Case number 5:20-cv-00328
Justin Smith v. Extreme Performance 1, LLC > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 5, 2021 | 46 | REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 Order) (lom) (Entered: 01/05/2021) (0) |
| Jan 5, 2021 | 45 | ORDER ON STIPULATION TO DISMISS WITH PREJUDICE 44 by Judge R. Gary Klausner. IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. All claims in the lawsuit are dismissed with prejudice; 2. Each party shall bear its own attorneys fees and costs. (Made JS-6. Case Terminated.) (lom) (Entered: 01/05/2021) (1) |
| Dec 31, 2020 | 44 | STIPULATION to Dismiss Case pursuant to settlement filed by plaintiff Justin Smith. (Attachments: # 1 Proposed Order dismissal with prejudice)(Gray, Gordon) (Entered: 12/31/2020) (0) |
| Dec 30, 2020 | 43 | NOTICE of Settlement (Joint Report of Settlement Discussions) filed by plaintiff Justin Smith. (Gray, Gordon) (Entered: 12/30/2020) (3) |
| Oct 26, 2020 | 42 | NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Victor E Bianchini has been assigned to serve as Panel Mediator. (lst) (Entered: 10/26/2020) (1) |
| Oct 22, 2020 | 41 | STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Victor E. Bianchini may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 12/9/2020 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Plaintiff Justin Smith(Gray, Gordon) (Entered: 10/22/2020) (1) |
| Sep 16, 2020 | 40 | MINUTE ORDER (IN CHAMBERS) ORDER RE SCHEDULING CONFERENCE by Judge R. Gary Klausner. The Court sets the following dates: Jury Trial (est. 4-5 days): May 25, 2021 at 9:00 a.m.; Pretrial Conference: May 10, 2021 at 9:00 a.m.; Motion Cut-Off Date (last day to file): March 10, 2021; Discovery Cut-Off Date: February 27, 2021. Last day to amend the complaint or add parties is October 20, 2020. The parties shall participate in ADR 2. (lom) (Entered: 09/17/2020) (1) |
| Sep 16, 2020 | 39 | ORDER/REFERRAL to ADR Procedure No. 2 by Judge R. Gary Klausner. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than March 26, 2021. (sw) (Entered: 09/16/2020) (1) |
| Sep 16, 2020 | 38 | ORDER RE JURY TRIAL by Judge R. Gary Klausner. Pretrial Conference set for 5/10/2021 at 9:00 am; Jury Trial set for 5/25/2021 at 9:00 am. See Order for details. (sw) (Entered: 09/16/2020) (8) |
| Sep 9, 2020 | 37 | SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. The Scheduling Conference calendared for September 14, 2020 at 9:00 a.m., is hereby taken off calendar. Scheduling and trial orders will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY (Entered: 09/09/2020) (0) |
| Sep 3, 2020 | 36 | STATUS REPORT filed by Plaintiff Justin Smith. (Gray, Gordon) (Entered: 09/03/2020) (9) |
| Jul 7, 2020 | 35 | ANSWER to Amended Complaint/Petition, 19 with JURY DEMAND filed by Defendant Extreme Performance 1, LLC. (Attachments: # 1 Declaration Exhibit 1)(Schewe, Edward) (Entered: 07/07/2020) (0) |
| Jun 23, 2020 | 34 | (IN CHAMBERS) Motion to Dismiss [DE 24 ] by Judge R. Gary Klausner the Court GRANTS in part Moving Defendant's Motion to Dismiss. Specifically, the Court dismisses Plaimtiff's claim for induced and contributory infringement as to patent claims 1-5 and Plaintiff's request for enhanced damages for willful infrigement. Plaintiff may still pursue his claims for induced infringement as to claims 9,10,12, and 14, and contributory infringement as to claim 14.. (SEE CIVIL MINUTES FOR SPECIFICS). (et) (Entered: 06/23/2020) (7) |
| Jun 16, 2020 | 33 | SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant's Motion to Dismiss Case 24 , calendared for hearing on June 22, 2020 has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY (Entered: 06/16/2020) (0) |
| Jun 8, 2020 | 32 | REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case 24 filed by Defendant Extreme Performance 1, LLC. (Schewe, Edward) (Entered: 06/08/2020) (14) |
| Jun 1, 2020 | 31 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case 24 filed by Plaintiff Justin Smith. (Gray, Gordon) (Entered: 06/01/2020) (22) |
| May 21, 2020 | 30 | ORDER by Judge R. Gary Klausner: granting 23 Non-Resident Attorney Jeffrey W Johnson APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Justin Smith, designating Gordon E Gray, III as local counsel. (jp) (Entered: 05/21/2020) (1) |
| May 18, 2020 | 29 | CORPORATE DISCLOSURE STATEMENT filed by Defendant Extreme Performance 1, LLC identifying None as Corporate Parent. (Schewe, Edward) (Entered: 05/18/2020) (2) |
| May 18, 2020 | 27 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Extreme Performance 1, LLC 24 . The following error(s) was/were found: (1) No Notice of Interested Parties and/or no copies. Other error(s) with document(s): (2) Counsel must comply with Local Rule 7.1-1. 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. (jp) (Entered: 05/18/2020) (1) |
| May 18, 2020 | 28 | NOTICE of Interested Parties filed by Defendant Extreme Performance 1, LLC, identifying none. (Schewe, Edward) (Entered: 05/18/2020) (1) |
| May 15, 2020 | 25 | SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant's Motion to Dismiss Case 24 , is HEREBY CONTINUED TO 06/22/2020 at 9:00 am. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY (Entered: 05/15/2020) (0) |
| May 15, 2020 | 26 | ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 9/4/2020. Scheduling Conference set for 9/14/2020 at 9:00 am. (sw) (Entered: 05/15/2020) (1) |
| May 14, 2020 | 24 | NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Extreme Performance 1, LLC. Motion set for hearing on 6/15/2020 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Schewe, Edward) (Entered: 05/14/2020) (0) |
| May 13, 2020 | 22 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Jeffrey W. Johnson to Appear Pro Hac Vice on behalf of Plaintiff Justin Smith (Pro Hac Vice Fee - $400 Previously Paid on 4/22/2020, Receipt No. 26186476) 20 by Clerk of Court to Judge R. Gary Klausner. The document is stricken due to deficiencies listed in docket entry 21 . (jp) (Entered: 05/13/2020) (1) |
| May 13, 2020 | 23 | APPLICATION of Non-Resident Attorney Jeffrey W. Johnson to Appear Pro Hac Vice on behalf of Plaintiff Justin Smith (Pro Hac Vice Fee - $400 Previously Paid on 4/22/2020, Receipt No. 26186476) filed by plaintiff Justin Smith. (Attachments: # 1 Proposed Order G-64 proposed order) (Gray, Gordon) (Entered: 05/13/2020) (0) |
| May 7, 2020 | 21 | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jeffrey W. Johnson to Appear Pro Hac Vice on behalf of Plaintiff Justin Smith (Pro Hac Vice Fee - $400 Previously Paid on 4/22/2020, Receipt No. 26186476) 20 . 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. (lom) (Entered: 05/07/2020) (1) |
| May 6, 2020 | 20 | [DOCUMENT STRICKEN PER ORDER DATED 5/13/2020, SEE DOCKET ENTRY NO. 22 ] - APPLICATION of Non-Resident Attorney Jeffrey W. Johnson to Appear Pro Hac Vice on behalf of Plaintiff Justin Smith (Pro Hac Vice Fee - $400 Previously Paid on 4/22/2020, Receipt No. 26186476) filed by plaintiff Justin Smith. (Attachments: # 1 Proposed Order Pro Hac Vice Order) (Gray, Gordon). Modified on 5/13/2020 (jp). (Entered: 05/06/2020) (0) |
| Apr 30, 2020 | 19 | Amended Complaint* (1) |
| Apr 30, 2020 | 19 | FIRST AMENDED COMPLAINT against Defendant Extreme Performance 1, LLC amending Complaint (Attorney Civil Case Opening), 1 , filed by plaintiff Justin Smith (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J)(Gray, Gordon). Modified on 5/18/2020 (jp). (Entered: 04/30/2020) (0) |
| Apr 24, 2020 | 18 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Jeffrey W. Johnson to Appear Pro Hac Vice on behalf of Plaintiff Justin Smith (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26186476) 16 by Judge R. Gary Klausner. The document is stricken due to deficiencies listed in docket entry 17 . (et) (Entered: 04/24/2020) (1) |
| Apr 23, 2020 | 17 | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jeffrey W. Johnson to Appear Pro Hac Vice on behalf of Plaintiff Justin Smith (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26186476) 16 . 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. Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. Document was not flattened. (Thrasher, Lupe) (Entered: 04/23/2020) (1) |
| Apr 22, 2020 | 16 | [DOCUMENT STRICKEN PER RESPONSE DATED ON 4/24/2020, SEE DOCKET ENTRY NO. 18 ] APPLICATION of Non-Resident Attorney Jeffrey W. Johnson to Appear Pro Hac Vice on behalf of Plaintiff Justin Smith (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26186476) filed by plaintiff Justin Smith. (Attachments: # 1 Proposed Order G-64 proposed order) (Gray, Gordon) Modified on 4/24/2020 (et). (Entered: 04/22/2020) (0) |
| Apr 21, 2020 | 15 | STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening), 1 filed by Defendant Extreme Performance 1, LLC.(Attorney Edward C Schewe added to party Extreme Performance 1, LLC(pty:dft))(Schewe, Edward) (Entered: 04/21/2020) (2) |
| Apr 9, 2020 | 14 | DEFAULT BY CLERK F.R.Civ.P.55(a) as to Defendant Extreme Performance 1, LLC., a California limited liability company. (jp) (Entered: 04/09/2020) (1) |
| Apr 8, 2020 | 13 | REQUEST for Clerk to Enter Default against defendant Extreme Performance 1, LLC filed by plaintiff Justin Smith. (Attachments: # 1 Declaration of Gordon E. Gray III, # 2 Exhibit Proof of Service of Summons) (Gray, Gordon) (Entered: 04/08/2020) (0) |
| Apr 1, 2020 | 12 | NOTICE of Appearance filed by attorney Gordon E Gray, III on behalf of Plaintiff Justin Smith (Attorney Gordon E Gray, III added to party Justin Smith(pty:pla))(Gray, Gordon) (Entered: 04/01/2020) (2) |
| Mar 16, 2020 | 11 | PROOF OF SERVICE Executed by Plaintiff Justin Smith, upon Defendant Extreme Performance 1, LLC served on 3/10/2020, answer due 3/31/2020. Service of the Summons and Complaint were executed upon Jane Cason, Manager on behalf of Doug Stephenson - Agent for Service in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Anderson, William) (Entered: 03/16/2020) (1) |
| Feb 21, 2020 | 10 | STANDING ORDER REGARDING NEWLY ASSIGNED CASES upon filing of the complaint by Judge R. Gary Klausner. (cch) (Entered: 02/21/2020) (8) |
| Feb 21, 2020 | 9 | NOTICE of Interested Parties filed by Plaintiff Justin Smith, identifying Justin Smith, Extreme Performance LLC, Shock Therapy LLC, and Jeanette Katherine Smith. (Anderson, William) (Entered: 02/21/2020) (1) |
| Feb 20, 2020 | 8 | 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant Extreme Performance 1, LLC. (ghap) (Entered: 02/20/2020) (2) |
| Feb 20, 2020 | 7 | NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), 1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) (Entered: 02/20/2020) (1) |
| Feb 20, 2020 | 6 | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 02/20/2020) (2) |
| Feb 20, 2020 | 5 | NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Shashi H. Kewalramani. (ghap) (Entered: 02/20/2020) (1) |
| Feb 19, 2020 | 4 | Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff Justin Smith. (Anderson, William) (Entered: 02/19/2020) (2) |
| Feb 19, 2020 | 3 | REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Justin Smith. (Anderson, William) (Entered: 02/19/2020) (1) |
| Feb 19, 2020 | 1 | Complaint* (1) |
| Feb 19, 2020 | 2 | CIVIL COVER SHEET filed by Plaintiff Justin Smith. (Anderson, William) (Entered: 02/19/2020) (3) |
