Labor Saving Systems Ltd. v. Does 1-79
| LABOR SAVING SYSTEMS LTD d/b/a Magnepull, and Labor Saving Systems Ltd. doing business as Magnepull |
| Harbor Freight Tools USA, Inc., Harbor Freight Tools USA Inc, Doe 3 4:21-cv-1389, Doe #17 4:21-CV-1389, Doe #18 4:21-CV-1389, Doe #31 4:21-CV-1389, Doe #1 4:21-cv-1389, Doe #76 4:21-cv-1389, Doe #77 4:21-cv-1389, Doe #79 4:21-cv-1389, Doe #80 4:21-cv-1389, Doe #24 4:21-cv-01389, Doe #27 4:21-cv-1389, Doe #33 4:21-cv-1389, Doe #36 4:21-cv-1389, Doe #6 4:21-cv-1389, Doe #7 4:21-cv-1389, Doe #10 4:21-cv-1389, Doe #12 4:21-cv-1389 and Doe #26 4:21-CV-1389 |
| Does 1-79 |
| 4:2021cv01389 |
| December 30, 2021 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Property Rights: Patent |
| 15 U.S.C. § 1126 Patent Infringement |
| None |
Docket Report
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This docket was last retrieved on September 7, 2023. A more recent docket listing may be available from PACER.
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Filing 39
ELECTRONIC ORDER finding as moot #35 Motion for Order to Show Cause. (Ordered by Judge Reed C. O'Connor on 7/18/2022) (chmb)
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| Filing 38 NOTICE of Withdraw of Motion to Show Cause re: #37 Order Referring Motion, #35 MOTION for Order to Show Cause filed by Labor Saving Systems Ltd. (Norred, Warren) |
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Filing 37
ORDER MOTION #35 for Order to Show Cause Motion(s) referred to Magistrate Judge Jeffrey L. Cureton. (Ordered by Judge Reed C. O'Connor on 6/29/2022) (jgg)
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Filing 36
ORDER granting #34 ...Before the Court is Plaintiffs Motion to Extend Time to Serve Alibaba Does (ECF No. #34 ), filed June 28, 2022. For the reasons that follow, and having considered the Motion, briefing, and applicable law, the Court find the Motion should be, and is GRANTED. (Ordered by Judge Reed C. O'Connor on 6/29/2022) (wxc)
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| Filing 35 MOTION for Order to Show Cause filed by Labor Saving Systems Ltd. with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Proposed Order) (Norred, Warren) |
| Filing 34 MOTION to Extend Time time to serve Alibaba Does filed by Labor Saving Systems Ltd. with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Proposed Order) (Norred, Warren) |
| Filing 33 STATUS REPORT Regarding Service filed by Labor Saving Systems Ltd.. (Norred, Warren) |
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Filing 32
ORDER: Before the Court is an action brought by Plaintiff Labor Savings Systems Ltd. against Defendants Does 1-79. On December 31, 2021, Plaintiff filed its complaint. ECF No. #1 . If a defendant is not served within 90 days after the complaint is filed, the Court must dismiss the action without prejudice or order proof of service. Fed. R. Civ. P. 4(m). Accordingly, the Court ORDERS Plaintiff to provide proof of service in accordance with Rule 4, or this Court's previous rulings, on or before June 15, 2022. If service was proper and defendants failed to appear, Plaintiff may file for default judgment. (Ordered by Judge Reed C. O'Connor on 6/9/2022) (sre)
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| Filing 31 NOTICE of Dismissal of Defendant Doe 26 filed by Labor Saving Systems Ltd. (Norred, Warren) |
| Filing 30 NOTICE of Dismissal of Defendant Doe 21 filed by Labor Saving Systems Ltd. (Norred, Warren) |
| Filing 29 NOTICE of Dismissal of Defendants Does 6, 7, 10, and 12 filed by Labor Saving Systems Ltd. (Norred, Warren) |
| Filing 28 NOTICE of Dismissal Defendant Doe 34 filed by Labor Saving Systems Ltd. (Norred, Warren) |
| Filing 27 NOTICE of Dismissal of Defendants Does 33 and 36 filed by Labor Saving Systems Ltd. (Norred, Warren) |
| Filing 26 NOTICE of Dismissal of Defendants Does 28 and 29 filed by Labor Saving Systems Ltd. (Norred, Warren) |
| Filing 25 NOTICE of Dismissal of Defendant Doe 27 filed by Labor Saving Systems Ltd. (Norred, Warren) |
| Filing 24 NOTICE of Dismissal of Defendant Doe 24 filed by Labor Saving Systems Ltd. (Norred, Warren) |
| Filing 23 NOTICE of Dismissal of Defendants Does 76, 77, 79, and 80 filed by Labor Saving Systems Ltd. (Norred, Warren) |
| Filing 22 NOTICE of Dismissal of Defendant Doe 1 filed by Labor Saving Systems Ltd. (Norred, Warren) |
| Filing 21 NOTICE of Dismissal of Does 18, 17, and 31 filed by Labor Saving Systems Ltd. (Norred, Warren) |
| Filing 20 NOTICE of Dismissal of Defendant Doe 3 filed by Labor Saving Systems Ltd. (Norred, Warren) |
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Filing 19
ORDER: Before the Court is Plaintiff's Motion to Amend and Extend Temporary Restraining Order (ECF No. #18 ), filed February 16, 2022. On February 2, 2022, the Court granted Plaintiff's Motion for Temporary Restraining Order (ECF No. #2 ) ("TRO Motion") and entered a temporary restraining order (TRO). ECF No. #17 . The TRO remained in effect for 14 days. Id. Having considered the Motion, the Court finds it should be GRANTED in part. The Court finds good cause exists to extend the TRO, see Rule 65(b)(2), and finds that the requested extension should be and is hereby GRANTED. The Court EXTENDS the TRO until March 2, 2022. The requested amendment to the TRO has previously been made. See ECF No. #17 -1. The Court encourages the parties to check the record prior to filing motions requesting amendments. Thus, the Court finds the requested amendment is MOOT. (Ordered by Judge Reed C. O'Connor on 2/17/2022) (sre)
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| Filing 18 MOTION to Amend/Correct #17 Order, , MOTION to Extend Time Temporary Restraining Order() filed by Labor Saving Systems Ltd. (Attachments: #1 Proposed Order Granting Motion to Amend and Extend TRO) (Norred, Warren) |
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Filing 17
ORDER: This Temporary Restraining Order without notice is entered at 12:00 p.m. on this 2nd day of February, 2022 and shall remain in effect for 14 days unless, before expiration of 14 days, Plaintiff moves for an extension and demonstrates good cause. (Ordered by Judge Reed C. O'Connor on 2/2/2022) (sre) (Additional attachment(s) added on 2/11/2022: #1 Exhibit(s)) (sre).
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Filing 16
ORDER: Before the Court is Plaintiff's Response and Objection to The Findings, Conclusions, And Recommendation of The United States Magistrate Judge (ECF No. #15 ), filed January 24, 2022. The Court finds the objection is timely filed. The Court WITHDRAWS its previous Order (ECF No. #14 ). The objections will be considered. Further, before the Court is Plaintiff's Motion to Amend Caption (ECF No. #13 ), filed January 21, 2022. The Court finds this Motion should be GRANTED and the case caption amended to reflect dismissal of Harbor Freight Tools USA, Inc. from the case. (Ordered by Judge Reed C. O'Connor on 1/26/2022) (sre)
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| Filing 15 RESPONSE AND OBJECTION filed by Labor Saving Systems Ltd. re: #11 Findings and Recommendations on Motion re: #8 Motion for TRO, filed by Labor Saving Systems Ltd.., #14 Order Accepting/Adopting Findings and Recommendations,,, Terminate Motions,, (Attachments: #1 Proposed Order Proposed TRO) (Norred, Warren) |
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Filing 14
***WITHDRAWN PER #16 ORDER*** ORDER: The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case (ECF No. #11 ), issued on January 10, 2021. No objections were filed, and the Magistrate Judges Recommendation is ripe for review. The District Judge reviewed the proposed Findings, Conclusions, and Recommendation for plain error. Finding none, the undersigned District Judge believes that the Findings and Conclusions of the Magistrate Judge are correct, and they are accepted as the Findings and Conclusions of the Court. Accordingly, the Court GRANTS Plaintiff's Amended Motion (ECF No. #8 ), filed January 5, 2022. (Ordered by Judge Reed C. O'Connor on 1/24/2022) (sre) Modified on 1/26/2022 (sre).
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| Filing 13 MOTION to Amend/Correct Caption filed by Labor Saving Systems Ltd. (Attachments: #1 Proposed Order) (Norred, Warren) |
| Filing 12 NOTICE of Dismissal of Defendant Harbor Freight Tools USA, Inc. filed by Labor Saving Systems Ltd. (Norred, Warren) |
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Filing 11
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AS TO PLAINTIFF'S AMENDED EX PARTE MOTION #8 FOR ENTRY OF {1) A TEMPORARY RESTRAINING ORDER, (2) ASSET RESTRAINING ORDER, (3) EXPEDITED DISCOVERY ORDER, AND (4) SERVICE OF PROCESS BY EMAIL: Under 28 U.S.C. 636, it is hereby ORDERED that Plaintiff is granted until January 24, 2022 to serve and file written objections to the United States Magistrate Judge's proposed findings, conclusions and recommendation. (Ordered by Magistrate Judge Jeffrey L. Cureton on 1/10/2022) (sre)
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ELECTRONIC ORDER Cancelling 1/11/22 Hearing on Plaintiff's Ex Parte Motion for Entry of (1) A Temporary Restraining Order, (2) Asset Restraining Order, (3) Expedited Discovery Order, and (4) Service of Process by Email. Written order to follow regarding Plaintiff's pending motion. (Ordered by Magistrate Judge Jeffrey L. Cureton on 1/10/2022) (chmb)
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| Filing 10 Appendix in Support filed by Labor Saving Systems Ltd. re #8 Amended MOTION for Temporary Restraining Order (including a Rule 65 statement in Exh. 5 of App'x), #1 Complaint,,,,, (Norred, Warren) |
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Filing 9
ELECTRONIC ORDER: Motion Hearing set for 1/11/2022 01:15 PM in US Courthouse, Courtroom 508, 501 W. 10th St., Fort Worth, TX 76102-3673 before Magistrate Judge Jeffrey L. Cureton. re: #8 Amended MOTION for Temporary Restraining Order, Asset Restraining Order, Expedited Discovery Order, and Service of Process by Email (Ordered by Magistrate Judge Jeffrey L. Cureton on 1/6/2022) (chmb)
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| Filing 8 Amended MOTION for Temporary Restraining Order (including a Rule 65 statement in Exh. 5 of App'x) (Counsel does not intend for this document to be Ex Parte) filed by Labor Saving Systems Ltd. with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Proposed Order, #3 Exhibit to Proposed Order) (Norred, Warren) Docket text modified on 1/6/2022 (twd). |
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Filing 7
ORDER: It is ORDERED that Plaintiff, no later than 4:30 p.m. on Wednesday, January 5, 2022, comply with Rule 65(b)(l). Failure to comply with this order may result in the denial of the requested relief. (Ordered by Magistrate Judge Jeffrey L. Cureton on 1/3/2022) (sre)
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| Filing 5 Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (sre) |
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Filing 6
ORDER: Before the Court is Plaintiff's Ex Parte Motion For, And Memorandum in Support of, Entry of A (1) Temporary Restraining Order, (2) Asset Restraining Order, (3) Expedited Discovery Order, and (4) Service of Process by Email (ECF No. #2 ) filed January 1, 2021. The Court hereby REFERS, Plaintiff's Motion and all related responses, replies, briefs in support, and appendices, etc., to United States Magistrate Judge Cureton for hearing, if necessary, and determination or recommendation to this Court. See 28 U.S.C. 636(b)(1). Further pleadings concerning this motion shall be filed with a transmittal letter addressed to Magistrate Judge Cureton so copies may be sent directly to him without delay. (Ordered by Judge Reed C. O'Connor on 1/2/2022) (sre)
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| Filing 3 Appendix in Support filed by LABOR SAVING SYSTEMS LTD d/b/a Magnepull, re #2 MOTION for Temporary Restraining Order , #1 Complaint,,,,, (Norred, Warren) |
| Filing 2 MOTION for Temporary Restraining Order (Counsel does not intend for this document to be Ex Parte) filed by LABOR SAVING SYSTEMS LTD d/b/a Magnepull, with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Norred, Warren) Docket text modified on 1/6/2022 (twd). |
| Filing 4 New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (sre) |
| Filing 1 COMPLAINT against Does 1-79, Harbor Freight Tools USA, Inc. filed by LABOR SAVING SYSTEMS LTD d/b/a Magnepull,. (Filing fee $402; Receipt number 0539-12489756) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s), #2 Declaration(s), #3 Declaration(s), #4 Exhibit(s), #5 Declaration(s), #6 Exhibit(s)) (Norred, Warren) |
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