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Case number 2:16-cv-04753

Adrian Rivera v. Eko Brands, LLC et al > Documents

Date Field Doc. No.Description (Pages)
Sep 30, 2020 52 (IN CHAMBERS) ORDER RE: DEFENDANTS' MOTION FOR ATTORNEYS' FEES (DKT. NO. (361)) by Judge John A. Kronstadt: Defendants have now moved for a finding that this matter qualifies as an exceptional case, and for a corresponding award of attorney's fees pursuant to 35 USC 285 (Dkt. (361) ("Motion")). Plaintiff opposed the Motion ("Opposition" (Dkt. (373)), and Defendants replied ("Reply" (Dkt. (374)). Based on a review of the matters raised by the Motion, it was determined that, pursuant to Local Rule 7-15, the Motion could be decided without oral argument. Dkt. (375). Consequently, the hearing on the Motion, which had been set for 9/28/2020, was vacated, with a written order to follow on the Motion. For the reasons stated in this Order, this Motion is DENIED. (SEE CIVIL MINUTES FOR FURTHER SPECIFICS). (jp) (Entered: 10/01/2020) (0)
Jul 22, 2019 51 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 ORDER DISM) (shb) (Entered: 07/22/2019) (0)
Jun 7, 2019 50 Notice of Electronic Filing re Order on Motion to Appear Pro Hac Vice 48 , APPLICATION of Non-Resident Attorney Lawrence D. Graham to Appear Pro Hac Vice on behalf of Counter Claimants Eko Brands, LLC, Espresso Supply, Inc., Defendants Eko Brands, LLC, Espresso Supply, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 47 e-mailed to matthew.cunningham@kundupllc.com bounced due to 5.1.2 - Bad destination host 'DNS Hard Error looking up kundupllc.com (MX): NXDomain' (delivery attempts: 0). The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ew) TEXT ONLY ENTRY (Entered: 06/07/2019) (0)
Jun 7, 2019 49 Notice of Electronic Filing re Order on Motion to Appear Pro Hac Vice 48 , APPLICATION of Non-Resident Attorney Lawrence D. Graham to Appear Pro Hac Vice on behalf of Counter Claimants Eko Brands, LLC, Espresso Supply, Inc., Defendants Eko Brands, LLC, Espresso Supply, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 47 e-mailed to sudip.kundu@kundupllc.com bounced due to 5.1.2 - Bad destination host 'DNS Hard Error looking up kundupllc.com (MX): NXDomain' (delivery attempts: 0). The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ew) TEXT ONLY ENTRY (Entered: 06/07/2019) (0)
Jun 5, 2019 48 ORDER by Judge John A. Kronstadt: Granting 47 Non-Resident Attorney Lawrence D. Graham APPLICATION to Appear Pro Hac Vice on behalf of Defendant Eko Brands LLC, Espresso Supply Inc, designating Tamany Vinson Bentz as local counsel. (shb) (Entered: 06/06/2019) (0)
Jun 4, 2019 47 APPLICATION of Non-Resident Attorney Lawrence D. Graham to Appear Pro Hac Vice on behalf of Counter Claimants Eko Brands, LLC, Espresso Supply, Inc., Defendants Eko Brands, LLC, Espresso Supply, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23857631) filed by Defendants Eko Brands, LLC, Espresso Supply, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Bentz, Tamany) (Entered: 06/04/2019) (0)
Jul 7, 2017 46 (IN CHAMBERS) ORDER RE PRELIMINARY INJUNCTION (DKTS. 29[Eko], 30 [Solofill]) by Judge John A. Kronstadt. In June 2016, Adrian Rivera ("Rivera" or "Plaintiff") brought two separate actions for infringement of U.S. Patent Nos. 9,232,871 ("the '871 Patent") and 9,232,872 ("the '872 Patent"), (collectively, "Asserted Patents"). The first action was brought against Solofill LLC ("Solofill"); the second was brought against Eko Brands, LLC and Espresso Supply, Inc. (collectively, "Eko"). Solofill and Eko are referred to in this Order as "Defendants." Plaintiff brought separate motions (Dkt. 29 (Eko), 30 (Solofill) ("Motions")) seeking the entry of a preliminary injunction that would bar each of the Defendants from offering to sell, selling, or otherwise distributing their respective, accused products. Each of the Defendants filed separate oppositions. Dkt. 40 (Eko); Dkt. 49 (Solofill). Plaintiff filed separate replies. Dkt. 47 (Eko); Dkt. 58(Solofill). A hearing on the Motions was held on February 27, 2017, and they were taken under submission. Dkt. 93. For the reasons stated in this Order, the Motions are DENIED. Refer to the Court's order for details. (pso) (Entered: 07/07/2017) (0)
Jul 7, 2017 45 (IN CHAMBERS) ORDER RE SUMMARY JUDGMENT by Judge John A. Kronstadt (32) (52). In June 2016, Adrian Rivera ("Plaintiff") brought separate actions against Solofill LLC; and Eko Brands, LLC and Espresso Supply, Inc.1 (collectively, "Defendants") for infringement of U.S. Patent Nos. 9,232,871 ("the '871 Patent") and 9,232,872 ("the '872 Patent"), (collectively, "Asserted Patents"). On November 21, 2016, Eko moved for summary judgment of noninfringement and invalidity of the Asserted Patents. Dkt. (32). On December 19, 2016, Solofill filed a parallel motion for summary judgment on the same issues. Dkt. (52). Because the arguments advanced with respect to the two motions ("Motions") overlap, both are addressed in this Order. For the reasons stated in this Order, the Motions are DENIED. Refer to the Court's order for details. (pso) (Entered: 07/07/2017) (0)
Nov 14, 2016 44 MINUTES OF Scheduling Conference held before Judge John A. Kronstadt. The scheduling conference is held. The Court confers with counsel regarding the status of the related cases and the parties' respective joint reports. The Court orders the cases consolidated for all pretrial purposes with a later determination as to whether one or more will be bifurcated for trial. Case No. LACV16-04676 JAK(SSx): Adrian Rivera v. Remington Designs, LLC is designated as the "Lead Case." The related cases are ordered closed unless otherwise ordered by this Court. Counsel shall refrain from filing any document in the related cases as of the date of this Order. A separate order will issue with respect to how documents are to be filed in the Lead Case., (Made JS-6. Case Terminated.) (SEE CIVIL MINUTES FOR FURTHER SPECIFICS) Court Reporter: Alex Joko. (bp) (Entered: 11/15/2016) (0)
Nov 8, 2016 43 STATEMENT of of Uncontroverted Facts in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Noninfringement and invalidity 42 filed by Counter Claimants Eko Brands, LLC, Espresso Supply, Inc., Defendants Eko Brands, LLC, Espresso Supply, Inc.. (Attachments: # 1 Declaration Mark Staudacher and Exs A-I, # 2 Declaration Jim Amundsen and Exs A-B, # 3 Declaration Brian Findley and Exs A-B, # 4 Declaration Laura J. Sommers and Ex A, # 5 Declaration Christopher Legler, # 6 Declaration David A. Lowe, # 7 Exhibit Lowe Exs A-G, # 8 Exhibit Lowe Exs H-N, # 9 Exhibit Lowe Exs O-P)(Lowe, David) (Entered: 11/08/2016) (0)
Nov 8, 2016 42 NOTICE OF MOTION AND MOTION for Summary Judgment as to Noninfringement and invalidity filed by Defendants Eko Brands, LLC, Espresso Supply, Inc.. Motion set for hearing on 3/6/2017 at 08:30 AM before Judge John A. Kronstadt. (Attachments: # 1 Proposed Order) (Lowe, David) (Entered: 11/08/2016) (0)
Nov 4, 2016 41 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-6 days, filed by Plaintiff Adrian Rivera.. (Attachments: # 1 Exhibit A)(Delgado, William) (Entered: 11/04/2016) (0)
Oct 17, 2016 40 ORDER GRANTING IN PART CORRECTED EX PARTE APPLICATION TO AMEND BRIEFING SCHEDULE (DKT. 36) by Judge John A. Kronstadt: IT IS HEREBY ORDERED Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction (Doc. 35) shall be filed no later than December 2, 2016; and Plaintiff's Reply thereto shall be filed no later than December 16, 2016. (bp) (Entered: 10/17/2016) (0)
Oct 14, 2016 39 Corrected EX PARTE APPLICATION to Amend Declaration (Motion related), 37 , EX PARTE APPLICATION to AMEND Order 17 Briefing Schedule 36 filed by Defendants Eko Brands, LLC, Espresso Supply, Inc.. (Attachments: # 1 Proposed Order) (Bentz, Tamany) (Entered: 10/14/2016) (0)
Oct 14, 2016 38 OPPOSITION re: EX PARTE APPLICATION to AMEND Order 17 Briefing Schedule 36 filed by Plaintiff Adrian Rivera. (Attachments: # 1 Declaration of Sudip K. Kundu)(Delgado, William) (Entered: 10/14/2016) (0)
Oct 12, 2016 37 DECLARATION of David A Lowe in support of EX PARTE APPLICATION to AMEND Order 17 Briefing Schedule 36 filed by Counter Claimants Eko Brands, LLC, Espresso Supply, Inc., Defendants Eko Brands, LLC, Espresso Supply, Inc.. (Lowe, David) (Entered: 10/12/2016) (0)
Oct 12, 2016 36 EX PARTE APPLICATION to AMEND Order 17 Briefing Schedule filed by Defendants Eko Brands, LLC, Espresso Supply, Inc.. (Lowe, David) (Entered: 10/12/2016) (0)
Oct 5, 2016 35 NOTICE OF MOTION AND MOTION for Preliminary Injunction re distribution and sale of Eko Products . Motion filed by Plaintiff Adrian Rivera. Motion set for hearing on 2/6/2017 at 08:30 AM before Judge John A. Kronstadt. (Attachments: # 1 Declaration Adrian Rivera, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Declaration William Delgado, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J Part One, # 13 Exhibit J Part Tw, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Declaration Paul Phillips, # 19 Exhibit O, # 20 Exhibit P, # 21 Exhibit Q, # 22 Exhibit R, # 23 Exhibit S, # 24 Exhibit T) (Delgado, William) (Entered: 10/05/2016) (0)
Sep 26, 2016 34 ANSWER to Counterclaim 33 filed by Plaintiff-Counterclaim Defendant Adrian Rivera.(Delgado, William) (Entered: 09/26/2016) (0)
Sep 5, 2016 33 COUNTERCLAIM against Plaintiff Adrian Rivera; Jury Demand, filed by Defendant and Counterclaimant Espresso Supply, Inc., Eko Brands, LLC.(Bentz, Tamany) (Entered: 09/05/2016) (0)
Sep 5, 2016 32 ANSWER to Complaint (Attorney Civil Case Opening) 1 filed by Defendant and Counterclaimant Eko Brands, LLC, Espresso Supply, Inc..(Bentz, Tamany) (Entered: 09/05/2016) (0)
Sep 2, 2016 31 ORDER SETTING RULE 26(f)16(b) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Scheduling Conference set for 11/14/2016 at 01:30 PM. Report due by 11/4/2016. See Order for Specifics. (bp) (Entered: 09/05/2016) (0)
Sep 2, 2016 30 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge John A. Kronstadt: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Answer to Complaint 29 , for the following reasons: Counsel shall re-file the amended answer and counterclaim as two separate documents no later than September 3, 2016. See Dkt. 17, p. 18.; (bp) (Entered: 09/05/2016) (0)
Aug 31, 2016 29 [STRICKEN PURSUANT TO DOCKET ENTRY #30] ANSWERJURY DEMAND. Answer, Affirmative Defenses and Counterclaims filed by Defendants Eko Brands, LLC, Espresso Supply, Inc..(Lowe, David) Modified on 9/7/2016 (bp). (Entered: 08/31/2016) (0)
Aug 4, 2016 28 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge John A. Kronstadt: granting 26 Non-Resident Attorney David A. Lowe APPLICATION to Appear Pro Hac Vice on behalf of Defendants Eko Brands, LLC and Espresso Supply, Inc., designating Tamany Vinson Bentz as local counsel. (lt) (Entered: 08/04/2016) (0)
Jul 29, 2016 26 Amendment to APPLICATION of Non-Resident Attorney David A. Lowe to Appear Pro Hac Vice on behalf of Defendants Eko Brands, LLC, Espresso Supply, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18239923) 23 filed by Defendants Eko Brands, LLC, Espresso Supply, Inc.. (Attachments: # 1 Declaration David A. Lowe, # 2 Proposed Order)(Bentz, Tamany) (Entered: 07/29/2016) (0)
Jul 29, 2016 27 Joint STIPULATION Extending Time to Answer the complaint as to Espresso Supply, Inc. answer now due 8/31/2016; Eko Brands, LLC answer now due 8/31/2016, re Complaint (Attorney Civil Case Opening) 1 filed by Defendants Espresso Supply, Inc.; Eko Brands, LLC.(Bentz, Tamany) (Entered: 07/29/2016) (0)
Jul 26, 2016 25 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney David A. Lowe to Appear Pro Hac Vice on behalf of Defendants Eko Brands, LLC, Espresso Supply, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18239923) 23 by Judge John A. Kronstadt. The Application has been filed with a digital signature belonging to David A. Lowe. Counsel shall re-file the Application with Mr. Lowe's original signature on or before July 29, 2016. If the Application is not re-filed, the fees will be returned to counsel.. (bp) (Entered: 07/26/2016) (0)
Jul 25, 2016 24 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney David A. Lowe to Appear Pro Hac Vice on behalf of Defendants Eko Brands, LLC, Espresso Supply, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18239923) 23 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. (lt) (Entered: 07/25/2016) (0)
Jul 25, 2016 23 APPLICATION of Non-Resident Attorney David A. Lowe to Appear Pro Hac Vice on behalf of Defendants Eko Brands, LLC, Espresso Supply, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18239923) filed by Defendants Eko Brands, LLC, Espresso S upply, Inc.. (Attachments: # 1 Proposed Order) (Attorney Tamany Vinson Bentz added to party Espresso Supply, Inc.(pty:dft)) (Bentz, Tamany) (Entered: 07/25/2016) (0)
Jul 25, 2016 22 NOTICE of Appearance filed by attorney Tamany Vinson Bentz on behalf of Defendant Eko Brands, LLC (Attorney Tamany Vinson Bentz added to party Eko Brands, LLC(pty:dft))(Bentz, Tamany) (Entered: 07/25/2016) (0)
Jul 19, 2016 21 PROOF OF SERVICE Executed by Plaintiff Adrian Rivera, upon Defendant Espresso Supply, Inc. served on 7/11/2016, answer due 8/1/2016. Service of the Summons and Complaint were executed upon Laura Sommers, President, in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Delgado, William) (Entered: 07/19/2016) (0)
Jul 19, 2016 20 PROOF OF SERVICE Executed by Plaintiff Adrian Rivera, upon Defendant Eko Brands, LLC served on 7/13/2016, answer due 8/3/2016. Service of the Summons and Complaint were executed upon Aimee Sixel, Controller, in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Delgado, William) (Entered: 07/19/2016) (0)
Jul 7, 2016 19 ORDER by Judge John A. Kronstadt: granting 15 Non-Resident Attorney Matthew G. Cunningham APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Adrian Rivera, designating William A. Delgado as local counsel. (ah) (Entered: 07/07/2016) (0)
Jul 7, 2016 18 ORDER by Judge John A. Kronstadt: granting 14 Non-Resident Attorney Sudip Kundu APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Adrian Rivera, designating William A. Delgado as local counsel. (ah) (Entered: 07/07/2016) (0)
Jul 7, 2016 17 STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT by Judge John A. Kronstadt. (ah) (Entered: 07/07/2016) (0)
Jul 1, 2016 16 (IN CHAMBERS) ORDER REGARDING TRANSFER OF CASE TO JUDGE JOHN A. KRONSTADT by Judge John A. Kronstadt: This action has been reassigned to the Honorable John A. Kronstadt, United States District Judge. The case number will now read: LA CV16-04753 JAK (SSx). Because all pleadings are routed using the judge's initials, please be sure to use the initials JAK in place of the initials BRO on all future filings. Judge Kronstadt's Courtroom Deputy Clerk, Andrea Keifer, can be reached at 213.894.2156. 13 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY (Entered: 07/01/2016) (0)
Jul 1, 2016 15 APPLICATION of Non-Resident Attorney Matthew G. Cunningham to Appear Pro Hac Vice on behalf of Plaintiff Adrian Rivera (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18125608) filed by Plaintiff Adrian Rivera. (Attachments: # 1 Certificat e of Good Standing, # 2 Proposed Order) (Delgado, William) (Entered: 07/01/2016) (0)
Jul 1, 2016 14 APPLICATION of Non-Resident Attorney Sudip Kundu to Appear Pro Hac Vice on behalf of Plaintiff Adrian Rivera (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18125565) filed by Plaintiff Adrian Rivera. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Delgado, William) (Entered: 07/01/2016) (0)
Jul 1, 2016 13 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 -Related Case- filed. Related Case No: 2:16-cv-04676 JAK(SSx). Case transferred from Judge Beverly Reid O'Connell and Magistrate Judge Jean P. Rosenbluth to Judge John A. Kronstadt and Magistrate Judge Suzanne H. Segal for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:16-cv-04753 JAK(SSx). Signed by Judge John A. Kronstadt (rn) (Entered: 07/01/2016) (0)
Jun 29, 2016 12 STANDING ORDER REGARDING NEWLY ASSIGNED CASES upon filing of the complaint by Judge Beverly Reid O'Connell. (rfi) (Entered: 06/29/2016) (0)
Jun 29, 2016 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Matthew Cunningham. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 06/29/2016) (0)
Jun 29, 2016 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Sudip Kundu. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 06/29/2016) (0)
Jun 29, 2016 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants Eko Brands, LLC, Espresso Supply, Inc. (car) (Entered: 06/29/2016) (0)
Jun 29, 2016 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 06/29/2016) (0)
Jun 29, 2016 7 NOTICE OF ASSIGNMENT to District Judge Beverly Reid OConnell and Magistrate Judge Jean P. Rosenbluth. (car) (Entered: 06/29/2016) (0)
Jun 29, 2016 6 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Adrian Rivera. (Delgado, William) (Entered: 06/29/2016) (0)
Jun 29, 2016 5 NOTICE of Related Case(s) filed by Plaintiff Adrian Rivera. Related Case(s): 2:16-cv-04676-JAK-SSx (Delgado, William) (Entered: 06/29/2016) (0)
Jun 29, 2016 4 NOTICE of Interested Parties filed by Plaintiff Adrian Rivera, identifying ARM Enterprises, Inc.. (Delgado, William) (Entered: 06/29/2016) (0)
Jun 29, 2016 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Adrian Rivera. (Delgado, William) (Entered: 06/29/2016) (0)
Jun 29, 2016 2 CIVIL COVER SHEET filed by Plaintiff Adrian Rivera. (Delgado, William) (Entered: 06/29/2016) (0)
Jun 29, 2016 1 COMPLAINT Receipt No: 0973-18104176 - Fee: $400, filed by Plaintiff Adrian Rivera. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Attorney William A Delgado added to party Adrian Rivera(pty:pla))(Delgado, William) (Entered: 06/29/2016) (0)
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