Case number 1:22-cv-03150
Daka Research Inc. v. Shenzhen Bali Electronic Technology Co., Ltd. Storefront et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 25, 2023 | 64 | DEFAULT JUDGMENT ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for default judgment damages is GRANTED. IT IS FURTHER ORDERED that Plaintiff has a judgment against Defendants in the amount of $897,150. IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to close the case and to terminate the open motions at Dkts. 16 and 58. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/25/2023) (tg) (Entered: 01/25/2023) (2) |
| Dec 31, 2022 | 63 | CERTIFICATE OF SERVICE of Courts Order [Dkt. No. 62] served on Defendant Shenzhen Bali Electronic Technology Co., Ltd. Storefront and bad87hs Storefront on 12/28/2022. Service was made by via Amazon Buyer-Seller Messaging Service pursuant to Courts Order [Dkt. No. 14]. Document filed by Daka Research Inc...(Wang, Wei) (Entered: 12/31/2022) (1) |
| Dec 28, 2022 | 62 | ORDER with respect to 58 Motion to Approve. IT IS HEREBY ORDERED that Defendants must file any response to the Motion not later than Friday, January 13, 2023, and Plaintiff must file any reply not later than Friday, January 20, 2023. Plaintiff is advised that it must seek permission from the Court for any extensions at least 48 hours before the deadline as set forth in the Undersigned's rules of practice, and that any untimely reply will not be considered. IT IS FURTHER ORDERED that the parties must appear for a conference regarding damages on Wednesday, January 25, 2023 at 11:00 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. IT IS FURTHER ORDERED that not later than Friday, December 28, 2022, Plaintiff must serve a copy of this Order on Defendants in compliance with the Court's alternative service order at Dkt. 14 and post proof of service on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/28/2022) (tg) (Entered: 12/28/2022) (2) |
| Dec 27, 2022 | 58 | MOTION to Approve Plaintiff's request for damages . Document filed by Daka Research Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order).(Wang, Wei) (Entered: 12/27/2022) (0) |
| Dec 27, 2022 | 59 | DECLARATION of Wei Wang in Support re: 58 MOTION to Approve Plaintiff's request for damages .. Document filed by Daka Research Inc...(Wang, Wei) (Entered: 12/27/2022) (2) |
| Dec 27, 2022 | 60 | MEMORANDUM OF LAW in Support re: 58 MOTION to Approve Plaintiff's request for damages . . Document filed by Daka Research Inc...(Wang, Wei) (Entered: 12/27/2022) (5) |
| Dec 27, 2022 | 61 | DECLARATION of Fuliang Tang in Support re: 58 MOTION to Approve Plaintiff's request for damages .. Document filed by Daka Research Inc...(Wang, Wei) (Entered: 12/27/2022) (2) |
| Nov 22, 2022 | 56 | DEFAULT JUDGMENT: IT IS HEREBY ORDERED that Plaintiff's Order to Show Cause Why Default Judgment and Permanent Injunction Should Not Be Entered is GRANTED in its entirety. Accordingly, this Court ORDERS that: 1. Defaulting Defendants, their affiliates, officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under or in active concert with them be permanently enjoined and restrained from: a. from manufacturing, importing, advertising, promoting, offering to sell, selling, distributing, or transferring any products that infringing upon the '303 Patent; b. from secreting, concealing, destroying, selling off, transferring, or otherwise disposing of: (i) any Infringing Products; (ii) any evidence relating to the infringing activities; or (iii) any assets or other financial accounts subject to this Order, including inventory assets, in the actual or constructive possession of, or owned, controlled, or held by, or subject to access by, Defaulting Defendants, including, but not limited to, any assets held by or on behalf of Defaulting Defendants; c. from effecting assignments or transfers, forming new entities or associations or utilizing any other device for the purpose of circumventing or otherwise avoiding the prohibitions set forth in Subparagraphs (a) and (b). 2. Upon Plaintiff's request, any third party with actual notice of this Order who is providing services for the Defaulting Defendants, or in connection with Defaulting Defendants' Online Marketplace, including, without limitation, any online marketplace platform such as eBay Inc. ("eBay"), Amazon.com, Inc. ("Amazon") (collectively, the "Third Party Providers") shall within ten (10) business days after receipt of such notice disable and cease displaying any advertisements used by or associated with Defaulting Defendants in connection with the sale of infringing goods using the '303 Patent. 3. Plaintiff may serve this Order on Third Party Providers, including PayPal, Inc. ("PayPal"), and Amazon Pay, by e-mail delivery to the e-mail addresses Plaintiff used to serve the Final Default Judgment on the Third-Party Providers. 4. Any Third-Party Providers holding funds for Defaulting Defendants, including PayPal, and Amazon Pay, shall, within ten (10) business days of receipt of this Order, permanently restrain and enjoin any financial accounts connected to Defaulting Defendants' Seller Aliases or Online Marketplaces from transferring or disposing of any funds, up to the above identified damages award, or other of Defaulting Defendants' assets. 5. The Court's determination of Plaintiff's damages is held in abeyance pending submission of a separate motion by Plaintiff addressing damages, as set forth in Dkt. 57. 6. Until Plaintiff has recovered full payment of monies owed to it by Defaulting Defendants, Plaintiff shall have the ongoing authority to serve this Order on Third-Party Providers, including PayPal, and Amazon Pay, in the event that any new financial accounts controlled or operated by Defaulting Defendants are identified. Upon receipt of this Order, Third-Party Providers, including PayPal, and Amazon Pay, shall within ten (10) business days: a. locate all accounts and funds connected to Defaulting Defendants' Seller Aliases and Online Marketplaces, including, but not limited to, any financial accounts connected to the information listed in Complaint, and any e-mail addresses provided for Defaulting Defendants by third parties; and b. restrain and enjoin such accounts or funds from transferring or disposing of any money or other of Defaulting Defendants' assets. in favor of Daka Research Inc. against Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Signed by Judge Valerie E. Caproni on 11/22/2022) (tg) (Entered: 11/22/2022) (4) |
| Nov 22, 2022 | 57 | ORDER: IT IS HEREBY ORDERED that for the reasons stated at the hearing, not later than Friday, December 23, 2022, Plaintiff must provide evidence in support of any damages it seeks from Defendants by submitting a motion to the Court as set forth in Rule 4 of the Undersigned's local rules of civil practice. IT IS FURTHER ORDERED that Plaintiff must serve a copy of this order and its motion, including supporting papers, on Defendants in compliance with the Court's alternative service order, Dkt. 14, not later than Wednesday, December 28, 2022. SO ORDERED. ( Motions due by 12/23/2022.) (Signed by Judge Valerie E. Caproni on 11/22/2022) (tg) (Entered: 11/22/2022) (1) |
| Nov 4, 2022 | 54 | Order to Show Cause (2) Docket Text: ORDER TO SHOW CAUSE WHY DEFAULT JUDGMENT AND PERMANENT INJUNCTION SHOULD OT BE ENTERED AGAINST DEFAULTING DEFENDANT: ORDERED that Defaulting Defendants show cause before the Honorable Valerie E. Caproni, of the United States District Court for the Southern District of New York, in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007, on Tuesday, November 22, 2022, at 10:00 A.M. (the "Hearing"), and show cause why an Order should not be issued pursuant to Rule 55 of the Federal Rules of Civil Procedure entering a final judgment by default, as well as a permanent injunction against Defaulting Defendant; as well as awarding such other further relief as the Court deems equitable and just; and it is further ORDERED that the service copy of this ORDER TO SHOW CAUSE and its supporting papers, including the Declaration of Wei Wang, Esq. (collectively, the "OSC Papers"), shall be made on Defaulting Defendant by Monday, November 7, 2022, and deemed effective as to the Defaulting Defendant if it is completed in the same manner as set forth in this Court's May 24, 2022 Alternative service Order, see Dkt. 14; and it is further ORDERED that opposing papers, if any, shall be filed with the Court and served on Plaintiff's counsel on or before Friday, November 18, 2022, by delivering copies thereof to the office of Glacier Law LLP, 41 Madison Avenue, Suite 2529, New York, New York 10010, Attn: Wei Wang, Esq.; and it is further ORDERED that if Defaulting Defendant fails to appear at the Hearing or otherwise fail to respond to this Order to Show Cause, a default judgment will be entered against the Defaulting Defendant. SO ORDERED. Show Cause Hearing set for 11/22/2022 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. Show Cause Response due by 11/18/2022. (Signed by Judge Valerie E. Caproni on 11/4/2022) (tg) |
| Nov 4, 2022 | 55 | Certificate of Service Other (1) Docket Text: CERTIFICATE OF SERVICE of Courts Order [Dkt. No. 54], and its supporting papers, including the Declaration of Wei Wang, Esq served on Defendant Shenzhen Bali Electronic Technology Co., Ltd. Storefront and bad87hs Storefront on 11/4/2022. Service was made by via Amazon Buyer-Seller Messaging Service pursuant to Courts Order [Dkt. No. 14]. Document filed by Daka Research Inc...(Wang, Wei) |
| Nov 3, 2022 | N/A | Notice to Court Regarding Proposed Order (0) Docket Text: ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. [50] Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| Nov 3, 2022 | N/A | Notice to Court Regarding Proposed Order (0) Docket Text: ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. [53] Proposed Default Judgment was reviewed and approved as to form. (km) |
| Nov 3, 2022 | 50 | Proposed Order to Show Cause Without Emergency Relief (2) Docket Text: PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Daka Research Inc...(Wang, Wei) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Nov 3, 2022 | 51 | Declaration (Main Document) (3) Docket Text: DECLARATION of Wei Wang re: [50] Proposed Order to Show Cause Without Emergency Relief Why Default Judgment and Permanent Injunction Should Not Be Entered Against Defaulting Defendants. Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4).(Wang, Wei) |
| Nov 3, 2022 | 51 | Declaration (Exhibit 1) (7) Docket Text: DECLARATION of Wei Wang re: [50] Proposed Order to Show Cause Without Emergency Relief Why Default Judgment and Permanent Injunction Should Not Be Entered Against Defaulting Defendants. Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4).(Wang, Wei) |
| Nov 3, 2022 | 51 | Declaration (Exhibit 2) (3) Docket Text: DECLARATION of Wei Wang re: [50] Proposed Order to Show Cause Without Emergency Relief Why Default Judgment and Permanent Injunction Should Not Be Entered Against Defaulting Defendants. Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4).(Wang, Wei) |
| Nov 3, 2022 | 51 | Declaration (Exhibit 3) (2) Docket Text: DECLARATION of Wei Wang re: [50] Proposed Order to Show Cause Without Emergency Relief Why Default Judgment and Permanent Injunction Should Not Be Entered Against Defaulting Defendants. Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4).(Wang, Wei) |
| Nov 3, 2022 | 51 | Declaration (Exhibit 4) (2) Docket Text: DECLARATION of Wei Wang re: [50] Proposed Order to Show Cause Without Emergency Relief Why Default Judgment and Permanent Injunction Should Not Be Entered Against Defaulting Defendants. Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4).(Wang, Wei) |
| Nov 3, 2022 | 52 | Memorandum of Law (10) Docket Text: MEMORANDUM OF LAW re: [50] Proposed Order to Show Cause Without Emergency Relief Why Default Judgment and Permanent Injunction Should Not Be Entered Against Defaulting Defendants. Document filed by Daka Research Inc...(Wang, Wei) |
| Nov 3, 2022 | 53 | Proposed Default Judgment (4) Docket Text: PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Daka Research Inc...(Wang, Wei) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Nov 1, 2022 | 47 | Proposed Clerk's Certificate of Default (1) Docket Text: PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Daka Research Inc...(Wang, Wei) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/1/2022 (km). |
| Nov 1, 2022 | 48 | Declaration in Support (3) Docket Text: DECLARATION of Wei Wang in Support re: [47] Proposed Clerk's Certificate of Default. Document filed by Daka Research Inc...(Wang, Wei) |
| Nov 1, 2022 | 49 | Clerk's Certificate of Default (1) Docket Text: CLERK'S CERTIFICATE OF DEFAULT as to Shenzhen Bali Electronic Technology Co., Ltd. Storefront, and bad87hs Storefront.(km) |
| Oct 31, 2022 | 46 | Order (2) Docket Text: ORDER: IT IS HEREBY ORDERED that not later than Monday, November 7, 2022, Plaintiff must apply for a certificate of default against Defendants. Within fourteen days of receiving such a certificate, Plaintiff must apply for a default judgment against Defendants, consistent with the procedures described in Attachment A to the undersigneds Individual Practices in Civil Cases. SO ORDERED., ( Motions due by 11/7/2022.) (Signed by Judge Valerie E. Caproni on 10/31/2022) (ama) |
| Oct 18, 2022 | 44 | Order (1) Docket Text: ORDER: IT IS HEREBY ORDERED that the pre-trial conference is adjourned sine die. IT IS FURTHER ORDERED that Plaintiff's counsel serve this Order on Defendants and post proof of service on the Docket not later than Thursday, October 20, 2022. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/18/2022) (tg) |
| Oct 18, 2022 | 45 | Certificate of Service Other (1) Docket Text: CERTIFICATE OF SERVICE of Courts Order [Dkt. No. 44] served on Defendant Shenzhen Bali Electronic Technology Co., Ltd. Storefront and bad87hs Storefront on 10/18/2022. Service was made by via Amazon Buyer-Seller Messaging Service pursuant to Courts Order [Dkt. No. 14]. Document filed by Daka Research Inc...(Wang, Wei) |
| Oct 14, 2022 | 43 | Certificate of Service Other (1) Docket Text: CERTIFICATE OF SERVICE of Court's Order to Show Cause [Dkt. No.42] served on Defendant Shenzhen Bali Electronic Technology Co., Ltd. Storefront and bad87hs Storefront on 10/14/2022. Service was made by via Amazon Buyer-Seller Messaging Service pursuant to Courts Order [Dkt. No. 14]. Document filed by Daka Research Inc...(Wang, Wei) |
| Oct 13, 2022 | 42 | Order to Show Cause (2) Docket Text: ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that Defendants must show cause why a default judgment should not be entered against them because entities cannot appear pro se not later than Friday, October 28, 2022. IT IS FURTHER ORDERED that Plaintiff's counsel serve this Order on Defendants and post proof of service on the Docket not later than Monday, October 17, 2022. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/13/2022) (tg) |
| Sep 9, 2022 | 41 | Certificate of Service Other (1) Docket Text: CERTIFICATE OF SERVICE of Order [Dkt. 40] served on Shenzhen Bali Electronic Technology Co., Ltd. and bad87h on 2022/09/09. Service was accepted by Sun Qian. Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront..(Urbanczyk, Adam) |
| Sep 8, 2022 | N/A | Set/Reset Deadlines (0) Docket Text: Set/Reset Deadlines: Motions due by 10/21/2022. (ama) |
| Sep 8, 2022 | 40 | Order on Motion to Withdraw as Attorney (2) Docket Text: ORDER: granting [37] Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that the Motion is GRANTED, and Adam Urbanczyk, Esq. is TERMINATED from this case. IT IS FURTHER ORDERED that outgoing counsel serve this Order on Defendants and post proof of service on the Docket not later than September 12, 2022. IT IS FURTHER ORDERED that Defendants must obtain new counsel and have an appearance filed on the record by no later than October 7, 2022. See Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007) (all artificial entities, including corporations and partnerships, may only appear in federal court through a licensed attorney). IT IS FURTHER ORDERED that if Defendants still seek to move to dismiss, their motion to dismiss must be filed not later than October 21, 2022. IT IS FURTHER ORDERED that if no counsel appears for Defendants by October 7, 2022, the Court will enter an Order to Show Cause why a default judgment should not be entered against Defendants because entities cannot appear pro se. SO ORDERED. Attorney Adam Edward Urbanczyk terminated. (Signed by Judge Valerie E. Caproni on 9/08/2022) (ama) |
| Sep 7, 2022 | N/A | Notice to Attorney to Re-File Document - Deficient Docket Entry Error (0) Docket Text: ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Adam Urbanczyk to RE-FILE Document [36] MOTION for Adam Edward Urbanczyk to Withdraw as Attorney .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Use Declaration in Support of Motion found under the Event List. (kj) |
| Sep 7, 2022 | 37 | Motion to Withdraw as Attorney (2) Docket Text: SECOND MOTION for Adam Edward Urbanczyk to Withdraw as Attorney UNOPPOSED. Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront..(Urbanczyk, Adam) |
| Sep 7, 2022 | 38 | Declaration in Support of Motion (1) Docket Text: DECLARATION of Sun Qian in Support re: [37] SECOND MOTION for Adam Edward Urbanczyk to Withdraw as Attorney UNOPPOSED.. Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront..(Urbanczyk, Adam) |
| Sep 7, 2022 | 39 | Letter (1) Docket Text: LETTER addressed to Judge Valerie E. Caproni from Adam E. Urbanczyk dated 2022/09/07 re: Overdue Motion. Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront..(Urbanczyk, Adam) |
| Sep 2, 2022 | 36 | Motion to Withdraw as Attorney (Main Document) (2) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Adam Edward Urbanczyk to Withdraw as Attorney . Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Attachments: # (1) Affidavit Sun Qian).(Urbanczyk, Adam) Modified on 9/7/2022 (kj). |
| Sep 2, 2022 | 36 | Motion to Withdraw as Attorney (Affidavit Sun Qian) (1) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Adam Edward Urbanczyk to Withdraw as Attorney . Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Attachments: # (1) Affidavit Sun Qian).(Urbanczyk, Adam) Modified on 9/7/2022 (kj). |
| Aug 24, 2022 | N/A | Set/Reset Deadlines (0) Docket Text: Set/Reset Deadlines: Motions due by 9/6/2022. Responses due by 9/20/2022 Replies due by 9/27/2022. (tg) |
| Aug 24, 2022 | 35 | Order on Motion to Dismiss (2) Docket Text: ORDER denying without prejudice [23] Motion to Dismiss. IT IS HEREBY ORDERED that Defendants' motion to dismiss and transfer this action is DENIED without prejudice. The Clerk of Court is respectfully directed to close the open motion at Docket 23. IT IS FURTHER ORDERED that Defendants must re-file their motion with an appropriate affidavit not later than September 6, 2022. Plaintiff's response in opposition is due not later than September 20, 2022. Defendants' reply is due not later than September 27, 2022. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/24/2022) (tg) |
| Jul 15, 2022 | 33 | Memo Endorsement (2) Docket Text: MEMO ENDORSEMENT on re: [30] Letter filed by Daka Research Inc. ENDORSEMENT: Application GRANTED. The Initial Pre-Trial Conference currently scheduled for July 22, 2022, at 10:00 a.m. is hereby ADJOURNED sine die. (Signed by Judge Valerie E. Caproni on 7/15/2022) (tro) |
| Jul 15, 2022 | 34 | Case Management Plan (3) Docket Text: CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Fact Discovery due by 10/20/2022. Expert Discovery, including reports, production of underlying documents, and depositions, due by 11/16/2022. this case is not to be tried to a jury. Pretrial Conference set for 10/21/2022 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 7/15/2022) (tro) |
| Jul 14, 2022 | 30 | Letter (2) Docket Text: JOINT LETTER addressed to Judge Valerie E. Caproni from He Cheng and Adam E. Urbanczyk dated July 14, 2022 re: Pre-conference submission. Document filed by Daka Research Inc...(Wang, Wei) |
| Jul 14, 2022 | 31 | Proposed Case Management Plan (3) Docket Text: PROPOSED CASE MANAGEMENT PLAN. Document filed by Daka Research Inc...(Wang, Wei) |
| Jul 14, 2022 | 32 | Reply to Response to Motion (Main Document) (6) Docket Text: REPLY to Response to Motion re: [16] MOTION for Preliminary Injunction . . Document filed by Daka Research Inc.. (Attachments: # (1) Affidavit of Tang).(Wang, Wei) |
| Jul 14, 2022 | 32 | Reply to Response to Motion (Affidavit of Tang) (2) Docket Text: REPLY to Response to Motion re: [16] MOTION for Preliminary Injunction . . Document filed by Daka Research Inc.. (Attachments: # (1) Affidavit of Tang).(Wang, Wei) |
| Jul 6, 2022 | 29 | Reply to Response to Motion (Main Document) (5) Docket Text: REPLY to Response to Motion re: [23] MOTION to Dismiss . . Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Attachments: # (1) Errata Unreported Opinions).(Urbanczyk, Adam) |
| Jul 6, 2022 | 29 | Reply to Response to Motion (Errata Unreported Opinions) (30) Docket Text: REPLY to Response to Motion re: [23] MOTION to Dismiss . . Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Attachments: # (1) Errata Unreported Opinions).(Urbanczyk, Adam) |
| Jun 30, 2022 | 28 | Response in Opposition to Motion (Main Document) (7) Docket Text: RESPONSE in Opposition to Motion re: [16] MOTION for Preliminary Injunction . . Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Attachments: # (1) Affidavit of Qian Sun, # (2) Affidavit of Wang Xingyong, # (3) Errata Unreported Opinions).(Urbanczyk, Adam) |
| Jun 30, 2022 | 28 | Response in Opposition to Motion (Affidavit of Qian Sun) (2) Docket Text: RESPONSE in Opposition to Motion re: [16] MOTION for Preliminary Injunction . . Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Attachments: # (1) Affidavit of Qian Sun, # (2) Affidavit of Wang Xingyong, # (3) Errata Unreported Opinions).(Urbanczyk, Adam) |
| Jun 30, 2022 | 28 | Response in Opposition to Motion (Affidavit of Wang Xingyong) (2) Docket Text: RESPONSE in Opposition to Motion re: [16] MOTION for Preliminary Injunction . . Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Attachments: # (1) Affidavit of Qian Sun, # (2) Affidavit of Wang Xingyong, # (3) Errata Unreported Opinions).(Urbanczyk, Adam) |
| Jun 30, 2022 | 28 | Response in Opposition to Motion (Errata Unreported Opinions) (30) Docket Text: RESPONSE in Opposition to Motion re: [16] MOTION for Preliminary Injunction . . Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Attachments: # (1) Affidavit of Qian Sun, # (2) Affidavit of Wang Xingyong, # (3) Errata Unreported Opinions).(Urbanczyk, Adam) |
| Jun 29, 2022 | 27 | Response in Opposition to Motion (Main Document) (5) Docket Text: RESPONSE in Opposition to Motion re: [23] MOTION to Dismiss . . Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit Exhibit 1 - Am. Compl. in FLSD).(Cheng, He) |
| Jun 29, 2022 | 27 | Response in Opposition to Motion (Exhibit Exhibit 1 - Am. Compl. in FLSD) (26) Docket Text: RESPONSE in Opposition to Motion re: [23] MOTION to Dismiss . . Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit Exhibit 1 - Am. Compl. in FLSD).(Cheng, He) |
| Jun 20, 2022 | 26 | Memo Endorsement (3) Docket Text: MEMO ENDORSEMENT on re: [25] Status Report filed by Daka Research Inc.. ENDORSEMENT: The Initial Pre-Trial Conference currently scheduled for Friday, June 24, 2022, at 2:00 p.m. is hereby ADJOURNED until July 22, 2022, at 10:00 a.m. Pre-conference submissions are due not later than July 14, 2022. SO ORDERED. ( Initial Conference set for 7/22/2022 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 6/20/2022) (tg) |
| Jun 17, 2022 | 25 | Status Report (2) Docket Text: STATUS REPORT. Joint Status Report Document filed by Daka Research Inc...(Cheng, He) |
| Jun 15, 2022 | 23 | Motion to Dismiss (1) Docket Text: MOTION to Dismiss . Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. Responses due by 6/30/2022.(Urbanczyk, Adam) |
| Jun 15, 2022 | 24 | Memorandum of Law in Support of Motion (Main Document) (8) Docket Text: MEMORANDUM OF LAW in Support re: [23] MOTION to Dismiss . . Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Errata Unreported Opinions).(Urbanczyk, Adam) |
| Jun 15, 2022 | 24 | Memorandum of Law in Support of Motion (Exhibit 1) (27) Docket Text: MEMORANDUM OF LAW in Support re: [23] MOTION to Dismiss . . Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Errata Unreported Opinions).(Urbanczyk, Adam) |
| Jun 15, 2022 | 24 | Memorandum of Law in Support of Motion (Exhibit 2) (30) Docket Text: MEMORANDUM OF LAW in Support re: [23] MOTION to Dismiss . . Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Errata Unreported Opinions).(Urbanczyk, Adam) |
| Jun 15, 2022 | 24 | Memorandum of Law in Support of Motion (Errata Unreported Opinions) (30) Docket Text: MEMORANDUM OF LAW in Support re: [23] MOTION to Dismiss . . Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Errata Unreported Opinions).(Urbanczyk, Adam) |
| Jun 8, 2022 | N/A | Notice Regarding Pro Hac Vice Motion (0) Docket Text: >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [21] MOTION for Adam Edward Urbanczyk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26245333. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Jun 8, 2022 | 22 | Order on Motion to Appear Pro Hac Vice (1) Docket Text: MEMO ENDORSEMENT granting [21] Motion for Adam Edward Urbanczyk to Appear Pro Hac Vice. ENDORSEMENT: IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the local rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Valerie E. Caproni on 6/8/2022) (tg) |
| Jun 7, 2022 | 21 | Motion to Appear Pro Hac Vice (Main Document) (1) Docket Text: MOTION for Adam Edward Urbanczyk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26245333. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Attachments: # (1) Affidavit of Adam E. Urbanczyk, # (2) Exhibit Certificates of Good Standing, # (3) Text of Proposed Order re: admission pro hac vice).(Urbanczyk, Adam) |
| Jun 7, 2022 | 21 | Motion to Appear Pro Hac Vice (Affidavit of Adam E. Urbanczyk) (2) Docket Text: MOTION for Adam Edward Urbanczyk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26245333. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Attachments: # (1) Affidavit of Adam E. Urbanczyk, # (2) Exhibit Certificates of Good Standing, # (3) Text of Proposed Order re: admission pro hac vice).(Urbanczyk, Adam) |
| Jun 7, 2022 | 21 | Motion to Appear Pro Hac Vice (Exhibit Certificates of Good Standing) (3) Docket Text: MOTION for Adam Edward Urbanczyk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26245333. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Attachments: # (1) Affidavit of Adam E. Urbanczyk, # (2) Exhibit Certificates of Good Standing, # (3) Text of Proposed Order re: admission pro hac vice).(Urbanczyk, Adam) |
| Jun 7, 2022 | 21 | Motion to Appear Pro Hac Vice (Text of Proposed Order re: admission pro hac vice) (1) Docket Text: MOTION for Adam Edward Urbanczyk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26245333. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Attachments: # (1) Affidavit of Adam E. Urbanczyk, # (2) Exhibit Certificates of Good Standing, # (3) Text of Proposed Order re: admission pro hac vice).(Urbanczyk, Adam) |
| May 31, 2022 | N/A | Set/Reset Deadlines (0) Docket Text: Set/Reset Deadlines: Responses due by 6/30/2022 Replies due by 7/14/2022. (rro) |
| May 31, 2022 | 19 | Order on Motion for Preliminary Injunction (2) Docket Text: MEMO ENDORSEMENT with respect to [16] Motion for Preliminary Injunction. ENDORSEMENT: Defendants must respond to Plaintiff's motion not later than June 30, 2022 and Plaintiff must file its reply not later than July 14, 2022. Plaintiff must serve this order on Defendants and note service on the Docket not later than June 3, 2022. (Signed by Judge Valerie E. Caproni on 5/31/2022) (rro) |
| May 31, 2022 | 20 | Certificate of Service Other (1) Docket Text: CERTIFICATE OF SERVICE of Motion for Preliminary Injunction [Dkt. No. 16], Memorandum of Law in Support of Motion for Preliminary Injunction [Dkt. No. 17], Declaration of Fuliang Tang in Support of Motion for Preliminary Injunction [Dkt. No. 18] and Memo Endorsement with respect to Motion for Preliminary Injunction [Dkt. No. 19] served on Shenzhen Bali Electronic Technology Co., Ltd. Storefront and bad87hs Storefront on May 31, 2022. Service was made by Methods of alternative service authorized by the Court's Order. Document filed by Daka Research Inc...(Wang, Wei) |
| May 27, 2022 | 16 | Motion for Preliminary Injunction (2) Docket Text: MOTION for Preliminary Injunction . Document filed by Daka Research Inc...(Cheng, He) |
| May 27, 2022 | 17 | Memorandum of Law in Support of Motion (Main Document) (6) Docket Text: MEMORANDUM OF LAW in Support re: [16] MOTION for Preliminary Injunction . . Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit Email Exhibit 1, # (2) Exhibit Email Exhibit 2, # (3) Exhibit Email Exhibit 3, # (4) Exhibit Screenshots on May 27).(Cheng, He) |
| May 27, 2022 | 17 | Memorandum of Law in Support of Motion (Exhibit Email Exhibit 1) (6) Docket Text: MEMORANDUM OF LAW in Support re: [16] MOTION for Preliminary Injunction . . Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit Email Exhibit 1, # (2) Exhibit Email Exhibit 2, # (3) Exhibit Email Exhibit 3, # (4) Exhibit Screenshots on May 27).(Cheng, He) |
| May 27, 2022 | 17 | Memorandum of Law in Support of Motion (Exhibit Email Exhibit 2) (10) Docket Text: MEMORANDUM OF LAW in Support re: [16] MOTION for Preliminary Injunction . . Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit Email Exhibit 1, # (2) Exhibit Email Exhibit 2, # (3) Exhibit Email Exhibit 3, # (4) Exhibit Screenshots on May 27).(Cheng, He) |
| May 27, 2022 | 17 | Memorandum of Law in Support of Motion (Exhibit Email Exhibit 3) (2) Docket Text: MEMORANDUM OF LAW in Support re: [16] MOTION for Preliminary Injunction . . Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit Email Exhibit 1, # (2) Exhibit Email Exhibit 2, # (3) Exhibit Email Exhibit 3, # (4) Exhibit Screenshots on May 27).(Cheng, He) |
| May 27, 2022 | 17 | Memorandum of Law in Support of Motion (Exhibit Screenshots on May 27) (28) Docket Text: MEMORANDUM OF LAW in Support re: [16] MOTION for Preliminary Injunction . . Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit Email Exhibit 1, # (2) Exhibit Email Exhibit 2, # (3) Exhibit Email Exhibit 3, # (4) Exhibit Screenshots on May 27).(Cheng, He) |
| May 27, 2022 | 18 | Declaration in Support of Motion (Main Document) (6) Docket Text: DECLARATION of Fuliang Tang in Support re: [16] MOTION for Preliminary Injunction .. Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit D594,303 Patent).(Cheng, He) |
| May 27, 2022 | 18 | Declaration in Support of Motion (Exhibit D594,303 Patent) (8) Docket Text: DECLARATION of Fuliang Tang in Support re: [16] MOTION for Preliminary Injunction .. Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit D594,303 Patent).(Cheng, He) |
| May 25, 2022 | 15 | Certificate of Service Complaints (1) Docket Text: CERTIFICATE OF SERVICE. Shenzhen Bali Electronic Technology Co., Ltd. Storefront served on 5/25/2022, answer due 6/15/2022; bad87hs Storefront served on 5/25/2022, answer due 6/15/2022. Service was made by Methods of alternative service authorized by the Court's Order. Document filed by Daka Research Inc...(Wang, Wei) |
| May 24, 2022 | N/A | Notice to Court Regarding Proposed Order (0) Docket Text: ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [13] Proposed Order was reviewed and approved as to form. (vba) |
| May 24, 2022 | 13 | Proposed Order (2) Docket Text: PROPOSED ORDER. Document filed by Daka Research Inc.. Related Document Number: [11]..(Cheng, He) Proposed Order to be reviewed by Clerk's Office staff. |
| May 24, 2022 | 14 | Order on Motion for Service by Publication (2) Docket Text: ORDER GRANTING PLAINTIFF MOTION FOR SERVICE OF PROCESS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 4(f)(3) granting [11] MOTION for Service by Publication and by email pursuant to Fed. R. Civ. P. 4(f)(3). Accordingly, it is ORDERED that Plaintiffs Motion for Service of Process on Defendant Pursuant to Federal Rule of Civil Procedure 4(f)(3) is hereby GRANTED. Plaintiffs shall serve the Complaint, Summons, and all future filings in this action upon each Defendant (1) via sending a copy of the Complaint, Summonses, and all other relevant filings through email and/or Amazon's Buyer-Seller Messaging Service; and/or (2) via website publication by posting a copy of the Complaint, Summonses, and all other relevant filings on a designated webpage; and by providing the designated webpage to Defendant through email and/or Amazon's Buyer-Seller Messaging Service. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/24/2022) Copies provided to: Counsel of record via CM/ECF (jca) |
| May 23, 2022 | 11 | Motion for Service by Publication (Main Document) (6) Docket Text: MOTION for Service by Publication and by email pursuant to Fed. R. Civ. P. 4(f)(3). Document filed by Daka Research Inc.. Return Date set for 5/31/2022 at 11:00 AM. (Attachments: # (1) Exhibit Email Communication).(Cheng, He) |
| May 23, 2022 | 11 | Motion for Service by Publication (Exhibit Email Communication) (3) Docket Text: MOTION for Service by Publication and by email pursuant to Fed. R. Civ. P. 4(f)(3). Document filed by Daka Research Inc.. Return Date set for 5/31/2022 at 11:00 AM. (Attachments: # (1) Exhibit Email Communication).(Cheng, He) |
| May 23, 2022 | 12 | Declaration in Support of Motion (Main Document) (2) Docket Text: DECLARATION of He Cheng in Support re: [11] MOTION for Service by Publication and by email pursuant to Fed. R. Civ. P. 4(f)(3).. Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit Amazons Buyer-Seller Messaging FAQ).(Cheng, He) |
| May 23, 2022 | 12 | Declaration in Support of Motion (Exhibit Amazons Buyer-Seller Messaging FAQ) (7) Docket Text: DECLARATION of He Cheng in Support re: [11] MOTION for Service by Publication and by email pursuant to Fed. R. Civ. P. 4(f)(3).. Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit Amazons Buyer-Seller Messaging FAQ).(Cheng, He) |
| Apr 22, 2022 | 10 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Wei Wang on behalf of Daka Research Inc...(Wang, Wei) |
| Apr 21, 2022 | 9 | Order for Initial Pretrial Conference (3) Docket Text: NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on June 24, 2022 at 2:00 p.m. by teleconference. At the scheduled time, counsel for all parties should call 888- 363-4749, Access code 3121171#, Security code 3150. Initial Conference set for 6/24/2022 at 02:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/21/2022) (kv) |
| Apr 19, 2022 | N/A | Case Opening Initial Assignment Notice (0) Docket Text: CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj) |
| Apr 19, 2022 | N/A | Case Designation (0) Docket Text: Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) |
| Apr 19, 2022 | N/A | Case Designated ECF (0) Docket Text: Case Designated ECF. (sj) |
| Apr 19, 2022 | 7 | Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (sj) |
| Apr 19, 2022 | 8 | Mail Patent Form (case opening) (1) Docket Text: AO 120 FORM PATENT - CASE OPENING - 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 court action has been 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)..(sj) |
| Apr 18, 2022 | 1 | Complaint* (1) |
| Apr 18, 2022 | 1 | Complaint (Main Document) (6) Docket Text: COMPLAINT against Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Filing Fee $ 402.00, Receipt Number ANYSDC-26019307)Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit Infringing Products by Bali, # (2) Exhibit Infringing Products by Bad87hs, # (3) Exhibit D'303 Patent).(Cheng, He) |
| Apr 18, 2022 | 1 | Complaint (Exhibit Infringing Products by Bali) (7) Docket Text: COMPLAINT against Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Filing Fee $ 402.00, Receipt Number ANYSDC-26019307)Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit Infringing Products by Bali, # (2) Exhibit Infringing Products by Bad87hs, # (3) Exhibit D'303 Patent).(Cheng, He) |
| Apr 18, 2022 | 1 | Complaint (Exhibit Infringing Products by Bad87hs) (14) Docket Text: COMPLAINT against Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Filing Fee $ 402.00, Receipt Number ANYSDC-26019307)Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit Infringing Products by Bali, # (2) Exhibit Infringing Products by Bad87hs, # (3) Exhibit D'303 Patent).(Cheng, He) |
| Apr 18, 2022 | 1 | Complaint (Exhibit D'303 Patent) (8) Docket Text: COMPLAINT against Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Filing Fee $ 402.00, Receipt Number ANYSDC-26019307)Document filed by Daka Research Inc.. (Attachments: # (1) Exhibit Infringing Products by Bali, # (2) Exhibit Infringing Products by Bad87hs, # (3) Exhibit D'303 Patent).(Cheng, He) |
| Apr 18, 2022 | 2 | Civil Cover Sheet (2) Docket Text: CIVIL COVER SHEET filed..(Cheng, He) |
| Apr 18, 2022 | 3 | Rule 7.1 Corporate Disclosure Statement (2) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Daka Research Inc...(Cheng, He) |
| Apr 18, 2022 | 4 | AO 120 Form Patent/Trademark - Notice of Submission by Attorney (1) Docket Text: AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Cheng, He) |
| Apr 18, 2022 | 5 | Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront, re: [1] Complaint,. Document filed by Daka Research Inc...(Cheng, He) |
| Apr 18, 2022 | 6 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Tao Liu on behalf of Daka Research Inc...(Liu, Tao) |
