Explore the details of the Spin-Balls, Llc V. Five Below, Inc. case under case number 8:23-cv-02743 involving a cause of action for Patent Infringement. Review key information about the parties involved, the patents in question, and the docket entries.

Case Details

Case Number
8:23-cv-02743
Filing Date
Nov 30, 2023
Cause of Action
Patent Infringement
Status
-
Nature of Suit
Patent

The following parties are involved in this case, with their respective legal representatives for the case.

NameRepresented By
1616 Holdings, Inc. -
JM Manufacturing (HK) Ltd. -
Five Below, Inc. -
RMS International (USA) Inc. -
Spin-balls, LLC -

Patents Involved in the Case

Patents not found - set an alert to get notified when patents are added.

Docket Entries

The Docket Entries section provides a chronological list of all significant filings and court actions in this case.

DateDocket EntryType

Set alerts for critical docket entry

Dec 5, 2023NOTICE to Counsel of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (BCH) (Entered: 12/05/2023)PACER Document
Dec 12, 2023CLERK ENTERED IN ERROR. NEF regenerated. (BD). (Entered: 12/12/2023)PACER Document
Dec 12, 2023ENDORSED ORDER granting 18 Motion to Correct. The corrected Motion to appear pro hac vice (Doc. 18) is granted. Attorney Kyle E. Yarberry may appear pro hac vice on behalf of Plaintiff. Within twenty-one (21) days of the date of this order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 12/12/2023. (SC) (Entered: 12/12/2023)PACER Document
Dec 12, 2023ENDORSED ORDER denying as moot 17 Motion to Appear Pro Hac Vice. The Motion at Doc. 17 is denied as moot as the attached document was incorrectly filed. The corrected Motion was subsequently refiled at Doc. 18. Signed by Magistrate Judge Anthony E. Porcelli on 12/12/2023. (SC) (Entered: 12/12/2023)PACER Document
Dec 19, 2023NOTICE of hearing on motion re 23 MOTION for Clarification re 2 Verified MOTION for Temporary Restraining Order and Expedited Discovery, 24 MOTION for Protective Order and Request for Hearing. Motion Hearing set for 12/21/2023 at 12:30 PM VIA ZOOM before Magistrate Judge Anthony E. Porcelli. Zoom information to be sent via email to counsel of record.(LV) (Entered: 12/19/2023)PACER Document
Dec 21, 2023NOTICE canceling Motion hearing scheduled for 12/21/2023. Based upon the joint telephonic request, the hearing will be rescheduled if necessary. (LV) (Entered: 12/21/2023)PACER Document
Jan 3, 2024ENDORSED ORDER granting 27 Motion to Appear Pro Hac Vice. Attorney Paul J. Kennedy may appear pro hac vice on behalf of Defendants Five Below, Inc. and 1616 Holdings, Inc. Within twenty-one (21) days of the date of this order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 1/3/2024. (SEC) (Entered: 01/03/2024)PACER Document
Jan 3, 2024ENDORSED ORDER granting 28 Motion to Appear Pro Hac Vice. Attorney Sean P. McConnell may appear pro hac vice on behalf of Defendants Five Below, Inc. and 1616 Holdings, Inc. Within twenty-one (21) days of the date of this order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 1/3/2024. (SEC) (Entered: 01/03/2024)PACER Document
Jan 18, 2024ENDORSED ORDER GRANTING 52 the Parties' Joint Motion for Extension of Time to Submit Case Management Report. The Parties shall have up to and including January 23, 2024, to submit a Joint Case Management Report. Signed by Judge Mary S. Scriven on 1/18/2024. (KBC) (Entered: 01/18/2024)PACER Document
Jan 23, 2024ENDORSED ORDER DENYING AS MOOT 23 Plaintiff Spin-Balls, LLC's Motion for Clarification of the Court's Temporary Restraining Order and DENYING AS MOOT 24 Motion of Defendants Five Below, Inc. and 1616 Holdings, Inc. for Protective Order and Request for Hearing. Signed by Judge Mary S. Scriven on 1/23/2024. (KBC) (Entered: 01/23/2024)PACER Document
Jan 24, 2024ENDORSED ORDER granting 59 Motion to Appear Pro Hac Vice. Attorney Joshua C. Krumholz may appear pro hac vice on behalf of Defendant RMS International (USA), Inc. Within twenty-one (21) days of the date of this order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 1/24/2024. (SEC) (Entered: 01/24/2024)PACER Document
Jan 25, 2024ENDORSED ORDER GRANTING 63 the Parties' Joint Motion for Settlement Conference. This matter is referred, with His Honor's consent, for a settlement conference before United States Magistrate Judge Sean P. Flynn at a time to be determined by Judge Flynn. Judge Flynn will set the date, time, and protocol for the settlement conference by separate notice. If the Parties reach a settlement, prompt notice shall be provided in accord with Local Rule 3.09. Signed by Judge Mary S. Scriven on 1/25/2024. (KBC) (Entered: 01/25/2024)PACER Document
Feb 2, 2024ENDORSED ORDER GRANTING 73 the Parties' Joint Motion to Stay Proceedings Pending Settlement Conference and Discussions. This matter is STAYED and ADMINISTRATIVELY CLOSED for a period of thirty (30) days. Upon the conclusion of the thirty (30) day period, the Parties shall file a status report, indicating whether the Parties have settled, whether settlement discussions are ongoing, or whether they are unable to settle. Based on the information provided in the status report, the Court will either reopen the case and issue a case management scheduling order, or the case will remain administratively closed in order to provide the Parties additional time to discuss settlement. Signed by Judge Mary S. Scriven on 2/2/2024. (KBC) (Entered: 02/02/2024)PACER Document
Feb 23, 2024ENDORSED ORDER re 71 Order scheduling settlement conference. At the request of Five Below, Inc., and with the consent of Spin-Balls, LLC and RMS International (USA) Inc., the settlement conference shall remain open until March 8, 2024. Signed by Magistrate Judge Sean P. Flynn on 2/23/2024. (Flynn, Sean) (Entered: 02/23/2024)PACER Document
Mar 5, 2024ENDORSED ORDER GRANTING 77 the Parties' Joint Motion to Continue Stay of Proceedings Pending Settlement Discussions. This matter is STAYED and ADMINISTRATIVELY CLOSED for an additional period of thirty (30) days up to and including April 4, 2024. Upon the conclusion of the thirty (30) day period, the Parties shall file a status report, indicating whether the Parties have settled, whether settlement discussions are ongoing, or whether they are unable to settle. Based on the information provided in the status report, the Court will either reopen the case and issue a case management scheduling order, or the case will remain administratively closed in order to provide the Parties additional time to discuss settlement. Signed by Judge Mary S. Scriven on 3/5/2024. (KBC) (Entered: 03/05/2024)PACER Document
Mar 26, 2024ENDORSED ORDER GRANTING 79 the Parties' Joint Motion to Continue Stay or Administratively Close Proceedings Until July 5, 2024. This matter is STAYED and ADMINISTRATIVELY CLOSED up to and including July 5, 2024. On or before July 5, 2024, the Parties shall file a status report, indicating whether the Parties have settled, whether settlement discussions are ongoing, or whether they are unable to settle. Based on the information provided in the status report, the Court will either reopen the case and issue a case management scheduling order, or the case will remain administratively closed in order to provide the Parties additional time to discuss settlement. Signed by Judge Thomas P. Barber on 3/26/2024 to expedite the resolution of this motion. This case remains assigned to Judge Mary S. Scriven. (KBC) (Entered: 03/26/2024)PACER Document
Jul 11, 2024ENDORSED ORDER GRANTING 83 Plaintiff's and Defendants' Five Below, Inc., and 1616 Holdings, Inc. Stipulated Motion for Voluntary Dismissal With Prejudice and 84 Plaintiff's and Defendant Five Below's Stipulated Motion for Voluntary Dismissal With Prejudice. The Court retains jurisdiction over the Parties' respective Confidential Settlement Agreements. This case is DISMISSED WITH PREJUDICE as to Defendants Five Below, Inc. and 1616 Holdings, Inc. Each party shall bear its own attorneys' fees and costs associated with this matter. Signed by Judge Mary S. Scriven on 7/11/2024. (KBC) (Entered: 07/11/2024)PACER Document
Dec 1, 2023Verified MOTION for Temporary Restraining Order and Expedited Discovery by Spin-balls, LLC. (Attachments: # 1 Text of Proposed Order Proposed Temporary Restraining Order, # 2 Main Document Memorandum of Law in Support of Motion for Temporary Restraining Order and Expedited Discovery, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Affidavit Declaration of Kevin Schlapik)(Sozzani, Joseph) Modified on 12/1/2023 (LD). (Entered: 12/01/2023)Attachment
Dec 1, 2023Verified MOTION for Temporary Restraining Order and Expedited Discovery by Spin-balls, LLC. (Attachments: # 1 Text of Proposed Order Proposed Temporary Restraining Order, # 2 Main Document Memorandum of Law in Support of Motion for Temporary Restraining Order and Expedited Discovery, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Affidavit Declaration of Kevin Schlapik)(Sozzani, Joseph) Modified on 12/1/2023 (LD). (Entered: 12/01/2023)Attachment
Dec 1, 2023Verified MOTION for Temporary Restraining Order and Expedited Discovery by Spin-balls, LLC. (Attachments: # 1 Text of Proposed Order Proposed Temporary Restraining Order, # 2 Main Document Memorandum of Law in Support of Motion for Temporary Restraining Order and Expedited Discovery, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Affidavit Declaration of Kevin Schlapik)(Sozzani, Joseph) Modified on 12/1/2023 (LD). (Entered: 12/01/2023)Attachment