5:20-CV-04768
07/16/2020
Pending - Other Pending
Intellectual Property - Patent
Susan van Keulen
Lucy H. Koh
Cartera Commerce, Inc.
Ebates Performance Marketing, Inc d/b/a Rakuten Rewards doing business as Rakuten Rewards
MyMail, Ltd.
Nicholas A. Brown
Attorney at Greenberg Traurig LLP
4 Embarcadero Center, Suite 3000
San Francisco, CA 94111-5983
Joshua L. Raskin
Attorney at Greenberg Traurig, LLP
Metlife Building, 200 Park Avenue
New York, NY 10166
Elana Beth Araj
Attorney at Greenberg Traurig LLP
200 Park Ave., Metlife Building
New York, NY 10166
Vimal Manilal Kapadia
Attorney at Greenberg Traurig, LLP
Metlife Building, 200 Park Avenue
New York, NY 10166
Allan A. Kassenoff
Attorney at Greenberg Traurig, LLP
Metlife Building, 200 Park Avenue
New York, NY 10166
Peter Joseph Gibbons
Attorney at Gibbons and Associates
Suite E, 1805 North Carson Street
Carson City, NV 89701-1216
Proposed Order
Proposed Order
Proposed Order Proposed Order Dismissing the Complaint
Exhibit Defendant's Exhibit A in Support of Motion to Dismiss
Declaration Declaration of Chris Michaels in Support of Motion to Dismiss
Errata Memorandum of Law in Support of Motion to Dismiss
Civil Cover Sheet
Exhibit 7
Exhibit 6
Exhibit 5
Exhibit 4
Exhibit 3
Exhibit 2
Exhibit 1
Docket(#34) 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) (Entered: 09/11/2020)
[-] Read LessDocket(#33) 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) (Entered: 09/08/2020)
[-] Read LessDocket(#32) 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) (Entered: 08/28/2020)
[-] Read LessDocket(#31) 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) (Entered: 08/25/2020)
[-] Read LessDocket(#30) **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) (Entered: 08/18/2020)
[-] Read LessDocket(#29) 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) (Entered: 08/17/2020)
[-] Read LessDocket(#28) 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) (Entered: 08/14/2020)
[-] Read LessDocket***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) (Entered: 08/03/2020)
[-] Read LessDocket(#27) 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) (Entered: 07/30/2020)
[-] Read LessDocket(#26) Order Relating Cases. Signed by Judge Lucy H. Koh on 07/30/2020. (lhklc4, COURT STAFF) (Filed on 7/30/2020) (Entered: 07/30/2020)
[-] Read LessDocket(#10) 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) (Entered: 07/20/2020)
[-] Read LessDocket(#9) 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) (Entered: 07/20/2020)
[-] Read LessDocket(#8) 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) (Entered: 07/20/2020)
[-] Read LessDocket(#7) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Cartera Commerce, Inc., Ebates Performance Marketing, Inc.. (Brown, Nicholas) (Filed on 7/20/2020) (Entered: 07/20/2020)
[-] Read LessDocket(#6) 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) (Entered: 07/17/2020)
[-] Read LessDocket(#5) Rule 7.1 Disclosures by Cartera Commerce, Inc., Ebates Performance Marketing, Inc re #1 Complaint, (Brown, Nicholas) (Filed on 7/16/2020) (Entered: 07/16/2020)
[-] Read LessDocket(#4) 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) (Entered: 07/16/2020)
[-] Read LessDocket(#3) Proposed Summons. (Brown, Nicholas) (Filed on 7/16/2020) (Entered: 07/16/2020)
[-] Read LessDocket(#2) NOTICE of Pendency of Other Action Involving Same Patent by Cartera Commerce, Inc., Ebates Performance Marketing, Inc (Brown, Nicholas) (Filed on 7/16/2020) (Entered: 07/16/2020)
[-] Read LessDocket(#1) 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) (Entered: 07/16/2020)
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