Case number 3:19-cv-03459
Kiva Health Brands LLC v. Kiva Brands Inc. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 28, 2022 | 137 | Main Document (4) Docket Text: Administrative Motion to File Under Seal filed by Kiva Brands Inc.. (Attachments: # (1) Proposed Order, # (2) Redacted Version of Kiva Brands Inc.s Reply In Support of Its Motion for Reconsideration, # (3) Unredacted Version of Kiva Brands Inc.s Reply In Support of Its Motion for Reconsideration, # (4) Redacted Version of Exhibit 4 to the Declaration of Brett Schuman, # (5) Unredacted Version of Exhibit 4 to the Declaration of Brett Schuman)(Schuman, Brett) (Filed on 7/20/2021) |
| Aug 28, 2022 | 137 | Proposed Order (3) |
| Aug 28, 2022 | 137 | Redacted Version of Kiva Brands Inc.s Reply In Support of Its Motion for Recons (20) |
| Aug 28, 2022 | 137 | *Restricted* (20) |
| Aug 28, 2022 | 137 | Redacted Version of Exhibit 4 to the Declaration of Brett Schuman (1) |
| Aug 28, 2022 | 137 | *Restricted* (1) |
| Jul 11, 2022 | N/A | Clerk's Notice Setting Zoom Hearing. (0) Docket Text: CLERKS NOTICE CONTINUING STATUS CONFERENCE AND SETTING ZOOM HEARING. Status Conference re: Settlement (counsel only) set for 8/4/2022 is continued to 9/6/2022 03:00 PM PDT in San Francisco, - Videoconference Only before Magistrate Judge Joseph C. Spero. This proceeding will be held via a Zoom Meeting. Counsel shall provide pre-registration information by 8/3/2022 by 3:00 PM PDT by sending one joint email with names of attendees to JCSSettlement@cand.uscourts.gov.Meeting Access: All counsel may access the meeting information at https://www.cand.uscourts.gov/jcs under Join Non-Public Hearings. Zoom Meeting ID: 161 664 4640. Passcode: 841312. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup:https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 7/11/2022) Modified on 7/11/2022 (klh, COURT STAFF). |
| Jul 6, 2022 | N/A | Clerk's Notice Setting Zoom Hearing. (0) Docket Text: CLERKS NOTICE CONTINUING STATUS CONFERENCE AND SETTING ZOOM HEARING. Status Conference Re: Settlement (counsel only), set for 7/7/2022 at 3:00 PM has been CONTINUED to 8/4/2022 03:00 PM in San Francisco, - Videoconference Only before Chief Magistrate Judge Joseph C. Spero. This proceeding will be held via a Zoom Meeting. Meeting Access: All counsel may access the Meeting information at https://www.cand.uscourts.gov/jcs Join Non-Public Hearings. Zoom Meeting ID: 161 664 4640. Passcode: 841312. Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at jcssettlement@cand.uscourts.gov no later than 8/2/2022 by 4:00 PM PDT. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup:https://www.cand.uscourts.gov/zoom/. (Related documents(s) [186]) (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 7/6/2022) |
| Jun 1, 2022 | 186 | Settlement Conference (1) Docket Text:Minute Entry for Zoom proceedings held before Chief Magistrate Judge Joseph C. Spero: Settlement Conference held on 6/1/2022. Status Conference re: Settlement, counsel only, set for 7/7/2022 03:00 PM PDT in San Francisco, - Videoconference Only before Magistrate Judge Joseph C. Spero. This proceeding will be held via a Zoom Meeting. Meeting Access: All counsel may access the Meeting information at https://www.cand.uscourts.gov/jcs under Join Non-Public Hearings. Zoom Meeting ID: 161 664 4640. Passcode: 841312. Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at jcssettlement@cand.uscourts.gov no later than 7/6/2022 by 3:00 PM PDT. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup:https://www.cand.uscourts.gov/zoom/. Digital Recording Time: Not Reported.Attorney for Plaintiff: Laura Franco, Diana Leiden Attorney for Defendant: Brett Schuman, Jeremy Lateiner, Jennifer Fisher (klh, COURT STAFF) (Date Filed: 6/1/2022) |
| May 23, 2022 | N/A | Clerk's Notice Setting Zoom Hearing. (0) Docket Text: CLERKS NOTICE CONTINUING SETTLEMENT CONFERENCE AND SETTING ZOOM HEARING. Updated confidential settlement conference statements due May 31, 2022 by 10:00 AM and should be emailed to JCSSettlement@cand.uscourts.gov. Meeting Access: All counsel and parties may access the Meeting information at https://www.cand.uscourts.gov/jcs Join Non-Public Hearings. Zoom Meeting ID: 161 664 4640. Passcode: 841312. Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at jcssettlement@cand.uscourts.gov no later than 5/31/2022 by 10:00 AM. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup:https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 5/23/2022) |
| May 10, 2022 | N/A | Clerk's Notice Setting Zoom Hearing. (0) Docket Text: CLERKS NOTICE CONTINUING SETTLEMENT CONFERENCE AND SETTING ZOOM HEARING. Settlement Conference set for5/10/2022 at 2:00 PM is continued to 5/17/2022 04:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom Meeting. Meeting Access: All counsel,and parties may access the meeting information at https://www.cand.uscourts.gov/jcs Join Non-Public Hearings. Zoom Meeting ID: 161 664 4640. Passcode: 841312. Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at jcssettlement@cand.uscourts.gov no later than 5/16/2022 by 3:00 PM PDT. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup:https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 5/10/2022) |
| Mar 16, 2022 | 183 | Settlement Conference (1) Docket Text:Minute Entry for Zoom proceedings held before Chief Magistrate Judge Joseph C. Spero: Settlement Conference held on 3/16/2022. Further Settlement Conference, if necessary, set for 5/10/2022 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom Meeting. Meeting Access: All counsel and parties may access the Meeting information at https://www.cand.uscourts.gov/jcs Zoom Meeting ID: 161 664 4640. Passcode: 841312. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup:https://www.cand.uscourts.gov/zoom/. Digital Recording Time: Not Reported.Attorney for Plaintiff: Laura Franco, Diana Leiden, Marjon Momand, Yarden Kakon Attorney for Defendant: Brett Schuman, Jeremy Lateiner, Jennifer Fisher (klh, COURT STAFF) (Date Filed: 3/16/2022) |
| Mar 8, 2022 | N/A | Clerk's Notice (0) Docket Text: CLERK'S NOTICE CHANGING TIME FOR SETTLEMENT CONFERENCE. The Zoom Settlement Conference set for 03/16/2022 at 10:00 AM will now start at 10:30 AM . See Notice and Order Setting Settlement Conference, [181] for Zoom Meeting Link and Zoom Meeting ID and passcode. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 3/8/2022) |
| Dec 17, 2021 | N/A | Scheduling Conference (0) Docket Text:Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Zoom Settlement Scheduling Conference held on 12/17/2021. Settlement Conference set for 3/16/2022 at 10 AM by Zoom. Court to issue Order. FTR Time: Not Reported. |
| Dec 17, 2021 | 181 | Order Setting Settlement Conference (4) Docket Text: Notice of Settlement Conference and Order Setting Settlement Conference before Chief Magistrate Judge Joseph C. Spero. Signed by Chief Magistrate Judge Joseph C. Spero on 12/17/2021. Settlement Conference set for 3/16/2022 10:00 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom Meeting. Meeting Access: All counsel, and parties may access the meeting information at https://www.cand.uscourts.gov/jcs under the second subheading +Join Non-Public Hearings. In addition to following the instructions and link on Judge Speros web page, the parties may join using the following Zoom Meeting ID: 161 664 4640. Password: 841312. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup:https://www.cand.uscourts.gov/zoom/. (klh, COURT STAFF) (Filed on 12/17/2021) |
| Dec 16, 2021 | N/A | Clerk's Notice Setting Zoom Hearing. (0) Docket Text: CLERKS NOTICE SETTING ZOOM HEARING. Zoom Settlement Scheduling Conference set for 12/17/2021 03:00 PM in San Francisco, - Videoconference Only before Chief Magistrate Judge Joseph C. Spero. This proceeding will be held via a Zoom Meeting. Meeting Access: All counsel may access the Meeting information at https://www.cand.uscourts.gov/jcs under the second subheading Join Non-Public Hearings. Zoom Meeting ID: 161 664 4640 Passcode: 841312. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup:https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 12/16/2021) |
| Nov 29, 2021 | 178 | Transcript (100) Docket Text: Transcript of Proceedings held on November 18, 2021, before Judge Charles R. Breyer. Court Reporter Katherine Sullivan, Katherine_Sullivan@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re [177] Transcript Order, [176] Transcript Order ) Release of Transcript Restriction set for 2/28/2022. (Related documents(s) [177], [176]) (Sullivan, Katherine) (Filed on 11/29/2021) |
| Nov 19, 2021 | 175 | Main Document (1) Docket Text:Minute Entry for proceedings held before Judge Charles R. Breyer: Evidentiary Hearing held on 11/18/2021. The Court refers the parties to Chief Magistrate Judge Joseph C. Spero for a further settlement conference. (Total Time in Court: 2 Hours and 30 Minutes) Court Reporter: Katherine Sullivan. Plaintiff Attorney: Diana Hughes Leiden, Laura M. Franco, Yarden Zehava Kakon. Defendant Attorney: Brett M. Schuman, Jennifer Briggs Fisher, Jeremy N. Lateiner. (Attachments: # (1) Evidentiary Log) (ls, COURT STAFF) (Date Filed: 11/19/2021) |
| Nov 19, 2021 | 175 | Evidentiary Log (2) |
| Nov 19, 2021 | 176 | Transcript Order (1) Docket Text: TRANSCRIPT ORDER for proceedings held on 11/18/2021 before Judge Charles R. Breyer by Kiva Brands Inc., for Court Reporter Katherine Sullivan. (Schuman, Brett) (Filed on 11/19/2021) |
| Nov 19, 2021 | 177 | Transcript Order (2) Docket Text: TRANSCRIPT ORDER for proceedings held on 11/18/2021 before Judge Charles R. Breyer by Kiva Health Brands LLC, for Court Reporter Katherine Sullivan. (Leiden, Diana) (Filed on 11/19/2021) |
| Nov 17, 2021 | N/A | Clerk's Notice (0) Docket Text: CLERK'S NOTICE ADVANCING HEARING TIME Re: Evidentiary Hearing (In-Person) on November 18, 2021 at 1:00 p.m. before the Honorable Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.) Evidentiary Hearing set for 11/18/2021 at 1:00 PM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 11/17/2021) |
| Nov 10, 2021 | 173 | Order on Administrative Motion per Civil Local Rule 7-11 (2) Docket Text:ORDER re Courtroom Equipment for Evidentiary Hearing by Judge Charles R. Breyer: Granting [172] Administrative Motion. (ls, COURT STAFF) (Filed on 11/10/2021) |
| Nov 9, 2021 | 172 | Main Document (3) Docket Text: ADMINISTRATIVE MOTION Request for Courtroom Equipment for Evidentiary Hearing re [171] Clerk's Notice, filed by Kiva Brands Inc.. Responses due by 11/15/2021. (Attachments: # (1) Proposed Order Regarding Kiva Brands Inc.'s Request for Courtroom Equipment for Evidentiary Hearing)(Schuman, Brett) (Filed on 11/9/2021) |
| Nov 9, 2021 | 172 | Proposed Order Regarding Kiva Brands Inc.'s Request for Courtroom Equipment (3) |
| Nov 1, 2021 | 169 | Order on Administrative Motion to File Under Seal (2) Docket Text:ORDER by Judge Charles R. Breyer: Granting [166] Administrative Motion to File Under Seal. (ls, COURT STAFF) (Filed on 11/1/2021) |
| Nov 1, 2021 | 170 | Status Report (4) Docket Text: STATUS REPORT by Kiva Brands Inc.. (Lateiner, Jeremy) (Filed on 11/1/2021) |
| Nov 1, 2021 | N/A | Clerk's Notice (0) Docket Text: CLERK'S NOTICE: Evidentiary Hearing (In-Person) set for 11/18/2021 at 2:00 PM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. The Court sets aside 2:00 p.m. to 4:00 p.m. for the hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 11/1/2021) |
| Oct 29, 2021 | 166 | Main Document (4) Docket Text: Administrative Motion to File Under Seal filed by Kiva Brands Inc.. (Attachments: # (1) Proposed Order, # (2) Redacted Defendant/Counterclaimant Kiva Brands Inc.'s Responsive Supplemental Brief on Laches (Dkt. 151, 152), # (3) Unredacted Defendant/Counterclaimant Kiva Brands Inc.'s Responsive Supplemental Brief on Laches (Dkt. 151, 152), # (4) Exhibit 2 Placeholder, # (5) Exhibit 2 [Unredacted], # (6) Exhibit 3 Placeholder, # (7) Exhibit 3 [Unredacted])(Schuman, Brett) (Filed on 10/29/2021) |
| Oct 29, 2021 | 166 | Proposed Order (3) |
| Oct 29, 2021 | 166 | Redacted Defendant/Counterclaimant Kiva Brands Inc.'s Responsive Supplemen (13) |
| Oct 29, 2021 | 166 | *Restricted* (13) |
| Oct 29, 2021 | 166 | Exhibit 2 Placeholder (1) |
| Oct 29, 2021 | 166 | *Restricted* (1) |
| Oct 29, 2021 | 166 | Exhibit 3 Placeholder (1) |
| Oct 29, 2021 | 166 | *Restricted* (1) |
| Oct 29, 2021 | 167 | Main Document (13) Docket Text: Response re [153] Opposition/Response to Motion,,, Defendant/Counterclaimant Kiva Brands Inc.'s Responsive Supplemental Brief on Laches (Dkt. 151, 152) byKiva Brands Inc.. (Attachments: # (1) Declaration of Jeremy Lateiner in Support of Defendant/Counterclaimant Kiva Brands Inc.'s Responsive Supplemental Brief on Laches (Dkt. 151, 152), # (2) Exhibit 1, # (3) Exhibit 2 Placeholder, # (4) Exhibit 3 Placeholder)(Schuman, Brett) (Filed on 10/29/2021) |
| Oct 29, 2021 | 167 | Declaration of Jeremy Lateiner in Support of Defendant/Counterclaimant Kiva Bran (4) |
| Oct 29, 2021 | 167 | Exhibit 1 (43) |
| Oct 29, 2021 | 167 | Exhibit 2 Placeholder (1) |
| Oct 29, 2021 | 167 | Exhibit 3 Placeholder (1) |
| Oct 29, 2021 | 168 | Main Document (12) Docket Text: Supplemental Brief re [153] Opposition/Response to Motion,,, for Reconsideration of Order Denying Motion for Summary Judgment on Laches filed byKiva Health Brands LLC. (Attachments: # (1) Declaration of Tchad Henderson, # (2) Exhibit 1 to Henderson Decl., # (3) Declaration of Sheila Auret, # (4) Exhibit A to Auret Decl., # (5) Exhibit B to Auret Decl., # (6) Proposed Order)(Related document(s)[153]) (Leiden, Diana) (Filed on 10/29/2021) |
| Oct 29, 2021 | 168 | Declaration of Tchad Henderson (3) |
| Oct 29, 2021 | 168 | Exhibit 1 to Henderson Decl. (3) |
| Oct 29, 2021 | 168 | Declaration of Sheila Auret (3) |
| Oct 29, 2021 | 168 | Exhibit A to Auret Decl. (2) |
| Oct 29, 2021 | 168 | Exhibit B to Auret Decl. (2) |
| Oct 29, 2021 | 168 | Proposed Order (2) |
| Oct 18, 2021 | N/A | Electronic Filing Error (0) Docket Text:Electronic filing error. E-filer is reminded to include a caption page in future if the exhibits are to be filed separately on the docket. Re:[160] Exhibits filed by Kiva Brands Inc., [159] Exhibits, filed by Kiva Brands Inc., [158] Exhibits, filed by Kiva Brands Inc., [161] Exhibits filed by Kiva Brands Inc., [162] Exhibits, filed by Kiva Brands Inc. (mclS, COURT STAFF) (Filed on 10/18/2021) |
| Oct 18, 2021 | 163 | Certificate of Service (3) Docket Text: CERTIFICATE OF SERVICE by Kiva Brands Inc. re [156] Administrative Motion to File Under Seal (Schuman, Brett) (Filed on 10/18/2021) |
| Oct 18, 2021 | 164 | Order on Administrative Motion to File Under Seal (2) Docket Text:ORDER GRANTING PLAINTIFFS ADMINISTRATIVE MOTION TO FILE UNDER SEAL by Judge Charles R. Breyer: Granting [154] Administrative Motion to File Under Seal. (lsS, COURT STAFF) (Filed on 10/18/2021) |
| Oct 18, 2021 | 165 | Order on Administrative Motion to File Under Seal (2) Docket Text:ORDER GRANTING DEFENDANT AND COUNTERCLAIMANT KIVA BRANDS INC.S ADMINISTRATIVE MOTION TO FILE UNDER SEAL by Judge Charles R. Breyer: Granting [156] Administrative Motion to File Under Seal. (lsS, COURT STAFF) (Filed on 10/18/2021) |
| Oct 16, 2021 | 160 | Main Document (108) Docket Text: EXHIBITS 4 Through 6 to the Declaration of Jeremy Lateiner filed byKiva Brands Inc.. (Attachments: # (1) Exhibit 4 (Part 2 of 2), # (2) Exhibit 5, # (3) Exhibit 6)(Schuman, Brett) (Filed on 10/16/2021) |
| Oct 16, 2021 | 160 | Exhibit 4 (Part 2 of 2) (112) |
| Oct 16, 2021 | 160 | Exhibit 5 (57) |
| Oct 16, 2021 | 160 | Exhibit 6 (164) |
| Oct 16, 2021 | 162 | Main Document (3) Docket Text: EXHIBITS re [157] Supplemental Brief, (Exhibits 13 through 18 to the Lateiner Declaration) filed byKiva Brands Inc.. (Attachments: # (1) Exhibit 14, # (2) Exhibit 15, # (3) Exhibit 16, # (4) Exhibit 17, # (5) Exhibit 18)(Related document(s)[157]) (Lateiner, Jeremy) (Filed on 10/16/2021) |
| Oct 16, 2021 | 162 | Exhibit 14 (12) |
| Oct 16, 2021 | 162 | Exhibit 15 (8) |
| Oct 16, 2021 | 162 | Exhibit 16 (1) |
| Oct 16, 2021 | 162 | Exhibit 17 (10) |
| Oct 16, 2021 | 162 | Exhibit 18 (7) |
| Oct 15, 2021 | 153 | Main Document (20) Docket Text: OPPOSITION/RESPONSE (re [123] MOTION for Reconsideration ) Opening Supplemental Brief in Opposition to Defendant's Motion for Reconsideration of Order Denying MSJ on Laches filed byKiva Health Brands LLC. (Attachments: # (1) Declaration of Laura Franco, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3 (Redacted), # (5) Exhibit 4, # (6) Exhibit 5 (Redacted), # (7) Exhibit 6 (Redacted), # (8) Exhibit 7, # (9) Exhibit 8 (Redacted), # (10) Exhibit 9 (Redacted), # (11) Exhibit 10 (Redacted), # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14, # (16) Exhibit 15, # (17) Declaration of Tchad Henderson, # (18) Exhibit A, # (19) Declaration of Janet Henderson, # (20) Exhibit A)(Leiden, Diana) (Filed on 10/15/2021) |
| Oct 15, 2021 | 153 | Declaration of Laura Franco (3) |
| Oct 15, 2021 | 153 | Exhibit 1 (5) |
| Oct 15, 2021 | 153 | Exhibit 2 (11) |
| Oct 15, 2021 | 153 | Exhibit 3 (Redacted) (15) |
| Oct 15, 2021 | 153 | Exhibit 4 (4) |
| Oct 15, 2021 | 153 | Exhibit 5 (Redacted) (8) |
| Oct 15, 2021 | 153 | Exhibit 6 (Redacted) (1) |
| Oct 15, 2021 | 153 | Exhibit 7 (3) |
| Oct 15, 2021 | 153 | Exhibit 8 (Redacted) (1) |
| Oct 15, 2021 | 153 | Exhibit 9 (Redacted) (1) |
| Oct 15, 2021 | 153 | Exhibit 10 (Redacted) (5) |
| Oct 15, 2021 | 153 | Exhibit 11 (9) |
| Oct 15, 2021 | 153 | Exhibit 12 (16) |
| Oct 15, 2021 | 153 | Exhibit 13 (17) |
| Oct 15, 2021 | 153 | Exhibit 14 (16) |
| Oct 15, 2021 | 153 | Exhibit 15 (4) |
| Oct 15, 2021 | 153 | Declaration of Tchad Henderson (6) |
| Oct 15, 2021 | 153 | Exhibit A (2) |
| Oct 15, 2021 | 153 | Declaration of Janet Henderson (2) |
| Oct 15, 2021 | 153 | Exhibit A (2) |
| Oct 15, 2021 | 154 | Main Document (5) Docket Text: Administrative Motion to File Under Seal filed by Kiva Health Brands LLC. (Attachments: # (1) Declaration of Tchad Henderson ISO Motion to File Under Seal, # (2) Proposed Order Granting Admin Motion to Seal, # (3) Redacted Version of Plaintiff's Opening Supplemental Brief in Opposition, # (4) Unredacted Version of Plaintiff's Opening Supplemental Brief in Opposition, # (5) Redacted Version of Declaration of Tchad Henderson, # (6) Unredacted Version of Declaration of Tchad Henderson, # (7) Redacted Version of Exhibit 3 to Franco Decl, # (8) Unredacted Version of Exhibit 3 to Franco Decl, # (9) Redacted Version of Exhibit 5 to Franco Decl, # (10) Unredacted Version of Exhibit 5 to Franco Decl, # (11) Redacted Version of Exhibit 6 to Franco Decl, # (12) Unredacted Version of Exhibit 6 to Franco Decl, # (13) Redacted Version of Exhibit 8 to Franco Decl, # (14) Unredacted Version of Exhibit 8 to Franco Decl, # (15) Redacted Version of Exhibit 09 to Franco Decl, # (16) Unredacted Version of Exhibit 9 to Franco Decl, # (17) Redacted Version of Exhibit 10 to Franco Decl, # (18) Unredacted Version of Exhibit 10 to Franco Decl)(Leiden, Diana) (Filed on 10/15/2021) |
| Oct 15, 2021 | 154 | Declaration of Tchad Henderson ISO Motion to File Under Seal (2) |
| Oct 15, 2021 | 154 | Proposed Order Granting Admin Motion to Seal (2) |
| Oct 15, 2021 | 154 | Redacted Version of Plaintiff's Opening Supplemental Brief in Opposition (20) |
| Oct 15, 2021 | 154 | *Restricted* (20) |
| Oct 15, 2021 | 154 | Redacted Version of Declaration of Tchad Henderson (6) |
| Oct 15, 2021 | 154 | *Restricted* (6) |
| Oct 15, 2021 | 154 | Redacted Version of Exhibit 3 to Franco Decl (15) |
| Oct 15, 2021 | 154 | *Restricted* (15) |
| Oct 15, 2021 | 154 | Redacted Version of Exhibit 5 to Franco Decl (8) |
| Oct 15, 2021 | 154 | *Restricted* (8) |
| Oct 15, 2021 | 154 | Redacted Version of Exhibit 6 to Franco Decl (1) |
| Oct 15, 2021 | 154 | *Restricted* (1) |
| Oct 15, 2021 | 154 | Redacted Version of Exhibit 8 to Franco Decl (1) |
| Oct 15, 2021 | 154 | *Restricted* (1) |
| Oct 15, 2021 | 154 | Redacted Version of Exhibit 09 to Franco Decl (1) |
| Oct 15, 2021 | 154 | *Restricted* (1) |
| Oct 15, 2021 | 154 | Redacted Version of Exhibit 10 to Franco Decl (5) |
| Oct 15, 2021 | 154 | *Restricted* (5) |
| Oct 15, 2021 | 155 | Certificate of Service (3) Docket Text: CERTIFICATE OF SERVICE by Kiva Health Brands LLC re [154] Administrative Motion to File Under Seal (Leiden, Diana) (Filed on 10/15/2021) |
| Oct 15, 2021 | 156 | Main Document (4) Docket Text: Administrative Motion to File Under Seal filed by Kiva Brands Inc.. (Attachments: # (1) Declaration of Dominic Rand in Support of Defendant and Counterclaimant Kiva Brands Inc.s Administrative Motion to File Under Seal, # (2) Proposed Order, # (3) Redacted Version of Defendant/Counterclaimant Kiva Brands Inc.'s Opening Supplemental Brief on Laches (Dkt. 151, 152), # (4) Unredacted Version of Defendant/Counterclaimant Kiva Brands Inc.'s Opening Supplemental Brief on Laches (Dkt. 151, 152), # (5) Exhibit 7 (Public), # (6) Exhibit 7 (Under Seal), # (7) Exhibit 10 (Public), # (8) Exhibit 10 (Under Seal), # (9) Exhibit 16 (Public), # (10) Exhibit 16 (Under Seal))(Schuman, Brett) (Filed on 10/15/2021) |
| Oct 15, 2021 | 156 | Declaration of Dominic Rand in Support of Defendant and Counterclaimant Kiva Bra (2) |
| Oct 15, 2021 | 156 | Proposed Order (3) |
| Oct 15, 2021 | 156 | Redacted Version of Defendant/Counterclaimant Kiva Brands Inc.'s Opening S (20) |
| Oct 15, 2021 | 156 | *Restricted* (20) |
| Oct 15, 2021 | 156 | Exhibit 7 (Public) (1) |
| Oct 15, 2021 | 156 | *Restricted* (1) |
| Oct 15, 2021 | 156 | Exhibit 10 (Public) (19) |
| Oct 15, 2021 | 156 | *Restricted* (19) |
| Oct 15, 2021 | 156 | Exhibit 16 (Public) (1) |
| Oct 15, 2021 | 156 | *Restricted* (1) |
| Oct 15, 2021 | 157 | Main Document (20) Docket Text: Supplemental Brief - Defendant/Counterclaimant Kiva Brands Inc.'s Opening Supplemental Brief on Laches (Dkt. 151, 152) filed byKiva Brands Inc.. (Attachments: # (1) Declaration of Jeremy Lateiner in Support of Defendant/Counterclaimant Kiva Brands Inc.'s Opening Supplemental Brief on Laches (Dkt. 151, 152))(Schuman, Brett) (Filed on 10/15/2021) |
| Oct 15, 2021 | 157 | Declaration of Jeremy Lateiner in Support of Defendant/Counterclaimant Kiva Bran (7) |
| Oct 15, 2021 | 158 | Main Document (149) Docket Text: EXHIBITS re [157] Supplemental Brief, - Exhibit 1 to the Declaration of Jeremy Lateiner filed byKiva Brands Inc.. (Attachments: # (1) Exhibit 1 (Part 2 of 4), # (2) Exhibit 1 (Part 3 of 4), # (3) Exhibit 1 (Part 4 of 4))(Related document(s)[157]) (Schuman, Brett) (Filed on 10/15/2021) |
| Oct 15, 2021 | 158 | Exhibit 1 (Part 2 of 4) (149) |
| Oct 15, 2021 | 158 | Exhibit 1 (Part 3 of 4) (149) |
| Oct 15, 2021 | 158 | Exhibit 1 (Part 4 of 4) (147) |
| Oct 15, 2021 | 159 | Main Document (123) Docket Text: EXHIBITS re [157] Supplemental Brief, [158] Exhibits, - Exhibit 2 & 3 to the Declaration of Jeremy Lateiner filed byKiva Brands Inc.. (Attachments: # (1) Exhibit 2 (Part 2 of 2), # (2) Exhibit 3)(Related document(s)[157], [158]) (Schuman, Brett) (Filed on 10/15/2021) |
| Oct 15, 2021 | 159 | Exhibit 2 (Part 2 of 2) (123) |
| Oct 15, 2021 | 159 | Exhibit 3 (30) |
| Oct 15, 2021 | 161 | Main Document (1) Docket Text: EXHIBITS 7 Through 12 to the Declaration of Jeremy Lateiner filed byKiva Brands Inc.. (Attachments: # (1) Exhibit 8, # (2) Exhibit 9, # (3) Exhibit 10 [Redacted], # (4) Exhibit 11, # (5) Exhibit 12)(Schuman, Brett) (Filed on 10/15/2021) |
| Oct 15, 2021 | 161 | Exhibit 8 (141) |
| Oct 15, 2021 | 161 | Exhibit 9 (15) |
| Oct 15, 2021 | 161 | Exhibit 10 [Redacted] (19) |
| Oct 15, 2021 | 161 | Exhibit 11 (2) |
| Oct 15, 2021 | 161 | Exhibit 12 (3) |
| Sep 8, 2021 | N/A | Set Deadlines/Hearings (0) Docket Text: Set Deadlines/Hearings: Evidentiary Hearing set for 11/18/2021 at 2:00 PM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 9/8/2021) |
| Sep 8, 2021 | 152 | Order (1) Docket Text:ORDER RE STATUS REPORT. Signed by Judge Charles R. Breyer on 9/8/2021. (crblc1, COURT STAFF) (Filed on 9/8/2021) |
| Sep 2, 2021 | 151 | Status Report (8) Docket Text: STATUS REPORT by Kiva Brands Inc.. (Schuman, Brett) (Filed on 9/2/2021) |
| Aug 17, 2021 | 150 | Transcript (37) Docket Text: Transcript of Zoom Webinar Proceedings held on August 5, 2021, before Judge Charles R. Breyer. Court Reporter/Transcriber Marla F. Knox, RPR, CRR, RMR, telephone number (602) 391-6990/email marla_knox@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re [146] Transcript Order ) Release of Transcript Restriction set for 11/15/2021. (Related documents(s) [146]) (mfk, COURT STAFF) (Filed on 8/17/2021) |
| Aug 10, 2021 | N/A | Clerk's Notice (0) Docket Text: CLERK'S NOTICE VACATING PRETRIAL DEADLINES, PRETRIAL CONFERENCE set for September 16, 2021 and Jury Trial set for October 4, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 8/10/2021) |
| Aug 8, 2021 | 148 | Order (2) Docket Text:ORDER TAKING UNDER SUBMISSION MOTION FOR RECONSIDERATION. Signed by Judge Charles R. Breyer on 8/6/2021. (crblc1, COURT STAFF) (Filed on 8/8/2021) |
| Aug 5, 2021 | N/A | Motion Hearing (0) Docket Text:Minute Entry for proceedings held before Judge Charles R. Breyer: Motion for Leave to File Motion for Reconsideration Hearing held on 8/5/2021. The matter was taken under submission. The Court will issue an order. (Total Time in Court: 1 Hour) Court Reporter: Marla Knox. Plaintiff Attorney: Diana Hughes Leiden, Laura M. Hayes, Yarden Kakon. Defendant Attorney: Brett Schuman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Date Filed: 8/5/2021) |
| Aug 5, 2021 | 146 | Transcript Order (1) Docket Text: TRANSCRIPT ORDER for proceedings held on 08/05/2021 before Judge Charles R. Breyer by Kiva Health Brands LLC, for Court Reporter Marla Knox. (Leiden, Diana) (Filed on 8/5/2021) |
| Aug 5, 2021 | 147 | Transcript Order (1) Docket Text: TRANSCRIPT ORDER for proceedings held on 08/05/2021 before Judge Charles R. Breyer by Kiva Brands Inc., for Court Reporter Marla Knox. (Schuman, Brett) (Filed on 8/5/2021) |
| Jul 28, 2021 | 144 | Notice (Other) (2) Docket Text: NOTICE of Withdrawal of Counsel by Kiva Health Brands LLC (Romm, Leah) (Filed on 7/28/2021) Modified on 7/29/2021 (jlgS, COURT STAFF). |
| Jul 22, 2021 | 142 | Order on Administrative Motion to File Under Seal (2) Docket Text:ORDER by Judge Charles R. Breyer: Granting [137] Administrative Motion to File Under Seal. (lsS, COURT STAFF) (Filed on 7/22/2021) |
| Jul 22, 2021 | 143 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Yarden Zehava Kakon on behalf of Kiva Health Brands LLC (Kakon, Yarden) (Filed on 7/22/2021) |
| Jul 21, 2021 | 139 | Notice (Other) (4) Docket Text: NOTICE by Kiva Health Brands LLC re Plaintiff's Request to Consider Its Opposition to Defendant's Motion for Reconsideration in its Entirety (with Proposed Order) [74] [133] (Leiden, Diana) (Filed on 7/21/2021) |
| Jul 21, 2021 | 140 | Response ( Non Motion ) (4) Docket Text: RESPONSE re [139] Notice (Other) to Kiva Health Brands LLC's Request to Consider its Opposition to Kiva Brands Inc.'s Motion for Reconsideration of the Court's Order Denying its Motion for Summary Judgment Based on its Laches Affirmative Defense in its Entirety by Kiva Brands Inc.. (Schuman, Brett) (Filed on 7/21/2021) |
| Jul 21, 2021 | 141 | Certificate of Service (3) Docket Text: CERTIFICATE OF SERVICE by Kiva Brands Inc. re [137] Administrative Motion to File Under Seal (Schuman, Brett) (Filed on 7/21/2021) |
| Jul 20, 2021 | 138 | Main Document (20) Docket Text: REPLY (re [123] MOTION for Reconsideration ) in Support of Defendant and Counterclaimant Kiva Brands Inc.'s Motion for Reconsideration of the Court's Order (Dkt. 74) Denying Its Motion for Summary Judgment Regarding Laches filed byKiva Brands Inc.. (Attachments: # (1) Declaration of Brett Schuman in Support of Defendant and Counterclaimant Kiva Brands Inc.s Reply in Support of Its Motion for Reconsideration of the Courts Order (Dkt. 74) Denying Its Motion for Summary Judgment Regarding Laches, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4 Placeholder, # (6) Exhibit 5)(Schuman, Brett) (Filed on 7/20/2021) |
| Jul 20, 2021 | 138 | Declaration of Brett Schuman in Support of Defendant and Counterclaimant Kiva Br (4) |
| Jul 20, 2021 | 138 | Exhibit 1 (6) |
| Jul 20, 2021 | 138 | Exhibit 2 (7) |
| Jul 20, 2021 | 138 | Exhibit 3 (14) |
| Jul 20, 2021 | 138 | Exhibit 4 Placeholder (1) |
| Jul 20, 2021 | 138 | Exhibit 5 (5) |
| Jul 16, 2021 | 136 | Order on Administrative Motion to File Under Seal (2) Docket Text:ORDER by Judge Charles R. Breyer: Granting [134] Administrative Motion to File Under Seal. Counsel shall provide the Court with a hard copy of the un-redacted brief. (lsS, COURT STAFF) (Filed on 7/16/2021) |
| Jul 13, 2021 | 133 | Main Document (30) Docket Text: Opposition to Kiva Brands Inc.'s Motion for Reconsideration [123]of the Court's Order [74] [132] filed byKiva Health Brands LLC. (Attachments: # (1) Declaration of Diana Leiden ISO Opposition to Motion for Reconsideration, # (2) Exhibit A to Leiden Decl. (PUBLIC), # (3) Exhibit B to Leiden Decl. (PUBLIC), # (4) Exhibit C to Leiden Decl., # (5) Exhibit D to Leiden Decl. (PUBLIC), # (6) Exhibit E to Leiden Decl. (PUBLIC), # (7) Exhibit F to Leiden Decl., # (8) Exhibit G to Leiden Decl. (PUBLIC), # (9) Exhibit H to Leiden Decl. (PUBLIC), # (10) Exhibit I to Leiden Decl., # (11) Exhibit J to Leiden Decl., # (12) Exhibit K to Leiden Decl., # (13) Exhibit L to Leiden Decl. (PUBLIC), # (14) Exhibit M to Leiden Decl. (PUBLIC), # (15) Exhibit N to Leiden Decl., # (16) Exhibit O to Leiden Decl., # (17) Declaration of Tchad Henderson ISO Opposition to Motion for Reconsideration, # (18) Exhibit A to T. Henderson Decl., # (19) Exhibit B to T. Henderson Decl., # (20) Exhibit C to T. Henderson Decl., # (21) Declaration of Janet Henderson ISO Opposition to Motion for Reconsideration, # (22) Exhibit A to J. Henderson Decl., # (23) Exhibit B to J. Henderson Decl., # (24) Declaration of James Chong ISO Opposition to Motion for Reconsideration, # (25) Exhibit A to Chong Decl., # (26) Declaration of Sheila Auret ISO Opposition to Motion for Reconsideration, # (27) Exhibit A to Auret Decl., # (28) Proposed Order Denying KBI's Motion for Reconsideration)(Leiden, Diana) (Filed on 7/13/2021) Modified on 7/14/2021 (msrS, COURT STAFF). |
| Jul 13, 2021 | 133 | Declaration of Diana Leiden ISO Opposition to Motion for Reconsideration (3) |
| Jul 13, 2021 | 133 | Exhibit A to Leiden Decl. (PUBLIC) (13) |
| Jul 13, 2021 | 133 | Exhibit B to Leiden Decl. (PUBLIC) (1) |
| Jul 13, 2021 | 133 | Exhibit C to Leiden Decl. (7) |
| Jul 13, 2021 | 133 | Exhibit D to Leiden Decl. (PUBLIC) (16) |
| Jul 13, 2021 | 133 | Exhibit E to Leiden Decl. (PUBLIC) (1) |
| Jul 13, 2021 | 133 | Exhibit F to Leiden Decl. (9) |
| Jul 13, 2021 | 133 | Exhibit G to Leiden Decl. (PUBLIC) (8) |
| Jul 13, 2021 | 133 | Exhibit H to Leiden Decl. (PUBLIC) (1) |
| Jul 13, 2021 | 133 | Exhibit I to Leiden Decl. (10) |
| Jul 13, 2021 | 133 | Exhibit J to Leiden Decl. (7) |
| Jul 13, 2021 | 133 | Exhibit K to Leiden Decl. (7) |
| Jul 13, 2021 | 133 | Exhibit L to Leiden Decl. (PUBLIC) (1) |
| Jul 13, 2021 | 133 | Exhibit M to Leiden Decl. (PUBLIC) (1) |
| Jul 13, 2021 | 133 | Exhibit N to Leiden Decl. (11) |
| Jul 13, 2021 | 133 | Exhibit O to Leiden Decl. (17) |
| Jul 13, 2021 | 133 | Declaration of Tchad Henderson ISO Opposition to Motion for Reconsideration (5) |
| Jul 13, 2021 | 133 | Exhibit A to T. Henderson Decl. (20) |
| Jul 13, 2021 | 133 | Exhibit B to T. Henderson Decl. (72) |
| Jul 13, 2021 | 133 | Exhibit C to T. Henderson Decl. (3) |
| Jul 13, 2021 | 133 | Declaration of Janet Henderson ISO Opposition to Motion for Reconsideration (3) |
| Jul 13, 2021 | 133 | Exhibit A to J. Henderson Decl. (4) |
| Jul 13, 2021 | 133 | Exhibit B to J. Henderson Decl. (5) |
| Jul 13, 2021 | 133 | Declaration of James Chong ISO Opposition to Motion for Reconsideration (3) |
| Jul 13, 2021 | 133 | Exhibit A to Chong Decl. (2) |
| Jul 13, 2021 | 133 | Declaration of Sheila Auret ISO Opposition to Motion for Reconsideration (3) |
| Jul 13, 2021 | 133 | Exhibit A to Auret Decl. (3) |
| Jul 13, 2021 | 133 | Proposed Order Denying KBI's Motion for Reconsideration (2) |
| Jul 13, 2021 | 134 | Main Document (5) Docket Text: Administrative Motion to File Under Seal Opposition to Motion for Reconsideration and Exhibits A, B, D, E, G, H, L and M to the Declaration of Diana Leiden filed by Kiva Health Brands LLC. (Attachments: # (1) Declaration of Tchad Henderson ISO Motion to File Under Seal, # (2) Proposed Order Granting Admin Motion to Seal, # (3) Redacted Version of Plaintiff's Opposition to Motion for Reconsideration, # (4) Unredacted Version of Plaintiff's Opposition to Motion for Reconsideration, # (5) Redacted Version of Exhibit A to Leiden Decl., # (6) Unredacted Version of Exhibit A to Leiden Decl., # (7) Redacted Version of Exhibit B to Leiden Decl., # (8) Unredacted Version of Exhibit B to Leiden Decl., # (9) Redacted Version of Exhibit D to Leiden Decl., # (10) Unredacted Version of Exhibit D to Leiden Decl., # (11) Redacted Version of Exhibit E to Leiden Decl., # (12) Unredacted Version of Exhibit E to Leiden Decl., # (13) Redacted Version of Exhibit G to Leiden Decl., # (14) Unredacted Version of Exhibit G to Leiden Decl., # (15) Redacted Version of Exhibit H to Leiden Decl., # (16) Unredacted Version of Exhibit H to Leiden Decl., # (17) Redacted Version of Exhibit L to Leiden Decl., # (18) Unredacted Version of Exhibit L to Leiden Decl., # (19) Redacted Version of Exhibit M to Leiden Decl., # (20) Unredacted Version of Exhibit M to Leiden Decl.)(Leiden, Diana) (Filed on 7/13/2021) |
| Jul 13, 2021 | 134 | Declaration of Tchad Henderson ISO Motion to File Under Seal (2) |
| Jul 13, 2021 | 134 | Proposed Order Granting Admin Motion to Seal (2) |
| Jul 13, 2021 | 134 | Redacted Version of Plaintiff's Opposition to Motion for Reconsideration (30) |
| Jul 13, 2021 | 134 | *Restricted* (30) |
| Jul 13, 2021 | 134 | Redacted Version of Exhibit A to Leiden Decl. (13) |
| Jul 13, 2021 | 134 | *Restricted* (13) |
| Jul 13, 2021 | 134 | Redacted Version of Exhibit B to Leiden Decl. (1) |
| Jul 13, 2021 | 134 | *Restricted* (1) |
| Jul 13, 2021 | 134 | Redacted Version of Exhibit D to Leiden Decl. (16) |
| Jul 13, 2021 | 134 | *Restricted* (16) |
| Jul 13, 2021 | 134 | Redacted Version of Exhibit E to Leiden Decl. (1) |
| Jul 13, 2021 | 134 | *Restricted* (1) |
| Jul 13, 2021 | 134 | Redacted Version of Exhibit G to Leiden Decl. (8) |
| Jul 13, 2021 | 134 | *Restricted* (8) |
| Jul 13, 2021 | 134 | Redacted Version of Exhibit H to Leiden Decl. (1) |
| Jul 13, 2021 | 134 | *Restricted* (1) |
| Jul 13, 2021 | 134 | Redacted Version of Exhibit L to Leiden Decl. (1) |
| Jul 13, 2021 | 134 | *Restricted* (1) |
| Jul 13, 2021 | 134 | Redacted Version of Exhibit M to Leiden Decl. (1) |
| Jul 13, 2021 | 134 | *Restricted* (1) |
| Jul 13, 2021 | 135 | Certificate of Service (3) Docket Text: CERTIFICATE OF SERVICE by Kiva Health Brands LLC re [134] Administrative Motion to File Under Seal Opposition to Motion for Reconsideration and Exhibits A, B, D, E, G, H, L and M to the Declaration of Diana Leiden (Leiden, Diana) (Filed on 7/13/2021) |
| Jun 24, 2021 | N/A | Set Motion and Deadlines/Hearings No NEF (0) Docket Text: Set/Reset Deadlines. Motion Hearing set for 8/5/2021 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crdcrb@cand.uscourts.gov no later than August 3, 2021 at 3:00 PM PST. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup:https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 8/5/2021 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 6/24/2021) |
| Jun 24, 2021 | 132 | Order on Stipulation (4) Docket Text:STIPULATION AND ORDER by Judge Charles R. Breyer: Granting [131] Stipulation. Motion Hearing set for 8/5/2021 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. 1. KHBs deadline to file an opposition to KBIs Motion shall be July 13, 2021;2. KBIs deadline to file a reply in support of its Motion shall be July 20, 2021; and3. The hearing on KBIs Motion shall be scheduled for August 5, 2021, at 10:00 A.M.(lsS, COURT STAFF) (Filed on 6/24/2021) |
| Jun 16, 2021 | 129 | Order on Administrative Motion to File Under Seal (2) Docket Text:ORDER by Judge Charles R. Breyer: Granting [121] Administrative Motion to File Under Seal. Counsel shall provide the Court a non-redacted copy of the motion for reconsideration. (lsS, COURT STAFF) (Filed on 6/16/2021) |
| Jun 16, 2021 | 131 | Main Document (4) Docket Text: STIPULATION WITH PROPOSED ORDER to Enlarge Deadlines Set Forth in Order Granting Leave to File Motion for Reconsideration and Setting Briefing Schedule [127] filed by Kiva Health Brands LLC. (Attachments: # (1) Declaration of Diana Leiden ISO Joint Stipulation to Enlarge Deadlines)(Leiden, Diana) (Filed on 6/16/2021) |
| Jun 16, 2021 | 131 | Declaration of Diana Leiden ISO Joint Stipulation to Enlarge Deadlines (3) |
| Jun 15, 2021 | N/A | Set/Reset Hearings (0) Docket Text: Set/Reset Hearing. Motion Hearing set for 7/16/2021 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than July 13, 2021 at 3:00 PM PST. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup:https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 7/16/2021 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 6/15/2021) |
| Jun 15, 2021 | 127 | Order on Motion for Leave to File (2) Docket Text:ORDER by Judge Charles R. Breyer granting [123] Motion for Leave to File. (crblc1, COURT STAFF) (Filed on 6/15/2021) |
| Jun 15, 2021 | 128 | Main Document (4) Docket Text: Declaration of Tchad Henderson in Support of [121] Administrative Motion to File Under Seal filed byKiva Health Brands LLC. (Attachments: # (1) Proposed Order Granting Admin Motion to File Under Seal)(Related document(s)[121]) (Franco, Laura) (Filed on 6/15/2021) |
| Jun 15, 2021 | 128 | Proposed Order Granting Admin Motion to File Under Seal (2) |
| Jun 14, 2021 | 126 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE by Kiva Brands Inc. (Schuman, Brett) (Filed on 6/14/2021) |
| Jun 12, 2021 | 125 | Main Document (5) Docket Text: EXHIBITS re [123] MOTION for Leave to File Motion for Reconsideration of the Court's Order (Dkt. 74) filed byKiva Brands Inc.. (Attachments: # (1) Exhibit 13, # (2) Exhibit 14 - Placeholder, # (3) Exhibit 15, # (4) Exhibit 16, # (5) Exhibit 17 - Placeholder, # (6) Exhibit 18, # (7) Exhibit 19, # (8) Exhibit 20 - Placeholder, # (9) Exhibit 21, # (10) Exhibit 22, # (11) Exhibit 23 - Placeholder)(Related document(s)[123]) (Schuman, Brett) (Filed on 6/12/2021) |
| Jun 12, 2021 | 125 | Exhibit 13 (14) |
| Jun 12, 2021 | 125 | Exhibit 14 - Placeholder (18) |
| Jun 12, 2021 | 125 | Exhibit 15 (8) |
| Jun 12, 2021 | 125 | Exhibit 16 (10) |
| Jun 12, 2021 | 125 | Exhibit 17 - Placeholder (1) |
| Jun 12, 2021 | 125 | Exhibit 18 (46) |
| Jun 12, 2021 | 125 | Exhibit 19 (14) |
| Jun 12, 2021 | 125 | Exhibit 20 - Placeholder (1) |
| Jun 12, 2021 | 125 | Exhibit 21 (9) |
| Jun 12, 2021 | 125 | Exhibit 22 (17) |
| Jun 12, 2021 | 125 | Exhibit 23 - Placeholder (1) |
| Jun 11, 2021 | 121 | Main Document (4) Docket Text: Administrative Motion to File Under Seal filed by Kiva Brands Inc.. (Attachments: # (1) Declaration of Dominic Rand ISO Administrative Motion to File Under Seal, # (2) Proposed Order, # (3) Redacted Notice of Motion and Motion for Reconsideration, # (4) Unredacted Notice of Motion and Motion for Reconsideration, # (5) Redacted Declaration of Dominic Rand ISO Motion for Reconsideration, # (6) Unredacted Declaration of Dominic Rand ISO Motion for Reconsideration)(Schuman, Brett) (Filed on 6/11/2021) |
| Jun 11, 2021 | 121 | Declaration of Dominic Rand ISO Administrative Motion to File Under Seal (2) |
| Jun 11, 2021 | 121 | Proposed Order (3) |
| Jun 11, 2021 | 121 | Redacted Notice of Motion and Motion for Reconsideration (20) |
| Jun 11, 2021 | 121 | *Restricted* (20) |
| Jun 11, 2021 | 121 | Redacted Declaration of Dominic Rand ISO Motion for Reconsideration (2) |
| Jun 11, 2021 | 121 | *Restricted* (2) |
| Jun 11, 2021 | 123 | Main Document (11) Docket Text: MOTION for Leave to File Motion for Reconsideration of the Court's Order (Dkt. 74) filed by Kiva Brands Inc.. (Attachments: # (1) Redacted Notice of Motion and Motion for Reconsideration, # (2) Redacted Declaration of Dominic Rand ISO Motion for Reconsideration, # (3) Proposed Order Granting Motion for Reconsideration, # (4) Declaration of Jeremy Lateiner ISO Motion for Leave, Motion for Reconsideration, # (5) Proposed Order Granting Motion for Leave)(Schuman, Brett) (Filed on 6/11/2021) Modified on 7/14/2021 (msrS, COURT STAFF). Modified on 7/14/2021 (msrS, COURT STAFF). |
| Jun 11, 2021 | 123 | Redacted Notice of Motion and Motion for Reconsideration (20) |
| Jun 11, 2021 | 123 | Redacted Declaration of Dominic Rand ISO Motion for Reconsideration (2) |
| Jun 11, 2021 | 123 | Proposed Order Granting Motion for Reconsideration (2) |
| Jun 11, 2021 | 123 | Declaration of Jeremy Lateiner ISO Motion for Leave, Motion for Reconsideration (6) |
| Jun 11, 2021 | 123 | Proposed Order Granting Motion for Leave (2) |
| Jun 11, 2021 | 124 | Main Document (12) Docket Text: EXHIBITS re [123] MOTION for Leave to File Motion for Reconsideration of the Court's Order (Dkt. 74) filed byKiva Brands Inc.. (Attachments: # (1) Exhibit 2, # (2) Exhibit 3, # (3) Exhibit 4 - Placeholder, # (4) Exhibit 5, # (5) Exhibit 6, # (6) Exhibit 7, # (7) Exhibit 8, # (8) Exhibit 9, # (9) Exhibit 10, # (10) Exhibit 11)(Related document(s)[123]) (Schuman, Brett) (Filed on 6/11/2021) |
| Jun 11, 2021 | 124 | Exhibit 2 (12) |
| Jun 11, 2021 | 124 | Exhibit 3 (8) |
| Jun 11, 2021 | 124 | Exhibit 4 - Placeholder (1) |
| Jun 11, 2021 | 124 | Exhibit 5 (8) |
| Jun 11, 2021 | 124 | Exhibit 6 (35) |
| Jun 11, 2021 | 124 | Exhibit 7 (6) |
| Jun 11, 2021 | 124 | Exhibit 8 (6) |
| Jun 11, 2021 | 124 | Exhibit 9 (66) |
| Jun 11, 2021 | 124 | Exhibit 10 (17) |
| Jun 11, 2021 | 124 | Exhibit 11 (38) |
| May 12, 2021 | 120 | Order (3) Docket Text:ORDER REGARDING [115] 4/9/21 DISCOVERY LETTER. Signed by Judge Kandis A. Westmore on 5/12/2021. (amgS, COURT STAFF) (Filed on 5/12/2021) |
| Apr 16, 2021 | 119 | Order on Administrative Motion to File Under Seal (2) Docket Text:Order by Magistrate Judge Kandis A. Westmore granting [116] Administrative Motion to File Under Seal.(dtmS, COURT STAFF) (Filed on 4/16/2021) |
| Apr 13, 2021 | 118 | Declaration in Support (4) Docket Text: Declaration of Dominic Rand in Support of [116] Administrative Motion to File Under Seal Exhibit 3 to Joint Discovery Letter filed byKiva Brands Inc.. (Related document(s)[116]) (Lateiner, Jeremy) (Filed on 4/13/2021) |
| Apr 9, 2021 | 115 | Main Document (9) Docket Text: Joint Discovery Letter Brief(with Exhibits 1-4) filed by Kiva Health Brands LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3 (Redacted), # (4) Exhibit 4)(Leiden, Diana) (Filed on 4/9/2021) |
| Apr 9, 2021 | 115 | Exhibit 1 (4) |
| Apr 9, 2021 | 115 | Exhibit 2 (3) |
| Apr 9, 2021 | 115 | Exhibit 3 (Redacted) (1) |
| Apr 9, 2021 | 115 | Exhibit 4 (2) |
| Apr 9, 2021 | 116 | Main Document (5) Docket Text: Administrative Motion to File Under Seal Exhibit 3 to Joint Discovery Letter filed by Kiva Health Brands LLC. (Attachments: # (1) Declaration of Diana Leiden ISO Admin Motion to Seal, # (2) Proposed Order Granting Admin Motion to Seal, # (3) Redacted Version of Exhibit 3 to Joint Discovery Letter, # (4) Unredacted Version of Exhibit 3 to Joint Discovery Letter)(Leiden, Diana) (Filed on 4/9/2021) |
| Apr 9, 2021 | 116 | Declaration of Diana Leiden ISO Admin Motion to Seal (3) |
| Apr 9, 2021 | 116 | Proposed Order Granting Admin Motion to Seal (2) |
| Apr 9, 2021 | 116 | Redacted Version of Exhibit 3 to Joint Discovery Letter (1) |
| Apr 9, 2021 | 116 | *Restricted* (1) |
| Apr 9, 2021 | 117 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE by Kiva Health Brands LLC re [116] Administrative Motion to File Under Seal Exhibit 3 to Joint Discovery Letter (Leiden, Diana) (Filed on 4/9/2021) |
| Apr 2, 2021 | 114 | Order on Discovery Letter Brief (2) Docket Text: ORDER REGARDING 3/4/21 JOINT DISCOVERY LETTER RE ATTORNEY-CLIENT PRIVILEGE [113] by Magistrate Judge Kandis A. Westmore.(dtmS, COURT STAFF) (Filed on 4/2/2021) |
| Mar 4, 2021 | 113 | Main Document (8) Docket Text: Joint Discovery Letter Brief filed by Kiva Brands Inc.. (Attachments: # (1) Exhibits 1-3 to Joint Discovery Letter)(Schuman, Brett) (Filed on 3/4/2021) |
| Mar 4, 2021 | 113 | Exhibits 1-3 to Joint Discovery Letter (12) |
| Feb 9, 2021 | 109 | Letter (2) Docket Text: Letter from Jennifer Briggs Fisher Regarding Stipulation Setting Forth Deposition Dates. (Fisher, Jennifer) (Filed on 2/9/2021) |
| Feb 9, 2021 | 110 | Stipulation (5) Docket Text: STIPULATION Regarding Deposition Scheduling Pursuant to 1/21/21 Order filed by Kiva Brands Inc.. (Fisher, Jennifer) (Filed on 2/9/2021) |
| Feb 9, 2021 | 111 | Response ( Non Motion ) (3) Docket Text: RESPONSE re [109] Letter Plaintiff and Counter-Defendant Kiva Health Brands LLC's Objections and Response to Defendant and Counterclaimant Kiva Brands Inc.'s Letter Brief by Kiva Health Brands LLC. (Leiden, Diana) (Filed on 2/9/2021) |
| Feb 9, 2021 | 112 | Order on Stipulation (4) Docket Text:Order by Magistrate Judge Kandis A. Westmore granting [108] Stipulation Enlarging Discovery Deadlines.(dtmS, COURT STAFF) (Filed on 2/9/2021) |
| Jan 22, 2021 | 108 | Main Document (4) Docket Text: STIPULATION WITH PROPOSED ORDER re [107] Order on Discovery Letter Brief to Enlarge Deadlines filed by Kiva Health Brands LLC and Kiva Brands Inc. (Attachments: # (1) Declaration of Diana Leiden ISO Joint Stipulation to Enlarge Deadlines)(Leiden, Diana) (Filed on 1/22/2021) Modified on 1/27/2021 (anjS, COURT STAFF). |
| Jan 22, 2021 | 108 | Declaration of Diana Leiden ISO Joint Stipulation to Enlarge Deadlines (3) |
| Jan 21, 2021 | 106 | Order on Stipulation (3) Docket Text:STIPULATION AND ORDER TO CHANGE COUNSEL by Judge Charles R. Breyer: Granting [105] Stipulation. (lsS, COURT STAFF) (Filed on 1/21/2021) |
| Jan 21, 2021 | 107 | Order on Discovery Letter Brief (2) Docket Text:ORDER REGARDING 1/5/21 JOINT DISCOVERY LETTER [102] by Magistrate Judge Kandis A. Westmore.(dtmS, COURT STAFF) (Filed on 1/21/2021) |
| Jan 20, 2021 | 105 | Stipulation (3) Docket Text: STIPULATION WITH PROPOSED ORDER STIPULATION OF CHANGE IN COUNSEL AND [PROPOSED] ORDER filed by Kiva Health Brands LLC. (Franco, Laura) (Filed on 1/20/2021) |
| Jan 15, 2021 | 104 | Discovery Hearing (1) Docket Text:Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Telephone Conference re Discovery Letter Brief [102] held on 1/15/2019. Court Reporter: Not reported. (dtmS, COURT STAFF) (Date Filed: 1/15/2021) |
| Jan 5, 2021 | 102 | Discovery Letter Brief (8) Docket Text: Joint Discovery Letter Brief filed by Kiva Brands Inc.. (Schuman, Brett) (Filed on 1/5/2021) |
| Dec 2, 2020 | 101 | Stipulation and Order (7) Docket Text:STIPULATION AND ORDER - Re [99] Joint Case Management Statement filed by Kiva Health Brands LLC: Jury Selection set for 10/4/2021 at 9:15 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Jury Trial set for 10/4/2021 at 9:15 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Pretrial Conference set for 9/16/2021 at 2:00 PM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Jury Trial set for 10/5/2021 at 9:15 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Jury Trial set for 10/6/2021 at 9:15 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Jury Trial set for 10/7/2021 at 9:15 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Jury Trial set for 10/8/2021 at 9:15 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Signed by Judge Charles R. Breyer on 12/2/2020. (lsS, COURT STAFF) (Filed on 12/2/2020) |
| Nov 16, 2020 | 100 | Answer to to CounterClaim (12) Docket Text: ANSWER TO COUNTERCLAIM (Second Amended Counterclaims) of Kiva Brands Inc. byKiva Health Brands LLC. (Fritz, Kathryn) (Filed on 11/16/2020) |
| Nov 10, 2020 | 99 | Main Document (4) Docket Text: JOINT CASE MANAGEMENT STATEMENT and Proposed Amended CMC Order filed by Kiva Health Brands LLC. (Attachments: # (1) Declaration of K. Fritz ISO Joint Stip and Prop Amended CMC Order)(Fritz, Kathryn) (Filed on 11/10/2020) |
| Nov 10, 2020 | 99 | Declaration of K. Fritz ISO Joint Stip and Prop Amended CMC Order (3) |
| Nov 2, 2020 | 98 | Answer to Amended Complaint (23) Docket Text: Answer to Amended Complaint [94] Amended Complaint , Second COUNTERCLAIM (Amended) against Kiva Health Brands LLC byKiva Brands Inc.. (Schuman, Brett) (Filed on 11/2/2020) |
| Oct 22, 2020 | 97 | Order (6) Docket Text:ORDER REGARDING 9/28/20 JOINT LETTERS [87] [88][89] and [90]: Parties shall provide supplemental responses, as required, within 14 days of this order. Signed by Magistrate Judge Kandis A. Westmore on 10/22/2020. (ig, COURT STAFF) (Filed on 10/22/2020) |
| Oct 21, 2020 | 96 | Patent/Trademark Report (1) Docket Text: REPORT on the filing or determination of an action regarding Amended Complaint Trademark(cc: form mailed to register). (msrS, COURT STAFF) (Filed on 10/21/2020) |
| Oct 19, 2020 | 93 | Order on Motion for Leave to File (2) Docket Text:ORDER by Judge Charles R. Breyer: Granting [85] Motion for Leave to File Amended Complaint. (lsS, COURT STAFF) (Filed on 10/19/2020) |
| Oct 19, 2020 | 94 | Main Document (14) Docket Text: AMENDED COMPLAINT against Kiva Brands Inc.. Filed byKiva Health Brands LLC. (Attachments: # (1) Exhibit Exhibit 1 to Kiva Health's Amended Complaint)(Fritz, Kathryn) (Filed on 10/19/2020) |
| Oct 19, 2020 | 94 | Exhibit Exhibit 1 to Kiva Health's Amended Complaint (5) |
| Oct 19, 2020 | N/A | Clerk's Notice (0) Docket Text: CLERK'S NOTICE REGARDING THE FILING OF AN AMENDED COMPLAINT REGARDING A TRADEMARK. The provisions of 17 U.S.C. 508 require the submission of a report to the Register of Copyrights. Please e-file a proposed Report on the Filing or Determination of an Action or Appeal Regarding a Copyright form AO 121 using the event Civil Events Other Filings Notices Notice (Other), within five days of this notice.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (msrS, COURT STAFF) (Filed on 10/19/2020) Modified on 10/20/2020 (msrS, COURT STAFF). |
| Oct 15, 2020 | N/A | Clerk's Notice (0) Docket Text: CLERK'S NOTICE VACATING Motion for Leave to File Amended Complaint hearing set for October 16, 2020. The motion will be determined on the briefs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 10/15/2020) |
| Oct 1, 2020 | 91 | Response ( Non Motion ) (2) Docket Text: RESPONSE re [86] Notice (Other) [Plaintiff's Response to Defendant's Notice of Conditional Non-Opposition re Motion for Leave to File Amended Complaint] by Kiva Health Brands LLC. (Fritz, Kathryn) (Filed on 10/1/2020) |
| Sep 28, 2020 | 87 | Main Document (6) Docket Text: Joint Discovery Letter Brief re Definition of Kiva Health Brands in Written Discovery filed by Kiva Health Brands LLC. (Attachments: # (1) Exhibits A and B to Joint Letter re Definition of Kiva Health Brands in Written Discovery)(Fritz, Kathryn) (Filed on 9/28/2020) |
| Sep 28, 2020 | 87 | Exhibits A and B to Joint Letter re Definition of Kiva Health Brands in Written (12) |
| Sep 28, 2020 | 88 | Main Document (6) Docket Text: Joint Discovery Letter Brief re Kiva Health Interrogatory Nos. 11 - 17 filed by Kiva Health Brands LLC. (Attachments: # (1) Exhibits A and B to Joint Letter re Kiva Health Interrogatory Nos. 11 - 17)(Fritz, Kathryn) (Filed on 9/28/2020) |
| Sep 28, 2020 | 88 | Exhibits A and B to Joint Letter re Kiva Health Interrogatory Nos. 11 - 17 (12) |
| Sep 28, 2020 | 89 | Main Document (8) Docket Text: Joint Discovery Letter Brief Regarding Kiva Health Brands LLC's Responses to Kiva Brands Inc.'s Request for Admission Nos. 1, 5, 6 and 8-11 filed by Kiva Brands Inc.. (Attachments: # (1) Exhibit A)(Schuman, Brett) (Filed on 9/28/2020) |
| Sep 28, 2020 | 89 | Exhibit A (9) |
| Sep 28, 2020 | 90 | Main Document (8) Docket Text: Joint Discovery Letter Brief Regarding Kiva Health Brands LLC's Response to Kiva Brands Inc.'s Interrogatory No. 4 filed by Kiva Brands Inc.. (Attachments: # (1) Exhibit A)(Schuman, Brett) (Filed on 9/28/2020) |
| Sep 28, 2020 | 90 | Exhibit A (4) |
| Sep 25, 2020 | 86 | Notice (Other) (5) Docket Text: NOTICE of Conditional Non-Opposition in Response to Kiva Health Brands LLC's re [85] MOTION for Leave to File Amended Complaint by Kiva Brands Inc. (Schuman, Brett) (Filed on 9/25/2020) Modified on 9/28/2020 (slhS, COURT STAFF). |
| Sep 11, 2020 | 85 | Main Document (9) Docket Text: MOTION for Leave to File Amended Complaint filed by Kiva Health Brands LLC. (Attachments: # (1) Declaration of Kathryn J. Fritz In Support of Plaintiff Kiva's Motion for Leave to File Amended Complaint, # (2) Exhibit A [Proposed] Amended Complaint, # (3) Exhibit B Redline of Original Complaint and [Proposed] Amended Complaint, # (4) Proposed Order Granting Plaintiff Kiva's Motion for Leave to File Amended Complaint)(Fritz, Kathryn) (Filed on 9/11/2020) |
| Sep 11, 2020 | 85 | Declaration of Kathryn J. Fritz In Support of Plaintiff Kiva's Motion for L (2) |
| Sep 11, 2020 | 85 | Exhibit A [Proposed] Amended Complaint (20) |
| Sep 11, 2020 | 85 | Exhibit B Redline of Original Complaint and [Proposed] Amended Complaint (21) |
| Sep 11, 2020 | 85 | Proposed Order Granting Plaintiff Kiva's Motion for Leave to File Amended C (2) |
| Aug 25, 2020 | 84 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Jennifer Briggs Fisher (Fisher, Jennifer) (Filed on 8/25/2020) |
| Aug 3, 2020 | 83 | Case Management Scheduling Order (12) Docket Text:CASE MANAGEMENT SCHEDULING ORDER: The Court adopts the case management schedule. The case management conference set for August 7, 2020 is vacated. Jury Selection set for 7/19/2021 at 9:15 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Jury Trial set for 7/19/2021 at 9:15 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Pretrial Conference set for 7/1/2021 at 2:00 PM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Jury Trial set for 7/20/2021 at 9:15 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Jury Trial set for 7/21/2021 at 9:15 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Jury Trial set for 7/22/2021 at 9:15 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Jury Trial set for 7/23/2021 at 9:15 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Signed by Judge Charles R. Breyer on 8/3/2020. (lsS, COURT STAFF) (Filed on 8/3/2020) |
| Jul 31, 2020 | 82 | Case Management Statement (13) Docket Text:JOINT CASE MANAGEMENT AND RULE 26(f) REPORT filed by Kiva Health Brands LLC. (Fritz, Kathryn) (Filed on 7/31/2020) |
| Jul 8, 2020 | N/A | Case Referred to Magistrate Judge for Discovery (0) Docket Text: CASE REFERRED to Magistrate Judge Kandis A. Westmore for Discovery (ahm, COURT STAFF) (Filed on 7/8/2020) |
| Jul 7, 2020 | 79 | Notice (Other) (3) Docket Text: NOTICE by Kiva Health Brands LLC of Discovery Dispute (Becker, Matthew) (Filed on 7/7/2020) |
| Jul 7, 2020 | 80 | Order Referring Case to Magistrate Judge for Discovery (1) Docket Text:ORDER REFERRING CASE to Magistrate Judge for Discovery purposes. Signed by Judge Charles R. Breyer on 7/7/2020. (lsS, COURT STAFF) (Filed on 7/7/2020) |
| Jul 7, 2020 | 81 | Response ( Non Motion ) (4) Docket Text: RESPONSE re [79] Notice (Other) by Kiva Brands Inc.. (Schuman, Brett) (Filed on 7/7/2020) |
| May 26, 2020 | N/A | Clerk's Notice (0) Docket Text: CLERK'S NOTICE VACATING CASE MANAGEMENT CONFERENCE on May 29, 2020 before the Honorable Charles R. Breyer. A Joint Case Management Statement due by 7/31/2020. Further Case Management Conference set for 8/7/2020 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 5/26/2020) |
| May 22, 2020 | 77 | Joint Case Management Statement (13) Docket Text: JOINT CASE MANAGEMENT STATEMENT and Rule 26(f) Report filed by Kiva Health Brands LLC. (Fritz, Kathryn) (Filed on 5/22/2020) |
| Mar 20, 2020 | N/A | Clerk's Notice (0) Docket Text: CLERK'S NOTICE: A Joint Case Management Statement due by 5/22/2020. Initial Case Management Conference set for 5/29/2020 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 3/20/2020) |
| Mar 2, 2020 | 75 | Transcript (32) Docket Text: Transcript of Proceedings held on February 7, 2020, before Judge Charles R. Breyer. Court Reporter, Marla F. Knox, RPR, CRR, telephone number (602) 391-6990. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re [72] Transcript Order ) Release of Transcript Restriction set for 6/1/2020. (Related documents(s) [72]) (mfkS, COURT STAFF) (Filed on 3/2/2020) |
| Feb 14, 2020 | 73 | Transcript Order (2) Docket Text: TRANSCRIPT ORDER for proceedings held on 02/07/2020 before Judge Charles R. Breyer by Kiva Brands Inc., for Court Reporter Marla Knox. (Costanza, Nicholas) (Filed on 2/14/2020) |
| Feb 14, 2020 | 74 | Order on Motion for Partial Summary Judgment (19) Docket Text:ORDER by Judge Charles R. Breyer granting in part and denying in part [63] KHB Motion for Partial Summary Judgment; denying [64] KBI Motion for Summary Judgment. (crblc1, COURT STAFF) (Filed on 2/14/2020) |
| Feb 11, 2020 | 72 | Transcript Order (2) Docket Text: TRANSCRIPT ORDER for proceedings held on 2/7/20 before Judge Charles R. Breyer by Kiva Health Brands LLC, for Court Reporter Marla Knox. (Lightstone, Sarah) (Filed on 2/11/2020) |
| Feb 7, 2020 | N/A | Motion Hearing (0) Docket Text:Minute Entry for proceedings held before Judge Charles R. Breyer: Motion Hearing held on 2/7/2020 - Re [63] Motion for Partial Summary Judgment on Defendant's Prior Use Defense and Laches and Related Equitable Defenses With Memorandum of Points and Authorities In Support Thereof filed by Kiva Health Brands LLC; Re[64] Motion for Summary Judgment filed by Kiva Brands Inc. - Motion taken under submission - [63] Motion for Partial Summary Judgment; Motion taken under submission - [64] Motion for Summary Judgment. The Court will issue an order. (Total Time in Court: 44 Minutes) Court Reporter: Marla Knox. Plaintiff Attorney: Armen Nercessien, Kathryn Fritz and Sarah Lightstone. Defendant Attorney: Brett Schuman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Date Filed: 2/7/2020) |
| Jan 10, 2020 | 70 | Objection (4) Docket Text: OBJECTIONS to re [69] Reply to Opposition/Response,,, by Kiva Brands Inc.. (Schuman, Brett) (Filed on 1/10/2020) |
| Jan 3, 2020 | 68 | Reply to Opposition/Response (12) Docket Text: REPLY (re [64] MOTION for Summary Judgment ) In Support of Kiva Brands Inc.'s Motion for Summary Judgment Based On Its Laches Affirmative Defense filed byKiva Brands Inc.. (Schuman, Brett) (Filed on 1/3/2020) |
| Jan 3, 2020 | 69 | Main Document (21) Docket Text: REPLY (re [63] MOTION for Partial Summary Judgment on Defendant's Prior Use Defense and Laches and Related Equitable Defenses With Memorandum of Points and Authorities In Support Thereof ) filed byKiva Health Brands LLC. (Attachments: # (1) Declaration of Kathryn J. Fritz, # (2) Exhibit 1 to Fritz Decl., # (3) Exhibit 2 to Fritz Decl., # (4) Exhibit 3 to Fritz Decl., # (5) Exhibit 4 to Fritz Decl., # (6) Exhibit 5 to Fritz Decl., # (7) Exhibit 6 to Fritz Decl., # (8) Exhibit 7 to Fritz Decl., # (9) Exhibit 8 to Fritz Decl., # (10) Exhibit 9 to Fritz Decl., # (11) Exhibit 10 to Fritz Decl., # (12) Exhibit 11 to Fritz Decl., # (13) Exhibit 12 to Fritz Decl., # (14) Exhibit 13 to Fritz Decl.)(Fritz, Kathryn) (Filed on 1/3/2020) |
| Jan 3, 2020 | 69 | Declaration of Kathryn J. Fritz (4) |
| Jan 3, 2020 | 69 | Exhibit 1 to Fritz Decl. (3) |
| Jan 3, 2020 | 69 | Exhibit 2 to Fritz Decl. (2) |
| Jan 3, 2020 | 69 | Exhibit 3 to Fritz Decl. (5) |
| Jan 3, 2020 | 69 | Exhibit 4 to Fritz Decl. (2) |
| Jan 3, 2020 | 69 | Exhibit 5 to Fritz Decl. (13) |
| Jan 3, 2020 | 69 | Exhibit 6 to Fritz Decl. (2) |
| Jan 3, 2020 | 69 | Exhibit 7 to Fritz Decl. (9) |
| Jan 3, 2020 | 69 | Exhibit 8 to Fritz Decl. (2) |
| Jan 3, 2020 | 69 | Exhibit 9 to Fritz Decl. (7) |
| Jan 3, 2020 | 69 | Exhibit 10 to Fritz Decl. (2) |
| Jan 3, 2020 | 69 | Exhibit 11 to Fritz Decl. (2) |
| Jan 3, 2020 | 69 | Exhibit 12 to Fritz Decl. (14) |
| Jan 3, 2020 | 69 | Exhibit 13 to Fritz Decl. (2) |
| Dec 20, 2019 | N/A | Clerk's Notice Continuing Motion Hearing (0) Docket Text: CLERK'S NOTICE Continuing Motion Hearing: Motion Hearing set for 2/7/2020 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (Related documents [63], [64]) (This is a text-only entry generated by the court. There is no document associated with this entry.) (tvnS, COURT STAFF) (Filed on 12/20/2019) |
| Dec 20, 2019 | 66 | Main Document (27) Docket Text: OPPOSITION/RESPONSE (re [64] MOTION for Summary Judgment ) Based on Its Laches Affirmative Defense filed byKiva Health Brands LLC. (Attachments: # (1) Declaration of Tchad Henderson, # (2) Exhibit 1 to Henderson Decl., # (3) Exhibit 2 to Henderson Decl., # (4) Exhibit 3 to Henderson Decl., # (5) Exhibit 4 to Henderson Decl., # (6) Exhibit 5 to Henderson Decl., # (7) Exhibit 6 to Henderson Decl., # (8) Exhibit 7 to Henderson Decl., # (9) Exhibit 8 to Henderson Decl., # (10) Exhibit 9 to Henderson Decl., # (11) Exhibit 10 to Henderson Decl., # (12) Exhibit 11 to Henderson Decl., # (13) Exhibit 12 to Henderson Decl., # (14) Exhibit 13 to Henderson Decl., # (15) Exhibit 14 to Henderson Decl., # (16) Exhibit 15 to Henderson Decl., # (17) Exhibit 16 to Henderson Decl., # (18) Declaration of Kathryn J. Fritz, # (19) Exhibit 1 to Fritz Decl., # (20) Exhibit 2 to Fritz Decl., # (21) Exhibit 3 to Fritz Decl., # (22) Exhibit 4 to Fritz Decl., # (23) Exhibit 5 to Fritz Decl., # (24) Exhibit 6 to Fritz Decl., # (25) Exhibit 7 to Fritz Decl., # (26) Exhibit 8 to Fritz Decl., # (27) Exhibit 9 to Fritz Decl.)(Fritz, Kathryn) (Filed on 12/20/2019) |
| Dec 20, 2019 | 66 | Declaration of Tchad Henderson (7) |
| Dec 20, 2019 | 66 | Exhibit 1 to Henderson Decl. (15) |
| Dec 20, 2019 | 66 | Exhibit 2 to Henderson Decl. (6) |
| Dec 20, 2019 | 66 | Exhibit 3 to Henderson Decl. (5) |
| Dec 20, 2019 | 66 | Exhibit 4 to Henderson Decl. (2) |
| Dec 20, 2019 | 66 | Exhibit 5 to Henderson Decl. (2) |
| Dec 20, 2019 | 66 | Exhibit 6 to Henderson Decl. (3) |
| Dec 20, 2019 | 66 | Exhibit 7 to Henderson Decl. (7) |
| Dec 20, 2019 | 66 | Exhibit 8 to Henderson Decl. (10) |
| Dec 20, 2019 | 66 | Exhibit 9 to Henderson Decl. (3) |
| Dec 20, 2019 | 66 | Exhibit 10 to Henderson Decl. (47) |
| Dec 20, 2019 | 66 | Exhibit 11 to Henderson Decl. (4) |
| Dec 20, 2019 | 66 | Exhibit 12 to Henderson Decl. (5) |
| Dec 20, 2019 | 66 | Exhibit 13 to Henderson Decl. (4) |
| Dec 20, 2019 | 66 | Exhibit 14 to Henderson Decl. (4) |
| Dec 20, 2019 | 66 | Exhibit 15 to Henderson Decl. (3) |
| Dec 20, 2019 | 66 | Exhibit 16 to Henderson Decl. (2) |
| Dec 20, 2019 | 66 | Declaration of Kathryn J. Fritz (3) |
| Dec 20, 2019 | 66 | Exhibit 1 to Fritz Decl. (2) |
| Dec 20, 2019 | 66 | Exhibit 2 to Fritz Decl. (5) |
| Dec 20, 2019 | 66 | Exhibit 3 to Fritz Decl. (6) |
| Dec 20, 2019 | 66 | Exhibit 4 to Fritz Decl. (6) |
| Dec 20, 2019 | 66 | Exhibit 5 to Fritz Decl. (7) |
| Dec 20, 2019 | 66 | Exhibit 6 to Fritz Decl. (4) |
| Dec 20, 2019 | 66 | Exhibit 7 to Fritz Decl. (3) |
| Dec 20, 2019 | 66 | Exhibit 8 to Fritz Decl. (3) |
| Dec 20, 2019 | 66 | Exhibit 9 to Fritz Decl. (18) |
| Dec 20, 2019 | 67 | Main Document (32) Docket Text: OPPOSITION/RESPONSE (re [63] MOTION for Partial Summary Judgment on Defendant's Prior Use Defense and Laches and Related Equitable Defenses With Memorandum of Points and Authorities In Support Thereof ) filed byKiva Brands Inc.. (Attachments: # (1) Declaration of John Chigbu, # (2) Declaration of Scott Palmer, # (3) Declaration of Brett Schuman)(Schuman, Brett) (Filed on 12/20/2019) |
| Dec 20, 2019 | 67 | Declaration of John Chigbu (17) |
| Dec 20, 2019 | 67 | Declaration of Scott Palmer (135) |
| Dec 20, 2019 | 67 | Declaration of Brett Schuman (37) |
| Dec 6, 2019 | 62 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Matthew Berman Becker (Becker, Matthew) (Filed on 12/6/2019) |
| Dec 6, 2019 | 63 | Main Document (34) Docket Text: MOTION for Partial Summary Judgment on Defendant's Prior Use Defense and Laches and Related Equitable Defenses With Memorandum of Points and Authorities In Support Thereof filed by Kiva Health Brands LLC. Motion Hearing set for 1/24/2020 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 12/20/2019. Replies due by 12/27/2019. (Attachments: # (1) Declaration of Tchad Henderson In Support of Plaintiff Kiva Health Brand LLC's Motion for Partial Summary Judgment On Defendant's Prior Use Defense and Laches and Related Equitable Defenses, # (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, # (15) Exhibit 14, # (16) Exhibit 15, # (17) Exhibit 16, # (18) Exhibit 17, # (19) Declaration of Kathryn J. Fritz In Support of Plaintiff Kiva Health Brands LLC's Motion for Partial Summary Judgment on Defendant's Prior Use Defense and Laches and Related Equitable Defenses, # (20) Exhibit 1, # (21) Exhibit 2, # (22) Exhibit 3, # (23) Exhibit 4, # (24) Exhibit 5, # (25) Exhibit 6, # (26) Exhibit 7, # (27) Exhibit 8, # (28) Exhibit 9, # (29) Exhibit 10, # (30) Exhibit 11, # (31) Exhibit 12, # (32) Exhibit 13, # (33) Exhibit 14, # (34) Exhibit 15, # (35) Exhibit 16, # (36) Exhibit 17, # (37) Proposed Order Granting Kiva Health Brands LLC's Motion for Partial Summary Judgment On Defendant's Prior Use Defense and Laches and Related Equitable Defenses)(Fritz, Kathryn) (Filed on 12/6/2019) |
| Dec 6, 2019 | 63 | Declaration of Tchad Henderson In Support of Plaintiff Kiva Health Brand LLC (8) |
| Dec 6, 2019 | 63 | Exhibit 1 (22) |
| Dec 6, 2019 | 63 | Exhibit 2 (3) |
| Dec 6, 2019 | 63 | Exhibit 3 (6) |
| Dec 6, 2019 | 63 | Exhibit 4 (5) |
| Dec 6, 2019 | 63 | Exhibit 5 (2) |
| Dec 6, 2019 | 63 | Exhibit 6 (2) |
| Dec 6, 2019 | 63 | Exhibit 7 (3) |
| Dec 6, 2019 | 63 | Exhibit 8 (7) |
| Dec 6, 2019 | 63 | Exhibit 9 (10) |
| Dec 6, 2019 | 63 | Exhibit 10 (3) |
| Dec 6, 2019 | 63 | Exhibit 11 (47) |
| Dec 6, 2019 | 63 | Exhibit 12 (4) |
| Dec 6, 2019 | 63 | Exhibit 13 (5) |
| Dec 6, 2019 | 63 | Exhibit 14 (4) |
| Dec 6, 2019 | 63 | Exhibit 15 (4) |
| Dec 6, 2019 | 63 | Exhibit 16 (3) |
| Dec 6, 2019 | 63 | Exhibit 17 (2) |
| Dec 6, 2019 | 63 | Declaration of Kathryn J. Fritz In Support of Plaintiff Kiva Health Brands LLC&# (4) |
| Dec 6, 2019 | 63 | Exhibit 1 (2) |
| Dec 6, 2019 | 63 | Exhibit 2 (18) |
| Dec 6, 2019 | 63 | Exhibit 3 (5) |
| Dec 6, 2019 | 63 | Exhibit 4 (13) |
| Dec 6, 2019 | 63 | Exhibit 5 (22) |
| Dec 6, 2019 | 63 | Exhibit 6 (9) |
| Dec 6, 2019 | 63 | Exhibit 7 (7) |
| Dec 6, 2019 | 63 | Exhibit 8 (4) |
| Dec 6, 2019 | 63 | Exhibit 9 (17) |
| Dec 6, 2019 | 63 | Exhibit 10 (6) |
| Dec 6, 2019 | 63 | Exhibit 11 (6) |
| Dec 6, 2019 | 63 | Exhibit 12 (5) |
| Dec 6, 2019 | 63 | Exhibit 13 (7) |
| Dec 6, 2019 | 63 | Exhibit 14 (4) |
| Dec 6, 2019 | 63 | Exhibit 15 (3) |
| Dec 6, 2019 | 63 | Exhibit 16 (3) |
| Dec 6, 2019 | 63 | Exhibit 17 (18) |
| Dec 6, 2019 | 63 | Proposed Order Granting Kiva Health Brands LLC's Motion for Partial Summary (2) |
| Dec 6, 2019 | 64 | Main Document (11) Docket Text: MOTION for Summary Judgment filed by Kiva Brands Inc.. Motion Hearing set for 1/24/2020 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 12/20/2019. Replies due by 12/27/2019. (Attachments: # (1) Declaration of Dominic Rand in support of Kiva Brand Inc.'s Motion for Summary Judgment, # (2) Proposed Order Granting Kiva Brand Inc.'s Motion for Summary Judgment)(Schuman, Brett) (Filed on 12/6/2019) |
| Dec 6, 2019 | 64 | Declaration of Dominic Rand in support of Kiva Brand Inc.'s Motion for Summ (4) |
| Dec 6, 2019 | 64 | Proposed Order Granting Kiva Brand Inc.'s Motion for Summary Judgment (2) |
| Nov 4, 2019 | 61 | Order (1) Docket Text:ORDER VACATING CMC AND SETTING BRIEFING SCHEDULE AND HEARING ON SUMMARY JUDGMENT. Signed by Judge Charles R. Breyer on 11/4/2019. (crblc1, COURT STAFF) (Filed on 11/4/2019) |
| Oct 31, 2019 | 60 | Settlement Conference (1) Docket Text:Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Settlement Conference held on 10/31/2019. Case did not settle. FTR Time: Not reported. |
| Sep 25, 2019 | 59 | Transcript Order (1) Docket Text: TRANSCRIPT ORDER for proceedings held on September 6, 2019 before Judge Charles R. Breyer by Kiva Health Brands LLC, for Court Reporter Ana Dub. (Fritz, Kathryn) (Filed on 9/25/2019) |
| Sep 24, 2019 | 58 | Transcript (6) Docket Text: Transcript of Proceedings held on September 6, 2019, before Judge Charles R. Breyer. Stenographic Court Reporter Ana M. Dub, CSR 7445, RDR, CRR, telephone number 415-290-1651 ana_dub@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Stenographic Court Reporter until the deadline for the Release of Transcript Restriction. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re [56] Transcript Order ) Release of Transcript Restriction set for 12/23/2019. (Related documents(s) [56]) (amdS, COURT STAFF) (Filed on 9/24/2019) |
| Sep 19, 2019 | 57 | Answer to to CounterClaim (15) Docket Text: ANSWER TO COUNTERCLAIM [10] Counterclaim (Amended) byKiva Health Brands LLC. (Fritz, Kathryn) (Filed on 9/19/2019) |
| Sep 13, 2019 | 56 | Transcript Order (2) Docket Text: TRANSCRIPT ORDER for proceedings held on 09/06/2019 before Judge Charles R. Breyer by Kiva Brands Inc., for Court Reporter Ana Dub. (Lateiner, Jeremy) (Filed on 9/13/2019) |
| Sep 6, 2019 | N/A | Set Deadlines/Hearings (0) Docket Text: Set Deadlines/Hearings: Case Management Statement due by 12/6/2019. Further Case Management Conference set for 12/13/2019 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (ls, COURT STAFF) (Filed on 9/6/2019) |
| Sep 6, 2019 | 52 | Order (34) Docket Text:ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION AND CROSS-MOTION FOR PRELIMINARY INJUNCTION, AND GRANTING MOTION TO DISMISS. Signed by Judge Charles R. Breyer on 9/6/2019. (crblc1, COURT STAFF) (Filed on 9/6/2019) |
| Sep 6, 2019 | N/A | Motion Hearing (0) Docket Text:Minute Entry for proceedings held before Judge Charles R. Breyer: Motion Hearing held on 9/6/2019. CASE REFERRED to Chief Magistrate Judge Spero for Settlement Conference. Further Case Management Conference set for December 13, 2019 at 8:30 a.m. A Joint Updated Case Management Statement due by December 6, 2019. The case management conference set for October 4, 2019 is vacated. (Total Time in Court: 8 Minutes) Court Reporter: Ana Dub. Plaintiff Attorney: Kathryn J. Fritz, Armen Nercess Nercessian. Defendant Attorney: Brett M. Schuman, Jeremy N. Lateiner and Nicholas M. Costanza. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Date Filed: 9/6/2019) |
| Sep 6, 2019 | 54 | Scheduling Conference (1) Docket Text:Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Scheduling Conference held on 9/6/2019. Settlement conference set for 10/31/19 at 9:30 AM. Court to issue Order. FTR Time: Not Reported. (klhS, COURT STAFF) (Date Filed: 9/6/2019) |
| Sep 6, 2019 | 55 | Order Setting Settlement Conference (3) Docket Text: Notice of Settlement Conference and Order Setting Settlement Conference before Chief Magistrate Judge Joseph C. Spero. Settlement Conference set for 10/31/2019 09:30 AM in San Francisco, Courtroom G, 15th Floor. Signed by Chief Magistrate Judge Joseph C. Spero on 9/6/19. (klhS, COURT STAFF) (Filed on 9/6/2019) |
| Sep 3, 2019 | 51 | Response ( Non Motion ) (3) Docket Text: RESPONSE re [50] Statement of Recent Decisions by Kiva Brands Inc. by Kiva Health Brands LLC. (Fritz, Kathryn) (Filed on 9/3/2019) |
| Aug 30, 2019 | 48 | Letter (2) Docket Text: Letter from Nicholas Costanza re Docket Correction: Kiva Brands Inc.s Reply to Kiva Health Brands LLCs Opposition to Cross-Motion for Preliminary Injunction. (Costanza, Nicholas) (Filed on 8/30/2019) Modified on 9/4/2019 (mclS, COURT STAFF). |
| Aug 30, 2019 | 49 | Main Document (13) Docket Text: Brief re [48] Letter, Re: Docket Correction: Kiva Brands Inc.s Reply to Kiva Health Brands LLCs Opposition toCross-Motion for Preliminary Injunction filed byKiva Brands Inc.. (Attachments: # (1) Declaration in Support, # (2) Certificate/Proof of Service)(Related document(s)[48]) (Schuman, Brett) (Filed on 8/30/2019) |
| Aug 30, 2019 | 49 | Declaration in Support (26) |
| Aug 30, 2019 | 49 | Certificate/Proof of Service (2) |
| Aug 30, 2019 | 50 | Statement (30) Docket Text: Statement of Recent Decisions by Kiva Brands Inc.. (Schuman, Brett) (Filed on 8/30/2019) |
| Aug 14, 2019 | N/A | Clerk's Notice (0) Docket Text: CLERK'S NOTICE VACATING MOTION FOR PRELIMINARY INJUCTION on August 23, 2019 before the Honorable Charles R. Breyer. Motion Hearing reset for 9/6/2019 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 8/14/2019) |
| Jul 15, 2019 | N/A | Set Motion and Deadlines/Hearings No NEF (0) Docket Text: Set/Reset Deadlines as to Motion for Preliminary Injunction (Dkt. 21) - Hearing set for 8/23/2019 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 7/15/2019) |
| Jul 15, 2019 | 46 | Order on Stipulation (6) Docket Text:STIPULATION AND ORDER SETTING HEARING DATE ON PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION (DKT. 21), PLAINTIFFS MOTION TO DISMISS SECOND AND THIRD COUNTERCLAIMS (DKT. 22), AND DEFENDANTS CROSS-MOTION FOR PRELIMINARY INJUNCTION (DKT. 25) by Judge Charles R. Breyer: Granting [45] Stipulation. Motion hearing set for August 23, 2019 at 10:00 a.m. (lsS, COURT STAFF) (Filed on 7/15/2019) |
| Jul 11, 2019 | 45 | Main Document (6) Docket Text: STIPULATION WITH PROPOSED ORDER Setting Hearing Date on Plaintiff's Motion for Preliminary Injunction (Dkt. 21), Plaintiff's Motion to Dismiss Second and Third Counterclaims (Dkt. 22), and Defendant's Cross-Motion for Preliminary Injunction (Dkt. 25) filed by Kiva Health Brands LLC. (Attachments: # (1) Exhibit A)(Fritz, Kathryn) (Filed on 7/11/2019) |
| Jul 11, 2019 | 45 | Exhibit A (39) |
| Jul 8, 2019 | 44 | Order on Stipulation (3) Docket Text:STIPULATION AND ORDER OF CHANGE IN COUNSEL by Judge Charles R. Breyer: Granting [43] Stipulation. (lsS, COURT STAFF) (Filed on 7/8/2019) |
| Jul 3, 2019 | 43 | Stipulation (3) Docket Text: STIPULATION WITH PROPOSED ORDER Regarding Change in Counsel filed by Kiva Health Brands LLC. (Fritz, Kathryn) (Filed on 7/3/2019) |
| Jul 1, 2019 | 42 | Order on Motion for Pro Hac Vice (1) Docket Text:ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE, Seth M. Reiss by Judge Charles R. Breyer: Granting [37] Motion for Pro Hac Vice. (lsS, COURT STAFF) (Filed on 7/1/2019) |
| Jun 28, 2019 | 40 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Jeremy Noah Lateiner (Attorney for Defendant and Counterclaimant KIVA BRANDS INC) (Lateiner, Jeremy) (Filed on 6/28/2019) |
| Jun 28, 2019 | 41 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Nicholas M Costanza (Attorney for Defendant and Counterclaimant KIVA BRANDS INC) (Costanza, Nicholas) (Filed on 6/28/2019) |
| Jun 26, 2019 | N/A | Clerk's Notice (0) Docket Text: CLERK'S NOTICE: A Joint Case Management Statement due by 9/27/2019. Initial Case Management Conference set for 10/4/2019 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 6/26/2019) |
| Jun 25, 2019 | N/A | Clerk's Notice of Impending Reassignment - Text Only (0) Docket Text: CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 6/25/2019) |
| Jun 25, 2019 | 37 | Motion for Pro Hac Vice (2) Docket Text: MOTION for leave to appear in Pro Hac Vice for Attorney Seth M. Reiss ( Filing fee $ 310, receipt number 0971-13466540.) filed by Kiva Health Brands LLC. (Miller, Jon) (Filed on 6/25/2019) |
| Jun 25, 2019 | 38 | Main Document (1) Docket Text:ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Judge Clerk on 6/25/2019. (Attachments: # (1) Notice of Eligibility for Video Recording)(jmlS, COURT STAFF) (Filed on 6/25/2019) |
| Jun 25, 2019 | 38 | Notice of Eligibility for Video Recording (1) |
| Jun 21, 2019 | 35 | Consent/Declination to Proceed Before a US Magistrate Judge (2) Docket Text: CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kiva Brands Inc... (Schuman, Brett) (Filed on 6/21/2019) |
| Jun 20, 2019 | 33 | Initial Case Management Scheduling Order with ADR Deadlines (2) Docket Text:Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/11/2019. Initial Case Management Conference set for 9/18/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 6/20/2019) |
| Jun 20, 2019 | 34 | Main Document (1) Docket Text: REPORT on the filing of an action regarding Trademark (cc: form mailed to register). (Attachments: # (1) Transfer Order, # (2) Complaint)(cjlS, COURT STAFF) (Filed on 6/20/2019) |
| Jun 20, 2019 | 34 | Transfer Order (9) |
| Jun 20, 2019 | 34 | Complaint (19) |
| Jun 19, 2019 | 32 | Clerk's Notice (1) Docket Text: CLERK'S NOTICE Regarding case received from Southern District of California. (jmlS, COURT STAFF) (Filed on 6/19/2019) |
| Jun 18, 2019 | 31 | Main Document Public Docket Sheet (4) Docket Text: Case transferred in from District of California Southern; Case Number 3:18-cv-02249. Case file, copy of transfer order and docket sheet received. Modified on 6/19/2019 (jmlS, COURT STAFF). Modified on 6/20/2019 (cjlS, COURT STAFF). |
| Jun 18, 2019 | 31 | *Restricted* (4) |
| Jun 12, 2019 | 30 | Main Document (1) Docket Text: ORDER TRANSFERRING CASE. Court grants Defendants [15] Motion to Change Venue. Case transferred to the Northern District of California. Files transferred electronically to: *Northern District of California*.*450 Golden Gate Avenue, Box 36060**San Francisco, CA 94102-3489*. Signed by Judge Cynthia Bashant on 6/12/2019. (Attachments: # (1) Order) (jah) (jao). |
| Jun 12, 2019 | 30 | Order (8) |
| Jun 10, 2019 | 28 | Main Document (22) Docket Text: RESPONSE in Opposition re [25] Cross MOTION for Permanent Injunction filed by Kiva Health Brands LLC. (Attachments: # (1) Declaration Decl. of Johnson in Support of Opposition)(Miller, Jon) |
| Jun 10, 2019 | 28 | Declaration Decl. of Johnson in Support of Opposition (64) |
| Jun 10, 2019 | 29 | Affidavit in Opposition to Motion (8) Docket Text: AFFIDAVIT in Opposition re [25] Cross MOTION for Permanent Injunction to Correct Exhibit 10 filed by Kiva Health Brands LLC. (Reiss, Seth) |
| May 24, 2019 | 26 | Main Document (10) Docket Text: REPLY to Response to Motion re [15] MOTION to Change Venue filed by Kiva Brands Inc.. (Attachments: # (1) Declaration of Brett M. Schuman)(Schuman, Brett) (sjm). |
| May 24, 2019 | 26 | Declaration of Brett M. Schuman (16) |
| May 24, 2019 | 27 | Main Document (10) Docket Text: REPLY to Response to Motion re [22] MOTION to Dismiss the Second and Third Claims for Relief in First Amended Counterclaim, [21] MOTION for Preliminary Injunction filed by Kiva Health Brands LLC. (Attachments: # (1) Declaration in Support of Reply to Opposition)(Miller, Jon) (sjm). |
| May 24, 2019 | 27 | Declaration in Support of Reply to Opposition (9) |
| May 20, 2019 | 23 | Main Document (15) Docket Text: RESPONSE in Opposition re [15] MOTION to Change Venue filed by Kiva Health Brands LLC. (Attachments: # (1) Notice of Lodgment in Opposition)(Miller, Jon). (jah). |
| May 20, 2019 | 23 | Notice of Lodgment in Opposition (8) |
| May 20, 2019 | 24 | Main Document (32) Docket Text: RESPONSE in Opposition re [22] MOTION to Dismiss the Second and Third Claims for Relief in First Amended Counterclaim, [21] MOTION for Preliminary Injunction filed by Kiva Brands Inc.. (Attachments: # (1) Declaration of Scott Palmer, # (2) Declaration of Adam Grablick, # (3) Declaration of Brett Schuman)(Schuman, Brett). Modified on 5/21/2019 - Removed duplicate text and attachment descriptions (jah). |
| May 20, 2019 | 24 | Declaration of Scott Palmer (70) |
| May 20, 2019 | 24 | Declaration of Adam Grablick (4) |
| May 20, 2019 | 24 | Declaration of Brett Schuman (77) |
| May 20, 2019 | 25 | Main Document (2) Docket Text: Cross MOTION for Permanent Injunction by Kiva Brands Inc.. (Attachments: # (1) Memo of Points and Authorities, # (2) Declaration of Scott Palmer, # (3) Declaration of Brett Schuman, # (4) Declaration of Adam Grablick)(Schuman, Brett). Modified on 5/21/2019 - Removed duplicate text and attachment descriptions (jah). |
| May 20, 2019 | 25 | Memo of Points and Authorities (10) |
| May 20, 2019 | 25 | Declaration of Scott Palmer (70) |
| May 20, 2019 | 25 | Declaration of Brett Schuman (77) |
| May 20, 2019 | 25 | Declaration of Adam Grablick (4) |
| May 3, 2019 | 21 | Main Document (3) Docket Text: MOTION for Preliminary Injunction by Kiva Health Brands LLC. (Attachments: # (1) Memo of Points and Authorities, # (2) Declaration, # (3) Exhibit, # (4) Declaration, # (5) Exhibit)(Miller, Jon). (jah). |
| May 3, 2019 | 21 | Memo of Points and Authorities (28) |
| May 3, 2019 | 21 | Declaration (5) |
| May 3, 2019 | 21 | Exhibit (26) |
| May 3, 2019 | 21 | Declaration (4) |
| May 3, 2019 | 21 | Exhibit (17) |
| May 3, 2019 | 22 | Main Document (2) Docket Text: MOTION to Dismiss the Second and Third Claims for Relief in First Amended Counterclaim by Kiva Health Brands LLC. (Attachments: # (1) Memo of Points and Authorities, # (2) Declaration, # (3) Exhibit, # (4) Declaration, # (5) Exhibit)(Miller, Jon). Modified on 5/6/2019 - Wrong motion event. Corrected entry (jah). |
| May 3, 2019 | 22 | Memo of Points and Authorities (28) |
| May 3, 2019 | 22 | Declaration (5) |
| May 3, 2019 | 22 | Exhibit (26) |
| May 3, 2019 | 22 | Declaration (4) |
| May 3, 2019 | 22 | Exhibit (17) |
| Apr 9, 2019 | 19 | Order on Motion for Protective Order (12) Docket Text: ORDER granting [18] Joint Motion for Protective Order. See attached Order. Signed by Magistrate Judge Mitchell D. Dembin on 04/09/2019. (atk) |
| Apr 9, 2019 | N/A | Order on Motion to Continue (0) Docket Text: ORDER granting [17] Joint Motion to Continue Early Neutral Evaluation/Case Management Conference. Currently the ENE/CMC is set for May 1, 2019. [11]. The Court finds good cause to continue the ENE/CMC to June 26, 2019 at 9:30AM before Magistrate Judge Mitchell D. Dembin. Confidential Settlement Conference Briefs and an Updated Joint Discovery Plan are due to chambers by June 19,2019. All provisions regarding the personal appearance of parties with full settlement authority remain unchanged from the Court's order of March 4, 2019. Signed by Magistrate Judge Mitchell D. Dembin on 04/09/2019. (no document attached) (atk) |
| Apr 8, 2019 | 18 | Main Document (2) Docket Text: Joint MOTION for Protective Order by Kiva Brands Inc.. (Attachments: # (1) Proposed Protective Order)(Schuman, Brett) |
| Apr 8, 2019 | 18 | Proposed Protective Order (11) |
| Apr 3, 2019 | 17 | Motion to Continue (3) Docket Text: Joint MOTION to Continue Early Neutral Evaluation and Case Management Conference by Kiva Brands Inc.. (Schuman, Brett). (jah). |
| Mar 25, 2019 | 15 | Main Document (2) Docket Text: MOTION to Change Venue by Kiva Brands Inc.. (Attachments: # (1) Memo of Points and Authorities, # (2) Declaration of Scott Palmer, # (3) Declaration of Brett M. Schuman, # (4) Exhibit A)(Schuman, Brett). Modified on 3/26/2019 - Removed duplicative attachment descriptions (jah). |
| Mar 25, 2019 | 15 | Memo of Points and Authorities (10) |
| Mar 25, 2019 | 15 | Declaration of Scott Palmer (5) |
| Mar 25, 2019 | 15 | Declaration of Brett M. Schuman (2) |
| Mar 25, 2019 | 15 | Exhibit A (2) |
| Mar 25, 2019 | 16 | Order on Motion for Preliminary Injunction (2) Docket Text: ORDER granting [14] Joint Motion to Expedite Discovery and Continue Hearing on Motion for Preliminary Injunction and Motion to Dismiss. Court terminates as moot [12] Motion for Preliminary Injunction and [13] Motion to Dismiss. Plaintiff shall file renewed motions by 5/3/2019. Court declines to set a hearing date and instructs the Parties to follow Court's standing orders when choosing a hearing date. Signed by Judge Cynthia Bashant on 3/25/2019. (jah) |
| Mar 21, 2019 | 14 | Motion to Expedite (4) Docket Text: Joint MOTION to Permit Expedited Discovery and Continue Hearing on [12] MOTION for Preliminary Injunction and [13] MOTION to Dismiss by Kiva Brands Inc.. (Schuman, Brett). Modified on 3/22/2019 - Edited text and added document link (jah). |
| Mar 18, 2019 | 13 | Main Document (2) Docket Text: MOTION to Dismiss Second and Third Claims for Relief in First Amended Counterclaim by Kiva Health Brands LLC. (Attachments: # (1) Memo of Points and Authorities)(Miller, Jon). Modified on 3/19/2019 - Edited entry (jah). |
| Mar 18, 2019 | 13 | Memo of Points and Authorities (28) |
| Mar 15, 2019 | 12 | Main Document (3) Docket Text: MOTION for Preliminary Injunction by Kiva Health Brands LLC. (Attachments: # (1) Motion to Dismiss Counterclaim, # (2) Memo of Points and Authorities, # (3) Declaration of Henderson, # (4) Declaration of Jon B. Miller)(Miller, Jon). Modified on 3/18/2019 - Motion to Dismiss submitted as attachment. QC Email sent to file Motion to Dismiss separately. Removed duplicate attachment descriptions (jah). |
| Mar 15, 2019 | 12 | Motion to Dismiss Counterclaim (2) |
| Mar 15, 2019 | 12 | Memo of Points and Authorities (28) |
| Mar 15, 2019 | 12 | Declaration of Henderson (31) |
| Mar 15, 2019 | 12 | Declaration of Jon B. Miller (16) |
| Mar 4, 2019 | 11 | Arbitration Scheduling Order (4) Docket Text: NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation and Case Management Conference set for 5/1/2019 09:30 AM before Magistrate Judge Mitchell D. Dembin. Signed by Magistrate Judge Mitchell D. Dembin on 3/4/2019. (jah) |
| Mar 1, 2019 | 10 | Counterclaim (22) Docket Text: FIRST AMENDED COUNTERCLAIM, with Jury Trial Demand against Kiva Health Brands LLC, filed by Kiva Brands Inc.. (Schuman, Brett). Modified on 3/4/2019 - Edited text to add jury demand (jah). |
| Feb 11, 2019 | 8 | Answer to Complaint (28) Docket Text: ANSWER to [1] Complaint, with Jury Demand , COUNTERCLAIM against Kiva Health Brands LLC by Kiva Brands Inc..(Schuman, Brett) |
| Feb 11, 2019 | 9 | ECF Transfer In - converted docket entry (2) Docket Text: Corporate Disclosure Statement by Kiva Brands Inc.. No Corporate Parents/Interested Parties. (Schuman, Brett) |
| Jan 3, 2019 | N/A | Docket Annotation (0) Docket Text: PRO HAC APPROVED re [5]: Seth M. Reiss appearing for Plaintiff Kiva Health Brands LLC. (no document attached) (mdc) |
| Jan 3, 2019 | 7 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by Brett Michael Schuman on behalf of Kiva Brands Inc. (Schuman, Brett)Attorney Brett Michael Schuman added to party Kiva Brands Inc.(pty:dft) (sjm). |
| Jan 2, 2019 | 5 | Notice (Other) (2) Docket Text: Request to Appear Pro Hac Vice (Filing fee received: $ 180 receipt number 128503 - See 06cv1155-JAH-POR, #9.) (Application to be reviewed by Clerk.) (Reiss, Seth) Modified text on 1/3/2019 to include filing fee info. (mdc) |
| Dec 14, 2018 | 4 | Waiver of Service Executed (1) Docket Text: WAIVER OF SERVICE Returned Executed by Kiva Health Brands LLC, as to Kiva Brands Inc.. (Miller, Jon). (jah). |
| Sep 27, 2018 | 2 | Summons Issued (2) Docket Text: Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (lrc) |
| Sep 26, 2018 | 1 | Main Document (13) Docket Text: COMPLAINT with Jury Demand against Does 1 through 20, Kiva Brands Inc. ( Filing fee $ 400 receipt number 0974-11725296.), filed by Kiva Health Brands LLC. (Attachments: # (1) Civil Cover Sheet, # (2) Exhibit 1) The new case number is 3:18-cv-2249-BAS-MDD. Judge Cynthia Bashant and Magistrate Judge Mitchell D. Dembin are assigned to the case. (Miller, Jon)(lrc) (sjt). |
| Sep 26, 2018 | 1 | Civil Cover Sheet (1) |
| Sep 26, 2018 | 1 | Exhibit 1 (5) |
| Sep 26, 2018 | 3 | Remark (1) Docket Text: REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *4,514,257*, *4,804,607*, *5,108,487* cc:USPTO (lrc) |
