Atari Interactive, Inc. v. Target Corporation
| New York Southern District Court | |
| Judge: | Lewis A Kaplan |
| Referred: | Ona T Wang |
| Case #: | 1:19-cv-03111 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1051 Trademark Infringement |
| Case Filed: | Apr 08, 2019 |
| Terminated: | Dec 26, 2019 |
| Last checked: Saturday Oct 05, 2019 4:20 AM EDT |
|
Defendant
Target Corporation
|
Represented By
|
|
Plaintiff
Atari Interactive, Inc.
|
Represented By
|
| Docket last updated: 04/16/2024 11:59 PM EDT |
| Monday, January 06, 2020 | ||
|
misc
Received Acknowledgment (Electronic Case Transfer)
Tue 01/07 2:58 PM
Received e-mail from the United States District Court - District of Minnesota acknowledging receipt of transferred case. Assigned Case Number: 0:20-cv-00054, filed on 01/06/2020. (sjo) |
||
| Thursday, December 26, 2019 | ||
| 47 | 47
misc
AO 120 Form Trademark - Case Terminated - Submitted
Fri 01/03 3:00 PM
AO 120 FORM TRADEMARK - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 12/26/19 in a court action filed on the following trademark(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). (mro) |
|
| 46 | 46
1
pgs
order
Order
Fri 12/27 8:12 AM
ORDER TRANSFERRING ACTION: For the reasons stated in the Opinion & Order filed December 10, 2019 (ECF 45), this civil action is transferred to the District of Minnesota pursuant to 28 U.S.C. § 1404(a). The Clerk is respectfully directed to take all necessary steps to effectuate the transfer and to close this case on the docket of the Southern District of New York. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 12/26/2019) (rro) |
|
|
transfer
Case Transferred Out - District Transfer
Fri 01/03 2:56 PM
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Minnesota (mro) |
||
| Tuesday, December 10, 2019 | ||
| 45 | 45
14
pgs
order
Memorandum & Opinion
Wed 12/11 6:49 AM
OPINION & ORDER re:14 MOTION to Dismiss and to Transfer filed by Target Corporation,18 AMENDED MOTION to Dismiss and to Transfer filed by Target Corporation. In balancing the relevant factors, the Court finds that the locus of operative facts, the convenience of witnesses, the convenience of the parties, and the availability of process to compel the attendance of unwilling witnesses all weigh in favor of transfer. The remaining factors, plaintiff's choice of forum, the location of relevant documents and the ease of access to sources of proof, the relative means of the parties, and the forum's familiarity with the governing law, are either neutral or only weigh slightly against transfer. Accordingly, the Court finds that Defendant has made a meritorious motion to transfer this case in its entirety. The Court will delay issuing the order of transfer however, until after December 24, 2019, to allow Plaintiff to seek a stay in the event he seeks review of this Opinion and Order pursuant to Federal Rule of Civil Procedure 72(a) and chooses to make a motion for a stay pending that review. In the absence of an order granting such a stay, however, the Court will direct the Clerk, by separate order issued after December 24, 2019, to effectuate the transfer. (Signed by Magistrate Judge Ona T. Wang on 12/10/2019) (mro) |
|
| Friday, November 22, 2019 | ||
| 44 | 44
misc
Letter
Fri 11/22 6:05 PM
LETTER addressed to Magistrate Judge Ona T. Wang from Brett D. Katz dated November 22, 2019 re: Status of Discovery. Document filed by Atari Interactive, Inc..(Katz, Brett) |
|
| Friday, November 15, 2019 | ||
| 43 | 43
1
pgs
order
Order
Fri 11/15 6:24 PM
ORDER: Plaintiff is directed to submit a status letter to the Court detailing the following: the status of document discovery including what has been completed thus far, and what is left to be completed; the number of depositions Plaintiff needs and where the deponents are located; and any other discovery that remains outstanding and a proposal for how long it will take to complete. The status letter must be filed by November 22, 2019. (Signed by Magistrate Judge Ona T. Wang on 11/15/2019) (rro) |
|
| 42 | 42
1
pgs
misc
Letter
Fri 11/15 11:16 AM
JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Brett D. Katz and Peter M. Routhier dated November 15, 2019 re: Joint Status Update. Document filed by Atari Interactive, Inc..(Katz, Brett) |
|
| Monday, November 04, 2019 | ||
| 41 | 41
respm
Response in Opposition to Motion
Mon 11/04 1:04 PM
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Ona T. Wang from Peter M. Routhier dated 11/04/2019 re:40 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Ona T. Wang from Brett D. Katz dated November 1, 2019. . Document filed by Target Corporation. (Routhier, Peter) |
|
| Friday, November 01, 2019 | ||
| 40 | 40
motion
Extension of Time to Complete Discovery
Fri 11/01 6:22 PM
LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Ona T. Wang from Brett D. Katz dated November 1, 2019. Document filed by Atari Interactive, Inc..(Katz, Brett) |
|
| Friday, October 18, 2019 | ||
| 39 | 39
order
Memo Endorsement
Fri 10/18 6:42 PM
MEMO ENDORSEMENT on re:38 Letter filed by Atari Interactive, Inc. ENDORSEMENT: The next joint status letter shall be filed by November 15, 2019. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 10/18/2019) (rro) |
|
| Tuesday, October 01, 2019 | ||
| 38 | 38
misc
Letter
Tue 10/01 3:31 PM
JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Brett D. Katz and Peter M. Routhier dated October 1, 2019 re: Joint Status Update. Document filed by Atari Interactive, Inc..(Katz, Brett) |
|
| Thursday, August 01, 2019 | ||
| 37 | 37
order
Memo Endorsement
Fri 08/02 8:04 AM
MEMO ENDORSEMENT on re:36 Letter re: Status of Motion to Dismiss and Settlement Conference filed by Atari Interactive, Inc. ENDORSEMENT: The next joint status letter shall be filed by October 1, 2019. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 8/1/2019) (rj) |
|
| Wednesday, July 31, 2019 | ||
| 36 | 36
misc
Letter
Wed 07/31 2:57 PM
JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Keith J. Wesley and Peter M. Routhier dated July 31, 2019 re: Status of Motion to Dismiss and Settlement Conference. Document filed by Atari Interactive, Inc..(Wesley, Keith) |
|
| Wednesday, June 12, 2019 | ||
| 35 | 35
order
Case Management Plan
Wed 06/12 4:22 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties may amend the pleadings or join additional parties until October 1, 2019. All fact discovery shall be completed by December 6, 2019. All expert discovery shall be completed by January 31, 2020. The parties are required to follow the Court's Individual Practices when seeking Court intervention on discovery disputes. See http://www.nysd.uscourts.gov/judge/Wang. A joint status letter shall be filed with the Court by July 31, 2019. The letter should address the status of the parties' motion to dismiss and transfer. It should also indicate whether the parties wish to schedule a settlement conference and, if so, include proposed dates on at least two consecutive weeks. The parties request a jury trial. (Amended Pleadings due by 10/1/2019. Joinder of Parties due by 10/1/2019. Fact Discovery due by 12/6/2019. Expert Discovery due by 1/31/2020.) (Signed by Magistrate Judge Ona T. Wang on 6/12/2019) (rro) |
|
| Tuesday, June 11, 2019 | ||
|
minutes
Pretrial Conference - Initial
Tue 06/11 12:19 PM
Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Initial Pretrial Conference held on 6/11/2019. Brett D. Katz present for Plaintiff. Noam Besdin and Peter Routhier present for Defendant. (Court Reporter Courtflow) (wv) |
||
| Tuesday, June 04, 2019 | ||
| 34 | 34
discov
Rule 26(f) Discovery Plan Report
Tue 06/04 3:05 PM
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Atari Interactive, Inc..(Wesley, Keith) |
|
| Monday, June 03, 2019 | ||
| 33 | 33
respm
Declaration in Support of Motion
Mon 06/03 7:51 PM
DECLARATION of Melissa Jungbauer in Support re:18 AMENDED MOTION to Dismiss and to Transfer .. Document filed by Target Corporation. (Besdin, Noam) |
|
| 32 | 32
respm
Reply Memorandum of Law in Support of Motion
Mon 06/03 7:50 PM
REPLY MEMORANDUM OF LAW in Support re:18 AMENDED MOTION to Dismiss and to Transfer . . Document filed by Target Corporation. (Besdin, Noam) |
|
| Monday, May 27, 2019 | ||
| 31 | 31
notice
Notice of Appearance
Mon 05/27 7:03 PM
NOTICE OF APPEARANCE by Peter Routhier on behalf of Target Corporation. (Routhier, Peter) |
|
| Thursday, May 23, 2019 | ||
| 30 | 30
respm
Declaration in Opposition to Motion
Thu 05/23 6:09 PM
DECLARATION of Frederic Chesnais in Opposition re:18 AMENDED MOTION to Dismiss and to Transfer .. Document filed by Atari Interactive, Inc.. (Wesley, Keith) |
|
| 29 | 29
11
pgs
respm
Memorandum of Law in Opposition to Motion
Thu 05/23 6:05 PM
MEMORANDUM OF LAW in Opposition re:18 AMENDED MOTION to Dismiss and to Transfer . . Document filed by Atari Interactive, Inc.. (Wesley, Keith) |
|
| 28 | 28
1
pgs
order
Order on Motion to Continue
Thu 05/23 2:44 PM
ORDER denying27 Letter Motion to Continue. Application Denied. The Initial Conference will go forward on June 11, 2019 at 10:00 a.m. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 5/23/2019) (rro) |
|
| Tuesday, May 21, 2019 | ||
| 27 | 27
motion
Continue
Tue 05/21 6:03 PM
LETTER MOTION to Continue Reschedule Rule 16 Conference addressed to Magistrate Judge Ona T. Wang from Keith J. Wesley dated May 21, 2019. Document filed by Atari Interactive, Inc..(Wesley, Keith) |
|
| Wednesday, May 15, 2019 | ||
| 26 | 26
2
pgs
order
Order on Motion to Appear Pro Hac Vice
Wed 05/15 2:46 PM
ORDER ADMITTING PETER M. ROUTHIER PRO HAC VICE granting23 Motion for Peter M. Routhier to Appear Pro Hac Vice. (Signed by Magistrate Judge Ona T. Wang on 5/15/2019) (rro) |
|
| Monday, May 13, 2019 | ||
| 25 | 25
order
Stipulation and Order ~Util - Set Deadlines
Tue 05/14 8:29 AM
STIPULATION AND ORDER SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS AND TO TRANSFER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties to the above-captioned action, ("Plaintiff" and "Defendant," respectively), by and through their undersigned counsel, as follows: 1. Plaintiff's time to file and serve any opposition to Defendant's Motion to Dismiss and Transfer (Docket Nos. 14, 18, the "Motion"), shall be extended to on or before May 24, 2019. 2. Defendant's deadline to file and serve any reply in support of its Motion shall be extended to June 3, 2019. ( Responses due by 5/24/2019, Replies due by 6/3/2019.) (Signed by Magistrate Judge Ona T. Wang on 5/13/2019) (mro) |
|
| 24 | 24
1
pgs
order
Order on Motion to Appear Pro Hac Vice
Mon 05/13 12:25 PM
ORDER FOR ADMISSION PRO HAC VICE granting12 Motion for Keith J. Wesley to Appear Pro Hac Vice. (Signed by Magistrate Judge Ona T. Wang on 5/13/2019) (rro) |
|
| Thursday, May 09, 2019 | ||
| 23 | 23
motion
Appear Pro Hac Vice
Thu 05/09 11:41 AM
MOTION for Peter M. Routhier to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Target Corporation.(Besdin, Noam) |
|
|
misc
Notice Regarding Deficient Motion to Appear Pro Hac Vice
Thu 05/09 6:20 AM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 22 Declaration in Support of Motion, 21 MOTION for Peter M. Routhier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16847871. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Minnesota; missing Proposed Order; Pursuant to Rule 1.3. the Attorney Affidavit missing the language of disciplinary.;. Re-file the motion as a Motion to Appear Pro Hac Vice All documents should be attached to the Motion Pro Hac Vice as exhibits not separately - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
||
|
misc
Notice Regarding Pro Hac Vice Motion
Thu 05/09 11:48 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 23 MOTION for Peter M. Routhier to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
||
| Wednesday, May 08, 2019 | ||
| 22 | 22
respm
Declaration in Support of Motion
Wed 05/08 5:49 PM
DECLARATION of Peter M. Routhier in Support re:21 MOTION for Peter M. Routhier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16847871. Motion and supporting papers to be reviewed by Clerk's Office staff. . Document filed by Target Corporation. (Besdin, Noam) |
|
| 21 | 21
motion
Appear Pro Hac Vice
Wed 05/08 5:42 PM
MOTION for Peter M. Routhier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16847871. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Target Corporation.(Besdin, Noam) |
|
| Tuesday, May 07, 2019 | ||
| 20 | 20
misc
Proposed Stipulation and Order
Tue 05/07 10:51 AM
PROPOSED STIPULATION AND ORDER. Document filed by Target Corporation. (Besdin, Noam) |
|
| Friday, May 03, 2019 | ||
| 19 | 19
notice
Notice of Appearance
Fri 05/03 2:52 PM
NOTICE OF APPEARANCE by Noam Besdin on behalf of Target Corporation. (Besdin, Noam) |
|
| Thursday, May 02, 2019 | ||
| 18 | 18
motion
Dismiss
Thu 05/02 6:45 PM
AMENDED MOTION to Dismiss and to Transfer . Document filed by Target Corporation.(Wright, Lita Beth) |
|
| Wednesday, May 01, 2019 | ||
| 17 | 17
misc
Rule 7.1 Corporate Disclosure Statement
Wed 05/01 8:38 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Target Corporation.(Wright, Lita Beth) |
|
| 16 | 16
11
pgs
respm
Memorandum of Law in Support of Motion
Wed 05/01 8:36 PM
MEMORANDUM OF LAW in Support re:14 MOTION to Dismiss and to Transfer . . Document filed by Target Corporation. (Wright, Lita Beth) |
|
| 15 | 15
respm
Declaration in Support of Motion
Wed 05/01 8:34 PM
DECLARATION of Lita Beth Wright in Support re:14 MOTION to Dismiss and to Transfer .. Document filed by Target Corporation. (Wright, Lita Beth) |
|
| 14 | 14
motion
Dismiss
Wed 05/01 8:32 PM
MOTION to Dismiss and to Transfer . Document filed by Target Corporation.(Wright, Lita Beth) |
|
| 13 | 13
notice
Notice of Appearance
Wed 05/01 8:24 PM
NOTICE OF APPEARANCE by Lita Beth Wright on behalf of Target Corporation. (Wright, Lita Beth) |
|
| 12 | 12
motion
Appear Pro Hac Vice
Wed 05/01 11:49 AM
MOTION for Keith J. Wesley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16799841. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Atari Interactive, Inc..(Wesley, Keith) |
|
|
Att: 1
Affidavit Affidavit of Keith J. Wesley in Support of Motion for Admission Pro Hac Vice,
|
||
|
Att: 2
Exhibit Certificate of Good Standing,
|
||
|
Att: 3
Text of Proposed Order Proposed Order for Admission Pro Hac Vice
|
||
|
misc
Notice Regarding Pro Hac Vice Motion
Wed 05/01 12:07 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 12 MOTION for Keith J. Wesley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16799841. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
||
| Thursday, April 18, 2019 | ||
| 11 | 11
service
Affidavit of Service Complaints
Thu 04/18 5:10 PM
AFFIDAVIT OF SERVICE. Target Corporation served on 4/10/2019, answer due 5/1/2019. Service was accepted by Maria Velasco, Intake Specialist. Document filed by Atari Interactive, Inc.. (Mitchell, Jeffrey) |
|
| Monday, April 15, 2019 | ||
| 10 | 10
3
pgs
order
Order for Initial Pretrial Conference
Mon 04/15 2:17 PM
INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 6/11/2019 at 10:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang and further set forth in this Order. (Signed by Magistrate Judge Ona T. Wang on 4/15/2019) (rro) |
|
| Thursday, April 11, 2019 | ||
| 9 | 9
1
pgs
order
Order Referring Case to Magistrate Judge
Thu 04/11 12:38 PM
ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). SO ORDERED. Referred to Magistrate Judge Ona T. Wang. (Signed by Judge Lewis A. Kaplan on 4/11/2019) (jca) |
|
| Tuesday, April 09, 2019 | ||
| 8 | 8
misc
AO 120 Form Trademark - Case Opening - Submitted
Tue 04/09 3:01 PM
AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(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). (pc) |
|
| 7 | 7
service
Summons Issued
Tue 04/09 2:58 PM
ELECTRONIC SUMMONS ISSUED as to Target Corporation. (pc) |
|
| 6 | 6
notice
Notice of Appearance
Tue 04/09 10:47 AM
NOTICE OF APPEARANCE by Brett David Katz on behalf of Atari Interactive, Inc.. (Katz, Brett) |
|
|
misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Tue 04/09 9:35 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeffrey A. Mitchell. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:1114;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1051;. (pc) |
||
|
notice
Case Opening Initial Assignment Notice
Tue 04/09 9:38 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . 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[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (pc) |
||
|
utility
Case Designation
Tue 04/09 9:39 AM
Magistrate Judge Ona T. Wang 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:[LINK:http://nysd.uscourts.gov/forms.php] . (pc) |
||
|
utility
Case Designated ECF
Tue 04/09 9:40 AM
Case Designated ECF. (pc) |
||
| Monday, April 08, 2019 | ||
| 5 | 5
misc
AO 120 Form Patent/Trademark - Notice of Submission by Attorney
Mon 04/08 2:20 PM
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Mitchell, Jeffrey) |
|
| 4 | 4
misc
Rule 7.1 Corporate Disclosure Statement
Mon 04/08 2:19 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Atari Interactive, Inc..(Mitchell, Jeffrey) |
|
| 3 | 3
service
Request for Issuance of Summons
Mon 04/08 2:18 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Target Corporation, re:1 Complaint. Document filed by Atari Interactive, Inc.. (Mitchell, Jeffrey) |
|
| 2 | 2
misc
Civil Cover Sheet
Mon 04/08 2:08 PM
CIVIL COVER SHEET filed. (Mitchell, Jeffrey) |
|
| 1 | 1
14
pgs
cmp
Complaint
Mon 04/08 2:05 PM
COMPLAINT against Target Corporation. Document filed by Atari Interactive, Inc..(Mitchell, Jeffrey) |
|