Theragun, Inc. v. Tzumi Electronics LLC et al
Plaintiff: Theragun, Inc.
Defendant: Tzumi Electronics LLC, Tzumi Inc. and Does 1 - 10
Case Number: 1:2021cv07803
Filed: September 17, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Paul G Gardephe
Nature of Suit: Patent
Cause of Action: 18 U.S.C. ยง 1341
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 17, 2022 Opinion or Order Filing 33 ORDER FOR ADMISSION PRO HAC VICE granting #32 Motion for Stanley M. Gibson to Appear Pro Hac Vice. The motion of Stanley M. Gibson, for admission to practice Pro Hac Vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Paul G. Gardephe on 1/17/22) (yv)
January 14, 2022 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #32 MOTION for Stanley Martin Gibson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25585938. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
January 13, 2022 Filing 32 MOTION for Stanley Martin Gibson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25585938. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Theragun, Inc.. (Attachments: #1 Affidavit of Stanley M. Gibson in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Gibson, Stanley)
January 10, 2022 Opinion or Order Filing 31 MEMO ENDORSEMENT on MOTION FOR ADMISSION PRO HAC VICE granting #28 Motion for Gregory S. Cordrey to Appear Pro Hac Vice. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/10/2022) (ks)
January 6, 2022 Opinion or Order Filing 30 ORDER: It is hereby ORDERED that this case is stayed until February 7, 2022. The parties will submit a joint letter by February 7, 2022 indicating the status of settlement negotiations. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/6/2022) (ks)
January 6, 2022 Minute Entry for proceedings held before Judge Paul G. Gardephe: Initial Pretrial Conference held on 1/6/2022. (Court Reporter Eve Giniger) (mr)
January 5, 2022 Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tzumi Electronics LLC..(Stimpson, Scott)
January 5, 2022 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Gregory S. Cordrey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25540767. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
January 4, 2022 Filing 28 MOTION for Gregory S. Cordrey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25540767. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Theragun, Inc.. (Attachments: #1 Affidavit of Gregory S. Cordrey in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Cordrey, Gregory)
December 30, 2021 Filing 27 PROPOSED CASE MANAGEMENT PLAN. Document filed by Theragun, Inc.. (Attachments: #1 Joint Pretrial Conference Letter).(Ragosa, Diane)
December 16, 2021 Filing 26 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul G. Gardephe from Diane C. Ragosa, Esq. dated December 16, 2021 re: #23 LETTER MOTION for Conference re: #19 Amended Complaint, addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated December 13, 2021. . Document filed by Theragun, Inc.. (Attachments: #1 Exhibit A).(Ragosa, Diane)
December 16, 2021 Filing 25 NOTICE OF APPEARANCE by Peter Andrew Swift on behalf of Theragun, Inc...(Swift, Peter)
December 16, 2021 Filing 24 NOTICE OF APPEARANCE by Diane Christine Ragosa on behalf of Theragun, Inc...(Ragosa, Diane)
December 13, 2021 Filing 23 LETTER MOTION for Conference re: #19 Amended Complaint, addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated December 13, 2021. Document filed by Tzumi Electronics LLC..(Stimpson, Scott)
November 30, 2021 Filing 22 LETTER addressed to Judge Paul G. Gardephe from Zaid Shukri dated November 30, 2021 re: Letter enclosing courtesy copy of First Amended Complaint and Blackline. Document filed by Theragun, Inc.. (Attachments: #1 Enclosure 1 - First Amended Complaint with Exhibits A - L, #2 Enclosure 2 - Blackline).(Shukri, Zaid)
November 24, 2021 Filing 21 EXHIBIT TO PLEADING re: #19 Amended Complaint,. Document filed by Theragun, Inc...(Zimmerman, Philippe)
November 24, 2021 Filing 20 EXHIBIT TO PLEADING re: #19 Amended Complaint,. Document filed by Theragun, Inc.. (Attachments: #1 Exhibit B [Exhibit A is Main Document], #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H).(Zimmerman, Philippe)
November 23, 2021 Filing 19 FIRST AMENDED COMPLAINT amending #1 Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: #1 Complaint,. (Attachments: #1 I, #2 J, #3 K, #4 L).(Zimmerman, Philippe)
November 15, 2021 Set/Reset Deadlines: Amended Pleadings due by 11/23/2021. (ks)
November 15, 2021 Opinion or Order Filing 18 ORDER granting #17 Letter Motion for Extension of Time to Answer re #17 LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated November 10, 2021.. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 11/15/2021) (ks)
November 10, 2021 Filing 17 LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated November 10, 2021. Document filed by Tzumi Electronics LLC, Tzumi Inc...(Stimpson, Scott)
October 15, 2021 Opinion or Order Filing 16 ORDER granting #15 Letter Motion for Extension of Time to Answer re #15 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated October 12, 2021., #1 Complaint. The Application is granted. SO ORDERED. Tzumi Electronics LLC answer due 11/15/2021; Tzumi Inc. answer due 11/15/2021. (Signed by Judge Paul G. Gardephe on 10/15/2021) (tg)
October 12, 2021 Filing 15 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated October 12, 2021. Document filed by Tzumi Electronics LLC, Tzumi Inc...(Stimpson, Scott)
October 12, 2021 Filing 14 NOTICE OF APPEARANCE by Scott David Stimpson on behalf of Tzumi Electronics LLC, Tzumi Inc...(Stimpson, Scott)
October 12, 2021 Filing 13 NOTICE OF APPEARANCE by Steven Ze'Ev Luksenberg on behalf of Tzumi Electronics LLC, Tzumi Inc...(Luksenberg, Steven)
October 12, 2021 Filing 12 NOTICE OF APPEARANCE by Katherine Marguerite Lieb on behalf of Tzumi Electronics LLC, Tzumi Inc...(Lieb, Katherine)
October 8, 2021 Filing 11 AFFIDAVIT OF SERVICE. Tzumi Inc. served on 9/23/2021, answer due 10/14/2021. Service was accepted by Angela Mortellaro, Manager. Document filed by Theragun, Inc...(Shukri, Zaid)
October 8, 2021 Filing 10 AFFIDAVIT OF SERVICE. Tzumi Electronics LLC served on 9/23/2021, answer due 10/14/2021. Service was accepted by Angela Mortellaro, Manager. Document filed by Theragun, Inc...(Shukri, Zaid)
September 27, 2021 Filing 9 AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (vf)
September 24, 2021 Filing 8 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Zimmerman, Philippe)
September 22, 2021 Opinion or Order Filing 7 NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 1/6/2022 at 10:30 AM before Judge Paul G. Gardephe. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/22/2021) (ks) Modified on 9/22/2021 (ks).
September 20, 2021 Filing 6 NOTICE OF APPEARANCE by Zaid Shukri on behalf of Theragun, Inc...(Shukri, Zaid)
September 20, 2021 Filing 5 ELECTRONIC SUMMONS ISSUED as to Tzumi Electronics LLC, Tzumi Inc. (vf)
September 20, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Philippe Alain Zimmerman. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf)
September 20, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Philippe Alain Zimmerman. The party information for the following party/parties has been modified: Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc., Theragun, Inc. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
September 20, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)
September 20, 2021 ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Philippe Alain Zimmerman to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (vf)
September 20, 2021 Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
September 20, 2021 Case Designated ECF. (vf)
September 17, 2021 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Theragun, Inc...(Zimmerman, Philippe)
September 17, 2021 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Tzumi Electronics LLC, Tzumi Inc., re: #1 Complaint,. Document filed by Theragun, Inc...(Zimmerman, Philippe)
September 17, 2021 Filing 2 CIVIL COVER SHEET filed..(Zimmerman, Philippe)
September 17, 2021 Filing 1 COMPLAINT against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25078592)Document filed by Theragun, Inc.. (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).(Zimmerman, Philippe)

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Plaintiff: Theragun, Inc.
Represented By: Philippe Alain Zimmerman
Represented By: Zaid Shukri
Represented By: Diane Christine Ragosa
Represented By: Gregory Cordrey
Represented By: Peter Andrew Swift
Represented By: Stanley M Gibson
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Defendant: Tzumi Electronics LLC
Represented By: Katherine Marguerite Lieb
Represented By: Scott David Stimpson
Represented By: Steven Ze'Ev Luksenberg
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Defendant: Tzumi Inc.
Represented By: Katherine Marguerite Lieb
Represented By: Scott David Stimpson
Represented By: Steven Ze'Ev Luksenberg
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Defendant: Does 1 - 10
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