Carvana, LLC v. International Business Machines Corporation
| Carvana, LLC |
| International Business Machines Corporation |
| 7:2023cv08616 |
| September 29, 2023 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Patent |
| 28 U.S.C. § 2201 dj Declaratory Judgment |
| Plaintiff |
Docket Report
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Filing 30
ORDER FOR ADMISSION PRO HAC VICE OF MARC S. SEGAL granting #29 MOTION for Marc S. Segal to Appear Pro Hac Vice. The motion of Marc S. Segal ("Applicant") for admission to practice Pro Hac Vice in the above-captioned action is granted. (Signed by Judge Kenneth M. Karas on 10/11/2023) (jca)
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| Filing 29 MOTION for Marc S. Segal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28401870. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carvana, LLC. (Attachments: #1 Affidavit of Marc Segal, #2 Exhibit - Pennsylvania Certificate of Good Standing, #3 Proposed Order Proposed Order).(Segal, Marc) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Marc S. Segal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28401870. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
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Filing 28
ORDER FOR ADMISSION PRO HAC VICE OF ANDREW HENSLEY granting #14 Motion for Andrew Hensley to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 10/6/2023) (rro)
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Filing 27
ORDER FOR ADMISSION PRO HAC VICE OF CARLY M. GUBERNICK: granting #25 Motion for Carly M. Gubernick to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 10/06/2023) (ama)
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Filing 26
ORDER FOR ADMISSION PRO HAC VICE OF CHITTAM U. THAKORE: granting #24 Motion for Chittam U. Thakore to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 10/06/2023) (ama)
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| Filing 25 MOTION for Carly M. Gubernick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28387186. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carvana, LLC. (Attachments: #1 Affidavit of Carly M. Gubernick, #2 Exhibit - Pennsylvania Certificate of Good Standing, #3 Proposed Order Proposed Order).(Gubernick, Carly) |
| Filing 24 MOTION for Chittam U. Thakore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28387065. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carvana, LLC. (Attachments: #1 Affidavit of Chittam Thakore, #2 Exhibit - Georgia Certificate of Good Standing, #3 Proposed Order Proposed Order).(Thakore, Chittam) |
| Filing 23 WAIVER OF SERVICE RETURNED EXECUTED. International Business Machines Corporation waiver sent on 10/3/2023, answer due 12/4/2023. Document filed by Carvana, LLC..(Stein, Wendy) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Carly M. Gubernick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28387186. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Chittam U. Thakore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28387065. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
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Filing 22
MEMO ENDORSEMENT on re: #19 Letter Defendant's Consent to Motion Filed at ECF No. 11 filed by Carvana, LLC. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 10/4/23) (yv)
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Filing 21
ORDER FOR ADMISSION PRO HAC VICE OF BRIAN W. LACORTE granting #13 Motion for Brian W. LaCorte to Appear Pro Hac Vice. The motion of Brian W. LaCorte ("Applicant") 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 Kenneth M. Karas on 10/4/23) (yv) Modified on 10/4/2023 (yv).
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Filing 20
ORDER FOR ADMISSION PRO HAC VICE OF JONATHON A. TALCOTT granting #18 Motion to Appear Pro Hac Vice. The motion of Jonathon A. Talcott ("Applicant") for admission to practice Pro Hac Vice in the above-captioned action is granted. As further set forth by this Order. (Signed by Judge Kenneth M. Karas on 10/4/2023) (tg)
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| Filing 19 LETTER addressed to Judge Kenneth M. Karas from Wendy R. Stein dated October 4, 2023 re: Defendant's Consent to Motion Filed at ECF No. 11. Document filed by Carvana, LLC..(Stein, Wendy) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Jonathon A. Talcott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28376939. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
| Filing 18 MOTION for Jonathon A. Talcott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28376939. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carvana, LLC. (Attachments: #1 Affidavit Affidavit of Jonathon A. Talcott, #2 Exhibit Exhibit - Arizona Good Standing, #3 Proposed Order Proposed Order).(Talcott, Jonathon) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Business Machines Corporation..(Packin, Tamir) |
| Filing 16 OBJECTION TO STATEMENT OF RELATEDNESS . Document filed by International Business Machines Corporation..(Packin, Tamir) |
| Filing 15 NOTICE OF APPEARANCE by Tamir Packin on behalf of International Business Machines Corporation..(Packin, Tamir) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Wendy Risa Stein re: Document No. #12 Complaint,. The filing is deficient for the following reason(s): Court's leave has not been granted.. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pc) |
| Magistrate Judge Victoria Reznik is so redesignated. (laq) |
| Pro Hac Vice Fee Payment: for #14 MOTION for Andrew Hensley to Appear Pro Hac Vice , Filing fee $200.00 paid, receipt number ANYSDC-28361932. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-28372539..(Hensley, Andrew) |
| NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Sidney H. Stein is no longer assigned to the case. (laq) |
| Pro Hac Vice Fee Due: for #14 MOTION for Andrew Hensley to Appear Pro Hac Vice , Filing fee $200.00 paid, receipt number ANYSDC-28361932. Motion and supporting papers to be reviewed by Clerk's Office staff. (va) |
| ***DELETED NOTICE. Deleted NOTICE REGARDING PRO HAC VICE MOTION. The notice was incorrectly filed in this case. (va) |
| Filing 14 MOTION for Andrew Hensley to Appear Pro Hac Vice , Filing fee $200.00 paid, receipt number ANYSDC-28361932. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carvana, LLC. (Attachments: #1 Affidavit Affidavit of Andrew Hensley, #2 Exhibit Exhibit - Arizona Good Standing, #3 Proposed Order Proposed Order).(Hensley, Andrew) Modified on 10/3/2023 (va). Modified on 10/4/2023 (va). |
| Filing 13 MOTION for Brian W. LaCorte to Appear Pro Hac Vice , Filing fee $200.00 paid, receipt number ANYSDC-28361962. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carvana, LLC. (Attachments: #1 Affidavit Affidavit of Brian W. LaCorte, #2 Exhibit Exhibit - Arizona Good Standing, #3 Proposed Order Proposed Order).(LaCorte, Brian) |
| Filing 12 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE -COMPLAINT against International Business Machines Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-28366363)Document filed by Carvana, LLC..(Stein, Wendy) Modified on 10/3/2023 (pc). |
| Filing 11 LETTER MOTION to Seal ECF No. 1 addressed to Judge Sidney H. Stein from Wendy Stein dated 10/03/2023. Document filed by Carvana, LLC..(Stein, Wendy) |
| Filing 10 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 9 ELECTRONIC SUMMONS ISSUED as to International Business Machines Corporation. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Wendy Risa Stein. The following case opening statistical information was erroneously selected/entered: Other Court Name USDC Souther District of New York,; Other Court Number 1:21-cv-1319 (JSR); Cause of Action code 28:1331dj Fed. Question: Declaratory Judgment; County code Albany;. The following correction(s) have been made to your case entry: the Other Court Name has been modified to Removed; the Other Court Number has been modified to Removed; the Cause of Action code has been modified to 28:2201dj Declaratory Judgment; the County code has been modified to XX Out of State. (vf) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #8 MOTION for Brian W. LaCorte to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28361962. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): the motion was not signed sufficiently - INK SIGNATURE REQUIRED. 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. (va) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #7 MOTION for Andrew Hensley to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28361932. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): the motion was not signed sufficiently - INK SIGNATURE REQUIRED. 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. (va) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Sidney H. Stein. 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) |
| Magistrate Judge Stewart D. Aaron 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) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Brian W. LaCorte to Appear Pro Hac Vice , Filing fee $200.00 paid, receipt number ANYSDC-28361962. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PATENT FORM. Notice to Attorney Wendy Risa Stein re: Document No. #6 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the Docket Number field on the AO 120 Patent/Trademark form was not completed by the attorney. Do not re-file the form. The Court has corrected the deficiency/deficiencies. (vf) |
| Case Designated ECF. (vf) |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brian W. LaCorte to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28361962. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carvana, LLC. (Attachments: #1 Affidavit Affidavit in Support, #2 Supplement Certificate of Good Standing, #3 Proposed Order Proposed Order).(Stein, Wendy) Modified on 10/2/2023 (va). |
| Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Andrew Hensley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28361932. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carvana, LLC. (Attachments: #1 Affidavit Affidavit in Support, #2 Supplement Certificate of Good Standing, #3 Proposed Order Proposed Order).(Stein, Wendy) Modified on 10/2/2023 (va). |
| Filing 6 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Stein, Wendy) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to International Business Machines Corporation, re: #1 Complaint,. Document filed by Carvana, LLC..(Stein, Wendy) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Carvana Co., Other Affiliate Carvana Operations HC, LLC for Carvana, LLC. Document filed by Carvana, LLC..(Stein, Wendy) |
| Filing 3 RELATED CASE AFFIRMATION of Wendy Stein re: that this action be filed as related to 21-cv-1319 (JSR). Document filed by Carvana, LLC..(Stein, Wendy) |
| Filing 2 CIVIL COVER SHEET filed..(Stein, Wendy) |
| Filing 1 COMPLAINT against International Business Machines Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-28361662)Document filed by Carvana, LLC. (Attachments: #1 Exhibit Exhibit A - 849 Patent, #2 Exhibit Exhibit B - 234 Patent, #3 Exhibit Exhibit C - 346 Patent, #4 Exhibit Exhibit D - August 21, 2023).(Stein, Wendy) |
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