Case number 8:17-cv-00432
Brian Horowitz et al v. Yishun Chen et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jul 7, 2023 | 329 | ORDER DISMISSING ACTION by Judge Fernando L. Aenlle-Rocha: Having considered the Mediation Report 328 and finding good cause therefor, the court hereby ORDERS: 1. ALL deadlines governing this action are VACATED 275 .2. The court DISMISSES the action without prejudice. The court retains jurisdiction to vacate this Order and to reopen the action within 60 days from the date of this Order. 3. This Order does not preclude the filing of a stipulation of dismissal withprejudice pursuant to Fed. R. Civ. P. 41, which does not require approvalof the court.(Made JS-6. Case Terminated.) (lc) (Entered: 07/07/2023) (2) |
| Jul 7, 2023 | 330 | REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (lc) (Entered: 07/07/2023) (3) |
| Jul 5, 2023 | 328 | JOINT REPORT of MEDIATION filed by Cross Defendants Caliber Legal, P.C., Yue Zhang. (Sohal, Vikram) (Entered: 07/05/2023) (3) |
| Jun 12, 2023 | 327 | ORDER GRANTING PLAINTIFFS COUNSEL DARRELL W. GIBBY'S MOTION TO WITHDRAW AS COUNSEL 326 by Judge Fernando L. Aenlle-Rocha: (1) Plaintiffs have discharged him as counsel, (2) Plaintiffs remain represented by attorney Marc C. Forsythe, and (3) no party opposes the request. Having considered the Motion and finding good cause therefor, the court GRANTS Gibby's request to withdraw as counsel for Plaintiffs. (lc) (Entered: 06/12/2023) (1) |
| May 17, 2023 | 326 | NOTICE OF MOTION AND MOTION of Darrell W. Gibby to Withdraw as Attorney Plaintiffs' Counsel Darrell W. Gibby's Notice of Motion and Motion to Withdraw as Counsel for Plaintiffs Creative Outdoor Distributors USA, Inc. and Brian Horowitz; Declaration of Darrell W. Gibby in Support filed by Plaintiff Creative Outdoor Distributors USA Inc., Brian Horowitz. Motion set for hearing on 6/23/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Forsythe, Marc) (Entered: 05/17/2023) (8) |
| May 15, 2023 | 325 | ORDER GRANTING STIPULATION TO CONTINUE PRETRIAL AND TRIAL DATES 324 by Judge Fernando L. Aenlle-Rocha: Final Pretrial Conference set for 11/3/2023 01:30 PM; Jury Trial set for 12/5/2023 08:30 AM; ; Motion set for hearing on 11/3/2023 at 01:30 PM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc) (Entered: 05/15/2023) (2) |
| May 11, 2023 | 323 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Notice of Continuance 321 by Judge Fernando L. Aenlle-Rocha. The document is stricken. OTHER: Incorrect event selected. Correct event to be used is: Stipulation: Order. PDF is a Stipulation to continue mediation deadline. Incorrect event does NOT provide the relief sought. The Stipulation lacks attestation pursuant to Local Rule 5-4.3.4. (lc) Modified on 5/11/2023 (lc). (Entered: 05/11/2023) (1) |
| May 11, 2023 | 324 | Joint STIPULATION to Continue Mediation Completion Deadline and Trial Dates from May 5, 2023 (Mediation Completion) and July 25, 2023 (Trial) to June 30, 2023 (Mediation Completion) and November or December 2023 (Trial) Re: Order/Referral to ADR (No 3) (Private Mediator) (ADR-12) 319 , Scheduling Order,, Terminate Deadlines and Hearings,, Set/Reset Deadlines/Hearings, 320 filed by Cross-Defendants Caliber Legal, P.C., Yue Zhang. (Attachments: # 1 Proposed Order)(Sohal, Vikram) (Entered: 05/11/2023) (0) |
| May 9, 2023 | 322 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Continuance 321 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Stipulation: order. Pdf is a stipulation for continuance of mediation deadline. Incorrect event does NOT provide the relief sought. It is noted a proposed order was submitted as a separate attachment. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) (Entered: 05/09/2023) (2) |
| May 5, 2023 | 321 | (STRICKEN PER 5/11/2023 COURT' G112B RESPONSE DOCKET NO. 323). NOTICE of Continuance of Order/Referral to ADR (No 3) (Private Mediator) (ADR-12) 319 , Scheduling Order,, Terminate Deadlines and Hearings,, Set/Reset Deadlines/Hearings, 320 (Attachments: # 1 Proposed Order)(McCarthy, Michael) Modified on 5/11/2023 (lc). (Entered: 05/05/2023) (0) |
| Apr 7, 2023 | 319 | ORDER/REFERRAL to ADR Procedure No 3 by Judge Fernando L. Aenlle-Rocha. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 05/05/2023. (tf) (Entered: 04/07/2023) (1) |
| Apr 7, 2023 | 320 | AMENDED ORDER RE: SCHEDULE OF PRETRIAL AND TRIAL DATES, TRIAL REQUIREMENTS, ANDCONDUCT OF ATTORNEYS AND PARTIES by Judge Fernando L. Aenlle-Rocha: Final Pretrial Conference set for 6/16/2023 01:30 PM; Jury Trial set for 7/25/2023 08:30 AM ; Motion in Limine set for hearing on 6/16/2023 at 01:30 PM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc) (Entered: 04/07/2023) (21) |
| Mar 31, 2023 | 318 | ORDER: (1) DENYING DEFENDANTS YISHUN CHEN AND ZHAOSHENG CHEN'S MOTION FOR SUMMARY JUDGMENT 260 ; (2) DENYING DEFENDANTS KEVIN XIA AND EVERYDAYSPORTSOUTDOOR CORPORATIONS MOTION FOR SUMMARY JUDGMENT 267 ; (3) GRANTING IN PART AND DENYING IN PART PLAINTIFFS BRIAN HOROWITZ AND CREATIVE OUTDOOR DISTRIBUTORS USA, INC.'S MOTION FOR SUMMARY JUDGMENT 272 ; AND (4) DENYING CROSS-DEFENDANTS YUE ZHANG AND CALIBER LEGAL, P.C.'S MOTION FOR SUMMARY JUDGMENT [230 ] by Judge Fernando L. Aenlle-Rocha. (lc) (Entered: 03/31/2023) (30) |
| Feb 8, 2022 | 317 | TEXT ENTRY (IN CHAMBERS) ORDER TAKING CROSS-DEFENDANTS YUE ZHANG AND CALIBER LEGAL, P.C.'S MOTION FOR SUMMARY JUDGMENT ON THE CROSSCLAIMS (DKT. 230 ), DEFENDANTS / COUNTER-COMPLAINANTS YISHUN CHEN AND ZHAOSHENG CHEN'S MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE SUMMARY ADJUDICATION ON THE VARIOUS CLAIMS ASSERTED IN THIS ACTION BY PLAINTIFFS (DKT. 260 ), DEFENDANTS KEVIN XIA AND EVERYDAYSPORTS OUTDOOR CORPORATION'S MOTION FOR SUMMARY JUDGMENT ON THE CLAIMS OF PLAINTIFFS (DKT. 267 ) AND PLAINTIFFS BRIAN HOROWITZ AND CREATIVE OUTDOOR DISTRIBUTORS USA, INC.'S MOTION FOR SUMMARY JUDGMENT (DKT. 272 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the referenced motions currently scheduled for hearing on February 11, 2022, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, these motions are taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY (Entered: 02/08/2022) (0) |
| Dec 7, 2021 | 316 | ORDER GRANTING JOINT STIPULATION TO CONTINUE HEARING ON PARTIES SEPARATE MOTIONS FOR SUMMARY JUDGMENT 315 by Judge Fernando L. Aenlle-Rocha: The hearing on the parties separate motions for summary judgment is CONTINUED from January 14, 2022 to February 11, 2022 at 1:00 p.m. 230 , 260 , 267 , 272 . (lc) (Entered: 12/08/2021) (2) |
| Dec 2, 2021 | 315 | Joint STIPULATION to Continue Motions for Summary Judgment from 01/14/2022 to 02/04/2021 Re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Fourth Amended Complaint and Chens' Second Amended Counter Claims 260 , NOTICE OF MOTION AND MOTION for Summary Judgment as to As to Claims of Plaintiffs Brian Horowitz and Creative Outdoor Distributors USA, Inc. 267 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Crossclaims of Cross-Complainants Yishun Chen, Zhaosheng Chen, Kevin Xia, and Everydaysports Outdoor Corporation 230 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Ptfs/XDef Claims Against Def/XClaimants Chen & Xia & EOC and Def/XClaimants' Claims Against Ptf/XDefendants 272 filed by Plaintiff Creative Outdoor Distributors USA Inc., Brian Horowitz. (Attachments: # 1 Proposed Order Proposed Order)(Forsythe, Marc) (Entered: 12/02/2021) (0) |
| Nov 29, 2021 | 314 | TEXT ENTRY (IN CHAMBERS) ORDER CONTINUING MOTIONS FOR SUMMARY JUDGMENT (DKT. NOS. 230, 260, 267 and 272) by Judge Fernando L. Aenlle-Rocha: The Court, on its own motion, continues the Motions for Summary Judgment from December 3, 2021 to January 14, 2022 at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY (Entered: 11/29/2021) (0) |
| Sep 2, 2021 | 312 | (IN CHAMBERS) ORDER CONTINUING (1) CROSS-DEFENDANT YUE ZHANG AND CALIBER LEGAL, P.C.'S MOTION FOR SUMMARY JUDGMENT ON THE CROSSCLAIMS OF YISHUN CHEN AND ZHAOSHENG CHEN (DKT. 179), AND THE CROSSCLAIMS OF KEVIN XIA AND EVERDAYSPORTS OUTDOOR CORPORATION (DKT. 180) (DKT. 230 ), (2) DEFENDANTS/COUNTER-COMPLAINANTS, YISHUN CHEN AND ZHAOSHENG CHEN'S MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION ON THE VARIOUS CLAIMS ASSERTED IN THIS ACTION BY PLAINTIFFS AGAINST DEFENDANTS (DKT. 260 ), (3) DEFENDANTS KEVIN XIA AND EVERYDAYSPORTS OUTDOOR CORPORATION D/B/A WONDERFOLD OUTDOORS' MOTION FOR SUMMARY JUDGMENT ON THE CLAIMS OF PLAINTIFFS, BRIAN HOROWITZ AND CREATIVE OUTDOOR DISTRIBUTORS USA, INC. (DKT. 267 ), AND (4) PLAINTIFFS BRIAN HOROWITZ AND CREATIVE OUTDOOR DISTRIBUTORS USA, INC.'s MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS/COUNTER-DEFENDANTS/COUNTER-CLAIMANTS YISHUN CHEN AND ZHAOSHENG CHEN AND DEFENDANTS KEVIN XIA AND EVERYDAYSPORTS OUTDOOR CORP., D/B/A WONDERFOLD AND ON DEFENDANTS/COUNTERCLAIMANTS' CLAIMS AGAINST PLAINTIFFS/COUNTER-DEFENDANTS (DKT. 272 ) by Judge Fernando L. Aenlle-Rocha: The Court on its own motion, continues the Motion for Summary Judgment as to Crossclaims of Cross-Complainants Yishun Chen, Zhaosheng Chen, Kevin Xia, and Everydaysports Outdoor Corporation (Dkt. 230 ), Motion for Summary Judgment, or, in the Alternative, for Summary Adjudication on the Various Claims Asserted in this Action (DKT. 260 ), Motion for Summary Judgment on the Claims of Plaintiffs, Brian Horowitz and Creative Outdoor Distributors USA, INC., (DKT. 267 ) and Motion for Summary Judgment on Plaintiffs/Counter-Defendants Claims Against Defendants/Counter-Claimants Yishun Chen and Zhaosheng Chen and Defendants Kevin Xia and Everydaysports Outdoor Corp., D/B/A Wonderfold and on Defendants/CounterClaimants' Claims Against Plaintiffs/Counter-Defendants (DKT. 272 ) from September 10, 2021, at 1:30 PM to December 3, 2021, at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(tf) (Entered: 09/02/2021) (0) |
| Sep 2, 2021 | 313 | (IN CHAMBERS) On the Court's own motion, the Final Pretrial Conference date of October 29, 2021, the Jury Trial date of November 9, 2021, and the pretrial deadlines are hereby vacated. The Court will reset the above dates, following the ruling on the motions for summary judgment. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) (Entered: 09/02/2021) (0) |
| Aug 27, 2021 | 306 | DECLARATION of Brian Horowitz in Support of Reply to Motion for Summary Judgment Docket 304 NOTICE OF MOTION AND MOTION for Summary Judgment as to Ptfs/XDef Claims Against Def/XClaimants Chen & Xia & EOC and Def/XClaimants' Claims Against Ptf/XDefendants 272 filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 08/27/2021) (14) |
| Aug 27, 2021 | 307 | Amendment to NOTICE OF MOTION AND MOTION for Summary Judgment as to Ptfs/XDef Claims Against Def/XClaimants Chen & Xia & EOC and Def/XClaimants' Claims Against Ptf/XDefendants 272 Plaintiffs/Counterdefendants Brian Horowitz And Creative Outdoor Distributors USA, Inc.s Amended Reply To Defendants Kevin Xia And Everydaysports Outdoor Corp D/B/A Wonderfolds Response In Opposition To Plaintiff/Counterdefendants Brian Horowitz And Creative Outdoor Distributors USA, Inc.s Motion For Summary Judgment filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Attachments: # 1 Declaration of Darrell W. Gibby)(Forsythe, Marc) (Entered: 08/27/2021) (0) |
| Aug 27, 2021 | 308 | REPLY to Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Fourth Amended Complaint and Chens' Second Amended Counter Claims 260 , NOTICE OF MOTION AND MOTION for Summary Judgment as to As to Claims of Plaintiffs Brian Horowitz and Creative Outdoor Distributors USA, Inc. 267 filed by Defendants Everydaysports Outdoor Corporation, Kevin Xia, Cross Claimants Everydaysports Outdoor Corporation, Kevin Xia. (Attachments: # 1 Reply to Evidentiary Objection, # 2 Reply to Statement of Genuine Disputes)(Wang, Gary) (Entered: 08/27/2021) (0) |
| Aug 27, 2021 | 309 | REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Fourth Amended Complaint and Chens' Second Amended Counter Claims 260 filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Declaration, # 2 Exhibit)(Lin, David) (Entered: 08/27/2021) (0) |
| Aug 27, 2021 | 310 | RESPONSE IN SUPPORT OF CHENS' Statement of Uncontroverted Facts in support of their Motion for Summary Judgment filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 08/27/2021) (25) |
| Aug 27, 2021 | 311 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Response in Support of Motion 310 by Yishun Chen, Zhaosheng Chen. The following error(s) was/were found: Case number is incorrect or missing. Filer using incorrect Previous Judge Guilford's Initials as "AG" who is not longer assigned to this case as of 2/5/2020. Refer to 12/29/20 Transfer order to Judge Fernando L. Aenlle-Rocha for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:17-cv-00432-FLA-DFMx. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) (Entered: 08/27/2021) (2) |
| Aug 26, 2021 | 302 | OPPOSITION filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Attachments: # 1 Declaration Darrell Gibby)(Forsythe, Marc) (Entered: 08/26/2021) (0) |
| Aug 26, 2021 | 303 | OPPOSITION filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 08/26/2021) (30) |
| Aug 26, 2021 | 304 | OPPOSITION filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Attachments: # 1 Declaration Darrell Gibby)(Forsythe, Marc) (Entered: 08/26/2021) (0) |
| Aug 26, 2021 | 305 | OPPOSITION filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 08/26/2021) (30) |
| Aug 23, 2021 | 301 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration (Motion related), 298 , Declaration (Motion related), 299 , Declaration (Motion related), 300 by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. The following error(s) was/were found: Title page is missing. Other error(s) with document(s): MISSING Title page and its required LR-11-3.8 required filer, attorney, court and case information. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) (Entered: 08/23/2021) (2) |
| Aug 20, 2021 | 295 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Ptfs/XDef Claims Against Def/XClaimants Chen & Xia & EOC and Def/XClaimants' Claims Against Ptf/XDefendants 272 filed by Defendants Everydaysports Outdoor Corporation, Kevin Xia, Cross Claimants Everydaysports Outdoor Corporation, Kevin Xia. (Attachments: # 1 Evidentiary Objections, # 2 Statement of Genuine Disputes, # 3 Proposed Order Proposed Order)(Wang, Gary) (Entered: 08/20/2021) (0) |
| Aug 20, 2021 | 296 | OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Ptfs/XDef Claims Against Def/XClaimants Chen & Xia & EOC and Def/XClaimants' Claims Against Ptf/XDefendants 272 filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 08/20/2021) (30) |
| Aug 20, 2021 | 297 | Opposition To Statement of Uncontroverted Facts In Support of Oppo to re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Ptfs/XDef Claims Against Def/XClaimants Chen & Xia & EOC and Def/XClaimants' Claims Against Ptf/XDefendants 272 filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 08/20/2021) (30) |
| Aug 20, 2021 | 298 | DECLARATION of Yishun Chen In opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Ptfs/XDef Claims Against Def/XClaimants Chen & Xia & EOC and Def/XClaimants' Claims Against Ptf/XDefendants 272 filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 08/20/2021) (4) |
| Aug 20, 2021 | 299 | DECLARATION of Zhaosheng Chen In opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Ptfs/XDef Claims Against Def/XClaimants Chen & Xia & EOC and Def/XClaimants' Claims Against Ptf/XDefendants 272 filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 08/20/2021) (4) |
| Aug 20, 2021 | 300 | DECLARATION of David S. Lin In Oppo to NOTICE OF MOTION AND MOTION for Summary Judgment as to Ptfs/XDef Claims Against Def/XClaimants Chen & Xia & EOC and Def/XClaimants' Claims Against Ptf/XDefendants 272 filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Exhibit A-O, # 2 Exhibit P-AA)(Lin, David) (Entered: 08/20/2021) (0) |
| Aug 19, 2021 | 293 | DECLARATION of Yishun Chen In support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Fourth Amended Complaint and Chens' Second Amended Counter Claims 260 Original Signature filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 08/19/2021) (5) |
| Aug 19, 2021 | 294 | DECLARATION of Zhaosheng Chen In support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Fourth Amended Complaint and Chens' Second Amended Counter Claims 260 Original Signature filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 08/19/2021) (5) |
| Aug 13, 2021 | 290 | OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to As to Claims of Plaintiffs Brian Horowitz and Creative Outdoor Distributors USA, Inc. 267 Plaintiffs/Counter-Defendants Brian Horowitz and Creative Outdoor Distributors USA, Inc.'s Response in Opposition to Defendants Kevin Xia and Everydaysports Outdoor Corporation d/b/a Wonderfold Outdoors' Motion for summary Judgment Motion for Summary Judgment filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 08/13/2021) (22) |
| Aug 13, 2021 | 291 | STATEMENT of Genuine Disputes of Material Fact NOTICE OF MOTION AND MOTION for Summary Judgment as to As to Claims of Plaintiffs Brian Horowitz and Creative Outdoor Distributors USA, Inc. 267 Plaintiffs Brian Horowitz and Creative Outdoor Distributors USA, Inc.'s Statements of Genuine Disputes of Material Facts in Opposition to Defendants Kevin Xia and Everydaysports Outdoor Corporation d/b/a Wonderfold Statements of Unconvtroverted Facts filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 08/13/2021) (13) |
| Aug 13, 2021 | 292 | DECLARATION of Brian Horowitz in Support of Opposition to MSJ NOTICE OF MOTION AND MOTION for Summary Judgment as to As to Claims of Plaintiffs Brian Horowitz and Creative Outdoor Distributors USA, Inc. 267 filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Attachments: # 1 Declaration Part 2, # 2 Declaration Part 3, # 3 Declaration Part 4, # 4 Declaration Part 5, # 5 Declaration Part 6, # 6 Declaration Part 7, # 7 Declaration Part 8, # 8 Declaration Part 9, # 9 Civil Cover Sheet Part 10)(Forsythe, Marc) (Entered: 08/13/2021) (0) |
| Aug 12, 2021 | 286 | OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Fourth Amended Complaint and Chens' Second Amended Counter Claims 260 Plaintiffs/Counter-Defendants Brian Horowitz and Creative Outdoor Distributors USA, Inc.'s Response in Opposition to Defendants/Counter-Plaintiffs Yishun Chen and Zhaosheng Chen's Motion for Summary Judgment filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 08/12/2021) (20) |
| Aug 12, 2021 | 287 | Evidentiary Objection Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Fourth Amended Complaint and Chens' Second Amended Counter Claims 260 Plaintiff/Counter Defendants Brian Horowitz and Creative Outdoor Distributors USA, Inc.'s Objections to Defendants/Counter-Plaintiffs' Evidence Offered in Support of Their Motion for Summary Judgment filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 08/12/2021) (4) |
| Aug 12, 2021 | 288 | STATEMENT of Genuine Disputes of Material Fact NOTICE OF MOTION AND MOTION for Summary Judgment as to Fourth Amended Complaint and Chens' Second Amended Counter Claims 260 261 Plaintiffs/Counter-Defendants Brian Horowitz and Creative Outdoor Distributors USA, Inc.'s Statements of Genuine Disputes of Material Fact in Opposition to Counter-Claimants Yishun Chen and Zhaosheng Chen's Statements of Uncontrovered FactsResponse in Opposition to Defendants/Counter-Plaintiffs Yishun Chen and Zhaosheng Chen's Motion for Summary Judgment filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 08/12/2021) (18) |
| Aug 12, 2021 | 289 | DECLARATION of Brian Horowitz in Support of Opposition to MSJ NOTICE OF MOTION AND MOTION for Summary Judgment as to Fourth Amended Complaint and Chens' Second Amended Counter Claims 260 filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Attachments: # 1 Declaration Part 2, # 2 Declaration Part 3, # 3 Declaration Part 4, # 4 Declaration Part 5, # 5 Declaration Part 6, # 6 Declaration Part 7, # 7 Declaration Part 8, # 8 Declaration Part 9, # 9 Declaration Part 10)(Forsythe, Marc) (Entered: 08/12/2021) (0) |
| Aug 11, 2021 | 284 | Original Signature to Declaration of Brian Horowitz filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Ptfs/XDef Claims Against Def/XClaimants Chen & Xia & EOC and Def/XClaimants' Claims Against Ptf/XDefendants 272 (Forsythe, Marc) (Entered: 08/11/2021) (4) |
| Aug 11, 2021 | 285 | MINUTES (IN CHAMBERS) by Judge Fernando L. Aenlle-Rocha: ORDER DENYING DEFENDANTS' EX PARTE APPLICATION 277 ; ORDER GRANTING PLAINTIFFS' EX PARTEAPPLICATION 279 . Before the court are (1) Defendants and Counter-Claimants Yishun Chen and Zhaosheng Chen's (the "Chen Defendants") Ex Parte Application to Strike Plaintiffs' Untimely Motion for Summary Judgment and Objection to Belated Filing of Plaintiffs' Motion for Summary Judgment Beyond the Time Filing Deadline As Mandated Under the F.R.C.P., Dkt. 277 (the "Chen Defendants' Ex Parte Application"), and (2) Plaintiffs and Counter-DefendantsBrian Horowitz and Creative Outdoor Distributors USA, lnc.'s ("Plaintiffs") Ex Parte Application Requesting An Extension of Time to File Motion for Summary Judgment, Dkt. 279 ("Plaintiffs' Ex Parte Application"). For the reasons set forth below, the court DENIES the Chen Defendants' Ex Parte Application and GRANTS Plaintiffs' Ex Parte Application. On its own motion, the courtCONTINUES the hearing on Plaintiffs' motion for summary judgment to September 10, 2021 at 1 :30 p.m. Oppositions shall be fi led no later than August 20, 2021. Plaintiffs' reply shall be filed no later than August 27, 2021.The court further CONTINUES the hearing on Defendants and Cross-Claimants KevinXia, EverydaySports Outdoor Corp.'s (the "EverydaySports Defendants") Motion forSummary Judgment (Dkt. 267) and the hearing on the Chen Defendants' Motion forSummary Judgment (Dkt. 260) (collectively, "Defendants' Motions") to September 10, 2021 at 1 :30 p.m. Oppositions to Defendants' Motions shall be filed no later than August 13, 2021. Replies in support of Defendants' Motions shall be filed no later than August 27, 2021. (lc) (Entered: 08/11/2021) (3) |
| Aug 10, 2021 | 283 | TEXT ENTRY (IN CHAMBERS) ORDER CONTINUING PLAINTIFFS/COUNTER-DEFENDANTS' MOTION IN LIMINE (DKT. 275 ) by Judge Fernando L. Aenlle-Rocha: Plaintiffs have failed to set their motion in limine on the same date as the Final Pretrial Conference. Counsel is instructed to refer to the Court's Order Re: Schedule of Pretrial and Trial Dates, Trial Requirements, and Conduct of Attorneys and Parties (DKT. 222 ) filed on March 22, 2021. The Court, on its own motion, continues the Motion from September 3, 2021 to October 29, 2021 at 3:00 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) (Entered: 08/10/2021) (0) |
| Aug 9, 2021 | 281 | Opposition Opposition re: EX PARTE APPLICATION to Withdraw NOTICE OF MOTION AND MOTION for Summary Judgment as to Ptfs/XDef Claims Against Def/XClaimants Chen & Xia & EOC and Def/XClaimants' Claims Against Ptf/XDefendants 272 277 Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendants' Ex Parte Application to STrike Plaintiffs' Untimely Motion for Summary Judgment and Objection to Belated Filing of Plaintiffs' Motion for Summary Judgment Beyond the Time Filing Deadline as Mandated Under the FRCP filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Attachments: # 1 Declaration Declaration)(Forsythe, Marc) (Entered: 08/09/2021) (0) |
| Aug 9, 2021 | 282 | JOINDER filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen joining in Objection/Opposition (Motion related), 280 . (Lin, David) (Entered: 08/09/2021) (3) |
| Aug 8, 2021 | 280 | Opposition in opposition re: EX PARTE APPLICATION for Extension of Time to File Motion for Summary Judgment 279 filed by Defendants Everydaysports Outdoor Corporation, Kevin Xia, Cross Claimants Everydaysports Outdoor Corporation, Kevin Xia. (Attachments: # 1 Proposed Order Proposed Order)(Wang, Gary) (Entered: 08/08/2021) (0) |
| Aug 6, 2021 | 275 | NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Certain evidence filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. Motion set for hearing on 9/3/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: # 1 Memorandum Memo of P&As, # 2 Proposed Order Proposed Order)(Forsythe, Marc) (Entered: 08/06/2021) (0) |
| Aug 6, 2021 | 276 | ORDER DENYING JOINT STIPULATION TO EXTEND TIME TO COMPLETE EXPERT DISCOVERY 273 by Judge Fernando L. Aenlle-Rocha. (lom) (Entered: 08/06/2021) (2) |
| Aug 6, 2021 | 277 | EX PARTE APPLICATION to Withdraw NOTICE OF MOTION AND MOTION for Summary Judgment as to Ptfs/XDef Claims Against Def/XClaimants Chen & Xia & EOC and Def/XClaimants' Claims Against Ptf/XDefendants 272 filed by Defendants and Counterclaimants Yishun Chen, Zhaosheng Chen, Everydaysports Outdoor Corporation, Kevin Xia. (Attachments: # 1 Declaration Decl of Wang, # 2 Proposed Order Proposed Order) (Wang, Gary) (Entered: 08/06/2021) (0) |
| Aug 6, 2021 | 278 | DECLARATION of David S. Lin in support of EX PARTE APPLICATION to Withdraw NOTICE OF MOTION AND MOTION for Summary Judgment as to Ptfs/XDef Claims Against Def/XClaimants Chen & Xia & EOC and Def/XClaimants' Claims Against Ptf/XDefendants 272 277 filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 08/06/2021) (5) |
| Aug 6, 2021 | 279 | EX PARTE APPLICATION for Extension of Time to File Motion for Summary Judgment filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Attachments: # 1 Proposed Order Proposed Order) (Forsythe, Marc) (Entered: 08/06/2021) (0) |
| Aug 5, 2021 | 274 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Extend Discovery Cut-Off Date 273 . The following error(s) was/were found: [Prop] Order has the incorrect Judge's name. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) (Entered: 08/05/2021) (1) |
| Aug 4, 2021 | 273 | STIPULATION to Extend Discovery Cut-Off Date to September 9, 2021 filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Attachments: # 1 Proposed Order Proposed Order)(Forsythe, Marc) (Entered: 08/04/2021) (0) |
| Aug 3, 2021 | 271 | JOINDER in NOTICE OF MOTION AND MOTION for Summary Judgment as to Fourth Amended Complaint and Chens' Second Amended Counter Claims 260 filed by Defendants Everydaysports Outdoor Corporation, Kevin Xia, Cross Claimants Everydaysports Outdoor Corporation, Kevin Xia. (Wang, Gary) (Entered: 08/03/2021) (3) |
| Aug 3, 2021 | 272 | NOTICE OF MOTION AND MOTION for Summary Judgment as to Ptfs/XDef Claims Against Def/XClaimants Chen & Xia & EOC and Def/XClaimants' Claims Against Ptf/XDefendants filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. Motion set for hearing on 9/3/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: # 1 Memorandum Memo of P&As, # 2 Declaration Dec of B Horowitz dtd 07-15-2021, # 3 Declaration Dec of B Horowitz dtd 07-30-2021, # 4 Declaration Dec of D Gibby dtd 07-30-2021, # 5 Appendix Appendix, # 6 Exhibit Exhibits A - C, # 7 Exhibit Exhibits D - H, # 8 Exhibit Exhibits I - Q, # 9 Exhibit Exhibits R - Z, # 10 Exhibit Exhibits AA - EE, # 11 Exhibit Exhibit FF, # 12 Exhibit Exhibits GG - UU, # 13 Proposed Order Proposed Judgment, # 14 Supplement Stmt of Uncontroverted Facts) (Forsythe, Marc) (Entered: 08/03/2021) (0) |
| Aug 2, 2021 | 265 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Summary Judgment as to Fourth Amended Complaint and Chens' Second Amended Counter Claims 260 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): No [Prop] Order attached. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) (Entered: 08/02/2021) (1) |
| Aug 2, 2021 | 266 | ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT by Judge Fernando L. Aenlle-Rocha: The Court hereby orders that Defendants' Kevin Xia and Everydaysports Outdoor Corp., Memorandum of Points and Authorities in Support of Motion for Summary Judgment as to Claims of Plaintiffs' Brian Horowitz and Creative Outdoor Distributors USA, Inc. (Dkt. 262 ), and Defendants' Kevin Xia and Everydaysports Outdoor Corp., Statement of Uncontroverted Facts (Dkt. 263 ) are stricken for failure to comply with Local Rules 6-1 and 7-4. as indicated: lacks written notice of motion. In addition, Defendants/Counterclaimants Yishun Chen and Zhaosheng Chen's Joinder to Defendant/Cross Claimants Kevin Kevin Xia and Everydaysports Outdoor Corporation dba Wonderfold Outdoors's Motion for Summary Judgment (Dkt. 264 ) is STRICKEN. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) (Entered: 08/02/2021) (0) |
| Aug 2, 2021 | 267 | NOTICE OF MOTION AND MOTION for Summary Judgment as to As to Claims of Plaintiffs Brian Horowitz and Creative Outdoor Distributors USA, Inc. filed by Defendants and Counterclaimants Everydaysports Outdoor Corporation, Kevin Xia. Motion set for hearing on 9/3/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Wang, Gary) (Entered: 08/02/2021) (4) |
| Aug 2, 2021 | 268 | MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to As to Claims of Plaintiffs Brian Horowitz and Creative Outdoor Distributors USA, Inc. 267 filed by Defendants Everydaysports Outdoor Corporation, Kevin Xia, Cross Claimants Everydaysports Outdoor Corporation, Kevin Xia. (Attachments: # 1 Appendix Appendix of Exhibits, # 2 Exhibit Exh A, # 3 Exhibit Exh B, # 4 Exhibit Exh C, # 5 Exhibit Exh D, # 6 Exhibit Exh E, # 7 Exhibit Exh F, # 8 Exhibit Exh G, # 9 Exhibit Exh H, # 10 Declaration Decl of Wang, # 11 Declaration Decl of Xia, # 12 Proposed Order Proposed Judgment, # 13 Uncontroverted Facts)(Wang, Gary) (Entered: 08/02/2021) (0) |
| Aug 2, 2021 | 269 | JOINDER in NOTICE OF MOTION AND MOTION for Summary Judgment as to As to Claims of Plaintiffs Brian Horowitz and Creative Outdoor Distributors USA, Inc. 267 filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 08/02/2021) (3) |
| Aug 2, 2021 | 270 | NOTICE OF LODGING filed Proposed Order re NOTICE OF MOTION AND MOTION for Summary Judgment as to Fourth Amended Complaint and Chens' Second Amended Counter Claims 260 (Lin, David) (Entered: 08/02/2021) (3) |
| Jul 30, 2021 | 262 | [STRICKEN REFER TO DOCKET ENTRY NUMBER 266] NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Claims of Plaintiffs Brian Horowitz and Creative Outdoor Distributors USA, Inc. filed by Defendants and Counterclaimants Everydaysports Outdoor Corporation, Kevin Xia. Motion set for hearing on 9/3/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: # 1 Declaration Decl of Wang, # 2 Declaration Decl of Xia, # 3 Appendix Appendix of Exhibits, # 4 Exhibit Exh A, # 5 Exhibit Exh B, # 6 Exhibit Exh C, # 7 Exhibit Exh D, # 8 Exhibit Exh E, # 9 Exhibit Exh F, # 10 Exhibit Exh G, # 11 Exhibit Exh H, # 12 Proposed Order Proposed Judgment) (Wang, Gary) Modified on 8/2/2021 (vv). (Entered: 07/30/2021) (0) |
| Jul 30, 2021 | 263 | [STRICKEN REFER TO DOCKET ENTRY NUMBER 266] EXHIBIT Uncontroverted Facts to NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Claims of Plaintiffs Brian Horowitz and Creative Outdoor Distributors USA, Inc. 262 filed by Defendants Everydaysports Outdoor Corporation, Kevin Xia, Cross Claimants Everydaysports Outdoor Corporation, Kevin Xia. (Wang, Gary) Modified on 8/2/2021 (vv). (Entered: 07/30/2021) (9) |
| Jul 30, 2021 | 264 | [STRICKEN REFER TO DOCKET ENTRY NUMBER 266] JOINDER in NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Claims of Plaintiffs Brian Horowitz and Creative Outdoor Distributors USA, Inc. 262 filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) Modified on 8/2/2021 (vv). (Entered: 07/30/2021) (3) |
| Jul 29, 2021 | 260 | NOTICE OF MOTION AND MOTION for Summary Judgment as to Fourth Amended Complaint and Chens' Second Amended Counter Claims filed by Defendants/Counter Claimants Yishun Chen, Zhaosheng Chen. Motion set for hearing on 9/3/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: # 1 Declaration Decl of David Lin In Support of Chens' MSJ, # 2 Declaration Decl of Yishun Chen In Support of Chens' MSJ, # 3 Declaration Decl of Zhaosheng Chen In Support of Chens' MSJ, # 4 Appendix APPENDIX OF EXHIBITS IN SUPPORT OF CHENS' MSJ, # 5 Exhibit Exhibits A-O In Support of Chens' MSJ.) (Lin, David) (Entered: 07/29/2021) (0) |
| Jul 29, 2021 | 261 | STATEMENT of Uncontroverted Facts in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Fourth Amended Complaint and Chens' Second Amended Counter Claims 260 filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 07/29/2021) (12) |
| Jul 26, 2021 | 259 | TEXT ENTRY (IN CHAMBERS) ORDER TAKING CROSS-DEFENDANTS' MOTION FOR SUMMARY JUDGMENT 230 UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The Court finds that Cross-Defendants' Motion for Summary Judgment currently scheduled for hearing on July 30, 2021, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) (Entered: 07/26/2021) (0) |
| Jul 23, 2021 | 256 | REPORT of Defendants CHENS' Further Expert Rebuttal Report Disclosures filed by Defendants Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Exhibit, # 2 Exhibit)(Lin, David) (Entered: 07/23/2021) (0) |
| Jul 23, 2021 | 257 | DISCLOSURE of Expert Rebuttal Reports to Plaintiffs' Expert Reports filed by Defendants Everydaysports Outdoor Corporation, Kevin Xia, Cross Claimants Everydaysports Outdoor Corporation, Kevin Xia (Attachments: # 1 Exhibit Exh A, # 2 Exhibit Exh B)(Wang, Gary) (Entered: 07/23/2021) (0) |
| Jul 23, 2021 | 258 | DISCLOSURE of Rebuttal Expert Witness Information filed by Cross Defendants Caliber Legal, P.C., Yue Zhang (Attachments: # 1 Exhibit - Report and Declaration of Daniel Cislo, # 2 Appendix)(Sohal, Vikram) (Entered: 07/23/2021) (0) |
| Jul 19, 2021 | 253 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Plaintiff's Miscellaneous Document, 246 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: memorandum in opposition. event cited above for opposition to a filed statement of uncontroverted facts ( had it been submitted as an attachment to the summary judgment motion, the correct event would be "motion related document". Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) (Entered: 07/19/2021) (2) |
| Jul 19, 2021 | 254 | Notice of Withdrawal of Declaration 245 , Miscellaneous Document, 246 , Objection/Opposition (Motion related),, 244 filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Goe, Robert) (Entered: 07/19/2021) (5) |
| Jul 19, 2021 | 255 | Notice of Withdrawal of Declaration 245 , Miscellaneous Document, 246 , Objection/Opposition (Motion related),, 244 filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 07/19/2021) (5) |
| Jul 17, 2021 | 250 | DECLARATION of Vikram Sohal [SUPPLEMENTAL] in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Crossclaims of Cross-Complainants Yishun Chen, Zhaosheng Chen, Kevin Xia, and Everydaysports Outdoor Corporation 230 filed by Cross Defendants Caliber Legal, P.C., Yue Zhang. (Sohal, Vikram) (Entered: 07/17/2021) (30) |
| Jul 17, 2021 | 251 | EVIDENTIARY OBJECTIONS in support of re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Crossclaims of Cross-Complainants Yishun Chen, Zhaosheng Chen, Kevin Xia, and Everydaysports Outdoor Corporation 230 filed by Cross Defendants Caliber Legal, P.C., Yue Zhang. (Attachments: # 1 Proposed Order)(Sohal, Vikram) (Entered: 07/17/2021) (0) |
| Jul 17, 2021 | 252 | RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Summary Judgment as to Crossclaims of Cross-Complainants Yishun Chen, Zhaosheng Chen, Kevin Xia, and Everydaysports Outdoor Corporation 230 [CROSS-DEFENDANTS' RESPONSE TO XIA'S STATEMENT OF GENUINE DISPUTES OF MATERIAL FACTS] filed by Cross Defendants Caliber Legal, P.C., Yue Zhang. (Sohal, Vikram) (Entered: 07/17/2021) (27) |
| Jul 16, 2021 | 244 | Plaintiffs Brian Horowitz and Creative Outdoor Distributors USA, Inc.'s Opposition to Cross-Defendants Yue Zhang and Caliber Legal's Motion for Summary Judgment with Proof of Service Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Crossclaims of Cross-Complainants Yishun Chen, Zhaosheng Chen, Kevin Xia, and Everydaysports Outdoor Corporation 230 filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 07/16/2021) (11) |
| Jul 16, 2021 | 245 | DECLARATION of Brian Horowitz re Objection/Opposition (Motion related),, 244 filed by Counter Defendant Brian Horowitz, Plaintiff Brian Horowitz. (Forsythe, Marc) (Entered: 07/16/2021) (11) |
| Jul 16, 2021 | 246 | Plaintiffs Brian Horowitz and Creative Outdoor Distributors USA, INC.'s Opposition to Statement of Uncontroverted Facts in Support of Cross-Defendants' Motion for Summary Judgment on the Crossclaims of Yishun Chen, Zhaosheng Chen, Kevin Xia and Everydaysports Outdoor Corporation with Proof of Service re: Statement (Motion related), 232 (Forsythe, Marc) (Entered: 07/16/2021) (30) |
| Jul 16, 2021 | 247 | REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Crossclaims of Cross-Complainants Yishun Chen, Zhaosheng Chen, Kevin Xia, and Everydaysports Outdoor Corporation 230 filed by Cross Defendants Caliber Legal, P.C., Yue Zhang. (Sohal, Vikram) (Entered: 07/16/2021) (8) |
| Jul 16, 2021 | 248 | RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Summary Judgment as to Crossclaims of Cross-Complainants Yishun Chen, Zhaosheng Chen, Kevin Xia, and Everydaysports Outdoor Corporation 230 filed by Cross Defendants Caliber Legal, P.C., Yue Zhang. (Sohal, Vikram) (Entered: 07/16/2021) (30) |
| Jul 16, 2021 | 249 | RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Summary Judgment as to Crossclaims of Cross-Complainants Yishun Chen, Zhaosheng Chen, Kevin Xia, and Everydaysports Outdoor Corporation 230 [RESPONSE TO EVIDENTIARY OBJECTIONS] filed by Cross Defendants Caliber Legal, P.C., Yue Zhang. (Sohal, Vikram) (Entered: 07/17/2021) (9) |
| Jul 9, 2021 | 240 | Opposition in opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Crossclaims of Cross-Complainants Yishun Chen, Zhaosheng Chen, Kevin Xia, and Everydaysports Outdoor Corporation 230 filed by Defendants Everydaysports Outdoor Corporation, Kevin Xia, Cross Claimants Everydaysports Outdoor Corporation, Kevin Xia. (Attachments: # 1 Declaration Decl of Xia, # 2 Statement of Genuine Disputes, # 3 Evidentiary Objections, # 4 Proposed Order)(Wang, Gary) (Entered: 07/09/2021) (0) |
| Jul 9, 2021 | 241 | Witness List filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz.. (Forsythe, Marc) (Entered: 07/09/2021) (6) |
| Jul 9, 2021 | 242 | REPORT of Chens' Expert designation/Disclosure Report filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 07/09/2021) (30) |
| Jul 9, 2021 | 243 | DISCLOSURE Expert Witnesses filed by Defendants Everydaysports Outdoor Corporation, Kevin Xia, Cross Claimants Everydaysports Outdoor Corporation, Kevin Xia (Attachments: # 1 Thomas Neches Report, # 2 Ben Kuo Report, # 3 Michael Chen Report)(Wang, Gary) (Entered: 07/09/2021) (0) |
| Jul 8, 2021 | 238 | OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Crossclaims of Cross-Complainants Yishun Chen, Zhaosheng Chen, Kevin Xia, and Everydaysports Outdoor Corporation 230 filed by Counter Claimants Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Declaration Decl of Yishun Chen In Support of Chens' Oppo to MSJ, # 2 Declaration Decl of Zhaosheng Chen In Support of Chens' Oppo to MSJ)(Lin, David) (Entered: 07/08/2021) (0) |
| Jul 8, 2021 | 239 | Opposition To Statement of Uncontroverted Facts In Support of Oppo to re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Crossclaims of Cross-Complainants Yishun Chen, Zhaosheng Chen, Kevin Xia, and Everydaysports Outdoor Corporation 230 filed by Counter Claimants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 07/08/2021) (30) |
| Jul 1, 2021 | 237 | NOTICE filed by Plaintiff & Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. Amended Certification and Notice of Interested Parties with Proof of Service (Forsythe, Marc) (Entered: 07/01/2021) (3) |
| Jun 26, 2021 | 234 | DECLARATION of Vikram Sohal in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Crossclaims of Cross-Complainants Yishun Chen, Zhaosheng Chen, Kevin Xia, and Everydaysports Outdoor Corporation 230 filed by Cross Defendants Caliber Legal, P.C., Yue Zhang. (Sohal, Vikram) (Entered: 06/26/2021) (4) |
| Jun 26, 2021 | 235 | EXHIBIT 1-23 to NOTICE OF MOTION AND MOTION for Summary Judgment as to Crossclaims of Cross-Complainants Yishun Chen, Zhaosheng Chen, Kevin Xia, and Everydaysports Outdoor Corporation 230 filed by Cross Defendants Caliber Legal, P.C., Yue Zhang. (Attachments: # 1 Exhibit 1-13, # 2 Exhibit 14-23)(Sohal, Vikram) (Entered: 06/26/2021) (0) |
| Jun 26, 2021 | 236 | NOTICE of Errata re [Proposed] Judgment in Support of Cross-Defendants' Motion for Summary Judgment filed by Cross-Defendants Caliber Legal, P.C., Yue Zhang. (Attachments: # 1 Proposed Order)(Sohal, Vikram) (Entered: 06/26/2021) (0) |
| Jun 25, 2021 | 230 | NOTICE OF MOTION AND MOTION for Summary Judgment as to Crossclaims of Cross-Complainants Yishun Chen, Zhaosheng Chen, Kevin Xia, and Everydaysports Outdoor Corporation filed by Cross-Defendants Caliber Legal, P.C., Yue Zhang. Motion set for hearing on 7/30/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Sohal, Vikram) (Entered: 06/25/2021) (4) |
| Jun 25, 2021 | 231 | MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Crossclaims of Cross-Complainants Yishun Chen, Zhaosheng Chen, Kevin Xia, and Everydaysports Outdoor Corporation 230 filed by Cross Defendants Caliber Legal, P.C., Yue Zhang. (Sohal, Vikram) (Entered: 06/25/2021) (26) |
| Jun 25, 2021 | 232 | STATEMENT of UNCONTROVERTED FACTS IN SUPPORT OF NOTICE OF MOTION AND MOTION for Summary Judgment as to Crossclaims of Cross-Complainants Yishun Chen, Zhaosheng Chen, Kevin Xia, and Everydaysports Outdoor Corporation 230 filed by Cross Defendants Caliber Legal, P.C., Yue Zhang. (Sohal, Vikram) (Entered: 06/25/2021) (30) |
| Jun 25, 2021 | 233 | DECLARATION of Yue "Alan" Zhang in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Crossclaims of Cross-Complainants Yishun Chen, Zhaosheng Chen, Kevin Xia, and Everydaysports Outdoor Corporation 230 filed by Cross Defendants Caliber Legal, P.C., Yue Zhang. (Sohal, Vikram) (Entered: 06/25/2021) (9) |
| May 10, 2021 | 229 | ORDER GRANTING IN PART CROSS-DEFENDANTS' EX PARTE APPLICATION REQUESTING MODIFICATION OF THE COURTS SCHEDULING ORDER 223 by Judge Fernando L. Aenlle-Rocha: Final Pretrial Conference set for 10/29/2021 03:00 PM ; Jury Trial set for 11/9/2021 08:30 AM. Trial Filings (First Round) : 10/1/2021; Trial Filings (Second Round): 10/15/2021); (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc) (Entered: 05/10/2021) (4) |
| Apr 29, 2021 | 226 | MEMORANDUM in Opposition to First EX PARTE APPLICATION to Continue Trial Date and Pretrial Dates and Deadlines from July 13, 2021 to October 12, 2021 223 with proof of service filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 04/29/2021) (13) |
| Apr 29, 2021 | 227 | STATUS REPORT with proof of service filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 04/29/2021) (22) |
| Apr 29, 2021 | 228 | REPLY in support of First EX PARTE APPLICATION to Continue Trial Date and Pretrial Dates and Deadlines from July 13, 2021 to October 12, 2021 223 filed by Cross Defendants Caliber Legal, P.C., Yue Zhang. (Sohal, Vikram) (Entered: 04/29/2021) (6) |
| Apr 27, 2021 | 225 | JOINDER in First EX PARTE APPLICATION to Continue Trial Date and Pretrial Dates and Deadlines from July 13, 2021 to October 12, 2021 223 filed by Defendants Everydaysports Outdoor Corporation, Kevin Xia, Cross Claimants Everydaysports Outdoor Corporation, Kevin Xia. (Wang, Gary) (Entered: 04/27/2021) (4) |
| Apr 23, 2021 | 223 | First EX PARTE APPLICATION to Continue Trial Date and Pretrial Dates and Deadlines from July 13, 2021 to October 12, 2021 filed by Cross-Defendants Caliber Legal, P.C., Yue Zhang. (Attachments: # 1 Declaration of Vikram Sohal, # 2 Exhibit (Compendium of Exhibits), # 3 Proposed Order) (Sohal, Vikram) (Entered: 04/23/2021) (0) |
| Apr 23, 2021 | 224 | JOINDER in First EX PARTE APPLICATION to Continue Trial Date and Pretrial Dates and Deadlines from July 13, 2021 to October 12, 2021 223 filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Declaration)(Lin, David) (Entered: 04/23/2021) (0) |
| Mar 22, 2021 | 221 | TEXT ENTRY (IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: The court orders the parties to file a Joint Status Report on or before April 30, 2021 that details the status of the case; identifies the parties, claims, and crossclaims remaining at issue; and provides a summary of each partys position. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) (Entered: 03/22/2021) (0) |
| Mar 22, 2021 | 222 | ORDER RE: SCHEDULE OF PRETRIAL AND TRIAL DATES, TRIAL REQUIREMENTS, AND CONDUCT OF ATTORNEYS AND PARTIES by Judge Fernando L. Aenlle-Rocha: Final Pretrial Conference set for 7/2/2021 03:00 PM ; Motion in Limine set for hearing on 7/2/2021 at 03:00 PM; Jury Trial set for 7/13/2021 08:30 AM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc) (Entered: 03/22/2021) (18) |
| Feb 24, 2021 | 219 | INITIAL STANDING ORDER by Judge Fernando L. Aenlle-Rocha. (rrey) (Entered: 02/24/2021) (18) |
| Dec 29, 2020 | 218 | ORDER OF THE CHIEF JUDGE (#OCJ 20-202) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Fernando L. Aenlle-Rocha, this case is transferred from Judge Cormac J. Carney to the calendar of Judge Fernando L. Aenlle-Rocha for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:17-cv-00432-FLA-DFMx. (aco) (Entered: 12/30/2020) (2) |
| Oct 14, 2020 | 220 | MINUTES OF Settlement Conference held before Magistrate Judge Douglas F. McCormick: The parties were unable to reach an agreement. Court Recorder: Not Recorded. (nbo) (Entered: 03/12/2021) (1) |
| Aug 25, 2020 | 217 | MINUTES OF Status Conference held before Judge Cormac J. Carney: The Court and counsel confer regarding trial dates. The Court refers the parties to mediation before Magistrate Judge Douglas F. McCormick. Court Reporter: Debbie Hino-Spaan (telephonic). (twdb) (Entered: 08/28/2020) (1) |
| Aug 21, 2020 | 216 | (IN CHAMBERS) SCHEDULING ORDER by Judge Cormac J. Carney: On the Court's own motion, a Telephonic Status Conference is set for 8/25/2020 at 11:00 a.m. The Courtroom deputy shall email call-in instructions prior to the hearing.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY (Entered: 08/21/2020) (0) |
| Jul 27, 2020 | 215 | NOTICE filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. Plaintiffs' Mediation Outcome Notice with Proof of Service (Forsythe, Marc) (Entered: 07/27/2020) (5) |
| Jul 21, 2020 | 214 | NOTICE of Change of other firm name or address information by Marc C Forsythe attorney for Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. Changing Email. Filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 07/21/2020) (4) |
| Jul 10, 2020 | 213 | TEXT ONLY ENTRY: NOTICE TO PARTIES by District Judge Cormac J. Carney. Effective July 13, 2020, Judge Cormac J. Carney will be located in the Ronald Reagan Federal Building and U.S. Courthouse, Courtroom 9B, on the 9th floor, located at 411 W. 4th Street, Santa Ana, California 92701-4516. All Court appearances shall be made in Courtroom 9B of the Ronald Reagan Federal Buiding and U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located on the 9th Floor of the Ronald Reagan Federal Building and U.S. Courthouse. Judge Carneys Courtroom Deputy Clerk, may be reached at CJC_Chambers@cacd.uscourts.gov. The location for filing civil and/or criminal documents in paper format exempted from electronic filing is at the Clerks Office, Ronald Reagan Federal Building and U.S. Courthouse, located at 411 W. 4th Street, Santa Ana, California 92701-4516. Documents under this exemption may also be filed in the Los Angeles or Riverside courthouses. Please refer to Judge Carneys Procedures and Schedules Page on the Courts website **UPDATED AS OF JULY 9, 2020** for updated procedures regarding mandatory chambers copies. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY (Entered: 07/10/2020) (0) |
| May 20, 2020 | 212 | ORDER DENYING MOTION TO SEVER 203 by Judge Cormac J. Carney. The Court declines to sever the legal malpractice crossclaims from the remainder of this action. Zhang's motion to sever is DENIED. (iv) (Entered: 05/20/2020) (7) |
| May 18, 2020 | 210 | NOTICE of Change of Attorney Business or Contact Information: for attorney David S Lin counsel for Defendant Yishun Chen. Changing E-MAIL to DSL.DLINLAW@YAHOO.COM. Filed by Defendant Yishun Chen. (Lin, David) (Entered: 05/18/2020) (2) |
| May 18, 2020 | 211 | REPLY in support of NOTICE OF MOTION AND MOTION to Sever or Bifurcate the Crossclaims and to Stay the Crossclaims Pending Resolution of the Main Patent Case 202 filed by Cross Defendants Caliber Legal, P.C., Yue Zhang. (Sohal, Vikram) (Entered: 05/18/2020) (7) |
| May 15, 2020 | 209 | ORDER APPROVING JOINT STIPULATION OF THE PARTIES TO CONTINUE THE PRESENT MEDIATION DEADLINE TO JULY 31, 2020 208 by Judge Cormac J. Carney. The deadline for the Parties to mediate this case is hereby continued to July 31, 2020. (iv) (Entered: 05/15/2020) (2) |
| May 14, 2020 | 208 | STIPULATION to Continue Mediation from May 31, 2020 to July 31, 2020 filed by Plaintiff Creative Outdoor Distributors USA Inc., Brian Horowitz.(Forsythe, Marc) (Entered: 05/14/2020) (11) |
| May 13, 2020 | 207 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation 206 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. See Local Rule 5-4.4.1- Electronic Lodging of Proposed Orders. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv) (Entered: 05/13/2020) (2) |
| May 12, 2020 | 206 | STIPULATION to Continue Mediation from May 31, 2020 to July 31, 2020 filed by Plaintiff & Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz.(Forsythe, Marc) (Entered: 05/12/2020) (8) |
| May 11, 2020 | 204 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Sever or Bifurcate the Crossclaims and to Stay the Crossclaims Pending Resolution of the Main Patent Case 202 filed by Defendants Everydaysports Outdoor Corporation, Kevin Xia, Cross Claimants Everydaysports Outdoor Corporation, Kevin Xia. (Wang, Gary) (Entered: 05/11/2020) (13) |
| May 11, 2020 | 205 | Joinder to Opposition re: NOTICE OF MOTION AND MOTION to Sever or Bifurcate the Crossclaims and to Stay the Crossclaims Pending Resolution of the Main Patent Case 202 filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 05/11/2020) (2) |
| May 1, 2020 | 202 | NOTICE OF MOTION AND MOTION to Sever or Bifurcate the Crossclaims and to Stay the Crossclaims Pending Resolution of the Main Patent Case filed by Cross-Defendants Caliber Legal, P.C., Yue Zhang. Motion set for hearing on 6/1/2020 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Sohal, Vikram) (Entered: 05/01/2020) (0) |
| May 1, 2020 | 203 | REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Sever or Bifurcate the Crossclaims and to Stay the Crossclaims Pending Resolution of the Main Patent Case 202 filed by Cross Defendants Caliber Legal, P.C., Yue Zhang. (Sohal, Vikram) (Entered: 05/01/2020) (30) |
| Mar 24, 2020 | 201 | MINUTES (IN CHAMBERS) ORDER REGARDING THE CURRENT SCHEDULING ORDER AND SETTLEMENT by Judge Cormac J. Carney. The Court VACATES the September 19, 2019 scheduling order and DIRECTS the parties to participate in a settlement conference before the end of May in front of an agreed upon Mediator or the assigned Magistrate Judge. Counsel are further DIRECTED to notify the Court of the settlement conference's outcome within three days of its conclusion. (iv) (Entered: 03/24/2020) (2) |
| Mar 23, 2020 | 200 | STIPULATION to Vacate THE TRIAL AND PRETRIAL DATES AND TO SCHEDULE A SCHEDULING CONFERENCE ON OR AFTER MAY 4, 2020 filed by Cross-Defendants Caliber Legal, P.C., Yue Zhang. (Attachments: # 1 Proposed Order)(Sohal, Vikram) (Entered: 03/23/2020) (0) |
| Mar 17, 2020 | 198 | ANSWER to Amended Counterclaim, 179 with JURY DEMAND filed by Cross-Defendants Caliber Legal, P.C., Yue Zhang.(Sohal, Vikram) (Entered: 03/17/2020) (11) |
| Mar 17, 2020 | 199 | ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Crossclaim, 180 with JURY DEMAND filed by Cross-Defendants Caliber Legal, P.C., Yue Zhang.(Sohal, Vikram) (Entered: 03/17/2020) (11) |
| Mar 3, 2020 | 197 | ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS CROSSCLAIMS 188 189 by Judge Cormac J. Carney. The Zhang's motions to dismiss the Chens' and the Xia Parties crossclaims are GRANTED IN PART AND DENIED IN PART. The motions to dismiss the indemnification claims are GRANTED and those claims are DISMISSED WITHOUT PREJUDICE. The motions to dismiss the negligence claims are DENIED. (iv) (Entered: 03/04/2020) (10) |
| Feb 10, 2020 | 194 | REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss COUNTERCLAIMS OF ZHAOSHENG CHEN AND YISHUN CHEN 188 filed by Cross Defendants Caliber Legal, P.C., Yue Zhang. (Sohal, Vikram) (Entered: 02/10/2020) (8) |
| Feb 10, 2020 | 195 | REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss COUNTERCLAIMS OF KEVIN XIA AND EVERYDAYSPORTS OUTDOOR CORPORATION 189 filed by Cross Defendants Caliber Legal, P.C., Yue Zhang. (Sohal, Vikram) (Entered: 02/10/2020) (8) |
| Feb 10, 2020 | 196 | MINUTE ORDER (IN CHAMBERS) ORDER RESETTING HEARING by Judge Cormac J. Carney. In light of the transfer of this action to the calendar of the Honorable Cormac J. Carney, the Court, on its own motion, hereby RESETS Counter-Defendants Caliber Legal, P.C.'s Motion to Dismiss Counterclaims of Zhaosheng Chen and Yishun Chen 188 and Motion to Dismiss Counterclaims of Kevin Xia and Everydaysports Outdoor Corporation 189 to Monday, 3/9/2020 at 1:30 p.m. in Courtroom 7C before District Judge Cormac J. Carney. (et) (Entered: 02/11/2020) (1) |
| Feb 5, 2020 | 193 | ORDER OF THE CHIEF JUDGE (#20-012) approved by Judge Virginia A. Phillips. It is Ordered, with the concurrence of the Case Management and Assignment Committee, that the following case be reassigned from the calendar of Judge Andrew J. Guilford, to the calendar of Judge Cormac J. Carney for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:17-cv-00432-CJC-DFMx. (dv) (Entered: 02/05/2020) (1) |
| Feb 3, 2020 | 191 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss COUNTERCLAIMS OF KEVIN XIA AND EVERYDAYSPORTS OUTDOOR CORPORATION 189 filed by Defendants Everydaysports Outdoor Corporation, Kevin Xia, Cross Claimants Everydaysports Outdoor Corporation, Kevin Xia. (Wang, Gary) (Entered: 02/03/2020) (10) |
| Feb 3, 2020 | 192 | OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss COUNTERCLAIMS OF ZHAOSHENG CHEN AND YISHUN CHEN 188 filed by Counter Claimants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 02/03/2020) (22) |
| Jan 14, 2020 | 190 | REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss COUNTERCLAIMS OF KEVIN XIA AND EVERYDAYSPORTS OUTDOOR CORPORATION 189 , NOTICE OF MOTION AND MOTION to Dismiss COUNTERCLAIMS OF ZHAOSHENG CHEN AND YISHUN CHEN 188 filed by Cross Defendant Caliber Legal, P.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Sohal, Vikram) (Entered: 01/14/2020) (0) |
| Jan 13, 2020 | 188 | NOTICE OF MOTION AND MOTION to Dismiss COUNTERCLAIMS OF ZHAOSHENG CHEN AND YISHUN CHEN filed by Counter-Defendants Caliber Legal, P.C.. Motion set for hearing on 2/24/2020 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order) (Sohal, Vikram) (Entered: 01/13/2020) (0) |
| Jan 13, 2020 | 189 | NOTICE OF MOTION AND MOTION to Dismiss COUNTERCLAIMS OF KEVIN XIA AND EVERYDAYSPORTS OUTDOOR CORPORATION filed by Counter-Defendants Caliber Legal, P.C.. Motion set for hearing on 2/24/2020 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order) (Sohal, Vikram) (Entered: 01/13/2020) (0) |
| Jan 2, 2020 | 184 | STIPULATION for Extension of Time to File RESPONSE TO THE COUNTERCLAIMS OF ZHAOSHENG CHEN AND YISHUN CHEN filed by Counter-Defendants Caliber Legal, P.C., Yue Zhang. (Attachments: # 1 Proposed Order)(Sohal, Vikram) (Entered: 01/02/2020) (0) |
| Jan 2, 2020 | 185 | STIPULATION for Extension of Time to File RESPONSE TO THE COUNTERCLAIMS OF KEVIN XIA AND EVERYDAYSPORTS OUTDOOR CORPORATION filed by Counter-Defendants Caliber Legal, P.C., Yue Zhang. (Attachments: # 1 Proposed Order)(Sohal, Vikram) (Entered: 01/02/2020) (0) |
| Jan 2, 2020 | 186 | ORDER RE: STIPULATION FOR A ONE-WEEK EXTENSION OF TIME FOR COUNTER-DEFENDANTS YUE ZHANG AND CALIBER LEGAL, P.C. TO RESPOND TO THE COUNTERCLAIMS OF KEVIN XIA AND EVERYDAYSPORTS OUTDOOR CORPORATION 185 by Judge Andrew J. Guilford. Accordingly, the Court hereby ORDERS that the time for Counter-Defendants to respond to Counterclaimants' Counterclaims (Doc. No. 180) is extended for a period of one (1) week from January 6, 2020 to January 13, 2020. (es) (Entered: 01/02/2020) (2) |
| Jan 2, 2020 | 187 | ORDER RE: STIPULATION FOR A ONE-WEEK EXTENSION OF TIME FOR COUNTER-DEFENDANTS YUE ZHANG AND CALIBER LEGAL, P.C. TO RESPOND TO THE COUNTERCLAIMS OF ZHAOSHENG CHEN AND YISHUN CHEN 184 by Judge Andrew J. Guilford. Accordingly, the Court hereby ORDERS that the time for Counter-Defendants to respond to Counterclaimants' Counterclaims (Doc. No. 179) is extended for a period of one (1) week from January 6, 2020 to January 13, 2020. (es) (Entered: 01/02/2020) (2) |
| Dec 30, 2019 | 183 | ANSWER to Amended Counterclaim, 179 Plaintiff/Counter-Defendants Brian Horowitz and Creative Outdoor Distributors USA, Inc.'s Answer to Defendants Yishun Chen and Zhaosheng Chen's Second Amended Counterclaim with Proof of Service filed by Plaintiff & Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz.(Forsythe, Marc) (Entered: 12/30/2019) (20) |
| Dec 19, 2019 | 182 | (IN CHAMBERS) ORDER REGARDING MOTION TO DISMISS HEARING by Judge Andrew J. Guilford: On November 22, 2019, Defendants Caliber Legal, P.C. and Yue Zhang filed a motion to dismiss. (Dkt. No. 175.) Plaintiffs did not file an opposition to the motion and instead filed a notice of dismissal, dismissing the moving Defendants from the lawsuit. (Dkt. No. 181.) Consequently, the motion to dismiss is moot. The Court VACATES the January 6, 2020 hearing on the motion to dismiss. (Dkt. No. 175.) (es) (Entered: 12/19/2019) (1) |
| Dec 18, 2019 | 181 | NOTICE OF DISMISSAL filed by Plaintiff Brian Horowitz, Creative Outdoor Distributors USA Inc. pursuant to FRCP 41a(1) Notice of Dismissal Pursuant to Federal Rules of Civil Procedure 41(a) or (c) with Proof of Service as to Caliber Legal, P.C., Yue Zhang. (Forsythe, Marc) (Entered: 12/18/2019) (3) |
| Dec 16, 2019 | 178 | ANSWER to Amended Complaint/Petition, 166 with JURY DEMAND filed by Defendant/Counter Claimant Yishun Chen, Zhaosheng Chen.(Lin, David) (Entered: 12/16/2019) (30) |
| Dec 16, 2019 | 179 | COUNTERCLAIM against Counter-Defendant Caliber Legal, P.C., Creative Outdoor Distributors USA Inc., Brian Horowitz, Yue Zhang amending Amended Complaint/Petition, 166 ; JURY DEMAND, filed by Defendant/Counter Claimant Yishun Chen, Zhaosheng Chen (Attachments: # 1 Exhibit to Second Amended Counterclaim, # 2 Exhibit to Second Amended Counterclaim, # 3 Exhibit to Second Amended Counterclaim, # 4 Exhibit to Second Amended Counterclaim)(Lin, David) (Entered: 12/16/2019) (0) |
| Dec 16, 2019 | 180 | ANSWER to Amended Complaint/Petition, 166 with JURY DEMANDfor the Fourth Amended Complaint, First CROSSCLAIM against Caliber Legal, P.C., Yue Zhang filed by Defendants and Counter-Claimants Kevin Xia, Everydaysports Outdoor Corporation.(Attorney Gary F Wang added to party Everydaysports Outdoor Corporation(pty:dft))(Wang, Gary) (Entered: 12/16/2019) (30) |
| Nov 25, 2019 | 176 | NOTICE OF ERRATA RE: DOCUMENT NO. 175-1 filed by defendants Caliber Legal, P.C.. and Yue Zhang (Attachments: # 1 Exhibit (Table of Authorities))(Sohal, Vikram) (Entered: 11/25/2019) (0) |
| Nov 25, 2019 | 177 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss THE FEDERAL CLAIMS, PURSUANT TO FRCP 12(b)(6), AND TO STRIKE THE STATE LAW CLAIMS, PURSUANT TO CCP 425.16, ASSERTED AGAINST THEM IN THE FOURTH AMENDED COMPLAINT 175 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb) (Entered: 11/25/2019) (1) |
| Nov 22, 2019 | 174 | NOTICE OF LIEN filed by Creditor QVC, Inc.. (Painter, Douglas) (Entered: 11/22/2019) (1) |
| Nov 22, 2019 | 175 | NOTICE OF MOTION AND MOTION to Dismiss THE FEDERAL CLAIMS, PURSUANT TO FRCP 12(b)(6), AND TO STRIKE THE STATE LAW CLAIMS, PURSUANT TO CCP 425.16, ASSERTED AGAINST THEM IN THE FOURTH AMENDED COMPLAINT filed by defendants Caliber Legal, P.C., Yue Zhang. Motion set for hearing on 1/6/2020 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # 1 Memorandum of Points and Authorities) (Sohal, Vikram) (Entered: 11/22/2019) (0) |
| Nov 14, 2019 | 173 | STIPULATION Extending Time to Answer the complaint as to Yue Zhang answer now due 11/22/2019; Caliber Legal, P.C. answer now due 11/22/2019, re Amended Complaint/Petition, 166 filed by defendants Yue Zhang; Caliber Legal, P.C..(Attorney Vikram Sohal added to party Caliber Legal, P.C.(pty:dft), Attorney Vikram Sohal added to party Yue Zhang(pty:dft))(Sohal, Vikram) (Entered: 11/14/2019) (3) |
| Oct 7, 2019 | 170 | 21 DAY Summons Issued re Amended Complaint/Petition, 166 as to Defendant Caliber Legal, P.C.. (es) (Entered: 10/07/2019) (2) |
| Oct 7, 2019 | 171 | 21 DAY Summons Issued re Amended Complaint/Petition, 166 as to Defendant Yue Zhang. (es) (Entered: 10/07/2019) (2) |
| Oct 7, 2019 | 172 | 21 DAY Summons Issued re Amended Complaint/Petition, 166 as to Defendant Everydaysports Outdoor Corporation. (es) (Entered: 10/07/2019) (2) |
| Oct 4, 2019 | 166 | FOURTHE AMENDED COMPLAINT against Defendants Yishun Chen, Zhaosheng Chen, Kevin Xia, Yue Zhang amending Amended Complaint/Petition,, 135 , filed by Plaintiffs Brian Horowitz, Creative Outdoor Distributors USA Inc. (Attachments: # 1 Exhibit 1-4, # 2 Exhibit 5-8, # 3 Exhibit 9-11, # 4 Exhibit 12-15)(Forsythe, Marc) (Entered: 10/04/2019) (0) |
| Oct 4, 2019 | 167 | Request for Clerk to Issue Summons on Amended Complaint/Petition, 166 filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 10/04/2019) (2) |
| Oct 4, 2019 | 168 | Request for Clerk to Issue Summons on Amended Complaint/Petition, 166 filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 10/04/2019) (2) |
| Oct 4, 2019 | 169 | Request for Clerk to Issue Summons on Amended Complaint/Petition, 166 filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 10/04/2019) (2) |
| Sep 19, 2019 | 165 | ORDER GRANTING THE JOINT STIPULATION OF THE PARTIES TO ALLOW FOR THE ADDITION OF TWO NEW DEFENDANT PARTIES, NAMELY EVERYDAYSPORTS OUTDOOR CORP. AND YUE "ALAN" ZHANG INTO THIS ACTION AND TO FURTHER CONTINUE OUT ALL ATTENDANT PRE-TRIAL AND TRIAL DATES CONSISTENT WITH THE PRIOR DATES REFLECTED IN THE JOINT RULE 26(f) REPORT FILED IN THIS ACTION. 164 by Judge Andrew J. Guilford. The Plaintiffs/Counter-Defendants are granted twenty (20) days to file and amend their Third Amended Complaint for the purpose of joining EVERYDAYSPORTS OUTDOORS CORP. and YUE "ALAN" ZHANG as new Defendant parties alleging the facts and their right to relief against the same. All pre-trial dates are further continued as follows: (See document for further information. ) (es) (Entered: 09/19/2019) (3) |
| Sep 16, 2019 | 164 | Joint STIPULATION to Continue All attendant pre-trial and trial dates from 02/18/2020 to 09/30/2020 filed by defendants Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Proposed Order)(Lin, David) (Entered: 09/16/2019) (0) |
| Sep 3, 2019 | 163 | ORDER GRANTING DEFENDANTS/COUNTER CLAIMANTS YISHUN CHEN AND ZHAOSHENG CHEN AND THEIR COUNSELS REQUEST FOR TIME EXTENSION TO PAY MONETARY SANCTIONS AWARD RECENTLY ISSUED BY THE COURT by Magistrate Judge Douglas F. McCormick: granting 162 Request to Extend Time. The time deadline for Defendants/Counter Claimants YISHUN CHEN and ZHAOSHENG CHEN, and their counsel, Mr. David S. Lin to pay the required and ordered monetary sanctions award in the total amount of $25,692.99 is hereby extended by the Court from the present September 5, 2019 time deadline to the new time deadline of September 26, 2019. (sbou) (Entered: 09/04/2019) (2) |
| Aug 30, 2019 | 162 | REQUEST to Extend Time to Pay sanctions Award recently issued by the Court filed by defendants Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Proposed Order)(Lin, David) (Entered: 08/30/2019) (0) |
| Aug 22, 2019 | 161 | Order and Recommendation re: Plaintiffs' Motion for Sanctions (Dkt. 144 ) by Magistrate Judge Douglas F. McCormick. the Court recommends that the motion be GRANTED in PART. IT IS THEREFORE ORDERED that Defendants and their counsel pay to Plaintiffs monetary sanctions of $962.99 in expenses and $24,730 in attorney's fees within fourteen (14) days of the date of this order. (See document for details.) (sbou) (Entered: 08/22/2019) (11) |
| Aug 8, 2019 | 160 | OBJECTIONS to Response, 159 filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 08/08/2019) (2) |
| Aug 7, 2019 | 159 | RESPONSE filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitzto Objection 158 Plaintiffs' Response to Defendants Yishun Chen and Zhaosheng Chen's Objections to Plaintiffs' Proposed Jury Instruction with Proof of Service (Forsythe, Marc) (Entered: 08/07/2019) (30) |
| Aug 1, 2019 | 157 | DECLARATION of David S. Lin re Declaration (Motion related),, 155 , Declaration (Motion related),, 156 In Opposition to declarations of MARK FORSYTHE and DARRELL GIBBY filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 08/01/2019) (10) |
| Aug 1, 2019 | 158 | OBJECTIONS to Jury Instructions (Proposed) 152 filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 08/01/2019) (26) |
| Jul 18, 2019 | 155 | DECLARATION of Darrell W. Gibby ISO Motion NOTICE OF MOTION AND MOTION to Continue Motion for Sanctions from July 9, 2018 to August 20, 2018 Re: Stipulation for Sanctions, 89 103 Declaration of Darrell W. Gibby Regarding Attorney's Fees and Costs for Bringing the Second Motion for Sanctions Against David Lin and Yishun Chen with Proof of Service filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 07/18/2019) (17) |
| Jul 18, 2019 | 156 | DECLARATION of Marc C. Forsythe ISO Motion NOTICE OF MOTION AND MOTION to Continue Motion for Sanctions from July 9, 2018 to August 20, 2018 Re: Stipulation for Sanctions, 89 103 Declaration of Marc C. Forsythe Regarding Attorney's Fees and Costs Charged to Plaintiffs for Bringing the Second Motion for Sanctions Against David Lin and Yishun Chen with Proof of Service filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 07/18/2019) (10) |
| Jul 3, 2019 | 154 | ORDER GRANTING THE STIPULATION OF THE PARTIES RE: EXTENDING OUT THE FILING TIME SCHEDULE FOR DEFENDANT CHENS' SUBMISSION OF COUNTER JURY INSTRUCTIONS AND OBJECTION TO PLAINTIFFS' PROPOSED JURY INSTRUCTIONS ON ISSUE OF IMPROPER COACHING by Magistrate Judge Douglas F. McCormick: re Stipulation for Extension of Time to File 153 . (sbou) (Entered: 07/03/2019) (2) |
| Jun 27, 2019 | 153 | Joint STIPULATION for Extension of Time to File Time to submit counter Jury Instructions filed by defendants Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Proposed Order)(Lin, David) (Entered: 06/27/2019) (0) |
| Jun 26, 2019 | 152 | PROPOSED JURY INSTRUCTIONS filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz.. (Forsythe, Marc) (Entered: 06/26/2019) (5) |
| Jun 18, 2019 | 150 | ORDER EXTENDING OUT THE FILING TIME SCHEDULE RE: PLAINTIFFS' SUBMISSION OF SUPPLEMENTAL DECLARATION(S) IN SUPPORT OF AWARD OF ATTORNEYS FEES AND COSTS ON MOTION FOR MONETARY SANCTIONS AND RE: DEFENDANTS' FILING OF ANY OPPOSITION TO THE SAME. by Magistrate Judge Douglas F. McCormick: re Stipulation for Extension of Time to File, 149 . (sbou) (Entered: 06/18/2019) (2) |
| Jun 17, 2019 | 149 | Joint STIPULATION for Extension of Time to File PLAINTIFFS SUBMISSION OF SUPPLEMENTAL DECLARATION(S) IN SUPPORT OF AWARD OF ATTORNEYS FEES AND COSTS ON MOTION FOR MONETARY SANCTIONS filed by Defendants Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Proposed Order)(Lin, David) (Entered: 06/17/2019) (0) |
| Jun 4, 2019 | 151 | MINUTES OF Motion Hearing held before Magistrate Judge Douglas F. McCormick: Court issues tentative ruling. Counsel argue motion. Court Recorder: CS 06/04/2019. (nbo) (Entered: 06/26/2019) (1) |
| May 28, 2019 | 148 | NOTICE of Manual Filing filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz of USB Flash drive of video depos of Yishun Chen on 11-08-18 and Zhaosheng Chen on 11-09-18. (Forsythe, Marc) (Entered: 05/28/2019) (1) |
| May 23, 2019 | 147 | MINUTE ORDER IN CHAMBERS by Magistrate Judge Douglas F. McCormick Re: Motion for Sanctions 143 144 . Plaintiffs are ORDERED to lodge copies of the video depositions of Yishun Chen (held November 8, 2018) and Zhaosheng Chen (held November 9, 2018) no later than May 28, 2019. Either a CD or USB drive will suffice, as long as the video files are easily accessible and viewable. (nbo) (Entered: 05/23/2019) (1) |
| May 14, 2019 | 146 | SUPPLEMENT Movants' Supplemental Memorandum Pursuant to Local Rule 37-2.3 re Plaintiffs/Counter-Defendants' Motion for Sanctions Against Yishun Chen and David Lin for Improper Coaching and Off-the-Record Conferences During the November 8-9, 2018 Deposition with Proof of Service filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 05/14/2019) (14) |
| May 1, 2019 | 143 | JOINT STIPULATION to NOTICE OF MOTION AND MOTION to Continue Motion for Sanctions from July 9, 2018 to August 20, 2018 Re: Stipulation for Sanctions, 89 103 filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 05/01/2019) (30) |
| May 1, 2019 | 144 | NOTICE Plaintiffs' Notice of Motion for Sanctions Against Yishun Chen and David Lin and to Compe Yishun Chen to Submit to An Additional Deposition with Proof of Service filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. Plaintiffs' Notice of Motion for Sanctions Against Yishun Chen and David Lin with Proof of Service (Forsythe, Marc) (Entered: 05/01/2019) (5) |
| May 1, 2019 | 145 | DECLARATION of David S. Lin re Joint Stipulation re Discovery Motion, 143 , Notice (Other), 144 filed by Defendants Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Exhibit In support of Respondents' Contentions to Second Motion for Sanctions)(Lin, David) (Entered: 05/01/2019) (0) |
| Mar 22, 2019 | 142 | PROOF OF SERVICE Executed Creative Outdoor Distributors USA Inc., Brian Horowitz, upon Defendant Kevin Xia served on 2/27/2019, answer due 3/29/2019. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. Proof of Service of Summons [re Third Amended Complaint] (Forsythe, Marc) (Entered: 03/22/2019) (2) |
| Mar 20, 2019 | 140 | ANSWER to Amended Complaint/Petition,, 135 JURY DEMAND. filed by Defendant Kevin Xia.(Attorney Gary F Wang added to party Kevin Xia(pty:dft))(Wang, Gary) (Entered: 03/20/2019) (30) |
| Mar 20, 2019 | 141 | NOTICE of Interested Parties filed by Defendant Kevin Xia, identifying KEVIN XIA, YISHUN CHEN, ZHAOSHENG CHEN, BRIAN HOROWITZ, CREATIVE OUTDOOR DISTRIBUTORS USA, INC., and EVERYDAYSPORTS OUTDOOR CORPORATION D/B/A WONDERFOLD OUTDOOR. (Wang, Gary) (Entered: 03/20/2019) (3) |
| Feb 26, 2019 | 139 | 21 DAY Summons Issued re Amended Complaint/Petition, 135 as to Defendant Kevin Xia. (es) (Entered: 02/26/2019) (3) |
| Feb 25, 2019 | 137 | NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Miscellaneous Document 136 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. Note: Case number should read: 8:17-cv-00432 (JCGx). Incorrect event selected. Correct event to be used is found under category Civil Events-Service Documents-Service/Waivers of Summons and Complaints. Summons Request. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (es) (Entered: 02/25/2019) (2) |
| Feb 25, 2019 | 138 | Request for Clerk to Issue Summons on Amended Complaint/Petition,, 135 filed by Plaintiff Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 02/25/2019) (3) |
| Feb 22, 2019 | 135 | THIRD AMENDED COMPLAINT against Defendant and Cross-Complainants Yishun Chen, Zhaosheng Chen amending Amended Complaint/Petition, 61 , filed by Plaintiff and Cross-Defendants Brian Horowitz, Creative Outdoor Distributors USA Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Forsythe, Marc) (Entered: 02/22/2019) (0) |
| Feb 22, 2019 | 136 | Summons filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz re: Amended Complaint/Petition,, 135 (Forsythe, Marc) (Entered: 02/22/2019) (2) |
| Feb 22, 2019 | 135 | Amended Complaint* (1) |
| Feb 8, 2019 | 134 | ORDER GRANTING LEAVE TO JOIN KEVIN XIA AND TO VACATE AND/OR CONTINUE OUT ALL PRE-TRIAL DATES AND DEADLINES AND THE PRESENT JUNE 18, 2019 TRIAL DATE SET IN THIS ACTION AND ALL SCHEDULED COURT HEARINGS AND APPEARANCES 133 by Judge Andrew J. Guilford. All pre-trial dates are further continued as follows: 1. Completion of written discovery - 7/31/2019; 2. Completion of fact-witness depositions - 8/30/2019; 3. Service of Plaintiffs' expert reports 9/15/2019; 4. Service of Defendants' expert reports 10/15/2019; 5. Completion of expert depositions - 11/30/2019; 6. Filing of motions for summary judgment - 12/31/2019; 7. Participation in mediation - 1/31/2020; and 8. Pretrial Conference 2/3/2020 at 8:30 a.m. 9. Jury Trial - 2/18/2020 at 9:00 a.m. (See order for complete details.) (es) (Entered: 02/11/2019) (3) |
| Feb 7, 2019 | 133 | AMENDED DOCUMENT filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. Amendment to Stipulation to Vacate, 131 Amended Joint Stipulation of the Parties to Join Kevin Xia as a Defendant in the Lawsuit and to Continue Out or Vacate All Pre-Trial and Trial Dates as Previously Set Forth with Proof of Service (Forsythe, Marc) (Entered: 02/07/2019) (15) |
| Feb 5, 2019 | 132 | ORDER DENYING WITHOUT PREJUDICE PARTIES' STIPULATION TO VACATE AND/OR CONTINUE ALL PRETRIAL AND TRIAL DATES (DKT. NO. 131 ) by Judge Andrew J. Guilford. (es) (Entered: 02/05/2019) (3) |
| Feb 1, 2019 | 131 | STIPULATION to Vacate Vacate And/Or Continue Out All Pre-Trial Dates And Deadlines And The Present June 18, 2019 Trial Date Set In This Action And All Scheduled Court Hearings And Appearances filed by Plaintiff Creative Outdoor Distributors USA Inc., Brian Horowitz. (Attachments: # 1 Proposed Order)(Forsythe, Marc) (Entered: 02/01/2019) (0) |
| Jan 22, 2019 | 130 | DENIED ORDER by Magistrate Judge Douglas F. McCormick: denying 128 TO STAY EXECUTION OF PAYMENT OF MONETARY SANCTIONS AWARD. (sbou) (Entered: 01/22/2019) (2) |
| Jan 18, 2019 | 129 | RESPONSE filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitzto Miscellaneous Document 128 Plaintiff/Counter Defendants' Response to Defendant Yishun Chen's Request to Stay Execution of Payment of the Monetary Sanctions Award Ordered By The Court on This Matter Referenced Until Final Judgment of This Case; Declaration of Darrell W. Gibby in Support Thereof with Proof of Service (Forsythe, Marc) (Entered: 01/18/2019) (10) |
| Jan 17, 2019 | 128 | REQUEST TO STAY EXECUTION OF PAYMENT OF MONETARY SANCTIONS AWARD ORDERED BY THE COURT re: Order 127 (Attachments: # 1 Proposed Order Granting Request to Stay)(Lin, David) Modified on 1/22/2019 (sbou). (Entered: 01/17/2019) (0) |
| Jan 14, 2019 | 127 | ORDER by Magistrate Judge Douglas F. McCormick Granting Further Request for Time Extension of Pay Sanctions 126 . No further extensions will be granted. (nbo) (Entered: 01/14/2019) (2) |
| Dec 21, 2018 | 125 | ORDER by Magistrate Judge Douglas F. McCormick Granting Request for Extension 124 . The deadline for Defendant/Counter Claimant YISHUN CHEN to pay sanctions is hereby extended to January 11, 2019. (NOTE: CHANGES HAVE BEEN MADE TO THIS DOCUMENT) (nbo) (Entered: 12/21/2018) (2) |
| Dec 21, 2018 | 126 | RESPONSE filed by Counter Claimant Yishun Chen, Defendant Yishun Chento Order on Request for Order, 125 Request for Additional time extension to pay for sanctions (Attachments: # 1 Proposed Order Granting additional extension)(Lin, David) (Entered: 12/21/2018) (0) |
| Dec 17, 2018 | 124 | Request for a 45-day extension to pay sanctions filed by Counter Claimant Yishun Chen, Defendant Yishun Chen In response to re: Minutes of In Chambers Order/Directive - no proceeding held, 122 (Attachments: # 1 Proposed Order Granting a 45-day time extension to pay sanctions)(Lin, David) Modified on 12/17/2018 (es). (Entered: 12/17/2018) (0) |
| Dec 10, 2018 | 123 | Notice of Appearance or Withdrawal of Counsel: for attorney David S Lin counsel for Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. Christopher Damian Lee is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants/Counter Claimants Defendants/Counter Claimants. (Lin, David) (Entered: 12/10/2018) (2) |
| Dec 7, 2018 | 122 | MINUTE (In Chambers) Order re: Plaintiffs' Motion for Attorney's Fees (Dkt. 114 ) by Magistrate Judge Douglas F. McCormick. Plaintiffs' motion is GRANTED in part and Chen and his counsel are ORDERED to pay to Plaintiffs monetary sanctions of $829.40 in expenses and $16,167.00 in attorney's fees within fourteen (14) days of the date of this order. (See document for further details.) (sbou) (Entered: 12/10/2018) (3) |
| Dec 3, 2018 | 121 | AFFIDAVIT by affiant: Jim Fitzpatrick Affidavit of Service of Notice of Deposition, Subpoena to Testify and Attachment on Kevin Xia and Everyday Sports Outdoor Corporation dba Wonderfold Outdoors Company filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz (Forsythe, Marc) (Entered: 12/03/2018) (2) |
| Oct 15, 2018 | 120 | SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. The hearing on the Motion for Attorneys' Fees and Costs 114 , scheduled for October 16, 2018, at 10:00 A.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nbo) TEXT ONLY ENTRY (Entered: 10/15/2018) (0) |
| Oct 3, 2018 | 119 | ORDER GRANTING DEFENDANT/COUNTER CLAIMANT YISHUN CHEN'S REQUEST FOR A THREE WEEK EXTENSION TO PAY SANCTIONS by Magistrate Judge Douglas F. McCormick. The deadline for Defendant/Counter Claimant YISHUN CHEN to pay the required and ordered monetary sanctions award in the total of $7,509.29 is hereby continued and extended by the Court from the present October 5, 2018 time deadline for an additional 3 weeks' time to the new time deadline of October 26, 2018. 117 (sbou) (Entered: 10/05/2018) (2) |
| Oct 2, 2018 | 117 | Defendant Chen's Request for Additional time to pay Sanctions re REQUEST for Hearing as to Motion for Sanctions and Motion to compel deposition re Text Only Scheduling Notice, 105 106 filed by Counter Claimant Yishun Chen, Defendant Yishun Chen. (Attachments: # 1 Proposed Order granting Defendants Chen's Request for additional time to pay Sanctions)(Lin, David) Modified on 10/3/2018 (es). (Entered: 10/02/2018) (0) |
| Oct 2, 2018 | 118 | REPLY Reply in Support of Motion NOTICE OF MOTION AND MOTION for Attorney Fees Notice of Motion and Motion for Attorneys Fees and Costs Pursuant to Fed. R. Civ. P. 37; Memorandum of Points and Authorities and Declarations of Brian Horowitz, Darrell W. Gibby and Marc C. Forsythe in 114 Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' Motion for Attorney's Fees and Costs Pursuant to Fed. R. Civ. P. 37 with Proof of Service filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 10/02/2018) (29) |
| Sep 25, 2018 | 116 | Opposition To Plaintiffs' Motion for Attorney fees and Costs re: NOTICE OF MOTION AND MOTION for Attorney Fees Notice of Motion and Motion for Attorneys Fees and Costs Pursuant to Fed. R. Civ. P. 37; Memorandum of Points and Authorities and Declarations of Brian Horowitz, Darrell W. Gibby and Marc C. Forsythe in 114 And Exhibits A-D In Support thereof filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Exhibit To Oppo to Motion for Attorney fees and Costs)(Lin, David) (Entered: 09/25/2018) (0) |
| Sep 20, 2018 | 115 | MINUTES (IN CHAMBERS) Order re: Plaintiffs' Motion for Sanctions Against Yishun Chen and David Lin and Motion to Compel Yishun Chen to Submit to an Additional Deposition (Dkt. 89) by Magistrate Judge Douglas F. McCormick. Plaintiffs Motion is GRANTED. Defendant Yishun Chen is ORDERED to appear for a deposition of no more than 8 hours within twenty-one (21) days of the date of this Order. Chen and his counsel are further ORDERED to pay to Plaintiffs monetary sanctions of $7,509.29 within fourteen (14) days of the date of this order. 106 89 (sbou) (Entered: 09/20/2018) (8) |
| Sep 14, 2018 | 114 | NOTICE OF MOTION AND MOTION for Attorney Fees Notice of Motion and Motion for Attorneys Fees and Costs Pursuant to Fed. R. Civ. P. 37; Memorandum of Points and Authorities and Declarations of Brian Horowitz, Darrell W. Gibby and Marc C. Forsythe in Support Thereof with Proof of Service filed by Plaintiff Creative Outdoor Distributors USA Inc., Brian Horowitz. Motion set for hearing on 10/16/2018 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Forsythe, Marc) (Entered: 09/14/2018) (30) |
| Sep 10, 2018 | 113 | OBJECTIONS to Declaration (Motion related), 112 Plaintiffs' Objection to Additional Arguments Submitted by David S. Lin as to the Merits of the Sanctions Motion with Proof of Service filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 09/10/2018) (6) |
| Sep 7, 2018 | 112 | DECLARATION of David S. Lin IN RESPONSE TO PLAINTIFF BRIAN HOROWITZS SUPPLEMENTAL DECLARATION IN FURTHER SUPPORT OF MOTION FOR SANCTIONS REQUEST for Hearing as to Motion for Sanctions and Motion to compel deposition re Text Only Scheduling Notice, 105 106 filed by Counter Claimants Yishun Chen, Zhaosheng Chen, Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 09/07/2018) (7) |
| Aug 31, 2018 | 111 | DECLARATION of Brian Horowitz re Stipulation for Sanctions, 89 Plaintiff Brian Horowitz's Supplemental Declaration re Attorney's Fees Noticed in Motion and Reservation of Rights to Seek Additional Attorney's Fees and Expenses Relating to Preparation of Pleadings and Hearing on Motion for Sanctions Pursuant to Fed. R. Civ.P.37(a)(5) with Proof of Service filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 08/31/2018) (8) |
| Aug 30, 2018 | 110 | NOTICE OF LODGING filed Plaintiff's Notice of Lodging of CD Containing Excerpts of the Video Deposition of Yishun Chen in Support of Plaintiff's Motion for Sanctions Against Defendant Yishun Chen and David S. Lin and to Compel Yishun Chen to Submit to an Additional Session of Deposition in This Case with Proof of Service re Stipulation for Sanctions, 89 (Forsythe, Marc) (Entered: 08/30/2018) (4) |
| Aug 27, 2018 | 109 | MINUTES OF Motion Hearing held before Magistrate Judge Douglas F. McCormick. Court issues tentative ruling. Counsel argue motion. Court takes matter under submission. Court Recorder: CS 08/27/2018. (lom) (Entered: 08/29/2018) (1) |
| Aug 24, 2018 | 108 | SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. Defendants' counsel are ordered to update the Court by 2:00 pm today about whether there is any remaining basis for Defendants' request to continue Monday's hearing. Counsel may update the Court by email to DFM_Chambers@cacd.uscourts.gov. In the absence of any update, the hearing will go forward as scheduled. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nbo) TEXT ONLY ENTRY (Entered: 08/24/2018) (0) |
| Aug 23, 2018 | 107 | Opposition Opposition re: REQUEST for Hearing as to Motion for Sanctions and Motion to compel deposition re Text Only Scheduling Notice, 105 106 Brian Horowitz and Creative Outdoor Distributors USA, Inc.'S Opposition to Defendants Yishun CHen and Zhaosheng Chen's Request to Continue the Upcoming August 27, 2018 Motion Hearing Date on Plaintiffs' Motion to Compel Yishun Chen to Submit to an Additional Deposition; Declaration of Marc C. Forsythe in Support Thereof with Proof of Service filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 08/23/2018) (15) |
| Aug 22, 2018 | 106 | REQUEST for Hearing as to Motion for Sanctions and Motion to compel deposition re Text Only Scheduling Notice, 105 filed by Defendants/Counter Claimants Yishun Chen, Zhaosheng Chen. Request set for hearing on 9/10/2018 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Attachments: # 1 Proposed Order Granting Defendants Chens' Request to continue Hearing on Motion for Sanctions)(Lin, David) (Entered: 08/22/2018) (0) |
| Jul 19, 2018 | 105 | SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. On the Court's own motion, and with the agreement of the parties, the Court hereby continues the hearing on Plaintiff's Motion for Sanctions Against Yishun Chen and David Line and Motion to Compel Yishun Chen to Submit to an Additional Deposition 89 from August 20, 2018 to August 27, 2018 at 11:00 AM before Magistrate Judge Douglas F. McCormick. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nbo) TEXT ONLY ENTRY (Entered: 07/19/2018) (0) |
| Jul 6, 2018 | 104 | ORDER by Magistrate Judge Douglas F. McCormick: Approving Joint Stipulation of the Parties to Continue Motion for Sanctions against Yishun Chen and David Lin and Motion to Compel Yishun Chen to Submit to an Additional Deposition 103 . Hearing re Motion continued to 8/20/2018 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (mt) (Entered: 07/06/2018) (2) |
| Jul 5, 2018 | 103 | Joint Stipulation to Continue Motion for Sanctions filed as NOTICE OF MOTION AND MOTION to Continue Motion for Sanctions from July 9, 2018 to August 20, 2018 Re: Stipulation for Sanctions, 89 filed by Plaintiff Creative Outdoor Distributors USA Inc., Brian Horowitz. Motion set for hearing on 7/9/2018 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Forsythe, Marc) Modified on 7/6/2018 (es). (Entered: 07/05/2018) (7) |
| Jul 3, 2018 | 102 | SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. Plaintiffs filed a Motion for Sanctions Against Yishun Chen and David Lin and noticed the motion before District Judge Andrew J. Guildford. This motion should have been set before Magistrate Judge Douglas F. McCormick. Therefore, the Court resets the hearing for 7/9/2018 at 10:00 AM before Magistrate Judge Douglas F. McCormick in Courtroom 6B of the Ronald Reagan Courthouse. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nbo) TEXT ONLY ENTRY (Entered: 07/03/2018) (0) |
| Jun 28, 2018 | 101 | DECLARATION of David S. Lin re Declaration,, 100 , Notice (Other), 91 In response to Plaintiffs' Reply to Opposition to Motion for Sanctions filed by Defendant Yishun Chen. (Lin, David) (Entered: 06/28/2018) (7) |
| Jun 25, 2018 | 99 | OPPOSITION Plaintiffs' Reply to Defendant Yishun Chen's Responses in Opposition to Plaintiff's Motion for Sanctions Against Defendant Yishun CHen and David S. Lin and to Compel Yishun Chen to Submit to an Additional Session of Deposition in this Case and Declaration of David S. Lind filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 06/25/2018) (25) |
| Jun 25, 2018 | 100 | DECLARATION of Darrell W. Gibby 99 ISO Plaintiffs' Reply to Defendant Yishun Chen's Responses in Opposition to Plaintiff's Motion for Sanctions Against Defendant Yishun Chen and David S. Lin and to Compel Yishun Chen to Submit to an Additional Session of Deposition in this Case and Declaration of David S. Lin filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 06/25/2018) (3) |
| Jun 19, 2018 | 98 | Answer to First Amended Counterclaim AMENDED COUNTERCLAIM against Defendants/Counter-Plaintiffs Yishun Chen, Zhaosheng Chen, Yue Zhang amending Amended Counterclaim, 88 ; JURY DEMAND, filed by Plaintiff Brian Horowitz, Creative Outdoor Distributors USA Inc. (Forsythe, Marc) (Entered: 06/19/2018) (17) |
| Jun 18, 2018 | 97 | OPPOSITION To Plaintiff's Motion for Sanctions filed by Defendant Yishun Chen. (Attachments: # 1 Exhibit Exhibit A to Defendant Yishun Chen's Response in oppo to Motion for Sanction)(Lin, David) (Entered: 06/18/2018) (0) |
| Jun 11, 2018 | 96 | ORDER by Judge Andrew J. Guilford. NOTE: CHANGES MADE BY THE COURT. The Court hereby approves the attached Stipulation 95 , and authorizes: 1. The Discovery Cut-off date is continued from July 5, 2018 to March 5, 2019; 2. The Pretrial Conference is continued from October 1, 2018 to June 3, 2019 at 8:30 a.m. The Trial date is continued from October 16, 2018 to June 18, 2019 at 9:00 a.m.; and all attendant Pre-Trial dates, including expert disclosures and responses, shall be continued out in accordance with and consistent with the new Trial date set as previously reflected in the prior Joint Rule 26(f) Report filed herein. NO FURTHER CONTINUANCES WILL BE GRANTED WITHOUT AN EXTRAORDINARY FURTHER SHOWING OF GOOD CAUSE. IT IS SO ORDERED. (dro) (Entered: 06/11/2018) (2) |
| Jun 8, 2018 | 95 | Joint STIPULATION to Continue Pre-Trial and Trial Dates from 7-5-18 and 10-16-18 to 3-5-19 and 6-16-19 filed by Plaintiff Creative Outdoor Distributors USA Inc., Brian Horowitz. (Attachments: # 1 Proposed Order Proposed Order)(Forsythe, Marc) (Entered: 06/08/2018) (0) |
| Jun 7, 2018 | 93 | NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Douglas F. McCormick for any discovery and/or post-judgment matters that may be referred. Case number will now read as SACV17-00432 AG (DFMx). (dro) (Entered: 06/07/2018) (1) |
| Jun 7, 2018 | 94 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Sanctions, 89 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (dro) (Entered: 06/07/2018) (1) |
| Jun 6, 2018 | 89 | STIPULATION for Sanctions against Plaintiffs' and Defendant Yishun Chen and David Lin's Joint Stipulation Pursuant to Local Rule 37-2 Re Plaintiff's Motion for Sanctions Against Yishun Chen and David Lin and to Compel Yishen Chen to Submit to An Additional Deposition with Proof of Service filed by Plaintiff Creative Outdoor Distributors USA Inc., Brian Horowitz.(Forsythe, Marc) (Entered: 06/06/2018) (30) |
| Jun 6, 2018 | 90 | DECLARATION of Darrell W. Gibby re Stipulation for Sanctions, 89 Declaration of Darrell W. Gibby re Defendant Yishun Chen and His Counsel David Lin's Fialure to Timely Provide Their Portion of The Joint Stipulation for Plaintiffs' Discovery Motion as Required by Local Rule 37-2.2 with Proof of Service filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 06/06/2018) (5) |
| Jun 6, 2018 | 91 | NOTICE Plaintiffs' Notice of Motion for Sanctions Against Yishun Chen and David Lin and to Compe Yishun Chen to Submit to An Additional Deposition with Proof of Service filed by Plaintiff Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 06/06/2018) (5) |
| Jun 6, 2018 | 92 | RESPONSE filed by Defendant Yishun Chento Declaration, 90 , Stipulation for Sanctions, 89 Re: Plaintiff's improper motion for sanctions (Lin, David) (Entered: 06/06/2018) (15) |
| May 31, 2018 | 88 | FIRST AMENDED COUNTERCLAIM against Plaintiffs/Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz amending Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, 63 ; JURY DEMAND, filed by Defendants/Counter Claimants Zhaosheng Chen, Yishun Chen (Attachments: # 1 Exhibit Exhibit A-F)(Lin, David) (Entered: 05/31/2018) (0) |
| May 16, 2018 | 87 | ORDER EXTENDING TIME TO FILE FIRST AMENDED COUNTERCLAIMS by Judge Andrew J. Guilford; re Stipulation for Extension of Time to Amend 86 . The Court hereby approves the attached Stipulation and extends, for a period of two additional (2) weeks, from May 21, 2018, to June 4, 2018 for Defendant/Counter Claimants CHENS to file their First Amended Counterclaim. (twdb) (Entered: 05/16/2018) (2) |
| May 15, 2018 | 86 | Joint STIPULATION for Extension of Time to Amend Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, 63 filed by Counter Claimants Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Proposed Order Extending Time to File First Amended Counterclaims)(Lin, David) (Entered: 05/15/2018) (0) |
| May 14, 2018 | 85 | MINUTES (IN CHAMBERS) Order Regarding Plaintiffs' Motion to Dismiss Defendants' Counterclaims [Dkt. 76] by Judge Andrew J. Guilford: The Court GRANTS Plaintiffs' motion, as previously explained. (Dkt. No 76.) Defendants may file a first amended counterclaim within 7 days of this order. See document for further information. (lwag) (Entered: 05/15/2018) (6) |
| Apr 23, 2018 | 84 | REPLY Reply in Opposition to Motion 83 Plaintiffs' Reply to Opposition to Motion to Dismiss Counterclaims, et al. with Proof of Service filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, Counter Defendants Creative Outdoor Distributors USA Inc., Brian Horowitz. (Forsythe, Marc) (Entered: 04/23/2018) (16) |
| Apr 16, 2018 | 82 | ORDER by Judge Andrew J. Guilford, Granting APPLICATION of Non Resident Attorney to Appear Pro Hac Vice 81 . (twdb) (Entered: 04/16/2018) (1) |
| Apr 16, 2018 | 83 | OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Dismiss Counterclaim for Failure to State a Claim Upon Which Relief Can Be Granted 76 filed by Counter Claimants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 04/16/2018) (10) |
| Apr 13, 2018 | 81 | Application to Appear Pro Hac Vice filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz (Attachments: # 1 Proposed Order)(Forsythe, Marc) Modified on 4/16/2018 (lwag). (Entered: 04/13/2018) (0) |
| Mar 29, 2018 | 79 | STIPULATION for Extension of Time to File Opposition to Motion to Dismiss Counter claims and Reply to Opposition filed by Defendants/Counter Claimants Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Proposed Order)(Lin, David) (Entered: 03/29/2018) (0) |
| Mar 29, 2018 | 80 | ORDER ORDER GRANTING (1) CONTINUANCE OF HEARING ON MOTION TO DISMISS (2) TIME EXTENSION FOR DEFENDANTS/COUNTER CLAIMANTS TO FILE THEIR OPPOSITION TO PLAINTIFFS/COUNTER DEFENDANTS' MOTION TO DISMISS COUNTERCLAIMS IN THIS ACTION AND (3) PLAINTIFFS/COUNTER DEFENDANTS' TIME TO FILE REPLY TO OPPOSITION FILED by Judge Andrew J. Guilford. Pursuant to the request submitted under the Joint Stipulation 79 filed hereto and Good Cause Appearing, the Court hereby approves the within Stipulation filed. 1. The hearing on Plaintiffs/Counter Defendants' Motion to Dismiss is hereby continued to May 14, 2018 at 10:00 a.m.; 2. Defendants/Counter Claimants ZHAOSHENG CHEN and YISHUN CHEN's time deadline to file their Opposition to Plaintiffs/Counter Defendants' Motion to Dismiss is April 16, 2018; and 3. Plaintiffs/Counter Defendants' time deadline to a file Reply to the Opposition filed is April 23, 2018. IT IS SO ORDERED. (dro) (Entered: 03/29/2018) (2) |
| Mar 28, 2018 | 77 | Joint STIPULATION for Extension of Time to File Opposition to Motion to Dismiss Counter claims filed by Defendants/Counter Claimants Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Proposed Order Granting extension to file Oppo to Motion to Dismiss)(Lin, David) (Entered: 03/28/2018) (0) |
| Mar 28, 2018 | 78 | ORDER DENIED BY ORDER OF THE COURT by Judge Andrew J. Guilford, re: Stipulation for Extension of Time to File their Opposition, 77 . (dv) (Entered: 03/28/2018) (2) |
| Mar 26, 2018 | 76 | NOTICE OF MOTION AND MOTION to Dismiss Case , NOTICE OF MOTION AND MOTION to Dismiss Counterclaim for Failure to State a Claim Upon Which Relief Can Be Granted filed by Plaintiff Creative Outdoor Distributors USA Inc., Brian Horowitz. Motion set for hearing on 4/23/2018 at 10:00 AM before Judge Andrew J. Guilford. (Forsythe, Marc) (Entered: 03/26/2018) (16) |
| Mar 22, 2018 | 75 | ORDER by Judge Andrew J. Guilford, GRANTING 74 Request to Substitute Attorney. The Court hereby oders the request of Plaintiffs/Counterclaim-Defendants Brian Horowitz and Creative Outdoor Distributors USA, Inc. to substitute Marc C Forsythe, Esq, Retained Counsel as attorney of record in stead of Attorney David Michael Mannion, terminated is hereby GRANTED. (es) (Entered: 03/22/2018) (1) |
| Mar 20, 2018 | 74 | REQUEST TO SUBSTITUTE ATTORNEY Marc C. Forsythe in place of attorney David M. Mannion filed by plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Attachments: # 1 Proposed Order) (Mannion, David) (Entered: 03/20/2018) (0) |
| Mar 5, 2018 | 73 | NOTICE OF MOTION AND MOTION of David Mannion to Withdraw as Attorney filed by plaintiffs' counsel, Blakeley LLP Creative Outdoor Distributors USA Inc., Brian Horowitz. Motion set for hearing on 4/2/2018 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # 1 Declaration of David Mannion, # 2 Proposed Order) (Mannion, David) (Entered: 03/05/2018) (0) |
| Mar 2, 2018 | 71 | REQUEST for Extension of Time to File response to Counterclaims filed by plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Attachments: # 1 Proposed Order, # 2 Declaration of David Mannion) (Mannion, David) (Entered: 03/02/2018) (0) |
| Mar 2, 2018 | 72 | ORDER Extending Time to Respond to Counterclaims by Two Weeks by Judge Andrew J. Guilford. The Court, having considered the Plaintiffs' Second Request 71 and [Proposed] Order Extending Time To Respond To Counterclaims By Two Weeks (For A Total Of Less Than 30 Days), finds that the relief sought is proper. Accordingly, Court hereby ORDERS as follows: 1. The time for Plaintiffs/Counterclaim-Defendants to answer or otherwise respond to the Counterclaims (Dkt. No. 63) is extended for a period of two (2) weeks from March 12, 2018 to March 26, 2018. IT IS SO ORDERED. (dro) (Entered: 03/02/2018) (2) |
| Feb 22, 2018 | 69 | TRANSCRIPT for proceedings held on 1/22/18. Court Reporter/Electronic Court Recorder: miriam Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/15/2018. Redacted Transcript Deadline set for 3/26/2018. Release of Transcript Restriction set for 5/23/2018. (Baird, Miriam) (Entered: 02/22/2018) (21) |
| Feb 22, 2018 | 70 | NOTICE OF FILING TRANSCRIPT filed for proceedings 1/22/18 re Transcript 69 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Baird, Miriam) TEXT ONLY ENTRY (Entered: 02/22/2018) (0) |
| Feb 9, 2018 | 68 | ORDER by Magistrate Judge Jay C. Gandhi granting Stipulation for Protective Order 64 . (kh) (Entered: 02/09/2018) (1) |
| Feb 7, 2018 | 66 | STIPULATION Extending Time to Answer the complaint as to Brian Horowitz answer now due 3/12/2018; Creative Outdoor Distributors USA Inc. answer now due 3/12/2018, re Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, 63 filed by plaintiffs Brian Horowitz; Creative Outdoor Distributors USA Inc.. (Attachments: # 1 Proposed Order)(Mannion, David) (Entered: 02/07/2018) (0) |
| Feb 7, 2018 | 67 | ORDER EXTENDING TIME TO RESPOND TO COUNTERCLAIMS BY TWO WEEKS by Judge Andrew J. Guilford, re Stipulation Extending Time to Answer (30 days or less), 66 . The Court, having considered the parties' Stipulation and [Proposed] Order Extending Time to Respond to Counterclaims by Two Weeks, finds that the relief sought is proper. Accordingly, Court hereby ORDERS as follows: The time for Plaintiffs/Counterclaim-Defendants to answer or otherwise respond to the Counterclaims (Dkt. No. 63) is extended for a period of two (2) weeks from February 26, 2018, to March 12, 2018. (dv) (Entered: 02/07/2018) (2) |
| Feb 6, 2018 | 64 | STIPULATION for Protective Order filed by Non-Parties Tofasco of America, Inc., MacSports Inc. d/b/a/ Mac Sports. (Attachments: # 1 Exhibit Exhibit A, # 2 Proposed Order [Proposed] Order)(Attorney Peter Joseph Diedrich added to party Tofasco of America, Inc.(pty:unk), Attorney Peter Joseph Diedrich added to party MacSports Inc. d/b/a/ Mac Sports(pty:unk))(Diedrich, Peter) (Entered: 02/06/2018) (0) |
| Feb 6, 2018 | 65 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening), Counterclaim, 63 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb) (Entered: 02/06/2018) (1) |
| Feb 5, 2018 | 63 | ANSWER to Amended Complaint/Petition, 61 with JURY DEMAND AND DEFENDANTS CHENS', COUNTERCLAIM against Creative Outdoor Distributors USA Inc., Brian Horowitz filed by Defendants Zhaosheng Chen, Yishun Chen. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Lin, David) (Entered: 02/05/2018) (0) |
| Jan 30, 2018 | 62 | TRANSCRIPT ORDER as to Plaintiff Creative Outdoor Distributors USA Inc. for Court Reporter. Court will contact David Mannion at dmannion@blakeleyllp.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Mannion, David) (Entered: 01/30/2018) (2) |
| Jan 29, 2018 | 61 | SECOND AMENDED COMPLAINT against Defendants Yishun Chen, Zhaosheng Chen amending Amended Complaint/Petition, 17 , filed by plaintiffs Brian Horowitz, Creative Outdoor Distributors USA Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Mannion, David) (Entered: 01/29/2018) (0) |
| Jan 29, 2018 | 61 | Amended Complaint* (1) |
| Jan 22, 2018 | 57 | DECLARATION of Brian Horowitz in support of NOTICE OF MOTION AND MOTION to Amend Amended Complaint/Petition, 17 44 confirming that he did not file bankruptcy last week filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Mannion, David) (Entered: 01/22/2018) (3) |
| Jan 22, 2018 | 58 | DECLARATION of DAVID S. LIN IN OPPOSITION TO NOTICE OF MOTION AND MOTION to Amend Amended Complaint/Petition, 17 44 REGARDING PLAINTIFF BRIAN HOROWITZS RECENT BANKRUPTCY FILING filed by Defendants Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Exhibit Exhibit A to Declaration of David S. Lin)(Lin, David) (Entered: 01/22/2018) (0) |
| Jan 22, 2018 | 59 | MINUTES (IN CHAMBERS) by Judge Andrew J. Guilford: Order Regarding Plaintiffs' MOTION to Amend Complaint 44 . (mt) (Entered: 01/22/2018) (5) |
| Jan 22, 2018 | 60 | MINUTES OF MOTION TO AMEND COMPLAINT [DKT 44] Hearing held: Motion argued and taken under submission. Court Reporter: Miriam Baird. (lb) (Entered: 01/23/2018) (1) |
| Jan 10, 2018 | 55 | ORDER SCHEDULING DEPOSITION, EXTENDING TIME TO RESPOND TO WRITTEN DISCOVERY, AND SHORTENING TIME FOR PRE-MOTION CONFERENCE by Magistrate Judge Jay C. Gandhi re Stipulation for Discovery 54 . (kh) (Entered: 01/10/2018) (3) |
| Jan 10, 2018 | 56 | NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Gail M. Title has been assigned to serve as Panel Mediator. (mb) (Entered: 01/10/2018) (1) |
| Jan 9, 2018 | 54 | STIPULATION for Discovery as to Scheduling Deposition, Extending Time to Respond to Written Discovery, and Shortening Time for Conducting Pre-Motion Conference under Local Rule 37-1 filed by plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Attachments: # 1 Proposed Order)(Mannion, David) (Entered: 01/09/2018) (0) |
| Jan 8, 2018 | 53 | SUPPLEMENT to NOTICE OF MOTION AND MOTION to Amend Amended Complaint/Petition, 17 44 Supplemental Declaration of David Mannion re Continued Discovery and Trial Dates and Status of Defendants' Discovery Efforts filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Mannion, David) (Entered: 01/08/2018) (2) |
| Dec 27, 2017 | 52 | ORDER Continuing Trial by Judge Andrew J. Guilford. Pursuant to the request of the Joint Stipulation 51 filed and reasons set forth therein, as well as upon finding of the requisite "good cause" under F.R.C.P. Rule 16(b)(4), it is hereby ordered that: 1. The Discovery Cut-off date presently set for March 5, 2018, the Final Pretrial Conference date currently set for April 26, 2018 and the Trial date currently set for June 5, 2018 are all hereby vacated, or, in the alternative; (see document for details). (dro) (Entered: 12/27/2017) (2) |
| Dec 21, 2017 | 51 | Joint STIPULATION to Extend Discovery Cut-Off Date to November 5, 2018, Joint STIPULATION for Jury Trial on November 5, 2018 filed by Defendants Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Proposed Order)(Lin, David) (Entered: 12/21/2017) (0) |
| Dec 12, 2017 | 50 | ORDER by Judge Andrew J. Guilford, GRANTING Continuance of Hearing on Plaintiffs Brian Horowitz and Creative Outdoor Distributors USA, Inc's Motion to Amend Complaint from January 8, 2018 to January 22, 2018 at 10:00 a.m. (es) (Entered: 12/12/2017) (2) |
| Dec 8, 2017 | 49 | Joint STIPULATION for Hearing re Order,,, Set/Reset Deadlines/Hearings,, 46 filed by Defendants Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Proposed Order)(Lin, David) (Entered: 12/08/2017) (0) |
| Dec 7, 2017 | 48 | REPLY in support of NOTICE OF MOTION AND MOTION to Amend Amended Complaint/Petition, 17 44 filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Mannion, David) (Entered: 12/07/2017) (16) |
| Nov 30, 2017 | 47 | OPPOSITION to re: NOTICE OF MOTION AND MOTION to Amend Amended Complaint/Petition, 17 44 filed by Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 11/30/2017) (18) |
| Nov 27, 2017 | 46 | ORDER by Judge Andrew J. Guilford, CONTINUING 45 Motion to Amend Complaint. Pursuant to the request of Defendants' Counsel and reasons set forth therein, the date for Defendants YISHUN CHEN and ZHAOSHENG CHEN to file their Opposition to Plaintiffs' Motion to Amend Complaint is hereby extended from the current date of November 27, 2017 to November 30, 2017, and similarly, Plaintiffs' time deadline date to file any Reply Papers to Defendants' Opposition is hereby extended from December 4. 2017 to December 7, 2017. Plaintiffs' Motion to Amend Complaint is continued from December 18, 2017 to January 8, 2018 at 10:00 a.m. (mba) (Entered: 11/27/2017) (2) |
| Nov 22, 2017 | 45 | Defendants' Request for a short time extension to file their Opposition to Plaintiff's Motion to Amend Complaint re NOTICE OF MOTION AND MOTION to Amend Amended Complaint/Petition, 17 44 filed by Defendants Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Proposed Order Granting a short time extension)(Lin, David) (Entered: 11/22/2017) (0) |
| Nov 20, 2017 | 44 | NOTICE OF MOTION AND MOTION to Amend Amended Complaint/Petition, 17 filed by plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. Motion set for hearing on 12/18/2017 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # 1 Memorandum of Points & Authorities, # 2 Declaration of David Mannion, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Declaration of Nate Camuti, # 8 Proposed Order, # 9 Supplement Request for Judicial Notice, # 10 Supplement proposed Second Amended Complaint, # 11 Exhibit 1, # 12 Exhibit 2, # 13 Exhibit 3, # 14 Exhibit 4, # 15 Exhibit 5, # 16 Exhibit 6, # 17 Exhibit 7, # 18 Exhibit 8, # 19 Exhibit 9, # 20 Exhibit 10, # 21 Exhibit 11, # 22 Exhibit 12, # 23 Exhibit 13, # 24 Exhibit 14, # 25 Exhibit 15, # 26 Exhibit 16) (Mannion, David) (Entered: 11/20/2017) (0) |
| Nov 9, 2017 | 42 | TRANSCRIPT for proceedings held on 10/2/17. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/30/2017. Redacted Transcript Deadline set for 12/11/2017. Release of Transcript Restriction set for 2/7/2018. (Baird, Miriam) (Entered: 11/09/2017) (12) |
| Nov 9, 2017 | 43 | NOTICE OF FILING TRANSCRIPT filed for proceedings 10/2/17 10:00 AM re Transcript 42 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Baird, Miriam) TEXT ONLY ENTRY (Entered: 11/09/2017) (0) |
| Nov 6, 2017 | 40 | Objection to Plaintiffs' Request for Additional Time to File Amended Complaint re: REQUEST for Extension of Time to File repled intentional interference with contract claim 39 filed by Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 11/06/2017) (3) |
| Nov 6, 2017 | 41 | ORDER by Judge Andrew J. Guilford: granting 39 REQUEST for Extension of Time. The Court, having considered the Plaintiffs' response to the Court's Order Regarding Plaintiffs' Amended Complaint (Dkt. No. 38), finds that the relief sought is proper. Accordingly, the Court hereby GRANTS IN PART the Plaintiffs' request and ORDERS as follows: The Plaintiffs may include their repled intentional interference with contract claim in their proposed amended complaint, provided their motion for leave to file the proposed amended complaint is filed by November 20, 2017. (dv) (Entered: 11/06/2017) (2) |
| Nov 5, 2017 | 39 | REQUEST for Extension of Time to File repled intentional interference with contract claim filed by plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Attachments: # 1 Proposed Order) (Mannion, David) (Entered: 11/05/2017) (0) |
| Nov 3, 2017 | 38 | MINUTE IN CHAMBERS by Judge Andrew J. Guilford: Order Regarding Plaintiffs' Amended Complaint. (mt) (Entered: 11/03/2017) (1) |
| Oct 4, 2017 | 36 | TRANSCRIPT ORDER as to Plaintiff Creative Outdoor Distributors USA Inc., Brian Horowitz for Court Reporter. Court will contact Sadie Amato at samato@blakeleyllp.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Mannion, David) (Entered: 10/04/2017) (1) |
| Oct 4, 2017 | 37 | TRANSCRIPT ORDER as to Plaintiff Creative Outdoor Distributors USA Inc., Brian Horowitz for Court Reporter. Court will contact Sadie Amato at samato@blakeleyllp.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Mannion, David) (Entered: 10/04/2017) (2) |
| Oct 2, 2017 | 32 | SCHEDULING ORDER SPECIFYING PROCEDURES (lb) (Entered: 10/02/2017) (6) |
| Oct 2, 2017 | 33 | MINUTES OF 1. SCHEDULING CONFERENCE 2. DEFENDANTS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT [DKT 18] held before Judge Andrew J. Guilford. The Court orders that the tentative ruling shall become the order of the Court. A separate order GRANTING motion to dismiss with leave to amend to issue. The Court sets the following dates: Discovery Cutoff is March 5, 2018. A Final Pretrial Conference is set for May 21, 2018, at 8:30 a.m. A Jury Trial is set for June 5, 2018 at 9:00 a.m. Court sets the length of the trial at 4 days. Counsel stipulate to and the Court orders ADR Procedure No. 2. Scheduling Order Specifying Procedures is signed and filed this date. Court Reporter: Miriam Baird. (es) (Entered: 10/02/2017) (1) |
| Oct 2, 2017 | 34 | ORDER Permitting Parties to Opt Out of Standing Patent Rules by Judge Andrew J. Guilford. The Court, having considered the parties' Stipulated Request 31 and [Proposed] Order for Waiver of the Standing Patent Rules, finds that the relief sought is proper. Accordingly, pursuant to Standing Patent Rule 1.3, the Court hereby GRANTS the parties' request and ORDERS as follows: 1. The Standing Patent Rules shall not apply in this action. 2. Any party may request the application of some or all of the Standing Patent Rules, or a modified version thereof, at a later date for good cause shown or the Court may order compliance with some or all of the Standing Patent Rules on its own motion. IT IS SO ORDERED. (dro) (Entered: 10/02/2017) (2) |
| Oct 2, 2017 | 35 | MINUTE ORDER IN CHAMBERS by Judge Andrew J. Guilford: Order Granting Defendants' MOTION to Dismiss with Leave 18 . The Court now GRANTS Defendants motion to dismiss Plaintiffs claims WITH LEAVE TO AMEND, and DENIES Defendants motion to stay. (Dkt. No. 18.) (twdb) (Entered: 10/02/2017) (5) |
| Sep 25, 2017 | 31 | Joint STIPULATION to Waive the Standing Patent Rules and [Proposed] Order filed by plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Attachments: # 1 Proposed Order)(Mannion, David) (Entered: 09/25/2017) (0) |
| Sep 22, 2017 | 29 | SCHEDULING NOTICE by Judge Andrew J. Guilford. NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' First Amended Complaint 18 previously denied as moot is now rescheduled for hearing as follows: Motion set for hearing on 10/2/2017 at 10:00 AM before Judge Andrew J. Guilford. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dro) TEXT ONLY ENTRY (Entered: 09/22/2017) (0) |
| Sep 22, 2017 | 30 | MINUTE ORDER (IN CHAMBERS) by Judge Andrew J. Guilford: Regarding Upcoming Hearings. Based on a lack of clarity in the moving papers and a miscommunication, the Court mooted Defendants motion to dismiss. The Court now VACATES that order. (Dkt. No. 28.) The Court ORDERS a hearing on Defendants pending motion to dismiss to be held on October 2, 2017 at 10:00 am. (Dkt. No. 18.) For the convenience of the parties, the Court also ORDERS the scheduling conference, currently set for September 25, 2017 at 9:00 am to be moved to October 2, 2017 at 9:00 am. (mba) (Entered: 09/22/2017) (1) |
| Sep 18, 2017 | 28 | MINUTES (IN CHAMBERS) by Judge Andrew J. Guilford: ORDER VACATING MOTION; finding as moot 18 Defendants' MOTION to Dismiss Case. (twdb) (Entered: 09/21/2017) (1) |
| Aug 31, 2017 | 27 | MINUTE ORDER IN CHAMBERS by Judge Andrew J. Guilford: Continuing Hearing RE NOTICE OF MOTION AND MOTION to Dismiss 18 . (twdb) (Entered: 09/01/2017) (1) |
| Aug 29, 2017 | 26 | NOTICE filed by Defendants Yishun Chen, Zhaosheng Chen. Re: State Court Trial (Lin, David) (Entered: 08/29/2017) (2) |
| Aug 16, 2017 | 25 | MINUTES (IN CHAMBERS) ORDER CONTINUING HEARING by Judge Andrew J. Guilford: For reasons of calendar management, the Court CONTINUES the hearing on the pending motion to dismiss, currently set for August 21, 2017, to September 6, 2017, at 10:00 a.m. (Dkt. No. 18.) The Scheduling Conference set for August 21, 2017 at 9:00 a.m. is continued to September 6, 2017 at 9:00 a.m. (es) (Entered: 08/17/2017) (1) |
| Jul 21, 2017 | 24 | JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 to 6 days, filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz.. (Mannion, David) (Entered: 07/21/2017) (10) |
| Jul 20, 2017 | 22 | STIPULATION to Continue Motion to Dismiss Hearing from July 24, 2017 to August 7, 2017 Re: Reply (Motion related) 21 , MEMORANDUM in Opposition to Motion, 20 , NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' First Amended Complaint 18 filed by Defendants and Plaintiffs Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Proposed Order [proposed] order for Continuance of Motion to Dismiss Hearing)(Lin, David) (Entered: 07/20/2017) (0) |
| Jul 20, 2017 | 23 | **NOTE: CHANGES MADE BY THE COURT** ORDER Continuing Hearing Date on Defendants' Motion to Dismiss 22 by Judge Andrew J. Guilford: The Court hereby finds good cause to exist in light of the Defendants counsels calendar conflicts and signed Stipulation, and grants the Defendants request to continue out the hearing date on Defendants YISHUN CHEN and ZHAOSHENG CHENs Motion to Dismiss from July 24, 2017 to August 21, 2017 at 10:00 a.m. The Scheduling Conference set for August 7, 2017 is continued to August 21, 2017 at 9:00 a.m. (lwag) (Entered: 07/20/2017) (2) |
| Jul 10, 2017 | 21 | REPLY Reply to Plaintiffs' Opposition NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' First Amended Complaint 18 filed by Defendants Yishun Chen, Zhaosheng Chen. (Lin, David) (Entered: 07/10/2017) (7) |
| Jul 3, 2017 | 20 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' First Amended Complaint 18 filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Attachments: # 1 Declaration of David Mannion, # 2 Exhibit 1-Chens' State Court Complaint, # 3 Exhibit 2-Excerpt of State Court Docket Sheet, # 4 Exhibit 3-Noninfringement Chart)(Mannion, David) (Entered: 07/03/2017) (0) |
| Jun 5, 2017 | 19 | ORDER RE EARLY MEETING OF PARTIES AND SCHEDULING CONFERENCE: Scheduling Conference set for 8/7/2017 at 9:00 am. (lb) (Entered: 06/05/2017) (2) |
| Jun 2, 2017 | 18 | NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' First Amended Complaint filed by Defendants Yishun Chen, Zhaosheng Chen. Motion set for hearing on 7/24/2017 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # 1 Exhibit Exhibits In Support of Defendants Chens' MTD, # 2 Proposed Order Proposed Order Granting Defendant's MTD Plaintiff's First Amendment Complaint) (Lin, David) Modified on 9/22/2017 (dro). (Entered: 06/02/2017) (0) |
| May 12, 2017 | 16 | NOTICE OF DISMISSAL filed by plaintiffs Brian Horowitz, Creative Outdoor Distributors USA Inc. pursuant to FRCP 41a(1) as to Yue Zhang. (Mannion, David) (Entered: 05/12/2017) (1) |
| May 12, 2017 | 17 | FIRST AMENDED COMPLAINT against Defendants Yishun Chen, Zhaosheng Chen amending Complaint (Attorney Civil Case Opening),, 1 , filed by plaintiffs Brian Horowitz, Creative Outdoor Distributors USA Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Mannion, David) (Entered: 05/12/2017) (0) |
| May 12, 2017 | 17 | Amended Complaint* (1) |
| May 10, 2017 | 15 | NOTICE To The Court and Defendants That Plaintiff's Counsel Has Hired the Court's Former Judicial Extern as a Summer Law Clerk filed by plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Mannion, David) (Entered: 05/10/2017) (2) |
| May 5, 2017 | 14 | ORDER by Judge Andrew J. Guilford, Granting Stipulation to Extend Time to Answer (More than 30 days) 13 . The date for Defendants YISHUN CHEN and ZHAOSHENG CHEN to respond to Plaintiffs initial Complaint is hereby extended from the current response date of May 5, 2017 to May 19, 2017. (twdb) (Entered: 05/05/2017) (2) |
| May 3, 2017 | 13 | Joint STIPULATION for Extension of Time to File Answer to May 19, 2017 re Complaint (Attorney Civil Case Opening),, 1 filed by Defendants Yishun Chen, Zhaosheng Chen. (Attachments: # 1 Proposed Order GRANTING A SHORT EXTENSION OF THE TIME FOR DEFENDANTS YISHUN CHEN AND ZHAOSHENG CHEN TO RESPOND TO INITIAL COMPLAINT OF PLAINTIFFS)(Lin, David) (Entered: 05/03/2017) (0) |
| Apr 13, 2017 | 12 | STIPULATION Extending Time to Answer the complaint as to Yue Zhang answer now due 5/19/2017, re Complaint (Attorney Civil Case Opening),, 1 filed by plaintiff Brian Horowitz; Creative Outdoor Distributors USA Inc..(Mannion, David) (Entered: 04/13/2017) (2) |
| Apr 7, 2017 | 11 | PROOF OF SERVICE Executed by Plaintiff Brian Horowitz, Creative Outdoor Distributors USA Inc., upon Defendant Yue Zhang served on 3/31/2017, answer due 4/21/2017. in compliance with statute not specified by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Mannion, David) (Entered: 04/07/2017) (5) |
| Mar 31, 2017 | 10 | Joint STIPULATION Extending Time to Answer the complaint as to Zhaosheng Chen answer now due 5/5/2017; Yishun Chen answer now due 5/5/2017, re Complaint (Attorney Civil Case Opening),, 1 filed by Defendants Zhaosheng Chen; Yishun Chen.(Attorney David S Lin added to party Yishun Chen(pty:dft), Attorney David S Lin added to party Zhaosheng Chen(pty:dft))(Lin, David) (Entered: 03/31/2017) (2) |
| Mar 24, 2017 | 9 | PROOF OF SERVICE Executed by Defendant Brian Horowitz, Creative Outdoor Distributors USA Inc., upon Defendant Yishun Chen served on 3/15/2017, answer due 4/5/2017. in compliance with statute not specified by personal service.Original Summons NOT returned. (Mannion, David) (Entered: 03/24/2017) (3) |
| Mar 13, 2017 | 6 | NOTICE OF ASSIGNMENT to District Judge Andrew J. Guilford and Magistrate Judge Jay C. Gandhi. (jtil) (Entered: 03/13/2017) (1) |
| Mar 13, 2017 | 7 | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 03/13/2017) (2) |
| Mar 13, 2017 | 8 | 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, 1 as to Defendants Yishun Chen, Zhaosheng Chen, and Yue Zhang. (jtil) (Entered: 03/13/2017) (2) |
| Mar 10, 2017 | 2 | CIVIL COVER SHEET filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz. (Mannion, David) (Entered: 03/10/2017) (3) |
| Mar 10, 2017 | 3 | Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, 1 filed by plaintiff Creative Outdoor Distributors USA Inc., Brian Horowitz. (Mannion, David) (Entered: 03/10/2017) (2) |
| Mar 10, 2017 | 4 | Local Rule 7.1-1 and Fed. R. Civ. P. 7.1 CERTIFICATE of Interested Parties filed by Plaintiffs Creative Outdoor Distributors USA Inc., Brian Horowitz, identifying Brian Horowitz, Creative Outdoor Distributors USA, Inc., Heather Smulson, Yishun Chen, Zhaosheng Chen, Yue Zhang, Everyday Sports, Inc., Caliber Legal, P.C.. (Mannion, David) (Entered: 03/10/2017) (1) |
| Mar 10, 2017 | 5 | REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Creative Outdoor Distributors USA Inc., Brian Horowitz. (Mannion, David) (Entered: 03/10/2017) (1) |
| Mar 10, 2017 | 1 | Complaint* (1) |
