Tijerino v. Spotify USA Inc

1:25-cv-08176

Overview

Case Number 1:25-cv-08176

Filing Date 2025-10-02

Status Litigation filed

Court District Court, S.D. New York (nysd)

Presiding Judge Edgardo Ramos

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 28:1338pt Patent Infringement

Jury Demand None

Parties

Defendant

Spotify USA Inc.

Represented By

10 Attorneys Listed

Mark Ackal

365 Canal St.

Tel: +1 (504) 584-9261

365 Canal St., Suite 2000

Lindsay J. Calhoun

Phelps Dunbar, LLP (New Orleans)

Tel: +1 (504) 584-9315

Canal Place, 365 Canal St.

Kyle W.K. Mooney

Morrison & Foerster

Tel: +1 (212) 468-8000

Fax: +1 (212) 468-7900

Morrison & Foerster, 250 West 55th Street

Jonathan R Defosse

Fried, Frank, Harris, Shriver & Jacobson, LLP (DC)

Tel: +1 (202) 639-7277

Fax: +1 (202) 639-7003

801 17th Street, NW, Washington, DC 20006

John Sebastiano Douglass

Morrison & Foerster LLP

Tel: +1 (415) 268-7896

425 Market Street, San Francisco, CA 10019

Harper Batts

Sheppard Mullin Richter & Hampton LLP

Tel: +1 (650) 815-2673

1540 El Camino Real, Suite 120

Christopher Scott Ponder

Sheppard, Mullin, Richter & Hampton LLP

Tel: +1 (650) 815-2676

1540 El Camino Real, Suite 120

Charles Calhoun Provine

Morrison Foerster

Tel: +1 (202) 887-1500

Fax: +1 (202) 887-0763

Morrison Foerster, 2100 L Street NW

Kyle W. Mooney

Morrison & Foerster LLP (NYC)

Tel: +1 (212) 336-4092

Fax: +1 (212) 468-7900

250 West 55th Street, New York, NY 10019

David Patron

Phelps Dunbar, LLP (New Orleans)

Tel: +1 (504) 566-1311

365 Canal St., Suite 2000

Plaintiff

Manuel Tijerino

Represented By

1 Attorneys Listed

Manuel Tijerino

2141 Leslie Street

Tel: +1 (515) 803-8907

2141 Leslie Street, Gretna, LA 70056

Court & Judges

Court

District Court, S.D. New York (nysd)

Presiding Judge

Edgardo Ramos

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT against Spotify USA Inc filed by Manuel Tijerino. (Attachments: # 1 Summons, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C-E, # 5 Exhibit F-I, # 6 Exhibit J-L, # 7 Civil Cover Sheet)(sdp) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 09/20/2024)

2024-09-18

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EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Manuel Tijerino. Motion(s) referred to Donna Phillips Currault. (sdp) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 09/20/2024)

2024-09-18

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ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Donna Phillips Currault on 9/23/2024. (Attachments: # 1 Pauper Letter) (alm) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 09/23/2024)

2024-09-23

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RULE 54.7 NOTICE. (alm) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 09/23/2024)

2024-09-23

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Tijerino v. Spotify USA Inc

Overview

Parties

Defendant

Spotify USA Inc. Follow

Represented By

Plaintiff

Manuel Tijerino Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against Spotify USA Inc filed by Manuel Tijerino. (Attachments: # 1 Summons, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C-E, # 5 Exhibit F-I, # 6 Exhibit J-L, # 7 Civil Cover Sheet)(sdp) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 09/20/2024)

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Manuel Tijerino. Motion(s) referred to Donna Phillips Currault. (sdp) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 09/20/2024)

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Donna Phillips Currault on 9/23/2024. (Attachments: # 1 Pauper Letter) (alm) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 09/23/2024)

RULE 54.7 NOTICE. (alm) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 09/23/2024)

Summons Issued as to Spotify USA Inc. (alm) (cc: Plaintiff w/Pauper Letter, Pauper Order and Complaint) (Main Document 5 modified to correct clerical error on 9/24/2024) (alm). [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 09/23/2024)

AO 120 Report Regarding Patent & Trademark. (bwn) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 10/15/2024)

SUMMONS Returned Executed; Spotify USA Inc served on 12/3/2024, answer due 12/24/2024. (sdp) Images QC'd on 12/9/2024 (ss). [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 12/05/2024)

EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint by Spotify USA Inc. (Attachments: # 1 Proposed Order)Attorney David Patron added to party Spotify USA Inc(pty:dft).(Patron, David) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 12/20/2024)

SUMMONS Returned Executed; Spotify USA Inc served on 12/31/2024, answer due 1/21/2025. (mmv) Image QC'd on 3/31/2025 (gla). [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 01/08/2025)

Statement of Corporate Disclosure by Spotify USA Inc identifying Corporate Parent Spotify AB, Corporate Parent Spotify Technology S.A. for Spotify USA Inc (Patron, David) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 01/14/2025)

MOTION to Dismiss Case by Spotify USA Inc. Motion(s) will be submitted on 2/5/2025. (Attachments: # 1 Notice of Submission, # 2 Memorandum in Support, # 3 Exhibit A - Declaration)(Patron, David) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 01/14/2025)

NOTICE: Scheduling Conference set for 2/4/2025 at 11:00 AM before case manager by telephone. All parties are to call into the conference call at 1-833-990-9400, Guest ID: 239087681#. Issued by Case Manager. (dw) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 01/16/2025)

MOTION for Leave to Amend Complaint by Manuel Tijerino. (Attachments: # 1 Proposed Amended Complaint, # 2 Proposed Exhibit, # 3 Proposed Order)(sdp). (Main Document 19 replaced on 1/29/2025) (sdp). [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 01/29/2025)

NOTICE of Non-Opposition re 19 MOTION for Leave to File by Spotify USA Inc . (Patron, David) Modified text on 2/3/2025 (pp). [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 01/31/2025)

Statement of Corporate Disclosure by Manuel Tijerino (sdp) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 02/04/2025)

RESPONSE/MEMORANDUM in Support filed by Spotify USA Inc re 13 MOTION to Dismiss Case . (Attachments: # 1 Declaration Of Lindsey Goring)(Patron, David) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 02/14/2025)

MOTION for Leave to File Sur-Reply by Manuel Tijerino. (Attachments: # 1 Proposed Order, # 2 Proposed Sur-Reply, # 3 Proposed Exhibits ABC)(sdp) (Attachment 3 replaced on 2/18/2025) (sdp). [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 02/18/2025)

ORDER GRANTING 24 Motion for Leave to Exceed Page Limit. Signed by Judge Ivan L.R. Lemelle on 2/18/2025. (pp) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 02/18/2025)

RESPONSE/MEMORANDUM in Opposition filed by Manuel Tijerino re 13 MOTION to Dismiss Case . (Attachments: # 1 Exhibit A-F, # 2 Exhibit G-J)(pp) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 02/18/2025)

MOTION for Leave to File Second Amended Complaint by Manuel Tijerino. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(sdp) (Main Document 29 replaced on 2/28/2025) (sdp). [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 02/28/2025)

MOTION for Leave to File Motion to Stay Defendant's Motion to Dismiss Pending Discovery by Manuel Tijerino. (Attachments: # 1 Proposed Order, # 2 Proposed Motion, # 3 Exhibits A-D)(sdp) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 03/06/2025)

AMENDED COMPLAINT against Spotify USA Inc filed by Manuel Tijerino. (Attachments: # 1 Exhibit)(dw) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 03/19/2025)

AMENDED COMPLAINT against Spotify USA Inc filed by Manuel Tijerino. (Attachments: # 1 Exhibit)(dw) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 03/19/2025)

MOTION to Stay 13 MOTION to Dismiss Case Pending Discovery by Manuel Tijerino. Motion(s) will be submitted on 3/31/2025. (Attachments: # 1 Exhibits A-D)(dw) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 03/19/2025)

RESPONSE/MEMORANDUM in Opposition filed by Spotify USA Inc re 33 MOTION to Stay re 13 MOTION to Dismiss Case . (Patron, David) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 03/28/2025)

RESPONSE/MEMORANDUM in Opposition filed by Spotify USA Inc re 29 MOTION for Leave to File Second Amended Complaint . (Patron, David) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 03/28/2025)

Reply by Manuel Tijerino to 33 MOTION to Stay re 13 MOTION to Dismiss Case (sdp) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 03/31/2025)

**FILED IN ERROR. SEE 38 FOR CORRECTED FILING.**Reply by Manuel Tijerino to 29 MOTION for Leave to File Second Amended Complaint. (sdp) Modified on 4/3/2025 (dw). [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 03/31/2025)

Reply by Manuel Tijerino to 29 MOTION for Leave to File Second Amended Complaint. (sdp) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 03/31/2025)

MOTION to Stay Discovery by Spotify USA Inc. Motion(s) will be submitted on 4/30/2025. (Attachments: # 1 Notice of Submission, # 2 Memorandum in Support, # 3 Exhibit A)(Patron, David) [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 04/09/2025)

Track Case Updates

Spotify USA Inc.

Manuel Tijerino

FILED IN ERROR. SEE 38 FOR CORRECTED FILING.Reply by Manuel Tijerino to 29 MOTION for Leave to File Second Amended Complaint. (sdp) Modified on 4/3/2025 (dw). [Transferred from Louisiana Eastern on 10/2/2025.] (Entered: 03/31/2025)