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Case number 2:19-cv-08596

Intex Recreation Corp. v. Bestway USA, Inc. et al > Documents

Date Field Doc. No.Description (Pages)
Mar 21, 2023 107 STIPULATION for Order Regarding Electronic Discovery filed by Plaintiff Intex Recreation Corp.. (Attachments: # 1 Proposed Order Regarding Electronic Discovery)(McCoy, Andrew) (Entered: 03/21/2023) (0)
Mar 21, 2023 108 STIPULATION AND ORDER REGARDING ELECTRONIC DISCOVERY by Magistrate Judge Charles F. Eick re Stipulation for Order. 107 IT IS ORDERED that the foregoing Agreement is approved. (See document for details) (vmun) (Entered: 03/22/2023) (18)
Mar 17, 2023 106 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiff Intex Recreation Corp... (McCoy, Andrew) (Entered: 03/17/2023) (16)
Mar 13, 2023 104 Notice of Appearance or Withdrawal of Counsel: for attorney Michael David Saunders counsel for Counter Claimants Bestway Inflatables and Materials Corporation, Bestway USA, Inc., Defendant Bestway USA, Inc.. Adding Michael D. Saunders as counsel of record for Bestway (USA) Inc. and Bestway Inflatables & Material Corporation for the reason indicated in the G-123 Notice. Filed by Defendants Bestway (USA) Inc. and Bestway Inflatables & Material Corporation. (Attorney Michael David Saunders added to party Bestway Inflatables and Materials Corporation(pty:cc), Attorney Michael David Saunders added to party Bestway USA, Inc.(pty:dft), Attorney Michael David Saunders added to party Bestway USA, Inc.(pty:cc))(Saunders, Michael) (Entered: 03/13/2023) (2)
Mar 13, 2023 105 MINUTES OF Status Conference held before Judge John A. Kronstadt: The Court confers with counsel regarding the case and sets the following deadlines: June 5, 2023: Markman Hearing July 10, 2023: Anticipated Ruling to be issued on Markman Hearing. SEE DOCUMENT FOR FURTHER INFORMATION. Court Reporter: Wil Wilcox. (twdb) (Entered: 03/17/2023) (1)
Mar 10, 2023 102 (IN CHAMBERS) ORDER CHANGING THE TIME FOR STATUS CONFERENCE by Judge John A. Kronstadt: On the Court's own motion, the TIME for the hearing is RESET from 10:00 a.m. to 8:30 a.m., on March 13, 2023. The hearing will proceed by zoom webinar. Counsel are directed to refer to the Court's Procedures and Schedules page found on the website for the United States District Court for zoom webinar information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY (Entered: 03/10/2023) (0)
Mar 10, 2023 103 STATEMENT (Joint Markman Prehearing Statement) filed by Plaintiff Intex Recreation Corp. (Dodge, Reid) (Entered: 03/10/2023) (12)
Feb 28, 2023 99 STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (tj) (Entered: 02/28/2023) (30)
Feb 28, 2023 100 (IN CHAMBERS) TEXT-ONLY ORDER SETTING RULE 26(f)16(b) SCHEDULING CONFERENCE AND DIRECTING PARTIES TO FILE JOINT REPORT RE SCHEDULING by Judge John A. Kronstadt: A scheduling conference is set for March 27, 2023, at 11:30 a.m. On or before March 17, 2023, the parties shall file a joint report regarding their respective and/or collective positions as to scheduling, together with Exhibit B of the Courts Standing Order. Based on a review of the joint report, a determination will be made whether to take the scheduling conference under submission and issue a Scheduling Order without a hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY (Entered: 02/28/2023) (0)
Feb 28, 2023 101 (IN CHAMBERS) TEXT-ONLY ORDER SETTING STATUS CONFERENCE AND DIRECTING PARTIES TO FILE JOINT REPORT RE CASE MANAGEMENT by Judge John A Kronstadt: The Court, on its own motion, sets a Status Conference for March 13, 2023, at 10:00 a.m., to discuss how to proceed in the related cases (2:16-cv-03300-JAK-E, 2:16-cv-03950-JAK-E, 2:19-cv-08596-JAK-E). The hearing will proceed by zoom webinar. Counsel are directed to refer to the Court's Procedures and Schedules page found on the website for the United States District Court for zoom webinar information. On or before March 6, 2023, the parties shall file a joint report regarding their respective and/or collective positions as to case management of the related cases and whether consolidation of the newly transferred case (2:19-cv-08596-JAK-E) with the previously consolidated cases is appropriate. The joint report need only be filed on one docket.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY (Entered: 02/28/2023) (0)
Feb 27, 2023 98 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:16-cv-03300 JAK(Ex). Case transferred from Judge Terry J. Hatter, Jr and Magistrate Judge Alka Sagar to Judge John A. Kronstadt and Magistrate Judge Charles F. Eick for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-08596 JAK(Ex). Signed by Judge John A. Kronstadt (rn) (Entered: 02/27/2023) (1)
Feb 24, 2023 97 ORDER GRANTING JOINT STIPULATION TO AMEND SCHEDULE OF PRETRIAL DATES 96 by Judge Terry J. Hatter, Jr: The Stipulation is GRANTED. IT IS HEREBY ORDERED that the specified dates in the Scheduling Order (ECF No. 83) be amended as follows: Complete Claim Construction Discovery - 3/17/2023. Joint Markman Prehearing Statement - 3/10/2023. IT IS SO ORDERED. (shb) (Entered: 02/24/2023) (2)
Feb 23, 2023 96 Joint STIPULATION to AMEND Order,,, Set/Reset Deadlines/Hearings,, 83 filed by Defendants/Counterclaimants Bestway Inflatables and Materials Corporation, Bestway USA, Inc.. (Attachments: # 1 Proposed Order)(Caloiaro, Steven) (Entered: 02/23/2023) (0)
Feb 17, 2023 95 MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr:Counsel are hereby notified that pursuant to the Judge's directive, the Joint Stipulation to amend 94 is hereby granted. IT IS SO ORDERED. (shb) (Entered: 02/20/2023) (1)
Jan 4, 2023 94 Joint STIPULATION to AMEND filed by Plaintiff Intex Recreation Corp..(Carter, R.) (Entered: 01/04/2023) (30)
Oct 26, 2022 92 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Answer to Counterclaim 90 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. Other error(s) with document(s): The counterclaim caption is missing from the document and must be included on all documents filed in this case. 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. (shb) (Entered: 10/26/2022) (2)
Oct 26, 2022 93 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Response 91 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. Other error(s) with document(s): The counterclaim caption is missing from the document and must be included on all documents filed in this case.. 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. (shb) (Entered: 10/26/2022) (2)
Oct 25, 2022 90 IRC's ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim 87 of Bestway filed by Plaintiff/Counterclaim Defendant Intex Recreation Corp..(Carter, R.) (Entered: 10/25/2022) (13)
Oct 25, 2022 91 RESPONSE filed by Plaintiff Intex Recreation Corp.to Notice of Related Case(s), 89 (Carter, R.) (Entered: 10/25/2022) (2)
Oct 20, 2022 89 NOTICE of Related Case(s) filed by Defendants/Counterclaimants Bestway Inflatables and Materials Corporation, Bestway USA, Inc.. Related Case(s): 2:16-cv-03300-JAK-E (Lead); 2:16-cv-03950-JAK-E (Consolidated) (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Caloiaro, Steven) (Entered: 10/20/2022) (0)
Oct 17, 2022 88 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Answer to Complaint (Attorney Civil Case Opening), Counterclaim 87 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. The title page is missing the Counterclaim caption Other error(s) with document(s): The case number is missing the correct Judge initials. The correct case number is 2:19-cv-08596-TJH (ASx). 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. (shb) (Entered: 10/17/2022) (2)
Oct 14, 2022 87 ANSWER to Amended Complaint/Petition, 85 , Amended COUNTERCLAIM against Intex Recreation Corp. filed by Defendants/Counterclaimants Bestway USA, Inc., Bestway Inflatables and Materials Corporation.(Caloiaro, Steven) (Entered: 10/14/2022) (19)
Oct 6, 2022 86 MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the Joint STIPULATION to AMEND Amended Complaint/Petition 84 is hereby approved by the Court. IT IS SO ORDERED. (shb) (Entered: 10/06/2022) (1)
Sep 30, 2022 84 Joint STIPULATION to AMEND Amended Complaint/Petition, 19 filed by Plaintiff Intex Recreation Corp.. (Attachments: # 1 Exhibit 1 - Second Amended Complaint, # 2 Exhibit 2 - Redline Comparison)(Dodge, Reid) (Entered: 09/30/2022) (0)
Sep 30, 2022 85 SECOND AMENDED COMPLAINT against Defendants Bestway Inflatables and Materials Corporation, Bestway USA, Inc. amending Amended Complaint/Petition, 19 , filed by Plaintiff Intex Recreation Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Dodge, Reid) (Entered: 09/30/2022) (0)
Sep 30, 2022 85 Amended Complaint* (1)
Sep 27, 2022 83 ORDER SETTING SCHEDULE OF PRETRIAL AND TRIAL DATES 82 by Judge Terry J. Hatter, Jr: For the reasons set forth in the Parties' Joint Status Report, and good cause appearing therefor, the Court GRANTS the parties' request to continue the currently scheduled Final Pre-Trial Conference and for entry of their proposed schedule to order of this Court: Last Day to Add Parties - September 30, 2022 - Amend Pleadings; Initial Patent Infringement Contentions - November 11, 2022. Final Pretrial Conference ("FPTC") - June 3, 2024, Hearing on Motions in Limine - June 3, 2024 at 10:00 a.m. IT IS SO ORDERED. See order for more information. (shb) Modified on 10/6/2022 (shb). Modified on 10/6/2022 (shb). Modified on 10/7/2022 (shb). (Entered: 09/27/2022) (3)
Aug 9, 2022 82 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiff Intex Recreation Corp... (Attachments: # 1 Exhibit A - Proposed Schedule)(Dodge, Reid) (Entered: 08/09/2022) (0)
Jul 15, 2022 81 Order Setting Final Pre-trial Conference and Referring Discovery by Judge Terry J. Hatter, Jr: It is Ordered, pursuant to Rule 16 of the Federal Rules of Civil Procedures and Local Rule 16, that the Final Pre-Trial Conference is placed on the Courts calendar for NOVEMBER 7, 2022 at 10:00 a.m. in Courtroom No. 9B in the U. S. Courthouse on First Street. See order for more information. (shb) (Entered: 07/15/2022) (5)
Jul 5, 2022 80 ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO LIFT THE STAY, 77 by Judge Terry J. Hatter, Jr: The Court, having considered Plaintiff Intex Recreation Corp. 's Unopposed Motion to Lift the Stay ("Motion"), hereby GRANTS the Motion. IT IS ORDERED THAT the stay is lifted. IT IS SO ORDERED. (shb) (Entered: 07/06/2022) (1)
Jun 28, 2022 79 ORDER by Judge Terry J. Hatter, Jr: GRANTING 78 Request to Substitute Attorney. Added attorney Ben M. Davidson for Bestway Inflatables and Materials Corporation, Ben M. Davidson for Bestway USA, Inc. Attorney William P Cole terminated. (shb) (Entered: 06/28/2022) (1)
Jun 23, 2022 78 REQUEST TO SUBSTITUTE ATTORNEY Ben M. Davidson in place of attorney William P. Cole filed by Defendants Bestway Inflatables and Materials Corporation, Bestway USA, Inc.. (Attachments: # 1 Proposed Order) (Attorney Ben M. Davidson added to party Bestway Inflatables and Materials Corporation(pty:dft), Attorney Ben M. Davidson added to party Bestway USA, Inc.(pty:dft)) (Davidson, Ben) (Entered: 06/23/2022) (0)
Apr 29, 2022 77 NOTICE OF MOTION AND MOTION to Lift Stay re The Case filed by Plaintiff Intex Recreation Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order) (Dodge, Reid) (Entered: 04/29/2022) (0)
Apr 22, 2022 76 STATUS REPORT (Joint) filed by Plaintiff Intex Recreation Corp.. (Carter, R) (Entered: 04/22/2022) (3)
Mar 10, 2022 74 Notice of Appearance or Withdrawal of Counsel: for attorney Tarifa Belle Laddon counsel for Plaintiff Intex Recreation Corp.. Adding Tarifa Belle Laddon as counsel of record for Intex Recreation Corp. for the reason indicated in the G-123 Notice. Filed by Plaintiff Intex Recraetion Corp.. (Attorney Tarifa Belle Laddon added to party Intex Recreation Corp.(pty:pla))(Laddon, Tarifa) (Entered: 03/10/2022) (2)
Mar 10, 2022 75 Notice of Appearance or Withdrawal of Counsel: for attorney Michael Jaeger counsel for Counter Defendant Intex Recreation Corp., Plaintiff Intex Recreation Corp.. Michael Jaeger is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Intex Recreation Corp.. (Jaeger, Michael) (Entered: 03/10/2022) (2)
Jun 21, 2021 73 STATUS REPORT (Joint) filed by Plaintiff Intex Recreation Corp.. (Carter, R) (Entered: 06/21/2021) (3)
May 19, 2021 72 MINUTE ORDER IN CHAMBERS - ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr. Counsel are hereby notified that a joint status report must be filed to this action no later than JUNE 21, 2021. The Final Pretrial Conference hearing currently set for June 7, 2021 is hereby vacated and will be reset at a later date. (lom) (Entered: 05/19/2021) (1)
Oct 8, 2020 70 ORDER by Judge Terry J. Hatter, Jr 57 , MOTION to Stay Case pending Inter Partes Review of Patents-in-Suit: IT IS ORDERED that the motion to stay be, and hereby is GRANTED. See order for further details. (shb) (Entered: 10/08/2020) (2)
Oct 8, 2020 71 MINUTES IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the Court hereby denies the ex parte 69 to modify the case schedule as moot. IT IS SO ORDERED. (shb) (Entered: 10/08/2020) (1)
Oct 7, 2020 69 EX PARTE APPLICATION to AMEND Order,,, 56 re Markman Briefing filed by Defendants Bestway Inflatables and Materials Corporation, Bestway USA, Inc.. (Attachments: # 1 Memorandum, # 2 Declaration of Steven A. Caloiaro, # 3 Exhibit A, # 4 Proposed Order) (Caloiaro, Steven) (Entered: 10/07/2020) (0)
Oct 2, 2020 68 PROTECTIVE ORDER by Magistrate Judge Alka Sagar re Amended Stipulation for Protective Order 66 . (see document for details) (hr) (Entered: 10/02/2020) (21)
Sep 21, 2020 67 REPLY in Support of NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Review of Patents-in-Suit 57 filed by Counter Claimants Bestway Inflatables and Materials Corporation, Bestway USA, Inc., Defendants Bestway Inflatables and Materials Corporation, Bestway USA, Inc.. (Attachments: # 1 Declaration of Steven A. Caloiaro, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Caloiaro, Steven) (Entered: 09/21/2020) (0)
Sep 18, 2020 66 Amended STIPULATION for Protective Order filed by Plaintiff Intex Recreation Corp..(Jaeger, Michael) (Entered: 09/18/2020) (21)
Sep 11, 2020 65 STATEMENT Joint Markman Prehearing Statement filed by Plaintiff Intex Recreation Corp. (Dodge, Reid) (Entered: 09/11/2020) (3)
Sep 3, 2020 64 OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Review of Patents-in-Suit 57 filed by Plaintiff Intex Recreation Corp.. (Attachments: # 1 Declaration of T. Carter, # 2 Exhibit 1 Declaration of M. Whalen)(Carter, R) (Entered: 09/03/2020) (0)
Aug 24, 2020 63 ORDER CONTINUING HEARING DATE AND BRIEFING SCHEDULE ON DEFENDANTS MOTION TO STAY PENDING INTER PARTES REVIEW OF THE PATENTS-IN-SUIT 62 by Judge Terry J. Hatter, Jr: Pursuant to the parties stipulation, the Court hereby GRANTS entry of the following hearing and briefing schedule on Defendants Motion to Stay Pending Inter Partes Review of the Patents-In-Suit. Opposition Date - September 3, 20202. Reply Date - September 21, 2020. Hearing Date - October 5, 2020. (shb) (Entered: 08/24/2020) (2)
Aug 21, 2020 62 Joint STIPULATION to Continue Defendants Motion to Stay Pending Inter Partes Review of the Patents-In-Suit from September 14, 2020 to October 5, 2020 Re: NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Review of Patents-in-Suit 57 filed by Plaintiff Intex Recreation Corp.. (Attachments: # 1 Proposed Order)(Jaeger, Michael) (Entered: 08/21/2020) (0)
Aug 17, 2020 58 **STRICKEN PER DOCKET NO. 61 ** Joint STIPULATION for Protective Order filed by Plaintiff Intex Recreation Corp.. (Attachments: # 1 Proposed Order)(Carter, R) Modified on 8/18/2020 (hr). (Entered: 08/17/2020) (0)
Aug 17, 2020 59 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Review of Patents-in-Suit 57 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) (Entered: 08/17/2020) (1)
Aug 17, 2020 60 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Protective Order 58 . The following error(s) was/were found: Stipulation for Protective Order does not comply with material provisions of the sample protective order located in Judge Sagar's Procedures & Schedules page. Per General Order 05-07, Discovery-related matters (i.e. Protective Orders) shall be presented to the Magistrate Judge. You need not take any action in response to this notice unless and until the Court directs you to do so. (hr) (Entered: 08/17/2020) (1)
Aug 17, 2020 61 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) 60 , Stipulation for Protective Order 58 by Magistrate Judge Alka Sagar. The document is stricken and the parties are directed to file an Amended Joint Stipulation for Protective Order that complies with Judge Sagar's model protective order. Refer to Judge Sagar's Procedures and Schedules (Item No. 4). www.cacd.uscourts.gov/honorable-alka-sagar. (hr) (Entered: 08/18/2020) (1)
Aug 14, 2020 57 NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Review of Patents-in-Suit filed by Defendants Bestway Inflatables and Materials Corporation, Bestway USA, Inc.. (Attachments: # 1 Declaration of John S. Artz, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proposed Order) (Caloiaro, Steven) (Entered: 08/14/2020) (0)
Jul 2, 2020 56 AMENDED ORDER by Judge Terry J. Hatter, Jr. The Court has considered the stipulation filed on June 8, 2020. Based on the stipulation, 53 the Court sets the following schedule: Claim Construction Discovery Cut-Off - 9/4/2020. Joint Markman Prehearing Statement Filing Date - 9/11/2020. Last Date to Add Parties/Amend Pleadings - 9/18/2020. Simultaneous Filing of Opening Markman Briefs - 10/9/2020. Simultaneously Filing of Responding Markman Briefs - 11/6/2020. Filing of Tutorials and Presentation Materials for Markman Hearing - 11/20/2020. Markman Hearing - TBD, if needed by the Court Patentee serves Final Patent Infringement Contentions; All Parties file Advice of Counsel Disclosures - 4 weeks after Markman Decision. See order for further details. (shb) (Entered: 07/06/2020) (2)
Jun 19, 2020 55 NOTICE of Change of Attorney Business or Contact Information: for attorney Michael Jaeger counsel for Counter Defendant Intex Recreation Corp., Plaintiff Intex Recreation Corp.. Changing address to 1800 Century Park East, Suite 1500, Los Angeles, CA 90067. Changing telephone and fax numbers to Tel. (310) 203-4000 and Fax. (310) 229-1285. Filed by Counter Defendant Intex Recreation Corp., Plaintiff Intex Recreation Corp.. (Jaeger, Michael) (Entered: 06/19/2020) (2)
Jun 9, 2020 54 ORDER by Judge Terry J. Hatter, Jr: The Court has considered the stipulation filed on June 8, 2020. Based on the stipulation, the Court sets the following schedule: Claim Construction Discovery Cut-Off - 9/4/2020. oint Markman Prehearing Statement Filing Date - 9/11/2020. Last Date to Add Parties/Amend Pleadings - 9/18/2020. Simultaneous Filing of Opening Markman Briefs - 10/9/2020. Simultaneously Filing of Responding Markman Briefs - 11/6/2020. Filing of Tutorials and Presentation Materials for Markman Hearing - 11/20/2020. Markman Hearing - TBD, if needed by the Court. Patentee serves Final Patent Infringement Contentions; All Parties file Advice of Counsel Disclosures - 4 weeks after Markman Decision Accused Infringer serves Final Invalidity Contentions - 6 weeks after Markman Decision. Fact Discovery Cut-Off - 16 weeks after Markman Decision Expert Reports on issues where party has burden of proof - 19 weeks after Markman Decision. Final Pre-trial Conference - June 7, 2020. Filing of Motions in Limine - At least 30 days before trial. A trial date will be set at the Final Pre-trial Conference. All motions will be taken undersubmission without oral arguments. See order for further details. (shb) (Entered: 06/10/2020) (2)
Jun 8, 2020 53 Joint STIPULATION to Continue Pretrial Conference from 7/20/20 to 11/1/21 filed by Defendants Bestway Global Holding, Inc., Bestway Hong Kong International, Ltd., Bestway Inflatables and Materials Corporation, Bestway USA, Inc.. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Caloiaro, Steven) (Entered: 06/08/2020) (0)
Apr 24, 2020 52 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiff Intex Recreation Corp... (Attachments: # 1 Exhibit A - Proposed Schedule)(Dodge, Reid) (Entered: 04/24/2020) (0)
Apr 13, 2020 50 MINUTE IN CHAMBERS NEW CASE BEFORE JUDGE HATTER: This action has been assigned to the calendar of the HONORABLE TERRY J. HATTER, JR., United States District Judge. Please include the initials TJH in all documents pertaining to this case, as documents are routed using the judges initials, it is imperative that the correct initials TJH be used on all subsequent filings to prevent any delays in the processing of documents. Judge Hatter's Courtroom Deputy Clerk is Yolanda Skipper. She can be reached at (213) 894-5276. Counsel shall not attempt to contact the Court or its chambers staff by telephone or by any other ex parte means, although counsel may contact the Courtroom Deputy, Yolanda Skipper, at: yolanda_skipper@cacd.uscourts.gov, with appropriate inquiries. Judge Hatters courtroom is located on the 9th Floor, at 350 W. 1st Street, United States Courthouse Courtroom No. 9B. The Court further orders that the Scheduling Conference set for May 8. 2020, is hereby vacated and off calendar. No appearance is needed on May 8, 2020. See order for further details. (shb) (Entered: 04/13/2020) (2)
Apr 13, 2020 51 ORDER SETTING FINAL PRE-TRIAL CONFERENCE AND REFERRING DISCOVERY by Judge Terry J. Hatter, Jr.: It is Ordered that all discovery matters which become at issue are referred to Magistrate Judge Alka Sagar for her/his consideration. Please contact the courtroom deputy clerk to the Magistrate Judge regarding these matters. It is Ordered, pursuant to Rule 16 of the Federal Rules of Civil Procedures and Local Rule 16, that the Final Pre-Trial Conference is placed on the Courts calendar for JULY 20, 2020 at 10:00 a.m. in Courtroom No. 9B in the U. S. Courthouse on First Street. See order for further details. (shb) (Entered: 04/13/2020) (5)
Mar 16, 2020 49 ORDER OF THE CHIEF JUDGE (#20-041) approved by Judge Virginia A. Phillips. IT IS ORDERED, with the concurrence of the Case Management and Assignment Committee, that the following cases be reassigned from the calendar of Judge Andre Birotte to to the calendar of Judge Terry J. Hatter, Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-08596 TJH(ASx) (rn) (Entered: 03/17/2020) (2)
Feb 13, 2020 44 NOTICE of Change of Attorney Business or Contact Information: for attorney Louis T Perry counsel for Plaintiff Intex Recreation Corp.. Changing Firm name to Faegre Drinker Biddle & Reath. Filed by Plaintiff Intex Recreation Corp.. (Perry, Louis) (Entered: 02/13/2020) (2)
Feb 13, 2020 45 NOTICE of Change of Attorney Business or Contact Information: for attorney R Trevor Carter counsel for Plaintiff Intex Recreation Corp.. Changing Firm Name to Faegre Drinker Biddle & Reath LLP. Changing email to trevor.carter@faegredrinker.com. Filed by Plaintiff Intex Recreation Corp.. (Carter, R) (Entered: 02/13/2020) (2)
Feb 13, 2020 46 NOTICE of Change of Attorney Business or Contact Information: for attorney Andrew M McCoy counsel for Plaintiff Intex Recreation Corp.. Changing Firm Name to Faegre Drinker Biddle and Reath LLP. Changing email to andrew.mccoy@faegredrinker.com. Filed by Plaintiff Intex Recreation Corp.. (McCoy, Andrew) (Entered: 02/13/2020) (2)
Feb 13, 2020 47 NOTICE of Change of Attorney Business or Contact Information: for attorney Reid E Dodge counsel for Plaintiff Intex Recreation Corp.. Changing Firm Name to Faegre Drinker Biddle and Reath LLP. Changing email to reid.dodge@FaegreDrinker.com. Filed by Plaintiff Intex Recreation Corp.. (Dodge, Reid) (Entered: 02/13/2020) (2)
Feb 13, 2020 48 NOTICE of Change of Attorney Business or Contact Information: for attorney David R Merritt counsel for Plaintiff Intex Recreation Corp.. Changing firm name to Faegre Drinker Biddle & Reath LLP. Changing email to david.merritt@faegredrinker.com. Filed by Plaintiff Intex Recreation Corp.. (Merritt, David) (Entered: 02/13/2020) (2)
Feb 5, 2020 43 NOTICE of Change of Attorney Business or Contact Information: for attorney Michael Jaeger counsel for Counter Defendant Intex Recreation Corp., Plaintiff Intex Recreation Corp.. Changing firm name to Faegre Drinker Biddle & Reath LLP. Changing e-mail to michael.jaeger@faegredrinker.com. Filed by Counter Defendant Intex Recreation Corp., Plaintiff Intex Recreation Corp.. (Jaeger, Michael) (Entered: 02/05/2020) (2)
Jan 14, 2020 42 ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, 37 filed by Plaintiff/Counterclaim Defendant Intex Recreation Corp..(Dodge, Reid) (Entered: 01/14/2020) (12)
Jan 7, 2020 41 ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 5/8/2020 at 10:00 AM before Judge Andre Birotte Jr. (pbl) (Entered: 01/07/2020) (7)
Jan 6, 2020 39 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, 37 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) (Entered: 01/06/2020) (1)
Jan 6, 2020 40 NOTICE of Interested Parties filed by Defendants/Counter-claimants Bestway Inflatables and Materials Corporation, Bestway USA, Inc., identifying Bestway Enterprise Co. Ltd. and Bestway Global Holding Company Inc.. (Caloiaro, Steven) (Entered: 01/06/2020) (2)
Dec 26, 2019 38 ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney John S. Artz to Appear Pro Hac Vice on behalf of Defendants Bestway (USA), Inc. and Bestway Inflatables & Material Corporation, designating William P. Cole as local counsel 36 . (gk) (Entered: 12/30/2019) (1)
Dec 24, 2019 37 ANSWER to Amended Complaint/Petition, 19 for False Advertising, Unfair Competition, and Patent Infringement, COUNTERCLAIM against Intex Recreation Corp. filed by Defendants Bestway Inflatables and Materials Corporation, Bestway USA, Inc..(Caloiaro, Steven) (Entered: 12/24/2019) (18)
Dec 20, 2019 36 APPLICATION of Non-Resident Attorney John S. Artz to Appear Pro Hac Vice on behalf of Defendants Bestway Inflatables and Materials Corporation, Bestway USA, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 12/18/2019, Receipt No. 0973-24977012) filed by defendant Bestway Inflatables and Materials Corporation, Bestway USA, Inc.. (Attachments: # 1 Proposed Order) (Cole, William) (Entered: 12/20/2019) (0)
Dec 19, 2019 35 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney John S. Artz to Appear Pro Hac Vice on behalf of Defendants Bestway Inflatables and Materials Corporation, Bestway USA, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24977012) 33 by Clerk. The document is stricken. (lom) (Entered: 12/19/2019) (1)
Dec 18, 2019 33 STRICKEN, see docket entry no. 35 - APPLICATION of Non-Resident Attorney John S. Artz to Appear Pro Hac Vice on behalf of Defendants Bestway Inflatables and Materials Corporation, Bestway USA, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24977012) filed by Defendants Bestway Inflatables and Materials Corporation, Bestway USA, Inc.. (Attachments: # 1 Proposed Order) (Attorney William P Cole added to party Bestway Inflatables and Materials Corporation(pty:dft), Attorney William P Cole added to party Bestway USA, Inc.(pty:dft)) (Cole, William) Modified on 12/19/2019 (lom). (Entered: 12/18/2019) (0)
Dec 18, 2019 34 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney John S. Artz to Appear Pro Hac Vice on behalf of Defendants Bestway Inflatables and Materials Corporation, Bestway USA, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24977012) 33 . The following error(s) was/were found: Local Rule 83-2.1.3.2(a) Applicant resides in California. (lt) (Entered: 12/18/2019) (1)
Dec 16, 2019 31 ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Reid E. Dodge to Appear Pro Hac Vice on behalf of Plaintiff Intex Recreation Corp., designating Michael Jaeger as local counsel 26 , 29 . (gk) (Entered: 12/17/2019) (1)
Dec 16, 2019 32 ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Andrew M. McCoy to Appear Pro Hac Vice on behalf of Plaintiff Intex Recreation Corp., designating Michael Jaeger as local counsel 27 . (gk) (Entered: 12/17/2019) (1)
Dec 12, 2019 30 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03 (Related Case) filed. Transfer of case declined by Judge John A. Kronstadt, for the reasons set forth on this order. Related Case No. 2:16-cv-03300 JAK (Ex) (esa) (Entered: 12/12/2019) (1)
Dec 11, 2019 26 APPLICATION of Non-Resident Attorney Reid E. Dodge to Appear Pro Hac Vice on behalf of Plaintiff Intex Recreation Corp. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24931597) filed by Plaintiff Intex Recreation Corp.. (Attachments: # 1 Proposed Order) (Jaeger, Michael) (Entered: 12/11/2019) (0)
Dec 11, 2019 27 APPLICATION of Non-Resident Attorney Andrew M. McCoy to Appear Pro Hac Vice on behalf of Plaintiff Intex Recreation Corp. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24931706) filed by Plaintiff Intex Recreation Corp.. (Attachments: # 1 Proposed Order) (Jaeger, Michael) (Entered: 12/11/2019) (0)
Dec 11, 2019 28 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Reid E. Dodge to Appear Pro Hac Vice on behalf of Plaintiff Intex Recreation Corp. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24931597) 26 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed. (lt) (Entered: 12/11/2019) (1)
Dec 11, 2019 29 APPLICATION of Non-Resident Attorney Reid E. Dodge to Appear Pro Hac Vice on behalf of Plaintiff Intex Recreation Corp. (Pro Hac Vice Fee - $400.00 Previously Paid on 12/11/2019, Receipt No. 0973-24931597) filed by Plaintiff Intex Recreation Corp.. (Attachments: # 1 Proposed Order) (Jaeger, Michael) (Entered: 12/11/2019) (0)
Dec 10, 2019 25 NOTICE of Related Case(s) filed by Defendants Bestway Inflatables and Materials Corporation, Bestway USA, Inc.. Related Case(s): 2:16-cv-03950; 2:16-cv-03300 (Caloiaro, Steven) (Entered: 12/10/2019) (3)
Dec 9, 2019 22 WAIVER OF SERVICE Returned Executed filed by Plaintiff Intex Recreation Corp.. upon Bestway USA, Inc. waiver sent by Plaintiff on 10/11/2019, answer due 12/10/2019. Waiver of Service signed by Steven A. Caloiaro. (Carter, R) (Entered: 12/09/2019) (1)
Dec 9, 2019 23 WAIVER OF SERVICE Returned Executed filed by Plaintiff Intex Recreation Corp.. upon Bestway Inflatables and Materials Corporation waiver sent by Plaintiff on 10/11/2019, answer due 1/9/2020. Waiver of Service signed by Steven A. Caloiaro. (Carter, R) (Entered: 12/09/2019) (1)
Dec 9, 2019 24 STIPULATION Extending Time to Answer the complaint as to Bestway USA, Inc. answer now due 12/26/2019, re Amended Complaint/Petition, 19 filed by Plaintiff Intex Recreation Corp..(Carter, R) (Entered: 12/09/2019) (3)
Dec 3, 2019 21 Notice of Appearance or Withdrawal of Counsel: for attorney Steven A Caloiaro counsel for Defendants Bestway Global Holding, Inc., Bestway Hong Kong International, Ltd., Bestway Inflatables and Materials Corporation, Bestway USA, Inc.. Adding Steven A. Caloiaro as counsel of record for Bestway (USA), Inc.; Bestway Inflatables & Materials Corporation; Bestway Global Holding, Inc.; and Bestway (Hong Kong) International for the reason indicated in the G-123 Notice. Filed by Defendants Bestway (USA), Inc.; Bestway Inflatables & Materials Corporation; Bestway Global Holding, Inc.; and Bestway (Hong Kong) International. (Attorney Steven A Caloiaro added to party Bestway Global Holding, Inc.(pty:dft), Attorney Steven A Caloiaro added to party Bestway Hong Kong International, Ltd.(pty:dft), Attorney Steven A Caloiaro added to party Bestway Inflatables and Materials Corporation(pty:dft), Attorney Steven A Caloiaro added to party Bestway USA, Inc.(pty:dft))(Caloiaro, Steven) (Entered: 12/03/2019) (2)
Nov 26, 2019 19 FIRST AMENDED COMPLAINT against Defendants Bestway Inflatables and Materials Corporation, Bestway USA, Inc. amending Complaint (Attorney Civil Case Opening) 5 , filed by Plaintiff Intex Recreation Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Carter, R) (Entered: 11/26/2019) (0)
Nov 26, 2019 20 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Intex Recreation Corp.. (Carter, R) (Entered: 11/26/2019) (1)
Nov 26, 2019 19 Amended Complaint* (1)
Oct 22, 2019 16 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Andre Birotte Jr: granting 11 Non-Resident Attorney R. Trevor Carter APPLICATION to Appear Pro Hac Vice on behalf of Intex Recreation Corp, designating Michael Jaeger as local counsel. (yl) (Entered: 10/24/2019) (1)
Oct 22, 2019 17 ORDER by Judge Andre Birotte Jr: granting 12 Non-Resident Attorney Louis T. Perry APPLICATION to Appear Pro Hac Vice on behalf of Intex Recreation Corp, designating Michael Jaeger as local counsel. (yl) (Entered: 10/24/2019) (1)
Oct 22, 2019 18 ORDER by Judge Andre Birotte Jr: granting 13 Non-Resident Attorney David R. Merritt APPLICATION to Appear Pro Hac Vice on behalf of Intex Recreation Corp, designating Michael Jaeger as local counsel. (yl) (Entered: 10/24/2019) (1)
Oct 21, 2019 15 STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) (Entered: 10/21/2019) (14)
Oct 17, 2019 14 ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Christina A. Snyder to Judge Andre Birotte Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-08596 AB(ASx). (rn) (Entered: 10/17/2019) (1)
Oct 14, 2019 13 APPLICATION of Non-Resident Attorney David R. Merritt to Appear Pro Hac Vice on behalf of Plaintiff Intex Recreation Corp. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24601107) filed by Plaintiff Intex Recreation Corp.. (Attachments: # 1 Proposed Order) (Jaeger, Michael) (Entered: 10/14/2019) (0)
Oct 8, 2019 6 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Alka Sagar. (car) (Entered: 10/08/2019) (1)
Oct 8, 2019 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 10/08/2019) (2)
Oct 8, 2019 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney David R Merritt. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 10/08/2019) (1)
Oct 8, 2019 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney R. Trevor Carter. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 10/08/2019) (1)
Oct 8, 2019 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Louis T Perry. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 10/08/2019) (1)
Oct 8, 2019 11 APPLICATION of Non-Resident Attorney R. Trevor Carter to Appear Pro Hac Vice on behalf of Plaintiff Intex Recreation Corp. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24575561) filed by Plaintiff Intex Recreation Corp.. (Attachments: # 1 Proposed Order) (Jaeger, Michael) (Entered: 10/08/2019) (0)
Oct 8, 2019 12 APPLICATION of Non-Resident Attorney Louis T. Perry to Appear Pro Hac Vice on behalf of Plaintiff Intex Recreation Corp. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24575746) filed by Plaintiff Intex Recreation Corp.. (Attachments: # 1 Proposed Order) (Jaeger, Michael) (Entered: 10/08/2019) (0)
Oct 7, 2019 4 NOTICE of Errata Re: Plaintiff Intex Recreation Corp.'s Complaint filed by Plaintiff Intex Recreation Corp.. (Jaeger, Michael) (Entered: 10/07/2019) (2)
Oct 7, 2019 5 COMPLAINT with filing fee previously paid ($400.00 paid on 10/04/2019, receipt number 0973-24560379), filed by Plaintiff Intex Recreation Corp.. (Attachments: # 1 Exhibits 1-4)(Jaeger, Michael) (Entered: 10/07/2019) (0)
Oct 7, 2019 5 Complaint* (1)
Oct 4, 2019 1 COMPLAINT Receipt No: 0973-24560379 - Fee: $400, filed by Plaintiff Intex Recreation Corp.. (Attachments: # 1 Exhibits 1-4) (Attorney Michael Jaeger added to party Intex Recreation Corp.(pty:pla))(Jaeger, Michael) (Entered: 10/04/2019) (0)
Oct 4, 2019 2 CIVIL COVER SHEET filed by Plaintiff Intex Recreation Corp.. (Jaeger, Michael) (Entered: 10/04/2019) (3)
Oct 4, 2019 3 Corporate Disclosure Statement and NOTICE of Interested Parties filed by Plaintiff Intex Recreation Corp., identifying Bestway (USA), Inc., Bestway Global Holding, Inc., Bestway (Hong Kong) International, Ltd., Bestway Inflatables & Materials Corp., Intex Recreation Corp., Intex Corp., Intex Marketing Ltd., Intex Development Company Ltd.. (Jaeger, Michael) (Entered: 10/04/2019) (2)
Oct 4, 2019 1 Complaint* (1)
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