Kotyk v. The Partnerships and Unincorporated Associations Identified in Schedule A

COMPLAINT filed by Jonathan Kotyk; Jury Demand. Filing fee $ 405, receipt number AILNDC-24386638. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2)(Dewitty, Robert) (Entered: 11/21/2025)

2025-11-21

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CIVIL Cover Sheet (Dewitty, Robert) (Entered: 11/21/2025)

2025-11-21

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SEALED DOCUMENT by Plaintiff Jonathan Kotyk Schedule A (Dewitty, Robert) (Entered: 11/21/2025)

2025-11-21

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SEALED DOCUMENT by Plaintiff Jonathan Kotyk Exhibit B (Dewitty, Robert) (Entered: 11/21/2025)

2025-11-21

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SEALED DOCUMENT by Plaintiff Jonathan Kotyk Exhibit C (Dewitty, Robert) (Entered: 11/21/2025)

2025-11-21

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MOTION by Plaintiff Jonathan Kotyk to seal Schedule A, Exhibits B and C (Dewitty, Robert) (Entered: 11/21/2025)

2025-11-21

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MEMORANDUM by Jonathan Kotyk in support of motion to seal 6 (Dewitty, Robert) (Entered: 11/21/2025)

2025-11-21

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clerk's notice

2025-11-24

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case assigned

2025-11-24

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CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (qrtr, )

2025-11-24

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CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. Case assignment: Random assignment. (Civil Category 1). (qrtr, )

2025-11-24

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MOTION by Plaintiff Jonathan Kotyk for temporary restraining order (Attachments: # 1 Declaration Robert M. DeWitty, # 2 Exhibit Att 1)(Dewitty, Robert) (Entered: 11/26/2025)

2025-11-26

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MEMORANDUM by Jonathan Kotyk in support of motion for temporary restraining order 8 (Dewitty, Robert) (Entered: 11/26/2025)

2025-11-26

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MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion to file under seal 6 and motion for entry of a temporary restraining order, including a temporary injunction, temporary asset restraint, expedited discovery, and service of process by electronic email 8 is set for a telephonic motion hearing on 12/8/2025 at 9:45 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) (Entered: 12/03/2025)

2025-12-03

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MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 12/8/2025. For the reasons stated on the record, Plaintiff's motion to file under seal 6 and motion for entry of a temporary restraining order, including a temporary injunction, temporary asset restraint, expedited discovery, and service of process by electronic email 8 are entered and continued. In reviewing the initial filing documents, the Court noted that this appears to be a refiling of a previously dismissed case, No. 25-cv-12456, assigned to a different district judge, although the dismissal is not noted on the civil cover sheet. Telephonic status hearing set for 12/22/2025 at 10:45 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) (Entered: 12/10/2025)

2025-12-08

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MOTION by Plaintiff Jonathan Kotyk to reset December 29, 2025 Status Hearing (Dewitty, Robert) (Entered: 12/16/2025)

2025-12-16

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MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion to reset status hearing 12 is granted. Telephonic status hearing set for 12/22/2025 is stricken and reset for 1/5/2026 at 10:30 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) (Entered: 12/17/2025)

2025-12-17

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AMENDED complaint by Jonathan Kotyk against The Partnerships and Unincorporated Associations Identfied in Schedule A (Attachments: # 1 Exhibit A-2)(Dewitty, Robert) (Entered: 12/30/2025)

2025-12-30

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MOTION by Plaintiff Jonathan Kotyk for temporary restraining order (Dewitty, Robert) (Entered: 12/30/2025)

2025-12-30

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MEMORANDUM by Jonathan Kotyk in support of motion for temporary restraining order 15 (Attachments: # 1 Declaration of Robert DeWitty, # 2 Exhibit)(Dewitty, Robert) (Entered: 12/30/2025)

2025-12-30

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ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/31/2025: Mailed notice. (tg, ) (Entered: 12/31/2025)

2025-12-31

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MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 1/5/2026 is stricken. Parties need not appear. Mailed notice (aw,) (Entered: 01/05/2026)

2026-01-05

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MINUTE entry before the Honorable Andrea R. Wood: As discussed at the motion hearing on December 8, 2025, this case is a refiling of a previously dismissed case. Specifically, Plaintiff originally filed this case on October 10, 2025; it was assigned to Judge Gettleman under Case No. 25-cv-12456. On November 18, 2025, Plaintiff voluntarily dismissed Case No. 25-cv-12456 without prejudice. (No. 25-cv-12456 at Dkt. 9 .) Subsequently, on November 21, 2025, Plaintiff refiled the case asserting the same claims against the same defendants. (Compare No. 25-cv-12456 at Dkt. 1 with No. 25-cv-14271 at Dkt. 1 .) The refiled case was randomly assigned to this judge and assigned Case No. 25-cv-14271. A few days later, Plaintiff filed a motion for an ex parte Temporary Restraining Order. (No. 25-cv-14271 at Dkt. 8 .) At the motion hearing on December 8, 2025, the Court confirmed with Plaintiff's counsel that this is the same case that had been voluntarily dismissed a few weeks earlier--i.e., Plaintiff is suing the same 10 defendants (listed on Schedule A) for alleged infringement of the same utility patent. That means, pursuant to Local Rule 40.3(b)(2), this case should have been assigned directly to Judge Gettleman as the district judge who presided over the earlier filed, previously dismissed case. It appears that this case instead was randomly assigned to a different judge because the civil cover sheet did not identify it as a refiling of a previously dismissed case. (See No. 25-cv-14271 at Dkt. 2 .) This judge learned of the mistaken assignment through her own investigation. A review of the civil cover sheet reveals that the form used by Plaintiff's counsel does not include Section X from the Northern District's form civil cover sheet, which calls for the filer to indicate whether or not the case is a refiling of a previously dismissed action. In response to this judge's inquiry at the December 8, 2025 hearing, Plaintiff's counsel posited that they must have inadvertently used an outdated version of the civil cover sheet that did not include Section X. He further explained that the earlier-filed case was dismissed because counsel believed that the allegations of the complaint should be revised, and so Plaintiff dismissed the first case and filed a new action with a revised complaint rather than amending the then-existing complaint. This judge reaches no conclusion regarding the actual reason for the failure to identify this case as a refiling of a previously dismissed action (or whether it was an intentional omission or an innocent mistake). Whatever the reason, there is no dispute that this case is a refiling of a previously dismissed action, and therefore it should have been assigned directly to Judge Gettleman. Accordingly, the Clerk is directed to reassign this case to Judge Gettleman pursuant to Local Rule 40.3(b)(2). Any pending hearing dates before this judge are stricken; however, any pending motions shall remain pending to be addressed by the proper judge. Mailed notice (lma, ) (Entered: 01/05/2026)

2026-01-05

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EXECUTIVE COMMITTEE ORDER: Case 25 CV 14271, Kotyk v. The Partnerships and Unincorporated Associations Identified in Schedule A, is currently pending before the Hon. Andrea R. Wood; and The Hon. Robert W. Gettleman presided over case 25 CV 12456, Kotyk v. The Partnerships and Unincorporated Associations identified in Schedule A; therefore It is hereby ordered that 25 CV 14271, Kotyk v. The Partnerships and Unincorporated Associations Identified in Schedule A shall be reassigned to Judge Gettleman, pursuant to Local Rule 40.3(b)(2). Case reassigned to the Honorable Robert W. Gettleman for all further proceedings. Honorable Andrea R. Wood no longer assigned to the case. Signed by Executive Committee on 1/5/2026. Mailed notice (td, ) (Entered: 01/05/2026)

2026-01-05

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ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 1/5/2026: Mailed notice. (tg, ) (Entered: 01/05/2026)

2026-01-05

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text entry

2026-01-05

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order on motion to seal

2026-01-06

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sealed document

2026-01-06

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sealed document

2026-01-06

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order on motion for temporary restraining order

2026-01-08

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Response

2026-01-08

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amended complaint

2026-01-16

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party added

2026-01-16

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Overview

Parties

Defendant

The Partnerships and Unincorporated Associations Identified in Schedule A

Represented By

Plaintiff

Kotyk

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT filed by Jonathan Kotyk; Jury Demand. Filing fee $ 405, receipt number AILNDC-24386638. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2)(Dewitty, Robert) (Entered: 11/21/2025)

CIVIL Cover Sheet (Dewitty, Robert) (Entered: 11/21/2025)

SEALED DOCUMENT by Plaintiff Jonathan Kotyk Schedule A (Dewitty, Robert) (Entered: 11/21/2025)

SEALED DOCUMENT by Plaintiff Jonathan Kotyk Exhibit B (Dewitty, Robert) (Entered: 11/21/2025)

SEALED DOCUMENT by Plaintiff Jonathan Kotyk Exhibit C (Dewitty, Robert) (Entered: 11/21/2025)

MOTION by Plaintiff Jonathan Kotyk to seal Schedule A, Exhibits B and C (Dewitty, Robert) (Entered: 11/21/2025)

MEMORANDUM by Jonathan Kotyk in support of motion to seal 6 (Dewitty, Robert) (Entered: 11/21/2025)

clerk's notice

case assigned

CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. Case assignment: Random assignment. (Civil Category 1). (qrtr, )

MOTION by Plaintiff Jonathan Kotyk for temporary restraining order (Attachments: # 1 Declaration Robert M. DeWitty, # 2 Exhibit Att 1)(Dewitty, Robert) (Entered: 11/26/2025)

MEMORANDUM by Jonathan Kotyk in support of motion for temporary restraining order 8 (Dewitty, Robert) (Entered: 11/26/2025)

MOTION by Plaintiff Jonathan Kotyk to reset December 29, 2025 Status Hearing (Dewitty, Robert) (Entered: 12/16/2025)

AMENDED complaint by Jonathan Kotyk against The Partnerships and Unincorporated Associations Identfied in Schedule A (Attachments: # 1 Exhibit A-2)(Dewitty, Robert) (Entered: 12/30/2025)

MOTION by Plaintiff Jonathan Kotyk for temporary restraining order (Dewitty, Robert) (Entered: 12/30/2025)

MEMORANDUM by Jonathan Kotyk in support of motion for temporary restraining order 15 (Attachments: # 1 Declaration of Robert DeWitty, # 2 Exhibit)(Dewitty, Robert) (Entered: 12/30/2025)

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 1/5/2026 is stricken. Parties need not appear. Mailed notice (aw,) (Entered: 01/05/2026)

text entry

order on motion to seal

sealed document

sealed document

order on motion for temporary restraining order

Response

amended complaint

party added