Shenzhen Tange Li'An E-Commerce Co., Ltd. et al v. Drone Whirl LLC et al
| Itomte, Inc. and Shenzhen Tange Li'An E-Commerce Co., Ltd. |
| Amazon.com, Inc., Tatiana Mironova, Drone Whirl LLC and Drone Whirl LLC doing business as 7Productgroup |
| 2:2017cv07320 |
| December 15, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Steven I Locke |
| Arthur D Spatt |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 35 NOTICE of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 Order of Dismissal) (Coleman, Laurie) |
Filing 34
ORDER DISMISSING CASE re #32 Notice of Voluntary Dismissal without prejudice pursuant to Federal Rules of Civil Procedure 41(a). Case closed. SO ORDERED by Judge Arthur D. Spatt on 1/25/2018. (Coleman, Laurie)
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| Filing 33 Letter from Heng Wang, Esq. by Itomte, Inc., Shenzhen Tange Li'An E-Commerce Co., Ltd. (Wang, Heng) |
| Filing 32 NOTICE of Voluntary Dismissal by Itomte, Inc., Shenzhen Tange Li'An E-Commerce Co., Ltd. Voluntary Dismissal Without Prejudice (Wang, Heng) |
| Filing 31 Supplemental MOTION to Dismiss for Lack of Jurisdiction by Drone Whirl LLC. (Kelly, Timothy) |
| Filing 30 Letter from Heng Wang, Esq. by Itomte, Inc., Shenzhen Tange Li'An E-Commerce Co., Ltd. (Wang, Heng) |
| Filing 29 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Motion Hearing held on 1/17/2018. Decision reserved. (Gandiosi, Kristin) |
| Filing 28 MEMORANDUM in Opposition re #24 MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Attachments: #1 Declaration Declaration of Winnie Liu in Support of Plaintiffs' Opposition to Defendant Drone Whirl LLC d/b/a 7ProductGroup and Defendant Tatiana Mironova's Motion to Dismiss, #2 Exhibit Exhibit 1 to Declaration of Winnie Liu in Support of Plaintiffs' Opposition to Defendant Drone Whirl LLC d/b/a 7ProductGroup and Defendant Tatiana Mironova's Motion to Dismiss) (Wang, Heng) |
| Filing 27 MEMORANDUM in Opposition re #23 Letter MOTION to Change Venue to W.D. of Washington filed by All Plaintiffs. (Attachments: #1 Declaration Declaration of Winnie Liu in Support of Plaintiffs' Opposition to Defendant Amazon.com Inc Motion to Transfer) (Wang, Heng) |
| Filing 26 CONSENT to Magistrate Judge Disposition on Motion by Amazon.com, Inc. re #23 Letter MOTION to Change Venue to W.D. of Washington, #24 MOTION to Dismiss for Lack of Jurisdiction (Fee, J.) |
| Filing 25 CONSENT to Magistrate Judge Disposition on Motion by Amazon.com, Inc. re #23 Letter MOTION to Change Venue to W.D. of Washington, #24 MOTION to Dismiss for Lack of Jurisdiction (Fee, J.) |
| Filing 24 MOTION to Dismiss for Lack of Jurisdiction by Drone Whirl LLC. Responses due by 1/11/2018 (Attachments: #1 Declaration) (Kelly, Timothy) |
| Filing 23 Letter MOTION to Change Venue to W.D. of Washington by Amazon.com, Inc.. (Attachments: #1 Declaration of Nick Johnson) (Fee, J.) |
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ELECTRONIC ORDER: Due to a change in the Court's calendar, the Motion Hearing set for 1/16/2018 has been adjourned to 1/17/2018 at 2:00 PM in Courtroom 820 before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 1/3/2018. (Gandiosi, Kristin)
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| Filing 22 Minute Entry for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 1/2/2018. Defendants will file any letter motions on or before 1/5/2018. Opposition will be filed on or before 1/11/2018. Oral argument on the forthcoming letter motions is set for 1/16/2018 at 2:00 p.m. in courtroom 820 before Magistrate Judge Steven I. Locke. An evidentiary hearing on Plaintiffs' application for a preliminary injunction is set for 2/7/2018 at 2:00 p.m. before Magistrate Judge Locke. (FTR Log #10:48-11:00) (Vissichelli, Eric) |
| Email Notification Test - DO NOT REPLY. (Coleman, Laurie) |
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Electronic SCHEDULING ORDER: A status conference to address scheduling an evidentiary hearing on Plaintiffs' request for a preliminary injunction is set for 1/2/2018 at 10:00 a.m. in courtroom 820 before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 12/28/2017.(Vissichelli, Eric)
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| Incorrect Case/Document/Entry Information. The Electronic Order numbered #20 has been deleted from the above-referenced case at the request of Magistrate Locke's Chambers as it is duplicative of the 12/28/2017 Electronic Order. There will no longer be a document #20 in the above-referenced case. (Coleman, Laurie) |
| Filing 21 MINUTE ENTRY for proceedings held before Judge Arthur D. Spatt: Civil Cause for Order to Show Cause Hearing held on 12/27/2017. Case called. Counsel for all parties present. O.S.C. held. Other: Mr. Kelly to file a notice of appearance today after having difficulty filing it on ECF yesterday. TRO is denied. Court referring the Preliminary Injunction Hearing to Magistrate Judge Locke to report and recommend to Judge Spatt following a hearing. The court declines to sign the Order to Show Cause as is. Needs to be completely redone. Magistrate Judge Locke to contact counsel with a date for a hearing. (Court Reporter Fred Guerino.) (Coleman, Laurie) |
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Filing 19
REFERRAL ORDER - On December 15, 2017, the Plaintiffs filed an #2 Order to Show Cause seeking, in sum, a temporary restraining order and preliminary injunction enjoining the Defendants from continuing to sell ornamental gnomes or tomtes that they claim infringe on a registered trademark. On December 19, 2017, the Court held a Show Cause Hearing, whereby the Court adjourned the matter to December 27, 2017 to allow Drone Whirl LLC & Tatiana Mironova to retain counsel. On December 27, 2017, the Court held a Show Cause Hearing, whereby the Court denied the temporary restraining order. Further, the Court noted that it was referring the preliminary injunction to the United States Magistrate Judge assigned to this case. Accordingly, this matter is respectfully referred to United States Magistrate Judge Steven I. Locke to hold a hearing for the purpose of resolving all questions of fact and law relating to the Plaintiffs request for a preliminary injunction, and to issue a report and recommendation to that effect and address such other related issues as Magistrate Judge Locke finds appropriate. The Clerk of the Court is respectfully directed to note the referral. SO ORDERED by Judge Arthur D. Spatt on 12/27/2017. (Coleman, Laurie)
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| Filing 18 DECLARATION re #17 Response to Order to Show Cause by Drone Whirl LLC, Tatiana Mironova (Sklar, Matthew) |
| Filing 17 RESPONSE TO ORDER TO SHOW CAUSE by Drone Whirl LLC, Tatiana Mironova (Sklar, Matthew) |
| Filing 16 NOTICE of Appearance by Matthew Adam Sklar on behalf of Drone Whirl LLC, Tatiana Mironova (notification declined or already on case) (Sklar, Matthew) |
| Filing 15 NOTICE of Appearance by Matthew Adam Sklar on behalf of Drone Whirl LLC, Tatiana Mironova (aty to be noticed) (Sklar, Matthew) |
| Filing 14 MINUTE ENTRY for proceedings held before Judge Arthur D. Spatt: Civil Cause for Order to Show Cause Hearing held on 12/19/2017. Case called. Counsel for plaintiffs and defendant Amazon.com present, pro se defendant present via telephone. O.S.C. held. Matter adjourned to 12/27/2017 at 11:00 a.m. for defendants Drone and Tatiana Mironova to retain counsel. Opposition papers may be filed prior to 12/27/2017. Counsel for Mironova and Drone to file their Notice of Appearance once retained. If no counsel has appeared before 12/27/2017 then Ms. Mironova is to appear in person. Court declines to sign the O.S.C. at this time.(Court Reporter Fred Guerino.) (Coleman, Laurie) |
| Filing 13 AFFIDAVIT of Service for Order to show cause served on Drone Whirl, LLC c/o Tatiana Miranova on December 19th, 2017, filed by Itomte, Inc.. (Wang, Heng) |
| Filing 10 Notice of Report on the filing of an action regarding a Trademark. (Attachments: #1 Complaint) (McMahon, Carol) |
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Electronic ORDER scheduling hearing on #2 Order to Show Cause. Hearing set for 12/19/2017 11:00 AM in Courtroom 1020 before Judge Arthur D. Spatt. Ordered by Judge Arthur D. Spatt on 12/18/2017. (Roberts, Joshua)
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| Filing 9 NOTICE of Appearance by J. Kevin Fee on behalf of Amazon.com, Inc. (aty to be noticed) (Fee, J.) |
| MOTION for Preliminary Injunction , see #2 UNSIGNED ORDER TO SHOW CAUSE for details by Itomte, Inc., Shenzhen Tange Li'An E-Commerce Co., Ltd.. (Coleman, Laurie) |
| Filing 12 DECLARATION Of Yun Chen by Itomte, Inc., Tatiana Mironova, Shenzhen Tange Li'An E-Commerce Co., Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Davis, Kimberly) |
| Filing 11 DECLARATION of Yifeng Luo by Itomte, Inc., Tatiana Mironova, Shenzhen Tange Li'An E-Commerce Co., Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Davis, Kimberly) |
| Filing 8 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 7 DECLARATION of Lilin Chen by Itomte, Inc., Shenzhen Tange Li'An E-Commerce Co., Ltd. (Davis, Kimberly) |
| Filing 6 DECLARATION Of Jeremy Jackson by Itomte, Inc., Shenzhen Tange Li'An E-Commerce Co., Ltd. (Davis, Kimberly) |
| Filing 5 DECLARATION Of Jeremy Jackson by Itomte, Inc., Shenzhen Tange Li'An E-Commerce Co., Ltd. (Davis, Kimberly) |
| Filing 4 DECLARATION Of Jeremy Jackson by Itomte, Inc., Shenzhen Tange Li'An E-Commerce Co., Ltd. (Davis, Kimberly) |
| Filing 3 MEMORANDUM in Support re #2 Unsigned Order to Show Cause filed by Itomte, Inc., Shenzhen Tange Li'An E-Commerce Co., Ltd.. (Davis, Kimberly) |
| Filing 2 Unsigned Order to Show Cause by Itomte, Inc., Shenzhen Tange Li'An E-Commerce Co., Ltd. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Amazon.com, Inc., Drone Whirl LLC, Tatiana Mironova, filed by Shenzhen Tange Li'An E-Commerce Co., Ltd., Itomte, Inc.. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
| FILING FEE: $ 400, receipt number 4653122624 (Davis, Kimberly) |
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