Noco Company v. CTEK, Inc., et al.
Noco Company |
CTEK, Inc., CTEK Power Inc. and CTEK Sweden AB |
1:2019cv00853 |
April 16, 2019 |
U.S. District Court for the Northern District of Ohio |
Donald C Nugent |
Other Statutory Actions |
Plaintiff |
Docket Report
This docket was last retrieved on February 18, 2020. A more recent docket listing may be available from PACER.
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Filing 69 Reply in support of #39 Motion to dismiss Second Amended Complaint filed by All Defendants. (Covey, Trevor) |
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Filing 68 Motion for leave to exceed page limitations in Their Reply in Support of Motion to Dismiss Plaintiff's Second Amended Complaint filed by CTEK Sweden AB, CTEK, Inc.. Related document(s) #64 . (Attachments: #1 Proposed Order Proposed Order)(Covey, Trevor) |
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IMPORTANT: Notice [non-document] of Status Conference RESET for 2/3/2020 at 10:30 AM in Chambers 15A before Judge Donald C. Nugent. (S,SR) |
Filing 67 Marginal Entry Order granting Defendants #66 Unopposed Motion for extension of time until January 20, 2020 to file response/reply re #39 Motion to dismiss Second Amended Complaint. Judge Donald C. Nugent on 12/23/2019. (M,S) |
Filing 66 Unopposed Motion for extension of time until January 20, 2020 to file response/reply to #39 Motion to dismiss Second Amended Complaint filed by CTEK Sweden AB, CTEK, Inc. Related document(s) #39 . (Covey, Trevor) |
Filing 65 Opposition to #39 Motion to dismiss Second Amended Complaint filed by Noco Company. (Attachments: #1 Exhibit 1-USA Admissions, #2 Exhibit 2-Sweden Admissions, #3 Exhibit 3-Uppsala Thesis, #4 Exhibit 4-PowerSports Business Article, #5 Exhibit 5-Motor Trend Article, #6 Exhibit 6-Ohio Registration, #7 Exhibit 7-Sealed Document, #8 Exhibit 8-Sealed Document, #9 Exhibit 9-Sealed Document, #10 Exhibit 10-Leno Program Demonstrative, #11 Exhibit 11-Sealed Document, #12 Exhibit 12-Sealed Document, #13 Exhibit 13-Sealed Document)(Konicki, Justine) |
Filing 64 SEALED Document: Opposition to Defendants' Combined Motion to Dismiss filed by Noco Company. (Related document(s) #60 , #31 , #39 ). (Attachments: #1 Exhibit 1-CTEK USA Admissions, #2 Exhibit 2-CTEK Sweden Admissions, #3 Exhibit 3-Uppsala Thesis, #4 Exhibit 4-PowerSports Business Article, #5 Exhibit 5-Motor Trend Article, #6 Exhibit 6-Ohio Registration, #7 Exhibit 7-Ohio Sales Invoices, #8 Exhibit 8-CTEK USA Interrogatories, #9 Exhibit 9-CTEK Sweden Interrogatories, #10 Exhibit 10-Leno Program Demonstrative, #11 Exhibit 11-Loan Agreement, #12 Exhibit 12-Service Agreement, #13 Exhibit 13-Distribution Agreement) (Konicki, Justine) |
Filing 63 SEALED Document:Deposition Transcript filed by Noco Company. Related document(s) #60 , #31 . (Attachments: #1 Exhibit 1-Reseller Agreement, #2 Exhibit 2-AMN Article, #3 Exhibit 3-CTEK Organization Chart, #4 Exhibit 4-Services Agreement, #5 Exhibit 5-CEC Press Release, #6 Exhibit 6-CEC Settlement Agreement, #7 Exhibit 7-Judgment Lien, #8 Exhibit 8-Facebook Screenshot, #9 Exhibit 9-Instagram Screenshot, #10 Exhibit 10-Battery Sense App Store Screenshot, #11 Exhibit 11-Battery Sense Play Store Screenshot, #12 Exhibit 12-FCC Authorization, #13 Exhibit 13-MURS 7.0 Article, #14 Exhibit 14-MULTI US 3300 Manual, #15 Exhibit 15-WiTricity Press Release, #16 Exhibit 16-Jay Leno's Garage Screenshot, #17 Exhibit 17-RideAPart Article, #18 Exhibit 18-CTEK Trademarks, #19 Exhibit 19-CTEK Relocation Article, #20 Exhibit 20-Bills of Lading, #21 Exhibit 21-Ohio Sales Summary, #22 Exhibit 22-Pirelli Press Release, #23 Exhibit 23-MUS 4.3 Polar Manual, #24 Exhibit 24-Employee LinkedIn Profile, #25 Exhibit 25-Sales and Marketing Manger Job Posting, #26 Exhibit 26-D&S Press Release, #27 Exhibit 27-CTEK Integrity Policy, #28 Exhibit 28-Email Exchange, #29 Exhibit 29-CTEK 2019 Annual Report)(Konicki, Justine) |
Filing 62 Deposition of Jon Lind taken on November 4, 2019 filed by Noco Company. Related document(s) #60 , #31 . (Attachments: #1 Exhibit Redacted Deposition Transcript, #2 Exhibit 1-Reseller Agreement, #3 Exhibit 2-AMN Article, #4 Exhibit 3-CTEK Organization Chart, #5 Exhibit 4-Sealed Document, #6 Exhibit 5-CEC Press Release, #7 Exhibit 6-CEC Settlement Agreement, #8 Exhibit 7-Judgment Lien, #9 Exhibit 8-Facebook Screenshot, #10 Exhibit 9-Instagram Screenshot, #11 Exhibit 10-Battery Sense App Store Screenshot, #12 Exhibit 11-Battery Sense Play Store Screenshot, #13 Exhibit 12-FCC Authorization, #14 Exhibit 13-MURS 7.0 Press Release, #15 Exhibit 14-MULTI US 3300 Manual, #16 Exhibit 15-WiTricity Press Release, #17 Exhibit 16-Jay Leno's Garage Screenshot, #18 Exhibit 17-RideAPart Article, #19 Exhibit 18-CTEK Trademarks, #20 Exhibit 19-CTEK Relocation Article, #21 Exhibit 20-Bills of Lading, #22 Exhibit 21-Sealed Document, #23 Exhibit 22-Pirelli Press Release, #24 Exhibit 23-MUS 4.3 Polar Manual, #25 Exhibit 24-Employee LinkedIn Profile, #26 Exhibit 25-Sales and Marketing Manager Job Posting, #27 Exhibit 26-D&S Press Release, #28 Exhibit 27-CTEK Integrity Policy, #29 Exhibit 28-Email Exchange, #30 Exhibit 29-Sealed Document)(Konicki, Justine) |
Filing 61 Waiver of Service Returned Executed by Noco Company. CTEK Sweden AB waiver sent on 6/13/2019, answer due 8/12/2019 filed on behalf of Noco Company (Konicki, Justine) |
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Filing 59 Motion for leave to File Document Under Seal filed by Plaintiff Noco Company. Related document(s) #31 . (Attachments: #1 Proposed Order)(Konicki, Justine) |
Filing 58 Reply in support of #56 Motion to compel production of documents filed by Noco Company. (Konicki, Justine) |
Filing 57 Opposition to #56 Motion to compel discovery filed by CTEK Sweden AB, CTEK, Inc. (Covey, Trevor) |
Filing 56 Motion to compel production of documents filed by Plaintiff Noco Company. (Attachments: #1 Brief in Support Memorandum in Support of Plaintiff's Motion to Compel Production of Documents, #2 Exhibit A - Relevant Portions of Lind Deposition Transcript, #3 Exhibit B - Konicki Discovery Letter 11-8-2019, #4 Exhibit C - Covey Discovery Letter 11-15-2019, #5 Exhibit D - Konicki Discovery Letter 11-19-2019, #6 Exhibit E - Covey Discovery Letter 11-22-2019)(Konicki, Justine) |
Filing 55 Marginal Entry Order denying Plaintiff's #53 Motion for extension of time to file Motion to Compel until December 5, 2019. Judge Donald C. Nugent on 11/21/2019. (M,S) |
Filing 54 Opposition to #53 Motion for extension of time to file Motion to Compel until December 5, 2019 filed by CTEK Power Inc., CTEK Sweden AB, CTEK, Inc.. (Covey, Trevor) |
Filing 53 Motion for extension of time to file Motion to Compel until December 5, 2019 filed by Plaintiff Noco Company. (Attachments: #1 Exhibit A - November 8, 2019 Discovery Letter, #2 Exhibit B - November 15, 2019 Discovery Letter)(Konicki, Justine) |
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Filing 50 Sur-Reply to Plaintiff's Three Motions to Compel #33 Motion to Determine the Sufficiency of Defendants' Responses to Requests for Admission, #34 Motion to compel Attendance at Deposition, #35 Motion to compel discovery responses filed by All Defendants. (Covey, Trevor) |
Filing 49 SEALED Document: Exhibit 3 to Reply Memorandum in Support of Plaintiff's Motion to Compel filed by Noco Company. (Related document(s) #44 , #48 ) (Konicki, Justine) |
Filing 48 Reply in support of #33 Motion to Determine the Sufficiency of Defendants' Responses to Requests for Admission, #34 Motion to compel Attendance at Deposition, #35 and Motion to compel discovery responses filed by Noco Company. (Attachments: #1 Exhibit 1 - Chart Demonstrating Factual Inaccuracies in CTEK's Opposition, #2 Exhibit 2 - Chart Demonstrating the Discovery Requests are Factually Supported, Relevant and Appropriate Discovery)(Konicki, Justine) |
Filing 47 Minutes of proceedings before Judge Donald C. Nugent. Status Conference held on 9/5/2019 with all counsel present. There is a pending Motion to Compel filed by Plaintiff. Plaintiff to file Reply by 9/6/2019; Sur-Reply due by 9/13/2019 and Court to then rule. (Court Reporter: None.) Time: 20 minutes. Related document(s) #35 , #34 . (M,S) |
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Filing 46 Marginal Entry Order granting Plaintiff's Motion to exceed page limitations (Related Doc #41 ). Judge Donald C. Nugent on 8/28/2019.(M,S) |
Filing 45 Marginal Entry Order granting Plaintiff's #43 Motion for extension of time until September 6, 2019 to Reply to Defendants' Combined Opposition to Plaintiff's Motions to Compel. Judge Donald C. Nugent on 8/28/2019. (M,S) |
Filing 44 Marginal Entry Order granting Plaintiff's Motion for leave to File Document Under Seal (Related Doc #42 ). Judge Donald C. Nugent on 8/28/2019. (M,S) |
Filing 43 Motion for extension of time of 7 days until September 6, 2019 to Reply to Defendants' Combined Opposition to Plaintiff's Motions to Compel filed by Plaintiff Noco Company. Related document(s) #40 . (Konicki, Justine) |
Filing 42 Motion for leave to File Document Under Seal filed by Plaintiff Noco Company. Related document(s) #31 . (Konicki, Justine) |
Filing 41 Motion for leave to exceed page limitations in Opposing Defendants' Motion to Dismiss filed by Plaintiff Noco Company. (Konicki, Justine) |
Filing 40 Opposition to #34 Motion to compel Attendance at Deposition, #33 Motion to Determine the Sufficiency of Defendants' Responses to Requests for Admission, #35 Motion to compel discovery responses filed by CTEK Sweden AB, CTEK, Inc.. (Attachments: #1 Exhibit A - Email between counsel, #2 Exhibit B - Deposition Notices, #3 Exhibit C - Email from T. Covey, #4 Exhibit D - Email from J. Konicki, #5 Exhibit E - NOCO Correspondence, #6 Exhibit F - Amended Notice of Deposition, #7 Exhibit G - Amended Notice of Deposition, #8 Exhibit H - 7/23/19 Correspondence, #9 Exhibit I - 7/23/19 Correspondence, #10 Exhibit J - Amended Responses, #11 Exhibit K - Amended Responses, #12 Exhibit L - 7/26/19 Correspondence, #13 Exhibit M - Second Amended Notice, #14 Exhibit N - 7/29/19 Correspondence, #15 Exhibit O - 7/30/19 Correspondence)(Covey, Trevor) |
Filing 39 Motion to dismiss Second Amended Complaint filed by CTEK Sweden AB, CTEK, Inc. Related document(s) #33 . (Attachments: #1 Exhibit A - Declaration of Lars Svensson, #2 Exhibit B - Declaration of Barbara Dumelle)(Covey, Trevor) |
Filing 38 Marginal Entry Order granting Defendants' #37 Motion for extension of time until August 23, 2019 to And for Leave to Exceed Page Limit (1) file opposition to Plaintiff's three motions to compel and (2) file renewed Motion to Dismiss Plaintiff's Second Amended Complaint. Judge Donald C. Nugent on 8/9/2019.(M,S) |
Filing 37 Motion for extension of time until August 23, 2019 to And for Leave to Exceed Page Limit (1) file opposition to Plaintiff's three motions to compel and (2) file renewed Motion to Dimiss Plaintiff's Second Amended Complaint filed by CTEK Sweden AB, CTEK, Inc.. Related document(s) #33 , #34 , #32 , #35 . (Attachments: #1 Proposed Order Proposed Order)(Covey, Trevor) |
Filing 35 Motion to compel discovery responses filed by Plaintiff Noco Company. Related document(s) #29 . (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Discovery Requests, #3 Exhibit 2 - Original Responses, #4 Exhibit 3 - July 3 Deficiency Letter, #5 Exhibit 4 - Amended Responses, #6 Exhibit 5 - July 29 Deficiency Letter, #7 Exhibit 6 - July 30 Email Chain)(Konicki, Justine) |
Filing 34 Motion to compel Attendance at Deposition filed by Plaintiff Noco Company. Related document(s) #29 . (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Objections, #3 Exhibit 2 - July 17 Letter, #4 Exhibit 3 - July 23 Letter, #5 Exhibit 4 - July 26 Letter, #6 Exhibit 5 - July 30 Letter)(Konicki, Justine) Modified text on 8/9/2019 (S,SR). |
Filing 33 Motion to Determine the Sufficiency of Defendants' Responses to Requests for Admission filed by Plaintiff Noco Company. Related document(s) #29 . (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Original Responses to Admissions, #3 Exhibit 2 - July 3 Deficiency Letter, #4 Exhibit 3 - Amended Responses to Admissions, #5 Exhibit 4 - July 29 Deficiency Letter, #6 Exhibit 5 - July 30 Email Chain)(Konicki, Justine) Modified text on 8/9/2019 (S,SR). |
Filing 36 Notice of Manual Filing of exhibit 1 (DVD) to Second Amended Complaint re #32 filed by Noco Company. (Related document(s) #32 ). (H,SP) |
Filing 32 Second Amended complaint against All Defendants. Filed by Noco Company. (Attachments: #1 Exhibit 1 - Notice of Manual Filing of Video, #2 Exhibit 2 - CTEK Photos) (Pinney, Jon) |
Filing 31 Stipulated Protective Order regarding confidential documents. Judge Donald C. Nugent on 7/24/2019. (M,S) |
Filing 30 Marginal Entry Order granting Joint Motion for protective order (Related Doc #28 ). Judge Donald C. Nugent on 7/24/2019. (M,S) |
Filing 29 Minutes of proceedings before Judge Donald C. Nugent. Status Conference held on 7/24/2019. There is appending Motion to Dismiss. In order for the Plaintiff to respond to the Motion to Dismiss, Plaintiff needs to conduct limited discovery as to issue of jurisdiction. There appears to be a substantial disagreement whether discovery requests are being complied with by the parties. Plaintiff granted leave to file a Second Amended Complaint. Such filing to be on or before 8/1/2019, if necessary. Plaintiff to file a Motion to Compel by 8/2/2019; Response due 8/14/2019; Reply, if any, due 8/21/2019. Status Conference set for 9/5/2019 at 09:00 AM in Chambers 15A before Judge Donald C. Nugent. (Court Reporter: None.) Time: 30 minutes. (M,S) |
Filing 28 Joint Motion for protective order filed by CTEK Power Inc., CTEK Sweden AB, CTEK, Inc.. (Attachments: #1 Exhibit A - Stipulated Protective Order)(Covey, Trevor) |
Filing 27 Motion to dismiss for failure to state a claim filed by CTEK Sweden AB, CTEK, Inc.. Related document(s) #22 . (Attachments: #1 Brief in Support, #2 Exhibit A - Declaration of Lars Svensson, #3 Exhibit B - Declaration of Barbara Demelle)(Covey, Trevor) |
Filing 26 Marginal Entry Order granting Defendants' Motion to exceed page limitations (Related Doc #25 ). Judge Donald C. Nugent on 7/8/2019.(S,SR) |
Filing 25 Motion for leave to exceed page limitations filed by CTEK Sweden AB, CTEK, Inc.. (Attachments: #1 Proposed Order)(Covey, Trevor) |
Filing 24 Marginal Entry Order granting Defendants' #23 Consent Motion for extension of time until July 10, 2019 to Answer. CTEK Sweden AB answer due 7/10/2019; CTEK, Inc. answer due 7/10/2019. Judge Donald C. Nugent on 6/14/2019. (M,S) |
Filing 23 Consent Motion for extension of time until July 10, 2019 to answer Move, or Otherwise Plead in Response to Plaintiff's Amended Complaint filed by CTEK Sweden AB, CTEK, Inc.. Related document(s) #22 . (Covey, Trevor) |
Filing 22 Amended complaint (verified) against All Defendants. Filed by Noco Company. (Pinney, Jon) |
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Filing 20 Marginal Entry Order granting Motion for International Jurisdictional Discovery (Related Doc #17 ). Judge Donald C. Nugent on 5/29/2019.(M,S) |
Filing 19 Minutes of proceedings before Judge Donald C. Nugent. Status Conference held on 5/29/2019. Plaintiff to file an Amended Complaint on or before 6/12/2019; Answer due according to the civil rules. Defendant may well file a Motion to Dismiss and not an Answer. Plaintiff also may then want to engage in discovery on the issue of jurisdiction. Next Status Conference set for 7/24/2019 at 09:00 AM in Chambers 15A before Judge Donald C. Nugent. (Court Reporter: None.) Time: 30 minutes. (M,S) |
Filing 18 Opposition to #17 Motion for International Jurisdictional Discovery filed by CTEK Sweden AB, CTEK, Inc.. (Covey, Trevor) |
Filing 17 Motion for International Jurisdictional Discovery filed by Plaintiff Noco Company. (Attachments: #1 Exhibit A - Letter of Request)(Konicki, Justine) |
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Filing 16 Response to #15 Motion for conference/hearing filed by All Defendants. (Covey, Trevor) |
Filing 15 Motion for status conference filed by Plaintiff Noco Company. (Attachments: #1 Exhibit A - Proposed Order)(Konicki, Justine) |
Filing 14 Temporary Restraining Order. Judge Donald C. Nugent on 5/7/2019. (M,S) |
Filing 13 Proposed Temporary Restraining Order and Proposed Briefing Schedule filed by Noco Company. Related document(s) #10 . (Konicki, Justine) |
Filing 12 Corporate Disclosure Statement filed by CTEK, Inc.. (Covey, Trevor) |
Filing 11 Return of Service by Clerk by certified mail executed upon CTEK, Inc., filed on behalf of Noco Company Related document(s) #1 . (L,Ja) |
Filing 10 Minutes of proceedings before Judge Donald C. Nugent of Status Conference held on 4/29/19. Counsel working toward an agreed order and recommended briefing schedule and will contact the Court on or before 5/1/19. Time: 10 mins. (R,JM) |
Filing 9 Minutes of proceedings before Judge Donald C. Nugent of Status Conference held on 4/24/19. Counsel working toward resolution. Next Status Conference is set for 4/29/2019 at 11:00 AM in Chambers 15A before Judge Donald C. Nugent. Time: 20 min. (R,JM) |
Filing 8 Return of Service by Clerk by certified mail executed upon CTEK Power Inc. on 4/22/2019; CTEK, Inc. on 4/22/2019, filed on behalf of Noco Company Related document(s) #3 . (S,KM) |
Filing 7 Minutes of proceedings before Judge Donald C. Nugent. Status Conference held on 4/19/2019 on Plaintiff's application for temporary restraining order. There is an issue on personal jurisdiction that parties wish to brief. Counsel to work on trying to come to an agreement on temporary restraining order and briefing schedule. Status Conference re-set for 4/24/2019 at 01:30 PM in Chambers 15A before Judge Donald C. Nugent. (Court Reporter: None.) Time: 35 minutes. Related document(s) #4 . (M,S) |
Filing 6 Notice of Special Appearance by Trevor G. Covey and Nora K. Cook filed by on behalf of All Defendants. (Covey, Trevor) Modified text on 4/19/2019 (S,SR). |
Filing 5 Return of Service by personal service executed upon CTEK, Inc. on 4/18/2019, filed on behalf of Noco Company (Konicki, Justine) |
IMPORTANT: Notice (non-document) of Time change. The Status Conference set for 4/19/2019 will be held at 10:30 AM in Chambers 15A before Judge Donald C. Nugent. Plaintiff shall notify defendant. (R,JM) |
Filing 4 Motion for temporary restraining order and Motion for preliminary injunction with memorandum in support filed by Plaintiff Noco Company. (Attachments: #1 Proposed Order)(Pinney, Jon). Modified to add motion event on 4/17/2019 (S,SR). |
Filing 3 Original Summons and Magistrate Consent Form issued for service upon CTEK Power Inc., CTEK Sweden AB, CTEK, Inc., for Naperville, Illinois address and Twinsburg, Ohio address. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Magistrate Consent Form) (Y,A) |
Service by Clerk. Summons and Complaint addressed to CTEK Power Inc. Receipt # 70111570000182094619, CTEK, Inc. Receipt # 70111570000182094602 (OH) and 70111570000182094428 (IL) placed in U.S. Mail. Type of service: certified mail. (S,SR) |
IMPORTANT: Notice (non-document) of Status Conference set for 4/19/2019 at 9:00 AM in Chambers 15A before Judge Donald C. Nugent. Plaintiff shall be sure to notify Defendant. (R,JM) |
Judge Donald C. Nugent assigned to case, (Y,A) |
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (Y,A) |
Filing 2 Corporate Disclosure Statement filed by Noco Company. (Pinney, Jon) |
Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $400. Receipt number 0647-9259645. Filed by Noco Company. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons) (Pinney, Jon) |
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