge Becky R. Thorson per 3rd/4th Copyright/Trademark List.
December 26, 2019 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Minnesota (mro) [Transferred from New York Southern on 1/6/2020.]
December 26, 2019 Opinion or Order Filing 46 ORDER TRANSFERRING ACTION: For the reasons stated in the Opinion & Order filed December 10, 2019 (ECF 45), this civil action is transferred to the District of Minnesota pursuant to 28 U.S.C. 1404(a). The Clerk is respectfully directed to take all necessary steps to effectuate the transfer and to close this case on the docket of the Southern District of New York. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 12/26/2019) (rro) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 1/6/2020.]
December 10, 2019 Opinion or Order Filing 45 OPINION & ORDER re: #14 MOTION to Dismiss and to Transfer filed by Target Corporation, #18 AMENDED MOTION to Dismiss and to Transfer (re Docket No. 14) filed by Target Corporation. In balancing the relevant factors, the Court finds that the locus of operative facts, the convenience of witnesses, the convenience of the parties, and the availability of process to compel the attendance of unwilling witnesses all weigh in favor of transfer. The remaining factors, plaintiff's choice of forum, the location of relevant documents and the ease of access to sources of proof, the relative means of the parties, and the forum's familiarity with the governing law, are either neutral or only weigh slightly against transfer. Accordingly, the Court finds that Defendant has made a meritorious motion to transfer this case in its entirety. The Court will delay issuing the order of transfer however, until after December 24, 2019, to allow Plaintiff to seek a stay in the event he seeks review of this Opinion and Order pursuant to Federal Rule of Civil Procedure 72(a) and chooses to make a motion for a stay pending that review. In the absence of an order granting such a stay, however, the Court will direct the Clerk, by separate order issued after December 24, 2019, to effectuate the transfer. (Signed by Magistrate Judge Ona T. Wang on 12/10/2019) (mro) [Transferred from New York Southern on 1/6/2020.]
November 22, 2019 Filing 44 LETTER addressed to Magistrate Judge Ona T. Wang from Brett D. Katz dated November 22, 2019 re: Status of Discovery. Document filed by Atari Interactive, Inc..(Katz, Brett) [Transferred from New York Southern on 1/6/2020.]
November 15, 2019 Opinion or Order Filing 43 ORDER: Plaintiff is directed to submit a status letter to the Court detailing the following: the status of document discovery including what has been completed thus far, and what is left to be completed; the number of depositions Plaintiff needs and where the deponents are located; and any other discovery that remains outstanding and a proposal for how long it will take to complete. The status letter must be filed by November 22, 2019. (Signed by Magistrate Judge Ona T. Wang on 11/15/2019) (rro) [Transferred from New York Southern on 1/6/2020.]
November 15, 2019 Filing 42 JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Brett D. Katz and Peter M. Routhier dated November 15, 2019 re: Joint Status Update. Document filed by Atari Interactive, Inc..(Katz, Brett) [Transferred from New York Southern on 1/6/2020.]
November 4, 2019 Filing 41 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Ona T. Wang from Peter M. Routhier dated 11/04/2019 re: #40 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Ona T. Wang from Brett D. Katz dated November 1, 2019. . Document filed by Target Corporation. (Routhier, Peter) [Transferred from New York Southern on 1/6/2020.]
November 1, 2019 Filing 40 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Ona T. Wang from Brett D. Katz dated November 1, 2019. Document filed by Atari Interactive, Inc..(Katz, Brett) [Transferred from New York Southern on 1/6/2020.]
October 18, 2019 Opinion or Order Filing 39 MEMO ENDORSEMENT on re: #38 Letter filed by Atari Interactive, Inc. ENDORSEMENT: The next joint status letter shall be filed by November 15, 2019. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 10/18/2019) (rro) [Transferred from New York Southern on 1/6/2020.]
October 1, 2019 Filing 38 JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Brett D. Katz and Peter M. Routhier dated October 1, 2019 re: Joint Status Update. Document filed by Atari Interactive, Inc..(Katz, Brett) [Transferred from New York Southern on 1/6/2020.]
August 1, 2019 Opinion or Order Filing 37 MEMO ENDORSEMENT on re: #36 Letter re: Status of Motion to Dismiss and Settlement Conference filed by Atari Interactive, Inc. ENDORSEMENT: The next joint status letter shall be filed by October 1, 2019. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 8/1/2019) (rj) [Transferred from New York Southern on 1/6/2020.]
July 31, 2019 Filing 36 JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Keith J. Wesley and Peter M. Routhier dated July 31, 2019 re: Status of Motion to Dismiss and Settlement Conference. Document filed by Atari Interactive, Inc..(Wesley, Keith) [Transferred from New York Southern on 1/6/2020.]
June 12, 2019 Opinion or Order Filing 35 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties may amend the pleadings or join additional parties until October 1, 2019. All fact discovery shall be completed by December 6, 2019. All expert discovery shall be completed by January 31, 2020. The parties are required to follow the Court's Individual Practices when seeking Court intervention on discovery disputes. See http://www.nysd.uscourts.gov/judge/Wang. A joint status letter shall be filed with the Court by July 31, 2019. The letter should address the status of the parties' motion to dismiss and transfer. It should also indicate whether the parties wish to schedule a settlement conference and, if so, include proposed dates on at least two consecutive weeks. The parties request a jury trial. (Amended Pleadings due by 10/1/2019. Joinder of Parties due by 10/1/2019. Fact Discovery due by 12/6/2019. Expert Discovery due by 1/31/2020.) (Signed by Magistrate Judge Ona T. Wang on 6/12/2019) (rro) [Transferred from New York Southern on 1/6/2020.]
June 11, 2019 Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Initial Pretrial Conference held on 6/11/2019. Brett D. Katz present for Plaintiff. Noam Besdin and Peter Routhier present for Defendant. (Court Reporter Courtflow) (wv) [Transferred from New York Southern on 1/6/2020.]
June 4, 2019 Filing 34 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Atari Interactive, Inc..(Wesley, Keith) [Transferred from New York Southern on 1/6/2020.]
June 3, 2019 Filing 33 DECLARATION of Melissa Jungbauer in Support re: #18 AMENDED MOTION to Dismiss and to Transfer (re Docket No. 14).. Document filed by Target Corporation. (Besdin, Noam) [Transferred from New York Southern on 1/6/2020.]
June 3, 2019 Filing 32 REPLY MEMORANDUM OF LAW in Support re: #18 AMENDED MOTION to Dismiss and to Transfer (re Docket No. 14). . Document filed by Target Corporation. (Besdin, Noam) [Transferred from New York Southern on 1/6/2020.]
May 27, 2019 Filing 31 NOTICE OF APPEARANCE by Peter Routhier on behalf of Target Corporation. (Routhier, Peter) [Transferred from New York Southern on 1/6/2020.]
May 23, 2019 Filing 30 DECLARATION of Frederic Chesnais in Opposition re: #18 AMENDED MOTION to Dismiss and to Transfer (re Docket No. 14).. Document filed by Atari Interactive, Inc.. (Wesley, Keith) [Transferred from New York Southern on 1/6/2020.]
May 23, 2019 Filing 29 MEMORANDUM OF LAW in Opposition re: #18 AMENDED MOTION to Dismiss and to Transfer (re Docket No. 14). . Document filed by Atari Interactive, Inc.. (Wesley, Keith) [Transferred from New York Southern on 1/6/2020.]
May 23, 2019 Opinion or Order Filing 28 ORDER denying #27 Letter Motion to Continue. Application Denied. The Initial Conference will go forward on June 11, 2019 at 10:00 a.m. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 5/23/2019) (rro) [Transferred from New York Southern on 1/6/2020.]
May 21, 2019 Filing 27 LETTER MOTION to Continue Reschedule Rule 16 Conference addressed to Magistrate Judge Ona T. Wang from Keith J. Wesley dated May 21, 2019. Document filed by Atari Interactive, Inc..(Wesley, Keith) [Transferred from New York Southern on 1/6/2020.]
May 15, 2019 Opinion or Order Filing 26 ORDER ADMITTING PETER M. ROUTHIER PRO HAC VICE granting #23 Motion for Peter M. Routhier to Appear Pro Hac Vice. (Signed by Magistrate Judge Ona T. Wang on 5/15/2019) (rro) [Transferred from New York Southern on 1/6/2020.]
May 13, 2019 Opinion or Order Filing 25 STIPULATION AND ORDER SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS AND TO TRANSFER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties to the above-captioned action, ("Plaintiff" and "Defendant," respectively), by and through their undersigned counsel, as follows: 1. Plaintiff's time to file and serve any opposition to Defendant's Motion to Dismiss and Transfer (Docket Nos. 14, 18, the "Motion"), shall be extended to on or before May 24, 2019. 2. Defendant's deadline to file and serve any reply in support of its Motion shall be extended to June 3, 2019. ( Responses due by 5/24/2019, Replies due by 6/3/2019.) (Signed by Magistrate Judge Ona T. Wang on 5/13/2019) (mro) [Transferred from New York Southern on 1/6/2020.]
May 13, 2019 Opinion or Order Filing 24 ORDER FOR ADMISSION PRO HAC VICE granting #12 Motion for Keith J. Wesley to Appear Pro Hac Vice. (Signed by Magistrate Judge Ona T. Wang on 5/13/2019) (rro) [Transferred from New York Southern on 1/6/2020.]
May 9, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Peter M. Routhier to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) [Transferred from New York Southern on 1/6/2020.]
May 9, 2019 Filing 23 MOTION for Peter M. Routhier to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Target Corporation.(Besdin, Noam) [Transferred from New York Southern on 1/6/2020.]
May 9, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #22 Declaration in Support of Motion, #21 MOTION for Peter M. Routhier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16847871. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Minnesota; missing Proposed Order; Pursuant to Rule 1.3. the Attorney Affidavit missing the language of disciplinary.;. Re-file the motion as a Motion to Appear Pro Hac Vice All documents should be attached to the Motion Pro Hac Vice as exhibits not separately - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) [Transferred from New York Southern on 1/6/2020.]
May 8, 2019 Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Peter M. Routhier in Support re: #21 MOTION for Peter M. Routhier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16847871. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Target Corporation. (Besdin, Noam) Modified on 5/9/2019 (wb). [Transferred from New York Southern on 1/6/2020.]
May 8, 2019 Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Peter M. Routhier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16847871. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Target Corporation.(Besdin, Noam) Modified on 5/9/2019 (wb). [Transferred from New York Southern on 1/6/2020.]
May 7, 2019 Filing 20 PROPOSED STIPULATION AND ORDER. Document filed by Target Corporation. (Besdin, Noam) [Transferred from New York Southern on 1/6/2020.]
May 3, 2019 Filing 19 NOTICE OF APPEARANCE by Noam Besdin on behalf of Target Corporation. (Besdin, Noam) [Transferred from New York Southern on 1/6/2020.]
May 2, 2019 Filing 18 AMENDED MOTION to Dismiss and to Transfer (re Docket No. 14). Document filed by Target Corporation.(Wright, Lita Beth) [Transferred from New York Southern on 1/6/2020.]
May 1, 2019 Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Target Corporation.(Wright, Lita Beth) [Transferred from New York Southern on 1/6/2020.]
May 1, 2019 Filing 16 MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss and to Transfer. . Document filed by Target Corporation. (Wright, Lita Beth) [Transferred from New York Southern on 1/6/2020.]
May 1, 2019 Filing 15 DECLARATION of Lita Beth Wright in Support re: #14 MOTION to Dismiss and to Transfer.. Document filed by Target Corporation. (Wright, Lita Beth) [Transferred from New York Southern on 1/6/2020.]
May 1, 2019 Filing 14 MOTION to Dismiss and to Transfer. Document filed by Target Corporation.(Wright, Lita Beth) [Transferred from New York Southern on 1/6/2020.]
May 1, 2019 Filing 13 NOTICE OF APPEARANCE by Lita Beth Wright on behalf of Target Corporation. (Wright, Lita Beth) [Transferred from New York Southern on 1/6/2020.]
May 1, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Keith J. Wesley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16799841. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 1/6/2020.]
May 1, 2019 Filing 12 MOTION for Keith J. Wesley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16799841. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Atari Interactive, Inc.. (Attachments: #1 Affidavit Affidavit of Keith J. Wesley in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order [Proposed] Order for Admission Pro Hac Vice)(Wesley, Keith) [Transferred from New York Southern on 1/6/2020.]
April 18, 2019 Filing 11 AFFIDAVIT OF SERVICE. Target Corporation served on 4/10/2019, answer due 5/1/2019. Service was accepted by Maria Velasco, Intake Specialist. Document filed by Atari Interactive, Inc.. (Mitchell, Jeffrey) [Transferred from New York Southern on 1/6/2020.]
April 15, 2019 Opinion or Order Filing 10 INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 6/11/2019 at 10:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang and further set forth in this Order. (Signed by Magistrate Judge Ona T. Wang on 4/15/2019) (rro) [Transferred from New York Southern on 1/6/2020.]
April 11, 2019 Opinion or Order Filing 9 ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). SO ORDERED. Referred to Magistrate Judge Ona T. Wang. (Signed by Judge Lewis A. Kaplan on 4/11/2019) (jca) [Transferred from New York Southern on 1/6/2020.]
April 9, 2019 Filing 8 AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (pc) [Transferred from New York Southern on 1/6/2020.]
April 9, 2019 Filing 7 ELECTRONIC SUMMONS ISSUED as to Target Corporation. (pc) [Transferred from New York Southern on 1/6/2020.]
April 9, 2019 Filing 6 NOTICE OF APPEARANCE by Brett David Katz on behalf of Atari Interactive, Inc.. (Katz, Brett) [Transferred from New York Southern on 1/6/2020.]
April 9, 2019 Case Designated ECF. (pc) [Transferred from New York Southern on 1/6/2020.]
April 9, 2019 Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) [Transferred from New York Southern on 1/6/2020.]
April 9, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) [Transferred from New York Southern on 1/6/2020.]
April 9, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeffrey A. Mitchell. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:1114;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1051;. (pc) [Transferred from New York Southern on 1/6/2020.]
April 8, 2019 Filing 5 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Mitchell, Jeffrey) [Transferred from New York Southern on 1/6/2020.]
April 8, 2019 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Atari Interactive, Inc..(Mitchell, Jeffrey) [Transferred from New York Southern on 1/6/2020.]
April 8, 2019 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Target Corporation, re: #1 Complaint. Document filed by Atari Interactive, Inc.. (Mitchell, Jeffrey) [Transferred from New York Southern on 1/6/2020.]
April 8, 2019 Filing 2 CIVIL COVER SHEET filed. (Mitchell, Jeffrey) [Transferred from New York Southern on 1/6/2020.]
April 8, 2019 Filing 1 COMPLAINT against Target Corporation. Document filed by Atari Interactive, Inc..(Mitchell, Jeffrey) [Transferred from New York Southern on 1/6/2020.]

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Plaintiff: Atari Interactive, Inc.
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Defendant: Target Corporation
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