Health Tracker Systems LLC v. Michael Kors (USA), Inc.
| Health Tracker Systems LLC |
| Michael Kors (USA), Inc. |
| 1:2022cv06437 |
| July 28, 2022 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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| Filing 21 AO 120 FORM PATENT - CASE TERMINATED - 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 final decision was rendered on 9/15/2022 in a court action 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). (Attachments: #1 Supplement Dismissal Order) (ama) |
Filing 20
ORDER OF DISMISSAL WITH PREJUDICE: On this day, Plaintiff Health Tracker Systems LLC ("Plaintiff") and Defendant Michael Kors (USA), Inc. ("Defendant") announced to the Court that they have resolved Plaintiff's claims for relief against Defendant asserted in this case. Plaintiff and Defendant have therefore requested that the Court dismiss Plaintiff's claims for relief against Defendant with prejudice and all Defendant's claims for attorney's fees against Plaintiff, and with all attorneys' fees, costs and expenses taxed against the party incurring same. The Court, having considered this request, is of the opinion that their request for dismissal should be granted. IT IS THEREFORE ORDERED that Plaintiff's claims for relief against Defendant are dismissed with prejudice. IT IS FURTHER ORDERED that all attorneys' fees, costs of court and expenses shall be borne by each party incurring the same. SO ORDERED. (Signed by Judge Edgardo Ramos on 9/15/2022) (ama)
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| Filing 19 PROPOSED STIPULATION AND ORDER. Document filed by Health Tracker Systems LLC..(Loaknauth, Nicholas) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Nicholas Loaknauth. RE-FILE Document No. #18 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong event type was used to file the voluntary dismissal. Re-file the document using the event type Proposed Stipulation and Order found under the event list Proposed Orders - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (tp) |
| Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, against the defendant(s) Michael Kors (USA), Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Health Tracker Systems LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Loaknauth, Nicholas) Modified on 9/15/2022 (tp). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for RICARDO J. BONILLA to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number CNYSDC-26632163. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Michael R. Ellis to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
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Filing 17
ORDER granting #12 Motion for Neil J. McNabnay to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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| Pro Hac Vice Fee Due: for #15 MOTION for Michael R. Ellis to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff...(sgz) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. #15 MOTION for Michael R. Ellis to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the filing fee was not paid;.. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (sgz) |
| Pro Hac Vice Fee Payment: for #15 MOTION for Michael R. Ellis to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-26639364..(Ellis, Michael) |
| Filing 16 MOTION for RICARDO J. BONILLA to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number CNYSDC-26632163. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Kors (USA), Inc.. (Attachments: #1 Affidavit Declaration of Ricardo J. Bonilla, #2 Exhibit Certificate of Good Standing from the Supreme Court of Texas, #3 Text of Proposed Order Proposed Order).(Bonilla, Ricardo) |
| Filing 15 MOTION for Michael R. Ellis to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Kors (USA), Inc.. (Attachments: #1 Affidavit Declaration of Michael R. Ellis, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Ellis, Michael) Modified on 9/6/2022 (sgz). Modified on 9/7/2022 (aea). |
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Filing 14
ORDER granting #11 Letter Motion for Conference by telephone. A pre-motion Conference will be held on September 15, 2022 at 4:00 p.m. by telephone. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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| Filing 13 LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from Kirk Anderson dated 8/30/22 re: #11 LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Edgardo Ramos from Excylyn J. Hardin-Smith dated 8/25/2022. . Document filed by Health Tracker Systems LLC..(Loaknauth, Nicholas) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Neil J. McNabnay to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26596435. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 12 MOTION for Neil J. McNabnay to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26596435. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Kors (USA), Inc.. (Attachments: #1 Affidavit Declaration of Neil J. McNabNay, #2 Exhibit Certificate of Good Standing from Supreme Court of Texas, #3 Text of Proposed Order Proposed Order).(McNabnay, Neil) |
| Filing 11 LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Edgardo Ramos from Excylyn J. Hardin-Smith dated 8/25/2022. Document filed by Michael Kors (USA), Inc...(Hardin-Smith, Excylyn) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Capri Holdings Limited for Michael Kors (USA), Inc.. Document filed by Michael Kors (USA), Inc...(Hardin-Smith, Excylyn) |
| Filing 9 NOTICE OF APPEARANCE by Excylyn Janaize Hardin-Smith on behalf of Michael Kors (USA), Inc...(Hardin-Smith, Excylyn) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,. Michael Kors (USA), Inc. served on 8/4/2022, answer due 8/25/2022. Service was accepted by Kartik Pandya, Agent for Service of Process. Document filed by Health Tracker Systems LLC..(Loaknauth, Nicholas) |
| Filing 7 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) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Michael Kors (USA), Inc.. (vf) |
| Magistrate Judge Sarah L. Cave 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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) |
| Case Designated ECF. (vf) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Michael Kors (USA), Inc., re: #1 Complaint,. Document filed by Health Tracker Systems LLC..(Loaknauth, Nicholas) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Health Tracker Systems LLC..(Loaknauth, Nicholas) |
| Filing 3 CIVIL COVER SHEET filed..(Loaknauth, Nicholas) |
| Filing 2 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Loaknauth, Nicholas) |
| Filing 1 COMPLAINT against Michael Kors (USA), Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26479284)Document filed by Health Tracker Systems LLC. (Attachments: #1 Exhibit A: US Pat. No. 6,582,380, #2 Exhibit B: Claim Chart, #3 Exhibit C: Screen shot, #4 Exhibit D: Screen shot, #5 Exhibit E: Screen shot, #6 Exhibit F: Screen shot).(Loaknauth, Nicholas) |
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