Tzumi Electronics LLC v. The Burlington Insurance Company
| Tzumi Electronics LLC |
| The Burlington Insurance Company, An Illinois Corporation and The Burlington Insurance Company |
| 1:2022cv10307 |
| December 6, 2022 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Insurance |
| 28 U.S.C. § 2201 dj Declaratory Judgment |
| Both |
Docket Report
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This docket was last retrieved on August 2, 2023. A more recent docket listing may be available from PACER.
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Filing 29
ORDER: On January 23, 2023, Defendant filed a motion to dismiss the complaint under Rule 12(b) of the Federal Rules of Civil Procedure. See ECF No. 21. On the same date, Plaintiff filed a motion for partial summary judgment. See ECF No. 24. The Court will hold a telephone conference on January 31, 2023, at 3:30 p.m., to address how to proceed, including but not limited to whether Plaintiff intends to amend its Complaint to address the issues discussed in Defendants motion; whether there is a need to brief both motions (since they are partially overlapping); and, if so, a schedule and structure for briefing the two motions that would minimize the burdens on the parties and Court. To aid that discussion, counsel shall meet and confer about those issues in advance of the conference. To access the conference, counsel should call 888-363-4749 and use access code 5421540#. Members of the press and public may call the same number, but will not be permitted to speak during the conference. The parties are reminded to follow the procedures for telephone conferences described in the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman, including Rule 3(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. Finally, the initial pretrial conference previously scheduled for March 23, 2023, is adjourned sine die. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/24/2023) ( Telephone Conference set for 1/31/2023 at 03:30 PM before Judge Jesse M. Furman.) (ks)
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Filing 28
DECLARATION of ABRAHAM WEINBERGER in Support re: #24 MOTION for Partial Summary Judgment .. Document filed by Tzumi Electronics LLC. (Attachments: #1 Exhibit 6 - Tzumi.com Website, #2 Exhibit 7 - Tzumi Instagram ProFit, #3 Exhibit 8 Part 1 - Walmart FitRx Ads, #4 Exhibit 8 Part 2 - Walmart FitRx Ads, #5 Exhibit 9 - Tzumi (FitRx - Walmart) Instagram Website, #6 Exhibit 10 - Tzumi TikTok Website).(Teresh, Dimitri)
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Filing 27
DECLARATION of DAVID GAUNTLETT in Support re: #24 MOTION for Partial Summary Judgment .. Document filed by Tzumi Electronics LLC..(Teresh, Dimitri)
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Filing 26
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #24 MOTION for Partial Summary Judgment . STATEMENT OF MATERIAL FACTS. Document filed by Tzumi Electronics LLC..(Teresh, Dimitri)
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Filing 25
MEMORANDUM OF LAW in Support re: #24 MOTION for Partial Summary Judgment . . Document filed by Tzumi Electronics LLC..(Teresh, Dimitri)
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Filing 24
MOTION for Partial Summary Judgment . Document filed by Tzumi Electronics LLC..(Teresh, Dimitri)
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Filing 23
DECLARATION of Yale Glazer, Esq. in Support re: #21 MOTION to Dismiss Complaint.. Document filed by The Burlington Insurance Company. (Attachments: #1 Exhibit A Summons and Complaint, #2 Exhibit 1 to S&C - Policy, #3 Exhibit 2 to S&C - UnderlyingPatent Infringement Complaint, #4 Exhibit 3 Part 1 to S&C - Second Am. Patent Infringement Complaint, #5 Exhibit 3 Part 2 to S&C - Second Am. Patent Infringement Complaint, #6 Exhibit 4 to S&C - Tender, #7 Exhibit 5 to S&C - Disclaimer).(Glazer, Yale)
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Filing 22
MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss Complaint. . Document filed by The Burlington Insurance Company..(Glazer, Yale)
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Filing 21
MOTION to Dismiss Complaint. Document filed by The Burlington Insurance Company..(Glazer, Yale)
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Filing 20
ORDER granting #18 Motion for James A. Lowe to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 19
ORDER granting #17 Motion for David A. Gauntlett to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for James A. Lowe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27144064. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for David A. Gauntlett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27143972. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 18
MOTION for James A. Lowe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27144064. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tzumi Electronics LLC. (Attachments: #1 Affidavit Declarationof James A. Lowe, #2 Exhibit Attachement to Declaration of James A. Lowe, #3 Exhibit Attachment to Declaration of James A Lowe, #4 Text of Proposed Order Proposed Order).(Killian, Eugene)
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Filing 17
MOTION for David A. Gauntlett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27143972. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tzumi Electronics LLC. (Attachments: #1 Affidavit Declaration of of David A. Gauntlett, #2 Exhibit attachment to Gauntlett Certification, #3 Text of Proposed Order Proposed Order).(Killian, Eugene)
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Filing 16
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Guilford Insurance Company, Corporate Parent Alamance Insurance company, Corporate Parent Burlington Insurance Group, Incorporated, Corporate Parent International Financial Group, Inc., Corporate Parent First Financial Insurance Company, Corporate Parent FFIC Holdings Incorporated for The Burlington Insurance Company. Document filed by The Burlington Insurance Company..(Glazer, Yale)
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Filing 15
AFFIDAVIT OF SERVICE. The Burlington Insurance Company served on 12/12/2022, answer due 2/10/2023. Service was accepted by Kayla Perina, Office Manager. Document filed by Tzumi Electronics LLC..(Killian, Eugene)
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Filing 14
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Guilford Insurance Company, Corporate Parent Alamance Insurance company, Corporate Parent Burlington Insurance Group, Incorporated, Corporate Parent International Financial Group, Inc., Corporate Parent First Financial Insurance Company, Corporate Parent FFIC Holdings Incorporated for The Burlington Insurance Company. Document filed by The Burlington Insurance Company..(Glazer, Yale)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #13 MOTION for James A. Lowe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27089044. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California 415-865-7000; Ink Signature Needed When Not Using Own Pacer Account;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #12 MOTION for David A. Gauntlett 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): missing Certificate of Good Standing from Supreme Court of California 415-865-7000; the filing fee was not paid; Ink Signature Needed When Not Using Own Pacer Account. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (sgz)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Yale Howard Glazer to RE-FILE Document No. #9 Rule 7.1 Corporate Disclosure Statement,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the corporate disclosure statement is not correct; the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb)
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Filing 13
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for James A. Lowe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27089044. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tzumi Electronics LLC. (Attachments: #1 Exhibit Declarationof James A. Lowe, #2 Exhibit Attachement to Declaration of James A. Lowe, #3 Text of Proposed Order Proposed Order).(Killian, Eugene) Modified on 12/15/2022 (sgz).
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Filing 12
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David A. Gauntlett to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tzumi Electronics LLC. (Attachments: #1 Exhibit Declaration of of David A. Gauntlett, #2 Exhibit attachment to Gauntlett Certification, #3 Text of Proposed Order Proposed Order).(Killian, Eugene) Modified on 12/15/2022 (sgz).
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 10. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/14/22) (yv)
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Filing 10
LETTER MOTION for Extension of Time to answer or otherwise appear addressed to Judge Jesse M. Furman from Yale Glazer, Esq. dated December 14, 2022. Document filed by The Burlington Insurance Company..(Glazer, Yale)
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Filing 9
FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Guilford Insurance Company, Corporate Parent Alamance Insurance company, Corporate Parent Burlington Insurance Group, Incorporated, Corporate Parent International Financial Group, Inc., Corporate Parent First Financial Insurance Company, Corporate Parent FFIC Holdings Incorporated for The Burlington Insurance Company. Document filed by The Burlington Insurance Company..(Glazer, Yale) Modified on 12/15/2022 (lb).
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Set/Reset Deadlines: The Burlington Insurance Company answer due 1/24/2023. (yv)
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Filing 8
NOTICE OF APPEARANCE by Dimitri Teresh on behalf of Tzumi Electronics LLC..(Teresh, Dimitri)
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (And as further set forth herein.) SO ORDERED. Initial Conference set for 3/23/2023 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 12/7/2022) (jca)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to The Burlington Insurance Company..(pc)
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Filing 5
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tzumi Electronics LLC..(Killian, Eugene)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(pc)
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Case Designated ECF. (pc)
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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. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eugene Killian, Jr.. The party information for the following party/parties has been modified: Tzumi Electronics LLC, The Burlington Insurance Company, An Illinois Corporation. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (pc)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to The Burlington Insurance Company, re: #1 Complaint,. Document filed by Tzumi Electronics LLC..(Killian, Eugene)
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Filing 3
FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tzumi Electronics LLC..(Killian, Eugene) Modified on 12/6/2022 (lb).
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Filing 2
CIVIL COVER SHEET filed..(Killian, Eugene)
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Filing 1
COMPLAINT against The Burlington Insurance Company, An Illinois Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-27047097)Document filed by Tzumi Electronics LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 Part 1, #4 Exhibit 3 Part 2, #5 Exhibit 4, #6 Exhibit 5).(Killian, Eugene)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Eugene Killian to RE-FILE Document No. #3 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the corporate disclosure statement is not correct; the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb)
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