Case number 5:21-cv-02438
Rothy's, Inc. v. Birdies, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Apr 6, 2021 | 4 | Initial Case Management Scheduling Order with ADR Deadlines (2) Docket Text: Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/30/2021. Initial Case Management Conference set for 7/7/2021 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 4/6/2021) 5 Filed & Entered: 04/06/2021 Summons Issued Docket Text: Summons Issued as to Birdies, Inc. (sfbS, COURT STAFF) (Filed on 4/6/2021) 6 Filed & Entered: 04/07/2021 Consent/Declination to Proceed Before a US Magistrate Judge Docket Text: CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Rothy's, Inc... (Finberg, Dana) (Filed on 4/7/2021) 7 Filed & Entered: 04/07/2021 Patent/Trademark Report Docket Text: REPORT on the filing or determination of an action regarding a Patent or Trademark (cc: form mailed to register). (Finberg, Dana) (Filed on 4/7/2021) 8 Filed & Entered: 04/07/2021 Clerk's Notice of Impending Reassignment - Text Only Docket Text: CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 4/7/2021) 9 Filed & Entered: 04/08/2021 Order Reassigning Case Docket Text: ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins no longer assigned to case. Reassignment Order signed by Clerk on 4/8/2021. (Attachments: # (1) Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 4/8/2021) 10 Filed & Entered: 04/08/2021 Clerk's Notice Docket Text: REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 6/30/2021. Initial Case Management Conference set for 7/7/2021, 02:00 PM, by Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, July 1, 2021, by no later than 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knmS, COURT STAFF) (Filed on 4/8/2021) 11 Filed & Entered: 04/29/2021 Certificate of Interested Entities Docket Text: Rule 7.1 Disclosures by Rothy's, Inc. (Finberg, Dana) (Filed on 4/29/2021) 12 Filed & Entered: 04/29/2021Terminated: 04/30/2021 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice - Michelle Mancino Marsh ( Filing fee $ 317, receipt number 0971-15906111.) filed by Rothy's, Inc.. (Marsh, Michelle) (Filed on 4/29/2021) 13 Filed & Entered: 04/29/2021Terminated: 04/30/2021 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice - Peter L Menchini ( Filing fee $ 317, receipt number 0971-15907044.) filed by Rothy's, Inc.. (Menchini, Peter) (Filed on 4/29/2021) 14 Filed & Entered: 04/30/2021 Order on Motion for Pro Hac Vice Docket Text: Order by Judge Vince Chhabria granting [12] Motion for Pro Hac Vice - Marsh.(knmS, COURT STAFF) (Filed on 4/30/2021) 15 Filed & Entered: 04/30/2021 Order on Motion for Pro Hac Vice Docket Text: Order by Judge Vince Chhabria granting [13] Motion for Pro Hac Vice - Menchini.(knmS, COURT STAFF) (Filed on 4/30/2021) 16 Filed & Entered: 06/02/2021 Notice of Appearance Docket Text: NOTICE of Appearance by Shannon Elizabeth Turner on behalf of Defendant Birdies, Inc. (Turner, Shannon) (Filed on 6/2/2021) 17 Filed & Entered: 06/02/2021Terminated: 06/03/2021 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16034315.) filed by Birdies, Inc.. (Attachments: # (1) Certificate of Good Standing)(Kaempf, Jessica) (Filed on 6/2/2021) 18 Filed & Entered: 06/02/2021Terminated: 06/03/2021 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16034678.) filed by Birdies, Inc.. (Attachments: # (1) Certificate of Good Standing)(Tellekson, David) (Filed on 6/2/2021) 19 Filed & Entered: 06/03/2021 Order on Motion for Pro Hac Vice Docket Text: Order by Judge Vince Chhabria granting [17] Motion for Pro Hac Vice - Kaempf.(knmS, COURT STAFF) (Filed on 6/3/2021) 20 Filed & Entered: 06/03/2021 Order on Motion for Pro Hac Vice Docket Text: Order by Judge Vince Chhabria granting [18] Motion for Pro Hac Vice - Tellekson.(knmS, COURT STAFF) (Filed on 6/3/2021) 21 Filed & Entered: 06/07/2021 Answer to Complaint Docket Text: ANSWER to Complaint with Jury Demand , COUNTERCLAIM to Complaint for Patent Infringement against Rothy's, Inc. byBirdies, Inc.. (Tellekson, David) (Filed on 6/7/2021) 22 Filed & Entered: 06/07/2021 Certificate of Interested Entities Docket Text: Certificate of Interested Entities by Birdies, Inc. and Corporate Disclosure Statement (Tellekson, David) (Filed on 6/7/2021) 23 Filed & Entered: 06/16/2021 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options Docket Text: ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Tellekson, David) (Filed on 6/16/2021) 24 Filed & Entered: 06/16/2021 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options Docket Text: ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Finberg, Dana) (Filed on 6/16/2021) 25 Filed & Entered: 06/17/2021Terminated: 06/18/2021 Motion to Withdraw as Attorney Docket Text: MOTION to Withdraw as Attorney for Plaintiff Rothy's, Inc. - Peter L. Menchini filed by Rothy's, Inc.. Responses due by 7/1/2021. Replies due by 7/8/2021. (Attachments: # (1) Proposed Order)(Menchini, Peter) (Filed on 6/17/2021) 26 Filed & Entered: 06/18/2021 Order on Motion to Withdraw as Attorney Docket Text: Order by Judge Vince Chhabria granting [25] Motion to Withdraw as Attorney..(vclc1S, COURT STAFF) (Filed on 6/18/2021) 27 Filed & Entered: 06/29/2021 Answer to Counterclaim Docket Text: ANSWER to Counterclaim Plaintiff/Counterclaim Defendant Rothy's, Inc.'s Answer to Defendant/Counterclaim Plaintiff Birdies, Inc.'s Counterclaims byRothy's, Inc.. (Leung, Jeff) (Filed on 6/29/2021) 28 Filed & Entered: 06/30/2021 Joint Case Management Statement Docket Text: JOINT CASE MANAGEMENT STATEMENT filed by Rothy's, Inc.. (Leung, Jeff) (Filed on 6/30/2021) 29 Filed: 07/07/2021 Entered: 07/08/2021 Case Management Conference - Initial Docket Text: Minute Entry for proceedings held before Judge Vince Chhabria: Initial Case Management Conference held via Zoom on 7/7/2021.The parties are ordered to file by 7/9/2021, a stipulation and proposed order containing a revised case schedule with actual hearing and due dates, and center around a trial on 10/3/2022, pretrial conference on 9/20/2022, at 10:00 a.m., and last day to hear dispositive motions of 6/9/2022. The stipulation should include a date for a further case management conference in February or March of 2022.Total Time in Court: 11 minutes. Court Reporter: Hearing recorded via Zoom: 3:13 - 3:24. Plaintiff Attorney: Dana Finberg, Michelle Marsh, and Jeff Leung. Defendant Attorney: David Tellekson and Jessica Kaempf. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knmS, COURT STAFF) (Date Filed: 7/7/2021) Modified on 9/2/2021: Matter transcribed by Joan Columbini. (rjdS, COURT STAFF). 30 Filed & Entered: 07/09/2021Terminated: 08/13/2021 Stipulation Docket Text: STIPULATION WITH PROPOSED ORDER Joint Stipulation and [Proposed] Order filed by Rothy's, Inc.. (Leung, Jeff) (Filed on 7/9/2021) 31 Filed & Entered: 07/14/2021 Order Docket Text: ORDER re [30] STIPULATION WITH PROPOSED ORDER. No later than 5 days from the date of this order, the parties are ordered to file a corrected stipulated proposed schedule in compliance with the Standing Order for Civil Cases Before Judge Chhabria and the Standing Order for Civil Trials Before Judge Chhabria. The parties should also consult Judge Chhabria's public calendar for available dates for case management conferences. Finally, any Daubert challenges relevant to a dispositive motion should be embedded in the briefing on that motion, rather than a separate parallel motion. Signed by Judge Vince Chhabria on 7/14/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1S, COURT STAFF) (Filed on 7/14/2021) 32 Filed & Entered: 07/19/2021Terminated: 07/23/2021 Stipulation Docket Text: STIPULATION WITH PROPOSED ORDER Corrected Stipulated Proposed Schedule filed by Rothy's, Inc.. (Leung, Jeff) (Filed on 7/19/2021) 33 Filed & Entered: 07/23/2021 Order on Stipulation Docket Text: Order by Judge Vince Chhabria granting [32] Corrected Stipulated Proposed Schedule. Amended Pleadings due by 9/6/2021. Case Management Statement due by 1/26/2022. Further Case Management Conference set for 2/2/2022 02:00 PM in San Francisco, - Videoconference Only. Final Pretrial Conference set for 9/20/2022 10:00 AM in San Francisco, Courtroom 04, 17th Floor. Jury Trial set for 10/3/2022 09:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Motion Hearing set for 6/9/2022 02:00 PM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria.(vclc1S, COURT STAFF) (Filed on 7/23/2021) 34 Filed & Entered: 08/27/2021 Notice of Appearance Docket Text: NOTICE of Appearance by Jacob M. Gilbert (Gilbert, Jacob) (Filed on 8/27/2021) 35 Filed & Entered: 08/31/2021Terminated: 08/31/2021 Motion to Withdraw as Attorney Docket Text: MOTION to Withdraw as Attorney for Plaintiff Rothy's, Inc. - Dana J. Finberg filed by Rothy's, Inc.. Responses due by 9/14/2021. Replies due by 9/21/2021. (Attachments: # (1) Proposed Order)(Finberg, Dana) (Filed on 8/31/2021) 36 Filed & Entered: 08/31/2021 Notice of Appearance Docket Text: NOTICE of Appearance by Janine Alison Carlan for Plaintiff Rothy's, Inc. (Carlan, Janine) (Filed on 8/31/2021) 37 Filed & Entered: 08/31/2021 Order on Motion to Withdraw as Attorney Docket Text: Order by Judge Vince Chhabria granting [35] Motion to Withdraw as Attorney. (vclc1S, COURT STAFF) (Filed on 8/31/2021) 38 Filed & Entered: 09/02/2021 Transcript Order Docket Text: TRANSCRIPT ORDER for proceedings held on 07/07/2021 before Judge Vince Chhabria by Rothy's, Inc., for Court Reporter FTR - San Francisco. (Carlan, Janine) (Filed on 9/2/2021) 39 Filed & Entered: 09/06/2021 Transcript Docket Text: Transcript of Proceedings held on July 7, 2021, before Judge Vince Chhabria. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, telephone number (510) 367-3043, joan.columbini.csr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re [38] Transcript Order ) Redaction Request due 9/27/2021. Redacted Transcript Deadline set for 10/7/2021. Release of Transcript Restriction set for 12/6/2021. (Related documents(s) [38]) (Columbini, Joan) (Filed on 9/6/2021) 40 Filed & Entered: 09/06/2021 Transcript Order Docket Text: TRANSCRIPT ORDER for proceedings held on July 7, 2021 before Judge Vince Chhabria by Birdies, Inc., for Court Reporter Joan Columbini. (Kaempf, Jessica) (Filed on 9/6/2021) 41 Filed & Entered: 09/06/2021 Amended Complaint Docket Text: AMENDED COMPLAINT against Birdies, Inc.. Filed byRothy's, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Carlan, Janine) (Filed on 9/6/2021) 42 Filed & Entered: 09/10/2021Terminated: 09/13/2021 Stipulation Docket Text: STIPULATED Protective Order for Litigation Involving Patents and Highly Sensitive Confidential Information filed by Rothy's, Inc. (Leung, Jeff) (Filed on 9/10/2021) Modified on 9/13/2021 (jlgS, COURT STAFF). 43 Filed & Entered: 09/13/2021 Order on Stipulation Docket Text: Order by Judge Vince Chhabria granting [42] Stipulated Protective Order. (vclc1S, COURT STAFF) (Filed on 9/13/2021) 44 Filed & Entered: 09/20/2021 Answer to Amended Complaint Docket Text: ANSWER and COUNTERCLAIMS to First Amended Complaint FAC for Patent Infringement, against All Plaintiffs by Birdies, Inc. (Tellekson, David) (Filed on 9/20/2021) Modified on 9/21/2021 (jlgS, COURT STAFF). 45 Filed & Entered: 10/12/2021 Answer to to CounterClaim Docket Text: ANSWER To Defendant's COUNTERCLAIMS To First Amended Complaint For Patent Infringement re [44] Answer to Amended Complaint, Counterclaim by Rothy's, Inc. (a Delaware corporation ). (Carlan, Janine) (Filed on 10/12/2021) Modified on 10/12/2021 (jlgS, COURT STAFF). 46 Filed & Entered: 10/18/2021Terminated: 10/18/2021 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16508482.) filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Certificate of Good Standing)(Gold, Brian) (Filed on 10/18/2021) 47 Filed & Entered: 10/18/2021 Order on Motion for Pro Hac Vice Docket Text: Order by Judge Vince Chhabria granting [46] Motion for Pro Hac Vice - Gold. (bxsS, COURT STAFF) (Filed on 10/18/2021) 48 Filed & Entered: 11/24/2021Terminated: 12/03/2021 Discovery Letter Brief Docket Text: Letter from Michelle Mancino Marsh Regarding ESI Order. (Attachments: # (1) Exhibit Rothy's Proposed ESI Order, # (2) Exhibit Rothy's Redline Comparison, # (3) Exhibit Birdies' Proposed ESI Order, # (4) Exhibit Birdies' Redline Comparison)(Carlan, Janine) (Filed on 11/24/2021) Modified on 12/2/2021 (agtlc1, COURT STAFF). Filed & Entered: 11/30/2021 Case Referred to Magistrate Judge for Discovery Docket Text: CASE REFERRED to Magistrate Judge Alex G. Tse for Discovery (ahm, COURT STAFF) (Filed on 11/30/2021) 49 Filed & Entered: 11/30/2021 Order Referring Case to Magistrate Judge for Discovery Docket Text: ORDER REFERRING CASE to randomly assigned Magistrate Judge for Discovery purposes. Signed by Judge Vince Chhabria on 11/30/2021. (bxs, COURT STAFF) (Filed on 11/30/2021) 50 Filed & Entered: 11/30/2021 Notice of Appearance Docket Text: NOTICE of Appearance by Steven David Moore (Moore, Steven) (Filed on 11/30/2021) 51 Filed & Entered: 11/30/2021 Notice of Appearance Docket Text: NOTICE of Appearance by Taylor Jacqueline Pfingst (Pfingst, Taylor) (Filed on 11/30/2021) 52 Filed & Entered: 12/03/2021 Order on Discovery Letter Brief Docket Text: DISCOVERY ORDER by Magistrate Judge Alex G. Tse: denying [48] Defendant's Requests. (shy, COURT STAFF) (Filed on 12/3/2021) 53 Filed & Entered: 12/03/2021 Order Docket Text: ORDER Re: Discovery of Electronically Stored Information by Magistrate Judge Alex G. Tse. (shy, COURT STAFF) (Filed on 12/3/2021) 54 Filed & Entered: 12/14/2021Terminated: 12/14/2021 Motion to Withdraw as Attorney Docket Text: MOTION to Withdraw as Attorney and Proposed Order for Plaintiff Rothy's, Inc. - Michelle Mancino Marsh filed by Rothy's, Inc.(a Delaware corporation ). Responses due by 12/28/2021. Replies due by 1/4/2022. (Marsh, Michelle) (Filed on 12/14/2021) 55 Filed & Entered: 12/14/2021Terminated: 12/14/2021 Motion to Withdraw as Attorney Docket Text: MOTION to Withdraw as Attorney and Proposed Order for Plaintiff Rothy's, Inc. - Janine A. Carlan filed by Rothy's, Inc.(a Delaware corporation ). Responses due by 12/28/2021. Replies due by 1/4/2022. (Carlan, Janine) (Filed on 12/14/2021) 56 Filed & Entered: 12/14/2021Terminated: 12/14/2021 Motion to Withdraw as Attorney Docket Text: MOTION to Withdraw as Attorney and Proposed Order for Plaintiff Rothy's, Inc. - Jacob M. Gilbert filed by Rothy's, Inc.(a Delaware corporation ). Responses due by 12/28/2021. Replies due by 1/4/2022. (Gilbert, Jacob) (Filed on 12/14/2021) 57 Filed & Entered: 12/14/2021Terminated: 12/14/2021 Motion to Withdraw as Attorney Docket Text: MOTION to Withdraw as Attorney and Proposed Order for Plaintiff Rothy's, Inc. - Jeff Leung filed by Rothy's, Inc.(a Delaware corporation ). Responses due by 12/28/2021. Replies due by 1/4/2022. (Leung, Jeff) (Filed on 12/14/2021) 58 Filed & Entered: 12/14/2021 Order on Motion to Withdraw as Attorney Docket Text: Order by Judge Vince Chhabria granting [54] Motion to Withdraw as Attorney. (vclc1, COURT STAFF) (Filed on 12/14/2021) 59 Filed & Entered: 12/14/2021 Order on Motion to Withdraw as Attorney Docket Text: Order by Judge Vince Chhabria granting [55] Motion to Withdraw as Attorney. (vclc1, COURT STAFF) (Filed on 12/14/2021) 60 Filed & Entered: 12/14/2021 Order on Motion to Withdraw as Attorney Docket Text: Order by Judge Vince Chhabria granting [56] Motion to Withdraw as Attorney. (vclc1, COURT STAFF) (Filed on 12/14/2021) 61 Filed & Entered: 12/14/2021 Order on Motion to Withdraw as Attorney Docket Text: Order by Judge Vince Chhabria granting [57] Motion to Withdraw as Attorney. (vclc1, COURT STAFF) (Filed on 12/14/2021) 62 Filed & Entered: 12/14/2021Terminated: 12/14/2021 Motion to Withdraw as Attorney Docket Text: MOTION to Withdraw as Attorney and Proposed Order for Plaintiff Rothy's, Inc. - Brian Gold filed by Rothy's, Inc.(a Delaware corporation ). Responses due by 12/28/2021. Replies due by 1/4/2022. (Gold, Brian) (Filed on 12/14/2021) 63 Filed & Entered: 12/14/2021 Order on Motion to Withdraw as Attorney Docket Text: Order by Judge Vince Chhabria granting [62] Motion to Withdraw as Attorney. (vclc1, COURT STAFF) (Filed on 12/14/2021) 64 Filed & Entered: 12/17/2021Terminated: 12/17/2021 Stipulation Docket Text: STIPULATION WITH PROPOSED ORDER re [33] Order on Stipulation,, JOINT STIPULATION AND [PROPOSED] ORDER REQUESTING MODIFICATION OF CASE SCHEDULE filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Pfingst Declaration, # (2) Exhibit A, # (3) Proposed Order)(Moore, Steven) (Filed on 12/17/2021) 65 Filed & Entered: 12/17/2021 Order on Stipulation Docket Text: Order by Judge Vince Chhabria granting [64] stipulation modifying case schedule. (vclc1, COURT STAFF) (Filed on 12/17/2021) Filed & Entered: 12/20/2021 Set Deadlines/Hearings Docket Text: Set Deadlines/Hearings re [65]: Case Management Statement due by 4/20/2022. Further Case Management Conference set for 4/27/2022 at 01:00 PM by Videoconference Only. Close of Fact Discovery due by 6/1/2022. Opening Expert Disclosures due by 6/8/2022. Rebuttal Expert Disclosures due by 7/6/2022. Close of Expert Discovery due by 7/20/2022. Dispositive Motions due by 8/3/2022. Dispositive Motion Hearing set for 9/8/2022 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Pretrial Conference set for 11/1/2022 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Jury Trial set for 11/14/2022 at 08:30 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (bxs, COURT STAFF) (Filed on 12/20/2021) 66 Filed & Entered: 12/27/2021Terminated: 06/24/2022 Administrative Motion to File Under Seal Docket Text: Administrative Motion to File Under Seal [Administrative Motion to Consider Whether Another Party's Material Should Be Sealed] filed by Birdies, Inc.. (Attachments: # (1) Proposed Order Granting Defendant's Administrative Motion to Consider Whether Another Party's Material Should Be Sealed, # (2) Unredacted Version of Exhibit 27 to the Declaration of Jessica M. Kaempf, # (3) Unredacted Version of Exhibit 35 to the Declaration of Jessica M. Kaempf, # (4) Unredacted Version of Exhibit 36 to the Declaration of Jessica M. Kaempf)(Tellekson, David) (Filed on 12/27/2021) 67 Filed & Entered: 12/27/2021Terminated: 05/09/2022 Motion for Summary Judgment Docket Text: MOTION for Summary Judgment of Invalidity, or in the Alternative, Noninfringement filed by Birdies, Inc.. Motion Hearing set for 2/10/2022 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 1/10/2022. Replies due by 1/18/2022. (Attachments: # (1) Defendant Birdies, Inc.'s Table of Exhibits, # (2) Appendix A to Defendant Birdies, Inc.'s Table of Exhibits, # (3) Appendix B to Defendant Birdies, Inc.'s Table of Exhibits, # (4) Declaration of Marisa Sharkey in Support of Birdies, Inc.'s Motion for Summary Judgment of Invalidity, or in the Alternative, Noninfringement, # (5) Exhibit A to the Declaration of Marisa Sharkey, # (6) Exhibit B, # (7) Exhibit C, # (8) Exhibit D, # (9) Exhibit E, # (10) Exhibit F, # (11) Exhibit G, # (12) Exhibit H, # (13) Exhibit I, # (14) Exhibit J, # (15) Exhibit K, # (16) Exhibit L, # (17) Exhibit M, # (18) Declaration of Jessica M. Kaempf in Support of Birdies, Inc.'s Motion for Summary Judgment of Invalidity, or in the Alternative, Noninfringement, # (19) Exhibit 1 to the Declaration of Jessica M. Kaempf, # (20) Exhibit 2, # (21) Exhibit 3, # (22) Exhibit 4, # (23) Exhibit 5, # (24) Exhibit 6, # (25) Exhibit 7, # (26) Exhibit 8, # (27) Exhibit 9, # (28) Exhibit 10, # (29) Exhibit 11, # (30) Exhibit 12, # (31) Exhibit 13, # (32) Exhibit 14, # (33) Exhibit 15, # (34) Exhibit 16, # (35) Exhibit 17, # (36) Exhibit 18, # (37) Exhibit 19, # (38) Exhibit 20, # (39) Exhibit 21, # (40) Exhibit 22, # (41) Exhibit 23, # (42) Exhibit 24, # (43) Exhibit 25, # (44) Exhibit 26, # (45) Exhibit 27 (Filed Under Seal), # (46) Exhibit 28, # (47) Exhibit 29, # (48) Exhibit 30, # (49) Exhibit 31, # (50) Exhibit 32, # (51) Exhibit 33, # (52) Exhibit 34, # (53) Exhibit 35 (Filed Under Seal), # (54) Exhibit 36 (Filed Under Seal), # (55) Exhibit 37, # (56) Exhibit 38, # (57) Exhibit 39, # (58) Exhibit 40, # (59) Exhibit 41, # (60) Exhibit 42, # (61) Exhibit 43, # (62) Exhibit 44, # (63) Exhibit 45, # (64) Exhibit 46, # (65) Exhibit 47, # (66) Exhibit 48, # (67) Exhibit 49, # (68) Exhibit 50, # (69) Exhibit 51, # (70) Exhibit 52, # (71) Exhibit 53)(Tellekson, David) (Filed on 12/27/2021) 68 Filed & Entered: 12/27/2021Terminated: 01/19/2022 Motion to Stay Docket Text: MOTION to Stay Discovery Pending Resolution of Birdie, Inc.'s Motion for Summary Judgment filed by Birdies, Inc.. Motion Hearing set for 2/10/2022 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 1/10/2022. Replies due by 1/18/2022. (Attachments: # (1) Proposed Order)(Tellekson, David) (Filed on 12/27/2021) 69 Filed & Entered: 12/28/2021 Certificate of Service Docket Text: CERTIFICATE OF SERVICE by Birdies, Inc. re [66] Administrative Motion to File Under Seal [Administrative Motion to Consider Whether Another Party's Material Should Be Sealed] (Tellekson, David) (Filed on 12/28/2021) 70 Filed & Entered: 12/28/2021Terminated: 12/29/2021 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16756787.) Filing fee previously paid on 12/28/2021 filed by Rothy's, Inc.. (Bell, Kevin) (Filed on 12/28/2021) 71 Filed & Entered: 12/29/2021 Order on Motion for Pro Hac Vice Docket Text: Order by Judge Vince Chhabria granting [70] Motion for Pro Hac Vice - Bell. (bxs, COURT STAFF) (Filed on 12/29/2021) 72 Filed & Entered: 12/29/2021Terminated: 12/29/2021 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number BCANDC-16758067.) filed by Rothy's, Inc.. (Bussey, Megan) (Filed on 12/29/2021) 73 Filed & Entered: 12/29/2021 Order on Motion for Pro Hac Vice Docket Text: Order by Judge Vince Chhabria granting [72] Motion for Pro Hac Vice - Bussey. (bxs, COURT STAFF) (Filed on 12/29/2021) 74 Filed & Entered: 12/30/2021Terminated: 01/04/2022 Stipulation Docket Text: STIPULATION WITH PROPOSED ORDER re [67] MOTION for Summary Judgment of Invalidity, or in the Alternative, Noninfringement JOINT STIPULATION AND REQUEST TO EXTEND THE PARTIES BRIEFING SCHEDULE AND [PROPOSED] ORDER filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Proposed Order)(Moore, Steven) (Filed on 12/30/2021) 75 Filed & Entered: 12/30/2021Terminated: 01/06/2022 Motion for Extension of Time to File Response/Reply Docket Text: MOTION for Extension of Time to File Response/Reply as to [67] MOTION for Summary Judgment of Invalidity, or in the Alternative, Noninfringement NOTICE OF MOTION AND MOTION TO EXTEND BRIEFING SCHEDULE AND HEARING DATE filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Pfingst Declaration, # (2) Proposed Order)(Moore, Steven) (Filed on 12/30/2021) 76 Filed & Entered: 01/03/2022 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [75] MOTION for Extension of Time to File Response/Reply as to [67] MOTION for Summary Judgment of Invalidity, or in the Alternative, Noninfringement NOTICE OF MOTION AND MOTION TO EXTEND BRIEFING SCHEDULE AND HEARING DATE ) [Birdies, Inc.'s Opposition to Plaintiff's Motion to Extend Briefing Schedule and Hearing Date] filed byBirdies, Inc.. (Attachments: # (1) Declaration of Jessica M. Kaempf in Support of Birdies, Inc.'s Opposition to Plaintiff's Motion to Extend Briefing Schedule and Hearing Date, # (2) Exhibit 1 to the Declaration of Jessica M. Kaempf, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Proposed Order)(Tellekson, David) (Filed on 1/3/2022) 77 Filed & Entered: 01/04/2022 Order on Stipulation Docket Text: Order by Judge Vince Chhabria granting [74] Stipulation. Rothy's opposition to the motion for summary judgment is due by 1/20/2022. Birdies' reply is due by 1/27/2022. (vclc1, COURT STAFF) (Filed on 1/4/2022) 78 Filed & Entered: 01/04/2022 Clerk's Notice Docket Text: CLERK'S NOTICE SCHEDULING MOTION HEARING re [75] MOTION for Extension of Time to File Response/Reply FOR 1/6/2022, PROVIDING ZOOM ACCESS AND REQUIRING ADVANCE REGISTRATION OF COUNSEL. Motion Hearing set for 1/6/2022 at 10:00 AM by Videoconference Only before Judge Vince Chhabria. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Wednesday, January 5th, 2022, by no later than 10:00AM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 1/4/2022) 79 Filed & Entered: 01/04/2022Terminated: 01/05/2022 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16770392.) filed by Rothy's, Inc.(a Delaware corporation ). (Koballa, Kasey) (Filed on 1/4/2022) 80 Filed & Entered: 01/05/2022 Order on Motion for Pro Hac Vice Docket Text: Order by Judge Vince Chhabria granting [79] Motion for Pro Hac Vice - Koballa. (bxs, COURT STAFF) (Filed on 1/5/2022) 81 Filed & Entered: 01/06/2022 Motion Hearing Docket Text: Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held via Zoom on 1/6/2022 re [75] MOTION for Extension of Time to File Response/Reply as to [67] MOTION for Summary Judgment. Oral arguments made and heard. [75] MOTION for Extension of Time to File Response/Reply as to [67] MOTION for Summary Judgment is granted. Responses due by 2/22/2022. Motion Hearing set for 3/17/2022 at 10:00 AM by Videoconference Only before Judge Vince Chhabria. This proceeding will be held via a Zoom webinar. Parties are notified that the 3/17/2022 hearing is subject to be continued due to Judge Chhabria potentially being in trial.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, March 10, 2022, by no later than 10:00AM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/.Total Time in Court: 23 minutes. Court Reporter: Hearing recorded via Zoom: 10:28 - 10:51. Plaintiff Attorney: Steven Moore, Megan Bussey, Taylor Pfingst. Defendant Attorney: David Tellekson, Jessica Kaempf. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Date Filed: 1/6/2022) Modified on 1/10/2022: Matter transcribed by Ilene Watson (Access Transcripts). (rjd, COURT STAFF). 82 Filed & Entered: 01/07/2022 Transcript Order Docket Text: TRANSCRIPT ORDER for proceedings held on 01/06/2022 before Judge Vince Chhabria by Birdies, Inc., for Court Reporter FTR - San Francisco. (Kaempf, Jessica) (Filed on 1/7/2022) 83 Filed & Entered: 01/07/2022 Transcript Order Docket Text: TRANSCRIPT ORDER for proceedings held on 2022-01-06 before Judge Vince Chhabria by Rothy's, Inc., for Court Reporter FTR - San Francisco. (Pfingst, Taylor) (Filed on 1/7/2022) 84 Filed & Entered: 01/07/2022Terminated: 01/10/2022 Stipulation Docket Text: STIPULATION WITH PROPOSED ORDER re [68] MOTION to Stay Discovery Pending Resolution of Birdie, Inc.'s Motion for Summary Judgment, [81] Motion Hearing,,,,,,,,, Terminate Motion and Deadlines/Hearings,,,,,,,,, Set Motion and Deadlines/Hearings,,,,,,,,, Util - Teleconference Zoom,,,,,,,,, Order on Motion for Extension of Time to File Response/Reply,,,,,,,, filed by Rothy's, Inc.. (Attachments: # (1) Proposed Order)(Pfingst, Taylor) (Filed on 1/7/2022) 85 Filed & Entered: 01/10/2022 Order on Stipulation Docket Text: Order by Judge Vince Chhabria granting [84] stipulation to modify briefing schedule. (vclc1, COURT STAFF) (Filed on 1/10/2022) 86 Filed & Entered: 01/11/2022 Clerk's Notice Docket Text: CLERK'S NOTICE SETTING BRIEFING SCHEDULE RE [68] MOTION TO STAY Discovery Pending Resolution of Birdie, Inc.'s Motion for Summary Judgment per [85] Order. Responses due by 2/22/2022. Replies due by 3/3/2022. Motion Hearing set for 3/17/2022 at 10:00 AM by Videoconference Only before Judge Vince Chhabria. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, March 10, 2022, by no later than 10:00AM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 1/11/2022) 87 Filed & Entered: 01/14/2022 Transcript Docket Text: Transcript of Proceedings held on 1/6/22, before Judge Vince Chhabria. Court Reporter/Transcriber Access Transcripts, telephone number 8558732223. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re [83] Transcript Order ) Redaction Request due 2/4/2022. Redacted Transcript Deadline set for 2/14/2022. Release of Transcript Restriction set for 4/14/2022. (Related documents(s) [83]) (Watson, Ilene) (Filed on 1/14/2022) 88 Filed & Entered: 01/17/2022Terminated: 01/25/2022 Administrative Motion to File Under Seal Docket Text: Administrative Motion to File Under Seal filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Proposed Order, # (2) Exhibit Redacted Version of Exhibit G, # (3) Exhibit Unredacted Version of Exhibit G, # (4) Exhibit Unredacted Version of Exhibit L)(Moore, Steven) (Filed on 1/17/2022) 89 Filed & Entered: 01/17/2022Terminated: 01/20/2022 Discovery Letter Brief Docket Text: Statement Joint Statement Regarding Birdies' Discovery Responses and Document Production by Rothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Declaration of K. Koballa ISO Joint Statement, # (2) Exhibit A to Koballa Decl, # (3) Exhibit B to Koballa Decl, # (4) Exhibit C to Koballa Decl, # (5) Exhibit D to Koballa Decl, # (6) Exhibit E to Koballa Decl, # (7) Exhibit F to Koballa Decl, # (8) Exhibit G to Koballa Decl (Redacted), # (9) Exhibit H to Koballa Decl, # (10) Exhibit I to Koballa Decl, # (11) Exhibit J to Koballa Decl, # (12) Exhibit K to Koballa Decl, # (13) Exhibit L to Koballa Decl (Filed Under Seal), # (14) Exhibit M to Koballa Decl, # (15) Declaration J. Kaempf ISO Joint Statement, # (16) Exhibit 1 to Kaempf Decl, # (17) Exhibit 2 to Kaempf Decl, # (18) Exhibit 3 to Kaempf Decl, # (19) Exhibit 4 to Kaempf Decl, # (20) Exhibit 5 to Kaempf Decl, # (21) Exhibit 6 to Kaempf Decl)(Moore, Steven) (Filed on 1/17/2022) Modified on 1/18/2022 (agtlc1, COURT STAFF). 90 Filed & Entered: 01/17/2022 Certificate of Service Docket Text: CERTIFICATE OF SERVICE by Rothy's, Inc.(a Delaware corporation ) re [88] Administrative Motion to File Under Seal (Moore, Steven) (Filed on 1/17/2022) 91 Filed & Entered: 01/19/2022 Notice of Withdrawal of Motion Docket Text: Notice of Withdrawal of Motion to Stay Discovery [Dkt. 68] (Tellekson, David) (Filed on 1/19/2022) 92 Filed & Entered: 01/20/2022 Order on Discovery Letter Brief Docket Text: Order by Magistrate Judge Alex G. Tse denying [89] Discovery Letter Brief. (agtlc1, COURT STAFF) (Filed on 1/20/2022) 93 Filed & Entered: 01/21/2022Terminated: 02/03/2022 Motion for Miscellaneous Relief Docket Text: MOTION to Extend ADR Deadline filed by Birdies, Inc.. Responses due by 2/4/2022. Replies due by 2/11/2022. (Attachments: # (1) Declaration of Jessica M. Kaempf in Support of Birdies, Inc.'s Motion to Extend ADR Deadline, # (2) [Proposed] Order Granting Birdies, Inc.'s Motion to Extend ADR Deadline)(Tellekson, David) (Filed on 1/21/2022) 94 Filed & Entered: 01/24/2022 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [88] Administrative Motion to File Under Seal ) filed byBirdies, Inc.. (Attachments: # (1) Declaration of Marisa Sharkey in Support of Response to Administrative Motion to File Documents Under Seal, # (2) Declaration of Jessica Kaempf in Support of Response to Administrative Motion to File Documents Under Seal)(Kaempf, Jessica) (Filed on 1/24/2022) 95 Filed & Entered: 01/25/2022 Order on Administrative Motion to File Under Seal Docket Text: Order by Magistrate Judge Alex G. Tse denying [88] Administrative Motion to File Under Seal. (agtlc1, COURT STAFF) (Filed on 1/25/2022) 96 Filed & Entered: 01/27/2022Terminated: 02/03/2022 Discovery Letter Brief Docket Text: Joint Discovery Letter Brief(Joint Statement) filed by Rothy's, Inc.. (Attachments: # (1) Declaration of Taylor Pfingst ISO, # (2) Exhibit A, # (3) Exhibit B, # (4) Declaration of Jessica Kaempf, # (5) Exhibit A)(Moore, Steven) (Filed on 1/27/2022) 97 Filed & Entered: 01/27/2022Terminated: 02/03/2022 Discovery Letter Brief Docket Text: Joint Discovery Letter BriefJoint Statement re ESI Discovery filed by Rothy's, Inc.. (Attachments: # (1) Declaration of Kevin Bell, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Declaration of Jessica Kaempf, # (7) Exhibit A, # (8) Exhibit B)(Moore, Steven) (Filed on 1/27/2022) 98 Filed & Entered: 01/31/2022 Order Docket Text: ORDER re: [93] Motion to Extend the ADR Deadline. Although noticed as a formal motion, the Court construes the defendant's motion to extend the ADR deadline as an administrative motion. The plaintiff may respond to the motion by filing a brief no longer than 5 pages by 2:00 p.m. on Wednesday, February 2, 2022. Signed by Judge Vince Chhabria on 01/31/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) (Filed on 1/31/2022) 99 Filed & Entered: 02/01/2022 Exhibits Docket Text: EXHIBITS re [95] Order on Administrative Motion to File Under Seal Exhibits G and L to the Declaration of Kasey E. Koballa in Support of Joint Statement Regarding Birdies' Discovery Responses [89] filed byRothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Exhibit)(Related document(s)[95]) (Moore, Steven) (Filed on 2/1/2022) 100 Filed & Entered: 02/02/2022 Response ( Non Motion ) Docket Text: RESPONSE re [93] MOTION to Extend ADR Deadline by Rothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Declaration of Taylor Pfingst, # (2) Proposed Order)(Moore, Steven) (Filed on 2/2/2022) 101 Filed & Entered: 02/03/2022 Order on Motion for Miscellaneous Relief Docket Text: ORDER: Birdies' motion to extend the ADR deadline [93] is granted in part. The deadline shall be March 14, 2022. Signed by Judge Vince Chhabria on 02/03/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) (Filed on 2/3/2022) 102 Filed & Entered: 02/03/2022 Order on Discovery Letter Brief Docket Text: Order by Magistrate Judge Alex G. Tse granting in part and denying in part [96] Discovery Letter Brief; granting in part and denying in part [97] Discovery Letter Brief. (agtlc1, COURT STAFF) (Filed on 2/3/2022) 103 Filed & Entered: 02/04/2022Terminated: 02/08/2022 Discovery Letter Brief Docket Text: Joint Discovery Letter Brief re Additional Summary Judgment Discovery filed by Rothy's, Inc.. (Attachments: # (1) Declaration of Taylor Pfingst ISO, # (2) Declaration of Jessica Kaempf ISO)(Moore, Steven) (Filed on 2/4/2022) 104 Filed & Entered: 02/07/2022Terminated: 06/24/2022 Administrative Motion to File Under Seal Docket Text: Administrative Motion to File Under Seal filed by Rothy's, Inc.. (Attachments: # (1) Declaration, # (2) Proposed Order, # (3) Exhibit Unredacted Version, # (4) Supplement)(Moore, Steven) (Filed on 2/7/2022) 105 Filed & Entered: 02/07/2022Terminated: 02/23/2022 Motion to Shorten Time Docket Text: MOTION to Shorten Time filed by Rothy's, Inc.. (Attachments: # (1) Proposed Order)(Moore, Steven) (Filed on 2/7/2022) 106 Filed & Entered: 02/07/2022 Declaration in Support Docket Text: Declaration of Taylor Pfingst in Support of [105] MOTION to Shorten Time filed byRothy's, Inc.. (Attachments: # (1) Exhibit, # (2) Exhibit)(Related document(s)[105]) (Pfingst, Taylor) (Filed on 2/7/2022) 107 Filed & Entered: 02/07/2022Terminated: 02/23/2022 Motion to Shorten Time Docket Text: MOTION to Shorten Time filed by Rothy's, Inc.. (Attachments: # (1) Declaration of Taylor Pfingst ISO, # (2) Exhibit A, # (3) Exhibit B, # (4) Proposed Order)(Moore, Steven) (Filed on 2/7/2022) 108 Filed & Entered: 02/08/2022 Order Docket Text: ORDER: Birdies is directed to respond to the emergency administrative motion filed by Rothy's no later than 12:00 p.m. tomorrow, February 9, 2022. The deposition scheduled for tomorrow should move forward, and if Rothy's can demonstrate a need for another day or half day, it can request that. Signed by Judge Vince Chhabria on 02/08/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) (Filed on 2/8/2022) 109 Filed & Entered: 02/08/2022 Order on Discovery Letter Brief Docket Text: Order by Magistrate Judge Alex G. Tse granting in part and denying in part [103] Discovery Letter Brief. (agtlc1, COURT STAFF) (Filed on 2/8/2022) 110 Filed & Entered: 02/09/2022 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [107] MOTION to Shorten Time ) filed byBirdies, Inc.. (Attachments: # (1) Declaration of Jessica Kaempf ISO, # (2) Exhibit A, # (3) Exhibit B)(Tellekson, David) (Filed on 2/9/2022) 111 Filed & Entered: 02/09/2022 Reply to Opposition/Response Docket Text: REPLY (re [107] MOTION to Shorten Time ) filed byRothy's, Inc.. (Moore, Steven) (Filed on 2/9/2022) 112 Filed & Entered: 02/09/2022 Order Docket Text: ORDER denying the plaintiff's emergency motion [105],[107]. Signed by Judge Vince Chhabria on 02/09/2022. (vclc1, COURT STAFF) (Filed on 2/9/2022) 113 Filed & Entered: 02/10/2022Terminated: 08/25/2022 Motion to Stay Docket Text: MOTION to Stay Discovery Pending Resolution of Birdies, Inc.'s Motion for Summary Judgment of Invalidity, or in the Alternative, Noninfringement (Dkt. No. 67) filed by Birdies, Inc.. Motion Hearing set for 3/17/2022 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 2/24/2022. Replies due by 3/3/2022. (Attachments: # (1) Declaration of Jessica M. Kaempf in Support of Defendant's Motion to Stay Discovery, # (2) Exhibit A, # (3) Exhibit B, # (4) [Proposed] Order Granting Motion to Stay Discovery)(Tellekson, David) (Filed on 2/10/2022) 114 Filed & Entered: 02/14/2022Terminated: 02/15/2022 Stipulation Docket Text: STIPULATION WITH PROPOSED ORDER STIPULATION REFERRING CASE TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Proposed Order)(Moore, Steven) (Filed on 2/14/2022) 115 Filed & Entered: 02/14/2022 Reply to Opposition/Response Docket Text: REPLY (re [104] Administrative Motion to File Under Seal ) filed byBirdies, Inc.. (Attachments: # (1) Declaration of Marisa Sharkey in Support of Response to Administrative Motion to File Materials Under Seal, # (2) Declaration of Jessica M. Kaempf in Support of Response to Administrative Motion to File Materials Under Seal)(Kaempf, Jessica) (Filed on 2/14/2022) Filed & Entered: 02/15/2022 Terminate Motions Docket Text: Motions terminated: [114] STIPULATION WITH PROPOSED ORDER STIPULATION REFERRING CASE TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE filed by Rothy's, Inc.(vclc1, COURT STAFF) (Filed on 2/15/2022) Modified on 2/16/2022 (knm, COURT STAFF). 116 Filed & Entered: 02/15/2022 Order Referring Case to Magistrate Judge for Settlement Docket Text: ORDER REFERRING CASE directly to Magistrate Judge Thomas Hixson for Settlement. Signed by Judge Vince Chhabria on 2/15/2022. (knm, COURT STAFF) (Filed on 2/15/2022) 117 Filed & Entered: 02/15/2022 Order Setting Settlement Conference Docket Text: Order Setting Settlement Conference before Magistrate Judge: Settlement Conference set for 2/28/2022 at 10:00 AM in San Francisco, - Zoom Videoconference Only. Signed by Magistrate Judge Thomas S. Hixson on 2/15/2022. (rmm2, COURT STAFF) (Filed on 2/15/2022) 118 Filed & Entered: 02/17/2022 Notice of Appearance Docket Text: NOTICE of Appearance by Gregory P. Adams on Behalf of Defendant Birdies, Inc. (Adams, Gregory) (Filed on 2/17/2022) 119 Filed & Entered: 02/18/2022Terminated: 03/16/2022 Administrative Motion to File Under Seal Docket Text: Administrative Motion to File Under Seal filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Exhibit Unredacted Ex. A, # (2) Exhibit Unredacted Ex. B, # (3) Exhibit Unredacted Ex. C, # (4) Exhibit Unredacted Ex. D, # (5) Exhibit Unredacted Ex. E, # (6) Exhibit Unredacted Ex. F, # (7) Exhibit Unredacted Ex. G, # (8) Exhibit Unredacted Ex. H, # (9) Proposed Order)(Moore, Steven) (Filed on 2/18/2022) 120 Filed & Entered: 02/18/2022Terminated: 02/22/2022 Discovery Letter Brief Docket Text: Joint Discovery Letter BriefJoint Statement Regarding Birdies' Deficient Slack Message Production filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Pfingst Decl ISO Joint Statement, # (2) Exhibit A to Pfingst Decl, # (3) Exhibit B to Pfingst Decl, # (4) Exhibit C to Pfingst Decl, # (5) Exhibit D to Pfingst Decl, # (6) Exhibit E to Pfingst Decl, # (7) Exhibit F to Pfingst Decl, # (8) Exhibit G to Pfingst Decl, # (9) Exhibit H to Pfingst Decl, # (10) Adams Decl ISO Joint Statement, # (11) Exhibit A to Adams Decl, # (12) Exhibit B to Adams Decl, # (13) Exhibit C to Adams Decl, # (14) Exhibit D to Adams Decl)(Moore, Steven) (Filed on 2/18/2022) 121 Filed & Entered: 02/19/2022 Certificate of Service Docket Text: CERTIFICATE OF SERVICE by Rothy's, Inc.(a Delaware corporation ) re [119] Administrative Motion to File Under Seal (Moore, Steven) (Filed on 2/19/2022) 122 Filed & Entered: 02/19/2022Terminated: 03/16/2022 Administrative Motion to File Under Seal Docket Text: Administrative Motion to File Under Seal filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Exhibit Unredacted Ex. A, # (2) Exhibit Unredacted Ex. B, # (3) Exhibit Unredacted Ex. C, # (4) Exhibit Unredacted Ex. E, # (5) Exhibit Unredacted Ex. G, # (6) Exhibit Unredacted Ex. H, # (7) Proposed Order)(Moore, Steven) (Filed on 2/19/2022) Modified on 3/16/2022 (agtlc1, COURT STAFF). 123 Filed & Entered: 02/19/2022Terminated: 02/22/2022 Discovery Letter Brief Docket Text: Joint Discovery Letter BriefJoint Statement Regarding Failure to Produce All Financials Ordered for Production Under Dkt. 109 and Continued Deposition of Birdies' 30(b)(6) Witness filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Pfingst Decl ISO Joint Statement, # (2) Exhibit A to Pfingst Decl FUS, # (3) Exhibit B to Pfingst Decl FUS, # (4) Exhibit C to Pfingst Decl FUS, # (5) Exhibit to Pfingst Decl, # (6) Exhibit E to Pfingst Decl FUS, # (7) Exhibit F to Pfingst Decl, # (8) Exhibit G to Pfingst Decl FUS, # (9) Exhibit H to Pfingst Decl FUS, # (10) Adams Decl ISO Joint Statement, # (11) Exhibit A to Adams Decl, # (12) Exhibit B to Adams Decl, # (13) Exhibit C to Adams Decl, # (14) Exhibit D to Adams Decl)(Moore, Steven) (Filed on 2/19/2022) 124 Filed & Entered: 02/19/2022 Certificate of Service Docket Text: CERTIFICATE OF SERVICE by Rothy's, Inc.(a Delaware corporation ) re [122] Administrative Motion to File Under Seal (Moore, Steven) (Filed on 2/19/2022) 125 Filed & Entered: 02/21/2022Terminated: 02/24/2022 Administrative Motion per Civil Local Rule 7-11 Docket Text: ADMINISTRATIVE MOTION An In-Person Summary Judgment Hearing Rothy's, Inc.'s Unopposed Administrative Motion Requesting an In-Person Summary Judgment Hearing filed by Rothy's, Inc.(a Delaware corporation ). Responses due by 2/25/2022. (Attachments: # (1) Proposed Order)(Moore, Steven) (Filed on 2/21/2022) Filed & Entered: 02/22/2022 Remark Docket Text: Received two pair shoes re [126] MANUAL FILING NOTIFICATION. (wsn, COURT STAFF) (Filed on 2/22/2022) 126 Filed & Entered: 02/22/2022 Notice (Other) Docket Text: MANUAL FILING NOTIFICATION by Rothy's, Inc. (wsn, COURT STAFF) (Filed on 2/22/2022) 127 Filed & Entered: 02/22/2022 Order on Discovery Letter Brief Docket Text: Order by Magistrate Judge Alex G. Tse denying [120] Discovery Letter Brief; denying [123] Discovery Letter Brief. (agtlc1, COURT STAFF) (Filed on 2/22/2022) 128 Filed & Entered: 02/22/2022Terminated: 06/24/2022 Administrative Motion to File Under Seal Docket Text: Administrative Motion to File Under Seal Admin Motion to Consider Whether Material Should be Filed Under Seal filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Proposed Order, # (2) Martin Decl ISO Admin Mtn to Seal, # (3) Martin Decl ISO Oppo to MSJ FUS)(Moore, Steven) (Filed on 2/22/2022) 129 Filed & Entered: 02/22/2022Terminated: 06/24/2022 Administrative Motion to File Under Seal Docket Text: Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Proposed Order, # (2) Redacted Version of PL's Opposition to MSJ, # (3) Unredacted Version of PL's Opposition to MSJ, # (4) Redacted Version of de Baere Declaration, # (5) Unredacted Version of de Baere Declaration)(Moore, Steven) (Filed on 2/22/2022) 130 Filed & Entered: 02/22/2022 Exhibits to an Administrative Motion to File Under Seal Docket Text: EXHIBITS re [129] Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed filed byRothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Unredacted Exhibit 9 to Pfingst Declaration, # (2) Unredacted Exhibit 10 to Pfingst Declaration, # (3) Unredacted Exhibit 11 to Pfingst Declaration, # (4) Unredacted Exhibit 13 to Pfingst Declaration, # (5) Unredacted Exhibit 15 to Pfingst Declaration, # (6) Unredacted Exhibit 16 to Pfingst Declaration, # (7) Unredacted Exhibit 17 to Pfingst Declaration, # (8) Unredacted Exhibit 18 to Pfingst Declaration, # (9) Unredacted Exhibit 19 to Pfingst Declaration, # (10) Unredacted Exhibit 24 to Pfingst Declaration, # (11) Unredacted Exhibit 25 to Pfingst Declaration, # (12) Unredacted Exhibit 27 to Pfingst Declaration, # (13) Unredacted Exhibit 28 to Pfingst Declaration)(Related document(s)[129]) (Moore, Steven) (Filed on 2/22/2022) 131 Filed & Entered: 02/22/2022 Exhibits to an Administrative Motion to File Under Seal Docket Text: EXHIBITS re [129] Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed filed byRothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Unredacted Exhibit 30 to Pfingst Declaration, # (2) Unredacted Exhibit 31 to Pfingst Declaration, # (3) Unredacted Exhibit 32 to Pfingst Declaration, # (4) Unredacted Exhibit 33 to Pfingst Declaration, # (5) Unredacted Exhibit 34 to Pfingst Declaration, # (6) Unredacted Exhibit 35 to Pfingst Declaration, # (7) Unredacted Exhibit 36 to Pfingst Declaration, # (8) Unredacted Exhibit 37 to Pfingst Declaration, # (9) Unredacted Exhibit 38 to Pfingst Declaration, # (10) Unredacted Exhibit 39 to Pfingst Declaration, # (11) Unredacted Exhibit 41 to Pfingst Declaration, # (12) Unredacted Exhibit 42 to Pfingst Declaration, # (13) Unredacted Exhibit 43 to Pfingst Declaration, # (14) Unredacted Exhibit 44 to Pfingst Declaration, # (15) Unredacted Exhibit 45 to Pfingst Declaration)(Related document(s)[129]) (Moore, Steven) (Filed on 2/22/2022) 132 Filed & Entered: 02/22/2022 Exhibits to an Administrative Motion to File Under Seal Docket Text: EXHIBITS re [129] Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed Unredacted Exhibit 40 to Pfingst Declaration filed byRothy's, Inc.(a Delaware corporation ). (Related document(s)[129]) (Moore, Steven) (Filed on 2/22/2022) 133 Filed & Entered: 02/22/2022 Exhibits to an Administrative Motion to File Under Seal Docket Text: EXHIBITS re [129] Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed Unredacted Version of Exhibit 26 to Pfingst Decl filed byRothy's, Inc.(a Delaware corporation ). (Related document(s)[129]) (Moore, Steven) (Filed on 2/22/2022) 134 Filed & Entered: 02/22/2022 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [67] MOTION for Summary Judgment of Invalidity, or in the Alternative, Noninfringement ) filed byRothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Pfingst Decl ISO MSJ, # (2) Exhibit 1 to Pfingst Decl, # (3) Exhibit 2 to Pfingst Decl, # (4) Exhibit 3 to Pfingst Decl)(Moore, Steven) (Filed on 2/22/2022) 135 Filed & Entered: 02/22/2022 Exhibits Docket Text: EXHIBITS re [134] Opposition/Response to Motion, Exhibits 4-20 to Declaration of T. Pfingst ISO Opposition to MSJ filed byRothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Exhibit 5 to Pfingst Decl, # (2) Exhibit 6 to Pfingst Decl, # (3) Exhibit 7 to Pfingst Decl, # (4) Exhibit 8 to Pfingst Decl, # (5) Exhibit 9 to Pfingst Decl, # (6) Exhibit 10 to Pfingst Decl, # (7) Exhibit 11 to Pfingst Decl, # (8) Exhibit 12 to Pfingst Decl, # (9) Exhibit 13 to Pfingst Decl, # (10) Exhibit 14 to Pfingst Decl, # (11) Exhibit 15 to Pfingst Decl, # (12) Exhibit 16 to Pfingst Decl, # (13) Exhibit 17 to Pfingst Decl, # (14) Exhibit 18 to Pfingst Decl, # (15) Exhibit 19 to Pfingst Decl, # (16) Exhibit 20 to Pfingst Decl)(Related document(s)[134]) (Moore, Steven) (Filed on 2/22/2022) 136 Filed & Entered: 02/22/2022 Exhibits Docket Text: EXHIBITS re [134] Opposition/Response to Motion, Exhibits 21-46 to the Declaration of Taylor J. Pfingst in Support of Opposition to MSJ filed byRothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Exhibit 22 to Pfingst Decl, # (2) Exhibit 23 to Pfingst Decl, # (3) Exhibit 24 to Pfingst Decl, # (4) Exhibit 25 to Pfingst Decl, # (5) Exhibit 26 to Pfingst Decl, # (6) Exhibit 27 to Pfingst Decl, # (7) Exhibit 28 to Pfingst Decl, # (8) Exhibit 29 to Pfingst Decl, # (9) Exhibit 30 to Pfingst Decl, # (10) Exhibit 31 to Pfingst Decl, # (11) Exhibit 32 to Pfingst Decl, # (12) Exhibit 33 to Pfingst Decl, # (13) Exhibit 34 to Pfingst Decl, # (14) Exhibit 35 to Pfingst Decl, # (15) Exhibit 36 to Pfingst Decl, # (16) Exhibit 37 to Pfingst Decl, # (17) Exhibit 38 to Pfingst Decl, # (18) Exhibit 39 to Pfingst Decl, # (19) Exhibit 40 to Pfingst Decl, # (20) Exhibit 41 to Pfingst Decl, # (21) Exhibit 42 to Pfingst Decl, # (22) Exhibit 43 to Pfingst Decl, # (23) Exhibit 44 to Pfingst Decl, # (24) Exhibit 45 to Pfingst Decl, # (25) Exhibit 46 to Pfingst Decl)(Related document(s)[134]) (Moore, Steven) (Filed on 2/22/2022) 137 Filed & Entered: 02/22/2022 Declaration in Support Docket Text: Declaration of William Roth Martin in Support of [134] Opposition/Response to Motion, filed byRothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Exhibit 1 to Martin Decl, # (2) Exhibit 2 to Martin Decl, # (3) Exhibit 3 to Martin Decl, # (4) Exhibit 4 to Martin Decl, # (5) Exhibit 5 to Martin Decl, # (6) Exhibit 6 to Martin Decl, # (7) Exhibit 7 to Martin Decl, # (8) Exhibit 8 to Martin Decl, # (9) Exhibit 9 to Martin Decl, # (10) Exhibit 10 to Martin Decl, # (11) Exhibit 11 to Martin Decl, # (12) Exhibit 12 to Martin Decl, # (13) Exhibit 13 to Martin Decl, # (14) Exhibit 14 to Martin Decl, # (15) Exhibit 15 to Martin Decl)(Related document(s)[134]) (Moore, Steven) (Filed on 2/22/2022) 138 Filed & Entered: 02/22/2022 Declaration in Support Docket Text: Declaration of Steve Black in Support of [134] Opposition/Response to Motion, filed byRothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Exhibit 1 to Black Decl, # (2) Exhibit 2 to Black Decl, # (3) Exhibit 3 to Black Decl)(Related document(s)[134]) (Moore, Steven) (Filed on 2/22/2022) 139 Filed & Entered: 02/22/2022Terminated: 06/24/2022 Administrative Motion to File Under Seal Docket Text: Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Proposed Order, # (2) Unredacted Notice and Motion for Relief FRCP 56(d), # (3) Unredacted Pfingst Decl ISO Motion for Relief FRCP 56(d), # (4) Unredacted Ex. A to Pfingst Decl ISO 56(d), # (5) Unredacted Ex. B to Pfingst Decl ISO 56(d), # (6) Unredacted Ex. C to Pfingst Decl ISO 56(d), # (7) Unredacted Ex. D to Pfingst Decl ISO 56(d), # (8) Unredacted Ex. E to Pfingst Decl ISO 56(d), # (9) Unredacted Ex. F to Pfingst Decl ISO 56(d), # (10) Unredacted Ex. G to Pfingst Decl ISO 56(d), # (11) Unredacted Ex. H to Pfingst Decl ISO 56(d), # (12) Unredacted Ex. I to Pfingst Decl ISO 56(d), # (13) Unredacted Ex. J to Pfingst Decl ISO 56(d), # (14) Unredacted Ex. K to Pfingst Decl ISO 56(d))(Moore, Steven) (Filed on 2/22/2022) 140 Filed: 02/22/2022 Entered: 02/23/2022 Declaration in Support Docket Text: Declaration of Caroline de Baere in Support of [134] Opposition/Response to Motion, filed byRothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Exhibit 1 to de Baere Decl, # (2) Exhibit 2 to de Baere Decl, # (3) Exhibit 3 to de Baere Decl, # (4) Exhibit 4 to de Baere Decl, # (5) Exhibit 5 to de Baere Decl, # (6) Exhibit 6 to de Baere Decl, # (7) Exhibit 7 to de Baere Decl, # (8) Exhibit 8 to de Baere Decl, # (9) Exhibit 9 to de Baere Decl, # (10) Exhibit 10 to de Baere Decl, # (11) Exhibit 11 to de Baere Decl, # (12) Exhibit 12 to de Baere Decl, # (13) Exhibit 13 to de Baere Decl, # (14) Exhibit 14 to de Baere Decl, # (15) Exhibit 15 to de Baere Decl, # (16) Exhibit 16 to de Baere Decl, # (17) Exhibit 17 to de Baere Decl, # (18) Exhibit 18 to de Baere Decl, # (19) Exhibit 19 to de Baere Decl, # (20) Exhibit 20 to de Baere Decl, # (21) Exhibit 21 to de Baere Decl, # (22) Exhibit 22 to de Baere Decl, # (23) Exhibit 23 to de Baere Decl, # (24) Exhibit 24 to de Baere Decl, # (25) Exhibit 25 to de Baere Decl, # (26) Exhibit 26 to de Baere Decl, # (27) Exhibit 27 to de Baere Decl, # (28) Exhibit 28 to de Baere Decl, # (29) Exhibit 29 to de Baere Decl, # (30) Exhibit 30 to de Baere Decl, # (31) Exhibit 31 to de Baere Decl, # (32) Exhibit 32 to de Baere Decl, # (33) Exhibit 33 to de Baere Decl)(Related document(s)[134]) (Moore, Steven) (Filed on 2/22/2022) 141 Filed & Entered: 02/23/2022Terminated: 08/25/2022 Motion for Miscellaneous Relief Docket Text: MOTION FRCP 56(d) re [134] Opposition/Response to Motion, Notice of Motion and Motion for Relief Under Fed. R. Civ. P. (56(d) Filed Concurrently with Rothy's Opposition to Birdies' Motion for Summary Judgment filed by Rothy's, Inc.(a Delaware corporation ). Motion Hearing set for 3/17/2022 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 3/9/2022. Replies due by 3/16/2022. (Attachments: # (1) Pfingst Declaration ISO 56(d) Motion, # (2) Exhibit A to Pfingst Decl, # (3) Exhibit B to Pfingst Decl, # (4) Exhibit C to Pfingst Decl, # (5) Exhibit D to Pfingst Decl, # (6) Exhibit E to Pfingst Decl, # (7) Exhibit F to Pfingst Decl, # (8) Exhibit G to Pfingst Decl, # (9) Exhibit H to Pfingst Decl, # (10) Exhibit I to Pfingst Decl, # (11) Exhibit J to Pfingst Decl, # (12) Exhibit K to Pfingst Decl, # (13) Proposed Order)(Moore, Steven) (Filed on 2/23/2022) 142 Filed & Entered: 02/23/2022 Certificate of Service Docket Text: CERTIFICATE OF SERVICE by Rothy's, Inc.(a Delaware corporation ) re [128] Administrative Motion to File Under Seal Admin Motion to Consider Whether Material Should be Filed Under Seal (Moore, Steven) (Filed on 2/23/2022) 143 Filed & Entered: 02/23/2022 Certificate of Service Docket Text: CERTIFICATE OF SERVICE by Rothy's, Inc.(a Delaware corporation ) re [129] Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed (Moore, Steven) (Filed on 2/23/2022) 144 Filed & Entered: 02/23/2022 Certificate of Service Docket Text: CERTIFICATE OF SERVICE by Rothy's, Inc.(a Delaware corporation ) re [139] Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed (Moore, Steven) (Filed on 2/23/2022) 145 Filed & Entered: 02/23/2022 Exhibits Docket Text: EXHIBITS re [134] Opposition/Response to Motion, Plaintiff's Table of Exhibits in Support of its Response in Opposition to Defendant's Motion for Summary Judgment of invalidity, or in the Alternative, Non-Infringement filed byRothy's, Inc.(a Delaware corporation ). (Related document(s)[134]) (Moore, Steven) (Filed on 2/23/2022) 146 Filed & Entered: 02/24/2022 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [113] MOTION to Stay Discovery Pending Resolution of Birdies, Inc.'s Motion for Summary Judgment of Invalidity, or in the Alternative, Noninfringement (Dkt. No. 67) ) filed byRothy's, Inc.(a Delaware corporation ). (Attachments: # (1) Pfingst Declaration, # (2) Proposed Order)(Moore, Steven) (Filed on 2/24/2022) 147 Filed & Entered: 02/24/2022 Order on Administrative Motion per Civil Local Rule 7-11 Docket Text: Order by Judge Vince Chhabria granting [125] motion for an in-person summary judgment hearing. Motion Hearing set for 3/17/2022 02:30 PM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (vclc1, COURT STAFF) (Filed on 2/24/2022) 148 Filed & Entered: 02/25/2022 Exhibits to an Administrative Motion to File Under Seal Docket Text: EXHIBITS re [119] Administrative Motion to File Under Seal [Birdies, Inc.'s Response to Administrative Motion to File Materials Under Seal [Dkt 119] filed byBirdies, Inc.. (Attachments: # (1) Declaration of Marisa Sharkey in Support of Response to Administrative Motion to File Materials Under Seal, # (2) Declaration of Gregory P. Adams in Support of Response to Administrative Motion to File Materials Under Seal [Dkt 119], # (3) Redacted Version of Exhibit C to Declaration of Gregory P. Adams, # (4) Unredacted Version of Exhibit C, # (5) Redacted Version of Exhibit D, # (6) Unredacted Version of Exhibit D, # (7) Redacted Version of Exhibit G, # (8) Unredacted Version of Exhibit G)(Related document(s)[119]) (Kaempf, Jessica) (Filed on 2/25/2022) 149 Filed & Entered: 02/25/2022 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [119] Administrative Motion to File Under Seal ) filed byBirdies, Inc.. (Attachments: # (1) Declaration of Marisa Sharkey in Support of Response to Administrative Motion to File Materials Under Seal, # (2) Declaration of Gregory P. Adams in Support of Response to Administrative Motion to File Materials Under Seal [Dkt 119], # (3) Redacted Version of Exhibit C to the Declaration of Gregory P. Adams, # (4) Redacted Version of Exhibit D, # (5) Redacted Version of Exhibit G)(Kaempf, Jessica) (Filed on 2/25/2022) 150 Filed & Entered: 02/28/2022 Settlement Conference Docket Text: Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Settlement Conference held on 2/28/2022 at 10:00 a.m., by Zoom.Start time: 10:00 a.m. - End time: 12:20 p.m./Total Time: 2 hours 20 minutes Plaintiffs counsel: Steve Moore, Megan Bussey, Taylor Pfingst Plaintiffs Chief Legal Officer: Marie Satterfield Plaintiffs Senior Counsel: Joseph Lopez Defendants counsel: David Tellekson, Jessica Kaempf Defendants CEO: Bianca Gates Defendants President: Marisa Sharkey Proceedings: Settlement conference held. Case did not settle. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Date Filed: 2/28/2022) 151 Filed & Entered: 02/28/2022 Exhibits to an Administrative Motion to File Under Seal Docket Text: EXHIBITS re [122] Administrative Motion to File Under Seal [Birdies, Inc.'s Response to Administrative Motion to File Materials Under Seal [Dkt 122] filed byBirdies, Inc.. (Attachments: # (1) Declaration of Marisa Sharkey in Support of Response to Administrative Motion to File Materials Under Seal, # (2) Declaration of Gregory P. Adams in Support of Response to Administrative Motion to File Materials Under Seal [Dkt. 122], # (3) Redacted Version of Exhibit E, # (4) Unredacted Version of Exhibit E)(Related document(s)[122]) (Kaempf, Jessica) (Filed on 2/28/2022) 152 Filed & Entered: 02/28/2022 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [122] Administrative Motion to File Under Seal ) filed byBirdies, Inc.. (Attachments: # (1) Declaration of Marisa Sharkey in Support of Response to Administrative Motion to File Mater |
| Apr 5, 2021 | 1 | Complaint (Main Document) (20) Docket Text: COMPLAINT against Birdies, Inc. ( Filing fee $ 402, receipt number 0971-15796133.). Filed byRothy's, Inc.. (Attachments: # (1) Exhibit Exh A, # (2) Exhibit Exh B, # (3) Exhibit Exh C, # (4) Exhibit Exh D, # (5) Civil Cover Sheet)(Finberg, Dana) (Filed on 4/5/2021) |
| Apr 5, 2021 | 1 | Complaint (Exhibit Exh A) (10) Docket Text: COMPLAINT against Birdies, Inc. ( Filing fee $ 402, receipt number 0971-15796133.). Filed byRothy's, Inc.. (Attachments: # (1) Exhibit Exh A, # (2) Exhibit Exh B, # (3) Exhibit Exh C, # (4) Exhibit Exh D, # (5) Civil Cover Sheet)(Finberg, Dana) (Filed on 4/5/2021) |
| Apr 5, 2021 | 1 | Complaint (Exhibit Exh B) (10) Docket Text: COMPLAINT against Birdies, Inc. ( Filing fee $ 402, receipt number 0971-15796133.). Filed byRothy's, Inc.. (Attachments: # (1) Exhibit Exh A, # (2) Exhibit Exh B, # (3) Exhibit Exh C, # (4) Exhibit Exh D, # (5) Civil Cover Sheet)(Finberg, Dana) (Filed on 4/5/2021) |
| Apr 5, 2021 | 1 | Complaint (Exhibit Exh C) (17) Docket Text: COMPLAINT against Birdies, Inc. ( Filing fee $ 402, receipt number 0971-15796133.). Filed byRothy's, Inc.. (Attachments: # (1) Exhibit Exh A, # (2) Exhibit Exh B, # (3) Exhibit Exh C, # (4) Exhibit Exh D, # (5) Civil Cover Sheet)(Finberg, Dana) (Filed on 4/5/2021) |
| Apr 5, 2021 | 1 | Complaint (Exhibit Exh D) (17) Docket Text: COMPLAINT against Birdies, Inc. ( Filing fee $ 402, receipt number 0971-15796133.). Filed byRothy's, Inc.. (Attachments: # (1) Exhibit Exh A, # (2) Exhibit Exh B, # (3) Exhibit Exh C, # (4) Exhibit Exh D, # (5) Civil Cover Sheet)(Finberg, Dana) (Filed on 4/5/2021) |
| Apr 5, 2021 | 1 | Complaint (Civil Cover Sheet) (2) Docket Text: COMPLAINT against Birdies, Inc. ( Filing fee $ 402, receipt number 0971-15796133.). Filed byRothy's, Inc.. (Attachments: # (1) Exhibit Exh A, # (2) Exhibit Exh B, # (3) Exhibit Exh C, # (4) Exhibit Exh D, # (5) Civil Cover Sheet)(Finberg, Dana) (Filed on 4/5/2021) |
| Apr 5, 2021 | 2 | Proposed Summons (2) Docket Text: Proposed Summons. (Finberg, Dana) (Filed on 4/5/2021) |
| Apr 5, 2021 | N/A | Case Assigned by Intake (0) Docket Text: Case assigned to Magistrate Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/19/2021. (mbcS, COURT STAFF) (Filed on 4/5/2021) |
