Caraway Home, Inc. v. Sensio Inc.
| Caraway Home, Inc. |
| Sensio Inc. and Sensio Inc. doing business as Made by Gather |
| 1:2023cv09756 |
| November 3, 2023 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Patent |
| 18 U.S.C. § 1341 Patent Infringement |
| Plaintiff |
Docket Report
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| Filing 29 LETTER MOTION for Conference re: #1 Complaint, Letter Motion for Hearing to Dismiss addressed to Judge P. Kevin Castel from Marc E. Miller dated December 27, 2023. Document filed by Sensio Inc.. (Attachments: #1 Exhibit A - European Design Registration No. 006181509-0011, #2 Exhibit B - Chinese Design Registration No. 305284299).(Miller, Marc) |
| Filing 28 NOTICE OF APPEARANCE by Ariel Reinitz on behalf of Caraway Home, Inc...(Reinitz, Ariel) |
Filing 27
MEMO ENDORSEMENT on #17 granting Motion to Vacate #17 MOTION to Vacate Notice of Defendant Sensio Inc.'s Motion to Vacate Certificate of Default Under Federal Rule of Civil Procedure 55.,granting #26 Letter Motion to Adjourn Conference JOINT LETTER MOTION to Adjourn Conference. addressed to Judge P. Kevin Castel dated December 20, 2023. ENDORSEMENT: Motion to vacate certificate of default (ECF 17) is GRANTED. Time for Sensio to respond to the complaint extended to December 27 and letter motion (ECF 26) is GRANTED. January 10 conference adjourned to January 26, 2024 at 10:00 a.m. SO ORDERED. ( Initial Conference set for 1/26/2024 at 10:00 AM before Judge P. Kevin Castel.). (Signed by Judge P. Kevin Castel on 12/20/2023) (ama)
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| Filing 26 JOINT LETTER MOTION to Adjourn Conference addressed to Judge P. Kevin Castel dated December 20, 2023. Document filed by Sensio Inc...(Miller, Marc) |
| Set/Reset Deadlines: Sensio Inc. answer due 12/27/2023. (ama) |
| Filing 25 LETTER addressed to Judge P. Kevin Castel from Andrew D. Bochner dated December 15, 2023 re: Response to Defendants Request for an Adjournment nunc pro tunc of Time to Respond to Complaint. Document filed by Caraway Home, Inc.. (Attachments: #1 Exhibit A).(Bochner, Andrew) |
| Filing 24 DECLARATION of Bryan Miller in Support re: #17 MOTION to Vacate Notice of Defendant Sensio Inc.'s Motion to Vacate Certificate of Default Under Federal Rule of Civil Procedure 55.. Document filed by Sensio Inc.. (Attachments: #1 Exhibit 1 - (11/30/2023 Email)).(Miller, Marc) |
| Filing 23 LETTER MOTION for Extension of Time to File Answer addressed to Judge P. Kevin Castel from Marc E. Miller dated 12/11/2023. Document filed by Sensio Inc...(Miller, Marc) |
| Filing 22 DECLARATION of Marc E. Miller in Support re: #17 MOTION to Vacate Notice of Defendant Sensio Inc.'s Motion to Vacate Certificate of Default Under Federal Rule of Civil Procedure 55.. Document filed by Sensio Inc.. (Attachments: #1 Exhibit B - (12/08/2023 Email)).(Miller, Marc) |
| Filing 21 DECLARATION of Jeffrey Houle in Support re: #17 MOTION to Vacate Notice of Defendant Sensio Inc.'s Motion to Vacate Certificate of Default Under Federal Rule of Civil Procedure 55.. Document filed by Sensio Inc.. (Attachments: #1 Exhibit A - (11/30/2023 Email)).(Miller, Marc) |
| Filing 20 DECLARATION of Alem Thomas in Support re: #17 MOTION to Vacate Notice of Defendant Sensio Inc.'s Motion to Vacate Certificate of Default Under Federal Rule of Civil Procedure 55.. Document filed by Sensio Inc.. (Attachments: #1 Exhibit 1A - (10/31/2022 Letter to Beautiful), #2 Exhibit 1B - (10/31/2022 Letter to Beautiful), #3 Exhibit 1C - (10/31/2022 Letter to Beautiful), #4 Exhibit 2 - (11/21/2022 Reply Letter to Caraway), #5 Exhibit 3 - (11/27/2023 Email), #6 Exhibit 4A - (Service Packet), #7 Exhibit 4B - (Service Packet), #8 Exhibit 4C - (Service Packet)).(Miller, Marc) |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #24) DECLARATION of Bryan Miller in Support re: #17 MOTION to Vacate Notice of Defendant Sensio Inc.'s Motion to Vacate Certificate of Default Under Federal Rule of Civil Procedure 55.. Document filed by Sensio Inc.. (Attachments: #1 Exhibit 1A (10/31/2022 Letter to Beautiful), #2 Exhibit 1B (10/31/2022 Letter to Beautiful), #3 Exhibit 1C (10/31/2022 Letter to Beautiful)).(Miller, Marc) Modified on 12/12/2023 (kj). |
| Filing 18 MEMORANDUM OF LAW in Support re: #17 MOTION to Vacate Notice of Defendant Sensio Inc.'s Motion to Vacate Certificate of Default Under Federal Rule of Civil Procedure 55. . Document filed by Sensio Inc...(Miller, Marc) |
| Filing 17 MOTION to Vacate Notice of Defendant Sensio Inc.'s Motion to Vacate Certificate of Default Under Federal Rule of Civil Procedure 55. Document filed by Sensio Inc.. (Attachments: #1 Proposed Order Proposed Order on Motion to Vacate).(Miller, Marc) |
| Filing 16 NOTICE OF APPEARANCE by Marc Evan Miller on behalf of Sensio Inc...(Miller, Marc) |
| Filing 15 Vacated as per Judge's Order dated 12/20/2023, Doc. #27 CLERK'S CERTIFICATE OF DEFAULT as to Sensio Inc. d/b/a Made by Gather.(nd) Modified on 12/20/2023 (ama). |
| Filing 14 AFFIDAVIT of Andrew D. Bochner re: #13 Proposed Clerk's Certificate of Default . Document filed by Caraway Home, Inc.. (Attachments: #1 Exhibit A).(Bochner, Andrew) |
| Filing 13 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Caraway Home, Inc...(Bochner, Andrew) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/30/2023 (nd). |
| Filing 12 MOTION for Entry of Default as to Sensio Inc. . Document filed by Caraway Home, Inc...(Bochner, Andrew) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Andrew D. Bochner re: #10 Proposed Clerk's Certificate of Default . Document filed by Caraway Home, Inc.. (Attachments: #1 Exhibit A).(Bochner, Andrew) Modified on 11/29/2023 (tp). |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Caraway Home, Inc...(Bochner, Andrew) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/29/2023 (tp). |
| Filing 9 MOTION for Default Judgment as to Defendant Sensio Inc.. Document filed by Caraway Home, Inc.. (Attachments: #1 Affidavit Affidavit, #2 Exhibit A, #3 Proposed Order [Proposed] Clerk's Certificate of Default).(Bochner, Andrew) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Andrew Bochner to RE-FILE Document #11 Affidavit. ERROR(S): the document is associated with a deficient docket entry. (tp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Andrew Bochner. RE-FILE Document No. #10 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not list the name(s) for the party(ies) who accepted service. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (tp) |
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Filing 8
ORDER INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, January 10, 2024 at 11:30 a.m. Principal trial counsel shall appear at this and all subsequent conferences. For initial pretrial conferences, plaintiff(s)' counsel shall, no later than 5 business days before the conference, email a copy of the agreed upon (or disputed) Civil Case Management Plan & Scheduling Order to: castelnysdchambers@nysd.uscourts.gov. The call-in information for all teleconferences is: Dial-in: (888) 363-4749; Access Code: 3667981. SO ORDERED.Telephonic Initial Conference set for 1/10/2024 at 11:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 11/17/2023) (ama)
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| Filing 7 SUMMONS RETURNED EXECUTED. Sensio Inc. served on 11/7/2023, answer due 11/28/2023. Service was accepted by Nancy Dougherty. Document filed by Caraway Home, Inc...(Bochner, Andrew) |
| Filing 6 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)..(gp) |
| Filing 5 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Bochner, Andrew) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Sensio Inc.. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew David Bochner. The party information for the following party/parties has been modified: Sensio Inc. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (vf) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Andrew David Bochner 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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 Sarah Netburn is designated to handle matters that may be referred in this case. 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 Designated ECF. (vf) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to SENSIO INC. D/B/A MADE BY GATHER, re: #1 Complaint,. Document filed by Caraway Home, Inc...(Bochner, Andrew) |
| Filing 2 CIVIL COVER SHEET filed..(Bochner, Andrew) |
| Filing 1 COMPLAINT against Sensio Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28524841)Document filed by Caraway Home, 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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O).(Bochner, Andrew) |
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