Case number 5:17-cv-00392
FirstPower Group LLC v. WD-40 Company et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Nov 9, 2017 | 57 | Report Regarding Patent or Trademark Action - AO120 (3) Docket Text: Report on the Determination [Closing] of an Action Regarding a Patent or Trademark (AO120). (K,Ca) |
| Oct 16, 2017 | 56 | Order Dismissing Case (2) Docket Text:Stipulation and Order of Dismissal: Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), plaintiff and defendants jointly stipulate and agree to the dismissal of all of FirstPower's claims against all of the defendants with prejudice and the dismissal of all of defendants' counterclaims against FirstPower with prejudice, with plaintiffs and defendants to each bear their own costs and attorneys' fees and no party pursuing any other party for attorneys' fees or costs in the above-captioned litigation. (Related Doc. No. [55]). Judge Sara Lioi on 10/16/2017. (P,J) |
| Oct 13, 2017 | 55 | Notice (3) Docket Text: Joint Stipulation of Dismissal of All Claims and Counterlciams with Prejudice filed by All Defendants. (Cunning, Jessica). Modified text on 10/13/2017 (D,JJ). |
| Aug 24, 2017 | N/A | Case Management Conference (0) Docket Text:Minutes of proceedings [non-document] before Judge Sara Lioi. On August 24, 2017, the Court conducted a telephonic case management conference with counsel only. Attorneys Roger Emerson and Chad Rothschild participated on behalf of plaintiff. Attorneys Tamar Duvdevani, Jessica Knopp Cunning, and Michael Garvin participated on behalf of defendants. The Court discussed dates and deadlines for the management of this case which will be separately published in a Case Management Plan and Trial Order. Counsel advised that the parties are scheduled to meet on September 13, 2017 to discuss possible early resolution of this matter. If at any time the parties desire to engage in court-assisted mediation, counsel should jointly contact the Court. (Court Reporter: None) (Time: 10 minutes) (P,J) |
| Aug 24, 2017 | 52 | Preliminary Estimate/Budget of Amount of Fees and Expenses (3) Docket Text: Preliminary Estimate/Budget of Amount of Fees and Expenses filed by All Defendants. Related document(s)[50].(Cunning, Jessica) |
| Aug 24, 2017 | 53 | Preliminary Estimate/Budget of Amount of Fees and Expenses (2) Docket Text: Preliminary Estimate/Budget of Amount of Fees and Expenses filed by FirstPower Group LLC. Related document(s)[50].(Rothschild, Chad) |
| Aug 24, 2017 | 54 | Case Management Conference Plan/Order (14) Docket Text:Case Management Plan and Trial Order. Case is assigned to the standard track. Deadline to add parties or amend pleadings 11/30/2017; Deadline for completing non-expert discovery 3/16/2018; The parties will agree to a method for conducting discovery of electronically-stored information; Deadline for party with burden of proof to identify experts and provide reports 4/6/2018; Deadline to identify rebuttal experts and provide reports 5/7/2018; Deadline for completing expert discovery 6/8/2018; Deadline for filing dispositive motions 6/29/2018; Deadline for filing oppositions to motions 7/27/2018; Deadline for filing replies to responses 8/8/2018; Status Conference set for 3/29/2018 at 11:00 a.m.; Final Pretrial Conference set for 11/20/2018 at 1:30 p.m.; Jury Trial set on two week standby period beginning 12/10/2018 at 8:00 a.m. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 8/24/2017. (P,J) |
| Aug 21, 2017 | 51 | Report of Parties' Planning Meeting (4) Docket Text: Joint Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by All Defendants. Related document(s)[50].(Cunning, Jessica) |
| Aug 9, 2017 | N/A | Notice of Hearing or Conference (0) Docket Text: Notice [non-document]. The Telephone Case Management Conference, with counsel, scheduled for 8/24/2017 at 2:00 p.m. is rescheduled to 4:30 p.m. The telephone conference will be initiated by plaintiff's counsel. After all counsel are on line, plaintiff's counsel is to place the call to the Chambers of the Honorable Sara Lioi at (330) 252-6060. (P,J) |
| Jul 18, 2017 | 49 | Memorandum Opinion and Order (27) Docket Text:Memorandum Opinion: Plaintiff's motion for preliminary injunction (Doc. No. [4]) is denied. Judge Sara Lioi on 7/18/2017. (P,J) |
| Jul 18, 2017 | 50 | Main Document (5) Docket Text:Case Management Conference Scheduling Order. Telephone case management conference, with counsel only, to be held on 8/24/2017 at 2:00 p.m. before Judge Sara Lioi. The telephone conference will be initiated by plaintiff's counsel. After all counsel are on line, plaintiff's counsel is to place the call to the Chambers of the Honorable Sara Lioi at (330) 252-6060. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply. Plaintiff must serve on opposing parties the initial disclosures by 8/3/2017. All other parties must serve on opposing parties the initial disclosures by 8/10/2017. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 7/18/2017. (Attachments: # (1) Report of Parties' Planning Meeting)(P,J) |
| Jul 18, 2017 | 50 | Report of Parties' Planning Meeting (3) |
| May 22, 2017 | 48 | Order (2) Docket Text:Order granting motion by retailer defendants to stay proceedings. (Doc. No. [36].) In issuing this Order, the Court does not make any findings or rulings with respect to the merits of FirstPower's claims for liability or damages against WD-40 Company or WD-40 Manufacturing Company in this case. Judge Sara Lioi on 5/22/2017. (P,J) |
| May 19, 2017 | N/A | Minute Order _ Scheduling Conference (0) Docket Text:Minute Order [non-document]: On 5/16/2017, the Court conducted a hearing on plaintiff's motion for a preliminary injunction. Participating on behalf of plaintiff were attorneys Chad Rothschild and Roger Emerson. Participating on behalf of defendants were attorneys Michael Garvin, Jessica Cunning, and Tamar Durdevani. Plaintiff representatives Jack Harley, Jason Wills, and James R. White (expert) were present. Defendant representatives Rich Clampitt and Timothy Lesmeister (by video) were present. Prior to the hearing, the Court ruled on two pending motions. Defendant retailers' motion to stay proceedings as to Wal-Mart Stores East LP, Lowe's Home Centers LLC, and Home Depot U.S.A. Inc., is granted. (Doc. No. [36].) Counsel for plaintiffs shall review the retailer defendants' proposed order found at Doc. No. 36-1 and, if the proposed order is not acceptable to plaintiff in its present form, plaintiff shall notify the Court of any proposed additions or deletions by 5/22/2017. In addition, the parties agreed that United States Patent and Trademark Office file relating to the trademark application at issue in this case is self-authenticating and that the documents therein "say what they say." Accordingly, plaintiff's motion to strike (Doc. No. [41]), and defendants' alternative motion to amend their answer (Doc. No. [43]), are both moot and denied as such. Finally, plaintiff's motion to quash the subpoena to Attorney Emerson proved to be moot because defendants did not call Attorney Emerson to testify. The Clerk is directed to terminate the motion to quash. (Doc. No. [45].) With respect to the hearing, the Court heard testimony regarding plaintiff's motion for preliminary injunction. (Doc. No. [4].) Opening statements were made by counsel. Witness testimony was taken and exhibits were admitted. Closing arguments were made by counsel. At the conclusion of the hearing, the Court took plaintiff's motion for preliminary injunction under advisement. (Time: 5 hrs.) (Court reporter: Caroline Mahnke.) Judge Sara Lioi on 5/19/2017. (P,J) |
| May 19, 2017 | 47 | Exhibit List (3) Docket Text: Exhibit and Witness List from Preliminary Injunction Hearing held on 5/16/2017. (P,J) |
| May 16, 2017 | 46 | Brief (6) Docket Text: Brief in Opposition to Plaintiff's Motion to Quash Subpoena to Attorney Roger D. Emerson or For Protective Order filed by Home Depot, U.S.A., Inc., Lowe's Home Centers, LLC, WD-40 Company, WD-40 Manufacturing Company. Related document(s)[45]. (Garvin, Michael) |
| May 15, 2017 | 44 | Reply (5) Docket Text:Reply in support of [41] Motion to strike Portions of the Answer Filed by WD-40 Company and WD-40 Manufacturing Company , and Response in opposition to [43] Motion for leave to Amend its Answer filed by FirstPower Group LLC. (Rothschild, Chad) Modified text on 5/15/2017 (D,JJ). |
| May 15, 2017 | 45 | Main Document (6) Docket Text:Motion to quash subpoena to Attorney Roger D. Emerson, or Motion for Protective Order filed by Counter-Defendant FirstPower Group LLC, Plaintiff FirstPower Group LLC. (Attachments: # (1) Exhibit A: Subpoena to Attorney Roger D. Emerson, Trial Counsel for Plaintiff, # (2) Exhibit B: May 14, 2017 e-mail chain, # (3) Proposed Order granting Motion to Quash Subpoena to Attorney Roger D. Emerson or for Protective Order) (Rothschild, Chad). Added Motion for protective order on 5/15/2017 (D,JJ). |
| May 15, 2017 | 45 | Exhibit A: Subpoena to Attorney Roger D. Emerson, Trial Counsel for Plaintiff (3) |
| May 15, 2017 | 45 | Exhibit B: May 14, 2017 e-mail chain (3) |
| May 15, 2017 | 45 | Proposed Order granting Motion to Quash Subpoena to Attorney Roger D. Emerson or (1) |
| May 8, 2017 | 43 | Motion for leave (8) Docket Text:Opposition to [41] Motion to strike Portions of the Answer Filed by WD-40 Company and WD-40 Manufacturing Company or, alternatively, Motion for Leave to Amend its Answer filed by WD-40 Company, WD-40 Manufacturing Company. (Cunning, Jessica) Modified text on 5/9/2017 (D,JJ). |
| May 1, 2017 | 42 | Reply (9) Docket Text:Reply in support of [36] Motion to stay Proceedings Against Retailer Defendants filed by Home Depot, Inc., Home Depot, U.S.A., Inc., Lowe's Home Centers, LLC, WD-40 Company. (Garvin, Michael) |
| Apr 25, 2017 | 40 | Answer (10) Docket Text:Answerto Counterclaims by WD-40 Company and WD-40 Manufacturing Company filed by FirstPower Group LLC. Related document(s)[24]. (Rothschild, Chad) |
| Apr 25, 2017 | 41 | Main Document (5) Docket Text:Motion to strike Portions of the Answer Filed by WD-40 Company and WD-40 Manufacturing Company and Memorandum in Support filed by Plaintiff FirstPower Group LLC. Related document(s)[24]. (Attachments: # (1) Proposed Order granting Motion to Strike)(Rothschild, Chad) |
| Apr 25, 2017 | 41 | Proposed Order granting Motion to Strike (1) |
| Apr 24, 2017 | 39 | Main Document (11) Docket Text:Response to [36] Motion to stay Proceedings Against Retailer Defendants filed by FirstPower Group LLC. (Attachments: # (1) Proposed Order regarding Motion to Stay Proceedings Against Retailer Defendants)(Rothschild, Chad) |
| Apr 24, 2017 | 39 | Proposed Order regarding Motion to Stay Proceedings Against Retailer Defendants (2) |
| Apr 18, 2017 | N/A | Notice of Hearing or Conference (0) Docket Text: Notice [non-document]: Hearing on plaintiff's motion for preliminary injunction (Doc. No. [4]) set for 5/16/2017 at 1:30 PM in Courtroom 530 before Judge Sara Lioi. (P,J) |
| Apr 18, 2017 | 38 | Main Document (17) Docket Text:Reply in support of [4] Motion for preliminary injunction filed by FirstPower Group LLC. (Attachments: # (1) Exhibit A: Excerpt from WD-40 Company 2017 Q2 Earnings Call Transcript, # (2) Exhibit B: Expert Declaration of James R. White, # (3) Exhibit C: Screenshots from WD-40's Website, # (4) Exhibit D: WD-40 Long-Term Corrosion Inhibitor, # (5) Exhibit E: Use of Orange Trade Dress by WD-40)(Rothschild, Chad) |
| Apr 18, 2017 | 38 | Exhibit A: Excerpt from WD-40 Company 2017 Q2 Earnings Call Transcript (3) |
| Apr 18, 2017 | 38 | Exhibit B: Expert Declaration of James R. White (87) |
| Apr 18, 2017 | 38 | Exhibit C: Screenshots from WD-40's Website (3) |
| Apr 18, 2017 | 38 | Exhibit D: WD-40 Long-Term Corrosion Inhibitor (1) |
| Apr 18, 2017 | 38 | Exhibit E: Use of Orange Trade Dress by WD-40 (1) |
| Apr 13, 2017 | N/A | Order on Motion to exceed page limitations (0) Docket Text:Order [non-document] granting plaintiff's motion to increase the page limit for its reply brief in support of the motion for preliminary injunction to 15 pages. (Doc. No. [37].) Judge Sara Lioi on 4/13/2017.(P,J) |
| Apr 12, 2017 | 37 | Main Document (2) Docket Text:Motion for leave to exceed page limitations filed by Counter-Defendant FirstPower Group LLC, Plaintiff FirstPower Group LLC. Related document(s)[4], [6], [34]. (Attachments: # (1) Proposed Order Granting Plaintiff's Motion for Leave to Exceed Page Limitations)(Rothschild, Chad) |
| Apr 12, 2017 | 37 | Proposed Order Granting Plaintiff's Motion for Leave to Exceed Page Limitat (1) |
| Apr 11, 2017 | N/A | Minute Order _ Telephone Conference (0) Docket Text:Minute Order [non-document]: On April 11, 2017, the Court conducted a telephonic conference with counsel only to discuss plaintiff's pending motions for preliminary injunction and for expedited discovery. Attorneys Roger Emerson and Chad Rothschild participated on behalf of plaintiff, and Attorneys Tamar Duvdevani, Jessica Knopp Cunning and Michael Garvin participated on behalf of defendants. Counsel for both sides presented their arguments as to plaintiff's motion for expedited discovery. Plaintiff's counsel conceded that plaintiff could proceed with the preliminary injunction hearing without discovery. Moreover, any discovery that would be relevant to a preliminary injunction hearing would be in the possession of the plaintiff. As such, plaintiff's motion for expedited discovery is denied. (Doc. No. [22].) With respect to plaintiff's motion for a preliminary injunction, the Court provided counsel with three options regarding hearing dates: April 28, 2017 at 1:30 p.m., or May 1 or 2, 2017. Counsel shall confer with each other and their clients, and advise the Court's courtroom deputy by email regarding the best date and time among those three choices for the hearing. Judge Sara Lioi on 4/11/2017. (Time: 30 minutes) (P,J) |
| Apr 10, 2017 | 36 | Main Document (13) Docket Text:Motion to stay Proceedings Against Retailer Defendants filed by Home Depot, U.S.A., Inc., Lowe's Home Centers, LLC, WD-40 Company, WD-40 Manufacturing Company, Wal-Mart Stores East, LP. Related document(s)[1]. (Attachments: # (1) Proposed Order Granting Motion to Stay Against Retailer Defendants)(Cunning, Jessica) |
| Apr 10, 2017 | 36 | Proposed Order Granting Motion to Stay Against Retailer Defendants (2) |
| Apr 5, 2017 | 35 | Order and Notice of Party Dismissal (1) Docket Text:Order: Before the Court is the parties' stipulation of dismissal without prejudice of defendant The Home Depot, Inc. pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), which the Court construes as a motion. (Doc. No. [31].) Rule 21 provides that: "On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party." The parties' stipulation to dismiss defendant The Home Depot, Inc. is granted. The Home Depot, Inc. is dismissed from this action without prejudice. Judge Sara Lioi on 4/5/2017. (P,J) |
| Apr 4, 2017 | 24 | Answer to Complaint (30) Docket Text:Answer to [1] Complaint, with Jury Demand, Counterclaim against FirstPower Group LLC filed by WD-40 Manufacturing Company, WD-40 Company. (Cunning, Jessica) |
| Apr 4, 2017 | 25 | Corporate Disclosure Statement (3) Docket Text: Corporate Disclosure Statement filed by WD-40 Company. (Cunning, Jessica) |
| Apr 4, 2017 | 26 | Corporate Disclosure Statement (3) Docket Text: Corporate Disclosure Statement identifying Corporate Parent WD-40 Company for WD-40 Manufacturing Company filed by WD-40 Manufacturing Company. (Cunning, Jessica) |
| Apr 4, 2017 | 27 | Answer to Complaint (30) Docket Text:Answer to [1] Complaint of Plaintiff FirstPower Group, LLC filed by Lowe's Home Centers, LLC. (Cunning, Jessica) Modified text on 4/4/2017 (D,JJ). |
| Apr 4, 2017 | 28 | Corporate Disclosure Statement (3) Docket Text: Corporate Disclosure Statement identifying Corporate Parent Lowe's Companies, Inc. for Lowe's Home Centers, LLC filed by Lowe's Home Centers, LLC. (Cunning, Jessica) |
| Apr 4, 2017 | 29 | Answer to Complaint (30) Docket Text:Answer to [1] Complaint of Plaintiff FirstPower Group LLC filed by Wal-Mart Stores East, LP. (Cunning, Jessica) Modified text on 4/4/2017 (D,JJ). |
| Apr 4, 2017 | 30 | Corporate Disclosure Statement (3) Docket Text: Corporate Disclosure Statement identifying Corporate Parent Wal-Mart Stores, Inc. for Wal-Mart Stores East, LP filed by Wal-Mart Stores East, LP. (Cunning, Jessica) |
| Apr 4, 2017 | 31 | Stipulation (3) Docket Text: Proposed Stipulation to Dismiss Home Depot, Inc. Without Prejudice filed by Home Depot, Inc., Home Depot, U.S.A., Inc., Lowe's Home Centers, LLC, WD-40 Company, WD-40 Manufacturing Company, Wal-Mart Stores East, LP. (Cunning, Jessica) Modified text on 4/5/2017 (S,HR). |
| Apr 4, 2017 | 32 | Answer to Complaint (30) Docket Text:Answer to [1] Complaint filed by Home Depot, U.S.A., Inc. (Cunning, Jessica) |
| Apr 4, 2017 | 33 | Corporate Disclosure Statement (3) Docket Text: Corporate Disclosure Statement identifying Other Affiliate Home Depot, Inc. for Home Depot, U.S.A., Inc. filed by Home Depot, U.S.A., Inc. (Cunning, Jessica) |
| Apr 4, 2017 | 34 | Main Document (38) Docket Text:Opposition to [4] Motion for preliminary injunction filed by All Defendants. (Attachments: # (1) Exhibit 1 - Excerpts from Plaintiff's Website, # (2) Exhibit 2 - Plaintiff's Trademark File History, # (3) Exhibit 3 - Lesmeister Decl., # (4) Exhibit 4 - Michel Decl., # (5) Exhibit 5 - WD-40 Chronology of Trademark Applications, # (6) Exhibit 6 - USPTO Communications, # (7) Exhibit 7 - Clampitt Decl., # (8) Exhibit 8 - Clark Decl.)(Garvin, Michael) |
| Apr 4, 2017 | 34 | Exhibit 1 - Excerpts from Plaintiff's Website (25) |
| Apr 4, 2017 | 34 | Exhibit 2 - Plaintiff's Trademark File History (197) |
| Apr 4, 2017 | 34 | Exhibit 3 - Lesmeister Decl. (5) |
| Apr 4, 2017 | 34 | Exhibit 4 - Michel Decl. (142) |
| Apr 4, 2017 | 34 | Exhibit 5 - WD-40 Chronology of Trademark Applications (213) |
| Apr 4, 2017 | 34 | Exhibit 6 - USPTO Communications (23) |
| Apr 4, 2017 | 34 | Exhibit 7 - Clampitt Decl. (18) |
| Apr 4, 2017 | 34 | Exhibit 8 - Clark Decl. (57) |
| Mar 31, 2017 | 23 | Response (4) Docket Text:Response to [22] Motion for Limited Expedited Discovery from the WD-40 Defendants filed by WD-40 Company, WD-40 Manufacturing Company. (Garvin, Michael) Modified text on 3/31/2017 (G,CA). |
| Mar 30, 2017 | N/A | Order on Motion to Appear Pro Hac (0) Docket Text:Order [non-document] granting motion for appearance pro hac vice by attorney Tamar Y. Duvdevani for defendants Home Depot Inc., Home Depot U.S.A. Inc., WD-40 Company, and WD-40 Manufacturing Company. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc # [21]). Judge Sara Lioi on 3/30/2017.(P,J) |
| Mar 29, 2017 | 22 | Main Document (8) Docket Text:Motion for Limited Expedited Discovery from the WD-40 Defendants and Memorandum in Support filed by Plaintiff FirstPower Group LLC. Related document(s)[4]. (Attachments: # (1) Exhibit A: Plaintiff's First Set of Combined Interrogatories and Requests for Production of Documents to WD-40 Manufacturing Company, # (2) Exhibit B: Plaintiff's First Set of Combined Interrogatories and Requests for Production of Documents to WD-40 Company, # (3) Proposed Order Granting Limited Expedited Discovery)(Rothschild, Chad) |
| Mar 29, 2017 | 22 | Exhibit A: Plaintiff's First Set of Combined Interrogatories and Requests f (10) |
| Mar 29, 2017 | 22 | Exhibit B: Plaintiff's First Set of Combined Interrogatories and Requests f (10) |
| Mar 29, 2017 | 22 | Proposed Order Granting Limited Expedited Discovery (1) |
| Mar 28, 2017 | 21 | Main Document (4) Docket Text:Motion for attorney Tamar Y. Duvdevani to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8088303, filed by Home Depot, Inc., Home Depot, U.S.A., Inc., WD-40 Company, WD-40 Manufacturing Company. (Attachments: # (1) Affidavit, # (2) Proposed Order)(Cunning, Jessica) Modified duplicate text on 3/29/2017 (G,CA). |
| Mar 28, 2017 | 21 | Affidavit (2) |
| Mar 28, 2017 | 21 | Proposed Order (1) |
| Mar 23, 2017 | N/A | Order on Motion for extension of time to answer (0) Docket Text:Order [non-document] regarding defendants' motions to extend deadlines and page limits, both of which are granted. (Doc. Nos. [19] and [20].) Defendants are granted leave until April 4, 2017, to answer or otherwise respond to plaintiff's complaint, and to file their opposition (not to exceed thirty (30) pages) to plaintiff's motion for preliminary injunction. Judge Sara Lioi on 3/23/2017.(P,J) |
| Mar 23, 2017 | N/A | Notice of Hearing or Conference (0) Docket Text: Notice [non-document]: Telephone Status Conference, with counsel only, set for 4/11/2017 at 9:00 AM before Judge Sara Lioi. The telephone conference will be initiated by plaintiff's counsel. After all counsel are on line, plaintiff's counsel is to place the call to the Chambers of the Honorable Sara Lioi at (330) 252-6060. (P,J) |
| Mar 20, 2017 | 15 | Motion for extension of time to answer (4) Docket Text: FILING ERROR - INCORRECT DOCUMENT - SEE [19] - First Motion for extension of time until April 4, 2017 to answer Complaint filed by Home Depot, Inc., Home Depot, U.S.A., Inc., Lowe's Home Centers, LLC, WD-40 Company, WD-40 Manufacturing Company, Wal-Mart Stores East, LP. Related document(s)[1]. (Garvin, Michael) Modified to note filing error, added link, attorney notified and NEF regenerated on 3/21/2017 (M,TL). |
| Mar 20, 2017 | 16 | Motion for order (1) Docket Text: Proposed Order Granting Defendants' Motion for Extension of Time to Respond to Complaint filed by Home Depot, Inc., Home Depot, U.S.A., Inc., Lowe's Home Centers, LLC, WD-40 Company, WD-40 Manufacturing Company, Wal-Mart Stores East, LP. Related document(s)[15]. (Garvin, Michael) Modified text on 3/20/2017 (R,Sh). Modified to term motion as document is proposed order on 3/21/2017 (M,TL). |
| Mar 20, 2017 | 17 | Motion for order (4) Docket Text: FILING ERROR - INCORRECT DOCUMENT - SEE [20] - Unopposed Motion for Determination of Deadline to Oppose Plaintiff's Motion for Preliminary Injunction and Extension of Page Limit for Opposition to Plaintiff's Motion for Preliminary Injunction filed by Home Depot, Inc., Home Depot, U.S.A., Inc., Lowe's Home Centers, LLC, WD-40 Company, WD-40 Manufacturing Company, Wal-Mart Stores East, LP. Related document(s)[4]. (Garvin, Michael) Modified to note filing error, added link, attorney notified and NEF regenerated on 3/21/2017 (M,TL). |
| Mar 20, 2017 | 18 | Motion for order (1) Docket Text: Proposed Order Granting Defendants' Motion for Determination of Deadline to Oppose Plaintiff's Motion for Preliminary Injunction and Extension of Page Limit for Opposition to Plaintiff's Motion for Preliminary Injunction filed by Home Depot, Inc., Home Depot, U.S.A., Inc., Lowe's Home Centers, LLC, WD-40 Company, WD-40 Manufacturing Company, Wal-Mart Stores East, LP. Related document(s)[17]. (Garvin, Michael) Modified to term motion as document is a proposed order on 3/21/2017 (M,TL). |
| Mar 20, 2017 | 19 | Motion for extension of time to answer (4) Docket Text:Motion for extension of time until April 4, 2017 to answer Complaint filed by Home Depot, Inc., Home Depot, U.S.A., Inc., Lowe's Home Centers, LLC, WD-40 Company, WD-40 Manufacturing Company, Wal-Mart Stores East, LP. Related document(s)[1]. (Garvin, Michael) |
| Mar 20, 2017 | 20 | Motion for preliminary injunction (5) Docket Text: Unopposed Motion for determination of deadline to oppose Plaintiff's [4] Motion for preliminary injunction and an extension of the page limit for the opposition to plaintiff's motion for preliminary injunction filed by Home Depot, Inc., Home Depot, U.S.A., Inc., Lowe's Home Centers, LLC, WD-40 Company, WD-40 Manufacturing Company, Wal-Mart Stores East, LP. (Garvin, Michael) Modified text to match document on 3/24/2017 (M,TL). |
| Mar 13, 2017 | 13 | Return of Service Executed (2) Docket Text: Return of Service by Clerk by certified mail executed upon Wal-Mart Stores East, LP on 3/6/2017, filed on behalf of FirstPower Group LLC Related document(s)[5]. (P,G) |
| Mar 13, 2017 | 14 | Return of Service Unexecuted (2) Docket Text: Return of Service by Clerk unexecuted upon WD-40 Manufacturing Company. Service attempted by certified mail, no signature or date indicated on green card. filed on behalf of FirstPower Group LLC Related document(s)[5]. (P,G) |
| Mar 8, 2017 | 12 | Return of Service Unexecuted (2) Docket Text: Return of Service by Clerk unexecuted upon WD-40 Company. Service attempted by certified mail filed on behalf of FirstPower Group LLC. Related document(s)[5]. (D,JJ) |
| Mar 6, 2017 | 9 | Return of Service Executed (2) Docket Text: Return of Service by Clerk by certified mail executed upon Home Depot, U.S.A., Inc., signature appears crossed through and no date of service indicated on green card, filed on behalf of FirstPower Group LLC. Related document(s)[5]. (D,JJ) Modified text to indicate signature appears crossed through on 3/8/2017 (R,Sh). |
| Mar 6, 2017 | 10 | Return of Service Unexecuted (2) Docket Text: Return of Service by Clerk unexecuted upon Lowe's Home Centers LLC. Service attempted by certified mail filed on behalf of FirstPower Group LLC. Related document(s)[5]. (D,JJ) |
| Mar 6, 2017 | 11 | Return of Service Unexecuted (2) Docket Text: Return of Service by Clerk unexecuted upon The Home Depot, Inc. Service attempted by certified mail filed on behalf of FirstPower Group LLC. Related document(s)[5]. (D,JJ) |
| Mar 3, 2017 | 7 | Notice (2) Docket Text: Notice of Corrected Certificate of Compliance for Motion for Preliminary Injunction filed by FirstPower Group LLC. Related document(s)[4].(Rothschild, Chad) |
| Mar 3, 2017 | 8 | Notice (2) Docket Text: Notice of Corrected Certificate of Compliance for Memorandum in Support of Motion for Preliminary Injunction filed by FirstPower Group LLC. Related document(s)[4].(Rothschild, Chad) |
| Mar 2, 2017 | 6 | Initial Order (12) Docket Text: Initial Standing Order. Judge Sara Lioi on 3/2/2017. (P,J) |
| Feb 28, 2017 | N/A | Service by Clerk (0) Docket Text: Service by Clerk. Summons and Complaint addressed to Home Depot, Inc. (Receipt No. 7016 0750 0000 9321 9349), Home Depot, U.S.A., Inc. (Receipt No. 7016 0750 0000 9321 9332), Lowe's Home Centers, LLC (Receipt No. 7016 0750 0000 9321 9325), WD-40 Company (Receipt No. 7016 0750 0000 9321 9295), WD-40 Manufacturing Company (Receipt No. 7016 0750 0000 9321 9301), Wal-Mart Stores East, LP (Receipt No. 7016 0750 0000 9321 9318) placed in U.S. Mail. Type of service: certified mail. (D,JJ) |
| Feb 27, 2017 | N/A | Utility Event (0) Docket Text: Judge Sara Lioi assigned to case. (M,TL) |
| Feb 27, 2017 | N/A | Random Assignment of Magistrate Judge (0) Docket Text: Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (M,TL) |
| Feb 27, 2017 | 5 | Main Document (12) Docket Text: Original Summons and Magistrate Consent Form issued for service upon Home Depot, Inc., Home Depot, U.S.A., Inc., Lowe's Home Centers, LLC, WD-40 Company, WD-40 Manufacturing Company, Wal-Mart Stores East, LP. (Attachments: # (1) Magistrate Consent Form) (M,TL) |
| Feb 27, 2017 | 5 | Magistrate Consent Form (2) |
| Feb 24, 2017 | 1 | Main Document (33) Docket Text:Complaint with jury demand against All Defendants. Filing fee paid $ 400, receipt number 0647-8041678, filed by FirstPower Group LLC. (Attachments: # (1) Exhibit U.S. Trademark Reg. No. 4,194,628 (EZ REACH), # (2) Exhibit U.S. Trademark Reg. No. 5,074,457 (EZ REACH), # (3) Exhibit U.S. Trademark Reg. No. 5,074,436 (EZ REACH LIFE), # (4) Exhibit U.S. Trademark Reg. No. 5,074,458 (EZ REACH LIFE), # (5) Exhibit U.S. Trademark Reg. No. 5,074,474 (EZ REACH RUSTAWAY), # (6) Civil Cover Sheet, # (7) Summons) (Rothschild, Chad) Modified text to remove duplicate wording on 2/27/2017 (M,TL). |
| Feb 24, 2017 | 1 | Exhibit U.S. Trademark Reg. No. 4,194,628 (EZ REACH) (1) |
| Feb 24, 2017 | 1 | Exhibit U.S. Trademark Reg. No. 5,074,457 (EZ REACH) (1) |
| Feb 24, 2017 | 1 | Exhibit U.S. Trademark Reg. No. 5,074,436 (EZ REACH LIFE) (1) |
| Feb 24, 2017 | 1 | Exhibit U.S. Trademark Reg. No. 5,074,458 (EZ REACH LIFE) (1) |
| Feb 24, 2017 | 1 | Exhibit U.S. Trademark Reg. No. 5,074,474 (EZ REACH RUSTAWAY) (1) |
| Feb 24, 2017 | 1 | Civil Cover Sheet (3) |
| Feb 24, 2017 | 1 | Summons (12) |
| Feb 24, 2017 | 2 | Report Regarding Patent or Trademark Action - AO120 (1) Docket Text: Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by FirstPower Group LLC. (Rothschild, Chad) |
| Feb 24, 2017 | 3 | Corporate Disclosure Statement (1) Docket Text: Corporate Disclosure Statement filed by FirstPower Group LLC. (Rothschild, Chad) |
| Feb 24, 2017 | 4 | Main Document (6) Docket Text:Motion for preliminary injunction filed by Plaintiff FirstPower Group LLC. (Attachments: # (1) Memorandum in Support of its Motion for Preliminary Injunction, # (2) Exhibit A: Declaration of John W. Harley, # (3) Exhibit B-1: 2/6/2015 Office Action by USPTO (Part of the Application File for U.S. Trademark Application No. 86/475,742), # (4) Exhibit B-2: 9/8/2015 Notice of Abandonment (Part of the Application File for U.S. Trademark Application No. 86/475,742), # (5) Exhibit B-3: 6/5/2015 Office Action by USPTO (Part of the Application File for U.S. Trademark Application No. 86/549,131), # (6) Exhibit B-4: 11/18/2015 Express Abandonment (Part of the Application File for U.S. Trademark Application No. 86/549,131), # (7) Exhibit B-5: 11/10/2015 Office Action by USPTO (Part of the Application File for U.S. Trademark Application No. 86/707,620), # (8) Exhibit B-6: 11/19/2015 Express Abandonment (Part of the Application File for U.S. Trademark Application No. 86/707,620), # (9) Exhibit B-7: 11/10/2015 Office Action by USPTO (Part of the Application File for U.S. Trademark Application No. 86/707,632), # (10) Exhibit B-8: 11/19/2015 Express Abandonment (Part of the Application File for U.S. Trademark Application No. 86/707,632), # (11) Exhibit B-9 (part 1 of 2): 3/14/2016 Office Action by USPTO (Part of the Application File for U.S. Trademark Application No. 86/826,062), # (12) Exhibit B-9 (part 2 of 2): 3/14/2016 Office Action by USPTO (Part of the Application File for U.S. Trademark Application No. 86/826,062), # (13) Exhibit B-10: 9/14/2016 Response to Office Action (Part of the Application File for U.S. Trademark Application No. 86/826,062), # (14) Exhibit B-11: 10/7/2016 Suspension Letter (Part of the Application File for U.S. Trademark Application No. 86/826,062), # (15) Exhibit B-12: 3/14/2016 Office Action by USPTO (Part of the Application File for U.S. Trademark Application No. 86/826,176), # (16) Exhibit B-13: 10/13/2016 Notice of Abandonment (Part of the Application File for U.S. Trademark Application No. 86/826,176), # (17) Exhibit B-14 (part 1 of 2): 3/14/2016 Office Action by USPTO (Part of the Application File for U.S. Trademark Application No. 86/829,131), # (18) Exhibit B-14 (part 2 of 2): 3/14/2016 Office Action by USPTO (Part of the Application File for U.S. Trademark Application No. 86/829,131), # (19) Exhibit B-15: 9/14/2016 Response to Office Action (Part of the Application File for U.S. Trademark Application No. 86/829,131), # (20) Exhibit B-16: 10/7/2016 Suspension Letter (Part of the Application File for U.S. Trademark Application No. 86/829,131), # (21) Proposed Order) (Rothschild, Chad) Modified description of attachments on 2/27/2017 (M,TL). |
| Feb 24, 2017 | 4 | Memorandum in Support of its Motion for Prelim (37) |
| Feb 24, 2017 | 4 | Exhibit A: Declaration of John W. Harley (17) |
| Feb 24, 2017 | 4 | Exhibit B-1: 2/6/2015 Office Action by USPTO (Part of the Application Fi (25) |
| Feb 24, 2017 | 4 | Exhibit B-2: 9/8/2015 Notice of Abandonment (Part of the Application Fil (2) |
| Feb 24, 2017 | 4 | Exhibit B-3: 6/5/2015 Office Action by USPTO (Part of the Application Fi (8) |
| Feb 24, 2017 | 4 | Exhibit B-4: 11/18/2015 Express Abandonment (Part of the Application Fil (3) |
| Feb 24, 2017 | 4 | Exhibit B-5: 11/10/2015 Office Action by USPTO (Part of the Application (11) |
| Feb 24, 2017 | 4 | Exhibit B-6: 11/19/2015 Express Abandonment (Part of the Application Fil (3) |
| Feb 24, 2017 | 4 | Exhibit B-7: 11/10/2015 Office Action by USPTO (Part of the Application (11) |
| Feb 24, 2017 | 4 | Exhibit B-8: 11/19/2015 Express Abandonment (Part of the Application Fil (3) |
| Feb 24, 2017 | 4 | Exhibit B-9 (part 1 of 2): 3/14/2016 Office Action by USPTO (Part of the (21) |
| Feb 24, 2017 | 4 | Exhibit B-9 (part 2 of 2): 3/14/2016 Office Action by USPTO (Part of the (13) |
| Feb 24, 2017 | 4 | Exhibit B-10: 9/14/2016 Response to Office Action (Part of the Applicat (6) |
| Feb 24, 2017 | 4 | Exhibit B-11: 10/7/2016 Suspension Letter (Part of the Application File (4) |
| Feb 24, 2017 | 4 | Exhibit B-12: 3/14/2016 Office Action by USPTO (Part of the Application (21) |
| Feb 24, 2017 | 4 | Exhibit B-13: 10/13/2016 Notice of Abandonment (Part of the Application (2) |
| Feb 24, 2017 | 4 | Exhibit B-14 (part 1 of 2): 3/14/2016 Office Action by USPTO (Part of th (19) |
| Feb 24, 2017 | 4 | Exhibit B-14 (part 2 of 2): 3/14/2016 Office Action by USPTO (Part of th (13) |
| Feb 24, 2017 | 4 | Exhibit B-15: 9/14/2016 Response to Office Action (Part of the Applicati (5) |
| Feb 24, 2017 | 4 | Exhibit B-16: 10/7/2016 Suspension Letter (Part of the Application File (4) |
| Feb 24, 2017 | 4 | Proposed Order (3) |
