Case number 1:21-cv-01665
Aspiration Partners, Inc. v. ESG Financial Corp. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Nov 2, 2022 | 42 | SO ORDERED Granting 41 Dismissal of Counterclaims With Prejudice. Signed by Judge Richard G. Andrews on 11/2/2022. (nms) (Entered: 11/02/2022) (2) |
| Nov 2, 2022 | 41 | STIPULATION of Dismissal of Counterclaims with Prejudice, by ESG Financial Corp.. (Kraftschik, Stephen) Modified on 11/2/2022 (nms). (Entered: 11/02/2022) (2) |
| Nov 1, 2022 | 40 | Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 5265844. (Attachments: # 1 Consent Judgment)(nms) (Entered: 11/01/2022) (Consent Judgment) (4) |
| Nov 1, 2022 | 40 | Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 5265844. (Attachments: # 1 Consent Judgment)(nms) (Entered: 11/01/2022) (Main Document) (1) |
| Nov 1, 2022 | 39 | SO ORDERED Granting Stipulated Consent Judgment and Permanent Injunction. Signed by Judge Richard G. Andrews on 11/1/2022. (nms) (Entered: 11/01/2022) (4) |
| Oct 31, 2022 | 38 | Stipulated Consent Judgment and Permanent Injunction, by Aspiration Partners, Inc.. (Vild, Michael) Modified on 10/31/2022 (nms). (Entered: 10/31/2022) (6) |
| Sep 7, 2022 | 37 | Notice to Take Deposition (6) Docket Text: NOTICE to Take Deposition of Defendant ESG Financial Corp. on September 28, 2022 at 11:00 a.m. (ET) filed by Aspiration Partners, Inc..(Vild, Michael) |
| Sep 7, 2022 | 36 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff's Requests for Production of Documents [Set Two] and Plaintiff's Requests for Admission [Set One] filed by Aspiration Partners, Inc..(Vild, Michael) |
| Aug 30, 2022 | 35 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff's Supplemental Initial Disclosures and Supplemental Responses of Plaintiff Aspiration Partners, Inc. to Defendant ESG Financial Corp.'s First Set of Interrogatories (Interrogatory No. 2) filed by Aspiration Partners, Inc..(Vild, Michael) |
| Aug 15, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER re D.I. [32] Letter; D.I. [33] Letter: Having reviewed the parties' discovery dispute letter submissions, IT IS ORDERED that: (1) Defendant's motion to compel Plaintiff to supplement its Rule 26(a)(1) disclosures and responses to Interrogatory Nos. 1 and 2 is GRANTED-IN-PART. The motion is GRANTED with respect to the portion of Interrogatory No. 2 that seeks facts and evidence of the alleged injuries, harms, or other damages suffered by Plaintiff as a result of Defendant's allegedly infringing conduct. (D.I. 32, Ex. A at 6) This factual information is discoverable and may support a subsequent calculation of damages. See Personal Audio, LLC v. Google LLC, C.A. No. 17-1751-CFC-CJB, 2018 WL 4502002, at *2 (D. Del. Sept. 20, 2018). The motion is further GRANTED with respect to the supplementation of Plaintiff's Rule 26(a)(1) disclosures as to the identification of documents currently known to the Plaintiff relating to the damages it claims in accordance with Rule 26(e), which requires supplementation of Rule 26(a) disclosures only if the additional information "has not otherwise been made known to the other parties during the discovery process or in writing." The motion is DENIED in all other respects because: (A) The request for "the calculation of any damages or other monetary relief" is more properly the subject of a damages experts report, not fact discovery. Id. at *1; and (B) Plaintiff's response to Interrogatory No. 1 adequately identifies instances of Defendant's infringing use and the resultant likelihood of confusion. (D.I. 32, Ex. A at 5-6) (2) Defendant's motion to quash the subpoena to Rallius is GRANTED. The parties agree that Defendant is in possession of much of the information sought pursuant to the subpoena (D.I. 33, Ex. B), and it is more appropriate for Defendant to produce that information before subjecting a third party to the burden of responding to a subpoena, see Fed. R. Civ. P. 45(d)(1). To the extent that Plaintiff seeks discovery specific to Rallius' activities and business which may not be within Defendant's possession, custody, or control, Plaintiff has not shown how this information regarding an entity not accused of infringement is relevant and proportional to the needs of the case under Rule 26(b)(1). IT IS FURTHER ORDERED that the discovery dispute teleconference scheduled for August 16, 2022 at 3:00 p.m. is CANCELLED. Ordered by Judge Sherry R. Fallon on 8/15/2022. (lih) |
| Aug 12, 2022 | 33 | Exhibit B (4) |
| Aug 12, 2022 | 33 | Exhibit A (16) |
| Aug 12, 2022 | 33 | Main Document (5) Docket Text: Letter to The Honorable Sherry R. Fallon, from Michael L. Vild, Esq., regarding response to letter dated August 11, 2022 (D.I. [32]). (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Vild, Michael) Modified on 8/13/2022 (nms). |
| Aug 12, 2022 | N/A | Notice re Courtesy Copies (0) Docket Text: NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office a copy of D.I. # [33] by no later than 4:00 p.m. today. (lih) |
| Aug 11, 2022 | 32 | Exhibit C (12) |
| Aug 11, 2022 | 32 | Exhibit B (9) |
| Aug 11, 2022 | 32 | Exhibit A (9) |
| Aug 11, 2022 | 32 | Text of Proposed Order (1) |
| Aug 11, 2022 | 32 | Main Document (5) Docket Text: Letter to The Honorable Sherry R. Fallon from Stephen J. Kraftschik on behalf of Defendant ESG Financial Corp. and Third-Party Rallius LLC regarding Discovery Dispute. (Attachments: # (1) Text of Proposed Order, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C)(Kraftschik, Stephen) |
| Jul 14, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [31] MOTION for Teleconference to Resolve Discovery Dispute, [30] MOTION for Teleconference to Resolve Discovery Dispute. A Telephone Conference is set for 8/16/2022 at 03:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The plaintiff should obtain court reporting services for the conference, with the cost to be shared equally between both sides. No later than 8/15/2022 at 11:00 a.m., the parties shall send a joint email to Larisha_Hicks@ded.uscourts.gov containing (i) the name of the court reporter; (ii) the name of the court reporting agency; and (iii) confirmation that the court reporter has been provided with the court's AT&T dial-in information. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 8/11/2022, Responsive submission due by no later than 11:00 AM on 8/12/2022). Signed by Judge Sherry R. Fallon on 7/14/2022. (lih) |
| Jul 13, 2022 | 31 | Motion for Miscellaneous Relief (3) Docket Text: MOTION for Teleconference to Resolve Discovery Dispute - filed by RalliusLLC. Motions referred to Sherry R. Fallon.(Kraftschik, Stephen) |
| Jul 13, 2022 | 30 | Motion for Miscellaneous Relief (3) Docket Text: MOTION for Teleconference to Resolve Discovery Dispute - filed by ESG Financial Corp.. Motions referred to Sherry R. Fallon.(Kraftschik, Stephen) |
| Jul 12, 2022 | N/A | Order Referring Case to Magistrate Judge (0) Docket Text: ORAL ORDER: The parties have advised that discovery disputes have arisen. The case is now REFERRED to Magistrate Judge Sherry R. Fallon to handle these, and any future discovery disputes. The parties are directed to contact Judge Fallon's chambers to determine the protocol for teeing the disputes up. Ordered by Judge Richard G. Andrews on 7/12/2022. (nms) |
| Jul 1, 2022 | 28 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Supplemental Responses of Plaintiff Aspiration Partners, Inc. to Defendant ESG Financial Corp.'s First Set of Requests for Admission filed by Aspiration Partners, Inc..(Vild, Michael) |
| Jun 27, 2022 | 27 | Subpoena Returned Executed (11) Docket Text: SUBPOENA Returned Executed as to Rallius LLC on 6/27/2022 (Vild, Michael) |
| Jun 24, 2022 | 26 | Exhibit 1 (12) |
| Jun 24, 2022 | 26 | Main Document (2) Docket Text: NOTICE OF SERVICE of Subpoena to Rallius, LLC filed by Aspiration Partners, Inc.. (Attachments: # (1) Exhibit 1)(Vild, Michael) |
| Mar 9, 2022 | 25 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) ESG Financial Corp.'s Objections and Answers to Plaintiff's First Set of Interrogatories and (2) ESG Financial Corp.'s Objections and Responses to Plaintiff's First Set of Requests for Production filed by ESG Financial Corp..(Kraftschik, Stephen) |
| Mar 3, 2022 | 24 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Responses of Plaintiff Aspiration Partners, Inc. to Defendant ESG Financial Corp.'s First Set of Requests for Admission; (ii) Responses of Plaintiff Aspiration Partners, Inc. to Defendant ESG Financial Corp.'s First Set of Requests for Production and (iii) Responses of Plaintiff Aspiration Partners, Inc. to Defendant ESG Financial Corp.'s First Set of Interrogatories filed by Aspiration Partners, Inc..(Vild, Michael) |
| Feb 17, 2022 | 23 | Order (19) Docket Text: SO ORDERED Granting [22] Stipulated Protective Order. Signed by Judge Richard G. Andrews on 2/17/2022. (nms) |
| Feb 17, 2022 | 22 | Motion for Protective Order (19) Docket Text: Proposed Stipulated Protective Order - filed by Aspiration Partners, Inc.. (Vild, Michael) Modified on 2/17/2022 (nms). |
| Feb 17, 2022 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 22 has been recoded and the docket text corrected to properly reflect this filing is a proposed order and not a motion. An incorrect filing code was used. (nms) |
| Feb 7, 2022 | 21 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff's Requests for Production of Documents [Set One] and Plaintiff's Interrogatories [Set One] filed by Aspiration Partners, Inc..(Vild, Michael) |
| Feb 3, 2022 | 20 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to Submit Proposed Stipulated Protective Order to February 17, 2022 - filed by ESG Financial Corp.. (Kraftschik, Stephen) |
| Feb 3, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [20] STIPULATION and Proposed Order to Extend Time to Submit Proposed Stipulated Protective Order to February 17, 2022. Signed by Judge Richard G. Andrews on 2/3/2022. (nms) |
| Feb 1, 2022 | 19 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) ESG Financial Corp.'s First Set of Interrogatories, (2) ESG Financial Corp.'s First Set of Requests for Production and (3) ESG Financial Corp.'s First Set of Requests for Admission filed by ESG Financial Corp..(Kraftschik, Stephen) |
| Feb 1, 2022 | 18 | Notice of Service (1) Docket Text: NOTICE OF SERVICE of Plaintiffs' Initial Disclosures filed by Aspiration Partners, Inc..(Vild, Michael) |
| Jan 31, 2022 | 17 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of ESG Financial Corp.'s Rule 26(a)(1) Initial Disclosures filed by ESG Financial Corp..(Kraftschik, Stephen) |
| Jan 24, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: If during the history of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Burke, they should contact chambers by e-mail at Deborah_Benyo@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Burke regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. Ordered by Judge Christopher J. Burke on 1/24/2022. (dlb) |
| Jan 24, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Rule 16(b) Conference set for 1/26/2022, is CANCELED. Ordered by Judge Richard G. Andrews on 1/24/2022. (nms) |
| Jan 24, 2022 | 14 | Scheduling Order (6) Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 8/12/2022. Amended Pleadings due by 8/12/2022. Fact Discovery completed by 10/7/2022. Dispositive Motions due by 3/24/2023. A Pretrial Conference is set for 8/25/2023, at 2:00 PM in Courtroom 6A. A 5 day Jury Trial is set to start 9/25/2023, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 1/24/2022. (nms) |
| Jan 24, 2022 | 13 | [Proposed] Scheduling Order (6) |
| Jan 24, 2022 | 13 | Main Document (2) Docket Text: Letter to The Honorable Richard G. Andrews, from Michael L. Vild, Esq., enclosing Proposed Scheduling Order. (Attachments: # (1) Proposed Scheduling Order)(Vild, Michael) Modified on 1/24/2022 (nms). |
| Jan 24, 2022 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Magistrate Judge Christopher J. Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (Taylor, Daniel) |
| Jan 5, 2022 | 12 | Answer to Counterclaim (28) Docket Text: ANSWER to [8] Answer to Complaint, and Counterclaim, by Aspiration Partners, Inc..(Vild, Michael) Modified on 1/5/2022 (nms). |
| Dec 20, 2021 | 11 | Order Setting Scheduling Conference (1) Docket Text: Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 1/26/2022, at 2:00 PM before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 12/20/2021. (nms) |
| Dec 20, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Mark T. Deming for ESG Financial Corp. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
| Dec 17, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [10] MOTION for Pro Hac Vice Appearance of Attorney Mark T. Deming, filed by ESG Financial Corp.. Signed by Judge Richard G. Andrews on 12/17/2021. (nms) |
| Dec 16, 2021 | 10 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Mark T. Deming - filed by ESG Financial Corp.. (Kraftschik, Stephen) |
| Dec 15, 2021 | 9 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by ESG Financial Corp.. (Kraftschik, Stephen) |
| Dec 15, 2021 | 8 | Answer to Complaint (30) Docket Text: ANSWER to [1] Complaint, with Jury Demand , COUNTERCLAIM against Aspiration Partners, Inc. by ESG Financial Corp..(Kraftschik, Stephen) |
| Dec 2, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Robert A. Weikert and Andrew H. Winetroub for Aspiration Partners, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
| Dec 1, 2021 | 7 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Robert A. Weikert, Esquire and Andrew H. Winetroub, Esquire - filed by Aspiration Partners, Inc.. (Vild, Michael) |
| Dec 1, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [7] MOTION for Pro Hac Vice Appearance of Attorney Robert A. Weikert, Esq., and Andrew H. Winetroub, Esq., filed by Aspiration Partners, Inc.. Signed by Judge Richard G. Andrews on 12/1/2021. (nms) |
| Dec 1, 2021 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
| Nov 29, 2021 | 6 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Aspiration Partners, Inc.. ESG Financial Corp. served on 11/24/2021, answer due 12/15/2021. (Vild, Michael) |
| Nov 24, 2021 | 5 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Aspiration Partners, Inc.. (Vild, Michael) |
| Nov 24, 2021 | 4 | Summons Issued (2) Docket Text: Summons Issued with Magistrate Consent Notice attached as to ESG Financial Corp. on 11/24/2021. (srs) |
| Nov 24, 2021 | 3 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 5265844. (srs) |
| Nov 24, 2021 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (srs) |
| Nov 24, 2021 | 1 | Civil Cover Sheet (1) |
| Nov 24, 2021 | 1 | Exhibit D (2) |
| Nov 24, 2021 | 1 | Exhibit C (2) |
| Nov 24, 2021 | 1 | Exhibit B (4) |
| Nov 24, 2021 | 1 | Exhibit A (2) |
| Nov 24, 2021 | 1 | Main Document (15) Docket Text: COMPLAINT for Damages and Injunctive Relief filed with Jury Demand against ESG Financial Corp. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3750192.) - filed by Aspiration Partners, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Civil Cover Sheet)(srs) |
