Case number 3:17-cv-00970
Digital Outfit, Inc. v. exhibiTEAM et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 24, 2017 | 48 | Complaint (28) |
| Oct 24, 2017 | 48 | Main Document (1) Docket Text: REPORT of Patent and Trademark Closing, regarding patent and/or trademark number(s) See Complaint, re [47] ORDER granting Joint Motion to Dismiss. cc:USPTO (Attachments: # (1) Complaint) (mxn) |
| Oct 24, 2017 | 47 | Order on Motion to Dismiss (3) Docket Text: ORDER granting [45] Joint Motion to Dismiss. Court dismisses this action in its entirety with prejudice. The Clerk is directed to close the case. Court declines to retain jurisdiction over the settlement agreements. Although the parties settled at the ENE held by Judge Burkhardt, the parties have not provided any of the material terms of the settlement agreement to this Court, or a copy of the agreement. Signed by Judge Cynthia Bashant on 10/24/2017. (jah) |
| Oct 20, 2017 | N/A | Order (0) Docket Text: MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: In light of the parties' Joint Motion to Dismiss Action with Prejudice (ECF No. [45] ), the Settlement Disposition Conference currently set for 10/23/2017 is hereby VACATED. (no document attached) (axy) |
| Oct 20, 2017 | 45 | Motion to Dismiss (4) Docket Text: Joint MOTION to Dismiss with Prejudice by Digital Outfit, Inc.. (Ferguson, Lisel). (jah). |
| Sep 20, 2017 | 44 | Order Scheduling Settlement Disposition Conference (1) Docket Text: Minute Order Scheduling Settlement Disposition Conference by Magistrate Judge Jill L. Burkhardt. The parties settled at the ENE Conference. Joint Motion for Dismissal shall be filed by 10/20/2017. Telephonic, Counsel Only Settlement Disposition Conference set for 10/23/2017 02:15 PM before Magistrate Judge Jill L. Burkhardt. If a Joint Motion for Dismissal and Proposed Order for Dismissal are received by 10/20/2017, the Settlement Disposition Conference shall be vacated without further court order. (jah) |
| Sep 18, 2017 | N/A | Early Neutral Evaluation Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: An Early Neutral Evaluation Conference was held on 9/18/2017. The parties settled. (Plaintiff Attorneys Lisel M. Ferguson and Nicholas S. Kawuka). (Defendant Attorneys James M. Peterson and Edwin N. Schwartz). (Counter Defendant Attorneys Lisa Torres and Sandra Visser). (no document attached) (axy) |
| Aug 10, 2017 | 42 | Scheduling Order (6) Docket Text: SCHEDULING ORDER: Case Management Conference was held on 8/7/2017. Any motion to join other parties, to amend the pleadings, or to file additional pleadings shall be filed by 9/25/2017. All motions, other than motions to amend or join parties, or motions in limine shall be filed by 4/20/2018. Any Daubert motions shall be filed along with motions for summary judgment unless no motions for summary judgment will be filed, in which case the parties may file Daubert motions along with motions. Mandatory Settlement Conference set for 4/5/2018 01:45 PM before Magistrate Judge Jill L. Burkhardt. Proposed Pretrial Order due by 8/6/2018. Final Pretrial Conference set for 8/20/2018 11:00 AM before Judge Cynthia Bashant. All motions in limine are due by 9/4/2018. All responses to the motions in limine are due by 9/17/2018. The parties shall submit by 9/17/2018: 1.) joint proposed jury instructions, 2.) proposed verdict form, 3.) voir dire questions, and 4.) statement of the case. Motion In Limine Hearing set for 10/9/2018 10:30 AM before Judge Cynthia Bashant. Jury Trial set for 10/16/2018 09:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Jill L. Burkhardt on 8/10/2017. (jah) |
| Aug 10, 2017 | 41 | Order (1) Docket Text: MINUTE ORDER by Magistrate Judge Jill L. Burkhardt. Continued Early Evaluation Conference set for 9/18/2017 09:00 AM before Magistrate Judge Jill L. Burkhardt. Any update shall be submitted in the form of a joint written statement or individual statements, not to exceed 5 pages in length and shall be lodged with Court by 9/11/2017. (jah) |
| Aug 10, 2017 | 40 | Answer to Counterclaim (17) Docket Text: ANSWER with Jury Demand to [26] Counterclaim by Won Chae Matthews.(Torres, Lisa). Attorney Lisa Torres added to party Won Chae Matthews(pty:cd). Modified on 8/11/2017 - Added jury demand. Edited text (jah). |
| Aug 7, 2017 | N/A | Early Neutral Evaluation Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: An Early Neutral Evaluation Conference was held on August 7, 2017. The parties did not reach a settlement, and therefore a Case Management Conference was held at the conclusion of the Early Neutral Evaluation Conference. Scheduling Order to follow. (Attorneys for Plaintiff and Counterclaim Defendant Digital Outfit, Inc.: Lisel Ferguson & Nicholas S. Kawuka) (Attorney for Defendants exhibiTEAM, Scott Arbogast, & Heidi Fitzgerald: Edwin Neal Schwartz) (Attorney for Defendant and Counterclaim Plaintiff Joshua "Mac" Pittman: James M Peterson) (Attorney for Counterclaim Defendant Won Chae Matthews: Lisa Torres) (no document attached) (jxt) (cxl). |
| Aug 4, 2017 | 38 | Notice (Other) (3) Docket Text: NOTICE of Withdrawal as Attorney of Record by Digital Outfit, Inc., Digital Outfit, Inc. (Quient, Jamie) (jpp). |
| Aug 4, 2017 | 37 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Brook T Barnes on behalf of Digital Outfit, Inc., Digital Outfit, Inc. (Barnes, Brook)Attorney Brook T Barnes added to party Digital Outfit, Inc.(pty:cd), Attorney Brook T Barnes added to party Digital Outfit, Inc.(pty:pla) (jpp). |
| Aug 1, 2017 | N/A | Terminate Deadlines (0) Docket Text: Minute Entry by Magistrate Judge Jill L. Burkhardt: The minute order entered on 7/31/2017 at ECF No. 34 was issued in error. The Court is in receipt of the ENE Statement from Defendants exhibiTEAM, Scott Arbogast, and Heidi Fitzgerald, which was timely submitted. (no document attached) (smm) |
| Jul 31, 2017 | 35 | Answer to Complaint (19) Docket Text: ANSWER to Counterclaim with Jury Demand re [26] Counterclaim by Digital Outfit, Inc., Digital Outfit, Inc..(Ferguson, Lisel). Modified on 8/1/2017 - Duplicate text added. Should be linked to Counterclaim. Corrected entry (jah). |
| Jul 31, 2017 | N/A | Order (0) Docket Text: MINUTE ORDER by Magistrate Judge Jill L. Burkhardt re ECF No. [31] Order Resetting Early Neutral Evaluation and Case Management Conferences to 8/7/2017: ENE Statements were due to the Court by 7/28/2017. The Court is not in receipt of an ENE Statement from Defendants exhibiTEAM, Scott Arbogast, and Heidi Fitzgerald. Defendants are directed that their Statement shall be lodged via email at efile_burkhardt@casd.uscourts.gov no later than tomorrow, 8/1/2017, and SHALL ADDRESS why it is being lodged after the court-ordered deadline. If exhibits are attached and the total submission amounts to more than 20 pages, a hard copy must also be delivered directly to chambers by tomorrow. All parties should otherwise consult and ensure their Statements comply with Chambers Rules and the Court's orders. (no document attached) (smm) |
| Jul 28, 2017 | 33 | Report of Rule 26(f) Planning Meeting (7) Docket Text: REPORT of Rule 26(f) Planning Meeting. (Ferguson, Lisel). (jah). |
| Jul 20, 2017 | 32 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Joshua "Mac" Pittman(an individual). Won Chae Matthews served. (Thorne, Geoffrey). (jah). |
| Jul 18, 2017 | 31 | Order on Motion to Amend/Correct (3) Docket Text: ORDER denying [27] Joint Motion to Amend/Correct [19] Notice and Order for Early Neutral Evaluation Conference. Early Neutral Evaluation Conference continued to 8/7/2017 01:45 PM before Magistrate Judge Jill L. Burkhardt. In the event the case does not settle at the ENE Conference, Case Management Conference set for 8/7/2017, and will be held at the conclusion of the ENE Conference. Joint Proposed Discovery Plan shall be filed in CM/ECF and lodged with Magistrate Judge Burkhardt by 7/28/2017. Signed by Magistrate Judge Jill L. Burkhardt on 7/18/2017. (jah) |
| Jul 14, 2017 | N/A | Status Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: A telephonic, counsel-only Status Conference regarding the parties' Joint Motion to Amend Scheduling Order (ECF No. [27]) was held on July 14, 2017. As discussed during the Conference, the parties are directed to notify Judge Burkhardt's chambers no later than 12:00 PM on Monday, July 17, 2017, whether the Early Neutral Evaluation and Case Management Conferences in this case will go forward as scheduled or on one of the following three alternative dates: (1) August 2, 2017, at 9:00 AM; (2) August 7, 2017, at 1:45 PM; or (3) August 10, 2017, at 1:45 PM. (Attorneys Lisel Ferguson; Geoffrey M. Thorne; Edwin Neal Schwartz; Lisa Torres) (no document attached) (jxt) |
| Jul 14, 2017 | 29 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Nicholas S. Kawuka on behalf of Digital Outfit, Inc., Digital Outfit, Inc. (Kawuka, Nicholas). Attorney Nicholas S. Kawuka added to party Digital Outfit, Inc.(pty:cd), Attorney Nicholas S. Kawuka added to party Digital Outfit, Inc.(pty:pla). (jah). |
| Jul 13, 2017 | N/A | Order (0) Docket Text: MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: A telephonic, counsel-only Status Conference regarding the parties' Joint Motion to Amend Scheduling Order (ECF No. [27]) is SET for tomorrow, July 14, 2017, at 2:00 PM before Magistrate Judge Jill L. Burkhardt. For purposes of the Conference, counsel shall coordinate placing a joint call into Judge Burkhardt's chambers with all participating counsel already on the line. (no document attached) (jxt) |
| Jul 12, 2017 | 27 | Declaration (4) |
| Jul 12, 2017 | 27 | Main Document (5) Docket Text: Joint MOTION to Amend/Correct [19] Notice and Order for Early Neutral Evaluation conference, by Digital Outfit, Inc., Digital Outfit, Inc.. (Attachments: # (1) Declaration)(Ferguson, Lisel)Attorney Lisel Ferguson added to party Digital Outfit, Inc.(pty:cd). (jah). |
| Jul 10, 2017 | 26 | Proof of Service (3) |
| Jul 10, 2017 | 26 | Main Document (49) Docket Text: ANSWER to [1] Complaint, with Jury Demand, COUNTERCLAIM against Won Chae Matthews by Joshua "Mac" Pittman. (Attachments: # (1) Proof of Service)(Thorne, Geoffrey). (jah). |
| Jul 10, 2017 | 25 | Order on Motion for Extension of Time to Answer (2) Docket Text: ORDER granting Defendant Joshua "Mac" Pittman's [22] Motion for Extension of Time to Answer re [1] Complaint. Defendant Joshua "Mac" Pittman shall file answer and counterclaim, attached as Exhibit A to his motion, by 7/12/2017. Signed by Judge Cynthia Bashant on 7/10/2017 (jah) |
| Jul 6, 2017 | 24 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Joshua "Mac" Pittman. Won Chae Matthews served. (Thorne, Geoffrey). (jah). |
| Jun 30, 2017 | 23 | Response in Opposition to Motion (4) Docket Text: RESPONSE in Opposition re [22] MOTION for Extension of Time to File Answer and Counterclaim, or, in the Alternative, Leave to File Answer and Counterclaim filed by Digital Outfit, Inc., Digital Outfit, Inc., Won Chae Matthews. (Ferguson, Lisel). (jah). |
| Jun 29, 2017 | 22 | Memo of Points and Authorities (8) |
| Jun 29, 2017 | 22 | Main Document (3) Docket Text: MOTION for Extension of Time to File Answer and Counterclaim, or, in the Alternative, Leave to File Answer and Counterclaim by Joshua "Mac" Pittman. (Attachments: # (1) Exhibit in Support, # (2) Memo of Points and Authorities, # (3) Declaration of R. Michael Jones, # (4) Declaration of Geoffrey M. Thorne, # (5) Proof of Service)(Thorne, Geoffrey). Modified on 6/30/2017 - Wrong event. QC Email sent. Corrected motion event and removed duplicative text (jah). |
| Jun 29, 2017 | 22 | Exhibit in Support (50) |
| Jun 29, 2017 | 22 | Declaration of R. Michael Jones (3) |
| Jun 29, 2017 | 22 | Declaration of Geoffrey M. Thorne (3) |
| Jun 29, 2017 | 22 | Proof of Service (4) |
| Jun 27, 2017 | 21 | Order Striking Document (2) Docket Text: Order Striking Document re [14] Answer to Complaint filed by Joshua "Mac" Pittman. Court strikes Mr. Pittman's untimely answer [14]. Before Mr. Pittman is given leave to file his untimely answer, he must demonstrate excusable neglect as defined under Rule 6(b). Signed by Judge Cynthia Bashant on 6/27/2017. (jah) |
| Jun 26, 2017 | 20 | Proof of Service (3) |
| Jun 26, 2017 | 20 | Main Document (2) Docket Text: NOTICE of Appearance by James M Peterson on behalf of Joshua "Mac" Pittman (Attachments: # (1) Proof of Service)(Peterson, James). Attorney James M Peterson added to party Joshua "Mac" Pittman(pty:dft), Attorney James M Peterson added to party Joshua "Mac" Pittman(pty:cc). (jah). |
| Jun 21, 2017 | 19 | Notice and Order for Early Neutral Evaluation conference (7) Docket Text: NOTICE AND ORDER Setting Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation set for 7/24/2017 01:45 PM before Magistrate Judge Jill L. Burkhardt. In the event the case does not settle at the ENE Conference, Case Management Conference set for 7/24/2017, and will be held at the conclusion of the ENE Conference. Each party shall provide Plaintiff's counsel with a executed copy of the attached Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, if (and only if) all parties have consented to the reference to a magistrate judge, Plaintiff shall file the consent form with the Clerk's Office in paper format by 7/6/2017. the consent form(s) shall not be electronically filed through CM/ECF. Rule 26(f) conference shall be completed by 7/10/2017. Joint Discovery Plan shall be filed in CM/ECF as well as lodged with Magistrate Judge Burkhardt by 7/14/2017. Signed by Magistrate Judge Jill L. Burkhardt on 6/21/2017. (jah) |
| Jun 19, 2017 | N/A | Fee for Civil Case Opening (0) Docket Text: FILED IN ERROR - Fee for Civil Case Opening: $ 400, receipt number 0974-10177579, Paid on 6/19/2017. (no document attached) (Schwartz, Edwin). Modified on 6/20/2017 - No fee required to file an Answer. QC Email sent. Financial contacted (jah). |
| Jun 19, 2017 | 17 | Proof of Service (1) |
| Jun 19, 2017 | 17 | Main Document (30) Docket Text: ANSWER to [1] Complaint, with Jury Demand by Scott Arbogast, Heidi Fitzgerald, exhibiTEAM. (Attachments: # (1) Proof of Service)(Schwartz, Edwin). Modified on 6/20/2017 - Removed duplicate attachment description text (jah). |
| Jun 14, 2017 | 16 | Order on Motion for Extension of Time to Answer (2) Docket Text: AMENDED ORDER granting [10] Joint Motion for Extension of Time to Answer re [1] Complaint. Defendants Scott Arbogast, Heidi Fitzgerald, and exhibiTEAM shall answer to the Complaint by 6/20/2017. This Order supersedes and vacates the previously issued 6/8/2017 Order [12]. This Order does not alter the response deadline for any remaining defendants. Signed by Judge Cynthia Bashant on 6/14/2017. (jah) |
| Jun 14, 2017 | 15 | Summons Issued (2) Docket Text: Summons Issued on Counterclaim. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jah) |
| Jun 13, 2017 | 14 | Proof of Service (3) |
| Jun 13, 2017 | 14 | Main Document (49) Docket Text: STRICKEN AS TO ANSWER PER 6/27/2017 ORDER [21] - ANSWER to [1] Complaint, with Jury Demand; COUNTERCLAIM against Digital Outfit, Inc., Won Chae Matthews by Joshua "Mac" Pittman. (Attachments: # (1) Proof of Service) (Summons requested) (Thorne, Geoffrey). Attorney Geoffrey M. Thorne added to party Joshua "Mac" Pittman(pty:dft). Modified on 6/13/2017 to indicated summons requested per attorney (dlg). Modified on 6/14/2017 - Corrected Docket as to Counter-Defendants. Summons on Counterclaim issued (jah). Modified on 6/27/2017 edited to reflect only Answer as stricken. Term date added to Answer (jah). |
| Jun 12, 2017 | 13 | Declaration (3) |
| Jun 12, 2017 | 13 | Main Document (3) Docket Text: Request for Entry of Clerk Default against Defendant Joshua Mac Pittman. (Attachments: # (1) Declaration)(Ferguson, Lisel) (lrf). |
| Jun 8, 2017 | 12 | Order on Motion for Extension of Time to Answer (1) Docket Text: VACATED ON 6/14/2017 PER ORDER [16] - ORDER granting [10] Motion for Extension of Time to Answer re [1] Complaint. Defendants Scott Arbogast, Heidi Fitzgerald and exhibiTEAM shall answer to the Complaint by 6/20/2017. Signed by Judge Cynthia Bashant on 6/8/2017. (jah). Modified on 6/14/2017 - Edited to reflect as vacated per [16] Order (jah). |
| Jun 7, 2017 | 11 | Certificate of Service (1) Docket Text: CERTIFICATE OF SERVICE by Scott Arbogast, Heidi Fitzgerald, exhibiTEAM re [10] Joint MOTION for Extension of Time to File Answer re [1] Complaint (Schwartz, Edwin). (jah). |
| Jun 6, 2017 | 10 | Motion for Extension of Time to File Answer (2) Docket Text: Joint MOTION for Extension of Time to File Answer [1] Complaint by Scott Arbogast, Heidi Fitzgerald, exhibiTEAM. (Schwartz, Edwin). Attorney Edwin Neal Schwartz added to party Scott Arbogast(pty:dft), Attorney Edwin Neal Schwartz added to party Heidi Fitzgerald(pty:dft), Attorney Edwin Neal Schwartz added to party exhibiTEAM(pty:dft). Modified on 6/7/2017 - No Proof of Service. QC Email sent to file Proof of Service. Add link to Complaint (jah). Modified on 6/14/2017 - Removed term date, Amended Order filed (jah). |
| May 19, 2017 | 9 | Summons Returned Executed (1) Docket Text: SUMMONS Returned Executed by Digital Outfit, Inc.. Joshua "Mac" Pittman served. (Quient, Jamie). (jah). |
| May 19, 2017 | 8 | Summons Returned Executed (1) Docket Text: SUMMONS Returned Executed by Digital Outfit, Inc.. Heidi Fitzgerald served. (Quient, Jamie) . (jah). |
| May 19, 2017 | 7 | Summons Returned Executed (1) Docket Text: SUMMONS Returned Executed by Digital Outfit, Inc.. Scott Arbogast served. (Quient, Jamie). (jah). |
| May 19, 2017 | 6 | Summons Returned Executed (1) Docket Text: SUMMONS Returned Executed by Digital Outfit, Inc.. exhibiTEAM served. (Quient, Jamie). (jah). |
| May 16, 2017 | 5 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Jamie Duitz Quient on behalf of Digital Outfit, Inc. (Quient, Jamie). Attorney Jamie Duitz Quient added to party Digital Outfit, Inc. (pty:pla). (jah). |
| May 10, 2017 | 4 | Summons Issued (2) Docket Text: Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (fth) (jao). |
| May 10, 2017 | 3 | Complaint (28) |
| May 10, 2017 | 3 | Main Document (1) Docket Text: REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *See Attachment* cc:USPTO (Attachments: # (1) Complaint) (fth) (jao). |
| May 10, 2017 | 2 | Notice of Party With Financial Interest (2) Docket Text: NOTICE of Party With Financial Interest by Digital Outfit, Inc.. No Parties With Financial Interest. (fth) (jao). |
| May 10, 2017 | 1 | Exhibit C (10) |
| May 10, 2017 | 1 | Exhibit B (36) |
| May 10, 2017 | 1 | Exhibit A (8) |
| May 10, 2017 | 1 | Civil Cover Sheet (2) |
| May 10, 2017 | 1 | Main Document (28) Docket Text: COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 400 receipt number 0974-10066970.), filed by Digital Outfit, Inc.. (Attachments: # (1) Civil Cover Sheet, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C) The new case number is 3:17-cv-970-BAS-JLB. Judge Cynthia Bashant and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Ferguson, Lisel)(fth) (jao). |
