Ecoer Inc. et al v. Honeywell International Inc.
| Ecoer Inc. and InverterCool Inc. |
| Honeywell International Inc. |
| 1:2023cv08501 |
| September 27, 2023 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 12 ELECTRONIC SUMMONS ISSUED as to Honeywell International Inc...(jgo) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to HONEYWELL INTERNATIONAL INC., re: #1 Complaint,,,,. Document filed by Ecoer Inc., InverterCool Inc...(Ye, John) |
Filing 10
ORDER: On November 2, 2023, the Court ordered plaintiffs to show cause by November 14, 2023 why the above-captioned action should not be dismissed for failure to prosecute, pursuant to Rule 41 of the Federal Rules of Civil Procedure. Dkt. 6. That same day, the Court received a response from plaintiffs' counsel, representing, inter alia, that defendant has not yet been served, and the certificate of service plaintiffs' counsel filed at Docket 5 was defective. Dkt. 8. The Court thanks plaintiffs' counsel for his prompt response and hereby vacates its prior order to show cause. Per Rule 4 of the Federal Rules of Civil Procedure, plaintiffs have until December 26, 2023 to serve defendant. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/3/2023) (ks)
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Filing 9
ORDER: granting #7 Letter Motion to Substitute Attorney. The Motion is GRANTED; and Eric H. Feiler of Whiteford, Taylor & Preston, L.L.P., and the law film of Whiteford, Taylor & Preston, L.L.P. is permitted to, and is hereby, withdrawn as counsel for Plaintiffs, Ecoer, Inc. and InverterCool, Inc.; John Ye, now with the law firm of Yes PLLC shall remain as counsel for Plaintiffs. (Signed by Judge Paul A. Engelmayer on 11/03/2023) (ama)
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| Filing 8 RESPONSE re: #6 Order,, . Document filed by Ecoer Inc., InverterCool Inc.. (Attachments: #1 Exhibit Order to Show Cause).(Ye, John) |
| Filing 7 LETTER MOTION to Substitute Attorney. Old Attorney: John Ye of Whiteford, Taylor & Preston, L.L.P., New Attorney: John Ye of Yes PLLC addressed to Judge Paul A. Engelmayer from John Ye dated 11/02/2023. Document filed by Ecoer Inc., InverterCool Inc.. (Attachments: #1 Supplement MEMORANDUM IN SUPPORT, #2 Affidavit Feiler Affidavid, #3 Proposed Order Proposed Order).(Ye, John) |
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Filing 6
Vacated as per Judge's Order dated 11/3/2023, Doc. #10 ORDER TO SHOW CAUSE: Accordingly, it is hereby ORDERED that plaintiffs shall show cause by November 14, 2023 why the above-captioned action should not be dismissed for failure to prosecute, pursuant to Rule 41 of the Federal Rules of Civil Procedure. Plaintiffs may show cause by properly submitting a motion for default judgment, pursuant to the Court's Individual Rules, which requires obtaining a certificate of default issued by the Clerk of Court prior to filing a motion for default judgment. Failure to submit a timely and proper motion for default judgment will result in dismissal without prejudice of this case under Rule 41. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/2/2023) (ks) Modified on 11/3/2023 (ks).
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| Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - CERTIFICATE OF SERVICE. Honeywell International Inc. served on 9/27/2023, answer due 10/18/2023. Service was accepted by Rudy Telscher, defendant's attorney. Document filed by Ecoer Inc.; InverterCool Inc...(Ye, John) Modified on 10/4/2023 (kj). As per email request dated 10/4/2023, 11:04 AM - |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Gary Stein. Please note that this is a reassignment of the designation only. (tro) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Cathy Seibel is no longer assigned to the case. (tro) |
| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Philip M. Halpern is no longer assigned to the case. (tro) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Ye. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; Dollar Demand $165,532,000; County code Westchester;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Dollar Demand has been modified to $9,999,000; the County code has been modified to XX Out of State;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Ye. The party information for the following party/parties has been modified: Honeywell International Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo) |
| Magistrate Judge Andrew E. Krause 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by InverterCool Inc...(Ye, John) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ecoer Inc...(Ye, John) |
| Filing 2 CIVIL COVER SHEET filed..(Ye, John) |
| Filing 1 COMPLAINT against Honeywell International Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28344745)Document filed by Ecoer Inc., InverterCool Inc.. (Attachments: #1 Exhibit Exhibit 1 Augst 13 2021 Honeywell Trademark License Agreement with Ecoer (FINAL), #2 Exhibit Exhibit A Face to Face Quarterly Reviews from Honeywell, #3 Exhibit Exhibit B Loris Email to Hua on August 22, 2022, #4 Exhibit Exhibit C Huas Email to Lori on August 29, 2022, #5 Exhibit Exhibit D Loris Request for Evidence to Hua on August 30, 2022, #6 Exhibit Exhibit E Honeywell Shutting Down US Sale on September 1, 2022, #7 Exhibit Exhibit F InverterCool Reply to Honeywell Alleging Bad Faith, #8 Exhibit Exhibit G InverterCool Working with Lori to Salvage the Contract, #9 Exhibit Exhibit H Honeywells Renewed Termination of a Dead Contract, #10 Exhibit Exhibit I InverterCools Reply to Honeywells Renewed Termination to a Dead Contract, #11 Exhibit Exhibit J InverterCools Comparable in Boschs 68% Annual Sale Increase).(Ye, John) |
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