Case number 1:20-cv-01170
Noco Company, Inc. v. Zhejiang Quingyou Electronic Commerce Co., Ltd. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Sep 16, 2020 | 1 | Amended Complaint* (1) |
| May 28, 2020 | N/A | Utility Event (0) Docket Text: Judge Christopher A. Boyko assigned to case, Recused pursuant to Administrative Order 2019-30-2 (L,MI) |
| May 28, 2020 | N/A | Utility Event (0) Docket Text: Judge Pamela A. Barker assigned to case, Judge Christopher A. Boyko terminated. (L,MI) |
| May 28, 2020 | N/A | Random Assignment of Magistrate Judge (0) Docket Text: Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (L,MI) |
| May 28, 2020 | N/A | Link to Local Patent Rules (0) Docket Text: This action has been identified as a Patent Case that is subject to the Local Patent Rules. Link to Local Patent Rules. (L,MI) 1 Filed & Entered: 05/28/2020 Complaint Docket Text: Complaint with jury demand against Zhejiang Quingyou Electronic Commerce Co., Ltd.. Filing fee paid $ 400, Receipt number AOHNDC-10006775. Plaintiff has indicated that case may be related to pending civil action 20-cv-1166. Filed by The NOCO Company, Inc.. (Attachments: # (1) Exhibit '015 Patent, # (2) Exhibit User Guide, # (3) Civil Cover Sheet) (Akers, Patrick) 2 Filed & Entered: 05/28/2020 Report Regarding Patent or Trademark Action - AO120 Docket Text: Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by The NOCO Company, Inc.. (Akers, Patrick) 3 Filed & Entered: 05/28/2020 Corporate Disclosure Statement Docket Text: Corporate Disclosure Statement filed by The NOCO Company, Inc.. (Akers, Patrick) 4 Filed & Entered: 05/28/2020 Magistrate Consent Form Issued Docket Text: Magistrate Consent Form issued. Summons were not provided and were not issued. (L,MI) 5 Filed & Entered: 08/27/2020 Order to Show Cause Docket Text: Order to Show Cause: For the reasons set forth in this order, because there is nothing contained in the record that demonstrates why service upon Defendant Zhejiang Quingyou Electronic Commerce Co., Ltd. has not been completed within 90 days, the Court hereby notifies Plaintiff that unless good cause is shown for failure to serve Defendant Zhejiang Quingyou Electronic Commerce Co., Ltd. as provided under the Rules, the case will be dismissed without prejudice on September 17, 2020. Entered Judge Pamela A. Barker on 8/27/2020. (L,Ja) 6 Filed & Entered: 09/14/2020 Response Docket Text: Response to Show Cause Order filed by Noco Company, Inc.. Related document(s)[5]. (Akers, Patrick) 7 Filed & Entered: 09/14/2020Terminated: 09/15/2020 Motion to amend complaint Docket Text: Motion to amend complaint filed by Plaintiff Noco Company, Inc.. (Attachments: # (1) Exhibit Amended Complaint)(Akers, Patrick) Filed & Entered: 09/15/2020 Order on Motion to amend complaint Docket Text: Order [non-document] granting Plaintiff's Motion to amend complaint (Related Doc # [7]). Entered by Judge Pamela A. Barker on 9/15/2020.(L,Ja) 8 Filed & Entered: 09/16/2020 Amended complaint Docket Text: First Amended complaint for Patent Infringement against All Defendants and adding new party defendant(s) Shenzhen Aojie Technology Co., Ltd. and Shenzhen Shi Shenai Dianzishangwu Youxian Gongsi. Filed by Noco Company, Inc.. (Attachments: # (1) Exhibit '015 Patent, # (2) Exhibit User Guide) (Akers, Patrick) 9 Filed & Entered: 10/12/2020Terminated: 10/13/2020 Motion to withdraw as attorney Docket Text: Motion by Patrick R. Akers to withdraw as attorney filed by Plaintiff Noco Company, Inc.. (Akers, Patrick) Filed & Entered: 10/13/2020 Order on Motion to withdraw as attorney Docket Text: Order [non-document] granting Plaintiff's Motion to withdraw as attorney. Attorney Patrick R. Akers removed from case. (Related Doc # [9]). Entered by Judge Pamela A. Barker on 10/13/2020.(L,Ja) 10 Filed & Entered: 12/18/2020 Order Docket Text: Order: For the reasons set forth in this order, Plaintiff is ordered to file a Status Report within fourteen (14) days of the date of this Order describing the efforts it has undertaken to date to attempt service on the three named defendants in this action. Plaintiff is further ordered to advise what additional measures it proposes to ensure that service is perfected within a reasonable timeframe. Entered by Judge Pamela A. Barker on 12/18/2020. (L,Ja) 11 Filed & Entered: 12/29/2020 Status Report Docket Text: Status Report filed by Noco Company, Inc.. (Williams, Aaron) 12 Filed & Entered: 01/12/2021Terminated: 01/27/2021 Motion for leave Docket Text: Motion for leave to serve Defendants through alternative means filed by Plaintiff Noco Company, Inc.. (Williams, Aaron) 13 Filed & Entered: 01/12/2021 Affidavit/Declaration Docket Text: Affidavit/Declaration of Aaron M. Williams in Support of Plaintiff's Motion for Leave to Serve Defendants Through Alternative Means filed by Noco Company, Inc.. Related document(s)[12]. (Attachments: # (1) Exhibit Aojie's Business Name & Address as Posted on the Autown Direct Amazon Storefront, # (2) Exhibit Shenai's Name & Address as Posted on the Shenaius Amazon Storefront, # (3) Exhibit Business Report)(Williams, Aaron) 14 Filed & Entered: 01/27/2021 Memorandum Opinion and Order Docket Text: Memorandum Opinion and Order: For the reasons set forth in this Order, Plaintiff's Motion for Alternative Service (Doc. No. [12]) is GRANTED IN PART and DENIED WITHOUT PREJUDICE IN PART. Entered by Judge Pamela A. Barker on 1/27/2021. (P,K) 15 Filed & Entered: 02/01/2021Terminated: 02/03/2021 Motion for reconsideration Docket Text: Motion to reconsider that portion of the 01-27-2021 Order Denying Noco Leave to serve Defendant Shenzhen Aojie Technology Co., LTD through alternative means filed by Plaintiff Noco Company, Inc.. Related document(s)[14]. (Attachments: # (1) Exhibit Declaration of Anne Hurst in Support of Plaintiff's Motion to Reconsider)(Williams, Aaron) 16 Filed & Entered: 02/03/2021 Memorandum Opinion and Order Docket Text: Memorandum Opinion and Order: For the reasons set forth in this order, Plaintiff The Noco Company, Inc.'s "Motion to Reconsider that Portion of the 1-27-2021 Order Denying Noco Leave to Serve Defendant Shenzhen Aojie Technology, Ltd. through Alternative Means" (Doc. No. [15]) is GRANTED. Noco is ordered to serve Defendant Aojie through Amazon Message Center via AUTOWN Direct within fourteen (14) days of the date of this Order. Noco shall comply with Fed. R. Civ. P. 4 by providing proof of service once service is completed by the above approved means. In addition, the Court directs Noco to serve a copy of all pleadings on Defendant Aojie through Amazon's messaging center. Should Defendant Aojie enter a formal appearance, service shall revert to standard processes. Entered by Judge Pamela A. Barker on 2/3/2021. (L,Ja) 17 Filed & Entered: 02/05/2021 Praecipe Docket Text: FILING ERROR. Multiple parties on one summons. Praecipe for issuance of Original Summons filed by Noco Company, Inc.. (Williams, Aaron) To be refiled, modified on 2/9/2021 (W,CM). 18 Filed & Entered: 02/09/2021 Praecipe Docket Text: Praecipe for issuance of Original Summons filed by Noco Company, Inc.. (Williams, Aaron) 19 Filed & Entered: 02/09/2021 Praecipe Docket Text: Praecipe for issuance of Original Summons filed by Noco Company, Inc.. (Williams, Aaron) 20 Filed & Entered: 02/10/2021 Summons Issued Docket Text: Original Summons issued to counsel for service upon Shenzhen Aojie Technology Co., Ltd., Shenzhen Shi Shenai Dianzishangwu Youxian Gongsi. (W,CM) 21 Filed & Entered: 02/10/2021 Return of Service Executed Docket Text: Return of Service by Message Center at Amazon.com executed upon Shenzhen Shi Shenai Dianzishangwu Youxian Gongsi on 2/10/2021, filed on behalf of Noco Company, Inc. (Attachments: # (1) Exhibit A copy of the message sent to SHENAIUS on http://www.amazon.com is attached as Exhibit 1.)(Williams, Aaron) 22 Filed & Entered: 02/10/2021 Return of Service Executed Docket Text: Return of Service by Message Center at Amazon.com executed upon Shenzhen Aojie Technology Co., Ltd. on 2/10/2021, filed on behalf of Noco Company, Inc. (Attachments: # (1) Exhibit A copy of the message sent to AUTOWN Direct at https://www.amazon.com on February 10, 2021 is attached as Exhibit 1.)(Williams, Aaron) 23 Filed & Entered: 02/16/2021 Praecipe Docket Text: Praecipe for issuance of Original Summons filed by Noco Company, Inc.. (Williams, Aaron) 24 Filed & Entered: 02/18/2021 Summons Issued Docket Text: Original Summons issued to counsel for service upon Zhejiang Quingyou Electronic Commerce Co., Ltd.. (W,CM) 25 Filed & Entered: 04/16/2021 Order to Show Cause Docket Text: Order to Show Cause: For reasons set forth in this order, within fourteen (14) days of the date of this Order, Plaintiff shall submit an appropriate application for entry of default and an affidavit in support thereof, or show cause why said Defendants should not be dismissed for want of prosecution. Entered by Judge Pamela A. Barker on 4/16/2021. (L,Ja) 26 Filed & Entered: 04/22/2021Terminated: 04/22/2021 Motion for default judgment Docket Text: Entry for default filed by Plaintiff Noco Company, Inc.. (Attachments: # (1) Affidavit Declaration of Anne E. Hurst)(Williams, Aaron) Modified on 4/22/2021, not a motion. (L,Ja). 27 Filed & Entered: 04/22/2021 Default Entered Docket Text: Default Entered on 4/22/2021 against Shenzhen Aojie Technology Co., Ltd. and Shenzhen Shi Shenai Dianzishangwu Youxian Gongsi. Sandy Opacich, Clerk by Jason M. Lowbridge, Deputy Clerk. Related document(s)[26]. (L,Ja) 28 Filed & Entered: 05/27/2021 Order to Show Cause Docket Text: Order to Show Cause: For reasons set forth in this order, If Plaintiff desires to file a Motion for Default Judgment, it must do so within 21 days of the date of this Order or show cause why Defendants Aojie and Shenai should not be dismissed without prejudice. Judge Pamela A. Barker on 5/27/2021. (P,K) 29 Filed & Entered: 06/15/2021Terminated: 06/21/2021 Motion for leave Docket Text: Motion for leave to Seek Limited Discovery Upon Non-Party Amazon.com, Inc. filed by Plaintiff Noco Company, Inc. (Attachments: # (1) Memorandum in Support, # (2) Declaration of Aaron Williams)(Williams, Aaron) 30 Filed & Entered: 06/15/2021 Response Docket Text: Response to May 27 Order to Show Cause filed by Noco Company, Inc. Related document [28]. (Attachments: # (1) Exhibit 1 - Service of Entry of Default) (Williams, Aaron) 31 Filed & Entered: 06/21/2021 Order on Motion for leave Docket Text: Memorandum Opinion and Order granting Plaintiff's Motion for Leave to Seek Limited Discovery Upon Non-Party Amazon.com, Inc. (Related Doc # [29]). Judge Pamela A. Barker on 6/21/2021.(P,K) 32 Filed & Entered: 08/17/2021 Attorney Appearance Docket Text: Attorney Appearance by Anne E. Hurst filed by on behalf of Noco Company, Inc.. (Hurst, Anne) 33 Filed & Entered: 08/17/2021Terminated: 08/18/2021 Motion for protective order Docket Text: Unopposed Motion for protective order filed by Plaintiff Noco Company, Inc.. (Attachments: # (1) Proposed Order Protective Order)(Hurst, Anne) 34 Filed & Entered: 08/18/2021 Order on Motion for protective order Docket Text: Protective Order . Signed by Judge Pamela A. Barker on 8/18/2021. (Related Doc # [33]). (W,CM) 35 Filed & Entered: 08/26/2021 Subpoena Returned Executed Docket Text: Subpoena Returned Executed; served upon Amazon.com, Inc. c/o Corporation Service Company by Federal Express on June 24, 2021 filed on behalf of Noco Company, Inc. (Attachments: # (1) Exhibit Proof of Service)(Hurst, Anne) Filed & Entered: 09/08/2021 Order on Motion for extension of time Docket Text: Order [non-document] granting Plaintiff's [36] Motion for extension of time until October 4, 2021 to File Motion for Default Judgment against Defendants. Judge Pamela A. Barker on 9/8/2021.(W,CM) 36 Filed & Entered: 09/08/2021Terminated: 09/08/2021 Motion for extension of time (other) Docket Text: Motion for extension of time until October 4, 2021 to File Motion for Default Judgment against Defendants filed by Plaintiff Noco Company, Inc.. Related document(s)[31]. (Hurst, Anne) 37 Filed & Entered: 09/28/2021Terminated: 09/29/2021 Motion to seal Docket Text: Motion to seal Motion for Default Judgment filed by Plaintiff Noco Company, Inc.. (Hurst, Anne) 38 Filed & Entered: 09/29/2021 Order on Motion to seal Docket Text: Order granting in part and denying in part Plaintiff's Motion for Leave to File its Motion for Default Judgment under Seal. (Doc. No. [37].) Judge Pamela A. Barker on 9/29/2021.(P,K) 39 Filed & Entered: 10/04/2021Terminated: 12/27/2021 Sealed Motion Docket Text: SEALED Motion for Default Judgment, with memorandum in support [38] filed by Plaintiff Noco Company, Inc.. (Related document(s) [38]). (Attachments: # (1) Exhibit 1 - Miller Declaration, # (2) Exhibit 2 - Nook Declaration, # (3) Exhibit 3 - Proof of Service of Entry of Default, # (4) Exhibit 4 - Proposed Order - Default Judgment and Permanent Injunction) (Hurst, Anne) 40 Filed & Entered: 10/04/2021Terminated: 12/27/2021 Motion for default judgment Docket Text: Motion for default judgment filed by Plaintiff Noco Company, Inc.. Related document(s)[38]. (Attachments: # (1) Exhibit 1 - Miller Declaration, # (2) Exhibit 2 - Nook Declaration, # (3) Exhibit 3 - Proof of Service of Entry of Default, # (4) Exhibit 4 - Proposed Order - Default Judgment and Permanent Injunction)(Hurst, Anne) 41 Filed & Entered: 10/25/2021Terminated: 10/26/2021 Motion to withdraw as attorney Docket Text: Motion by Anne E. Hurst to withdraw as attorney filed by Plaintiff Noco Company, Inc.. (Hurst, Anne) Filed & Entered: 10/26/2021 Order on Motion to withdraw as attorney Docket Text: Order [non-document] granting Plaintiff's Motion to Withdraw as Counsel. Attorney Anne E. Hurst removed from case. (Related Doc # [41].) Judge Pamela A. Barker on 10/26/2021.(P,K) Filed & Entered: 12/07/2021 Order Docket Text: Order [non-document] On October 4, 2021, Plaintiff filed a Motion for Default Judgment against Defendants Aojie and Shenai with respect to Plaintiff's claim for patent infringement. (Doc. No. [39].) On November 12, 2021, this Court was made aware that the Patent Trial and Appeal Board issued a final written decision on inter partes review in which it found that claims 1-10 and 12-23 of Noco's 015 Patent were unpatentable. See Noco v. Shenzhen Gooloo, Case No. 1:20cv1171 (Doc. No. [17].) By no later than fourteen (14) days of the date of this Order, Plaintiff is ordered to submit supplemental briefing addressing the impact, if any, of the PTAB decision on its pending Motion for Default Judgment in the instant action. Judge Pamela A. Barker on 12/7/2021. (P,K) 42 Filed & Entered: 12/21/2021 Response Docket Text: Supplemental Memorandum in Support of Motion for Entry of Default Judgment Against Defendants Shenzhen Aojie Technology Co., Ltd., and Shenzhen Shi Shenai Dianzishangwu Youxian Gongsi filed by All Plaintiffs. Related document(s)[39]. (Williams, Aaron) 43 Filed & Entered: 12/21/2021 Notice Docket Text: Notice of Return of Non-Service filed by All Plaintiffs. (Attachments: # (1) Exhibit 1- Return of Service)(Williams, Aaron) 44 Filed & Entered: 12/21/2021Terminated: 12/22/2021 Motion for leave Docket Text: Motion for leave to Serve Defendant Zhejiang Quingyou Electronic Commerce Co., Ltd., Through Alternative Means filed by Plaintiff Noco Company, Inc.. Related document(s)[12], [14]. (Williams, Aaron) Filed & Entered: 12/22/2021 Order Docket Text: Order [non-document] entered by Judge Pamela A. Barker on 12/22/2021. The Court has reviewed Nocos Supplemental Memorandum (Doc. No. [42]) in support of its Motion for Default Judgment against Defendants Shenai and Aojie. In light of the PTABs finding that claims 1-10 and 12-23 of the 015 Patent are unpatentable, and Nocos request for rehearing of the PTABs decision, the Court denies Nocos Motion for Default Judgment (Doc. Nos. 39, 40) without prejudice. Noco may refile its Motion for Default Judgment after it has exhausted its appellate rights. Noco shall file a Status Report in this Court every 30 days regarding the status of its request for rehearing of the PTAB decision, with the first Status Report due on January 24, 2022. (S,KM) Filed & Entered: 12/22/2021 Order on Motion for leave Docket Text: Order [non-document] entered by Judge Pamela A. Barker on 12/22/2021. Nocos Motion for Leave for Alternative Service as to Defendant Quingyou (Doc. No. [44]) is granted for the reasons stated therein. Noco is ordered to serve Defendant Quingyou by email at AUTOWN.SERVICE@gmail.com and through Facebook Messenger (via AUTOWNInternational) within fourteen (14) days of the date of this Order. Noco shall comply with Fed. R. Civ. P. 4 by providing proof of service once service is completed by the above approved means. The Court further directs Noco to serve a copy of all pleadings on Defendant Quingyou via the above email and Facebook messenger accounts. Should Defendant Quingyou enter a formal appearance, service shall revert to standard processes. (S,KM) 45 Filed & Entered: 01/05/2022 Return of Service Executed Docket Text: Return of Service by Facebook Messenger & Email executed upon Zhejiang Quingyou Electronic Commerce Co., Ltd. on 1/5/2022, filed on behalf of Noco Company, Inc. (Williams, Aaron) 46 Filed & Entered: 01/24/2022 Status Report Docket Text: Status Report Regarding Request for Rehearing on Decision in Inter Parties Review NO. 2020-00944 filed by Noco Company, Inc.. (Williams, Aaron) 47 Filed & Entered: 02/23/2022 Status Report Docket Text: Status Report Regarding Request for Rehearing of Decision in Inter Parties Review NO. 2020-00944 filed by Noco Company, Inc.. (Williams, Aaron) 48 Filed & Entered: 03/25/2022 Status Report Docket Text: Status Report Regarding Appeal of Decision in Inter Parties Review NO. 2020-00944 filed by Noco Company, Inc.. (Williams, Aaron) Filed & Entered: 04/14/2022 Order Docket Text: Order [non-document] On November 3, 2021, the U.S. PTAB issued a decision finding claims 1-10 and 12-23 of NOCO's '015 patent to be unpatentable. The Court was recently advised by Noco in another action (see Case No. 1:20cv1171) that Noco filed a Notice of Appeal of the PTAB decision to the United States Court of Appeals for the Federal Circuit on April 13, 2022. The Clerk is, therefore, directed to administratively close this case, subject to reopening upon timely motion once the Federal Circuit has issued its decision. In addition, the parties are hereby directed to file a Status Report within ten (10) days of the Federal Circuit decision. Judge Pamela A. Barker on 4/14/2022. (P,K) 49 Filed & Entered: 04/27/2022 Report Regarding Patent or Trademark Action - AO120 Docket Text: Report on the Determination [Closing] of an Action Regarding a Patent or Trademark (AO120). (W,Na) 50 Filed & Entered: 10/21/2022 Attorney Appearance Docket Text: Attorney Appearance by Meredith M. Wilkes filed by on behalf of Noco Company, Inc.. (Wilkes, Meredith) 51 Filed & Entered: 10/24/2022 Attorney Appearance Docket Text: Attorney Appearance by John Charles Evans filed by on behalf of Noco Company, Inc.. (Evans, John) |
| May 28, 2020 | 1 | Complaint* (1) |
