Chen v. Amazon.com, Inc.
| Weitao Chen |
| AMAZON.COM, INC. |
| 2:2023cv05324 |
| July 12, 2023 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Steven Tiscione |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 REPLY to Response to Motion re #27 Letter MOTION for pre motion conference filed by Weitao Chen. (Chen, Weitao) |
| Filing 28 RESPONSE to Motion re #27 Letter MOTION for pre motion conference filed by Amazon.com, Inc.. (Magliery, John) |
| Incorrect Case/Document/Entry Information: Re termination of motion; dkt. no. #27 , was terminated in error in the above action, and has since been modified. (ML) |
| Filing 27 Letter MOTION for pre motion conference by Weitao Chen. (Chen, Weitao) |
| Filing 26 TRANSCRIPT of Proceedings held on 8/10/2023, before Judge Komitee. Court Reporter/Transcriber Transcriptions Plus II, Inc. Email address: RL.Transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/5/2023. Redacted Transcript Deadline set for 9/15/2023. Release of Transcript Restriction set for 11/13/2023. (LH) |
| Filing 25 Letter regarding voluntary cessation and irreparable harm by Weitao Chen (Chen, Weitao) |
| Filing 24 Letter to Hon. Eric R. Komitee. Dated, 8/11/2023. Re: Voluntary cessation by Amazon.com, Inc. (Magliery, John) |
| Filing 23 Letter to Hon. Judge Komitee by Weitao Chen (Attachments: #1 Exhibit A. Amazon Defamatory Emails, #2 Exhibit B. Notices of Cited Trademarks) (Chen, Weitao) |
| Filing 22 Minute Entry for proceedings held before Judge Eric R. Komitee: Hearing held on 8/10/2023 re #9 MOTION for Preliminary Injunction filed by Weitao Chen. Case called. Discussion held. Decision reserved. (FTR Log #10:06 - 11:08.) (AG) |
| Filing 21 NOTICE of Appearance by John Michael Magliery on behalf of Amazon.com, Inc. (aty to be noticed) (Magliery, John) |
| Filing 20 REPLY in Support of Motion for Preliminary Injunction filed by Weitao Chen. (Attachments: #1 Declaration of Weitao Chen, #2 Exhibit A. Application No. 90717905, #3 Exhibit B. Application No. 90613328, #4 Exhibit C. Application No. 90368225, #5 Exhibit D. Application No. 90638908, #6 Exhibit E. Blacklist of Attorneys, #7 Exhibit F. Application No. 97193047) (Chen, Weitao) |
| Filing 19 NOTICE of Appearance by Ambika Kumar on behalf of Amazon.com, Inc. (notification declined or already on case) (Kumar, Ambika) |
| Filing 18 MEMORANDUM in Opposition re #9 MOTION for Temporary Restraining Order and Preliminary Injuction MOTION for Preliminary Injunction filed by Amazon.com, Inc.. (Attachments: #1 Declaration of Saloni Arora in Opposition to Motion, #2 Exhibit 1 (USPTO guidance), #3 Exhibit 2 (Emails), #4 Exhibit 3 (USPTO Filings), #5 Declaration of Ambika Kumar in Opposition to Motion, #6 Exhibit 4 (Publication), #7 Exhibit 5 (USPTO Filings - No. 90717905), #8 Exhibit 6 (USPTO Filings - No. 90613328), #9 Exhibit 7 (USPTO Filings - No. 90638908), #10 Exhibit 8 (USPTO Filings - No. 90368225), #11 Exhibit 9 (Publication), #12 Exhibit 10 (Publication), #13 Exhibit 11 (Letter), #14 Exhibit 12 (Declaration), #15 Exhibit 13 (Order)) (Magliery, John) |
| Filing 17 NOTICE of Appearance by Tim Cunningham on behalf of Amazon.com, Inc. (notification declined or already on case) (Cunningham, Tim) |
| Filing 16 MOTION to Appear Pro Hac Vice of Tim Cunningham Filing fee $ 150, receipt number ANYEDC-16967084 by Amazon.com, Inc.. (Attachments: #1 Affidavit Affidavit of Tim Cunningham - Motion for Pro Hac Admission, #2 Proposed Order Order Granting Pro Hac Admission - Cunningham) (Cunningham, Tim) |
| Filing 15 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16966950 by Amazon.com, Inc.. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Proposed Order) (Kumar, Ambika) |
ORDER granting #16 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #16 submitted by Tim Cunningham for Defendant Amazon.com, Inc., and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 8/7/2023. (LV)
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ORDER granting #15 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #15 submitted by Ambika Kumar for Defendant Amazon.com, Inc., and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 8/7/2023. (LV)
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| Filing 14 Summons Issued as to Amazon.com, Inc.. (SG) |
| Filing 13 AFFIDAVIT of Service for Order Setting Hearing on Motion served on Defendant's attorney on 08/03/2023, filed by Weitao Chen. (Chen, Weitao) |
| Incorrect Case/Document/Entry Information. Please Note: Docket Entry #8 Summons issued was entered for the incorrect case and that a new summons has been issued by the Clerk for this case, today, 8/4/2023. (SG) |
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SCHEDULING ORDER -- A hearing on Plaintiff's motion for preliminary injunction will be held on August 10, 2023, at 10:00 in Courtroom 6G North. Plaintiff shall serve a copy of this order upon Defendant. Ordered by Judge Eric R. Komitee on 8/3/2023. (AG)
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| Filing 12 AFFIDAVIT of Service for Court Order (amended with email service added) served on Defendant's attorney on 07/26/2023, filed by Weitao Chen. (Chen, Weitao) |
| Filing 11 AFFIDAVIT of Service for Court Order served on Defendant's attorney, filed by Weitao Chen. (Chen, Weitao) |
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ORDER denying #9 Motion for TRO -- The Motion #9 for a temporary restraining order is denied because, at the least, Plaintiff has not sufficiently demonstrated that his alleged injuries are irreparable. Defendant shall respond to the Motion #9 for a Preliminary Injunction by August 7, 2023. Plaintiff shall serve a copy of this order upon Defendant, and file proof of service with the Clerk of Court, on or before July 31, 2023. Ordered by Judge Eric R. Komitee on 7/26/2023. (AG)
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| Filing 10 WAIVER OF SERVICE Returned Executed by Weitao Chen. Amazon.com, Inc. waiver sent on 7/14/2023, answer due 9/12/2023. (Chen, Weitao) |
| Filing 9 MOTION for Temporary Restraining Order and Preliminary Injuction by Weitao Chen. (Attachments: #1 Appendix Index of Exhibits, #2 Declaration by Weitao Chen, #3 Exhibit for Weitao Chen Declaration, #4 Declaration by Yuko Wang, #5 Exhibit for Yuko Wang Declaration, #6 Declaration by Amy Chen) (Chen, Weitao). Added MOTION for Preliminary Injunction on 7/26/2023 (AG). |
| Filing 8 Summons Issued as to Amazon.com, Inc.. (SG) |
| Filing 7 Proposed Summons. by Weitao Chen (Chen, Weitao) |
| Filing 6 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. (LJ) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Steven Tiscione. 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. (LJ) |
| A summons was not issued for the following reason: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (LJ) |
| Filing 4 AMENDED COMPLAINT (contact info and date corrected) against Amazon.com, Inc., filed by Weitao Chen. (Chen, Weitao) Modified on 7/17/2023 (LJ). |
| Filing 3 Civil Cover Sheet.. by Weitao Chen (Chen, Weitao) |
| Notice: Re: Incomplete Civil Cover Sheet. A completed Civil Cover Sheet was not filed - specifically page 2 of the document is missing; the Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. **Please enter the document separately from the complaint.** (LJ) |
| Filing 2 AFFIDAVIT/AFFIRMATION Certificate of Interested Parties by Weitao Chen (Chen, Weitao) |
| Filing 1 COMPLAINT filed against Amazon.com, Inc. filing fee $ 402, receipt number ANYEDC-16885768 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Weitao Chen. (Chen, Weitao) Modified on 7/17/2023 (LJ). |
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| Plaintiff: Weitao Chen | |
| Represented By: | Weitao Chen |
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| Defendant: AMAZON.COM, INC. | |
| Represented By: | Ambika Kumar |
| Represented By: | John Michael Magliery |
| Represented By: | Tim Cunningham |
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