Es Distribution, LLC et al v. Hangtime LLC
| DACA Design LLC and ES Distribution, LLC |
| Hangtime LLC |
| 1:2020cv01221 |
| November 23, 2020 |
| US District Court for the District of New Mexico |
| James O Browning |
| Carmen E Garza |
| Kevin R Sweazea |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 20, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 50 Unopposed MOTION to Withdraw as Attorney Mark Anania by Hangtime LLC. (Krukar, Richard) |
| Filing 49 Unopposed MOTION to Withdraw as Attorney David Rodrigues, Barry Robert Lewin, and Robert Phillip Feinland by ES Distribution, LLC. (Jackson, Matthew) |
Filing 48
ORDER by District Judge James O. Browning granting #43 Motion for Extension of Time to Answer Counterclaims (vv)
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| Filing 47 ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs DACA Design LLC, ES Distribution, LLC by Mark T Baker on behalf of: Anthony E. Bennett HOFFMANN & BARON, LLP 6900 Jericho TurnpikeSyosset, NY 11791 (516) 822-3550 Fax (516) 822-3582 abennett@hbiplaw.com (Association Dues - Online Payment) (Baker, Mark)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 46 ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs DACA Design LLC, ES Distribution, LLC by Mark T Baker on behalf of: Mike Reinemann Cesari & McKenna LLP One Liberty Square, Suite 310Boston, MA 02109 617-951-2500 Fax 617-951-3927 mrr@c-m.com (Association Dues - Online Payment) (Baker, Mark)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 45 ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs DACA Design LLC, ES Distribution, LLC by Mark T Baker on behalf of: Michael Attaya Cesari & McKenna LLP One Liberty Square, Suite 310Boston, MA 02109 617-951-2500 Fax 617-951-3927 mea@c-m.com (Association Dues - Online Payment) (Baker, Mark)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 44 NOTICE by DACA Design LLC, ES Distribution, LLC of Certification in Support of Association with Out-Of-District Counsel Under L.R.-Civ. 83.3 (Baker, Mark) |
| Filing 43 Unopposed MOTION for Extension of Time to File Answer to Defendant Hangtime LLCs Counterclaims by DACA Design LLC, ES Distribution, LLC. (Baker, Mark) |
| Filing 42 NOTICE of Appearance by Mark T Baker on behalf of All Plaintiffs (Baker, Mark) |
| Association Dues Received: $ 100 receipt number ANMDC-7483217 re: # 45 Association of Attorney Licensed Outside the District, filed by DACA Design LLC, ES Distribution, LLC (Payment made via Pay.gov)(Baker, Mark) |
| Association Dues Received: $ 100 receipt number ANMDC-7483229 re: # 47 Association of Attorney Licensed Outside the District, filed by DACA Design LLC, ES Distribution, LLC (Payment made via Pay.gov)(Baker, Mark) |
| Association Dues Received: $ 100 receipt number ANMDC-7483224 re: # 46 Association of Attorney Licensed Outside the District, filed by DACA Design LLC, ES Distribution, LLC (Payment made via Pay.gov)(Baker, Mark) |
| Filing 41 Corporate Disclosure Statement by Hangtime LLC (Krukar, Richard) |
| Filing 40 NOTICE of Appearance by Richard H Krukar on behalf of Hangtime LLC (Krukar, Richard) |
| Filing 39 ANSWER to #1 Complaint, , COUNTERCLAIM against DACA Design LLC, ES Distribution, LLC by Hangtime LLC. Related document: #1 Complaint, filed by DACA Design LLC, ES Distribution, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Krukar, Richard) |
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Filing 38
ORDER VACATING #36 Order Extending Dates in Initial Scheduling Order and Rule 16 Scheduling Conference set for 1/12/21, at 2:00 p.m. by Chief Magistrate Judge Carmen E. Garza. (crc)
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| Filing 37 PLEASE TAKE NOTICE that this case has been reassigned to District Judge James O. Browning as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Kevin R. Sweazea no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) |
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Filing 36
ORDER by Chief Magistrate Judge Carmen E. Garza granting #35 ORDER on Motion to Extend Dates in Initial Scheduling Order #34 . The parties shall meet and confer by 12/29/20, and file their Joint Status Report by 1/5/21. A Telephonic Rule 16 Scheduling Conference is set for 1/12/21 at 2:00 PM before Chief Magistrate Judge Carmen E. Garza. [Parties shall call Judge Garza's AT&T Teleconference line at (877) 810-9415, follow the prompts, and enter the Access Code 7467959, to be connected to the proceedings.] (crc)
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| Filing 35 Joint MOTION to Extend (other) Initial Scheduling Order Deadlines by DACA Design LLC, ES Distribution, LLC. (Baker, Mark) |
| Filing 34 INITIAL SCHEDULING ORDER by Chief Magistrate Judge Carmen E. Garza. A Joint Status Report is due by 12/22/2020. A Telephonic Rule 16 Scheduling Conference is set for 12/29/2020 at 2:00 PM before Chief Magistrate Judge Carmen E. Garza. [Parties shall call Judge Garza's AT&T Teleconference line at (877) 810-9415, follow the prompts, and enter the Access Code 7467959, to be connected to the proceedings.] Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 12/15/2020. (crc) |
| Filing 33 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kevin R. Sweazea to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) |
| Filing 32 Case transferred in from District of New Jersey; Case Number 3:20-cv-00469. Original file certified copy of transfer order and docket sheet received. |
| United States Magistrate Judge Kevin R. Sweazea and United States Magistrate Judge Carmen E. Garza assigned. (jg) |
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Filing 31
ORDER granting Defendant's #20 Motion to Dismiss or Transfer Venue; this matter shall be transferred to the United States District Court for the District of New Mexico; the Clerk of the Court shall mark this matter as CLOSED. Signed by Chief Judge Freda L. Wolfson on 11/13/2020. (jem) [Transferred from New Jersey on 11/23/2020.]
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| Filing 30 OPINION filed. Signed by Chief Judge Freda L. Wolfson on 11/13/2020. (jem) [Transferred from New Jersey on 11/23/2020.] |
| Filing 29 RESPONSE in Support filed by HANGTIME LLC re #20 MOTION to Dismiss for Lack of Propoer Venue (ANANIA, MARK) [Transferred from New Jersey on 11/23/2020.] |
| Filing 28 BRIEF in Opposition filed by DACA DESIGN LLC, ES DISTRIBUTION, LLC re #20 MOTION to Dismiss for Lack of Propoer Venue (Attachments: #1 Declaration of Jonathan Magasanik, #2 Declaration of Rodney Theodore, #3 Declaration of Michael R. Reinemann)(RODRIGUES, DAVID) [Transferred from New Jersey on 11/23/2020.] |
| Filing 27 NOTICE of Appearance by DAVID RODRIGUES on behalf of ES DISTRIBUTION, LLC (RODRIGUES, DAVID) [Transferred from New Jersey on 11/23/2020.] |
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Filing 26
LETTER ORDER that the Clerk is directed to renew the Motion to Dismiss for Improper Venue at #20 as if filed today. The motion will be returnable 7/06/2020. Signed by Magistrate Judge Douglas E. Arpert on 6/02/2020. (jem) [Transferred from New Jersey on 11/23/2020.]
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| Filing 25 Letter from Hangtime LLC to Judge Arpert Requesting Renewal of Motion to Dismiss [DE 20] re #24 Order on Motion to Dismiss. (ANANIA, MARK) [Transferred from New Jersey on 11/23/2020.] |
| Set Deadlines as to #20 MOTION to Dismiss for Lack of Propoer Venue. Motion set for 7/6/2020 before Magistrate Judge Douglas E. Arpert. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) [Transferred from New Jersey on 11/23/2020.] |
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Filing 24
ORDER administratively terminating #20 Motion to Dismiss; upon written request by Defendant at the completion of discovery, the motion will be renewed and assigned a new motion date. Signed by Magistrate Judge Douglas E. Arpert on 3/12/2020. (jem) [Transferred from New Jersey on 11/23/2020.]
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| Filing 23 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #20 MOTION to Dismiss for Lack of Propoer Venue . (FEINLAND, ROBERT) [Transferred from New Jersey on 11/23/2020.] |
| CLERK'S QUALITY CONTROL MESSAGE - The #23 Letter Request to adjourn the #20 Motion to Dismiss filed by Robert Feinland, Esq. on 3/06/2020 was submitted incorrectly as a Letter Rule 7.1. Please be advised that a previous Letter Rule 7.1 was filed and granted 3/02/2020. This request has been forwarded to chambers for further review. This submission will remain on the docket unless otherwise ordered by the court. (jem) [Transferred from New Jersey on 11/23/2020.] |
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Filing 22
LETTER ORDER granting the request that the #20 Motion to Dismiss is adjourned to the 4/06/2020 motion date. Signed by Magistrate Judge Douglas E. Arpert on 3/02/2020. (jem) [Transferred from New Jersey on 11/23/2020.]
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| Reset Deadlines as to #20 MOTION to Dismiss for Lack of Propoer Venue. Motion reset for 4/6/2020 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) [Transferred from New Jersey on 11/23/2020.] |
| Filing 21 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by ES DISTRIBUTION, LLC re #20 MOTION to Dismiss for Lack of Propoer Venue (FEINLAND, ROBERT) [Transferred from New Jersey on 11/23/2020.] |
| Filing 20 MOTION to Dismiss for Lack of Propoer Venue by HANGTIME LLC. Responses due by 3/2/2020 (Attachments: #1 Brief In Support of Motion to Dismiss for Lack of Proper Venue, #2 Declaration of Mark H. Anania, #3 Declaration of Haj Khalsa, #4 Text of Proposed Order, #5 Statement Rule 7.1)(ANANIA, MARK) [Transferred from New Jersey on 11/23/2020.] |
| Set Deadlines as to #20 MOTION to Dismiss for Lack of Propoer Venue. Motion set for 3/16/2020 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) [Transferred from New Jersey on 11/23/2020.] |
| Filing 19 Notice of Request by Pro Hac Vice Michael R. Reinemann to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-10405569.) (FEINLAND, ROBERT) [Transferred from New Jersey on 11/23/2020.] |
| Filing 18 Notice of Request by Pro Hac Vice Michael E. Attaya to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-10405506.) (FEINLAND, ROBERT) [Transferred from New Jersey on 11/23/2020.] |
| Pro Hac Vice counsel, MICHAEL E. ATTAYA and MICHAEL R. REINEMANN, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jem) [Transferred from New Jersey on 11/23/2020.] |
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Filing 17
LETTER ORDER granting the Defendant's request for a two-week extension of time until 2/21/2020, to respond to the complaint. Signed by Magistrate Judge Douglas E. Arpert on 2/11/2020. (jem) [Transferred from New Jersey on 11/23/2020.]
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| Filing 16 Letter from Mark H. Anania to Judge Arpert requesting a two-week extension of time until 2/21/2020, to respond to the complaint in this matter. (jem) [Transferred from New Jersey on 11/23/2020.] |
| Filing 15 NOTICE of Appearance by MARK H. ANANIA on behalf of HANGTIME LLC. (jem) [Transferred from New Jersey on 11/23/2020.] |
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Filing 14
CONSENT ORDER granting #11 Motion for Leave to Appear Pro Hac Vice as to Michael E. Attaya, Esq. Signed by Magistrate Judge Douglas E. Arpert on 2/04/2020. (jem) [Transferred from New Jersey on 11/23/2020.]
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Filing 13
CONSENT ORDER granting #12 Motion for Leave to Appear Pro Hac Vice as to Michael R. Reinemann, Esq. Signed by Magistrate Judge Douglas E. Arpert on 2/04/2020. (jem) [Transferred from New Jersey on 11/23/2020.]
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| Filing 12 MOTION for Leave to Appear Pro Hac Vice by ES DISTRIBUTION, LLC. (Attachments: #1 Certification of Robert P. Feinland, #2 Certification of Michael R. Reinemann, #3 Text of Proposed Order)(FEINLAND, ROBERT) [Transferred from New Jersey on 11/23/2020.] |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice by ES DISTRIBUTION, LLC. (Attachments: #1 Certification of Robert P. Feinland, #2 Certification of Michael E. Attaya, #3 Text of Proposed Order)(FEINLAND, ROBERT) [Transferred from New Jersey on 11/23/2020.] |
| Set Deadlines as to #12 MOTION for Leave to Appear Pro Hac Vice , #11 MOTION for Leave to Appear Pro Hac Vice. Motion set for 3/2/2020 before Magistrate Judge Douglas E. Arpert. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) [Transferred from New Jersey on 11/23/2020.] |
| Filing 10 SUMMONS Returned Executed by ES DISTRIBUTION, LLC, DACA DESIGN LLC. HANGTIME LLC served on 1/17/2020, answer due 2/7/2020. (FEINLAND, ROBERT) [Transferred from New Jersey on 11/23/2020.] |
| Filing 9 Corporate Disclosure Statement by DACA DESIGN LLC identifying None as Corporate Parent.. (BENNETT, ANTHONY) [Transferred from New Jersey on 11/23/2020.] |
| Filing 8 NOTICE of Appearance by ANTHONY EDWARD BENNETT on behalf of DACA DESIGN LLC (BENNETT, ANTHONY) [Transferred from New Jersey on 11/23/2020.] |
| Filing 7 SUMMONS ISSUED as to HANGTIME LLC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (abr) [Transferred from New Jersey on 11/23/2020.] |
| Filing 6 AO120 Patent Form filed. (abr) [Transferred from New Jersey on 11/23/2020.] |
| Chief Judge Freda L. Wolfson and Magistrate Judge Douglas E. Arpert added. (abr) [Transferred from New Jersey on 11/23/2020.] |
| Filing 5 NOTICE of Appearance by BARRY ROBERT LEWIN on behalf of ES DISTRIBUTION, LLC (LEWIN, BARRY) [Transferred from New Jersey on 11/23/2020.] |
| Filing 4 NOTICE by ES DISTRIBUTION, LLC (AO 120 Form Patent/Trademark Form) (FEINLAND, ROBERT) [Transferred from New Jersey on 11/23/2020.] |
| Filing 3 Request for Summons to be Issued by ES DISTRIBUTION, LLC, DACA DESIGN LLC as to HANGTIME LLC. (FEINLAND, ROBERT) [Transferred from New Jersey on 11/23/2020.] |
| Filing 2 Corporate Disclosure Statement by ES DISTRIBUTION, LLC. (FEINLAND, ROBERT) [Transferred from New Jersey on 11/23/2020.] |
| Filing 1 COMPLAINT against HANGTIME LLC ( Filing and Admin fee $ 400 receipt number 0312-10250555) with JURY DEMAND, filed by ES DISTRIBUTION, LLC, DACA DESIGN LLC. (Attachments: #1 Exhibit A-D, #2 Civil Cover Sheet)(FEINLAND, ROBERT) [Transferred from New Jersey on 11/23/2020.] |
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