Case number 3:23-cv-02432
Columbia Insurance Company et al v. Simpson Strong-Tie Company Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 3, 2023 | 53 | Minute Entry for proceedings held before Judge P. Casey Pitts: Motion Hearing re 37 Motion to Stay held on 10/3/2023. Argument of counsel heard. Court takes matter under submission. Order to issue. Total Time in Court: 31 min (10:00-10:31 AM). Court Reporter: Lee-Anne Shortridge. Plaintiff Attorney: Scott Eidson, Duane Mathiowetz. Defendant Attorney: Joseph Mauch. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Date Filed: 10/3/2023) (Entered: 10/03/2023) (0) |
| Sep 19, 2023 | 52 | Declaration of JOSEPH V. MAUCH in Support of 51 Reply to Opposition/Response filed by Simpson Strong-Tie Company Inc.. (Related document(s) 51 ) (Mauch, Joseph) (Filed on 9/19/2023) Modified on 9/20/2023 (anj, COURT STAFF). (Entered: 09/19/2023) (2) |
| Sep 19, 2023 | 51 | REPLY and Notice In Support Of (re 37 MOTION to Stay filed by Simpson Strong-Tie Company Inc.. (Mauch, Joseph) (Filed on 9/19/2023) Modified on 9/20/2023 (anj, COURT STAFF). (Entered: 09/19/2023) (19) |
| Sep 11, 2023 | 50 | CASE MANAGEMENT STATEMENT (Supplemented) filed by Columbia Insurance Company, MiTek Inc. and Simpson Strong-Tie Company Inc.. (Mathiowetz, Duane) (Filed on 9/11/2023) Modified on 9/12/2023 (anj, COURT STAFF). (Entered: 09/11/2023) (13) |
| Sep 7, 2023 | 49 | OPPOSITION/RESPONSE (re 37 MOTION to Stay and Notice ) filed by Columbia Insurance Company. (Attachments: # 1 Declaration Declaration of John R. Schroeder in Support of Plaintiffs' Response, # 2 Exhibit Exhibit A to Schroeder Decl, # 3 Exhibit Exhibit B to Schroeder Decl)(Mathiowetz, Duane) (Filed on 9/7/2023) Modified on 9/8/2023 (anj, COURT STAFF). (Entered: 09/07/2023) (0) |
| Sep 6, 2023 | 48 | CLERK'S NOTICE Resetting Motion Hearing. Motion Hearing as to 37 MOTION to Stay set for 10/5/2023 is advanced to 10/3/2023 at 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. (This is a text-only entry generated by the court. There is no document associated with this entry.)(nmc, COURT USER) (Filed on 9/6/2023) (Entered: 09/06/2023) (0) |
| Aug 25, 2023 | 47 | ORDER RE BRIEFING SCHEDULE by Judge P. Casey Pitts granting 44 Stipulation. Responses due by 9/7/2023. Replies due by 9/19/2023. Motion Hearing set for 10/5/2023 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. (nmc, COURT USER) (Filed on 8/25/2023) (Entered: 08/25/2023) (4) |
| Aug 24, 2023 | 46 | ANSWER TO COUNTERCLAIM 34 Amended Answer to Complaint, Counterclaim byColumbia Insurance Company. (Mathiowetz, Duane) (Filed on 8/24/2023) (Entered: 08/24/2023) (6) |
| Aug 22, 2023 | 45 | Case Reassigned to Judge P. Casey Pitts. Judge Yvonne Gonzalez Rogers no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (bar, COURT STAFF) (Filed on 8/22/2023) (Entered: 08/22/2023) (0) |
| Aug 21, 2023 | 44 | STIPULATION WITH PROPOSED ORDER re 37 MOTION to Stay and Notice filed by Simpson Strong-Tie Company Inc., Columbia Insurance Co. and MiTek Inc.. (Mauch, Joseph) (Filed on 8/21/2023) Modified on 8/22/2023 (anj, COURT STAFF). (Entered: 08/21/2023) (4) |
| Aug 18, 2023 | 43 | ORDER REASSIGNING CASE.IT IS ORDERED that this case is reassigned to the Honorable P. Casey Pitts in the San Jose Division for all further proceedings.1. All future filings shall bear the initials PCP immediately after the case number. 2. All case management conference dates are vacated and will be reset by the Court. 3. All hearing dates presently scheduled are VACATED. However, existing briefing schedules for motions remain unchanged. Motions must be RENOTICED for hearing before Judge Pitts by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule. 4. Deadlines for ADR compliance and discovery cutoff remain unchanged.5. All pretrial conference and trial dates currently set for after November 13, 2023, and all other deadlines associated with the case, will remain in place unless otherwise ordered. 6. All pretrial conference and trial dates scheduled on or before November 13, 2023, are vacated. Other pretrial deadlines (e.g., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases. 7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice.8. On or before September 11, 2023, the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlined in the Standing Order for All Judges of the Northern District. The approved form for such statements can be accessed here. A Joint Case Management Statement is not required in prisoner cases in which the prisoner plaintiff/petitioner is not represented by counsel. 9. Judge Pitts participates in the Cameras in the Courtroom Pilot Project; hearings and trials in civil cases are thus eligible for video recording upon request and with the consent of the parties and Judge Pitts. Please see the Court's Pilot Project webpage and General Order 65 for more information. IT IS SO ORDERED.Dated: 08/18/2023FOR THE EXECUTIVE COMMITTEEMark B. Busby, Clerk of Court (This is a text-only entry generated by the court. There is no document associated with this entry.)(ecg, COURT STAFF) (Filed on 8/18/2023) (Entered: 08/18/2023) (0) |
| Aug 18, 2023 | N/A | Electronic filing error. Incorrect filing procedure. When filing a motion, the Memorandum Of Points and Authorities and the Declaration should be filed as attachments to the motion in compliance with Local Rule 7-2. They are not to be filed separately. No further action is necessary, please comply with all future filings.Re: 38 Brief filed by Simpson Strong-Tie Company Inc., 40 Declaration in Support, filed by Simpson Strong-Tie Company Inc., 39 Declaration in Support filed by Simpson Strong-Tie Company Inc., 37 MOTION to Stay and Notice filed by Simpson Strong-Tie Company Inc., 41 Proposed Order filed by Simpson Strong-Tie Company Inc. (anj, COURT STAFF) (Filed on 8/18/2023) (Entered: 08/18/2023) (0) |
| Aug 17, 2023 | 42 | PRETRIAL ORDER Last day to seek leave to add new parties or pleading amendments due by 8/28/2023; Party claiming infringement to serve disclosures by 9/5/2023; Party opposing claim of infringement to serve Invalidity Contentions by 10/20/2023; Exchange of Proposed Terms of Construction by 11/3/2023; Exchange of Preliminary Claim Constructions by 11/27/2023; Joint Claim Construction and Prehearing Statement by 12/19/2023; Claim Construction Discovery by 1/18/2024; Plaintiff's filing of Opening Claim Construction Brief due by 2/2/2024; Defendant to file Responsive Claim Construction Brief due by 2/16/2024; Claim Construction Brief due by 2/23/2024; Claims Construction Hearing set for 3/15/2024 at 09:00 AM. Tutorial Hearing set for 3/1/2024 at 09:00 AM in Oakland, Courtroom 1, 4th Floor. Signed by Judge Yvonne Gonzalez Rogers on 8/17/2023. (eac, COURT STAFF) (Filed on 8/17/2023) (Entered: 08/17/2023) (3) |
| Aug 17, 2023 | 41 | Proposed Order re 37 MOTION to Stay and Notice by Simpson Strong-Tie Company Inc.. (Mauch, Joseph) (Filed on 8/17/2023) (Entered: 08/17/2023) (2) |
| Aug 17, 2023 | 40 | Declaration of JOSEPH V. MAUCH in Support of 37 MOTION to Stay and Notice filed bySimpson Strong-Tie Company Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 37 ) (Mauch, Joseph) (Filed on 8/17/2023) (Entered: 08/17/2023) (0) |
| Aug 17, 2023 | 39 | Declaration of BRYAN WERT in Support of 37 MOTION to Stay and Notice filed bySimpson Strong-Tie Company Inc.. (Related document(s) 37 ) (Mauch, Joseph) (Filed on 8/17/2023) (Entered: 08/17/2023) (8) |
| Aug 17, 2023 | 38 | Brief re 37 MOTION to Stay and Notice Memorandum of Points and Authorities iso Motion to Stay filed by Simpson Strong-Tie Company Inc.. (Related document(s) 37 ) (Mauch, Joseph) (Filed on 8/17/2023) Modified on 8/18/2023 (anj, COURT STAFF). (Entered: 08/17/2023) (28) |
| Aug 17, 2023 | 37 | MOTION to Stay and Notice filed by Simpson Strong-Tie Company Inc.. Motion Hearing set for 10/3/2023 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 8/31/2023. Replies due by 9/7/2023. (Mauch, Joseph) (Filed on 8/17/2023) (Entered: 08/17/2023) (2) |
| Aug 14, 2023 | 36 | JOINT CASE MANAGEMENT STATEMENT filed by Columbia Insurance Company, MiTek Inc., Simpson Strong-Tie Company Inc. (Mathiowetz, Duane) (Filed on 8/14/2023) Modified on 8/15/2023 (cjl, COURT STAFF). (Entered: 08/14/2023) (17) |
| Aug 11, 2023 | 35 | Notice of Withdrawal of Motion to Dismiss Defendant's Counterclaim (Schroeder, John) (Filed on 8/11/2023) (Entered: 08/11/2023) (2) |
| Aug 10, 2023 | 34 | AMENDED ANSWER to 23 Answer to Complaint, Counterclaim, against All Plaintiffs byS impson Strong-Tie Company Inc. (Mauch, Joseph) (Filed on 8/10/2023) Modified on 8/10/2023 (cjl, COURT STAFF). (Entered: 08/10/2023) (17) |
| Aug 7, 2023 | 33 | ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Scheipeter, Julie) (Filed on 8/7/2023) (Entered: 08/07/2023) (1) |
| Aug 7, 2023 | 32 | ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Mauch, Joseph) (Filed on 8/7/2023) (Entered: 08/07/2023) (1) |
| Aug 3, 2023 | 31 | RESPONSE re 28 Order, Set Deadlines/Hearings Joint Statement Regarding Magistrate Judge Jurisdiction by Columbia Insurance Company, Columbia Insurance Co. and MiTek Inc.. (Mathiowetz, Duane) (Filed on 8/3/2023) Modified on 8/4/2023 (anj, COURT STAFF). (Entered: 08/03/2023) (2) |
| Aug 1, 2023 | 30 | ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 8/1/2023) (Entered: 08/01/2023) (0) |
| Jul 29, 2023 | 29 | Notice of Motion and Motion to Dismiss Counterclaim and to Strike Affirmative Defenses filed by Columbia Insurance Company. Motion Hearing set for 9/12/2023 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 8/14/2023. Replies due by 8/21/2023. (Attachments: # 1 Declaration Declaration of Duane Mathiowetz in Support, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Certificate/Proof of Service Certificate of Counsel regarding ECF Outage, # 8 Proposed Order Proposed Order Granting Motion to Dismiss)(Mathiowetz, Duane) (Filed on 7/29/2023) Modified on 7/31/2023 (anj, COURT STAFF). (Entered: 07/29/2023) (0) |
| Jul 27, 2023 | 28 | MISCELLANEOUS ORDER Joint Statement whether parties consent to proceed before a Magistrate Judge due by 8/3/2023. Signed by Judge Yvonne Gonzalez Rogers on 7/27/2023. (eac, COURT STAFF) (Filed on 7/27/2023) (Entered: 07/27/2023) (1) |
| Jul 18, 2023 | 27 | Plaintiffs' Notice of Other Action Involving Related but different Patent(s) (Mathiowetz, Duane) (Filed on 7/18/2023) Modified on 7/19/2023 (anj, COURT STAFF). (Entered: 07/18/2023) (3) |
| Jul 7, 2023 | 26 | NOTICE of Appearance by Daniel M. Poniatowski (Poniatowski, Daniel) (Filed on 7/7/2023) (Entered: 07/07/2023) (2) |
| Jul 7, 2023 | 25 | NOTICE of Appearance by Joseph Vincent Mauch (Mauch, Joseph) (Filed on 7/7/2023) (Entered: 07/07/2023) (2) |
| Jul 7, 2023 | 24 | Certificate of Interested Entities by Simpson Strong-Tie Company Inc. identifying Other Affiliate Simpson Manufacturing Co., Inc. for Simpson Strong-Tie Company Inc., Simpson Strong-Tie Company Inc.. (Mauch, Joseph) (Filed on 7/7/2023) (Entered: 07/07/2023) (2) |
| Jul 7, 2023 | 23 | Simpson Strong-Tie Company Inc.'s ANSWER to Complaint with Jury Demand Affirmative Defenses, COUNTERCLAIM against All Plaintiffs by Simpson Strong-Tie Company Inc.. (Mauch, Joseph) (Filed on 7/7/2023) Modified on 7/10/2023 (anj, COURT STAFF). (Entered: 07/07/2023) (18) |
| Jun 14, 2023 | 22 | Order by Judge Yvonne Gonzalez Rogers Granting 17 Application for Admission of Attorney Pro Hac Vice. (eac, COURT STAFF) (Filed on 6/14/2023) Modified on 6/14/2023 (eac, COURT STAFF). (Entered: 06/14/2023) (3) |
| Jun 14, 2023 | 21 | Order by Judge Yvonne Gonzalez Rogers Granting 16 Application for Admission of Attorney Pro Hac Vice. (eac, COURT STAFF) (Filed on 6/14/2023) Modified on 6/14/2023 (eac, COURT STAFF). (Entered: 06/14/2023) (3) |
| Jun 14, 2023 | 20 | Order by Judge Yvonne Gonzalez Rogers Granting 15 Application for Admission of Attorney Pro Hac Vice. (eac, COURT STAFF) (Filed on 6/14/2023) Modified on 6/14/2023 (eac, COURT STAFF). (Entered: 06/14/2023) (3) |
| Jun 14, 2023 | 19 | Order by Judge Yvonne Gonzalez Rogers Granting 14 Application for Admission of Attorney Pro Hac Vice. (eac, COURT STAFF) (Filed on 6/14/2023) Modified on 6/14/2023 (eac, COURT STAFF). (Entered: 06/14/2023) (3) |
| Jun 14, 2023 | 18 | Order by Judge Yvonne Gonzalez Rogers Granting 13 Application for Admission of Attorney Pro Hac Vice. (eac, COURT STAFF) (Filed on 6/14/2023) Modified on 6/14/2023 (eac, COURT STAFF). (Entered: 06/14/2023) (3) |
| Jun 14, 2023 | 17 | MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18358422.) filed by Columbia Insurance Company, MiTek Inc.. (Araujo, Judith) (Filed on 6/14/2023) (Entered: 06/14/2023) (3) |
| Jun 14, 2023 | 16 | MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18358399.) filed by Columbia Insurance Company, MiTek Inc.. (Buchheit, Zachary) (Filed on 6/14/2023) (Entered: 06/14/2023) (3) |
| Jun 13, 2023 | 15 | MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18355105.) filed by Columbia Insurance Company, MiTek Inc.. (Eidson, B.) (Filed on 6/13/2023) (Entered: 06/13/2023) (3) |
| Jun 13, 2023 | 14 | MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18355064.) filed by Columbia Insurance Company, MiTek Inc.. (Schroeder, John) (Filed on 6/13/2023) (Entered: 06/13/2023) (3) |
| Jun 13, 2023 | 13 | MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number BCANDC-18354984.) filed by Columbia Insurance Company, MiTek Inc.. (Scheipeter, Julie) (Filed on 6/13/2023) (Entered: 06/13/2023) (3) |
| Jun 2, 2023 | 12 | CLERK'S NOTICE SETTING ZOOM HEARING. You are hereby notified that the Initial Case Management Conference will be held by Zoom Webinar. Joint Case Management Statement is due by 8/14/2023. Initial Case Management Conference set for 8/21/2023 at 02:00 PM in Oakland, - Videoconference Only. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/ygr Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at YGRCRD@cand.uscourts.gov no later than August 18, 2023 at 12:00 PM PST. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (eac, COURT STAFF) (Filed on 6/2/2023) (Entered: 06/02/2023) (1) |
| Jun 1, 2023 | 11 | ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins no longer assigned to cas. Reassignment Order signed by Clerk on 6/1/2023. (Attachments: # 1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 6/1/2023) (Entered: 06/01/2023) (0) |
| May 31, 2023 | 10 | CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND WILL BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 5/31/2023) (Entered: 05/31/2023) (0) |
| May 19, 2023 | 9 | CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Columbia Insurance Company.. (Mathiowetz, Duane) (Filed on 5/19/2023) (Entered: 05/19/2023) (1) |
| May 18, 2023 | 8 | Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/9/2023. Initial Case Management Conference set for 8/16/2023 10:00 AM in San Jose, Courtroom 5, 4th Floor. (jml, COURT STAFF) (Filed on 5/18/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 05/18/2023) (2) |
| May 18, 2023 | 7 | Summons Issued as to Simpson Strong-Tie Company Inc.. (jml, COURT STAFF) (Filed on 5/18/2023) (Entered: 05/18/2023) (1) |
| May 18, 2023 | N/A | ***DISREGARD. FILED IN ERROR BY CLERK*** Electronic filing error. Filer did not add all interested parties when prompted. Re-file this document in its entirety and when prompted, enter all affiliates or corporate parents. Re: 5 Certificate of Interested Entities filed by Columbia Insurance Company (jml, COURT STAFF) (Filed on 5/18/2023) Modified on 5/18/2023 (jml, COURT STAFF). (Entered: 05/18/2023) (0) |
| May 18, 2023 | N/A | Electronic filing error. Incorrect event used. [err101] The correct event is Civil Cover Sheet. The correct event can be found at: Event is located at: Other Filings > Other Documents > Civil Cover Sheet. Corrected by Clerk's Office. No further action is necessary. Re: 2 Complaint filed by Columbia Insurance Company (jml, COURT STAFF) (Filed on 5/18/2023) (Entered: 05/18/2023) (0) |
| May 18, 2023 | 6 | Case assigned to Magistrate Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/1/2023. (bar, COURT STAFF) (Filed on 5/18/2023) (Entered: 05/18/2023) (0) |
| May 17, 2023 | 5 | Rule 7.1 Disclosures by Columbia Insurance Company identifying Corporate Parent Berkshire Hathaway Inc., Other Affiliate BH Columbia, Inc. for Columbia Insurance Company. re 1 Complaint (Mathiowetz, Duane) (Filed on 5/17/2023) (Entered: 05/17/2023) (3) |
| May 17, 2023 | 4 | REPORT on the filing or determination of an action regarding Ptent or Trademark (cc: form mailed to register). (Mathiowetz, Duane) (Filed on 5/17/2023) (Entered: 05/17/2023) (1) |
| May 17, 2023 | 3 | Proposed Summons. (Mathiowetz, Duane) (Filed on 5/17/2023) (Entered: 05/17/2023) (2) |
| May 17, 2023 | 2 | Civil Cover Sheet against Simpson Strong-Tie Company Inc.. Filed by Columbia Insurance Company. (Mathiowetz, Duane) (Filed on 5/17/2023) Modified on 5/18/2023 (jml, COURT STAFF). (Entered: 05/17/2023) (1) |
| May 17, 2023 | 1 | Complaint* (1) |
