Zinganything, LLC, et al. v. Quantum Leap Commerce LLC
| Zinganything, LLC and Brighteye Innovations, LLC |
| Wish.com, Protocol, Quantum Leap Commerce LLC, Booksarefun.com, Lightinthebox, Ohconcept.com and NfusedH2O |
| 5:2016cv00020 |
| January 5, 2016 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Summit |
| Sara Lioi |
| Trademark |
| 15 U.S.C. § 1125 |
| Both |
Docket Report
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| Filing 52 Stipulation & Order of Dismissal: Pursuant to a settlement agreement between the parties, the parties hereby stipulate to a dismissal of all claims and counterclaims between them in this matter, with prejudice. (Related Doc #51 ). Judge Sara Lioi on 12/9/2016. (P,J) |
| Filing 51 Stipulated Notice of Dismissal Under FRCP 41(a)(1) of all claims and counterclaims filed by Brighteye Innovations, LLC, Zinganything, LLC. (Welling, David) |
Filing 50
Order: This case, having been settled by agreement of the parties, is hereby dismissed. Each party shall pay its own costs. Any and all releases, agreements or judgment entries necessary to comply with this settlement shall be executed by the interested parties. A final Agreed Entry, approved by counsel for all parties, shall be filed with the Court for its approval on or before December 8, 2016. The Court retains jurisdiction to resolve disputes concerning the memorialization of the settlement agreement in this matter. This case is hereby closed. Judge Sara Lioi on 11/8/2016. (P,J)
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Filing 49
Order: The stipulated motion to sever defendant Protocol (Doc. No. #48 ) is granted and Protocol is dismissed without prejudice. As a consequence, Protocol's motions to dismiss count II of the amended complaint (Doc. No. #45 ), and for an extension of time to answer the amended complaint (Doc. No. #47 ), are moot, and the Clerk is directed to terminate those motions. This case will proceed only against defendant Quantum Leap Commerce LLC. The Clerk is directed to re-caption this case Zinganything, LLC, et al. v. Quantum Leap Commerce LLC. Finally, the Court takes judicial notice of its docket and observes that plaintiff Zinganything has previously filed actions in this Court containing multiple defendants. If Zinganything files future actions, it is cautioned to comply with the Federal Rules of Civil Procedure regarding the proper joinder of defendants. Failure to do so will result in the dismissal of misjoined defendants, and possibly, the imposition of sanctions. Judge Sara Lioi on 10/13/2016. (P,J)
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| Filing 48 Stipulated Motion to sever Defendant Protocol filed by Defendant Protocol. (Connor, Thomas) |
| Filing 47 Stipulated Motion and Memorandum to extend time to respond to First Amended Complaint until ten days after the Court rules on Protocol's pending motion to dismiss (Doc. No. #45 ) filed by Defendant Protocol. (Connor, Thomas) Modified text on 10/13/2016 (H,KR). |
| Filing 46 Answer to #44 Amended complaint and Counterclaim against all Plaintiffs filed by Quantum Leap Commerce LLC. (Attachments: #1 Exhibit Demand Letter)(Hollin, James) Modified text on 10/13/2016 (H,KR). |
| Filing 45 Renewed Motion to dismiss count II for lack of standing filed by Defendant Protocol. Related document(s) #44 . (Attachments: #1 Exhibit 502 Plaintiff Local Rule 3.2 Document Production, #2 Exhibit 503 - Copy of the Assignment Records for '116 Patent)(Connor, Thomas) Modified text on 10/11/2016 (H,KR). |
| Filing 44 First Amended complaint against Quantum Leap Commerce LLC, and against Protocol and adding new party plaintiff(s) Brighteye Innovations, LLC. Filed by Zinganything, LLC. (Attachments: #1 Exhibit 1 ('402 patent), #2 Exhibit 2 ('116 patent), #3 Exhibit 3 ('433 mark), #4 Exhibit 4 ('831 mark), #5 Exhibit 5 (TX 7-765-274 copyright)) (Welling, David) |
| Filing 43 Memorandum Opinion: For all of the forgoing reasons, plaintiff's motions to amend (Doc. Nos. #31 , #42 ) and Protocol's motion to add a counterclaim (Doc. No. #38 ) are granted, and defendants' motions to dismiss (Doc. Nos. #9 , #34 ) are denied without prejudice. Plaintiff shall have leave until 9/30/2016 to file the first amended complaint. Defendants shall have leave until 10/14/2016 to file an answer or otherwise respond to the first amended complaint. Judge Sara Lioi on 9/22/2016. (S,He) |
| Filing 42 Motion for leave to file first amended complaint filed by Plaintiff Zinganything, LLC. Related document(s) #41 . (Attachments: #1 Exhibit proposed First Amended Complaint ("FAC"), #2 Exhibit 1 to FAC, #3 Exhibit 2 to FAC, #4 Exhibit 3 to FAC, #5 Exhibit 4 to FAC, #6 Exhibit 5 to FAC)(Welling, David) Modified text to match document and removed duplicate exhibit on 9/13/2016 (H,KR). |
| Filing 41 Response to #34 Motion to dismiss claim no. II of the Complaint without prejudice pursuant to Fed. R. Civ. P. 12(b)(1) filed by Zinganything, LLC. (Attachments: #1 Affidavit Declaration of Joshua A. Lefkovitz)(Welling, David) |
| Filing 40 Reply Memorandum to #38 Motion for leave to add a Counterclaim and Memorandum in Support filed by Protocol. (Connor, Thomas) Modified text on 9/6/2016 (H,KR). |
| Filing 39 Response to #38 Motion for leave to add a Counterclaim and Memorandum in Support filed by Zinganything, LLC. (Welling, David) Modified text on 9/6/2016 (H,KR). |
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Order [non-document] granting plaintiff's motion for an extension of time until September 12, 2016, to file a memorandum in opposition to defendant Protocol's motion to dismiss. (Doc. No. #37 .) Judge Sara Lioi on 9/6/2016.(P,J)
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| Filing 38 Motion for leave to add a Counterclaim and Memorandum in Support filed by Defendant Protocol. (Attachments: #1 Exhibit Counter-Claim of Defendant Protocol)(Schneider, Mark) Modified text on 9/6/2016 (H,KR). |
| Filing 37 Motion for extension of time until 9/12/2016 to file memorandum in opposition to #34 Motion to dismiss claim no. II of the Complaint without prejudice pursuant to Fed. R. Civ. P. 12(b)(1) filed by Plaintiff Zinganything, LLC. (Welling, David) Modified text on 9/1/2016 (H,KR). |
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Filing 36
Order of Dismissal of Party: The Court construes Doc. No. #35 as a joint motion pursuant to Fed. R. Civ. P. 21 to dismiss defendant Ohconcept.com with prejudice, and the same is granted. Judge Sara Lioi on 8/29/2016. (P,J)
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| Filing 35 Stipulation of Dismissal with Prejudice Under FRCP 41(a)(1) as to Defendant Ohconcept.com filed by Zinganything, LLC. (Welling, David) Modified text on 8/25/2016 (H,KR). |
| Filing 34 Motion to dismiss claim no. II of the Complaint without prejudice pursuant to Fed. R. Civ. P. 12(b)(1), filed by Defendant Protocol. (Attachments: #1 Brief in Support Brief in Support of Motion, #2 Exhibit 500 - Welling Email, #3 Exhibit 501 Patent Title Abstract, #4 Exhibit 502 Plaintiff Initial Document Production)(Schneider, Mark) Modified text on 8/3/2016 (H,KR). |
| Filing 33 Report (unsigned) of Parties' Planning Meeting, parties do not consent to this case being assigned to the magistrate judge, filed by Zinganything, LLC. (Welling, David) Modified text to match document and added that document was not signed on 9/15/2016 (H,KR). |
| Filing 32 Reply to #31 Response to #9 Motion to dismiss for lack of jurisdiction and Response to #31 Motion for leave to file amended complaint filed by NfusedH2O. (Attachments: #1 Brief in Support Memorandum in Support of nFusedH2O Reply)(Hollin, James) Modified text and added links on 6/27/2016 (H,KR). |
| Filing 31 Response to #9 Motion to dismiss for lack of jurisdiction, and Motion for leave to file amended complaint re-naming party, filed by Zinganything, LLC. (Attachments: #1 Exhibit Answers to Interrogatories)(Welling, David) Added motion for leave to amend complaint on 6/21/2016 (P,G). |
| Filing 30 Return of Service by Clerk unexecuted upon Lightinthebox. Service attempted by certified mail returned by USPS. Service attempted on 1/22/16, 4/20/16, and 4/30/16. Filed on behalf of Zinganything, LLC. Related document(s) #2 . (S,HR) |
| Filing 29 Response to #21 Motion to dismiss certain claims against Defendant Protocol Count 4 (copyright counterfeiting) filed by Protocol. (Schneider, Mark) |
| Filing 28 Response to #20 Motion to dismiss certain claims against defendant Protocol, Count 1 (patent infringement of the '402 patent), and Count 5 (trademark infringement of the '433 and '831 trademarks), without prejudice filed by Protocol. (Schneider, Mark) |
| Filing 27 Motion for attorney Mark Daniel Schneider to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7606911, filed by Defendant Protocol. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing)(Connor, Thomas) |
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Order [non-document] granting motion for appearance pro hac vice by attorney Mark D. Schneider for Protocol. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #27 ). Judge Sara Lioi on 5/5/2016.(P,J)
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Filing 26
Order: Before the Court are plaintiff's motions to dismiss counts 1 and 4 against defendant Protocol without prejudice. (Doc. Nos. #20 and #21 .) Rule 21 provides that: "On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party." Accordingly, plaintiff's motions are granted. Counts 1 and 4 against defendant Protocol are dismissed without prejudice. Judge Sara Lioi on 4/26/2016.(P,J)
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Filing 25
Order of Dismissal: Before the Court is the Plaintiff's Motion to Dismiss Defendant Wish.com without Prejudice pursuant to Rule 21 of the Federal Rules of Civil Procedure. (Doc. No. #24 .) Rule 21 provides that: "On motion or on its own, the court may at any time, on just terms, add or drop a party." Accordingly, plaintiffs motion is granted. Defendant Wish.com is hereby dismissed from this action without prejudice. Judge Sara Lioi on 4/26/2016. (P,J)
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| Filing 24 Motion to dismiss party Wish.com, without prejudice, filed by Plaintiff Zinganything, LLC. (Welling, David) |
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Filing 23
Order of Dismissal: Before the Court is the Plaintiff's Motion to Dismiss Defendant Lightinthebox without Prejudice pursuant to Rule 21 of the Federal Rules of Civil Procedure. (Doc. No. #22 .) Rule 21 provides that: "On motion or on its own, the court may at any time, on just terms, add or drop a party." Accordingly, plaintiff's motion is granted. Defendant Lightinthebox is hereby dismissed from this action without prejudice. Judge Sara Lioi on 4/22/2016. (P,J)
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| Filing 22 Motion to dismiss party Lightinthebox, without prejudice, filed by Plaintiff Zinganything, LLC. Related document(s) #19 . (Welling, David) |
| Filing 21 Motion to dismiss certain claims against Defendant Protocol Count 4 (copyright counterfeiting) filed by Plaintiff Zinganything, LLC. (Welling, David) Modified text on 4/19/2016 (H,KR). |
| Filing 20 Motion to dismiss certain claims against defendant Protocol, Count 1 (patent infringement of the '402 patent), and Count 5 (trademark infringement of the '433 and '831 trademarks), without prejudice filed by Plaintiff Zinganything, LLC. (Welling, David) Modified text on 4/19/2016 (H,KR). |
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Filing 19
Order to Show Cause: Plaintiff is ordered to show cause in writing by April 22, 2016, why this action should not be dismissed without prejudice against defendant Lightinthebox for failure to perfect timely service in accordance with Rule 4(m). Plaintiff is ordered to submit an appropriate motion, affidavit, request for entry of default, and proposed order for default judgment by April 22, 2016, or show cause why defendant Wish.com should not be dismissed for want of prosecution. If plaintiff fails to respond to this Order, defendant Wish.com will be dismissed from this action for want of prosecution. Judge Sara Lioi on 4/6/2016. (P,J)
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Order [non-document] granting plaintiff's motion to conduct limited discovery with respect to the issues raised in the motion to dismiss of defendant NFusedH2O. (Doc. No. #18 .) Any such discovery should be conducted within forty-five (45) days, and plaintiff is granted leave until June 15, 2016 to respond to the motion to dismiss. Judge Sara Lioi on 4/6/2016.(P,J)
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| Filing 18 Second Motion for extension of time until 15 days following discovery to respond to #9 Motion to dismiss for lack of jurisdiction and Motion to permit limited, expedited discovery on issues relating to #9 Motion to dismiss for lack of jurisdiction filed by Plaintiff Zinganything, LLC. (Attachments: #1 Affidavit Declaration of David A. Welling, #2 Exhibit nFused H2O amazon.com exhibit)(Welling, David) Modified text on 4/5/2016 (H,KR). |
| Filing 17 Answer to #1 Complaint with Jury Demand filed by Protocol. (Connor, Thomas) Modified text on 3/22/2016 (H,KR). |
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Order [non-document] granting plaintiff's motion for an extension of time to respond to defendant NFused H2O's motion to dismiss until April 4, 2016. (Doc. No. #16 .) Judge Sara Lioi on 3/17/2016.(P,J)
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| Filing 16 Motion for extension of time until 4/4/2016 to file response/reply to #9 Motion to dismiss for lack of jurisdiction filed by Plaintiff Zinganything, LLC. Related document(s) #9 . (Welling, David) |
| Filing 15 Notice of Dismissal Under FRCP 41(a)(1)(A)(i) of Claims 3, 4, 5, 6, and 7 as against Defendant Ohconcept.com filed by Zinganything, LLC. (Welling, David) Modified text on 3/16/2016 (H,KR). |
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Order [non-document] granting the stipulated motion for an extension of time for defendant Ohconcept.com to answer or otherwise respond to plaintiff's complaint until April 11, 2016. (Doc. No. #14 .) Judge Sara Lioi on 3/14/2016.(P,J)
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| Filing 14 Stipulated Motion for extension of time until 4/11/2016 to answer for Defendant ohconcept.com filed by Plaintiff Zinganything, LLC. (Welling, David) |
| Filing 13 Motion for attorney James T. Hollin, Jr. to appear Pro Hac Vice on behalf of NfusedH2O. Filing fee $ 120.00, Receipt No. 54660005844. Attachment: Certificate of Good Standing (S,HR) Modified exhibit text on 3/8/2016 (G,CA). |
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Filing 12
Order of Dismissal: Before the Court is the Plaintiff's Motion to Dismiss Defendant Booksarefun.com with Prejudice pursuant to Rule 21 of the Federal Rules of Civil Procedure. (Doc. No. #10 .) Plaintiff's motion to dismiss Booksarefun.com with prejudice is made pursuant to a settlement agreement between the parties. (Id.). Rule 21 of the Federal Rules of Civil Procedure provides that: "On motion or on its own, the court may at any time, on just terms, add or drop a party." Accordingly, plaintiffs motion to dismiss defendant Booksarefun.com with prejudice, each party to bear their own costs and attorneys fees, is granted. Defendant Booksarefun.com is hereby dismissed from this action with prejudice. Judge Sara Lioi on 3/8/2016. (P,J)
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Order [non-document] granting the parties' joint motion for an extension of time for defendant Protocol to answer or otherwise respond to plaintiff's complaint until March 21, 2016. (Doc. No. #11 .) Judge Sara Lioi on 3/8/2016.(P,J)
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Order [non-document] granting motion for appearance pro hac vice by attorney James Hollin, Jr. as counsel for defendant NFusedH20. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #13 ). Judge Sara Lioi on 3/8/2016.(P,J)
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| Filing 11 Joint Motion to extend time until 3/21/2016 to answer, move or otherwise plead (for Protocol) filed by Plaintiff Zinganything, LLC. (Attachments: #1 Proposed Order)(Welling, David) Modified text on 3/9/2016 (H,KR). |
| Filing 10 Motion to dismiss party booksarefun.com with prejudice filed by Plaintiff Zinganything, LLC. (Welling, David) Modified text on 3/7/2016 (H,KR). |
| Notice to Attorney James T. Hollin, Jr. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #9 . (G,CA) |
| Filing 9 Motion to dismiss for lack of jurisdiction filed by Defendant NfusedH2O. Related document(s) #1 . (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss, #2 Affidavit of Jason Gandy)(H,KR) |
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Order [non-document] granting the unopposed motion for an extension of time until March 7, 2016, for defendant booksarefun.com to answer or otherwise respond to plaintiff's complaint. (Doc. No. #8 .) Judge Sara Lioi on 2/5/2016.(P,J)
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| Filing 8 Unopposed Motion for extension of time until 3/7/2016 for Defendant Booksarefun.com to respond to the complaint filed by Plaintiff Zinganything, LLC. (Welling, David) Modified text on 2/8/2016 (H,KR). |
| Filing 7 Joint Motion to extend time to answer, move or otherwise plead until 3/7/2016 (for Defendant Protocol) filed by Plaintiff Zinganything, LLC. (Welling, David) Modified text on 2/4/2016 (H,KR). |
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Order [non-document] granting the parties' joint motion for an extension of time until March 7, 2016, for defendant Protocol to answer or otherwise respond to plaintiff's complaint. (Doc. No. 7.) Judge Sara Lioi on 2/3/2016.(P,J)
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| Filing 6 Return of Service by Clerk by certified mail executed upon Ohconcept.com on 1/20/2016, filed on behalf of Zinganything, LLC. Related document(s) #2 . (S,HR) |
| Filing 5 Return of Service by Clerk by certified mail executed upon Wish.com, no date of service indicated on green card, filed on behalf of Zinganything, LLC. Related document(s) #2 . (S,HR) |
| Filing 4 Return of Service by Clerk by certified mail executed upon Booksarefun.com and NfusedH2O, no date of service indicated on green cards, filed on behalf of Zinganything, LLC. Related document(s) #2 . (S,HR) |
| Service by Clerk. Summons and Complaint addressed to Booksarefun.com (receipt #7014 3490 0000 7478 9209), Lightinthebox (receipt #7014 3490 0000 7478 9216), NfusedH2O (receipt #7014 1820 0002 1931 8892), Ohconcept.com (receipt #7014 1820 0002 1931 8908), Protocol (receipt #7014 1820 0002 1931 8915), Wish.com (receipt #7014 1820 0002 1931 8922) placed in U.S. Mail. Type of service: certified mail. (M,TL) |
| Filing 3 Initial Standing Order. Judge Sara Lioi on 1/6/2016. (P,J) |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Booksarefun.com, Lightinthebox, NfusedH2O, Ohconcept.com, Protocol, Wish.com. (Attachments: #1 Magistrate Consent Form) (P,G) |
| Judge Sara Lioi assigned to case. (P,G) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (P,G) |
| Filing 1 Complaint with jury demand for Counterfeiting, Patent Infringement, Trademark Infringement, Copyright Infringement, and Unfair Competition against All Defendants. Filing fee paid $ 400, Receipt number 0647-7423330. Filed by Zinganything, LLC. (Attachments: #1 Exhibit 1 ('402 patent), #2 Exhibit 2 ('116 patent), #3 Exhibit 3 ('433 trademark), #4 Exhibit 4 ('831 trademark), #5 Exhibit 5 (copyright registration), #6 Exhibit 6 (Wish.com offer for sale), #7 Exhibit 7 (Protocol Cold Fushion sold thru Kohl's), #8 Civil Cover Sheet, #9 Summons Booksarefun.com, #10 Summons Lightinthebox, #11 Summons NFusedH2O, #12 Summons Ohconcept.com, #13 Summons Protocol, #14 Summons Wish.com) (Welling, David) |
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