Case number 8:24-cv-00099
Hyper Ice, Inc. et al v. Toloco Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 8, 2024 | 60 | NOTICE OF FILING TRANSCRIPT filed for proceedings 6/21/2024 at 11:43 a.m. re Transcript 59 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dhs) TEXT ONLY ENTRY (Entered: 08/08/2024) (0) |
| Aug 8, 2024 | 59 | TRANSCRIPT for proceedings held on 6/21/2024 at 11:43 a.m. ****Transcript may be viewed at the court public terminal or purchased through Court Reporter DEBBIE HINO-SPAAN at: WEBSITE www.debbiehinospaan.com; E-mail, dhinospaan@yahoo.com before the deadline for Release of Transcript restriction. After that date, it may be obtained from the Court Reporter or through PACER. Additional formats of the transcript (ASCII, Condensed, and Word Indexing/Concordance) are also available to be purchased at any time through the Court Reporter. Notice of Intent to Redact due within 7 days of this date.** Redaction Request due 8/29/2024. Redacted Transcript Deadline set for 9/9/2024. Release of Transcript Restriction set for 11/6/2024. (dhs) (Entered: 08/08/2024) (0) |
| Jun 28, 2024 | 58 | REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (rolm) (Entered: 06/28/2024) (4) |
| Jun 27, 2024 | 57 | STIPULATION to Dismiss Case pursuant to Fed Rule of Civ. Procedure 41(a)(1)(ii) filed by Plaintiffs Hyper Ice, Inc., Hyperice IP Subco, LLC. (Attachments: # 1 Proposed Order)(Herbert, Benjamin) (Entered: 06/27/2024) (0) |
| Jun 23, 2024 | 55 | Notice of Appearance or Withdrawal of Counsel: for attorney Xionghui Murong counsel for Counter Claimant Toloco Inc., Defendant Toloco Inc.. Adding Xionghui Murong as counsel of record for TOLOCO, INC for the reason indicated in the G-123 Notice. Filed by defendant Xionghui Murong. (Attorney Xionghui Murong added to party Toloco Inc. (pty:cc), Attorney Xionghui Murong added to party Toloco Inc. (pty:dft))(Murong, Xionghui) (Entered: 06/23/2024) (2) |
| Jun 21, 2024 | 56 | SCHEDULING CONFERENCE held before Judge John W. Holcomb. Counsel state their appearances. The Court confers with counsel. For the reasons stated in open court, it is hereby ORDERED as follows: The Court SETS the following claim construction schedule: The Deadline for Disclosure of Asserted Claims and Infringement Contentions is July 5, 2024. The deadline for Invalidity Contentions is August 19, 2024. The deadline for Exchange of Preliminary Claim Constructions and Extrinsic Evidence is September 23, 2024. The deadline for Completion of Claim Construction Discovery is November 15, 2024. If the parties wish to participate in a settlement conference before the Magistrate Judge or another Judicial Officer, they may contact the Courtroom Deputy Clerk by email at JWH_Chambers@cacd.uscourts.gov. The Court will issue a separate trial scheduling order after the claim construction process is complete. The following cases are CONSOLIDATED into Case No. 8:24-cv-00098-JWH-DFM for pretrial purposes through the date of the Markman hearing: Case Nos. 2:24-cv-03212-JWH-DFM; 8:24-cv-00099-JWHDFM; 8:24-cv-00410-JWH-DFM; 8:24-cv-00391-JWH-DFM; and Case No. 8:24- cv-00390-JWH-DFM. Any party may make a motion at any time to sever the cases, for good cause shown. IT IS SO ORDERED. (See document for further details) (Made JS-6. Case Terminated.), Cases associated with Lead Case 8:24-cv-00098-JWH-DFM Court Reporter: Debbie Hino-Spaan. (yl) (Entered: 06/25/2024) (2) |
| Jun 7, 2024 | 54 | JOINT RULE 26(F) REPORT filed by Counter Defendants Hyper Ice, Inc., Hyperice IP Subco, LLC, Plaintiffs Hyper Ice, Inc., Hyperice IP Subco, LLC. (Herbert, Benjamin) (Entered: 06/07/2024) (13) |
| Jun 3, 2024 | 53 | ORDER by Judge John W. Holcomb: GRANTING 51 Request to Substitute Attorney. Attorney Qianwu Yang terminated. (yl) (Entered: 06/04/2024) (1) |
| Jun 3, 2024 | 52 | ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim 35 with JURY DEMAND Answer to Counterclaims filed by Plaintiffs Hyper Ice, Inc., Hyperice IP Subco, LLC.(Herbert, Benjamin) (Entered: 06/03/2024) (7) |
| Jun 2, 2024 | 51 | REQUEST TO SUBSTITUTE ATTORNEY Tianyu Ju in place of attorney Qianwu Yang filed by defendant Toloco Inc.. (Attachments: # 1 Proposed Order) (Yang, Qianwu) (Entered: 06/02/2024) (0) |
| May 31, 2024 | 50 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: REQUEST TO SUBSTITUTE ATTORNEY Tianyu Ju in place of attorney Qianwu Yang 46 by Judge John W. Holcomb. The document is stricken. (yl) (Entered: 05/31/2024) (1) |
| May 30, 2024 | 49 | NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: REQUEST TO SUBSTITUTE ATTORNEY Tianyu Ju in place of attorney Qianwu Yang 46 . The following error(s) was/were found: Proposed order is blank. 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. (rolm) (Entered: 05/30/2024) (1) |
| May 30, 2024 | 48 | ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY 47 by Judge John W. Holcomb. Granting 47 Request to Substitute Attorney. (rolm) Modified on 5/30/2024 (rolm). (Entered: 05/30/2024) (1) |
| May 30, 2024 | 47 | REQUEST TO SUBSTITUTE ATTORNEY Tianyu Ju in place of attorney Nicholas H. Jackson, Kevin R. Greenleaf, Mark L. Hogge, and Nicholas B. Janda filed by Defendant Toloco Inc.. (Attachments: # 1 Proposed Order) (Jackson, Nicholas) (Entered: 05/30/2024) (0) |
| May 29, 2024 | 46 | [STRICKEN AS OF 05/31/2024 50 ] REQUEST TO SUBSTITUTE ATTORNEY Tianyu Ju in place of attorney Qianwu Yang filed by defendant Toloco Inc.. (Attachments: # 1 Proposed Order) (Yang, Qianwu) Modified on 5/30/2024 (rolm). Modified on 5/31/2024 (yl). (Entered: 05/29/2024) (0) |
| May 29, 2024 | 45 | ORDER IN RESPONSE TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Notice of Lodging 41 by Judge John W. Holcomb. The document is stricken. (rolm) (Entered: 05/29/2024) (1) |
| May 29, 2024 | 44 | ORDER IN RESPONSE TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: REQUEST TO SUBSTITUTE ATTORNEY Tianyu Ju in place of attorney Nicholas H. Jackson, Kevin R. Greenleaf, Mark L. Hogge, and Nicholas B. Janda 39 , Joint REQUEST TO SUBSTITUTE ATTORNEY Tianyu Ju in place of attorney Qianwu Yang 40 by Judge John W. Holcomb. The document is stricken. (rolm) (Entered: 05/29/2024) (1) |
| May 29, 2024 | 43 | NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Notice of Lodging 41 . The following error(s) was/were found: Proposed order is blank. 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. (rolm) (Entered: 05/29/2024) (1) |
| May 29, 2024 | 41 | [DOCUMENT STRICKEN PER ORDER ON 5/29/24 SEE DOCKET NO. 45] NOTICE OF LODGING filed re Joint REQUEST TO SUBSTITUTE ATTORNEY Tianyu Ju in place of attorney Qianwu Yang 40 (Attachments: # 1 Proposed Order)(Yang, Qianwu) Modified on 5/29/2024 (rolm). (Entered: 05/29/2024) (0) |
| May 28, 2024 | 42 | NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: REQUEST TO SUBSTITUTE ATTORNEY Tianyu Ju in place of attorney Nicholas H. Jackson, Kevin R. Greenleaf, Mark L. Hogge, and Nicholas B. Janda 39 , Joint REQUEST TO SUBSTITUTE ATTORNEY Tianyu Ju in place of attorney Qianwu Yang 40 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a 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. (rolm) (Entered: 05/29/2024) (1) |
| May 28, 2024 | 40 | [DOCUMENT STRICKEN PER ORDER ON 5/29/24 SEE DOCKET NO. 44] Joint REQUEST TO SUBSTITUTE ATTORNEY Tianyu Ju in place of attorney Qianwu Yang filed by defendant Toloco Inc.. (Yang, Qianwu) Modified on 5/29/2024 (rolm). (Entered: 05/28/2024) (2) |
| May 28, 2024 | 39 | [DOCUMENT STRICKEN PER ORDER ON 5/29/24 SEE DOCKET NO. 44] REQUEST TO SUBSTITUTE ATTORNEY Tianyu Ju in place of attorney Nicholas H. Jackson, Kevin R. Greenleaf, Mark L. Hogge, and Nicholas B. Janda filed by Defendant Toloco Inc.. (Jackson, Nicholas) Modified on 5/29/2024 (rolm). (Entered: 05/28/2024) (2) |
| May 15, 2024 | 38 | Notice of Appearance or Withdrawal of Counsel: for attorney Kevin R Greenleaf counsel for Counter Claimant Toloco Inc., Defendant Toloco Inc.. Adding Kevin R. Greenleaf as counsel of record for Toloco, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant and Counterclaim Plaintiff Toloco, Inc.. (Greenleaf, Kevin) (Entered: 05/15/2024) (2) |
| May 15, 2024 | 37 | ORDER SETTING SCHEDULING CONFERENCE by Judge John W. Holcomb. Scheduling Conference set for 6/21/2024 at 11:00 AM before Judge John W. Holcomb. (cla) (Entered: 05/15/2024) (8) |
| May 13, 2024 | 36 | NOTICE of Interested Parties filed by Defendant and Counterclaim Plaintiff Toloco Inc., (Janda, Nicholas) (Entered: 05/13/2024) (2) |
| May 13, 2024 | 35 | ANSWER to Complaint (Attorney Civil Case Opening), 5 with JURY DEMAND , COUNTERCLAIM against Hyper Ice, Inc., Hyperice IP Subco, LLC filed by Defendant Toloco Inc..(Janda, Nicholas) (Entered: 05/13/2024) (12) |
| May 2, 2024 | 34 | REFUND OF $500.00 made payable on 05/02/2024 to Robyn Carrillo for payment made on 02/20/2024 Re: Order on Application for Refund of Fees Paid (G-124) 33 . (rdj) (Entered: 05/02/2024) (0) |
| Apr 15, 2024 | 33 | ORDER by Judge John W. Holcomb: GRANTING 29 APPLICATION for Refund of Fees (G-124). (yl) (Entered: 04/16/2024) (1) |
| Apr 12, 2024 | 32 | APPLICATION for Refund of Fees Paid Re: APPLICATION of Non-Resident Attorney Kevin R. Greenleaf to Appear Pro Hac Vice on behalf of Defendant Toloco Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36943130) 26 29 - referred to Judge for ruling. (rdj) (Entered: 04/12/2024) (1) |
| Mar 21, 2024 | 31 | REFUND OF $405.00 made payable on 03/21/2024 to Benjamin A Herbert for payment made on 01/16/2024 Re: APPLICATION for Refund of Fees Paid Re: Complaint (Attorney Civil Case Opening), 5 17 . (rdj) (Entered: 03/21/2024) (1) |
| Mar 8, 2024 | 30 | Notice of Appearance or Withdrawal of Counsel: for attorney Qianwu Yang counsel for Defendant Toloco Inc.. Adding Qianwu Yang as counsel of record for Toloco Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Toloco Inc.. (Attorney Qianwu Yang added to party Toloco Inc. (pty:dft))(Yang, Qianwu) (Entered: 03/08/2024) (2) |
| Mar 4, 2024 | 29 | APPLICATION for Refund of Fees Paid Re: APPLICATION of Non-Resident Attorney Kevin R. Greenleaf to Appear Pro Hac Vice on behalf of Defendant Toloco Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36943130) 26 filed by Defendant Toloco Inc.. (Attachments: # 1 Notice of Deficienciesre Doc 26, # 2 Order Striking Doc 26) (Janda, Nicholas) (Entered: 03/04/2024) (0) |
| Feb 22, 2024 | 28 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: APPLICATION of Non-Resident Attorney Kevin R. Greenleaf to Appear Pro Hac Vice on behalf of Defendant Toloco Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36943130) 26 by Judge John W. Holcomb. The document is stricken. (yl) (Entered: 02/23/2024) (1) |
| Feb 21, 2024 | 27 | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Kevin R. Greenleaf to Appear Pro Hac Vice on behalf of Defendant Toloco Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36943130) 26 . The following error(s) was/were found: Attorney is a licensed California attorney, admitted and in good standing with the California State Bar. Application for Admission should have been submitted to the Court instead of filing a PHV. (lt) (Entered: 02/21/2024) (1) |
| Feb 20, 2024 | 26 | [STRICKEN AS OF 02/22/2024 28 ] APPLICATION of Non-Resident Attorney Kevin R. Greenleaf to Appear Pro Hac Vice on behalf of Defendant Toloco Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36943130) filed by Defendant Toloco Inc.. (Attachments: # 1 Proposed Order) (Janda, Nicholas) Modified on 2/23/2024 (yl). (Entered: 02/20/2024) (0) |
| Feb 20, 2024 | 25 | Text Only ORDER GRANTING APPLICATION of Non-Resident Attorney Mark L. Hogge to Appear Pro Hac Vice on behalf of Defendant Toloco Inc. 24 by Judge John W. Holcomb. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY (Entered: 02/20/2024) (0) |
| Feb 16, 2024 | 24 | APPLICATION of Non-Resident Attorney Mark L. Hogge to Appear Pro Hac Vice on behalf of Defendant Toloco Inc. (Pro Hac Vice Fee - $500 Previously Paid on 2/13/2024, Receipt No. ACACDC-36908585) filed by defendant Toloco Inc.. (Attachments: # 1 Proposed Order) (Janda, Nicholas) (Entered: 02/16/2024) (0) |
| Feb 14, 2024 | 23 | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Mark L. Hogge to Appear Pro Hac Vice on behalf of Defendant Toloco Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36908585) 22 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. Case information is incomplete. DJ and MJ initials missing on application and proposed order. Please note DJ and MJ Order Re: Transfer dated 1/19/24, Dkt. 11. Other error(s) with document(s): Failed to list VA admission. (lt) (Entered: 02/14/2024) (1) |
| Feb 13, 2024 | 22 | APPLICATION of Non-Resident Attorney Mark L. Hogge to Appear Pro Hac Vice on behalf of Defendant Toloco Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36908585) filed by defendant Toloco Inc.. (Attachments: # 1 Proposed Order) (Janda, Nicholas) (Entered: 02/13/2024) (0) |
| Feb 12, 2024 | 21 | WAIVER OF SERVICE Returned Executed filed by Plaintiffs Hyper Ice, Inc., Hyperice IP Subco, LLC. upon Toloco Inc. waiver sent by Plaintiff on 2/12/2024, answer due 5/13/2024. Waiver of Service signed by Kevin R. Greenleaf. (Herbert, Benjamin) (Entered: 02/12/2024) (1) |
| Feb 11, 2024 | 20 | NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Notice of Appearance or Withdrawal of Counsel (G-123), 18 , Notice of Appearance or Withdrawal of Counsel (G-123), 19 . The following error(s) was/were found: Case number incomplete; missing initials of Judge. 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. (ak) (Entered: 02/11/2024) (1) |
| Feb 8, 2024 | 19 | Notice of Appearance or Withdrawal of Counsel: for attorney Nicholas Bruce Janda counsel for Defendant Toloco Inc.. Adding Nick Janda as counsel of record for Toloco Inc. for the reason indicated in the G-123 Notice. Filed by defendant Toloco Inc.. (Attorney Nicholas Bruce Janda added to party Toloco Inc. (pty:dft))(Janda, Nicholas) (Entered: 02/08/2024) (2) |
| Feb 8, 2024 | 18 | Notice of Appearance or Withdrawal of Counsel: for attorney Nicholas H. Jackson counsel for Defendant Toloco Inc.. Adding Nicholas H. Jackson as counsel of record for Toloco Inc. for the reason indicated in the G-123 Notice. Filed by defendant Nicholas H. Jackson. (Attorney Nicholas H. Jackson added to party Toloco Inc. (pty:dft))(Jackson, Nicholas) (Entered: 02/08/2024) (2) |
| Feb 2, 2024 | 17 | APPLICATION for Refund of Fees Paid Re: Complaint (Attorney Civil Case Opening), 5 filed by Plaintiffs Hyper Ice, Inc., Hyperice IP Subco, LLC. (Herbert, Benjamin) (Entered: 02/02/2024) (1) |
| Jan 29, 2024 | 16 | 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 5 as to Defendant Toloco Inc. (yl) (Entered: 01/29/2024) (2) |
| Jan 25, 2024 | 15 | Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 5 filed by Plaintiff Hyper Ice, Inc.. (Herbert, Benjamin) (Entered: 01/25/2024) (2) |
| Jan 23, 2024 | 14 | STANDING ORDER by Judge John W. Holcomb. (cla) (Entered: 01/23/2024) (17) |
| Jan 22, 2024 | 13 | NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 12 . 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. The date and signature line must be left blank. A court seal from the United States District Court, District of Delaware is on the summons near the signature and date line. Please remove the seal and date. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (yl) (Entered: 01/22/2024) (2) |
| Jan 19, 2024 | 12 | Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 5 filed by Plaintiff Hyper Ice, Inc.. (Herbert, Benjamin) (Entered: 01/19/2024) (2) |
| Jan 19, 2024 | 11 | ORDER RE TRANSFER PURSUANT to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. Related Case- filed. Related Case No: 8:24-cv-00097-JWH-(DFMx). Case transferred from Magistrate Judge Karen E. Scott and Judge James V. Selna to Judge John W. Holcomb and Magistrate Judge Douglas F. McCormick for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:24-cv-00099-JWH-(DFMx). Signed by Judge John W. Holcomb (dve) (Entered: 01/19/2024) (1) |
| Jan 17, 2024 | 10 | NOTICE of Related Case(s) filed by Plaintiff Hyper Ice, Inc.. Related Case(s): 8:24-cv-00100; 8:24-cv-00098; 8:24-cv-00097 (Herbert, Benjamin) (Entered: 01/17/2024) (2) |
| Jan 17, 2024 | 9 | NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Report, 3 . The following error(s) was found: Other error(s) with document(s): Incorrect event selected. Correct event to be used is Report on Filing of Patent/Trademark Action (Initial Notification) (AO 120). You need not take any action in response to this notice unless and until the Court directs you to do so. (ghap) (Entered: 01/17/2024) (1) |
| Jan 17, 2024 | 8 | Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) (Entered: 01/17/2024) (1) |
| Jan 17, 2024 | 7 | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 01/17/2024) (2) |
| Jan 17, 2024 | 6 | NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Karen E. Scott. (ghap) (Entered: 01/17/2024) (1) |
| Jan 16, 2024 | 4 | CORPORATE DISCLOSURE STATEMENT filed by Plaintiff HYPER ICE, INC., a California corporation identifying Hyper Ice, Inc as Corporate Parent. (Herbert, Benjamin) (Entered: 01/16/2024) (2) |
| Jan 16, 2024 | 3 | REPORT ON THE FILING OF DETERMINATION OF AN ACTION REGARDING A PATENT OF TRADEMARK FILED AS REPORT of On the Filing Determination of an Action Regarding a Patent Infringment filed by Plaintiff HYPER ICE, INC., a California corporation. (Herbert, Benjamin) Modified on 1/17/2024 (ghap). Modified on 1/17/2024 (ghap). (Entered: 01/16/2024) (1) |
| Jan 16, 2024 | 2 | CORPORATE DISCLOSURE STATEMENT filed by Plaintiff HYPER ICE, INC., a California corporation identifying Hyper Ice, Inc as Corporate Parent. (Herbert, Benjamin) (Entered: 01/16/2024) (2) |
| Jan 16, 2024 | 1 | CIVIL COVER SHEET filed by Plaintiff HYPER ICE, INC., a California corporation. (Herbert, Benjamin) (Entered: 01/16/2024) (3) |
| Jan 16, 2024 | 5 | Complaint* (1) |
