Essociate, Inc. v. Blue Whaler Investments, LLC

COMPLAINT against Defendants Blue Phoenix Media, Inc., Blue Whaler Investments, LLC, Direct Roi, LLC, Flexoffers.com, Inc., Max Bounty Inc., Shareasale.com, Inc., Synervation Global, Inc., W4 LLC. Case assigned to Judge Manuel L. Real for all further proceedings. Discovery referred to Magistrate Judge Robert N. Block.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Essociate, Inc. (et) (ds). (Entered: 03/25/2010)

2010-03-23

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CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Essociate, Inc. (et) (ds). (Entered: 03/25/2010)

2010-03-23

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REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Essociate, Inc. (et) (Entered: 03/25/2010)

2010-03-23

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NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Derek Linke for Plaintiff Essociate, Inc. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $185.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) (Entered: 03/25/2010)

2010-03-23

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ORDER RE: NOTICE TO COUNSEL by Judge Manuel L. Real, (bp) (Entered: 03/25/2010)

2010-03-25

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APPLICATION for attorney Derek Linke to Appear Pro Hac Vice (PHV Fee of $185 receipt number 0973-6729144 paid.) filed by Plaintiff Essociate, Inc.. (Attachments: # 1 Proposed Order, # 2 Exhibit)(Newman, Derek) (Entered: 03/29/2010)

2010-03-29

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ORDER by Judge Manuel L. Real: Granting 6 Application to Appear Pro Hac Vice by Attorney Derek Linke on behalf of Plaintiff Essociate, Inc., designating Derek A. Newman as local counsel. (mg) (Entered: 04/01/2010)

2010-03-30

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PROOF OF SERVICE Executed by Plaintiff Essociate, Inc., upon Defendant Blue Phoenix Media, Inc. served on 3/30/2010, answer due 4/20/2010. Service of the Summons and Complaint were executed upon Kathy Krieger-Jewell, of Corporation Service Company, registered agent for service of process in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Linke, Derek) (Entered: 04/05/2010)

2010-04-05

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ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: SACV 09-00536 JVS(MLGx). Case transferred from Magistrate Judge Robert N. Block and Judge Manuel L. Real to Judge James V. Selna and Magistrate Judge Marc L. Goldman for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 10-02107 JVS(MLGx).Signed by Judge James V. Selna (rn) (Entered: 04/06/2010)

2010-04-06

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PROOF OF SERVICE Executed by Plaintiff Essociate, Inc., upon Defendant Blue Whaler Investments, LLC served on 3/30/2010, answer due 4/20/2010. Service of the Summons and Complaint were executed upon Courtney Dearie, executive assistant to Timothy P. Dillon, registered agent for service of process, in compliance with statute not specified by personal service. Original Summons NOT returned. (Linke, Derek) (Entered: 04/06/2010)

2010-04-06

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PROOF OF SERVICE Executed by Plaintiff Essociate, Inc., upon Defendant Direct Roi, LLC served on 3/30/2010, answer due 4/20/2010. Service of the Summons and Complaint were executed upon Joyce Dionne, Assistant to and authorized recipient for Frederick G. Gamble, registered agent for service of process, in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Linke, Derek) (Entered: 04/07/2010)

2010-04-07

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PROOF OF SERVICE Executed by Plaintiff Essociate, Inc., upon Defendant Flexoffers.com, Inc. served on 4/2/2010, answer due 4/23/2010. Service of the Summons and Complaint were executed upon United States Corporation Agents, Inc. registered agent for service of process, in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Linke, Derek) (Entered: 04/09/2010)

2010-04-09

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INITIAL ORDER Following Filing of Complaint Assigned to Judge Selna by Judge James V. Selna, (nca) (Entered: 04/14/2010)

2010-04-13

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PROOF OF SERVICE Executed by Plaintiff Essociate, Inc., upon Defendant Synervation Global, Inc. served on 3/30/2010, answer due 4/20/2010. Service of the Summons and Complaint were executed upon Kelly DiSabatino, registered agent for service of process, in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Linke, Derek) (Entered: 04/16/2010)

2010-04-16

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FIRST STIPULATION Extending Time to Answer the complaint as to Blue Phoenix Media, Inc. answer now due 5/4/2010, filed by plaintiff Essociate, Inc..(Linke, Derek) (Entered: 04/16/2010)

2010-04-16

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REQUEST for Clerk to Enter Default against defendant Blue Whaler Investments, LLC filed by plaintiff Essociate, Inc.. (Attachments: # 1 Declaration, # 2 Proof of Service)(Linke, Derek) (Entered: 04/21/2010)

2010-04-21

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REQUEST for Clerk to Enter Default against defendant Synervation Global, Inc. filed by plaintiff Essociate, Inc.. (Attachments: # 1 Declaration, # 2 Proof of Service)(Linke, Derek) (Entered: 04/21/2010)

2010-04-21

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FIRST STIPULATION Extending Time to Answer the complaint as to Direct Roi, LLC answer now due 5/4/2010, filed by plaintiff Essociate, Inc..(Linke, Derek) (Entered: 04/21/2010)

2010-04-21

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DEFAULT BY CLERK ENTERED as to Defendant Synervation Global, Inc. (rla) (Entered: 04/22/2010)

2010-04-22

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NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against defendant Blue Whaler Investments, LLC 16 . The Clerk cannot enter the requested relief as Lacks statute under which process was served. See Notice from the Clerk 11/18/03 re: PROOF OF SERVICE OF PROCESS. Also, Service of process was not to registered agent for service of process: Timothy P Dillon. Statute under which process was served necessary to determine if service was completed. (rla) (Entered: 04/22/2010)

2010-04-22

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Overview

Parties

Defendant

Blue Whaler Investments, LLC

Represented By

Plaintiff

Essociate, Inc.

Represented By

Court & Judges

Patents Involved

Docket Entries

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Essociate, Inc. (et) (ds). (Entered: 03/25/2010)

REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Essociate, Inc. (et) (Entered: 03/25/2010)

ORDER RE: NOTICE TO COUNSEL by Judge Manuel L. Real, (bp) (Entered: 03/25/2010)

APPLICATION for attorney Derek Linke to Appear Pro Hac Vice (PHV Fee of $185 receipt number 0973-6729144 paid.) filed by Plaintiff Essociate, Inc.. (Attachments: # 1 Proposed Order, # 2 Exhibit)(Newman, Derek) (Entered: 03/29/2010)

ORDER by Judge Manuel L. Real: Granting 6 Application to Appear Pro Hac Vice by Attorney Derek Linke on behalf of Plaintiff Essociate, Inc., designating Derek A. Newman as local counsel. (mg) (Entered: 04/01/2010)

INITIAL ORDER Following Filing of Complaint Assigned to Judge Selna by Judge James V. Selna, (nca) (Entered: 04/14/2010)

FIRST STIPULATION Extending Time to Answer the complaint as to Blue Phoenix Media, Inc. answer now due 5/4/2010, filed by plaintiff Essociate, Inc..(Linke, Derek) (Entered: 04/16/2010)

REQUEST for Clerk to Enter Default against defendant Blue Whaler Investments, LLC filed by plaintiff Essociate, Inc.. (Attachments: # 1 Declaration, # 2 Proof of Service)(Linke, Derek) (Entered: 04/21/2010)

REQUEST for Clerk to Enter Default against defendant Synervation Global, Inc. filed by plaintiff Essociate, Inc.. (Attachments: # 1 Declaration, # 2 Proof of Service)(Linke, Derek) (Entered: 04/21/2010)

FIRST STIPULATION Extending Time to Answer the complaint as to Direct Roi, LLC answer now due 5/4/2010, filed by plaintiff Essociate, Inc..(Linke, Derek) (Entered: 04/21/2010)

DEFAULT BY CLERK ENTERED as to Defendant Synervation Global, Inc. (rla) (Entered: 04/22/2010)

Essociate, Inc. v. Blue Whaler Investments, LLC

Overview

Parties

Defendant

Blue Whaler Investments, LLC Follow

Represented By

Plaintiff

Essociate, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Essociate, Inc. (et) (ds). (Entered: 03/25/2010)

REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Essociate, Inc. (et) (Entered: 03/25/2010)

ORDER RE: NOTICE TO COUNSEL by Judge Manuel L. Real, (bp) (Entered: 03/25/2010)

APPLICATION for attorney Derek Linke to Appear Pro Hac Vice (PHV Fee of $185 receipt number 0973-6729144 paid.) filed by Plaintiff Essociate, Inc.. (Attachments: # 1 Proposed Order, # 2 Exhibit)(Newman, Derek) (Entered: 03/29/2010)

ORDER by Judge Manuel L. Real: Granting 6 Application to Appear Pro Hac Vice by Attorney Derek Linke on behalf of Plaintiff Essociate, Inc., designating Derek A. Newman as local counsel. (mg) (Entered: 04/01/2010)

INITIAL ORDER Following Filing of Complaint Assigned to Judge Selna by Judge James V. Selna, (nca) (Entered: 04/14/2010)

FIRST STIPULATION Extending Time to Answer the complaint as to Blue Phoenix Media, Inc. answer now due 5/4/2010, filed by plaintiff Essociate, Inc..(Linke, Derek) (Entered: 04/16/2010)

REQUEST for Clerk to Enter Default against defendant Blue Whaler Investments, LLC filed by plaintiff Essociate, Inc.. (Attachments: # 1 Declaration, # 2 Proof of Service)(Linke, Derek) (Entered: 04/21/2010)

REQUEST for Clerk to Enter Default against defendant Synervation Global, Inc. filed by plaintiff Essociate, Inc.. (Attachments: # 1 Declaration, # 2 Proof of Service)(Linke, Derek) (Entered: 04/21/2010)

FIRST STIPULATION Extending Time to Answer the complaint as to Direct Roi, LLC answer now due 5/4/2010, filed by plaintiff Essociate, Inc..(Linke, Derek) (Entered: 04/21/2010)

DEFAULT BY CLERK ENTERED as to *Defendant Synervation Global, Inc.* (rla) (Entered: 04/22/2010)

Track Case Updates

Blue Whaler Investments, LLC

Essociate, Inc.

DEFAULT BY CLERK ENTERED as to Defendant Synervation Global, Inc. (rla) (Entered: 04/22/2010)