Magic Mobile Communications Holdings, LLC v. Wu
| Magic Mobile Communications Holdings, LLC and Magic Mobile Communications Holdings, LLC doing business as Black Out Mobile |
| James Wu |
| 2:2018cv04651 |
| August 17, 2018 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R Brown |
| Sandra J Feuerstein |
| Joanna Seybert |
| Contract: Other |
| 17 U.S.C. § 501 Copyright Infringement |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 10, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 28 Letter MOTION to Seal Docket Numbers 12, 18, 22, 26, and 27 by Magic Mobile Communications Holdings, LLC. (Berman, Seth) |
| Filing 27 MEMORANDUM OF LAW in Opposition Re: #6 Order to Show Cause, filed by James Wu. (Valle, Christine) |
| Filing 26 MEMORANDUM OF LAW in Opposition Re: #5 Order to Show Cause, filed by James Wu. (Valle, Christine) |
| Filing 25 ANSWER to #17 Answer to Complaint, Counterclaim by Magic Mobile Communications Holdings, LLC. (Attachments: #1 Sealing Cover Sheet) (Valle, Christine) |
| Filing 21 REPLY in Support re #5 Order to Show Cause,,,,, #6 Order to Show Cause,,,,,,,,,,,,,, filed by Magic Mobile Communications Holdings, LLC. (Berman, Seth) |
| Filing 24 Letter MOTION for leave to allow Pro Se to Electronically File by James Wu. (Valle, Christine) |
| Filing 23 Letter from James Wu to Judge Seybert dated 10/2/2018 Re: Defendant objects to Plaintiff's request regarding memorandums of law and declarations in response. (Valle, Christine) |
| Filing 20 AFFIDAVIT of Service for Electronic Order served on Defendant James Wu on 10/03/2018, filed by Magic Mobile Communications Holdings, LLC. (Berman, Seth) |
ELECTRONIC ORDER granting #19 Motion for Leave to File Excess Pages. Plaintiff's motion to file a reply memorandum of law in excess of ten pages (Docket Entry 19) is GRANTED. Plaintiff is directed to serve a copy of this Electronic Order on the pro se Defendant and file proof of service on ECF within two days. Ordered by Judge Joanna Seybert on 10/3/2018. (Edwards, Tracy)
|
| Filing 19 First MOTION for Leave to File Excess Pages Letter Request by Magic Mobile Communications Holdings, LLC. (Berman, Seth) |
| Filing 22 SUPPLEMENTAL DECLARATION IN OPPOSITION Re: #6 Order to Show Cause, filed by James Wu. (Valle, Christine) |
| Filing 18 Letter from J. Grady to Pro Se Litigant dated 9/27/18 Re: Enclosed Memorandums of Law are being returned without docketing or consideration for the reason(s) set forth herein. (Valle, Christine) |
| Filing 14 AFFIDAVIT of Service for Electronic Order served on Defendant James Wu on 09/24/2018, filed by Magic Mobile Communications Holdings, LLC. (Berman, Seth) |
|
ELECTRONIC ORDER granting #13 Motion for Extension of Time to File Response/Reply. Plaintiff is directed to file its reply on or before October 5, 2018. Plaintiff is further directed to serve a copy of this Electronic Order on the pro se Defendant and file proof of service on ECF within two days. Ordered by Judge Joanna Seybert on 9/24/2018. (Edwards, Tracy)
|
| Filing 13 First MOTION for Extension of Time to File Response/Reply as to #6 Order to Show Cause,,,,,,,,,,,,,, Letter Request by Magic Mobile Communications Holdings, LLC. (Berman, Seth) |
| NOTICE of CANCELLATION of Hearing: This case having been reassigned to Judge Joanna Seybert, the conference scheduled by Judge Feuerstein for 10/17/2018 will not go forward. (Baran, Charles) |
| Filing 17 ANSWER to #1 Sealed Complaint,, COUNTERCLAIM against Magic Mobile Communications Holdings, LLC, filed by James Wu. (Attachments: #1 Sealing Cover Sheet) (Valle, Christine) |
|
ORDER REASSIGNING CASE. Case reassigned to Judge Joanna Seybert for all further proceedings. Judge Sandra J. Feuerstein no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Dora Lizette Irizarry on 9/18/2018. (Davis, Kimberly)
|
| Filing 12 MEMORANDUM in Opposition re #6 Order to Show Cause,,,,,,,,,,,,,, Defendant's Memorandum of Law in Opposition for TRO and Preliminary Injunction filed by James Wu. (Chen, Richard) |
|
ORDER granting #11 Motion to Adjourn Conference: The September 4, 2018 Initial Conference is adjourned to October 17, 2018 at 11:15 a.m. (Courtroom 1010 in the Central Islip Federal Courthouse); the proposed modified briefing scheduled is approved. Ordered by Judge Sandra J. Feuerstein on 08/31/2018. c/ECF (Killigrew, Patricia)
|
| Filing 11 MOTION to Adjourn Conference Letter Motion to Adjourn Initial Conference and Opposition/Reply Dates for TRO'S by James Wu. (Chen, Richard) |
| Filing 10 Cash BOND in the amount of $ 100,000 posted by Magic Mobile Communications Holdings, LLC. (Tirado, Chelsea) |
| Filing 9 SUMMONS Returned Executed by Magic Mobile Communications Holdings, LLC. James Wu served on 8/17/2018, answer due 9/7/2018. (Berman, Seth) |
| Filing 8 AFFIDAVIT of Service for Affirmation of Service of Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction with supporting papers served on James Wu on 8/17/18, filed by Magic Mobile Communications Holdings, LLC. (Berman, Seth) |
| Filing 7 AFFIDAVIT of Service for Order to Show Cause to e-file unredacted documents under seal served on James Wu on August 17, 2018, filed by Magic Mobile Communications Holdings, LLC. (Berman, Seth) |
|
Filing 6
ORDER TO SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION - LET the Defendant, James Wu ("Defendant") show cause by serving and filing a memorandum of law and supporting documents, and any evidence in opposition to Plaintiff's motion, and sending courtesy copies thereof to Chambers, at Room 1014, United States District Court, Eastern District of New York, 100 Federal Plaza, Central Islip, NY 11722, by no later than 8/31/2018 at 5PM., or as soon thereafter as counsel may be heard, why an order granting a preliminary injunction should not be entered pursuant to Rule 65 of the Federal Rules of Civil Procedure: (See order for details). Upon plaintiff's positing of a bond in the amount of $100,000, IT IS HEREBY ORDERED, that pending the hearing and determination of Magic Mobile's application for preliminary injunction, Defendant, either individually or acting as agent for any other person or entity, is enjoined, prohibited, and restrained from using, selling, transferring, disclosing, assigning, licensing, exploiting, sharing, or disposing of any of Plaintiff Magic Mobile's intellectual property, confidential or proprietary information or trade secrets including, but not limited to, Plaintiff Magic Mobile's pending patent inventions or copyrighted Business Plan or White Paper; and it is further ORDERED, that pending the hearing and determination of Magic Mobile's application for a preliminary injunction, Defendant is enjoined, prohibited and restrained from accepting employment with or becoming a consultant or independent contractor of any business engaged in the sale of any product or service or engaged in a business activity that is the same as, substantially similar to, or otherwise competitive with Magic Mobile's business of secure telephonic technology, and it is further ORDERED, that pending the hearing and determination of Magic Mobile's application for a preliminary injunction, Defendant, either individually or acting as agent for any other person or entity, is enjoined, prohibited and restrained from interfering in any manner with Magic Mobile's existing business relationships, including between Magic Mobile and its current or prospective clients, investors, employees, consultants and/or independent contractors; and it is further ORDERED that Defendant shall return all of Magic Mobile's property; including but not limited to company property, and all copies in any form of media of intellectual property, including Magic Mobile's intellectual property, confidential or proprietary information or trade secrets or any other information or documents obtained by or in Defendant's possession concern1ng Plaintiff Magic Mobile; and it is further ORDERED, that pending the hearing and determination of Plaintiff's application for a preliminary injunction, Defendant is enjoined, prohibited and restrained from deleting any records or information from his electronic devices relation to Plaintiff Magic Mobile, as well as downloading and/or copying Magic Mobile's information. ORDERED, that service of a copy of this ORDER upon Defendant by personal service before 5PM on 8/17/2018 shall be deemed good and sufficient service; and it is further ORDERED that reply papers, if any, must be served and filed, and courtesy copies sent to Chambers by no later than 5PM on 9/7/2018. It is further ORDERED that the parties shall appear for an initial conference in Courtroom 1010 at the Central Islip Courthouse on Monday, 9/24/2018 at 11:15AM. SO Ordered by Judge Sandra J. Feuerstein on 8/17/2018. (Tirado, Chelsea)
|
|
Filing 5
ORDER TO SHOW CAUSE TO E-FILE UNREDACTED DOCUMENTS UNDER SEAL OR IN THE ALTERNATIVE, E-FILE DOCUMENTS WITH CONFIDENTIAL INFORMATION REDACTED - It is hereby ORDERED that Defendant, James Wu ("Defendant"), show cause by serving and filing a memorandum of law and any supporting documents and evidence in opposition to Plaintiffs motion, and sending courtesy copies thereof to Chambers at Room 1014, United States District Court, Eastern District of New York, 100 Federal Plaza, Central Islip, NY, 11722, by no later than 8/31/2018 at 5PM., or as soon thereafter as counsel may be heard, why an order should not be entered pursuant to Federal Rule of Civil Procedure 5.2( d), 5.2( e ), and 5.2(f), 35 U.S.C. 122, 18 U.S.C. 1835, and 18 U.S.C. 1836 (b)(l) & 1836(b)(3)(A)(ii) directing that: (See Order for Details). ORDERED that all documents filed in connection with this action, including letters, shall be filed via ECF under seal pending a determination on this application. ORDERED that service of a copy of this ORDER upon Defendant by personal service before 5PM on 8/17/2018 shall be deemed good and sufficient service; and it is further ORDERED, that reply papers, and courtesy copies sent to chambers, if any must be filed on ECF under seal and served no later than 5PM on 9/7/2018. SO Ordered by Judge Sandra J. Feuerstein on 8/17/2018. (Tirado, Chelsea)
|
| Filing 4 Summons Issued as to James Wu. (Florio, Lisa) |
| Filing 3 PROPOSED Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by Magic Mobile Communications Holdings, LLC. (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Memorandum in support) (Florio, Lisa) |
| Filing 2 PROPOSED Order to Show Cause to E-File unredacted documents under seal or in the alternative, E-File documents with confidential information redacted by Magic Mobile Communications Holdings, LLC. (Attachments: #1 Memorandum in support, #2 Declaration in support, #3 Sealing Cover Sheet) (Florio, Lisa) |
| Filing 1 COMPLAINT against James Wu Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Magic Mobile Communications Holdings, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Sealing Cover Sheet) (Florio, Lisa) (Additional attachment(s) added on 8/17/2018: #4 Sealing Cover Sheet) (Florio, Lisa). |
| FILING FEE: $ 400.00, receipt number 25937. (Florio, Lisa) |
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 York Eastern 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.
