RODE Microphones, LLC et al v. FEAM GMBH
| RODE MICROPHONES, LLC and FREEDMAN ELECTRONICS PTY LTD |
| FEAM GMBH |
| 2:2023cv04097 |
| August 1, 2023 |
| US District Court for the District of New Jersey |
| Newark Office |
| Jessica S Allen |
| Susan D Wigenton |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 43
ORDER OF CONSOLIDATION FOR ALL PURPOSES, PURSUANT TO FRCP 42 AND LCR 42.1; FEAM Action and the RODE California Action are consolidated for all purposes, pursuant to FRCP 42 and LCR 42.1; and all Notices of Appearances and Orders granting Pro Hac Vice Admissions in the FEAM Action shall be extended to the RODE California Action; future filings in these consolidated matters, including notifications and Orders by the Court, shall be made in the FEAM Action only. Signed by Magistrate Judge Jessica S. Allen on 9/22/2023. (ld, )
|
|
Filing 42
TEXT ORDER: As per today's Telephonic Case Management Conference, the parties shall submit a proposed Order of Consolidation for all purposes, pursuant to FRCP 42 and LCR 42.1. So Ordered by Magistrate Judge Jessica S. Allen on 9/14/23. (jbb)
|
|
Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Telephonic Case Management Conference held on 9/14/2023. (Court Reporter: None) (jbb)
|
|
Filing 41
LETTER ORDER: Initial Conference set for 10/20/2023 at 9:30 AM before Magistrate Judge Jessica S. Allen. Signed by Magistrate Judge Jessica S. Allen on 9/1/23. (jbb)
|
|
Filing 40
TEXT ORDER: A Telephonic Case Management Conference is scheduled for 9/14/23 at 2:00 p.m. before the Undersigned. The Court will circulate the Conference Call information in advance. So Ordered by Magistrate Judge Jessica S. Allen on 9/1/23. (jbb)
|
|
Filing 39
ANSWER to Complaint with JURY DEMAND and Affirmative Defenses by FEAM GMBH.(BERKOWITZ, MARK)
|
|
Filing 38
NOTICE of Appearance by MARK BERKOWITZ on behalf of FEAM GMBH (BERKOWITZ, MARK)
|
|
Filing 37
LETTER ORDER Granting Request for Extension of Time: Reply Papers: from August 14, 2023 to August 29, 2023. Return Date: from August 21, 2023 to September 5, 2023. Response to Complaint in CA Action: from August 14, 2023 to August 29, 2023. Signed by Magistrate Judge Jessica S. Allen on 8/14/2023. (ld, )
|
|
Filing 36
Certified Copy of Transfer Order and docket received, Case transferred in from District of California Central; Case Number 2:23-cv-01082. Original file certified copy of transfer order and docket sheet received.
|
|
Case assigned to Judge Susan D. Wigenton and Magistrate Judge Jessica S. Allen. (jr)
|
|
Filing 35
ORDER GRANTING IN PART MOTION TO DISMISS OR TRANSFER #21 , AND DENYING AS MOOT MOTION FOR PRELIMINARY INJUNCTION #18 by Judge Otis D. Wright, II. For the reasons discussed above, the Court GRANTS IN PART Defendant's Motion. The Court grants Defendant's request to transfer the case and denies Defendant's request for dismissal as moot. (ECF No. 21.) In light of this disposition, the Court DENIES AS MOOT Plaintiffs' Motion for a Preliminary Injunction, without prejudice to Plaintiffs' refiling in the transferee court. (Mot. Prelim. Inj., ECF No. 18.) Case transferred to the District of New Jersey. Original file, certified copy of transfer order and docket sheet sent. MD JS-6. Case Terminated. (lom) Modified on 7/31/2023 (lom).
|
|
Filing 34
The hearing on the MOTION PRELIM [18 ];and MOTION to Dismiss #21 , scheduled for July 10, 2023 at 1:30 P.M., are hereby VACATED and taken off calendar. No appearances are necessary. The matters stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
|
|
Filing 33
REPLY In Support of Motion for Preliminary Injunction #18 filed by Plaintiffs Freedman Electronics Pty., Ltd, RODE Microphones, LLC. (Attachments: #1 Exhibit A, #2 Proposed Order)(Valenzuela, Ronald)
|
|
Filing 32
REPLY Reply ISO Motion to Dismiss NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or Transfer Under First to File Rule NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court, District of New Jersey #21 filed by Defendant FEAM GMBH. (Dowdall, Tyler)
|
|
Filing 31
OPPOSITION in Opposition to re: for Preliminary Injunction #18 filed by Defendant FEAM GMBH. (Attachments: #1 Declaration DECLARATION OF LUCA MASTROGIUSEPPE IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION, #2 Exhibit Exhibit A - Screenshot Showing First Sales of RODE Products on Amazon, #3 Exhibit Exhibit B - Amazon Complaints, #4 Exhibit Exhibit C - Amazon's Report Infringement Submission Form, #5 Exhibit Exhibit D - Amazon Reinstatements, #6 Exhibit Exhibit E - Article - What's on Amazon FNSKU, #7 Exhibit Exhibit F - ASIN B00093J07C, #8 Exhibit Exhibit G - Webpage re Warranty Statement)(Dowdall, Tyler)
|
|
Filing 30
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or Transfer Under First to File Rule NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court, District of New Jersey #21 filed by Plaintiffs Freedman Electronics Pty., Ltd, RODE Microphones, LLC. (Valenzuela, Ronald)
|
|
Filing 29
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Court DENIES Defendants second ex parte application again seeking an emergency continuance of the preliminary injunction briefing deadlines and hearing date #24 (SEE DOCUMENT FOR SPECIFICS). The current briefing deadlines remain as previously established. (lc) Modified on 6/16/2023 (lc).
|
|
Filing 28
PLAINTIFFS' RESPONSE TO CIVIL MINUTES (ECF 25) AND CERTIFICATE OF COMPLIANCE re for Preliminary Injunction #18 filed by Plaintiffs Freedman Electronics Pty., Ltd, RODE Microphones, LLC. (Valenzuela, Ronald)
|
|
Filing 27
DEFENDANTS CERTIFICATE OF COMPLIANCE [L.R. 11-6.2] RE DEFENDANTS MEMORANDUM OF POINTS AND AUTHORITIES SUPPORTING MOTION TO DISMISS COMPLAINT OR TRANSFER THE ACTION re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or Transfer Under First to File Rule NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court, District of New Jersey #21 Dkt. 21-1 (Memorandum) filed by Defendant FEAM GMBH. (Dowdall, Tyler)
|
|
Filing 26
OPPOSITION to EX PARTE APPLICATION to Continue PLAINTIFFS MOTION FOR ENTRY OF A PRELIMINARY INJUNCTION from July 10, 2023 to adjourned with deadlines stricken and hearing date reset following an order on Defendant's Motion to Dismiss Re: for Preliminary Inj #24 filed by Plaintiffs Freedman Electronics Pty., Ltd, RODE Microphones, LLC. (Valenzuela, Ronald)
|
|
Filing 25
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiffs move for a preliminary injunction and Defendant moves to dismiss or transfer Plaintiffs complaint. (Mot. Prelim. Inj., ECF No. 18; Mot. Dismiss, ECF No. 21.) Neither motion includes the requisite certificate of compliance with Local Rule 11-6. Accordingly, the Court ORDERS the parties each to file a Local Rule 11-6 certificate of compliance within three court days of the date of this order. Alternatively, they may file an amended motion that complies with Local Rule 11-6 within three court days. Any amended motion must also comply with Local Rule 6-1. Failure to timely comply with this Order may result in the Court striking the noncompliant filing and vacating any scheduled hearing dates. (lc)
|
|
Filing 24
EX PARTE APPLICATION to Continue PLAINTIFFS MOTION FOR ENTRY OF A PRELIMINARY INJUNCTION from July 10, 2023 to adjourned with deadlines stricken and hearing date reset following an order on Defendant's Motion to Dismiss Re: for Preliminary Injunction #18 filed by Defendant FEAM GMBH. (Attachments: #1 Memorandum DEFENDANTS EX PARTE APPLICATION FOR A CONTINUANCE OF THE HEARING ON PLAINTIFFS MOTION FOR ENTRY OF A PRELIMINARY INJUNCTION (ECF NO. 18), #2 Proposed Order [PROPOSED] ORDER GRANTING DEFENDANTS EX PARTE APPLICATION FOR A CONTINUANCE OF THE HEARING ON PLAINTIFFS MOTION FOR ENTRY OF A PRELIMINARY INJUNCTION) (Dowdall, Tyler)
|
|
Filing 23
Defendant FEAM GmbH NOTICE of Interested Parties filed by Defendant FEAM GMBH, identifying Rode Microphones, LLC; Freedman Electronics PTY LTD; Jesse Dean; FEAM GMBH. (Dowdall, Tyler)
|
|
Filing 22
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Defendant FEAM GMBH's NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or Transfer #21 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc)
|
|
Filing 21
NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or Transfer Under First to File Rule, NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court, District of New Jersey filed by Defendant FEAM GMBH. Motion set for hearing on 7/10/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum DEFENDANTS MEMORANDUM OF POINTS AND AUTHORITIES SUPPORTING MOTION TO DISMISS COMPLAINT OR TRANSFER THE ACTION, #2 Declaration DECLARATION OF LUCA MASTROGIUSEPPE IN SUPPORT OF MOTION TO DISMISS COMPLAINT, #3 Exhibit EXHIBIT A DECLARATION OF LUCA MASTROGIUSEPPE IN SUPPORT OF MOTION TO DISMISS COMPLAINT, #4 Proposed Order (PROPOSED) ORDER GRANTING DEFENDANT FEAM GMBHS MOTION TO DISMISS COMPLAINT) (Dowdall, Tyler)
|
|
Filing 20
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: The Court DENIES Plaintiffs' ex parte application for a TRO #18 . Correspondingly, the Court DENIES AS MOOT Defendant's ex parte application for an extension of time to respond #19 . The Court sua sponte converts Plaintiffs' Ex Parte Application to a regularly noticed Motion for a Preliminary Injunction, and sets a hearing on the motion for July 10, 2023, at 1:30 p.m. Defendant's Opposition is due no later than June 19, 2023; Plaintiffs Reply, if any, is due no later than June 26, 2023. (lc)
|
|
Filing 19
EX PARTE APPLICATION for Extension of Time to File Defendant's Response to #18 to Plaintiffs' Ex Parte Motion for Entry of a Temporary Restraining Order filed by Defendant FEAM GMBH. (Attachments: #1 Memorandum in Support of Defendant's Ex Parte Application for Extension of Time to Respond to Plaintiffs' Ex Parte Motion for Entry of a Temporary Restraining Order, #2 Declaration of Tyler R. Dowdall, #3 Proposed Order) (Dowdall, Tyler)
|
|
Filing 18
(CONVERTED TO MOTION AND SET FOR HEARING JULY 7, 2023 AT 1:30 PM PER 6/5/2023 MINUTES DOCKET NO. 20). EX PARTE APPLICATION for Temporary Restraining Order as to Restrain and Enjoin FEAM from (i) selling products that bear the RODE marks; (ii) use of the RODE marks; (iii) Infringing upon RODE marks; and (iv) use of RODE marks in any listings (Asset Restraining Order, and Order to Show Cause Why a Preliminary Injunction Should Not Issue) filed by Plaintiffs Freedman Electronics Pty., Ltd, RODE Microphones, LLC. (Attachments: #1 Proposed Order, #2 Exhibit A - Declaration of Jesse Dean, #3 Exhibit B - TM Reg. 3973968, #4 Exhibit C - TM Reg. 4590692, #5 Exhibit D - RODE Building, #6 Exhibit E - RODE Warranty, #7 Exhibit F - RODE Authorized Dealers, #8 Exhibit G - Emails_Beem and Berkowitz, #9 Exhibit H - Amazon Review, #10 Exhibit I - Re-stickering Product, #11 Exhibit J - Da Lorenzo Shop Storefront, #12 Exhibit K - Declaration of Alex Shtraym) (Valenzuela, Ronald) Modified on 6/5/2023 (lc). Modified on 6/5/2023 (lc). Modified on 6/5/2023 (lc).
|
|
Filing 17
ORDER GRANTING SECOND STIPULATION TO EXTEND TIME DEFENDANT FEAM GMBH'S TIME TO RESPOND TO INITIAL COMPLAINT TO JUNE 15, 2023 #16 by Judge Otis D. Wright, II. (lc)
|
|
Filing 16
Second STIPULATION Extending Time to Answer the complaint as to FEAM GMBH answer now due 6/15/2023, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant FEAM GMBH. (Attachments: #1 Proposed Order [Proposed} Order Granting Second Stipulation to Extend Time to Respond to Initial Complaint)(Dowdall, Tyler)
|
|
Filing 15
First STIPULATION Extending Time to Answer the complaint as to FEAM GMBH answer now due 5/16/2023, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant FEAM GMBH. (Attachments: #1 Proposed Order)(Dowdall, Tyler)
|
|
Filing 14
NOTICE of Appearance filed by attorney Tyler R Dowdall on behalf of Defendant FEAM GMBH (Attorney Tyler R Dowdall added to party FEAM GMBH(pty:dft))(Dowdall, Tyler)
|
|
Filing 13
ORDER by Judge Otis D. Wright, II: granting #12 Non-Resident Attorney Richard P. Beem APPLICATION to Appear Pro Hac Vice on behalf of Freedman Electronics Pty., Ltd and RODE Microphones, LLC, designating Ronald A. Valenzuela as local counsel. (lom)
|
|
Filing 12
APPLICATION of Non-Resident Attorney Richard P. Beem to Appear Pro Hac Vice on behalf of Plaintiffs Freedman Electronics Pty., Ltd, RODE Microphones, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34836176) filed by Plaintiffs Freedman Electronics Pty., Ltd, RODE Microphones, LLC. (Attachments: #1 Proposed Order) (Valenzuela, Ronald)
|
|
Filing 11
21 DAY Summons Issued re Complaint #1 as to defendant FEAM GMBH. (lom)
|
|
Filing 10
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Freedman Electronics Pty., Ltd, RODE Microphones, LLC. (Valenzuela, Ronald)
|
|
Filing 9
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Richard P. Beem. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil)
|
|
Filing 8
MINUTE ORDER (IN CHAMBERS) by Judge Otis D. Wright, II. This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central District's website for additional information. See minute order for details. (lom)
|
|
Filing 7
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil)
|
|
Filing 6
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
|
|
Filing 5
NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Kenly Kiya Kato. (jtil)
|
|
Filing 4
REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Freedman Electronics Pty., Ltd, RODE Microphones, LLC. (Valenzuela, Ronald)
|
|
Filing 3
CERTIFICATION AND NOTICE OF INTERESTED PARTIES PURSUANT TO LOCAL RULE 7.1-1; CORPORATE DISCLOSURE STATEMENT PURSUANT TO FRCP7.1 CERTIFICATE of Interested Parties filed by Plaintiffs All Plaintiffs, identifying RODE Microphones, LLC; Freedman Electronics Pty LTD. Ltd.;. (Valenzuela, Ronald)
|
|
Filing 2
CIVIL COVER SHEET filed by Plaintiffs Freedman Electronics Pty., Ltd, RODE Microphones, LLC. (Valenzuela, Ronald)
|
|
Filing 1
COMPLAINT Receipt No: ACACDC-34790597 - Fee: $402, filed by plaintiffs RODE Microphones, LLC, Freedman Electronics Pty., Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Attorney Ronald A. Valenzuela added to party Freedman Electronics Pty., Ltd(pty:pla), Attorney Ronald A. Valenzuela added to party RODE Microphones, LLC(pty:pla))(Valenzuela, Ronald)
|
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 New Jersey 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.
