最近更新：2024-12-25
2022-cv-10377
| 日期 | 描述 |
|---|---|
| 03/29/2024 | AO 120 FORM PATENT - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 3/29/2024 in a court action filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). |
| 03/29/2024 | ORDER: Accordingly, the Clerk of Court is directed to close the case. If any party believes there are open issues, it shall file a letter motion to reopen the case within one week of this Order, identifying with specificity what the open issues are and proposing next steps. Any request to reopen filed after that date will be denied on that basis alone. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/29/2024) |
| 11/02/2023 | ORDER: On October 25, 2023, attorneys for Defendants Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. and Haikoushi Lvxuan Trading Co., Ltd. ("Defendants") provided an accounting of their attorneys' fees and costs incurred in connection with Lead Creation Inc.'s failure to comply with the Court's discovery order. See ECF No. 181. Plaintiff Lead Creation Inc.'s deadline to file any response was November 1, 2023. See ECF No. 177. Plaintiff did not file a response. Upon view of Defendants submission, the Court awards Defendants $4,504.75 in attorneys' fees and costs. In doing so, the Court has deducted the $325 that appears on both the time records submitted in Exhibit A, see ECF No 181-1, and the invoice issued by the court reporter in Exhibit B, see ECF No. 181-2, to avoid double billing. Plaintiff Lead Creation Inc. shall pay Defendants $4,504.75 by December 4, 2023. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/2/2023) |
| 10/25/2023 | DECLARATION of B. Robert Liu, Esq. in Support re: 173 MOTION for Sanctions. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. 附件： 1:Exhibit A. Contemporaneous Time Records 2:Exhibit B. Invoice By Court Reporter 3:(Exhibit C. Statement) |
| 10/25/2023 | ORDER: The Clerk's Office has notified the Court that Plaintiff filed a surety bond in the amount of Fifteen Thousand and 00/100 ($15,000.00) U.S. Dollars, not a cash bond. In light of that, and the Court's October 11, 2023 Opinion and Order, ECF No. 177, the Clerk of Court is directed to release the full amount of the surety bond to counsel for Defendants Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. and Haikoushi Lvxuan Trading Co., Ltd. This Order supersedes theCourt's Order of October 24, 2023. See ECF No. 179. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/25/2023) (ama) Transmission to Finance Unit (Cashiers) for processing. |
| 10/24/2023 | ORDER ON DEFENDANTS' MOTION TO RECOVER ON THE TRO BOND: On October 11, 2023, the Court granted Defendants motion to recover on the TRO bond, ECF No. 177. Accordingly, the Clerk of Court is hereby directed to release the full amount of the TRO bond, in the amount of Fifteen Thousand and 00/100 ($15,000.00) U.S. Dollars, to counsel for Defendants. The check should be made payable to the following: Balance Law Firm, 1 World Trade Ctr Ste 8500, New York, NY 10007. (Signed by Judge Jesse M. Furman on 10/24/2023) (rro) Transmission to Finance Unit (Cashiers) for processing. |
| 10/24/2023 | ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 178 Proposed Order, was reviewed and approved as to form. |
| 10/23/2023 | PROPOSED ORDER. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. Related Document Number: 177. Proposed Order to be reviewed by Clerk's Office staff. |
| 10/11/2023 | OPINION AND ORDER: re: 134 MOTION for Attorney Fees filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd., 115 MOTION to recover against the temporary restraining order bond re: 91 Temporary Restraining Order, Set Deadlines/Hearings, 114 Order, Set Motion and R&R Deadlines/Hearings, 92 Bond, 106 Preliminary Injunction filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd., 173 MOTION for Sanctions filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. For the foregoing reasons, the Court rules as follows on Defendants' pending motions: Defendants' motion for sanctions is GRANTED to the extent they seek attorneys' fees and an order deeming certain matters established for purposes of this action but DENIED to the extent they seek a filing injunction; Defendants' motion to recover on the TRO bond is GRANTED; and Defendants' motion for attorneys' fees under 35 U.S.C. § 285 is DENIED. No later than two weeks from the date of this Opinion and Order, Defendants shall submit (1) a proposed order directing the Clerk of Court to release to them the TRO bond; and (2) an accounting of their relevant attorneys' fees and costs, supported by contemporaneous billing records and other appropriate documentation. Lead Creation shall file any response, through counsel, no later than one week thereafter. No reply may be filed absent leave of Court. The Clerk of Court is directed to terminate ECF Nos. 115, 134, and 173. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/11/2023) (ama) Transmission to Finance Unit (Cashiers) for processing. |
| 04/29/2023 | CERTIFICATE OF SERVICE of Motion for Sanctions, including the Brief and the Declaration In Support of the Motion (ECF 173-75) served on Plaintiff Lead Creation Inc, Xiaodong Fan, and Justin Lewis on April 28, 2023. Service was made by Email. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. 附件： 1:(Exhibit Service Email) |
| 04/27/2023 | DECLARATION of Beixiao Robert Liu, Esq. in Support re: 173 MOTION for Sanctions. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. 附件： 1:Exhibit A. Notices of Deposition and Subpoenas 2:Exhibit B. Portion of Hurckes Transcript 3:(Exhibit C. Statement on Deponents' Absence) |
| 04/27/2023 | MEMORANDUM OF LAW in Support re: 173 MOTION for Sanctions. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. |
| 04/27/2023 | MOTION for Sanctions. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. Return Date set for 5/12/2023 at 10:00 AM. |
| 04/21/2023 | ORDER denying without prejudice to renewal by formal motion 171 Letter Motion for Discovery. Under the Court's Rules, motions for sanctions may not be made by letter. Thus, application DENIED without prejudice to renewal by formal motion on or before April 27, 2023. The deadlines set forth in the Court's April 17, 2023 Order, ECF No. 169, remain in effect. The Clerk of Court is directed to terminate ECF No. 171. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/21/23) |
| 04/21/2023 | LETTER MOTION for Discovery Order Disobedience Sanctions addressed to Judge Jesse M. Furman from Beixiao Robert Liu, Esq. dated April 21, 2023. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. |
| 04/17/2023 | CERTIFICATE OF SERVICE of Endorsed Letter (ECF 169) served on Plaintiff Lead Creation Inc, Xiaodong Fan, and Justin Lewis on April 17, 2023. Service was made by Email. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. 附件： 1:(Exhibit Service Email) |
| 04/17/2023 | Set/Reset Deadlines: Motions due by 4/27/2023. Responses due by 5/4/2023 Replies due by 5/9/2023. |
| 04/17/2023 | ORDER terminating 168 Letter Motion for Local Rule 37.2 Conference. Counsel for Defendants shall serve a copy of this endorsed letter on Plaintiff, Xiaodong Fan, and Justin Lewis via email (at all of the email addresses referenced above), by 5 p.m. today and shall file proof of service on the docket by tomorrow. Plaintiff, Mr. Fan, and Mr. Lewis shall have until April 20, 2023, to file any opposition. In the absence of any opposition by that deadline, Defendants are granted leave to file a formal motion seeking sanctions pursuant to Rule 37 by April 27, 2023; any opposition to such a motion shall be filed by May 4, 2023; and any reply shall be filed by May 9, 2023. The Clerk of Court is directed to terminate ECF No. 168. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/17/2023) |
| 04/14/2023 | LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Beixiao Robert Liu, Esq. dated April 14, 2023. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. |
| 04/06/2023 | Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 4/6/2023. |
| 04/06/2023 | ORDER granting in part and denying in part 156 Letter Motion for Local Rule 37.2 Conference: For the [reasons set forth], the Moving Defendants' Letter Motion is GRANTED IN PART and DENIED IN PART. Attorney Hurckes shall produce to Plaintiff by 12 noon on Friday, April 7, 2023, the following documents: (1) the document with ID number 014 redacting only the email sent on November 1, 2022 at 4:03 p.m.; (2) the attachment to the document with ID number 013 (i.e., "Electronic Patent Application Fee Transmittal"); (3) the attachment to the document with ID number 014 bearing the heading "Patent Assignment Cover Sheet"; and (4) the three attachments to the document with ID number 017 (Patent Nos. US 6,866,401, US 7,147,343 and 5,560,705). (Signed by Magistrate Judge Stewart D. Aaron on 04/06/2023) |
| 04/06/2023 | AFFIDAVIT OF SERVICE of Order dated April 5, 2023 (ECF 160) served on Lead Creation Inc. on April 6, 2023. Service was made by Mail. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. |
| 04/06/2023 | Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 4/6/2023. |
| 04/06/2023 | REDACTION to email to Magistrate Judge Stewart D. Aaron. by Lead Creation Inc. |
| 04/06/2023 | AFFIDAVIT OF SERVICE of Order dated April 5, 2023 (ECF 160) served on Lead Creation Inc. on April 6, 2023. Service was made by Email. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. |
| 04/06/2023 | REPLY MEMORANDUM OF LAW in Opposition re: 156 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Beixiao Robert Liu, Esq. dated April 4, 2023. Document filed by Lead Creation Inc. |
| 04/06/2023 | ORDER: The Court is in receipt of an email from former Plaintiff's counsel, Mr. Hurckes, enclosing copies of the documents listed in his privilege log, as required by Judge Furman's 4/5/2023 Order (ECF No. 158). Such email contains argument and citations to case law. No later than 12 noon today (4/6/2023), Mr. Hurckes shall file a copy of such email (without enclosures) to the ECF docket. The parties are directed to appear for a telephone conference today at 3 p.m. to address questions the Court has regarding the documents supplied by Mr. Hurckes. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. Telephone Conference set for 4/6/2023 at 03:00 PM before Magistrate Judge Stewart D. Aaron. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron) (Text Only Order) |
| 04/05/2023 | MEMORANDUM OF LAW in Opposition re: 134 MOTION for Attorney Fees. filed by Defendants against MAH Advising LLC. Document filed by Lead Creation Inc. 附件： 1:Exhibit Website ICANN Lookup 2:Exhibit ESAT References 3:Exhibit ESAT Search 4:Exhibit Claim Rejection 5:(Exhibit Arguments to Office Action) |
| 04/05/2023 | ORDER: Given that Hurckes no longer represents Plaintiff, it is patently improper for him to file an opposition brief on Plaintiff's behalf. Accordingly, the Court strikes Hurckes's opposition brief and will not consider it. As stated in the Court's prior Order, Plaintiff has until April 13, 2023, to file its consolidated opposition through counsel. Defendants' reply, if any, shall be due April 20, 2023. Counsel for Defendants is directed to serve a copy of this Order on Plaintiff by email and/or overnight mail no later than today, April 5, 2023, and to file proof of service on the docket by April 6, 2023. The Clerk of Court is directed to strike (i.e., remove) ECF No. 157 from the docket. SO ORDERED. (Replies due by 4/20/2023., Responses due by 4/13/2023) (Signed by Judge Jesse M. Furman on 4/5/2023) |
| 04/05/2023 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: ECF No. 156. Referred to Magistrate Judge Stewart D. Aaron. Motions referred to Stewart D. Aaron. (Signed by Judge Jesse M. Furman on 4/5/2023) |
| 04/05/2023 | ORDER with respect to 156 Letter Motion for Local Rule 37.2 Conference: The undersigned is unavailable for the rest of this week due to a religious holiday and, thus, is referring this dispute to Magistrate Judge Aaron by separate Order to be docketed later today. No later than 9 a.m. on Thursday, April 6, 2023, Mr. Hurckes shall email to Judge Aaron (Aaron_NYSDChambers@nysd.uscourts.gov) for Judge Aaron's in camera review the documents listed in Mr. Hurckes's privilege log (ECF No. [156-6]). In addition, no later than 12 noon on April 6, 2023, Mr. Hurckes may file any response to the Letter Motion filed at ECF No. 156. If no response is timely filed by Mr. Hurckes, Judge Aaron will make a determination as to whether the documents withheld are privileged based solely on the pending Letter Motion and Judge Aaron's in camera review. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) |
| 04/04/2023 | ***STRICKEN DOCUMENT. Document number 157 has been stricken from the case record. The document was stricken from this case pursuant to 160 Order. MEMORANDUM OF LAW in Opposition re: 134 MOTION for Attorney Fees., 115 MOTION to recover against the temporary restraining order bond re: 91 Temporary Restraining Order, Set Deadlines/Hearings, 114 Order, Set Motion and R&R Deadlines/Hearings, 92 Bond, 106 Preliminary Injunction. Document filed by Lead Creation Inc. 附件： 1:Exhibit Website ICANN Lookup 2:Exhibit ESAT Search 3:Exhibit ESAT Search 2 4:Exhibit Office Action 5:(Exhibit Response to Office Action). Modified on 4/5/2023 (tg) |
| 04/04/2023 | LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Beixiao Robert Liu, Esq. dated April 4, 2023. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. Return Date set for 4/7/2023 at 10:00 AM. 附件： 1:Exhibit Certificate of Incumbency 2:Exhibit Patent Acquisition Agreement 3:Exhibit Unanimous Written Consent 4:Exhibit USPTO Notice 5:Exhibit Website allegedly selling Flashlight 6:Exhibit Updated Privilege Log 7:(Exhibit Objections and Response to Document Requests) |
| 03/30/2023 | AFFIDAVIT OF SERVICE of Order dated March 29, 2023 (ECF 148) and Letter Motion To Compel Discovery (ECF 145) served on Justin Lewis on March 29, 2023. Service was made by Email and FedEx Express Overnight. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. |
| 03/30/2023 | AFFIDAVIT OF SERVICE of Order dated March 29, 2023 (ECF 148) and Letter Motion To Compel Discovery (ECF 145) served on Xiaodong Fan on March 29, 2023. Service was made by Email and FedEx Express Overnight. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. |
| 03/30/2023 | AFFIDAVIT OF SERVICE of Order dated March 29, 2023 (ECF 148) and Letter Motion To Compel Discovery (ECF 145) served on Lead Creation Inc on March 29, 2023. Service was made by Email and Mail. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. |
| 03/30/2023 | ORDER denying 150 Letter Motion for Extension of Time to File Response/Reply: Later that day, Mr. Hurckes filed a letter motion to vacate the Court's Order and a letter response in opposition to the motion to compel. ECF Nos. 150, 151. Mr. Hurckes attached an exhibit to ECF No. 150 that contained personally identifying information of an employee of his; the Court promptly sealed the docket entry, and it will remain under seal. A copy of the letter, which does not contain any personally identifying information is therefore attached to this Order. The Court deems Mr. Hurckess opposition to be a motion for reconsideration. The motion is DENIED. Accordingly, Hurckes is directed to comply with the Court's March 29, 2023 Order by producing the requested documents (and, as appropriate, a privilege log), and to sit for a deposition thereafter. SEE ORDER. (Signed by Judge Jesse M. Furman on 3/30/2023) |
| 03/29/2023 | LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from MAH Advising LLC dated 03/29/2023 re: 145 LETTER MOTION to Compel Lead Creation Inc. and its Counsel Michael A. Hurckes to produce documents and appear for deposition addressed to Judge Jesse M. Furman from Beixiao Robert Liu, Esq. dated March 23, 2023. Document filed by Lead Creation Inc. |
| 03/29/2023 | LETTER MOTION for Extension of Time to File Response/Reply as to 146 Order on Motion to Withdraw as Attorney, 148 Order on Motion to Compel, addressed to Judge Jesse M. Furman from MAH Advising LLC dated 03/29/2023. Document filed by Lead Creation Inc. 附件： 1:(Exhibit Exhibit-A Employee Situation) |
| 03/29/2023 | AFFIDAVIT OF SERVICE of Order dated 3/24/2023 (ECF 146) served on Lead Creation Inc. - HARVARD BUSINESS SERVICES, INC. on March 29, 2023. Service was accepted by Lisa Kline. Service was made by MAIL. Document filed by Lead Creation Inc. |
| 03/29/2023 | ORDER granting 145 Letter Motion to Compel. Accordingly, Defendants' motion to compel is GRANTED as unopposed. Plaintiff and Mr. Hurckes are ordered to produce the requested documents to Defendants' counsel within seven days, and are further ordered to appear for Zoom depositions within five days thereafter. Counsel for Defendants is directed to serve a copy of this Order, along with their letter-motion to compel on Plaintiff, Xiaodong Fan, and Justin Lewis by email and/or overnight mail no later than today, March 29, 2023, and to file proof of service on the docket by March 30, 2023. The Clerk of Court is directed to terminate ECF No. 145. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/29/2023) |
| 03/27/2023 | AFFIDAVIT OF SERVICE of Motion to Withdraw as Counsel and Declaration served on Lead Creation Inc. - HARVARD BUSINESS SERVICES, INC. on March 27, 2023. Service was accepted by Allison Rathmanner. Service was made by MAIL. Document filed by Lead Creation Inc. |
| 03/24/2023 | Set/Reset Deadlines: Responses due by 4/13/2023, Replies due by 4/20/2023. |
| 03/24/2023 | ORDER granting 128 Motion to Withdraw as Attorney. Given counsel's representations and the posture of the case, the Court concludes that withdrawal is justified and, thus, GRANTS counsel's motion to withdraw. That said, and to be clear, the Court retains jurisdiction over counsel (and Plaintiff) with respect to all collateral matters, including Defendants' pending motions to recover on the TRO bond and for attorney's fees, any motion for sanctions, and discovery in aid of these matters. To that end, the Clerk of Court should terminate MAH Advising as counsel, but MAH Advising should continue to receive all ECF notifications in this case. That leaves three pending motions filed by Defendants: (1) their motion to recover on the TRO bond filed on March 7, 2023, ECF No. 115; (2) their motion for attorney's fees filed on March 13, 2023, ECF No. 134; and (3) their letter-motion for discovery from MAH Advising and Plaintiff, presumably in aid of a potential sanctions motion, filed on March 23, 2023, ECF No. 145. With respect to the first two motions, the Court grants Plaintiff an extension until April 13, 2023, to file its consolidated opposition, not to exceed 25 pages, to permit Plaintiff an opportunity to find new counsel. The Court notes that, as a corporate entity, Plaintiff may appear in federal court only through counsel. See Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007). If counsel has not appeared and filed an opposition to the motion by April 13, 2023, the Court will treat these two motions as unopposed. If counsel does appear and files opposition, Defendants shall file any reply by April 20, 2023. With respect to Defendants' letter-motion seeking discovery, any opposition by MAH Advising or Plaintiff (again, through counsel) must be filed by March 28, 2023, in the form of a letter not to exceed three pages. MAH Advising LLC is directed to serve a copy of this Order on Plaintiff by March 27, 2023, and shall file proof of service on the docket by March 28, 2023. The Clerk of Court is directed to terminate ECF No. 128 and to terminate MAH Advising as counsel, but shall ensure that MAH Advising continues to receive all ECF notifications in this case. SO ORDERED. (Attorney Michael Alexander Hurckes terminated.) (Signed by Judge Jesse M. Furman on 3/24/23) |
| 03/23/2023 | LETTER MOTION to Compel Lead Creation Inc. and its Counsel Michael A. Hurckes to produce documents and appear for deposition addressed to Judge Jesse M. Furman from Beixiao Robert Liu, Esq. dated March 23, 2023. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. |
| 03/22/2023 | ORDER denying as moot 89 Motion for Default Judgment. The motion is moot in light of the voluntary dismissal of this case. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) |
| 03/19/2023 | DECLARATION of Beixiao Robert Liu, Esq. in Opposition re: 128 MOTION for Michael A. Hurckes, Esq. to Withdraw as Attorney. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. 附件： 1:(Exhibit A. Compl. verified by Fan Xiaodong) |
| 03/17/2023 | DECLARATION of Michael A. Hurckes in Support re: 128 MOTION for Michael A. Hurckes, Esq. to Withdraw as Attorney. Document filed by Lead Creation Inc. 附件： 1:(Exhibit Unanimous Written Consent) |
| 03/17/2023 | DECLARATION of Beixiao Robert Liu, Esq. in Opposition re: 128 MOTION for Michael A. Hurckes, Esq. to Withdraw as Attorney. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. 附件： 1:Exhibit A. Florida State Filing 2:(Exhibit B. Petition to USPTO) |
| 03/16/2023 | AFFIDAVIT OF SERVICE of Motion to Withdraw as Attorney (ECF 128); Declaration of Counsel (ECF 139); Memorandum and Opinion Order (ECF 137) served on Lead Creation Inc on 3/16/23. Document filed by Lead Creation Inc. |
| 03/16/2023 | DECLARATION of Michael A. Hurckes in Support re: 128 MOTION for Michael A. Hurckes, Esq. to Withdraw as Attorney. Document filed by Lead Creation Inc. 附件： 1:(Exhibit Exhibit -1 Patent Acquisition Agreement) |
| 03/14/2023 | DECLARATION of Beixiao Robert Liu, Esq. in Support re: 134 MOTION for Attorney Fees. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. 附件： 1:(Exhibit A. Invoices from translators) |
| 03/14/2023 | MEMORANDUM OPINION AND ORDER 129 MOTION to Block Plaintiff's Attempted Dismissal of this Action Without Prejudice. Notably, counsel of record, Michael Hurckes, appears to also be a director of Plaintiff. See ECF No. 18, at 16 (Michael A. Hurckes verifying the Amended Complaint as the Director of Lead Creation Inc.). At the same time, though, Mr. Hurckes represented to the Court during the January 26, 2023 hearing that the owners of Lead Creation Inc. are not U.S. citizens and he was unsure of their ability to post a bond, see Hearing Tr. 3, suggesting that there are other, undisclosed individuals involved with the company. No later than March 16, 2023, Mr. Hurckes shall file a supplemental declaration identifying any and all clients he has relevant to this case and explaining the relationship between himself and the client(s), including but not limited to what control, if any, he has over the client. That same day, counsel shall serve (1) the motion and the supporting declarations and (2) a copy of this Order on Plaintiff, and by March 17, 2023, file proof of such service on the docket. See S.D.N.Y. Local Rule 1.4. Turning to Plaintiff's voluntary dismissal, the Court shares Defendants' concerns about Plaintiff's and counsel's conduct in filing and pursuing this litigation. That said, the Court has no authority to block Plaintiff's voluntary dismissal. A voluntary dismissal under Rule 41(a)(1)(A)(i) is "self-executing and immediately strips the district court of jurisdiction over the merits." De Leon v. Marcos, 659 FF.3d 1276, 1283 (10th Cir. 2011); accord Samake v. Thunder Lube, Inc., 24 F.4th 804, 809 (2d Cir 2022) ("Subject to any applicable federal statute, dismissal under. Rule 41(a)(1)(A). requires no court action to be effective." (cleaned up)); ISC Holding AG v. Nobel Biocare Fin. AG, 688 F.3d 98, 111 (2d Cir. 2012) ("Plaintiffs invoking Rule 41(a)(1)(A)(i), specifically, have an unfettered right voluntarily and unilaterally to dismiss an action." (internal quotation marks omitted)). Because Plaintiff filed its voluntary dismissal under Rule 41(a)(1)(A)(i) prior to service of an answer or a motion for summary judgment, it is immediately self-executing. Accordingly, Defendants' motion to block Plaintiff's dismissal is DENIED, and Defendant's motion to dismiss is DENIED as moot. That said, the Court can and does retain jurisdiction over collateral matters related to the case, such as attorneys fees and costs, and sanctions, as well as Defendants motion to recover from the bond filed in connection with the temporary restraining order (TRO). Covanta Onondaga Ltd. v. Onondaga Cty. Res. Recovery Agency, 318 F.3d 392, 396 (2d Cir. 2003) (citations omitted); see also U.S. D.I.D. Corp. v. Windstream Commcns, Inc., 775 F.3d 128, 131(2d Cir. 2014) ("[A] district court may grant recovery from a [Rule 65(c)] security after the plaintiff files a notice of voluntary dismissal."). Accordingly, the Court retains jurisdiction over Defendants' pending motion to recover on the TRO bond, ECF No. 115, and their pending motion for attorneys' fees, ECF No. 134. It also retains jurisdiction over Plaintiff and counsel with respect to sanctions. Plaintiff shall file a consolidated opposition to the motion to recover on the TRO bond and the motion for attorneys' fees, not to exceed 25 pages, by April 4, 2023. Defendants shall file a consolidated reply, not to exceed 10 pages, by April 11, 2023. With respect to the motion to recover on the TRO bond, the parties should address the Second Circuit's decision in U.S. D.I.D. Corp. v. Windstream Communications, Inc., holding that neither voluntary dismissal nor the dissolution of a TRO necessarily entitle the defendant to recover on the bond; instead, whether the defendant is entitled to recover "turns on a determination that the defendant was wrongfully restrained." 775 F.3d at 136, 140; see also Tangle, Inc. v. Individuals, Corps., Ltd. Liab. Cos., Pships, & Unincorporated Ass'ns Identified on Schedule A, No. 21-CV-7024 (JMF), 2022 WL 16926200, at *1-2 (S.D.N.Y. Nov. 14, 2022). The Clerk of Court is directed to terminate ECF No. 129. SO ORDERED. (Replies due by 4/11/2023., Responses due by 4/4/2023) (Signed by Judge Jesse M. Furman on 3/13/2023) (tg) Modified on 3/22/2023 |
| 03/14/2023 | MEMORANDUM OF LAW in Support re: 134 MOTION for Attorney Fees. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. |
| 03/14/2023 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Michael Hurckes. RE-FILE Document No. 135 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the individual party/parties whom the voluntary dismissal is against was/were not selected. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct individual filer/filers - select the correct individual party/parties the voluntary dismissal is against - and attach the correct signed PDF. |
| 03/13/2023 | FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST PARTY ERROR - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) All Defendants. Document filed by Lead Creation Inc. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/14/2023 |
| 03/13/2023 | MOTION for Attorney Fees. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. Return Date set for 3/27/2023 at 10:00 AM. |
| 03/13/2023 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Michael Hurckes. RE-FILE Document No. 127 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the individual party/parties whom the voluntary dismissal is against was/were not selected. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct individual filer/filers - select the correct individual party/parties the voluntary dismissal is against - and attach the correct signed PDF. |
| 03/10/2023 | AFFIDAVIT OF SERVICE of Order dated 3/8/2023 (ECF 121) served on Changshayanzhihuijiaoyuzixunyouxiangongsi on 3.10.2023. Document filed by Lead Creation Inc. |
| 03/10/2023 | AFFIDAVIT OF SERVICE of Order dated 3/8/2023 (ECF 121) served on Zou qing wen on 3.10.2023. Document filed by Lead Creation Inc. |
| 03/10/2023 | AFFIDAVIT OF SERVICE of Order dated (ECF 121) 3/8/2023 served on Hangzhou Yueji E-commerce company limited on 3.10.2023. Document filed by Lead Creation Inc. |
| 03/10/2023 | DECLARATION of Beixiao Robert Liu, Esq. in Support re: 129 MOTION to Block Plaintiff's Attempted Dismissal of this Action Without Prejudice re: 127 Notice of Voluntary Dismissal. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. 附件： 1:(Exhibit A. Withdrawal from Florida Action) |
| 03/10/2023 | MOTION to Block Plaintiff's Attempted Dismissal of this Action Without Prejudice re: 127 Notice of Voluntary Dismissal. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. Return Date set for 3/24/2023 at 10:00 AM. |
| 03/10/2023 | MOTION for Michael A. Hurckes, Esq. to Withdraw as Attorney. Document filed by Lead Creation Inc. 附件： 1:(Affidavit Affidavit in support of Motion) |
| 03/10/2023 | FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST PARTY ERROR - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) All Defendants. Document filed by Lead Creation Inc. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/13/2023 |
| 03/10/2023 | Set/Reset Deadlines: Responses due by 4/4/2023 |
