Several new interesting lawsuits were filed since mid-March, so we’ll look forward to watching those develop over the next few months. In existing lawsuits, RE/MAX and Amazon have filed Motions to Dismiss, while Think Global have filed their Answer to Microsoft’s allegations of running a phony tech support scheme. The Amazon Brief is an interesting read considering the extensive litigation history between the parties.
What case are you watching most closely?
Noble Roman’s, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – No update this month.
Egglife Foods, Inc. v. Crepini, LLC (ND, filed 5/28/2021) – No update this month.
Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – A Case Management Plan was approved on March 21, 2022. No other updates.
Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – No update this month.
Phoenix Intangibles Holding Company et al. v. Virk Brothers, LLC et al. (ND, filed 7/9/2021) – The parties have been ordered to file dismissal papers by May 2, 2022.
Poulsen Roser A/S v. Gardens Alive, Inc. et al. (SD, filed 7/14/2021) – A Stipulation of Dismissal was filed on April 11, 2022.
AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – No update this month. The Plaintiff is still seeking to enforce the default judgment from September 2021.
RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – On April 1, 2022, RE/MAX filed a Motion to Dismiss Defendants’ Counterclaims. The parties jointly extended discovery deadlines.
Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – No update this month.
Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – No update this month.
Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – The Defendants’ Preliminary Exhibit List was filed on March 25, 2022. No other updates.
Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) – The Complaint was served on March 9, 2022. No other updates.
Corson v. Vive Exterior Design, LLC et al. (SD, filed 1/17/2022) – A Notice of Voluntary Dismissal was filed on April 12, 2022.
Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – Amazon filed a Motion to Dismiss on April 4, 2022. The Brief in Support (below) highlights five reasons why the Complaint fails to state a claim. The Answer also informs in a footnote that this is the third lawsuit filed by Plaintiffs against Amazon and that Amazon will separately move to transfer venue to the Southern District of Indiana. The parties held a pretrial conference on April 12, 2022, whereby discovery has been stayed pending the ruling on the Motion to Dismiss.
Reid v. Stephenson (SD, filed 1/27/2022) – No update this month.
Autoniq, LLC v. Laser Appraiser, LLC (SD, filed 2/21/2022) – No update this month.
Microsoft Corporation v. Solution Hat, LLC d/b/a Think Global et al. (SD, filed 2/25/2022) – The Defendants filed an Answer (all general denials) on March 22, 2022. The Defendants’ counsel is Michele S. Katz of ADVITAM IP, LLC, via pro hac vice, with local counsel of Alice M. Morical and Christopher D. Wagner of Hoover Hull Turner LLP.
The American Automobile Association, Inc. v. All American Auto Hail Dent Repair LLC d/b/a AAA Hail Repair et al. (SD, filed 3/23/2022) – The Defendants were served with the Complaint on April 8, 2022.
NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – No update yet.
Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – No update yet.
Broadcast Music, Inc. et al. v. Warehouse L.L.C. d/b/a The Verve et al. (SD, filed 4/6/2022) – No update yet.