Case number 3:20-cv-04768
Ebates Performance Marketing, Inc et al v. MyMail, Ltd. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jul 21, 2020 | 12 | Clerk's Notice of Impending Reassignment (1) Docket Text: CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 7/21/2020) |
| Jul 21, 2020 | 13 | Initial Case Management Scheduling Order with ADR Deadlines (2) Docket Text: Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/9/2020. Initial Case Management Conference set for 10/16/2020 at 2:00 PM in San Francisco, Courtroom F, 15th Floor. (wsnS, COURT STAFF) (Filed on 7/21/2020) 14 Filed & Entered: 07/21/2020 Summons Issued Docket Text: Summons Issued as to MyMail, Ltd. (hdjS, COURT STAFF) (Filed on 7/21/2020) Filed & Entered: 07/22/2020 Electronic Filing Error Docket Text: Electronic filing error. Filings will not be processed by the clerks office. Please re-file in entirety re: [10] MOTION for leave to appear in Pro Hac Vice for Vimal Kapadia, [11] MOTION for leave to appear in Pro Hac Vice for Elana B. Araj, [9] MOTION for leave to appear in Pro Hac Vice for Allan A. Kassenoff, [8] MOTION for leave to appear in Pro Hac Vice for Joshua L. Raskin. ***Copy of certificate of good standing not attached; ECF login and password for attorney seeking to be admitted not used to file application. See Pro Hac Vice Admission Procedures on USDC website.*** (kcS, COURT STAFF) (Filed on 7/22/2020) 15 Filed & Entered: 07/22/2020 Order Docket Text: ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Phyllis J. Hamilton for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to the case.. Signed by The Clerk on 7/22/20. (haS, COURT STAFF) (Filed on 7/22/2020) 16 Filed & Entered: 07/22/2020 Order Docket Text: ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 11/5/2020. Initial Case Management Conference set for 11/12/2020 at 02:00 PM in Oakland, Courtroom 3, 3rd Floor. Signed by Judge Phyllis J. Hamilton on 7/22/2020. (kcS, COURT STAFF) (Filed on 7/22/2020) 17 Filed & Entered: 07/23/2020Terminated: 07/23/2020 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice re: Joshua L. Raskin- CORRECTION OF DOCKET # [8] ( Filing fee $ 310, receipt number 0971-14713162.) Filing fee previously paid on 7/20/2020 filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Raskin, Joshua) (Filed on 7/23/2020) Modified on 7/24/2020 (ajsS, COURT STAFF). 18 Filed & Entered: 07/23/2020Terminated: 07/23/2020 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice re: Allan A. Kassenoff CORRECTION OF DOCKET # [9] ( Filing fee $ 310, receipt number 0971-14713225.) Filing fee previously paid on 7/20/2020 filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Kassenoff, Allan) (Filed on 7/23/2020) Modified on 7/24/2020 (ajsS, COURT STAFF). 19 Filed & Entered: 07/23/2020Terminated: 07/23/2020 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice re: Elana B. Araj CORRECTION OF DOCKET # [11] ( Filing fee $ 310, receipt number 0971-14713287.) Filing fee previously paid on 7/20/2020 filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Araj, Elana) (Filed on 7/23/2020) Modified on 7/24/2020 (ajsS, COURT STAFF). 20 Filed & Entered: 07/23/2020 Order on Motion for Pro Hac Vice Docket Text: ORDER by Judge Phyllis J. Hamilton granting [17] Motion for Pro Hac Vice as to Joshua L. Raskin. (kcS, COURT STAFF) (Filed on 7/23/2020) 21 Filed & Entered: 07/23/2020 Order on Motion for Pro Hac Vice Docket Text: ORDER by Judge Phyllis J. Hamilton granting [18] Motion for Pro Hac Vice as to Allan A. Kassenoff. (kcS, COURT STAFF) (Filed on 7/23/2020) 22 Filed & Entered: 07/23/2020Terminated: 07/24/2020 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice re: Vimal Kapadia - CORRECTION OF DOCKET # [10] ( Filing fee $ 310, receipt number 0971-14713262.) Filing fee previously paid on 7/20/2020 filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Kapadia, Vimal) (Filed on 7/23/2020) Modified on 7/24/2020 (ajsS, COURT STAFF). 23 Filed & Entered: 07/23/2020 Order on Motion for Pro Hac Vice Docket Text: ORDER by Judge Phyllis J. Hamilton granting [19] Motion for Pro Hac Vice as to Elana B. Araj. (kcS, COURT STAFF) (Filed on 7/23/2020) 24 Filed & Entered: 07/24/2020 Order on Motion for Pro Hac Vice Docket Text: ORDER by Judge Phyllis J. Hamilton granting [22] Motion for Pro Hac Vice as to Vimal Kapadia. (kcS, COURT STAFF) (Filed on 7/24/2020) 25 Filed & Entered: 07/29/2020 Certificate of Service Docket Text: CERTIFICATE OF SERVICE by Cartera Commerce, Inc., Ebates Performance Marketing, Inc (Brown, Nicholas) (Filed on 7/29/2020) 26 Filed & Entered: 07/30/2020 Order Docket Text: Order Relating Cases. Signed by Judge Lucy H. Koh on 07/30/2020. (lhklc4, COURT STAFF) (Filed on 7/30/2020) 27 Filed & Entered: 07/30/2020 Order Reassigning Case Docket Text: ORDER REASSIGNING CASE. Case reassigned to Judge Lucy H. Koh for all further proceedings re Order Relating Cases. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Judge Phyllis J. Hamilton no longer assigned to case,. (Attachments: # (1) Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 7/30/2020) Filed & Entered: 08/03/2020 Set Deadlines/Hearings Docket Text: ***Set Deadlines/Hearings per [26] Order Relating Cases: Initial Case Management Conference set for 10/21/2020 at 2:00 PM in San Jose, Courtroom 8, 4th Floor. Case Management Statement due by 10/14/2020. (kedS, COURT STAFF) (Filed on 8/3/2020) 28 Filed & Entered: 08/14/2020Terminated: 01/13/2021 Motion to Dismiss Docket Text: MOTION to Dismiss the Complaint filed by MyMail, Ltd.. Motion Hearing set for 9/10/2020 01:30 PM in San Jose, Chambers before Judge Lucy H. Koh. Responses due by 8/28/2020. Replies due by 9/4/2020. (Attachments: # (1) Errata Memorandum of Law in Support of Motion to Dismiss, # (2) Declaration Declaration of Chris Michaels in Support of Motion to Dismiss, # (3) Exhibit Defendant's Exhibit A in Support of Motion to Dismiss, # (4) Proposed Order Proposed Order Dismissing the Complaint)(Gibbons, Peter) (Filed on 8/14/2020) 29 Filed & Entered: 08/17/2020 Declaration in Support Docket Text: Declaration of Peter Gibbons in Support of [28] MOTION to Dismiss the Complaint Correction and Supplement to Motion to Dismiss filed byMyMail, Ltd.. (Attachments: # (1) Supplement Corrected Memorandum of Law in Support of Motion to Dismiss the Complaint, # (2) Exhibit Exhibit B in Support of Motion to Dismiss the Complaint)(Related document(s)[28]) (Gibbons, Peter) (Filed on 8/17/2020) 30 Filed & Entered: 08/18/2020 Clerk's Notice Docket Text: **CLERK'S NOTICE** Hearing on [28] MOTION to Dismiss the Complaint is CONTINUED from 9/10/2020 to 12/17/2020 at 1:30 PM in San Jose, California, Courtroom 8, 4th Floor before the Honorable Lucy H. Koh. The 9/10/2020 hearing date was not cleared with the Courtroom Deputy Clerk prior to filing. Please see the Honorable Lucy H. Koh's Scheduling Notes at https://www.cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 8/18/2020) 31 Filed & Entered: 08/25/2020 Notice (Other) Docket Text: NOTICE by Cartera Commerce, Inc., Ebates Performance Marketing, Inc re [26] Order (Notice of Intent To File Opposition To Motion To Vacate Order Relating Cases) (Brown, Nicholas) (Filed on 8/25/2020) 32 Filed & Entered: 08/28/2020 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [28] MOTION to Dismiss the Complaint ) PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS THE COMPLAINT UNDER 28 U.S.C. § 2201 AND FRCP RULE 4(k) (as Revised 8/17/20) filed byEbates Performance Marketing, Inc. (Attachments: # (1) Declaration DECLARATION OF JOSHUA L. RASKIN, # (2) Proposed Order)(Brown, Nicholas) (Filed on 8/28/2020) 33 Filed & Entered: 09/08/2020 Notice (Other) Docket Text: NOTICE by Cartera Commerce, Inc., Ebates Performance Marketing, Inc Opposition to MyMail's Motion To Vacate Order Relating Cases (filed in 17-cv-04488-LHK) (Attachments: # (1) Proposed Order)(Brown, Nicholas) (Filed on 9/8/2020) 34 Filed & Entered: 09/11/2020 Reply to Opposition/Response Docket Text: REPLY (re [28] MOTION to Dismiss the Complaint ) Reply to Plaintiffs' Opposition to Defendant's Motion to Dismiss, filed byMyMail, Ltd.. (Gibbons, Peter) (Filed on 9/11/2020) 35 Filed & Entered: 09/14/2020Terminated: 01/13/2021 Motion to Strike Docket Text: MOTION to Strike [34] Reply to Opposition/Response Plaintiffs' Motion to Strike Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion to Dismiss the Complaint Under 28 U.S.C. section 2201 and FRCP Rule 4(k) (as Revised 8/17/20) filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. Motion Hearing set for 12/17/2020 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 9/28/2020. Replies due by 10/5/2020. (Attachments: # (1) Proposed Order)(Brown, Nicholas) (Filed on 9/14/2020) 36 Filed & Entered: 09/15/2020Terminated: 01/13/2021 Motion for Extension of Time to File Docket Text: MOTION for Extension of Time to File Reply to Oppsition to Motion to Dismiss filed by MyMail, Ltd.. (Attachments: # (1) Declaration of Peter Gibbons in Support of Motion to Extend Time, # (2) Certificate/Proof of Service, # (3) Proposed Order Granting Motion to Extend Time)(Gibbons, Peter) (Filed on 9/15/2020) 37 Filed & Entered: 09/28/2020 Statement Docket Text: MyMall Rule 7.1 Disclosure of Interested 3rd Party Entities or Persons by MyMail, Ltd.. (Gibbons, Peter) (Filed on 9/28/2020) Modified text on 9/29/2020 (dhmS, COURT STAFF). Filed & Entered: 09/29/2020 Electronic Filing Error Docket Text: Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re:[37] Statement filed by MyMail, Ltd. (dhmS, COURT STAFF) (Filed on 9/29/2020) 38 Filed & Entered: 09/29/2020 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options Docket Text: ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Raskin, Joshua) (Filed on 9/29/2020) 39 Filed & Entered: 09/29/2020 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [36] MOTION for Extension of Time to File Reply to Oppsition to Motion to Dismiss ) Statement of Non-Opposition filed byCartera Commerce, Inc., Ebates Performance Marketing, Inc. (Raskin, Joshua) (Filed on 9/29/2020) 40 Filed & Entered: 09/30/2020 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options Docket Text: ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options LRC 3-5 Certification by counsel (Gibbons, Peter) (Filed on 9/30/2020) 41 Filed & Entered: 10/02/2020 Joint Case Management Statement Docket Text: JOINT CASE MANAGEMENT STATEMENT filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Raskin, Joshua) (Filed on 10/2/2020) 42 Filed & Entered: 10/13/2020 Case Management Statement Docket Text: CASE MANAGEMENT STATEMENT CORRECTED filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Raskin, Joshua) (Filed on 10/13/2020) 43 Filed & Entered: 10/15/2020 Order Docket Text: Case Management Order. Signed by Judge Lucy H. Koh on 10/15/2020. (lhklc2, COURT STAFF) (Filed on 10/15/2020) Filed & Entered: 10/16/2020 Set Deadlines/Hearings Docket Text: ***Set Deadlines/Hearings per [43] Case Management Order: Case Management Conference CONTINUED from 10/21/2020 to 1/27/2021 at 2:00 PM in San Jose, Courtroom 8, 4th Floor. Case Management Statement due by 1/20/2021. (kedS, COURT STAFF) (Filed on 10/16/2020) 44 Filed & Entered: 12/07/2020 Clerk's Notice Docket Text: **CLERK'S NOTICE** VACATING Hearing on [28] MOTION to Dismiss and [35] MOTION to Strike. Matter to be determined on the papers without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 12/7/2020) 45 Filed & Entered: 01/13/2021 Order on Motion to Strike Docket Text: ORDER by Judge Lucy H. Koh denying [28] Motion to Dismiss; denying [35] Motion to Strike ; and granting [36] Motion for Extension of Time to File. (lhklc2, COURT STAFF) (Filed on 1/13/2021) 46 Filed & Entered: 01/20/2021 Joint Case Management Statement Docket Text: JOINT CASE MANAGEMENT STATEMENT filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Raskin, Joshua) (Filed on 1/20/2021) 47 Filed & Entered: 01/20/2021 Order Docket Text: Case Management Order. Signed by Judge Lucy H. Koh on 1/20/2021. (lhklc2, COURT STAFF) (Filed on 1/20/2021) Filed & Entered: 01/21/2021 Set Deadlines/Hearings Docket Text: ***Set Deadlines/Hearings per [47] Order: Further Case Management Conference SET for 4/28/2021 at 2:00 PM in San Jose, Courtroom 8, 4th Floor. Case Management Statement due by 4/21/2021. (kedS, COURT STAFF) (Filed on 1/21/2021) 48 Filed & Entered: 01/27/2021Terminated: 02/12/2021 Motion for Extension of Time to File Answer Docket Text: Emergency MOTION for Extension of Time to File Answer re [1] Complaint, and Cross-complaint, filed by MyMail, Ltd.. (Attachments: # (1) Declaration of Peter Gibbons in Support of Motion, # (2) Certificate/Proof of Service)(Gibbons, Peter) (Filed on 1/27/2021) 49 Filed & Entered: 02/03/2021 Answer to Complaint Docket Text: Defendant MyMail, Ltd.'s ANSWER to Complaint with Jury Demand filed byMyMail, Ltd.. (Attachments: # (1) Certificate/Proof of Service electronic)(Gibbons, Peter) (Filed on 2/3/2021) 50 Filed & Entered: 02/03/2021 Counterclaim Docket Text: First COUNTERCLAIM for declaratory relief and damages against All Plaintiffs. Filed byMyMail, Ltd.. (Attachments: # (1) Certificate/Proof of Service electronic)(Gibbons, Peter) (Filed on 2/3/2021) 51 Filed & Entered: 02/10/2021 Answer to to CounterClaim Docket Text: ANSWER TO COUNTERCLAIM [50] Counterclaim Ebates Performance Marketing, Inc. d/b/a Rakuten Rewards and Cartera Commerce, Inc.'s Answer to MyMail, Ltd.'s Counterclaims and Reply Counterclaims, COUNTERCLAIM against MyMail, Ltd. byEbates Performance Marketing, Inc, Cartera Commerce, Inc.. (Raskin, Joshua) (Filed on 2/10/2021) 52 Filed & Entered: 02/12/2021 Order on Motion for Extension of Time to Answer Docket Text: Order by Judge Lucy H. Koh granting [48] Motion for Extension of Time to File Answer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lhklc2, COURT STAFF) (Filed on 2/12/2021) 53 Filed & Entered: 02/16/2021Terminated: 02/19/2021 Motion for Protective Order Docket Text: MOTION for Protective Order Per. L.P.R. 2-2 filed by MyMail, Ltd.. Motion Hearing set for 5/7/2021 01:30 PM in San Jose, - To be determined before Judge Lucy H. Koh. Responses due by 3/2/2021. Replies due by 3/9/2021. (Attachments: # (1) Proposed Order, # (2) Certificate/Proof of Service)(Gibbons, Peter) (Filed on 2/16/2021) 54 Filed & Entered: 02/16/2021Terminated: 05/22/2021 Motion to Stay Docket Text: MOTION to Stay All Proceedings pending outcome of appeal filed by MyMail, Ltd.. Motion Hearing set for 5/7/2021 01:30 PM in San Jose, - To be determined before Judge Lucy H. Koh. Responses due by 3/2/2021. Replies due by 3/9/2021. (Attachments: # (1) Proposed Order, # (2) Certificate/Proof of Service)(Gibbons, Peter) (Filed on 2/16/2021) 55 Filed & Entered: 02/17/2021 Clerk's Notice Docket Text: CLERK'S NOTICE CORRECTING HEARING DATE ON [53], [54] MOTIONS. The hearing on [53] MOTION for Protective Order Per. L.P.R. 2-2 and [54] MOTION to Stay All Proceedings pending outcome of appeal is CONTINUED from May 7, 2021 to May 27, 2021 at 1:30 PM before Judge Lucy H. Koh. This Court hearings civil hearings on Thursdays at 1:30 PM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 2/17/2021) 56 Filed & Entered: 02/19/2021Terminated: 02/19/2021 Motion to Withdraw Docket Text: Notice of Withdrawal of Motion for Interim Protective Order Per. L.P.R. 2-2 [53] MOTION for Protective Order Per. L.P.R. 2-2 filed by MyMail, Ltd.. Motion Hearing set for 5/27/2021 01:30 PM in San Jose, - To be determined before Judge Lucy H. Koh. Responses due by 3/5/2021. Replies due by 3/12/2021. (Attachments: # (1) Certificate/Proof of Service)(Gibbons, Peter) (Filed on 2/19/2021) Modified on 2/22/2021 Incorrect event Selected When Posting Document (dhmS, COURT STAFF). 57 Filed & Entered: 02/22/2021 Order on Motion to Withdraw Docket Text: Order by Judge Lucy H. Koh granting [56] Motion to Withdraw [53] Motion for a Protective Order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lhklc2, COURT STAFF) (Filed on 2/22/2021) 58 Filed & Entered: 02/24/2021Terminated: 05/22/2021 Motion for Judgment on the Pleadings Docket Text: MOTION for Judgment on the Pleadings filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. Motion Hearing set for 6/17/2021 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 3/10/2021. Replies due by 3/17/2021. (Attachments: # (1) Proposed Order)(Raskin, Joshua) (Filed on 2/24/2021) 59 Filed & Entered: 02/24/2021 Declaration in Support Docket Text: Declaration of Joshua L. Raskin in Support of [58] MOTION for Judgment on the Pleadings filed byCartera Commerce, Inc., Ebates Performance Marketing, Inc. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Related document(s)[58]) (Raskin, Joshua) (Filed on 2/24/2021) 60 Filed & Entered: 02/24/2021 Answer to Counterclaim Docket Text: Defendant's ANSWER to Counterclaim of Plaintiffs byMyMail, Ltd.. (Attachments: # (1) Certificate/Proof of Service)(Gibbons, Peter) (Filed on 2/24/2021) 61 Filed & Entered: 03/02/2021Terminated: 05/22/2021 Administrative Motion to File Under Seal Docket Text: Administrative Motion to File Under Seal Plaintiffs' Administrative Motion to File Documents Under Seal filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Attachments: # (1) Declaration, # (2) Proposed Order, # (3) Unredacted Version of Exhibit 2, # (4) Unredacted Version of Exhibit 3, # (5) Unredacted Version of Exhibit 4, # (6) Redacted Version of Plaintiffs' Opposition to Defendant's Motion for Stay Pending Decision on Appeal, # (7) Unredacted Version of Plaintiffs' Opposition to Defendant's Motion for Stay Pending Decision on Appeal)(Raskin, Joshua) (Filed on 3/2/2021) 62 Filed & Entered: 03/02/2021 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [54] MOTION to Stay All Proceedings pending outcome of appeal ) Plaintiffs' Opposition to Defendant's Motion for Stay Pending Decision on Appeal [REDACTED] filed byCartera Commerce, Inc., Ebates Performance Marketing, Inc. (Attachments: # (1) Proposed Order, # (2) Declaration Declaration of Joshua L. Raskin in Support of Plaintiffs' Opposition, # (3) Exhibit 1, # (4) Exhibit 2 (Filed Under Seal), # (5) Exhibit 3 (Filed Under Seal), # (6) Exhibit 4 (Filed Under Seal))(Raskin, Joshua) (Filed on 3/2/2021) 63 Filed & Entered: 03/02/2021 Certificate of Service Docket Text: CERTIFICATE OF SERVICE by Cartera Commerce, Inc., Ebates Performance Marketing, Inc re [62] Opposition/Response to Motion,, (Raskin, Joshua) (Filed on 3/2/2021) 64 Filed & Entered: 03/29/2021 Notice (Other) Docket Text: NOTICE by MyMail, Ltd. re [58] MOTION for Judgment on the Pleadings Notice and Request for Scheduling Order in re Claim Construction (Attachments: # (1) Declaration, # (2) Exhibit, # (3) Certificate/Proof of Service)(Gibbons, Peter) (Filed on 3/29/2021) 65 Filed & Entered: 04/02/2021 Response ( Non Motion ) Docket Text: RESPONSE re [64] Notice (Other), Plaintiffs' Response to Defendant's Notice and Request for a Scheduling Order in Re Claim Construction and Plaintiffs' Request for Entry of an Order Granting Plaintiffs' Unopposed Motion for Judgment on the Pleadings by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Raskin, Joshua) (Filed on 4/2/2021) 66 Filed & Entered: 04/08/2021Terminated: 05/22/2021 Motion for Sanctions Docket Text: MOTION for Sanctions Plaintiffs' Motion for Sanctions filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. Motion Hearing set for 8/5/2021 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 4/22/2021. Replies due by 4/29/2021. (Attachments: # (1) Proposed Order)(Raskin, Joshua) (Filed on 4/8/2021) 67 Filed & Entered: 04/13/2021 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [66] MOTION for Sanctions Plaintiffs' Motion for Sanctions ) Opposition filed byMyMail, Ltd.. (Gibbons, Peter) (Filed on 4/13/2021) 68 Filed & Entered: 04/19/2021 Reply to Opposition/Response Docket Text: REPLY (re [66] MOTION for Sanctions Plaintiffs' Motion for Sanctions ) / PLAINTIFFS' REPLY IN FURTHER SUPPORT OF THEIR MOTION FOR SANCTIONS filed byCartera Commerce, Inc., Ebates Performance Marketing, Inc. (Raskin, Joshua) (Filed on 4/19/2021) 69 Filed & Entered: 04/21/2021 Case Management Statement Docket Text: CASE MANAGEMENT STATEMENT / JOINT CASE MANAGEMENT STATEMENT filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Raskin, Joshua) (Filed on 4/21/2021) Filed & Entered: 04/22/2021 Set Deadlines/Hearings Docket Text: ***Set Deadlines/Hearings per [70] Order: Further Case Management Conference CONTINUED from 4/28/2021 to 7/28/2021 at 2:00 PM before Judge Lucy H. Koh. Case Management Statement due by 7/21/2021. (kedS, COURT STAFF) (Filed on 4/22/2021) 70 Filed & Entered: 04/22/2021 Order Docket Text: Case Management Order. Signed by Judge Lucy H. Koh on 4/22/2021. (lhklc2, COURT STAFF) (Filed on 4/22/2021) 71 Filed & Entered: 05/22/2021 Order on Motion to Stay Docket Text: Order by Judge Lucy H. Koh Granting [54] Motion to Stay.(lhklc2, COURT STAFF) (Filed on 5/22/2021) 72 Filed & Entered: 06/24/2021Terminated: 08/23/2021 Motion for Extension of Time to File Docket Text: MOTION for Extension of Time to File Opposition to Plaintiffs' Motion for Judgment on the Pleadings filed by MyMail, Ltd.. (Attachments: # (1) Certificate/Proof of Service)(Gibbons, Peter) (Filed on 6/24/2021) 73 Filed & Entered: 07/08/2021 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [72] MOTION for Extension of Time to File Opposition to Plaintiffs' Motion for Judgment on the Pleadings ) Plaintiffs' Opposition to Defendant's Motion for Leave to File Opposition Out of Time filed byCartera Commerce, Inc., Ebates Performance Marketing, Inc. (Raskin, Joshua) (Filed on 7/8/2021) 74 Filed & Entered: 07/12/2021Terminated: 08/23/2021 Motion for Extension of Time to File Response/Reply Docket Text: MOTION for Extension of Time to File Response/Reply as to [72] MOTION for Extension of Time to File Opposition to Plaintiffs' Motion for Judgment on the Pleadings, [73] Opposition/Response to Motion, Reply to Plaintiffs' Opposition filed by MyMail, Ltd.. (Attachments: # (1) Certificate/Proof of Service)(Gibbons, Peter) (Filed on 7/12/2021) 75 Filed & Entered: 08/23/2021 Order on Motion for Extension of Time to File Docket Text: Order by Judge Lucy H. Koh Lifting Stay and Denying [72] Motion for Extension of Time to File Opposition.(lhklc2, COURT STAFF) (Filed on 8/23/2021) 76 Filed & Entered: 08/30/2021Terminated: 08/30/2021 Motion for Judgment on the Pleadings Docket Text: Joint Statement Regarding [58] Plaintiffs' MOTION for Judgment on the Pleadings filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc, MyMail, Ltd. (Raskin, Joshua) (Filed on 8/30/2021) Modified text on 8/30/2021 (dhmS, COURT STAFF). 77 Filed & Entered: 09/07/2021 Response Docket Text: Response Opposition to Doc. 58 Motion for Judgment on the Pleadings byMyMail, Ltd.. (Attachments: # (1) Certificate/Proof of Service)(Gibbons, Peter) (Filed on 9/7/2021) 78 Filed & Entered: 09/23/2021 Clerk's Notice Docket Text: CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Pursuant to this notice, a Case Management Conference is SET for Wednesday, October 20, 2021 at 2:00 PM before Judge Lucy H. Koh. A Joint Case Management Statement is due October 13, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 9/23/2021) 79 Filed & Entered: 10/01/2021Terminated: 10/01/2021 Stipulation Docket Text: STIPULATION OF DISMISSAL by Ebates Performance Marketing, Inc (Raskin, Joshua) (Filed on 10/1/2021) Modified on 10/4/2021 (msrS, COURT STAFF). |
| Jul 20, 2020 | 7 | Consent/Declination to Proceed Before a US Magistrate Judge (1) Docket Text: CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Cartera Commerce, Inc., Ebates Performance Marketing, Inc.. (Brown, Nicholas) (Filed on 7/20/2020) |
| Jul 20, 2020 | 8 | Motion for Pro Hac Vice (1) Docket Text: MOTION for leave to appear in Pro Hac Vice for Joshua L. Raskin ( Filing fee $ 310, receipt number 0971-14713162.) filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Brown, Nicholas) (Filed on 7/20/2020) |
| Jul 20, 2020 | 9 | Motion for Pro Hac Vice (1) Docket Text: MOTION for leave to appear in Pro Hac Vice for Allan A. Kassenoff ( Filing fee $ 310, receipt number 0971-14713225.) filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Brown, Nicholas) (Filed on 7/20/2020) |
| Jul 20, 2020 | 10 | Motion for Pro Hac Vice (1) Docket Text: MOTION for leave to appear in Pro Hac Vice for Vimal Kapadia ( Filing fee $ 310, receipt number 0971-14713262.) filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Brown, Nicholas) (Filed on 7/20/2020) |
| Jul 20, 2020 | 11 | Motion for Pro Hac Vice (1) Docket Text: MOTION for leave to appear in Pro Hac Vice for Elana B. Araj ( Filing fee $ 310, receipt number 0971-14713287.) filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Brown, Nicholas) (Filed on 7/20/2020) |
| Jul 17, 2020 | N/A | Case Assigned by Intake (0) Docket Text: Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/31/2020. (mbcS, COURT STAFF) (Filed on 7/17/2020) |
| Jul 16, 2020 | 1 | Complaint (Main Document) (12) Docket Text: COMPLAINT for Declaratory Judgment of Non-Infringement against MyMail, Ltd. ( Filing fee $ 400, receipt number 0971-14700000.). Filed byEbates Performance Marketing, Inc, Cartera Commerce, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Civil Cover Sheet)(Brown, Nicholas) (Filed on 7/16/2020) |
| Jul 16, 2020 | 1 | Complaint (Exhibit 1) (30) Docket Text: COMPLAINT for Declaratory Judgment of Non-Infringement against MyMail, Ltd. ( Filing fee $ 400, receipt number 0971-14700000.). Filed byEbates Performance Marketing, Inc, Cartera Commerce, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Civil Cover Sheet)(Brown, Nicholas) (Filed on 7/16/2020) |
| Jul 16, 2020 | 1 | Complaint (Exhibit 2) (30) Docket Text: COMPLAINT for Declaratory Judgment of Non-Infringement against MyMail, Ltd. ( Filing fee $ 400, receipt number 0971-14700000.). Filed byEbates Performance Marketing, Inc, Cartera Commerce, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Civil Cover Sheet)(Brown, Nicholas) (Filed on 7/16/2020) |
| Jul 16, 2020 | 1 | Complaint (Exhibit 3) (30) Docket Text: COMPLAINT for Declaratory Judgment of Non-Infringement against MyMail, Ltd. ( Filing fee $ 400, receipt number 0971-14700000.). Filed byEbates Performance Marketing, Inc, Cartera Commerce, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Civil Cover Sheet)(Brown, Nicholas) (Filed on 7/16/2020) |
| Jul 16, 2020 | 1 | Complaint (Exhibit 4) (30) Docket Text: COMPLAINT for Declaratory Judgment of Non-Infringement against MyMail, Ltd. ( Filing fee $ 400, receipt number 0971-14700000.). Filed byEbates Performance Marketing, Inc, Cartera Commerce, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Civil Cover Sheet)(Brown, Nicholas) (Filed on 7/16/2020) |
| Jul 16, 2020 | 1 | Complaint (Exhibit 5) (30) Docket Text: COMPLAINT for Declaratory Judgment of Non-Infringement against MyMail, Ltd. ( Filing fee $ 400, receipt number 0971-14700000.). Filed byEbates Performance Marketing, Inc, Cartera Commerce, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Civil Cover Sheet)(Brown, Nicholas) (Filed on 7/16/2020) |
| Jul 16, 2020 | 1 | Complaint (Exhibit 6) (30) Docket Text: COMPLAINT for Declaratory Judgment of Non-Infringement against MyMail, Ltd. ( Filing fee $ 400, receipt number 0971-14700000.). Filed byEbates Performance Marketing, Inc, Cartera Commerce, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Civil Cover Sheet)(Brown, Nicholas) (Filed on 7/16/2020) |
| Jul 16, 2020 | 1 | Complaint (Exhibit 7) (5) Docket Text: COMPLAINT for Declaratory Judgment of Non-Infringement against MyMail, Ltd. ( Filing fee $ 400, receipt number 0971-14700000.). Filed byEbates Performance Marketing, Inc, Cartera Commerce, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Civil Cover Sheet)(Brown, Nicholas) (Filed on 7/16/2020) |
| Jul 16, 2020 | 1 | Complaint (Civil Cover Sheet) (1) Docket Text: COMPLAINT for Declaratory Judgment of Non-Infringement against MyMail, Ltd. ( Filing fee $ 400, receipt number 0971-14700000.). Filed byEbates Performance Marketing, Inc, Cartera Commerce, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Civil Cover Sheet)(Brown, Nicholas) (Filed on 7/16/2020) |
| Jul 16, 2020 | 2 | Notice of Pendency of Other Action Involving Same Patent (2) Docket Text: NOTICE of Pendency of Other Action Involving Same Patent by Cartera Commerce, Inc., Ebates Performance Marketing, Inc (Brown, Nicholas) (Filed on 7/16/2020) |
| Jul 16, 2020 | 3 | Proposed Summons (1) Docket Text: Proposed Summons. (Brown, Nicholas) (Filed on 7/16/2020) |
| Jul 16, 2020 | 4 | Patent/Trademark Report (1) Docket Text: REPORT on the filing or determination of an action regarding a Patent or Trademark (cc: form mailed to register). (Brown, Nicholas) (Filed on 7/16/2020) |
| Jul 16, 2020 | 5 | Certificate of Interested Entities (3) Docket Text: Rule 7.1 Disclosures by Cartera Commerce, Inc., Ebates Performance Marketing, Inc re [1] Complaint, (Brown, Nicholas) (Filed on 7/16/2020) |
| Jul 16, 2020 | 1 | Complaint* (1) |
