DESIGN IDEAS, LTD. v. YBM HOME INC.
| DESIGN IDEAS, LTD. |
| AMAZON.COM INC and WALMART INC |
| 1:2024cv07672 |
| July 10, 2024 |
| US District Court for the District of New Jersey |
| Edward S Kiel |
| Elizabeth A Pascal |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on July 15, 2024. A more recent docket listing may be available from PACER.
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| Filing 44 AO120 Patent Form filed. (Attachments: #1 Complaint) (sms2) |
| Filing 43 Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address. (sms2, n.m.) |
| Filing 42 Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address. (sms2, n.m.) |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (sms2) |
| Case transferred to Newark Division on 7/15/24. New Case Number 2:24-cv-7672. (mmb ) |
| Judge Edward S. Kiel and Magistrate Judge Elizabeth A. Pascal added. (mmb, ) |
| Filing 41 Certified Copy of Transfer Order and docket received, Case transferred in from District of Illinois Central; Case Number 1:23-cv-01165. Original file certified copy of transfer order and docket sheet received. |
Filing 40
ORDER entered by Judge Colin Stirling Bruce on 7/8/2024. It is therefore ordered that: The parties' stipulated Motion to Transfer Venue #39 is GRANTED. This matter is hereby TRANSFERRED to the U.S. District Court for the District of New Jersey. Defendants' Motion to Stay #35 is DENIED as MOOT. Docket Entry #37 is STRICKEN as inadvertently filed. The Clerk is directed to terminate this case. (RES)
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| Filing 39 Amended MOTION to Transfer Case by Plaintiff Design Ideas Ltd. Responses due by 7/17/2024 (Attachments: #1 Proposed Order Transferring Venue)(Gates, Gordon) |
| Filing 38 RESPONSE to Motion re #35 Joint MOTION to Stay filed by Plaintiff Design Ideas Ltd. (Gates, Gordon) |
| Filing 37 MOTION to Transfer Case Stipulated Motion to Transfer Venue by Plaintiff Design Ideas Ltd. Responses due by 7/11/2024 (Attachments: #1 Proposed Order Transferring Venue)(Gates, Gordon) |
| Filing 36 MEMORANDUM in Support re #35 Joint MOTION to Stay filed by Defendants Amazon.Com Inc, Walmart Inc. (Attachments: #1 Exhibit Exhibit A to Memorandum in Support of Joint Motion to Stay)(Panatera, Joseph) |
| Filing 35 Joint MOTION to Stay by Defendants Amazon.Com Inc, Walmart Inc. Responses due by 6/28/2024 (Panatera, Joseph) |
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Filing 34
TEXT ORDER: Status hearing set for 4/11/24 at 9:30 AM is VACATED. Case to proceed upon previously set schedule. Entered by Magistrate Judge Jonathan E. Hawley on 4/11/24. (WG)
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Filing 33
ORDER entered by Judge Colin Stirling Bruce on 2/23/2024 denying #29 Motion for Attorney Fees. See written order. (HS)
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| Filing 32 RESPONSE to Motion re #29 MOTION for Attorney Fees filed by Plaintiff Design Ideas Ltd. (Gates, Gordon) |
| Filing 31 AFFIDAVIT re #29 MOTION for Attorney Fees by YBM Home Inc. (Panatera, Joseph) |
| Filing 30 NOTICE re #29 MOTION for Attorney Fees (Panatera, Joseph) |
| Filing 29 MOTION for Attorney Fees by Defendant YBM Home Inc. Responses due by 2/20/2024 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Panatera, Joseph) |
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TEXT ORDER: Due to a conflict in the Court's calendar, the Status Conference set 4/10/24 at 2:00 PM is VACATED and RESET for 4/11/2024 at 9:30 AM via telephone before Magistrate Judge Jonathan E. Hawley. Counsel is to phone into conference by calling (551) 285-1373, then enter 16009516536. Entered by Magistrate Judge Jonathan E. Hawley on 1/30/24. (WG)
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Filing 28
ORDER entered by Judge Colin Stirling Bruce on 1/23/2024. Defendant YBM's Motion to Dismiss #12 is GRANTED. Defendant YBM is terminated as a defendant in this case. See full written Order. (RES)
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| Filing 27 CERTIFICATE of Service of FRCP Rule 26 Initial Disclosures. (Gates, Gordon) |
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TEXT ORDER: Pursuant to the referral of this matter to Judge Hawley, the Status Conference set for 4/18/24 set before Judge Long is VACATED and RESET to 4/10/2024 at 2:00 PM via telephone before Magistrate Judge Jonathan E. Hawley. Counsel are to phone into conference by calling (551) 285-1373 and enter the Meeting ID: 16009516536 when prompted to do so. Entered by Magistrate Judge Jonathan E. Hawley on 11/1/23. (WG)
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TEXT ORDER OF RECUSAL entered by Magistrate Judge Eric I. Long on 11/1/23. Magistrate Judge Eric I. Long disqualifies and recuses himself from participation in this matter pursuant to 28 U.S.C. 455(a). This case and the corresponding hearings are reassigned to Magistrate Judge Jonathan E. Hawley for further proceedings. The status conference scheduled with Judge Long for 4/18/24 at 10:15 PM is VACATED. (TC) Modified on 11/3/2023 to correct typo (TC).
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| Filing 26 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Amazon.Com Inc.(Panatera, Joseph) |
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Filing 25
TEXT ORDER entered by Magistrate Judge Eric I. Long on 10/24/2023. The court hereby vacates the Rule 16 Scheduling Conference set for 11/15/23. The court adopts the deadlines in the Parties' Agreed Report of Rule 26(f) Planning Meeting #24 . The following deadlines are set: initial disclosures due 12/15/23, amended pleadings and joinder of parties due 5/15/24, Plaintiff's deadline to disclose experts and provide expert reports is 7/15/24, Plaintiff shall make experts available for deposition by 8/15/24, Defendant's deadline to disclose experts and provide expert reports is 9/16/24, Defendant shall make experts available for deposition by 10/15/24, discovery closes 12/13/24, case dispositive motions due 2/13/25. Final Pretrial Conference set for 7/7/25 at 11:00 AM, before Judge Colin S. Bruce, Courtroom A, Urbana. Jury Trial set for 7/29/25 at 9:00 AM, before Judge Colin S. Bruce, Courtroom A, Urbana. The court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are reminded of option of Court sponsored mediation/Settlement Conference. The Court directs the Clerk to provide the parties with a copy of the Court's consent to magistrate judge form. A telephone status conference is set for 4/18/24 at 10:15 AM, before Magistrate Judge Eric I. Long. The call-in number is 551-285-1373, then enter meeting ID 160 924 96574.(BMG)
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| Filing 24 REPORT of Rule 26(f) Planning Meeting by Design Ideas Ltd. (Gates, Gordon) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 10/12/2023. Defendant's Unopposed Motion for Extension of Time #23 is GRANTED. Defendant's deadline to respond to Plaintiff's Complaint is extended to 10/27/23. (DS)
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| Filing 23 MOTION for Extension of Time to File Answer re #1 Complaint by Defendant Amazon.Com Inc. Responses due by 10/27/2023 (Panatera, Joseph) |
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Filing 22
ORDER setting Rule 16 Scheduling Conference entered by Magistrate Judge Eric I. Long on 10/10/2023. Rule 16 Scheduling Conference is set for 11/15/2023 at 9:45 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. See written Order. (DS)
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| Filing 21 NOTICE of Appearance of Attorney by Joseph A Panatera on behalf of Amazon.Com Inc (Panatera, Joseph) |
| Filing 20 CERTIFICATE OF SERVICE by Design Ideas Ltd re #19 Certificate of Service, Received Green Card regarding receipt by Corporation Service Company (Gates, Gordon) |
| Set/Reset Deadlines: Amazon.Com Inc answer due 10/13/2023. (DS) |
| Filing 19 SERVICE OF SUMMONS RETURNED EXECUTED by Design Ideas Ltd Proof of Service of Summons mailed to Amazon.Com, Inc., c/o Corporation Service Company via Certified Mail Return Receipt Requested (Gates, Gordon) Modified on 9/27/2023 to show summons returned executed rather than certificate of service (DS). |
| Filing 18 RESPONSE to Motion re #12 MOTION to Dismiss filed by Plaintiff Design Ideas Ltd. (Gates, Gordon) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 9/14/2023. The Court has reviewed Plaintiff's Response to Order to Show Cause #17 . The Court's Order to Show Cause #15 is DISCHARGED. Plaintiff's deadline to complete service as to Defendant Amaon.com Inc. is extended to 9/25/23.(DS)
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| Filing 17 RESPONSE TO ORDER TO SHOW CAUSE by Design Ideas Ltd re #15 Order to Show Cause, . (Gates, Gordon) |
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Filing 15
ORDER TO SHOW CAUSE entered by Magistrate Judge Eric I. Long on 9/12/2023. the Court orders Plaintiff to show cause as to why Defendant Amazon.com Inc. should not be terminated for failure to serve the summons pursuant to Rule 4(m). Plaintiff has 14 days from the entry of this order to comply. Show Cause Response due by 9/26/2023. See written Order. (BMG)
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 9/12/2023. The Proposed Motion for Order #14 filed 9/11/2023 was incorrectly filed as a motion. The Proposed Motion for Order #14 is STRICKEN, and the Clerk is directed to correct the docket to show as a Proposed Order.(BMG)
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| Filing 16 Summons Issued as to Amazon.Com Inc. Returned to counsel to effect service. (HS) |
| Filing 14 Proposed Order for YBM's Motion to Dismiss by Defendant YBM Home Inc. Responses due by 9/25/2023 (Panatera, Joseph) Modified on 9/12/2023 to correct document title(BMG). |
| Filing 13 MEMORANDUM re #12 MOTION to Dismiss by YBM Home Inc. (Attachments: #1 Exhibit)(Panatera, Joseph) (Additional attachment(s) added on 9/12/2023: #2 Exhibit A) (BMG). |
| Filing 12 MOTION to Dismiss by Defendant YBM Home Inc. Responses due by 9/25/2023 (Panatera, Joseph) |
| Filing 11 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Walmart Inc.(Panatera, Joseph) |
| Filing 10 NOTICE of Appearance of Attorney by Joseph A Panatera on behalf of Walmart Inc, YBM Home Inc (Panatera, Joseph) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Design Ideas Ltd. Walmart Inc waiver sent on 7/12/2023, answer due 9/11/2023. (Gates, Gordon) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Design Ideas Ltd. YBM Home Inc waiver sent on 7/11/2023, answer due 9/11/2023. (Gates, Gordon) |
| Filing 7 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Walmart, Inc, c/o Tuvia Rotberg, Tarter Krinsky & Drogin, LLP, 1350 Broadway, New York, NY 10018 on 07/12/2023. (Gates, Gordon) |
| Filing 6 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to YBM Home Inc, c/o Tuvia Rotberg, Tarter Krinsky & Drogin 1350 Broadway New York, NY 10018 on 07/11/2023. (Gates, Gordon) |
| Filing 5 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Amazon.com, Inc., c/o Andy Jassy 410 Terry Avenue N. Seattle, WA 98109 on 06/13/2023. (Gates, Gordon) |
| Filing 4 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Walmart, Inc., c/o CT Corporation System, 208 S. LaSalle Street, Ste 814, Chicago IL 60605 on 06/13/2023. (Gates, Gordon) |
| Filing 3 PATENT REPORT - AO 120 on the filing or determination of an action regarding PATENT by Design Ideas Ltd. (Mailed to Mail Stop 8, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.) (TC) |
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TEXT ORDER REFERRING CASE to Magistrate Judge Eric I. Long entered by Judge Colin Stirling Bruce on 5/3/23, due to the reassignment of the case to presiding Judge Colin S. Bruce. (TC)
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TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on 05/02/2023. This case and the corresponding hearings are reassigned to Judge Colin Stirling Bruce for further proceedings. (DM)
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TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on 05/01/2023. This case and the corresponding hearings are reassigned to Chief Judge Sara Darrow pending reassignment. (DM)
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TEXT ORDER entered by Judge Colleen R. Lawless on 05/01/2023. Judge Colleen R. Lawless disqualifies and recuses herself from participation in this matter pursuant to 28 U.S.C. 455(a). This matter is referred to Chief Judge Sara Darrow for reassignment. (DM)
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TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on 4/28/2023. This case is reassigned to Judge Colleen R. Lawless for further proceedings. (JS)
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TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on 4/27/2023. This case and the corresponding hearings are reassigned to Chief Judge Sara Darrow pending reassignment. (JS)
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| Filing 2 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to YBM Home, Inc., c/o David Goldberger, President, 245 10th Street, Paterson, NJ 07524 on 04/26/23. (Gates, Gordon) |
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TEXT ORDER: Senior Judge Joe Billy McDade disqualifies and recuses himself from participation in this matter pursuant to 28 U.S.C. 455(a). This matter is referred to Chief Judge Sara Darrow for reassignment. Entered by Judge Joe Billy McDade on 4/26/23. (JA)
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| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AILCDC-4191338.), filed by Design Ideas Ltd.(Gates, Gordon) |
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