Case number 2:22-cv-00525
K-fee System GmbH v. Nespresso USA, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Feb 21, 2023 | 93 | NOTICE OF FILING TRANSCRIPT filed for proceedings 7/14/2022 8:30 a.m. re Transcript 92 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY (Entered: 02/21/2023) (0) |
| Feb 21, 2023 | 92 | TRANSCRIPT for proceedings held on 7/14/2022 8:30 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/14/2023. Redacted Transcript Deadline set for 3/24/2023. Release of Transcript Restriction set for 5/22/2023. (Hourigan, Terri) (Entered: 02/21/2023) (20) |
| Jan 9, 2023 | 91 | NOTICE of Change of Attorney Business or Contact Information: for attorney Michael Jaeger counsel for Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A.. Changing address to 333 South Grand Avenue, 47th Floor, Los Angeles, CA 90071. Filed by Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A.. (Jaeger, Michael) (Entered: 01/09/2023) (2) |
| Sep 22, 2022 | 90 | ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge George H. Wu: granting 89 Request to Substitute Attorney. (rolm) (Entered: 09/22/2022) (1) |
| Sep 19, 2022 | 89 | REQUEST TO WITHDRAW ATTORNEY Yuri Mikulka, Theodore Stevenson, Caleb J. Bean as counsel of record filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Proposed Order) (Mikulka, Yuri) (Entered: 09/19/2022) (0) |
| Sep 1, 2022 | 88 | ORDER GRANTING JOINT STIPULATION FOR ENTRY OF AN ORDER ENTERING STAY PENDING APPEAL OF RELATED PATENTS AT THE FEDERAL CIRCUIT by Judge George H. Wu. The Court hereby ORDERS as follows: 1. In view of the relatively early stage of this case, with discovery and claim construction still awaiting, and with the prospect that the ensuing Federal Circuit determination of the construction of "barcode" will simplify issues as to the 923 and 430 Patents, this case shall be STAYED until the Federal Circuit issues its mandate in Case No. 22-2042. (SEE DOCUMENT FOR FURTHER DETAILS). (aco) (Entered: 09/02/2022) (2) |
| Aug 31, 2022 | 87 | STIPULATION to Stay Case pending Appeal of Related Patents at the Federal Circuit filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Proposed Order)(Carsten, Douglas) (Entered: 08/31/2022) (0) |
| Aug 30, 2022 | 86 | ORDER GRANTING JOINT STIPULATION REGARDING DEADLINES FOR CLAIM CONSTRUCTION by Judge George H. Wu. The Court hereby ORDERS as follows: 1. The deadlines for the close of claim construction discovery, the joint claim construction prehearing statement, and for the simultaneous opening and responsive briefs for U.S. Patent Nos. 10,994,923, 11,230,430, and 11,254,491 shall each be stayed 60 days; 2. The Markman Hearing and Further Scheduling Conference scheduled for October 17, 2022 at 10:00 a.m. shall be taken off calendar. RE: Stipulation to Continue 85 . (aco) (Entered: 08/30/2022) (2) |
| Aug 29, 2022 | 85 | STIPULATION to Continue Claim Construction deadlines and Markman Hearing filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Declaration Declaration of Douglas Carsten, # 2 Proposed Order)(Carsten, Douglas) (Entered: 08/29/2022) (0) |
| Aug 8, 2022 | 84 | ORDER GRANTING JOINT STIPULATION REGARDING DEADLINE FOR PARTIES TO SERVE CLAIM CONSTRUCTION DISCLOSURES AND DEADLINE FOR DEFENDANT NESPRESSO USA, INC. TO SERVE INVALIDITY CONTENTIONS REGARDING ASSERTED PATENTS by Judge George H. Wu. The Court hereby ORDERS as follows: 1. The deadline for the parties to exchange proposed claim terms for construction, proposed constructions, and expert reports on claim construction for U.S. Patent Nos. 10,994,923, 11,230,430, and 11,254,491 shall each be stayed 60 days; 2. The deadline for Nespresso to serve its invalidity contentions for the asserted claims of U.S. Patent Nos. 10,994,923 and 11,230,430 shall be stayed for an additional 60 days from the date of this Order. RE Stipulation to Continue, 83 . (aco) (Entered: 08/09/2022) (2) |
| Aug 5, 2022 | 83 | Joint STIPULATION to Continue Deadlines for Parties to Serve Claim Construction Disclosures and Deadline for Nespresso USA, Inc. to serve Invalidity Contentions regarding Asserted Patents filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 [Proposed] Order)(Barsky, Wayne) (Entered: 08/05/2022) (0) |
| Aug 3, 2022 | 82 | ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. Wu. APPLICATION of Attorney Ian B. Brooks to Appear Pro Hac Vice on behalf of Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH, designating Katherine Pappas as local counsel.; granting 81 Non-Resident Attorney Ian B. Brooks. (aco) (Entered: 08/03/2022) (1) |
| Aug 3, 2022 | 81 | APPLICATION of Non-Resident Attorney Ian B. Brooks to Appear Pro Hac Vice on behalf of Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500.00 Previously Paid on 7/21/2021, Receipt No. 33665251) filed by Plaintiff, Counter-Defendant K-fee System GmbH. (Attachments: # 1 Proposed Order) (Pappas, Katherine) (Entered: 08/03/2022) (0) |
| Jul 21, 2022 | 80 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge George H. Wu. Docket No. 78 is stricken for the reason(s) stated in the Notice 79 filed on July 21, 2022. Pursuant to L.R. 5-4.4.2, email the proposed order in either Word or WordPerfect to Judge Wu's email address at GW_chambers@cacd.uscourts.gov. RE: APPLICATION of Non-Resident Attorney Ian B. Brooks to Appear Pro Hac Vice on behalf of Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33665251) 78 . (aco) (Entered: 07/21/2022) (1) |
| Jul 21, 2022 | 79 | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Ian B. Brooks to Appear Pro Hac Vice on behalf of Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33665251) 78 . The following error(s) was/were found: Proposed Order has not been flattened and is causing a corruption with the filing. (lt) (Entered: 07/21/2022) (1) |
| Jul 20, 2022 | 78 | [DOCUMENT STRICKEN PER ORDER ON 07/21/2022, SEE DOCKET NO. 80] APPLICATION of Non-Resident Attorney Ian B. Brooks to Appear Pro Hac Vice on behalf of Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33665251) filed by Plaintiff, Counter-Defendant K-fee System GmbH. (Attachments: # 1 Proposed Order) (Pappas, Katherine) Modified on 7/21/2022 (aco). (Entered: 07/20/2022) (0) |
| Jul 14, 2022 | 77 | MINUTES OF TELEPHONIC HEARING ON SOCIETE DES PRODUITS NESTLE S.A.'S MOTION TO DISMISS THE COMPLAINT, OR IN THE ALTERNATIVE, QUASH SERVICE OF SUMMONS 49 ; and NESTLE NESPRESSO S.A.'S MOTION TO DISMISS THE COMPLAINT, OR IN THE ALTERNATIVE, QUASH SERVICE OF SUMMONS 52 held before Judge George H. Wu. The Court's Tentative Ruling was issued on July 13, 2022 75 . Oral argument is held. For reasons stated on the record, the above-entitled Motions are taken under submission.; taking under advisement 49 MOTION to Dismiss ; taking under advisement 52 MOTION to Dismiss. Court Reporter: Terri A. Hourigan. (aco) (Entered: 07/14/2022) (1) |
| Jul 14, 2022 | 76 | ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. Wu. APPLICATION of Attorney Barry Clayton McCraw to Appear Pro Hac Vice on behalf of Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A., designating Michael Jaeger as local counsel.; granting 74 Non-Resident Attorney Barry Clayton McCraw. (aco) (Entered: 07/14/2022) (1) |
| Jul 13, 2022 | 75 | MINUTES IN CHAMBERS - TENTATIVE RULING ON SOCIT DES PRODUITS NESTL S.A.'S MOTION TO DISMISS THE COMPLAINT, OR IN THE ALTERNATIVE, QUASH SERVICE OF SUMMONS 49 ; and NESTL NESPRESSO S.A.'S MOTION TO DISMISS THE COMPLAINT, OR IN THE ALTERNATIVE, QUASH SERVICE OF SUMMONS 52 by Judge George H. Wu. Attached hereto is the Courts Tentative Ruling on the above-entitled Motions set for hearing on July 14, 2022 at 8:30 a.m. (aco) (Entered: 07/13/2022) (18) |
| Jul 12, 2022 | 74 | APPLICATION of Non-Resident Attorney Barry Clayton McCraw to Appear Pro Hac Vice on behalf of Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A. (Pro Hac Vice Fee - $500.00 Previously Paid on 7/12/2022, Receipt No. ACACDC-33615770) filed by Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A.. (Attachments: # 1 Proposed Order, # 2 Certificate of Good Standing) (Jaeger, Michael) (Entered: 07/12/2022) (0) |
| Jul 12, 2022 | 73 | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Barry Clayton McCraw to Appear Pro Hac Vice on behalf of Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33615770) 72 . 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. Other error(s) with document(s): Applicant failed to list state bar where licensed. See Instructions for Applicants (1)(G-64). (lt) (Entered: 07/12/2022) (1) |
| Jul 12, 2022 | 72 | APPLICATION of Non-Resident Attorney Barry Clayton McCraw to Appear Pro Hac Vice on behalf of Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33615770) filed by Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A.. (Attachments: # 1 Proposed Order, # 2 Certificate of Good Standing) (Jaeger, Michael) (Entered: 07/12/2022) (0) |
| Jul 11, 2022 | 71 | TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Thursday's 07/14/2022 Motions Hearing 49 52 at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 07/11/2022) (0) |
| Jul 11, 2022 | 70 | Notice of Appearance or Withdrawal of Counsel: for attorney Yu-Chieh Ernest Hsin counsel for Counter Claimant Nespresso USA, Inc., Defendant Nespresso USA, Inc.. Adding Yu-Chieh Ernest Hsin as counsel of record for Nespresso USA, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant and Counterclaimant Nespresso USA, Inc.. (Attorney Yu-Chieh Ernest Hsin added to party Nespresso USA, Inc.(pty:cc), Attorney Yu-Chieh Ernest Hsin added to party Nespresso USA, Inc.(pty:dft))(Hsin, Yu-Chieh) (Entered: 07/11/2022) (2) |
| Jul 8, 2022 | 69 | Notice of Appearance or Withdrawal of Counsel: for attorney Katherine Pappas counsel for Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH. Adding Katherine Pappas as counsel of record for K-fee System GmbH for the reason indicated in the G-123 Notice. Filed by plaintiff, counter-defendant K-fee System GmbH. (Attorney Katherine Pappas added to party K-fee System GmbH(pty:cd), Attorney Katherine Pappas added to party K-fee System GmbH(pty:cd), Attorney Katherine Pappas added to party K-fee System GmbH(pty:pla))(Pappas, Katherine) (Entered: 07/08/2022) (2) |
| Jul 8, 2022 | 68 | Notice of Appearance or Withdrawal of Counsel: for attorney Douglas H Carsten counsel for Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH. Adding Douglas H. Carsten as counsel of record for K-fee System GmbH for the reason indicated in the G-123 Notice. Filed by plaintiff, counter-defendant K-fee System GmbH. (Attorney Douglas H Carsten added to party K-fee System GmbH(pty:cd), Attorney Douglas H Carsten added to party K-fee System GmbH(pty:cd), Attorney Douglas H Carsten added to party K-fee System GmbH(pty:pla))(Carsten, Douglas) (Entered: 07/08/2022) (2) |
| Jul 1, 2022 | 67 | ORDER GRANTING JOINT STIPULATION REGARDING DEADLINE FOR DEFENDANT NESPRESSO USA, INC. TO SERVE INVALIDITY CONTENTIONS REGARDING BARCODE PATENTS by Judge George H. Wu. The Court hereby ORDERS as follows: 1. Defendant Nespresso's deadline to serve its invalidity contentions regarding U.S. Patent Nos. 10,994,923 and 11,230,430 shall be stayed 14 days. 2. Nespresso shall serve its invalidity contentions regarding U.S. Patent No. 11,254,491 no later than July 6, 2022, as set forth in the Court's May 11, 2022 Scheduling Order. RE Stipulation to Continue 63 . (aco) (Entered: 07/01/2022) (2) |
| Jun 30, 2022 | 66 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Continue 63 . The following error(s) was/were found: Filer information is missing on the document. See L.R. 11-3.8 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. (aco) (Entered: 07/01/2022) (1) |
| Jun 30, 2022 | 65 | REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss the Complaint, or in the Alternative, Quash Service of Summons 52 filed by Defendant Nestle Nespresso S.A.. (Attachments: # 1 Proof of Service)(Jaeger, Michael) (Entered: 06/30/2022) (0) |
| Jun 30, 2022 | 64 | REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss the Complaint, or in the Alternative, Quash Service of Summons 49 filed by Defendant Societe Des Produits Nestle S.A.. (Attachments: # 1 Declaration of D. Mazur, # 2 Proof of Service)(Jaeger, Michael) (Entered: 06/30/2022) (0) |
| Jun 30, 2022 | 63 | Joint STIPULATION to Continue deadline for Nespresso to serve invalidity contentions regarding barcode patents filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Proposed Order)(Barsky, Wayne) (Entered: 06/30/2022) (0) |
| Jun 8, 2022 | 62 | TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu : The Court, on its own motion, CONTINUES SOCIT DES PRODUITS NESTL S.A.S MOTION TO DISMISS THE COMPLAINT, OR IN THE ALTERNATIVE, QUASH SERVICE OF SUMMONS 49 , and NESTL NESPRESSO S.A.S MOTION TO DISMISS THE COMPLAINT, OR IN THE ALTERNATIVE, QUASH SERVICE OF SUMMONS 52 , previously scheduled for 06/23/2022 to 7/14/2022 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 06/08/2022) (0) |
| Jun 6, 2022 | 61 | SEALED DOCUMENT Opposition to Nestle Nespresso S.A.'s Motion to Dismiss the Complaint, or in the Alternative, Quash Service of Summons re Objection/Opposition (Motion related), 56 , Order on Motion for Leave to File Document Under Seal, 60 filed by Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Exhibit 1)(Mikulka, Yuri) (Entered: 06/06/2022) (0) |
| Jun 3, 2022 | 60 | ORDER GRANTING PLAINTIFF K-FEE'S APPLICATION FOR LEAVE TO FILE CONFIDENTIAL INFORMATION UNDER SEAL by Judge George H. Wu. Accordingly, it is hereby ORDERED that K-fee's Application for Leave to File Under Seal is GRANTED in its entirety.; granting 57 APPLICATION to file document under seal. (See document for further details). (aco) (Entered: 06/03/2022) (2) |
| Jun 2, 2022 | 59 | OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss the Complaint, or in the Alternative, Quash Service of Summons 49 filed by Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Declaration of Yuri Mikulka ISO Opposition, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13)(Mikulka, Yuri) (Entered: 06/02/2022) (0) |
| Jun 2, 2022 | 58 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal 57 filed by Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Unredacted Document Opposition to Nestle Nespresso S.A.'s Motion to Dismiss the Complaint, # 2 Exhibit 1 (proposed to be filed under seal))(Mikulka, Yuri) (Entered: 06/02/2022) (0) |
| Jun 2, 2022 | 57 | APPLICATION to file document under seal filed by Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Redacted Document Opposition to Nestle Nespresso S.A.'s Motion to Dismiss the Complaint, # 2 Exhibit 1 (Proposed to be filed under seal), # 3 Proposed Order)(Mikulka, Yuri) (Entered: 06/02/2022) (0) |
| Jun 2, 2022 | 56 | Opposition re: NOTICE OF MOTION AND MOTION to Dismiss the Complaint, or in the Alternative, Quash Service of Summons 52 [REDACTED] filed by Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Declaration of Yuri Mikulka ISO Opposition, # 2 Exhibit 1 (Proposed to be filed under seal), # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8)(Mikulka, Yuri) (Entered: 06/02/2022) (0) |
| May 19, 2022 | 55 | ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim 42 with JURY DEMAND filed by Plaintiff K-fee System GmbH.(Mikulka, Yuri) (Entered: 05/19/2022) (7) |
| May 13, 2022 | 54 | PROOF OF SERVICE filed by Defendant Nestle Nespresso S.A., re Certificate/Notice of Interested Parties 53 , NOTICE OF MOTION AND MOTION to Dismiss the Complaint, or in the Alternative, Quash Service of Summons 52 served on May 13, 2022. (Jaeger, Michael) (Entered: 05/13/2022) (2) |
| May 13, 2022 | 53 | NOTICE of Interested Parties filed by Defendant Nestle Nespresso S.A., (Jaeger, Michael) (Entered: 05/13/2022) (2) |
| May 13, 2022 | 52 | NOTICE OF MOTION AND MOTION to Dismiss the Complaint, or in the Alternative, Quash Service of Summons filed by Defendant Nestle Nespresso S.A.. Motion set for hearing on 6/23/2022 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Declaration of Manuela Krampulz, # 2 Proposed Order) (Jaeger, Michael) (Entered: 05/13/2022) (0) |
| May 13, 2022 | 51 | PROOF OF SERVICE filed by Defendant Societe Des Produits Nestle S.A., re NOTICE OF MOTION AND MOTION to Dismiss the Complaint, or in the Alternative, Quash Service of Summons 49 , Certificate/Notice of Interested Parties 50 served on May 13, 2022. (Jaeger, Michael) (Entered: 05/13/2022) (3) |
| May 13, 2022 | 50 | NOTICE of Interested Parties filed by Defendant Societe Des Produits Nestle S.A., (Jaeger, Michael) (Entered: 05/13/2022) (2) |
| May 13, 2022 | 49 | NOTICE OF MOTION AND MOTION to Dismiss the Complaint, or in the Alternative, Quash Service of Summons filed by Defendant Societe Des Produits Nestle S.A.. Motion set for hearing on 6/23/2022 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Declaration of David Mazur in Support, # 2 Declaration of Michael Jaeger in Support, # 3 Proposed Order) (Jaeger, Michael) (Entered: 05/13/2022) (0) |
| May 11, 2022 | 48 | MINUTES IN CHAMBERS - SCHEDULING ORDER by Judge George H. Wu. In response to the parties' proposed schedule as set forth in their Joint Report (ECF No. 30), the Court sets the following dates which are consistent with those suggested by the parties. (SEE DOCUMENT FOR FURTHER DETAILS). (aco) (Entered: 05/11/2022) (1) |
| Apr 26, 2022 | 47 | TRANSCRIPT ORDER as to Defendant Nespresso USA, Inc. for Court Reporter. Court will contact Kristina Eckert at keckert@gibsondunn.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Barsky, Wayne) (Entered: 04/26/2022) (2) |
| Apr 18, 2022 | 46 | ORDER by Judge George H. Wu granting 44 Non-Resident Attorney Carmine R Zarlenga APPLICATION to Appear Pro Hac Vice on behalf of Defendants Nestle Nespresso S.A., Societe des Produits Nestle S.A., designating Michael Jaeger as local counsel. (bm) (Entered: 04/18/2022) (1) |
| Apr 18, 2022 | 45 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer, Counterclaim 42 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Other error(s) with document(s): Caption of attached Answer and Counterclaim should include both plaintiff/defendant and counterclaimant/counterdefendant parties. 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. (bm) (Entered: 04/18/2022) (2) |
| Apr 15, 2022 | 44 | APPLICATION of Non-Resident Attorney Carmine R. Zarlenga to Appear Pro Hac Vice on behalf of Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A. (Pro Hac Vice Fee - $500 Previously Paid on 4/15/2022, Receipt No. 33136367) filed by defendant Nestle Nespresso S.A., Societe Des Produits Nestle S.A.. (Attachments: # 1 Certificate of Good Standing, # 2 Certificate of Good Standing, # 3 Proposed Order) (Jaeger, Michael) (Entered: 04/15/2022) (0) |
| Apr 15, 2022 | 43 | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Carmine Zarlenga to Appear Pro Hac Vice on behalf of Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33136367) 41 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3. The applicant must also attach a Certificate of Good Standing (issued within the last 30 days) from every state bar to which he or she is admitted; failure to do so will be grounds for denying the application. See Instructions for Applicants (1) (G-64). (lt) (Entered: 04/15/2022) (1) |
| Apr 15, 2022 | 42 | ANSWER to Amended Complaint/Petition, 24 with JURY DEMAND , COUNTERCLAIM against K-fee System GmbH filed by Defendant Nespresso USA, Inc..(Barsky, Wayne) (Entered: 04/15/2022) (28) |
| Apr 15, 2022 | 41 | APPLICATION of Non-Resident Attorney Carmine Zarlenga to Appear Pro Hac Vice on behalf of Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33136367) filed by Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A.. (Attachments: # 1 Proposed Order) (Jaeger, Michael) (Entered: 04/15/2022) (0) |
| Apr 13, 2022 | 40 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance, 32 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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: 04/13/2022) (1) |
| Apr 11, 2022 | 39 | NOTICE OF ERRATA filed by Defendant Nespresso USA, Inc.. correcting Notice of Appearance, 32 Notice of Errata Re Docket Entry for Notice of Appearance of Christine Ranney (Attachments: # 1 Corrected Notice of Appearance of Christine Ranney)(Ranney, Christine) (Entered: 04/11/2022) (0) |
| Apr 11, 2022 | 38 | ORDER GRANTING EX PARTE APPLICATION OF DEFENDANTS NESTL NESPRESSO S.A. AND SOCITE DES PRODUITS NESTLE S.A TO EXTEND TIME TO RESPOND TO THE FIRST AMENDED COMPLAINT by Judge George H. Wu granting 36 EX PARTE APPLICATION: Good cause appearing, the Ex Parte Application of Defendants Nestl Nespresso S.A. ("NNSA") and Socit des Produits Nestl S.A. ("SPN") to Extend Time to Respond to the First Amended Complaint IS HEREBY GRANTED. NNSA and SPN must respond to the First Amended Complaint on or before May 13, 2022. (bm) (Entered: 04/11/2022) (2) |
| Apr 11, 2022 | 37 | PROOF OF SERVICE filed by Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A., re EX PARTE APPLICATION to Extend Time to File Answer to 5/13/2022 re Amended Complaint/Petition, 24 36 served on 4/11/2022. (Jaeger, Michael) (Entered: 04/11/2022) (3) |
| Apr 11, 2022 | 36 | EX PARTE APPLICATION to Extend Time to File Answer to 5/13/2022 re Amended Complaint/Petition, 24 filed by Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A.. (Attachments: # 1 Declaration of Michael Jaeger in Support of Ex Parte Application to Extend Time to Respond to the First Amended Complaint, # 2 Proposed Order) (Attorney Michael Jaeger added to party Nestle Nespresso S.A.(pty:dft), Attorney Michael Jaeger added to party Societe Des Produits Nestle S.A.(pty:dft)) (Jaeger, Michael) (Entered: 04/11/2022) (0) |
| Apr 1, 2022 | 35 | MINUTES OF TELEPHONIC SCHEDULING CONFERENCE before Judge George H. Wu: Court and counsel discuss scheduling. Separate scheduling order to issue. Court Reporter: (jp) (Entered: 04/04/2022) (1) |
| Apr 1, 2022 | 34 | PROOF OF SERVICE Executed by Plaintiff K-fee System GmbH, upon Defendant Societe Des Produits Nestle S.A. served on 3/25/2022, answer due 4/15/2022. Service of the Summons and Complaint were executed upon c/o Nespresso USA, Inc. c/o CT Corporation System, Agent for Service, Inc. by serving Diana Ruiz, Intake Specialist in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Mikulka, Yuri) (Entered: 04/01/2022) (2) |
| Apr 1, 2022 | 33 | PROOF OF SERVICE Executed by Plaintiff K-fee System GmbH, upon Defendant Nestle Nespresso S.A. served on 3/25/2022, answer due 4/15/2022. Service of the Summons and Complaint were executed upon c/o Nespresso USA, Inc. c/o CT Corporation System, Agent for Service, Inc. by serving Diana Ruiz, Intake Specialist in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Mikulka, Yuri) (Entered: 04/01/2022) (2) |
| Mar 30, 2022 | 32 | NOTICE of Appearance filed by attorney Christine Ranney on behalf of Defendants Nespresso USA, Inc., Nestle Nespresso S.A., Societe Des Produits Nestle S.A. (Attorney Christine Ranney added to party Nespresso USA, Inc.(pty:dft), Attorney Christine Ranney added to party Nestle Nespresso S.A.(pty:dft), Attorney Christine Ranney added to party Societe Des Produits Nestle S.A.(pty:dft))(Ranney, Christine) (Entered: 03/30/2022) (2) |
| Mar 29, 2022 | 31 | TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The Court, on its own motion, CONTINUES the SCHEDULING CONFERENCE previously scheduled from March 31, 2022 to April 1, 2022 at 8:30 a.m. Counsel are to appear telephonically by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 03/29/2022) (0) |
| Mar 24, 2022 | 30 | JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH.. (Attachments: # 1 Exhibit A)(Mikulka, Yuri) (Entered: 03/24/2022) (0) |
| Mar 24, 2022 | 29 | 21 DAY Summons Issued re First Amended Complaint 24 as to Defendant Societe Des Produits Nestle S.A. (lom) (Entered: 03/24/2022) (2) |
| Mar 24, 2022 | 28 | 21 DAY Summons Issued re First Amended Complaint 24 as to Defendant Nestle Nespresso S.A. (lom) (Entered: 03/24/2022) (2) |
| Mar 23, 2022 | 27 | Request for Clerk to Issue Summons on Amended Complaint/Petition, 24 filed by Plaintiff and Counter-Defendant K-fee System GmbH. (Mikulka, Yuri) (Entered: 03/23/2022) (2) |
| Mar 23, 2022 | 26 | Request for Clerk to Issue Summons on Amended Complaint/Petition, 24 filed by Plaintiff and Counter-Defendant K-fee System GmbH. (Mikulka, Yuri) (Entered: 03/23/2022) (2) |
| Mar 10, 2022 | 25 | ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, 20 with JURY DEMAND filed by Plaintiff and Counter-Defendant K-fee System GmbH.(Mikulka, Yuri) (Entered: 03/10/2022) (7) |
| Mar 10, 2022 | 24 | First AMENDED COMPLAINT against Defendants and Counter-Claimant Nespresso USA, Inc., Nestl Nespresso S.A., Socit des Produits Nestl S.A. amending Complaint (Attorney Civil Case Opening), 1 , filed by Plaintiff and Counter-Defendant K-fee System GmbH (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Mikulka, Yuri) (Entered: 03/10/2022) (0) |
| Feb 22, 2022 | 23 | MINUTE ORDER IN CHAMBERS - ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu: The Court sets a Scheduling Conference for March 31, 2022 at 8:30 a.m. Counsel are reminded of their obligations to disclose information, confer on a discovery plan, and report to the Court, as required by F.R.C.P. 26 and the Local Rules of this Court. Trial counsel are ordered to be present. A Joint 26(f) Report shall be filed with the Court no later than March 24, 2022. See Local Rule 26-1. (bm) (Entered: 02/22/2022) (1) |
| Feb 22, 2022 | 22 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer, Counterclaim, 20 , Corporate Disclosure Statement 21 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Other error(s) with document(s): caption of both Answer and Corporate Disclosure statement should also include the additional counterclaim caption. 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. (bm) (Entered: 02/22/2022) (2) |
| Feb 18, 2022 | 21 | CORPORATE DISCLOSURE STATEMENT and Certification of Interested Parties filed by Defendant Nespresso USA, Inc. identifying Nestle S.A. as Corporate Parent. (Barsky, Wayne) (Entered: 02/18/2022) (2) |
| Feb 18, 2022 | 20 | ANSWER to Complaint (Attorney Civil Case Opening), 1 with JURY DEMAND Nespresso's Answer and Counterclaims, COUNTERCLAIM against K-fee System GmbH filed by Defendant Nespresso USA, Inc..(Attorney Wayne Mitchell Barsky added to party Nespresso USA, Inc.(pty:dft))(Barsky, Wayne) (Entered: 02/18/2022) (17) |
| Feb 8, 2022 | 19 | PROOF OF SERVICE Executed by Plaintiff K-fee System GmbH, upon Defendant Nespresso USA, Inc. served on 1/28/2022, answer due 2/18/2022. Service of the Summons and Complaint were executed upon Paula Castro, Registered Agent through CT Corporation System of Defendant in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Mikulka, Yuri) (Entered: 02/08/2022) (2) |
| Feb 1, 2022 | 18 | STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU: 1. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth "Local Rules") 16-1 through 16-15 regarding pre-trial requirements. (see document for further details) (bm) (Entered: 02/01/2022) (10) |
| Feb 1, 2022 | 17 | ORDER by Judge George H. Wu: granting 16 Non-Resident Attorney Theodore Stevenson, III APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff K-Fee System GmbH, designating Yuri Mikulka as local counsel. (bm) (Entered: 02/01/2022) (1) |
| Jan 31, 2022 | 16 | APPLICATION of Non-Resident Attorney Theodore Stevenson, III to Appear Pro Hac Vice on behalf of Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32714099) filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Proposed Order) (Mikulka, Yuri) (Entered: 01/31/2022) (0) |
| Jan 31, 2022 | 15 | ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:21-cv-03402 GW(AGRx). Case transferred from Judge Mark C. Scarsi and Magistrate Judge Karen L. Stevenson to Judge George H. Wu and Magistrate Judge Alicia G. Rosenberg for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-00525 GW(AGRx). Signed by Judge George H. Wu (rn) (Entered: 01/31/2022) (1) |
| Jan 26, 2022 | 14 | INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo) (Entered: 01/26/2022) (20) |
| Jan 26, 2022 | 13 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Wade G. Perrin. 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: 01/26/2022) (1) |
| Jan 26, 2022 | 12 | NOTICE OF CLERICAL ERROR: The Notice of Pro Hac Vice Application was issued to attorney Caleb J Bean in error. Pro Hac Vice Application Due (G-109) Docket item 10 should be disregarded. (car) (Entered: 01/26/2022) (1) |
| Jan 26, 2022 | 11 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Theodore Stevenson, III. 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: 01/26/2022) (1) |
| Jan 26, 2022 | 10 | [NOTICE OF CLERICAL ERROR ISSUED ON 1/26/2022, SEE ITEM 12] NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Caleb J Bean. 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) Modified on 1/26/2022 (car). (Entered: 01/26/2022) (1) |
| Jan 26, 2022 | 9 | 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant Nespresso USA, Inc. (car) (Entered: 01/26/2022) (2) |
| Jan 26, 2022 | 8 | Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) (Entered: 01/26/2022) (1) |
| Jan 26, 2022 | 7 | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 01/26/2022) (2) |
| Jan 26, 2022 | 6 | NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Karen L. Stevenson. (car) (Entered: 01/26/2022) (1) |
| Jan 25, 2022 | 5 | CORPORATE DISCLOSURE STATEMENT for K-fee System GmbH filed by Plaintiff k-fee System GmbH identifying Kruger GmbH & Co. KG as Corporate Parent. (Mikulka, Yuri) (Entered: 01/25/2022) (3) |
| Jan 25, 2022 | 4 | Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff k-fee System GmbH. (Mikulka, Yuri) (Entered: 01/25/2022) (2) |
| Jan 25, 2022 | 3 | REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by k-fee System GmbH. (Mikulka, Yuri) (Entered: 01/25/2022) (1) |
| Jan 25, 2022 | 2 | CIVIL COVER SHEET filed by Plaintiff k-fee System GmbH. (Mikulka, Yuri) (Entered: 01/25/2022) (3) |
| Jan 25, 2022 | 1 | Complaint* (1) |
