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Case number 1:21-cv-00060

Luxottica Group S.p.A. et al v. Vin Phat, Inc. et al > Documents

Date Field Doc. No.Description (Pages)
Jun 15, 2022 42 Order Dismissing Case (1)
Docket Text:AGREED DISMISSAL ORDER: the Court hereby ORDERS that this matter is hereby DISMISSED WITH PREJUDICE as having been settled, compromised, and adjusted, each side to bear its own costs. Signed by Senior Judge Irene M. Keeley on 6/15/22. (jss)
Jun 15, 2022 41 Proposed Order -- NOT PRETRIAL (2)
Docket Text: Proposed Agreed Dismissal Order by Luxottica Group S.p.A., Oakley, Inc.. (Ford, Joseph)
May 17, 2022 40 Order (1)
Docket Text:ORDER DIRECTING COUNSEL TO SUBMIT DISMISSAL ORDER. Signed by Senior Judge Irene M. Keeley on 5/17/2022. (Copy counsel of record)(jmm)
May 17, 2022 N/A Paperless Order (0)
Docket Text:PAPERLESS ORDER. Based upon the Notice of Settlement [38] filed herein, the mediation scheduled before Magistrate Judge Aloi on 5/23/2022 is hereby CANCELLED. Signed by Magistrate Judge Michael John Aloi on 5/17/2022. (nf)
May 17, 2022 38 Notice of Settlement (3)
Docket Text: NOTICE of Settlement and Request to Abate by Luxottica Group S.p.A., Oakley, Inc. (Ford, Joseph)
Apr 26, 2022 37 Order Setting Settlement Week Mediation (4)
Docket Text:ORDER SCHEDULING MEDIATION: It is ORDERED that this matter is SCHEDULED for Mediation on 5/23/2022 at 8:30 am in Clarksburg Bankruptcy Courtroom. Signed by Magistrate Judge Michael John Aloi on 4/26/2022. (cnd)
Apr 25, 2022 36 Order Referring Case to Magistrate Judge (1)
Docket Text:ORDER REFERRING MEDIATION TO MAGISTRATE JUDGE. Signed by Senior Judge Irene M. Keeley on 4/25/22. (jss)
Mar 22, 2022 34 Order (1)
Docket Text:ORDER SCHEDULING STATUS CONFERENCE. (Status Conference set for 4/22/2022 12:00 PM before Senior Judge Irene M. Keeley) Signed by Senior Judge Irene M. Keeley on 03/22/2022. (kam)
Mar 7, 2022 32 Notice (Other) (3)
Docket Text: NOTICE by Luxottica Group S.p.A., Oakley, Inc. Notice of Mediation (Ford, Joseph)
Jan 28, 2022 31 Certificate of Service (1)
Docket Text: CERTIFICATE OF SERVICE by Vin Phat, Inc. Defendant Vin Phat's First Set of Discovery to Luxottica Group (Tipton, Kevin)
Jan 28, 2022 30 Certificate of Service (1)
Docket Text: CERTIFICATE OF SERVICE by Vin Phat, Inc. Defendant Vin Phat's First Set of Discovery to Oakley, Inc. (Tipton, Kevin)
Nov 8, 2021 29 Certificate of Service (1)
Docket Text: CERTIFICATE OF SERVICE by Vin Phat, Inc. Responses to Plaintiff's First Request for Production of Documents. (Tipton, Kevin)
Nov 8, 2021 28 Certificate of Service (1)
Docket Text: CERTIFICATE OF SERVICE by Kurt Sieu Ly Responses to Plaintiff's First Request for Production of Documents. (Tipton, Kevin)
Sep 10, 2021 27 Certificate of Service (1)
Docket Text: CERTIFICATE OF SERVICE by Luxottica Group S.p.A., Oakley, Inc. Plaintiffs' First Request for Production of Documents to Defendant Vin Phat, Inc.. (Ford, Joseph)
Sep 10, 2021 26 Certificate of Service (1)
Docket Text: CERTIFICATE OF SERVICE by Luxottica Group S.p.A., Oakley, Inc. Plaintiffs' First Request for Production of Documents to Defendant Kurt Ly. (Ford, Joseph)
Sep 10, 2021 25 Scheduling Order (12)
Docket Text: SCHEDULING ORDER: Amended Pleadings/Joinder of Parties due by 10/15/2021. Discovery due by 2/18/2022. Dispositive Motions due by 3/11/2022. Proposed Pretrial Order due by 7/8/2022. Final Pretrial/Settlement Conference set for 7/22/2022 01:00 PM in Clarksburg District Judge Courtroom, 2nd Floor before Senior Judge Irene M. Keeley. Jury Selection/Jury Trial set for 8/1/2022 09:30 AM in Clarksburg District Judge Courtroom, 2nd Floor before Senior Judge Irene M. Keeley. Signed by Senior Judge Irene M. Keeley on 9/10/21. (mh)
Aug 19, 2021 23 Other Document (3)
Docket Text:Defendants' Rule 26 Initial Disclosures Other Document filed by Kurt Sieu Ly, Vin Phat, Inc.. (Tipton, Kevin)
Aug 12, 2021 22 Certificate of Service (1)
Docket Text: CERTIFICATE OF SERVICE by Luxottica Group S.p.A., Oakley, Inc. Plaintiffs' Rule 26(a)(1) Initial Disclosures. (Ford, Joseph)
Aug 9, 2021 21 Order (1)
Docket Text:ORDER CONTINUING SCHEDULING CONFERENCE. Scheduling Conference set for 9/9/2021 03:00 PM in Judge Keeley Chambers before Senior Judge Irene M. Keeley. Signed by Senior Judge Irene M. Keeley on 8/9/2021. (dk)
Jul 11, 2021 N/A Notice (Other) (0)
Docket Text:IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on July 19, 2021. Preparing for NextGen CM/ECF is a two-step process. Step One was to upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVND e-filing account in the new NextGen CM/ECF system on or after July 19, 2021. Instructions for linking your account can be found here.PLEASE NOTE: The WVND CM/ECF system will be unavailable from 1:00 pm on Friday July 16, 2021 until 8:00 am Monday, July 19, 2021. An extension for electronic filing will be granted for all documents with court-imposed deadlines falling between 1:00 pm on Friday, July 16, 2021, and midnight on Sunday, July 18, 2021. All documents due during that period must be filed prior to 1:00 pm Friday, July 16, 2021, or on Monday, July 19, 2021. If you have any additional questions, please contact the PACER Service Center at 800-676-6856 or the WVND Clerks Office CM/ECF Help Desk at (304) 267-5682. (cmd) (ADI)
Jul 7, 2021 19 Report of Rule 26(f) Planning Meeting (5)
Docket Text: REPORT of Rule 26(f) Planning Meeting. (Ford, Joseph)
Jun 29, 2021 18 Order on Motion for Leave to Appear (1)
Docket Text:ORDER granting [16] Motion for David B. Rosenberg Leave to Appear Pro Hac Vice on behalf of Luxottica Group S.p.A. Signed by Senior Judge Irene M. Keeley on 6/29/2021. (dk)
Jun 25, 2021 16 Motion for Leave to Appear (3)
Docket Text: Other Document Application for Admission Pro Hac Vice filed by Luxottica Group S.p.A.. (Ford, Joseph) Modified on 6/25/2021 to change to pending motion (mh).
Jun 19, 2021 N/A Notice (Other) (0)
Docket Text:IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM?ECF system to Next Generation of CM/ECF (NextGen CM/ECF) on Monday, July 19, 2021. Complete information regarding the WVND NextGen CM/ECF implementation can be found here. Preparing for NextGen Cm/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVND e-fling account in the new NextGen CM/ECF system on or after July 19, 2021. Please log in to the WVND CM/ECF system at https://ecf.wvnd.uscourts.gov/ before July 19, 2021 to make sure you know your current WVND e-filing login and password. Do not rely on your username and password being saved in your web browser, because that method will not work with the NextGen upgrade. If you do not know your login or password or have any additional questions please call the WVND Clerks CM/ECF Office Help Desk at (304) 267-5682. (cmd) (ADI)
Jun 8, 2021 15 Corporate Disclosure Statement (2)
Docket Text: Corporate Disclosure Statement by Vin Phat, Inc.. (Tipton, Kevin)
Jun 8, 2021 14 Answer to Complaint (8)
Docket Text: ANSWER to [1] Complaint by Kurt Sieu Ly, Vin Phat, Inc..(Tipton, Kevin)
May 30, 2021 N/A Notice (Other) (0)
Docket Text:IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on July 19, 2021. Complete information regarding the WVND NextGen CM/ECF implementation can be found here.
Currently, many attorneys within a firm may share a single PACER account. This will no longer be allowed with the New WVND NextGen CM/ECF system because each attorney must have an individual upgraded PACER account that will be linked to their e-filing account. Shared PACER accounts cannot be used by WVND e-filing attorneys once the WVND NextGen CM/ECF system is implemented. Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account, and step two is to link your upgraded PACER account to the WVND e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step cant be completed until on or after July 19, 2021. The first step is to check and see if your PACER account is an upgraded PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have un upgraded PACER account and no action is required until after the WVND NextGen CM/ECF upgrade occurs on July 19, 2021: 1) You have a an upgraded PACER account for another NextGen court; or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WVND CM/ECF account for your new NextGen CM/ECF account. Additional notices will be sent later detailing how to handle the second step in this process. If you still have questions, please contact the PACER Service Center at 800-676-6856 or the WVND Clerks Office CM/ECF Help Desk at (304) 267-5682. (cmd) (ADI)
May 26, 2021 13 Notice (Other) (2)
Docket Text: NOTICE by Kurt Sieu Ly of Bona Fide Defense (Tipton, Kevin)
May 26, 2021 12 Notice (Other) (2)
Docket Text: NOTICE by Vin Phat, Inc. of Bona Fide Defense (Tipton, Kevin)
May 26, 2021 11 Notice of Appearance (2)
Docket Text: NOTICE of Appearance by Kevin T. Tipton on behalf of All Defendants (Tipton, Kevin)
May 12, 2021 10 FirstOrder (3)
Docket Text:FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING:

***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm

Rule 26 Meeting to be held by 7/12/2021. Rule 26 Meeting Report due by 7/26/2021. Scheduling Conference set for 8/9/2021 02:00 PM before Senior Judge Irene M. Keeley. Discovery due by 8/16/2021. Signed by Senior Judge Irene M. Keeley on 5/12/21. (mh)

May 12, 2021 9 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed as to Vin Phat, Inc. served on 5/12/2021. (Ford, Joseph)
May 12, 2021 8 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed as to Kurt Sieu Ly served on 5/12/2021. (Ford, Joseph)
May 10, 2021 7 Corporate Disclosure Statement (2)
Docket Text: Corporate Disclosure Statement by Luxottica Group S.p.A.. (Ford, Joseph)
May 10, 2021 6 Corporate Disclosure Statement (2)
Docket Text: Corporate Disclosure Statement by Oakley, Inc.. (Ford, Joseph)
May 7, 2021 5 Report Re: Patent/Trademark (1)
Docket Text: REPORT to USPTO re Oakley, Inc., on the filing or determination of an action regarding re [1] Complaint. (dk)
May 7, 2021 4 Report Re: Patent/Trademark (1)
Docket Text: REPORT to USPTO regarding Luxottica Group, S.p.A., on the filing or determination of an action regarding re [1] Complaint. (dk)
May 6, 2021 1 Civil Cover Sheet (2)
May 6, 2021 1 Main Document (12)
Docket Text: COMPLAINT against Kurt Sieu Ly, Vin Phat, Inc., filed by Oakley, Inc., Luxottica Group S.p.A. Filing Fee $402. Receipt #0424-3253873. (Attachments: # (1) Civil Cover Sheet) (dk)
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