MacNeil Automotive Products Limited v. Yita LLC et al
| MacNeil Automotive Products Limited |
| LED Kingdomus and Yita LLC |
| 2:2020cv00278 |
| February 21, 2020 |
| US District Court for the Western District of Washington |
| Thomas S Zilly |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 3, 2023. A more recent docket listing may be available from PACER.
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| Filing 46 LETTER from Clerk to counsel re receipt of case from District of Northern District of Illinois and advising of WAWD case number and judge assignment. (SG) |
| Filing 45 Case transferred in from District of Illinois Northern, Case Number 1:19-cv-02514. |
| U.S. District Judge John C Coughenour added. (SG) Modified on 2/24/2020 (SG). Clerical error. Entered in error. |
| Judge Thomas S. Zilly added. (SG) |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff(s), Defendant(s) must file a Corporate Disclosure Statement by 3/2/2020. (SG) |
| Filing 44 TRANSFERRED to the U.S.D.C. Western District of Washington the electronic record. (pk, ) [Transferred from ilnd on 2/24/2020.] |
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Filing 43
TRANSCRIPT OF PROCEEDINGS held on 2/5/2020 before the Honorable Sharon Johnson Coleman. Order Number: 37751. Court Reporter Contact Information: TRACEY D. McCULLOUGH, 312-435-5570, tracey_mccullough@ilnd.uscourts.gov. |
| Filing 42 ENTERED JUDGMENT/ ORDER granting parties' motion to transfer venue. Mailed notice(pk, ) [Transferred from ilnd on 2/24/2020.] Modified on 2/24/2020 corrected document title (CDA). |
Filing 41
ORDER The Court grants the parties' motions to transfer venue to the Western District of Washington as agreed upon and proper under 28 U.S.C. 1400(b). [18, 36]. The Court, in its discretion, denies the parties' motions for sanctions, denies defendant's recently-filed motion to dismiss as moot, and denies plaintiff's motion to strike as moot. #36 . Civil case terminated. Signed by the Honorable Sharon Johnson Coleman on 2/7/2020. Mailed notice(pk, ) [Transferred from ilnd on 2/24/2020.]
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| Filing 40 RESPONSE by Yita, LLCin Opposition to MOTION by Plaintiffs MacNeil Automotive Products Limited, MacNeil IP LLC to strike notice of motion #35 Motion to Dismiss #34 MOTION by Plaintiffs MacNeil Automotive Products Limited, MacNeil IP LLC to transfer case to the Western District of WashingtonMOTION by Plaintiffs MacNeil Automotive Products Limited, MacNeil IP LLC for attorney fees pursuant to 28 U.S.C. 1927 #36 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Sugar, Bryan) [Transferred from ilnd on 2/24/2020.] |
| Filing 39 SUPPLEMENT to motion to strike,, motion to transfer case,, motion for attorney fees, #36 (Attachments: #1 Exhibit Exhibits 1-3)(Schaum, Timothy) [Transferred from ilnd on 2/24/2020.] |
| Filing 38 MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 2/5/2020. After hearing brief oral argument on plaintiffs' motion to strike, motion to transfer, and motion for attorney fees pursuant to 28 U.S.C. 1927 #36 , the Court takes the matter under advisement. Oral Argument set for 2/26/2020 is stricken. Mailed notice. (ym, ) [Transferred from ilnd on 2/24/2020.] |
| Filing 37 NOTICE of Motion by Timothy M Schaum for presentment of motion to strike,, motion to transfer case,, motion for attorney fees, #36 before Honorable Sharon Johnson Coleman on 2/5/2020 at 08:45 AM. (Schaum, Timothy) [Transferred from ilnd on 2/24/2020.] |
| Filing 36 MOTION by Plaintiffs MacNeil Automotive Products Limited, MacNeil IP LLC to strike notice of motion #35 Motion to Dismiss #34 , MOTION by Plaintiffs MacNeil Automotive Products Limited, MacNeil IP LLC to transfer case to the Western District of Washington, MOTION by Plaintiffs MacNeil Automotive Products Limited, MacNeil IP LLC for attorney fees pursuant to 28 U.S.C. 1927 (Attachments: #1 Exhibit Exhibits 1-4)(Schaum, Timothy) [Transferred from ilnd on 2/24/2020.] |
| Filing 35 NOTICE of Motion by Bryan Paul Sugar for presentment of motion to dismiss #34 before Honorable Sharon Johnson Coleman on 2/5/2020 at 08:45 AM. (Sugar, Bryan) [Transferred from ilnd on 2/24/2020.] |
| Filing 34 MEMORANDUM in support of defendant Yita LLC's motion to dismiss plaintiff's first amended complaint by Defendant Yita, LLC to dismiss PLAINTIFFS' FIRST AMENDED COMPLAINT (Sugar, Bryan)(Docket Text Modified by Clerk's Office) Modified on 2/3/2020 (pk, ). [Transferred from ilnd on 2/24/2020.] |
| Filing 33 MINUTE entry before the Honorable Sharon Johnson Coleman: Attorney William W. Mauke III's motion for leave to appear pro hac vice #17 is granted. Mailed notice. (ym, ) [Transferred from ilnd on 2/24/2020.] |
| Filing 32 FIRST AMENDED complaint by MacNeil Automotive Products Limited, MacNeil IP LLC against Yita, LLC and terminating LED Kingdomus (a Chinese Company) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibits 2-3, #3 Exhibit Exhibit 4)(Grabemann, Robert) [Transferred from ilnd on 2/24/2020.] |
| Filing 31 MINUTE entry before the Honorable Sharon Johnson Coleman: Settlement conference held on 12/9/2019. Parties did not reach a settlement. Plaintiff's response to defendant Yita LLC's motion to dismiss or transfer venue #18 to be filed by 1/17/2020. Defendant's reply to be filed by 1/31/2020. Oral Argument is scheduled for 2/26/2020 at 1:30 PM. Mailed notice. (ym, ) [Transferred from ilnd on 2/24/2020.] |
| Filing 30 MINUTE entry before the Honorable Sharon Johnson Coleman: The parties have contacted the Court and confirmed a date for the settlement conference. Settlement Conference is set for 12/9/2019 at 11:00 AM. Mailed notice. (ym, ) [Transferred from ilnd on 2/24/2020.] |
| Filing 29 MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 10/29/2019. Plaintiff's joint motion for settlement conference #26 is granted. The Court is available on 11/8/2019, 12/9/2019 and 12/10/2019 at 11:00 AM to schedule a settlement conference. Parties are to confer and contact the courtroom deputy to confirm and schedule the settlement conference. Mailed notice. (ym, ) [Transferred from ilnd on 2/24/2020.] |
| Filing 28 MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing set for 10/21/2019 is stricken and reset to 10/29/2019 at 8:45 AM. Mailed notice. (ym, ) [Transferred from ilnd on 2/24/2020.] |
| Filing 27 NOTICE of Motion by Robert S. Grabemann for presentment of motion for settlement #26 before Honorable Sharon Johnson Coleman on 10/29/2019 at 08:45 AM. (Grabemann, Robert) [Transferred from ilnd on 2/24/2020.] |
| Filing 26 MOTION by Plaintiff MacNeil Automotive Products Limited for settlement JOINT MOTION FOR SCHEDULING A SETTLEMENT CONFERENCE (Grabemann, Robert) [Transferred from ilnd on 2/24/2020.] |
| Filing 25 STATUS Report JOINT STATUS REPORT by MacNeil Automotive Products Limited (Grabemann, Robert) [Transferred from ilnd on 2/24/2020.] |
| Filing 24 MINUTE entry before the Honorable Sharon Johnson Coleman: The Court having entered a briefing schedule on defendant Yita's motion to dismiss #18 , no appearance necessary on 9/10/2019. Mailed notice. (ym, ) [Transferred from ilnd on 2/24/2020.] |
| Filing 23 MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 9/6/2019. Defendant Yita, LLC will file a motion to dismiss by the close of business today. Plaintiff's response to the motion to be filed by 10/4/2019. Defendant's reply to be filed by 10/18/2019. Once the matter is fully briefed, the Court shall take it under advisement. Status hearing is set for 10/21/2019 at 9:00 AM as to the remaining defendant. Mailed notice. (ym, ) [Transferred from ilnd on 2/24/2020.] |
| Filing 22 NOTICE of Correction regarding MOTION by Defendant Yita, LLC to dismiss - Memorandum of Law in Support of Motion to Dismiss filed earlier #19 .(smm, ) [Transferred from ilnd on 2/24/2020.] |
| Filing 21 MEMORANDUM by Yita, LLC in support of motion to dismiss #18 (Attachments: #1 Declaration of Cherry Tao in Support of Motion to Dismiss)(Sugar, Bryan) [Transferred from ilnd on 2/24/2020.] |
| Filing 20 NOTICE of Motion by Bryan Paul Sugar for presentment of motion to dismiss #18 , motion to dismiss #19 before Honorable Sharon Johnson Coleman on 9/10/2019 at 08:45 AM. (Sugar, Bryan) [Transferred from ilnd on 2/24/2020.] |
| Filing 19 ENTERED in Error. (Sugar, Bryan) Modified on 9/6/2019 (smm, ). [Transferred from ilnd on 2/24/2020.] |
| Filing 18 MOTION by Defendant Yita, LLC to dismiss or Transfer Venue, filed by (Sugar, Bryan) [Transferred from ilnd on 2/24/2020.] |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16204318. (Mauke, William) [Transferred from ilnd on 2/24/2020.] |
| Filing 16 ATTORNEY Appearance for Defendant Yita, LLC by Bryan Paul Sugar (Sugar, Bryan) [Transferred from ilnd on 2/24/2020.] |
| Filing 15 MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 8/12/2019. Defendant Yita, LLC's unopposed motion for extension of time to answer or otherwise plead #14 is granted. Responsive pleadings to be filed by 9/6/2019. Status hearing is set for 9/6/2019 at 9:00 AM. Mailed notice. (ym, ) [Transferred from ilnd on 2/24/2020.] |
| Filing 14 MOTION by Defendant Yita, LLC for extension of time to respond to complaint (Emanuel, Robert) [Transferred from ilnd on 2/24/2020.] |
| Filing 13 ATTORNEY Appearance for Defendant Yita, LLC by Robert Jerald Emanuel (Emanuel, Robert) [Transferred from ilnd on 2/24/2020.] |
| SUMMONS Issued as to Defendant Yita, LLC (ec, ) [Transferred from ilnd on 2/24/2020.] |
| Filing 12 MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 6/13/2019. Plaintiff's oral motion for an extension of time to serve defendant is granted. Service on defendant to be completed by 8/12/2019. Status hearing is set for 8/12/2019 at 9:00 AM. Mailed notice. (ym, ) [Transferred from ilnd on 2/24/2020.] |
| Filing 11 STATUS Report MACNEIL'S NEW CASE STATUS REPORT by MacNeil Automotive Products Limited (Grabemann, Robert) [Transferred from ilnd on 2/24/2020.] |
| Filing 10 MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman and is set for a status hearing on 6/13/2019 at 9:00 AM. The parties are reminded to review the timelines set out in this Court's Standing Order Regarding the Mandatory Initial Discovery Pilot Project. The parties are directed to meet and discuss the status of the case. The parties are to file a joint status report in the format described on the court's website at www.ilnd.uscourts.gov at least 3 business days prior to the status. The parties are directed to discuss settlement, and whether they consent to proceed before the Magistrate Judge. The Court encourages the parties to review this court's website for its standing orders prior to contacting chambers. Mailed notice. (ym, ) [Transferred from ilnd on 2/24/2020.] |
| Filing 9 EMAILED to plaintiff(s) counsel Lanham Mediation Program materials. (nsf, ) [Transferred from ilnd on 2/24/2020.] |
| Filing 8 EMAILED Patent report to Patent Trademark Office, Alexandria VA (nsf, ) [Transferred from ilnd on 2/24/2020.] |
| Filing 7 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (nsf, ) [Transferred from ilnd on 2/24/2020.] |
| CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (jjr, ) [Transferred from ilnd on 2/24/2020.] |
| Filing 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by MacNeil Automotive Products Limited d/b/a WeatherTech (Grabemann, Robert) [Transferred from ilnd on 2/24/2020.] |
| Filing 5 Local Rule 3.4 Notice of Patents and Trademarks in Suit by MacNeil Automotive Products Limited d/b/a WeatherTech (Grabemann, Robert) [Transferred from ilnd on 2/24/2020.] |
| Filing 4 ATTORNEY Appearance for Plaintiff MacNeil Automotive Products Limited d/b/a WeatherTech by Timothy M Schaum (Schaum, Timothy) [Transferred from ilnd on 2/24/2020.] |
| Filing 3 ATTORNEY Appearance for Plaintiff MacNeil Automotive Products Limited d/b/a WeatherTech by Robert S. Grabemann (Grabemann, Robert) [Transferred from ilnd on 2/24/2020.] |
| Filing 2 CIVIL Cover Sheet (Grabemann, Robert) [Transferred from ilnd on 2/24/2020.] |
| Filing 1 COMPLAINT filed by MacNeil Automotive Products Limited d/b/a WeatherTech; Jury Demand. Filing fee $ 400, receipt number 0752-15713999. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibits 2-3)(Grabemann, Robert) [Transferred from ilnd on 2/24/2020.] |
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