Walker v. Monica Rich Kosann

Background

Andrew Walker, Jr., appearing without a lawyer, brought an action alleging patent infringement. The amended complaint was filed at Docket Number 5.

Provenance Gems, LLC moved to dismiss under Federal Rule of Civil Procedure 12(b)(2), arguing that the court lacked personal jurisdiction over it. The other defendants—eBay, Inc., Fisher-Price, Inc., Monica Rich Kosann, Woodrow Jewelers, and Amazon Advertising LLC—moved to dismiss under Rule 12(b)(6), arguing that the amended complaint failed to state a legally sufficient claim.

Report and Recommendation

Magistrate Judge Jennifer E. Willis issued a Report and Recommendation on February 16, 2024. She recommended granting all defendants’ motions to dismiss and allowing Walker to file another amended complaint.

The recommendation told the parties that they had fourteen days to object and that objections had to be filed with the Clerk of Court and through the electronic filing system. No objections were filed, and the time to object expired. The court stated that the parties therefore waived the right to object to the recommendation or obtain appellate review of it.

Ruling

Despite the waiver, the court conducted its own review of the recommendation and found it well reasoned and supported. Judge John P. Cronan adopted the recommendation in its entirety.

The court granted the motions to dismiss filed by Provenance Gems, LLC, eBay, Inc., Fisher-Price, Inc., Monica Rich Kosann, Woodrow Jewelers, and Amazon Advertising LLC. The court also granted Walker leave to file a second amended complaint within thirty days of the order, by April 3, 2024. The order stated that if Walker did not file the complaint or obtain an extension by that date, the court would direct the Clerk to close the case without further notice. The Clerk was directed to close the listed pending motions.