The Upstart Group Incorporated v. Upstart Group LLC
| The Upstart Group Incorporated |
| Upstart Group LLC |
| 2:2021cv01193 |
| September 1, 2021 |
| US District Court for the Western District of Washington |
| Richard A Jones |
| Brian A Tsuchida |
| Trademark |
| 28 U.S.C. § 1338 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 62
ORDER Consolidating Cases. This case is consolidated with 2:19-cv-1290-RAJ-BAT. Signed by Judge Richard A. Jones. (MW)
|
| Filing 61 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Upstart Group LLC (Herd, Rachel) |
| Filing 60 NOTICE of Appearance by attorney Rachel H Herd on behalf of Defendant Upstart Group LLC. (Herd, Rachel) |
|
Filing 59
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due by 11/4/2021, FRCP 26(f) Conference Deadline is 10/7/2021, Initial Disclosure Deadline is 10/21/2021, by Hon. Brian A Tsuchida. (TF) (Ad Hoc'ed pending Pro Hac Vice counsel)
|
| Filing 58 MINUTE ORDER REASSIGNING CASE by Clerk Ravi Subramanian. Case reassigned to Judge Richard A. Jones and referred to Hon. Brian A Tsuchida pursuant to Local Rule MJR 6 and General Order 02-19. (TF) (Ad Hoc'ed pending Pro Hac Vice counsel) |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff and Defendant must file a Corporate Disclosure Statement by 9/10/2021. (CDA)ad hoc all attorneys |
| Filing 57 LETTER from Clerk to counsel re receipt of case from Northern District of Illinois and advising of WAWD case number and judge assignment. (CDA) |
| Filing 56 Case transferred in from District of Illinois Northern, Case Number 1:19-cv-05405. |
| Hon. Brian A Tsuchida added. (CDA) |
| Filing 55 TRANSFERRED to the USDC Western District of Washington, Milwaukee the electronic record. (rc, ) [Transferred from ilnd on 9/1/2021.] |
| Filing 54 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 8/5/2021. Pursuant to the parties' stipulation on the record, and as the Court understands that a related case is pending in the Western District of Washington under case number 19-cv-1290 (Upstart Group, LLC v. The Upstart Group, Inc.), the Clerk of Court shall transfer this case to the Western District of Washington forthwith. All pending hearing dates and motions on this Court's docket are terminated. Civil case terminated. Mailed notice (dal, ) [Transferred from ilnd on 9/1/2021.] |
| Filing 53 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 8/5/2021 at 10:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) [Transferred from ilnd on 9/1/2021.] |
| Filing 52 STATUS Report Joint Status Report by Upstart Group, LLC (Klein, Steven) [Transferred from ilnd on 9/1/2021.] |
| Filing 51 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 2/2/2021. The Court directs the parties to meet and confer in an attempt to resolve any issues with the Fed. R. Civ. P. 30(b)(6) deposition of the Defendant. By 2/17/2021, the parties shall file a joint status report setting forth: (1) a list of any issues the parties were unable to resolve regarding the Fed. R. Civ. P. 30(b)(6) deposition of Defendant, (2) the parties' respective positions on the remaining issues, and (3) a proposed briefing schedule for Defendant's motion to dismiss #48 . The court will set a further schedule after review of the parties' status report. Mailed notice (dal, ) [Transferred from ilnd on 9/1/2021.] |
| Filing 50 DECLARATION of Steven E. Klein regarding motion to dismiss/lack of jurisdiction #48 (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)(Klein, Steven) [Transferred from ilnd on 9/1/2021.] |
| Filing 49 DECLARATION of Lynn Fulks regarding motion to dismiss/lack of jurisdiction #48 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Klein, Steven) [Transferred from ilnd on 9/1/2021.] |
| Filing 48 MOTION by Defendant Upstart Group, LLC to dismiss for lack of jurisdiction or transfer (Klein, Steven) [Transferred from ilnd on 9/1/2021.] |
| Filing 47 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion to withdraw it's motion to extend time for limited jurisdictional discovery or, in the alternative, compel the Rule 30(B)(6) deposition of Defendant #46 is granted. Plaintiff's motion at docket number #44 is withdrawn. The telephonic motion hearing set for 1/27/2021 is stricken; parties need not appear. The telephonic status hearing set for 2/2/2021 remains firm. Mailed notice (dal, ) [Transferred from ilnd on 9/1/2021.] |
| Filing 46 MOTION by Plaintiff The Upstart Group, Incorporated to withdraw extension of time, #44 (Smeltzer, Robert) [Transferred from ilnd on 9/1/2021.] |
| Filing 45 MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing on Plaintiff's motion to extend time for limited jurisdictional discovery or, in the alternative, to compel the Rule 30(B)(6) deposition of Defendant #44 is set for 1/27/2021 at 2:00 PM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) [Transferred from ilnd on 9/1/2021.] |
| Filing 44 MOTION by Plaintiff The Upstart Group, Incorporated for extension of time FOR LIMITED JURISDICTIONAL DISCOVERY OR, IN THE ALTERNATIVE, TO COMPEL THE RULE 30(B)(6) DEPOSITION OF DEFENDANT (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Smeltzer, Robert) [Transferred from ilnd on 9/1/2021.] |
| Filing 43 AGREED CONFIDENTIALITY ORDER Signed by the Honorable Andrea R. Wood on 12/15/2020. Mailed notice (dal, ) [Transferred from ilnd on 9/1/2021.] |
|
Filing 42
ORDER Signed by the Honorable Andrea R. Wood on 11/30/2020: Plaintiff's motion for limited jurisdictional discovery #26 is granted in part. The Court will allow Plaintiff to take limited jurisdictional discovery as follows. Plaintiff may serve up to ten document requests and ten interrogatories to Defendant, limited to the topics indicated in the accompanying Statement. Plaintiff may also conduct telephonic or video depositions of two representatives of Defendant, each deposition lasting no more than four hours. All jurisdictional discovery must be completed by 1/29/2021. To the extent Defendant believes in good faith that information sought by Plaintiff should be treated as confidential, by 12/14/2020, the parties may jointly submit a proposed protective order, in Word version, by email to Proposed_Order_Wood@ilnd.uscourts.gov. Furthermore, the Court denies without prejudice Defendant's motion to dismiss, or alternatively, to transfer the case #19 and its motion for sanctions #30 . Defendant may refile these motions after the competition of jurisdictional discovery, if it still believes there is a good-faith basis for the relief sought. Telephonic status hearing set for 2/2/2020 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. See the accompanying Statement for additional details. Mailed notice (dal, ) [Transferred from ilnd on 9/1/2021.]
|
|
Filing 41
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk5, Docket) [Transferred from ilnd on 9/1/2021.]
|
|
Filing 40
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket7, ) [Transferred from ilnd on 9/1/2021.]
|
| Filing 39 STATUS Report - Amended Joint Status Report by The Upstart Group, Incorporated (Ambrose, Robert) [Transferred from ilnd on 9/1/2021.] |
| Filing 38 STATUS Report - Joint Status Report by The Upstart Group, Incorporated (Ambrose, Robert) [Transferred from ilnd on 9/1/2021.] |
|
Filing 37
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket6, ) [Transferred from ilnd on 9/1/2021.]
|
|
Filing 36
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket1, ) [Transferred from ilnd on 9/1/2021.]
|
|
Filing 35
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) [Transferred from ilnd on 9/1/2021.]
|
|
Filing 34
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) [Transferred from ilnd on 9/1/2021.]
|
| Filing 33 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Pursuant to the discussion held in open court and for the reasons stated on the record, Plaintiff's motion for limited jurisdictional discovery #26 is taken under advisement. The Court ruling shall issue in short order by mail. Mailed notice (ef, ) [Transferred from ilnd on 9/1/2021.] |
| Filing 32 DECLARATION of Steven E. Klein regarding motion for sanctions #30 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Klein, Steven) [Transferred from ilnd on 9/1/2021.] |
| Filing 31 NOTICE of Motion by Steven E. Klein for presentment of motion for sanctions #30 before Honorable Andrea R. Wood on 1/7/2020 at 09:00 AM. (Klein, Steven) [Transferred from ilnd on 9/1/2021.] |
| Filing 30 MOTION by Defendant Upstart Group, LLC for sanctions (Klein, Steven) [Transferred from ilnd on 9/1/2021.] |
| Filing 29 MINUTE entry before the Honorable Andrea R. Wood: By request and agreement of the parties, the status hearing set for 12/12/2019 is stricken and reset for 12/19/2019 at 09:00 AM. Mailed notice (ef, ) [Transferred from ilnd on 9/1/2021.] |
| Filing 28 RESPONSE by Upstart Group, LLCin Opposition to MOTION by Plaintiff The Upstart Group, Incorporated for discovery (Limited, Jurisdictional) #26 (Attachments: #1 Exhibit A)(Klein, Steven) [Transferred from ilnd on 9/1/2021.] |
| Filing 27 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Attorney Klein for defendant appeared telephonically. Pursuant to the discussion held in open court, Plaintiff's motion for limited jurisdictional discovery #26 is taken under advisement for ruling. Status hearing set for 12/12/19 at 9:00 a.m. Mailed notice (mjc, ) [Transferred from ilnd on 9/1/2021.] |
| Filing 26 MOTION by Plaintiff The Upstart Group, Incorporated for discovery (Limited, Jurisdictional) (Attachments: #1 Exhibit 1)(Smeltzer, Robert) [Transferred from ilnd on 9/1/2021.] |
| Filing 25 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) , Joint Status and Initial Status Hearing, filed by Plaintiff The Upstart Group, Incorporated. (Smeltzer, Robert) [Transferred from ilnd on 9/1/2021.] |
| Filing 24 MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. Pursuant to the discussion held in open court, Defendant's motion to dismiss #19 is continued to the next status hearing. Status hearing set for 11/12/2019 #16 remains firm. Mailed notice (ef, ) [Transferred from ilnd on 9/1/2021.] |
| Filing 23 MINUTE entry before the Honorable Andrea R. Wood: Motion by counsel for leave to appear pro hac vice #18 is granted. Mailed notice (ef, ) [Transferred from ilnd on 9/1/2021.] |
| Filing 22 DECLARATION of Sue Sanford regarding motion to dismiss/lack of jurisdiction, #19 (Wiemelt, Mark) [Transferred from ilnd on 9/1/2021.] |
| Filing 21 DECLARATION of Steven E. Klein regarding motion to dismiss/lack of jurisdiction, #19 (Wiemelt, Mark) [Transferred from ilnd on 9/1/2021.] |
| Filing 20 NOTICE of Motion by Mark E. Wiemelt for presentment of motion to dismiss/lack of jurisdiction, #19 before Honorable Andrea R. Wood on 10/10/2019 at 09:00 AM. (Wiemelt, Mark) [Transferred from ilnd on 9/1/2021.] |
| Filing 19 MOTION by Defendant Upstart Group, LLC to dismiss for lack of jurisdiction or transfer (Attachments: #1 Exhibit 1- TUG Website, #2 Exhibit 2 - Letter to the Upstart Group, #3 Exhibit 3 - 7-17-18 Smeltzer email, #4 Exhibit 4 - June 2019 Morrison emails, #5 Exhibit 5 - 7-31-19 Morrison email, #6 Exhibit 6 - 8-5-19 Smeltzer email, #7 Exhibit 7 - 8-7-19 Morrison email, #8 Exhibit 8 - 8-13-19 Smeltzer email, #9 Exhibit 9 - Complaint with Exhibits)(Wiemelt, Mark) [Transferred from ilnd on 9/1/2021.] |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16309234. (Wiemelt, Mark) [Transferred from ilnd on 9/1/2021.] |
| Filing 17 ATTORNEY Appearance for Defendant Upstart Group, LLC by Mark E. Wiemelt (Wiemelt, Mark) [Transferred from ilnd on 9/1/2021.] |
| Filing 16 MINUTE entry before the Honorable Andrea R. Wood: Agreed Ex parte Motion #14 is granted. The motion presentment date of 10/8/2019 is stricken; parties need not appear. Initial status hearing set for 10/10/2019 is stricken and reset for 11/12/2019 at 9:00 AM. At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. Mailed notice (ef, ) [Transferred from ilnd on 9/1/2021.] |
| Filing 15 Agreed NOTICE of Motion by Robert Hill Smeltzer for presentment of extension of time #14 before Honorable Andrea R. Wood on 10/8/2019 at 09:00 AM. (Smeltzer, Robert) [Transferred from ilnd on 9/1/2021.] |
| Filing 14 MOTION by Plaintiff The Upstart Group, Incorporated for extension of time , Joint Status and Initial Status Hearing (Smeltzer, Robert) [Transferred from ilnd on 9/1/2021.] |
| Filing 13 MINUTE entry before the Honorable Andrea R. Wood: Joint Ex parte Motion 11 is granted. The motion presentment date of 9/18/2019 is stricken; parties need not appear. Mailed notice (ef, ) [Transferred from ilnd on 9/1/2021.] |
| Filing 12 NOTICE of Motion by Robert Joseph Ambrose for presentment of before Honorable Andrea R. Wood on 9/18/2019 at 09:00 AM. (Ambrose, Robert) [Transferred from ilnd on 9/1/2021.] |
| Filing 10 SUMMONS Returned Executed by The Upstart Group, Incorporated as to Upstart Group, LLC on 8/29/2019, answer due 9/19/2019. (Ambrose, Robert) [Transferred from ilnd on 9/1/2021.] |
| ALIAS Summons Issued as to Defendant Upstart Group, LLC. (mc, ) [Transferred from ilnd on 9/1/2021.] |
| SUMMONS Issued as to Defendant Upstart Group, LLC. (lw, ) [Transferred from ilnd on 9/1/2021.] |
| Filing 9 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (smm, ) [Transferred from ilnd on 9/1/2021.] |
| Filing 8 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. (smm, ) [Transferred from ilnd on 9/1/2021.] |
| Filing 7 MAILED trademark report to Patent Trademark Office, Alexandria VA (Attachments: #1 Trademark Information). (smm, ) [Transferred from ilnd on 9/1/2021.] |
| Filing 6 MINUTE entry before the Honorable Andrea R. Wood: Initial status hearing set for 10/10/2019 at 9:00 AM. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (ef, ) [Transferred from ilnd on 9/1/2021.] |
| CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (kb, ) [Transferred from ilnd on 9/1/2021.] |
| Filing 5 Notice of Trademark Claims by The Upstart Group, Incorporated (Ambrose, Robert) [Transferred from ilnd on 9/1/2021.] |
| Filing 4 ATTORNEY Appearance for Plaintiff The Upstart Group, Incorporated by Robert Hill Smeltzer (Smeltzer, Robert) [Transferred from ilnd on 9/1/2021.] (Main Document 4 replaced on 9/1/2021 to flatten malformed PDF) (KB). |
| Filing 3 CIVIL Cover Sheet (Ambrose, Robert) [Transferred from ilnd on 9/1/2021.] |
| Filing 2 ATTORNEY Appearance for Plaintiff The Upstart Group, Incorporated by Robert Joseph Ambrose (Ambrose, Robert) [Transferred from ilnd on 9/1/2021.] |
| Filing 1 COMPLAINT for Declaratory Judgment of Non-Infringement of Trademark Rights filed by The Upstart Group, Incorporated; Jury Demand. Filing fee $ 400, receipt number 0752-16125316. (Attachments: #1 Exhibit 1)(Ambrose, Robert) [Transferred from ilnd on 9/1/2021.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Washington Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
