Case number 2:23-cv-04436
BTL Industries, Inc. v. Dr Juventas et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jun 6, 2024 | 48 | JUDGMENT by Judge John A. Kronstadt. JUDGMENT IS HEREBY ENTERED, upon consent of the Parties hereto, in favor of BTL Industries, Inc. as follows: Pursuant to Fed. R. Civ. P. 65, IT IS HEREBY ORDERED that Defendants, including any current officers, agents, employees, independent contractors, representatives, successors in interest, and all other persons, firms, or companies in active concert or participation with Defendants are permanently enjoined and restrained from directly or indirectly Using, or enabling others to use, the BTL Trademarks or any reproductions, copies, colorable imitations, and confusingly similar versions thereof. committing any acts calculated to cause consumers to believe that Defendants device(s) or services are sold under the authorization, control, or supervision of BTL. IT IS FURTHER HEREBY ORDERED that Defendants shall pay BTL the total damages agreed upon by the Parties, which amount is subject to a confidentiality clause. IT IS FURTHER HEREBY ORDERED that this Consent Judgment and Permanent Injunction shall be binding upon and shall inure to the benefit of the Parties and their respective successors, assigns, and acquiring companies. IT IS FURTHER HEREBY ORDERED that the Court retains jurisdiction of this matter for the purpose of enforcing the terms of this Consent Judgment and Permanent Injunction. IT IS FURTHER HEREBY ORDERED that all claims and demands in the above-captioned matter are hereby dismissed without prejudice and without costs, disbursements, or attorneys' fees to any party. This is a final order and judgment. IT IS SO ORDERED. (SEE DOCUMENT FOR FURTHER DETAILS) (MD JS-6, Case Terminated). (yl) (Entered: 06/07/2024) (8) |
| Jun 3, 2024 | 47 | First NOTICE OF MOTION AND MOTION to Approve Consent Judgment filed by PLAINTIFF BTL Industries, Inc.. Motion set for hearing on 7/15/2024 at 08:30 AM before Judge John A. Kronstadt. (Attachments: # 1 Proposed Order Proposed Consent Judgment) (Haj, Randy) (Entered: 06/03/2024) (0) |
| May 15, 2024 | 46 | (IN CHAMBERS) TEXT-ONLY ORDER SETTING ORDER TO SHOW CAUSE RE DISMISSAL by Judge John A. Kronstadt: On May 10, 2024, the parties filed a Notice of Settlement (Dkt. 44 ) stating that they have reached agreement as to the settlement of this action and anticipate the matter will be dismissed via a stipulation of dismissal on or before May 23, 2024. An Order to Show Cause re Dismissal ("OSC") is set for June 10, 2024, at 11:30 a.m. If the parties file a request for dismissal on or before June 3, 2024, the OSC will be discharged, the matter will be taken off calendar and no appearance by counsel will be required. If the parties do not do so, then on or before the same date they shall file a joint report stating their collective and/or respective positions as to the procedural status of the settlement process, including whether a request for dismissal is anticipated and, if so, by what date. Based on a review of a joint report, a determination will be made as to whether to proceed with the OSC as presently scheduled. All other presently scheduled deadlines are vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (JAKLC2) TEXT ONLY ENTRY (Entered: 05/15/2024) (0) |
| May 10, 2024 | 45 | TEXT ONLY - ORDER by Magistrate Judge Michael R. Wilner: Status conference and settlement conference set before Magistrate Judge Michael R. Wilner are vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY(edr) (Entered: 05/10/2024) (0) |
| May 10, 2024 | 44 | NOTICE of Settlement filed by Plaintiff BTL Industries, Inc.. (Luskin, Scott) (Entered: 05/10/2024) (2) |
| Apr 3, 2024 | 43 | ORDER RE: SETTLEMENT PROCEEDINGS by Magistrate Judge Michael R. Wilner: Per the order of District Judge Kronstadt (Docket # 42), the parties and lead trial counsel will appear in person for a settlement conference with Magistrate Judge Wilner on Wednesday, June 5, at 2 p.m. PT. A separate order laying out Judge Wilner's pre-hearing procedures will be issued at a later date. In addition, the parties' lawyers will appear for a video conference re: settlement with Judge Wilner on Thursday, May 23, at 10:30 a.m. PT. (et) (Entered: 04/04/2024) (1) |
| Mar 25, 2024 | 42 | (IN CHAMBERS) ORDER CONTINUING POST MEDIATION STATUS CONFERENCE by Judge John A. Kronstadt: Based on a review of the Joint Report (Dkt. 41 ), the Post Mediation Status Conference ("PMSC") presently scheduled for April 1, 2024, is continued to June 17, 2024; the deadline to participate in a settlement conference with Judge Wilner is continued to June 5, 2024. Within five days of the issuance of this Order, the parties shall contact the Courtroom Deputy for Magistrate Judge Wilner to schedule a settlement conference for the week of June 3, 2024. If the parties reach agreement as to the settlement of this action through their direct discussions prior to the date set for the settlement conference, they shall file a corresponding notice and also promptly contact the Courtroom Deputy for Judge Wilner so that the settlement conference can be taken off calendar. If the settlement conference proceeds, on or before June 7, 2024, the parties shall file a joint report stating their collective and/or respective positions as to the procedural status of the settlement process. If the parties report that they have reached a settlement, the joint report shall include a proposed date by which a request for dismissal will be filed, and the PMSC shall go off calendar. If the parties report that they have not reached a settlement, based on a review of the joint report, a determination will be made whether to proceed with the PMSC, continue it or vacate it. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (JAKLC2) TEXT ONLY ENTRY (Entered: 03/25/2024) (0) |
| Mar 22, 2024 | 41 | JOINT REPORT of regarding Settlement Negotiations filed by Plaintiff BTL Industries, Inc.. (Haj, Randy) (Entered: 03/22/2024) (5) |
| Feb 16, 2024 | 40 | (IN CHAMBERS) TEXT-ONLY ORDER REGARDING STATUS REPORT (DKT. 39 ) by Judge John A. Kronstadt: Based on a review of the Status Report by Plaintiff's counsel describing unsuccessful efforts to contact Defendants' counsel as to whether a Markman hearing will be necessary in this matter (Dkt. 39 ), stating that Plaintiff does not have any issues to present at a Markman hearing, and providing a potential reason why Defendants' counsel has been unresponsive, it is determined that Defendants shall have 10 days from the issuance of this Order to file a statement as to whether there are construction issues that would warrant Markman proceedings, and if so, based on a meet and confer process with Plaintiff's counsel, a proposed schedule for such a Markman process. If no report is timely filed by Defendants, the Markman hearing will be vacated, and whether Defendants may seek to raise any Markman issues at a later date is reserved based on what showing is offered as to why Defendants did not comply with this Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (JAKLC2) TEXT ONLY ENTRY (Entered: 02/16/2024) (0) |
| Feb 14, 2024 | 39 | STATUS REPORT filed by Plaintiff BTL Industries, Inc.. (Haj, Randy) (Entered: 02/14/2024) (3) |
| Feb 7, 2024 | 38 | (IN CHAMBERS) TEXT-ONLY ORDER RE MARKMAN PROCEEDINGS by Judge John A. Kronstadt: The Scheduling Order (Dkt. 35 ) set the following pretrial deadlines: (1) January 8, 2024, for the joint Markman prehearing statement; (2) January 15, 2024, for simultaneous opening Markman briefs; and (3) January 29, 2024, for simultaneous responding Markman briefs, tutorials and presentation materials. Although all of these deadlines have passed, the parties have not filed any materials or stated that there are no Markman issues. Accordingly, the Markman hearing that is presently set for February 26, 2024, is taken off calendar. Within seven days of the issuance of this Order, the parties shall file a joint report stating their respective and/or collective positions regarding whether there are construction issues that would warrant Markman proceedings, and if so, a proposed schedule for the Markman process, and an explanation as to why the current deadlines were not followed. Based on a review of the joint report, a determination will be made as to whether to adopt a schedule for a Markman process. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (JAKLC2) TEXT ONLY ENTRY (Entered: 02/07/2024) (0) |
| Nov 14, 2023 | 37 | MINUTES OF STATUS CONFERENCE RE SETTLEMENT held before Magistrate Judge Michael R. Wilner. Status conference re settlement held. (hr) (Entered: 11/14/2023) (1) |
| Oct 17, 2023 | 36 | ORDER RE: SETTLEMENT PROCEEDINGS by Magistrate Judge Michael R. Wilner. 1. The assigned district judge referred this case to Magistrate Judge Wilner for settlement proceedings. (Docket # 34.) 2. To efficiently prepare for a settlement conference by the deadline that the district judge ordered, Judge Wilner will hold an informal video conference with the lead attorneys for each side on November 14 at 10 a.m. (see document for further details) (hr) (Entered: 10/17/2023) (1) |
| Oct 13, 2023 | 35 | (IN CHAMBERS) ORDER SETTING PRETRIAL DEADLINES (DKT. 33) by Judge John A. Kronstadt. The Court has reviewed the parties' October 10, 2023 Joint Report and sets the following deadlines: Amended Pleadings due by 11/6/2023; Discovery cut-off 7/1/2024; Motions due by 7/15/2024; Last date to conduct settlement conference is 3/19/2024; Markman Hearing set on 2/26/2024 at 08:30 AM ; Post-Mediation Status Conference is set for 4/1/2024 at 11:30 AM. The Court grants the parties request to participate in a settlement conference with Magistrate Judge Wilner. (See document for further details) (yl) (Entered: 10/17/2023) (3) |
| Oct 13, 2023 | 34 | ORDER/REFERRAL to ADR Procedure No 1 by Judge John A. Kronstadt. Case ordered to Magistrate Judge Michael R. Wilner for Settlement Conference. ADR Proceeding to be held no later than March 19, 2024. Post Mediation Status Conference set for April 1, 2024, at 11:30 AM before Judge John A. Kronstadt. (tj) (Entered: 10/13/2023) (1) |
| Oct 10, 2023 | 33 | JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-5 days, filed by Plaintiff BTL Industries, Inc... (Attachments: # 1 Schedule of Pretrial and Trial Dates)(Haj, Randy) (Entered: 10/10/2023) (0) |
| Oct 10, 2023 | 32 | (IN CHAMBERS) TEXT-ONLY ORDER RE: JOINT RULE 26(F) REPORT (DKT. 31 ) by Judge John A. Kronstadt: A review of the Joint Rule 26(f) Report (Dkt. 31 ), shows that the parties intended to attach the Schedule of Pretrial and Trial Dates, but did not do so. On or before October 13, 2023, the parties shall file a completed copy of the Schedule of Pretrial and Trial Dates. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (JAKLC2) TEXT ONLY ENTRY (Entered: 10/10/2023) (0) |
| Oct 6, 2023 | 31 | JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-5 days, filed by Plaintiff BTL Industries, Inc... (Haj, Randy) (Entered: 10/06/2023) (9) |
| Aug 22, 2023 | 30 | ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. A hearing is not necessary and, therefore, the matter is taken under submission. Upon review of the Joint Report, a scheduling order will be issued. Rule 26 Meeting Report due by 10/6/2023. (tj) (Entered: 08/22/2023) (15) |
| Aug 21, 2023 | 29 | CERTIFICATE of Interested Parties filed by Defendants All Defendants, identifying Dr. Juventas, Inc., Nastran Hashemi MD. (Green, Tracy) (Entered: 08/21/2023) (1) |
| Aug 21, 2023 | 28 | CORPORATE DISCLOSURE STATEMENT filed by Defendant Juventas identifying Dr. Juventas, Inc. as Corporate Parent. (Green, Tracy) (Entered: 08/21/2023) (2) |
| Aug 21, 2023 | 27 | ANSWER to Complaint (Attorney Civil Case Opening), 1 with JURY DEMAND filed by Defendants Nastran Hashemi, Juventas.(Green, Tracy) (Entered: 08/21/2023) (13) |
| Aug 4, 2023 | 26 | ORDER RE STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY MORE THAN 30 DAYS (DKT. 24) by Judge John A. Kronstadt. Based on a review of the Stipulation to Extend Time to Respond to Initial Complaint by More Than 30 Days (the Stipulation (Dkt. 24)), sufficient good cause has been shown for the requested relief. Therefore, the Stipulation is APPROVED, as follows: The time for Defendant to respond to Plaintiff's Complaint is extended until August 19, 2023. IT IS SO ORDERED. (yl) (Entered: 08/07/2023) (2) |
| Aug 3, 2023 | 24 | First STIPULATION for Extension of Time to File Answer to August 19, 2023 re Complaint (Attorney Civil Case Opening), 1 filed by Defendant Nastran Hashemi, Juventas. (Attachments: # 1 Proposed Order)(Attorney Tracy Green added to party Nastran Hashemi(pty:dft), Attorney Tracy Green added to party Juventas(pty:dft))(Green, Tracy) (Entered: 08/03/2023) (0) |
| Aug 3, 2023 | 25 | NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Juventas 21 and REQUEST for Clerk to Enter Default against Defendant Nastran Hashemi 22 . The Clerk cannot enter the requested relief as: A stipulation for Extension of Time to File Answer. (yl) (Entered: 08/03/2023) (1) |
| Aug 2, 2023 | 23 | RESPONSE filed by Plaintiff BTL Industries, Inc.to Order to Show Cause, 20 (Haj, Randy) (Entered: 08/02/2023) (4) |
| Aug 1, 2023 | 22 | REQUEST for Clerk to Enter Default against Defendant Nastran Hashemi filed by Plaintiff BTL Industries, Inc.. (Attachments: # 1 Exhibit A) (Haj, Randy) (Entered: 08/01/2023) (0) |
| Aug 1, 2023 | 21 | REQUEST for Clerk to Enter Default against Defendant Juventas filed by Plaintiff BTL Industries, Inc.. (Attachments: # 1 Exhibit A) (Haj, Randy) (Entered: 08/01/2023) (0) |
| Jul 25, 2023 | 20 | MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION AS TO DR. JUVENTAS AND NASTRAN HASHEMI by Judge John A. Kronstadt. The Court, on its own motion, orders Plaintiff to show cause in writing no later than August 2, 2023 why this action should not be dismissed for lack of prosecution regarding overdue responses as to Dr. Juventas and Nastran Hashemi. (See document for further details). (aco) (Entered: 07/26/2023) (1) |
| Jun 27, 2023 | 19 | PROOF OF SERVICE Executed by Plaintiff BTL Industries, Inc., upon Defendant Nastran Hashemi served on 6/23/2023, answer due 7/14/2023. Service of the Summons and Complaint were executed upon Nastran Hashemi in compliance with Federal Rules of Civil Procedure by personal service (Haj, Randy) (Entered: 06/27/2023) (1) |
| Jun 22, 2023 | 18 | PROOF OF SERVICE Executed by Plaintiff BTL Industries, Inc., upon Defendant Juventas served on 6/13/2023, answer due 7/5/2023. Service of the Summons and Complaint were executed upon Julia Pineda, Person in Charge in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy (Haj, Randy) (Entered: 06/22/2023) (3) |
| Jun 16, 2023 | 17 | ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE (Dkt. 15) by Judge John A. Kronstadt GRANTING 15 Non-Resident Attorney Ogden, Seth R. APPLICATION to Appear Pro Hac Vice on behalf of BTL INDUSTRIES, INC., designating Haj, Randy R. as local counsel. (yl) (Entered: 06/20/2023) (2) |
| Jun 15, 2023 | 16 | REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by BTL Industries, Inc.. (Haj, Randy) (Entered: 06/15/2023) (1) |
| Jun 13, 2023 | 15 | APPLICATION of Non-Resident Attorney Seth R. Ogden to Appear Pro Hac Vice on behalf of Plaintiff BTL Industries, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35487514) filed by Plaintiff BTL Industries, Inc.. (Attachments: # 1 Proposed Order) (Haj, Randy) (Entered: 06/13/2023) (0) |
| Jun 9, 2023 | 14 | RESPONSE filed by Pro Hac Vice attorney John W. Stevens on behalf of Plaintiff BTL Industries, Inc.. RE: Notice of Filing Fee Due. PHV fee n/a. Attorney will not be appearing as attorney of record on this case. (lt) (Entered: 06/09/2023) (1) |
| Jun 8, 2023 | 13 | STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Courts Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (tj) (Entered: 06/08/2023) (30) |
| Jun 7, 2023 | 12 | NOTICE AND ORDER REGARDING TRANSFER AND/OR REASSIGNMENT OF PATENT CASE by Judge Dale S. Fischer. Case transferred from Judge Dale S. Fischer to Judge John A. Kronstadt for all further proceedings. Case number now reads 2:23-cv-04436 JAK(MRWx). (rn) (Entered: 06/07/2023) (1) |
| Jun 7, 2023 | 11 | NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (et) (Entered: 06/07/2023) (1) |
| Jun 7, 2023 | 10 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney John W Stevens on behalf of Plaintiff. 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. (et) (Entered: 06/07/2023) (1) |
| Jun 7, 2023 | 9 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Seth R. Ogden on behalf of Plaintiff. 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. (et) (Entered: 06/07/2023) (1) |
| Jun 7, 2023 | 8 | 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants Nastran Hashemi, Juventas. (et) (Entered: 06/07/2023) (2) |
| Jun 7, 2023 | 7 | Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) (Entered: 06/07/2023) (1) |
| Jun 7, 2023 | 6 | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 06/07/2023) (2) |
| Jun 7, 2023 | 5 | NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Michael R. Wilner. (et) (Entered: 06/07/2023) (1) |
| Jun 6, 2023 | 4 | NOTICE of Interested Parties filed by Plaintiff BTL INDUSTRIES, INC., identifying BTL Holdings Limited Sole parent company of Plaintiff BTL Industries, Inc.. (Haj, Randy) (Entered: 06/06/2023) (2) |
| Jun 6, 2023 | 3 | Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff BTL INDUSTRIES, INC.. (Haj, Randy) (Entered: 06/06/2023) (2) |
| Jun 6, 2023 | 2 | CIVIL COVER SHEET filed by Plaintiff BTL INDUSTRIES, INC.. (Haj, Randy) (Entered: 06/06/2023) (3) |
| Jun 6, 2023 | 1 | Complaint?* (1) |
