Hit Notion LLC v. Digitalprints USA Corporation
| Hit Notion LLC |
| Digitalprints USA Corporation doing business as Cheer Collection |
| 1:2024cv07986 |
| November 15, 2024 |
| U.S. District Court for the Eastern District of New York |
| Marcia M Henry |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 7, 2025. A more recent docket listing may be available from PACER.
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Filing 28
MINUTE ENTRY for proceedings held before Magistrate Judge Marcia M. Henry: An in-person initial conference was held on 01/07/2025. Claire Montgomery appeared on behalf of the Plaintiff. Ariel Reinitz appeared on behalf of the Defendant. The parties' proposed discovery plan is So Ordered as amended. The parties shall complete fact discovery by 09/05/2025 with a joint status report certifying the close of fact discovery due 09/10/2025. All discovery shall be completed by 11/14/2025 with a joint status report certifying the close of all discovery due on 11/19/2025. See attached for all deadlines.Pursuant to EDNY Administrative Order 2023-23, the parties may consent to the undersigned as the presiding judge in this action no later than 30 days following this Order, or by 02/06/2025. (See ECF No. #20 ; see also Notice of Option to Consent to Magistrate Judge Jurisdiction (available at #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf.) If the parties do not consent by that date, a United States District Judge will be randomly assigned as the presiding judge, and the undersigned will remain as the assigned Magistrate Judge to manage pretrial discovery, unless the District Judge orders otherwise.The parties may also consent to the undersigned's jurisdiction after a United States District Judge is assigned. The parties are free to withhold consent without adverse substantive consequences. By 02/28/2025 the parties shall file a joint status report (not exceeding three pages) on their progress with discovery, and settlement discussions. So Ordered by Magistrate Judge Marcia M. Henry on 01/07/2025. (FTR Log # 3:56PM-4:22PM)
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ORDER denying #27 : The request to adjourn the 01/07/2025 initial conference is denied. The initial conference will proceed as scheduled. (See 11/25/2024 Scheduling Order). Counsel must attend. So Ordered by Magistrate Judge Marcia M. Henry on 01/02/2025. (SY)
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| Filing 27 Proposed Scheduling Order OR IN THE ALTERNATIVE, TO ADJOURN INITIAL CONFERENCE by Hit Notion LLC (Attachments: #1 Exhibit A - Proposed Discovery Plan/Scheduling Order) (Grove, Andrew) Modified to reflect the correct motion category on 01/02/2025 (SY). |
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ORDER GRANTING #25 MOTION TO APPEAR Pro Hac Vice. Attorney Claire E. Montgomery is granted permission to appear pro hac vice on behalf Plaintiff Hit Notion LLC. The attorney shall register for ECF at #www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 200 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Marcia M. Henry on 12/30/2024. (SY)
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| Filing 26 NOTICE of Appearance by Andrew M. Grove on behalf of Hit Notion LLC (notification declined or already on case) (Grove, Andrew) |
| Filing 25 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18593493 by Hit Notion LLC. (Attachments: #1 ) Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing) (Montgomery, Claire) |
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ORDER GRANTING #22 MOTION TO APPEAR Pro Hac Vice. Attorney Andrew M. Grove is granted permission to appear pro hac vice on behalf Plaintiff Hit Notion LLC. The attorney shall register for ECF at #www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 200 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Marcia M. Henry on 12/12/2024. (SY)
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| Filing 24 ANSWER to Complaint by Digitalprints USA Corporation. (Reinitz, Ariel) |
| Filing 23 NOTICE of Appearance by Ariel Reinitz on behalf of Digitalprints USA Corporation (aty to be noticed) (Reinitz, Ariel) |
| Filing 22 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18545862 by Hit Notion LLC. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing) (Grove, Andrew) |
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Filing 21
SCHEDULING ORDER: An in-person initial conference will be held on 01/07/2025 at 3:30PM in Courtroom 504 North before Magistrate Judge Marcia M. Henry. All counsel must attend. Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 12/31/2024, the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: # https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf). So Ordered by Magistrate Judge Marcia M. Henry on 11/25/2024.(Attachments: #1 Individual Practice Rules, #2 Proposed Discovery Plan) (SY)
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ORDER: Defendant is directed to answer or otherwise respond to the Complaint by 12/06/2024. The parties shall appear for an initial conference for which a separate scheduling order shall issue. So Ordered by Magistrate Judge Marcia M. Henry on 11/22/2024. (YHW)
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| Filing 20 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CV) |
| Filing 19 Case transferred in from District of Michigan Eastern; Case Number 2:24-cv-10939. Original file certified copy of transfer order and docket sheet received. |
| The case of Hit Notion LLC v. Digitalprints USA Corporation, has been transferred from Eastern District of Michigan to the Eastern District of New York. The new case number is 1:24-cv-07986-MMH. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (CV) |
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Filing 18
ORDER (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTION TO DISMISS OR TRANSFER #8 , (2) DENYING PLAINTIFFS MOTION FOR LIMITED VENUE DISCOVERY #9 , AND (3) DIRECTING CLERK OF COURT TO TRANSFER THIS ACTION TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK. Signed by District Judge Matthew F. Leitman. (SSch) [Transferred from Michigan Eastern on 11/18/2024.]
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| Minute Entry for remote proceedings before District Judge Matthew F. Leitman: Motion Hearing held on 11/15/2024 re #9 MOTION FOR LIMITED VENUE DISCOVERY filed by Hit Notion LLC, #8 MOTION to Dismiss filed by Digitalprints USA Corporation. Disposition: Order to Follow. (Court Reporter: Rob Smith) (HRya) [Transferred from Michigan Eastern on 11/18/2024.] |
| Filing 17 NOTICE OF REMOTE HEARING on #8 MOTION to Dismiss, #9 MOTION FOR LIMITED VENUE DISCOVERY. Motion Hearing set for 11/15/2024 at 2:00 PM before District Judge Matthew F. Leitman. |Remote Access Phone Number: (669) 254-5252 and Meeting ID: 161 791 6976| (HRya) [Transferred from Michigan Eastern on 11/18/2024.] |
| Filing 16 ADDENDUM re #15 Order (response to Court Order; Dkt. 15) by Digitalprints USA Corporation (Attachments: #1 Exhibit Business Solutions Agreement between Defendant and Amazon) (Reinitz, Ariel) [Transferred from Michigan Eastern on 11/18/2024.] |
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Filing 15
ORDER Directing Defendant Digitalprints USA Corporation, d/b/a Cheer Collection, to Submit Amazon Contract. Signed by District Judge Matthew F. Leitman. (HRya) [Transferred from Michigan Eastern on 11/18/2024.]
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TEXT-ONLY ORDER Granting #13 MOTION for Leave to File Excess Pages (re: Dkt. 12) filed by Digitalprints USA Corporation. Signed by District Judge Matthew F. Leitman. (HRya) [Transferred from Michigan Eastern on 11/18/2024.]
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| Filing 14 REPLY to Response re #9 MOTION FOR LIMITED VENUE DISCOVERY filed by Hit Notion LLC. (Grove, Andrew) [Transferred from Michigan Eastern on 11/18/2024.] |
| Filing 13 MOTION for Leave to File Excess Pages (re: Dkt. 12) by Digitalprints USA Corporation. (Reinitz, Ariel) [Transferred from Michigan Eastern on 11/18/2024.] |
| Filing 12 REPLY to Response re #8 MOTION to Dismiss filed by Digitalprints USA Corporation. (Reinitz, Ariel) [Transferred from Michigan Eastern on 11/18/2024.] |
| Filing 11 RESPONSE to #9 MOTION FOR LIMITED VENUE DISCOVERY filed by Digitalprints USA Corporation. (Reinitz, Ariel) [Transferred from Michigan Eastern on 11/18/2024.] |
| Filing 10 RESPONSE to #8 MOTION to Dismiss filed by Hit Notion LLC. (Grove, Andrew) [Transferred from Michigan Eastern on 11/18/2024.] |
| Filing 9 MOTION FOR LIMITED VENUE DISCOVERY by Hit Notion LLC. (Attachments: #1 Exhibit A - DECLARATION OF JASON BERKE) (Grove, Andrew) [Transferred from Michigan Eastern on 11/18/2024.] |
| Filing 8 MOTION to Dismiss by Digitalprints USA Corporation. (Attachments: #1 Exhibit declaration) (Reinitz, Ariel) [Transferred from Michigan Eastern on 11/18/2024.] |
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Filing 7
STIPULATED ORDER to Extend Deadline for Defendant to Respond to Plaintiff's #1 Complaint. Response due by 5/28/2024. Signed by District Judge Matthew F. Leitman. (HRya) [Transferred from Michigan Eastern on 11/18/2024.]
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| Filing 6 ATTORNEY APPEARANCE: Ariel S. Reinitz appearing on behalf of Digitalprints USA Corporation (Reinitz, Ariel) [Transferred from Michigan Eastern on 11/18/2024.] |
| Filing 5 CERTIFICATE of Service/Summons Returned Executed. Digitalprints USA Corporation served on 4/16/2024, answer due 5/7/2024. (Grove, Andrew) [Transferred from Michigan Eastern on 11/18/2024.] |
| Filing 4 SUMMONS Issued for *Digitalprints USA Corporation* (JHea) [Transferred from Michigan Eastern on 11/18/2024.] |
| Filing 3 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Hit Notion LLC (Grove, Andrew) [Transferred from Michigan Eastern on 11/18/2024.] |
| Filing 2 Patent Report Sent To Washington (Grove, Andrew) [Transferred from Michigan Eastern on 11/18/2024.] |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT AND TRADEMARK INFRINGEMENT filed by Hit Notion LLC against Digitalprints USA Corporation with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-9747075 - Fee: $ 405. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Out of State. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits, #2 Exhibit A - U.S. Design Patent D875,432, #3 Exhibit B - U.S. Design Patent D949,600, #4 Exhibit C - U.S. Trademark Registration 5,457,970) (Grove, Andrew) [Transferred from Michigan Eastern on 11/18/2024.] |
| A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (JHea) [Transferred from Michigan Eastern on 11/18/2024.] |
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