Case number 5:18-cv-00356
Sleep Number Corporation v. Sizewise Rentals LLC > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jul 31, 2023 | 208 | STATUS REPORT - Joint Status Report filed by Plaintiff Sleep Number Corporation. (Patton, Elizabeth) (Entered: 07/31/2023) (4) |
| Jul 18, 2023 | 207 | (IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court ORDERS the parties to file by July 31, 2023, a Joint Status Report that includes some estimate of when the IPR certificates may be expected to issue. Status Reports must be filed every 90 days thereafter until the certificates issue. SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 07/18/2023) (0) |
| Jun 21, 2023 | 206 | Notice of Appearance or Withdrawal of Counsel: for attorney Elizabeth A Patton counsel for Plaintiff Sleep Number Corporation. Lukas D. Toft is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Sleep Number Corporation. (Patton, Elizabeth) (Entered: 06/21/2023) (2) |
| Jan 20, 2023 | 205 | MINUTES (IN CHAMBERS) ORDER MAINTAINING STAY by Judge Andre Birotte Jr.: A review of the Status Report regarding stay demonstrates that the stay should remain in place pending completion of the IPR proceedings 204 . Within ten days after the last IPR certificate issues, the parties shall file a Joint Report setting forth their proposal for how this case should proceed, along with a Proposed Order. Court Reporter: N/A. (gk) (Entered: 01/23/2023) (1) |
| Jan 17, 2023 | 202 | NOTICE of Change of Attorney Business or Contact Information: for attorney Nicole S Cunningham counsel for Plaintiff Sleep Number Corporation, Counter Defendant Sleep Number Corporation. Changing Dority & Manning, P.A. to 2869 Historic Decatur Rd, San Diego, CA 92106. Changing e-mail to ncunningham@dority-manning.com. Filed by Plaintiff Sleep Number Corporation, Counter Defendant Sleep Number Corporation. (Cunningham, Nicole) (Entered: 01/17/2023) (2) |
| Jan 17, 2023 | 203 | NOTICE of Change of Attorney Business or Contact Information: for attorney Steven A Moore counsel for Plaintiff Sleep Number Corporation, Counter Defendant Sleep Number Corporation. Changing Dority & Manning, P.A. to 2869 Historic Decatur Rd, San Diego, CA 92106. Changing e-mail to smoore@dority-manning.com. Filed by Plaintiff Sleep Number Corporation, Counter Defendant Sleep Number Corporation. (Moore, Steven) (Entered: 01/17/2023) (2) |
| Jan 17, 2023 | 204 | STATUS REPORT - Joint Status Report Regarding Inter Partes Review and Federal Circuit Appeal filed by Plaintiff Sleep Number Corporation. (Patton, Elizabeth) (Entered: 01/17/2023) (7) |
| Oct 24, 2022 | 201 | STATUS REPORT - Joint Status Report Regarding Inter Partes Review and Federal Circuit Appeal filed by Plaintiff Sleep Number Corporation. (Patton, Elizabeth) (Entered: 10/24/2022) (4) |
| Jun 24, 2022 | 200 | STATUS REPORT - Joint Status Report Regarding Inter Partes Review and Federal Circuit Appeal filed by Plaintiff Sleep Number Corporation. (Patton, Elizabeth) (Entered: 06/24/2022) (4) |
| May 3, 2022 | 199 | NOTICE of Change of Attorney Business or Contact Information: for attorney Kecia J Reynolds counsel for Plaintiff Sleep Number Corporation. Changing Firm/Address to Paul Hastings LLP, 2050 M Street, NW, Washington, D.C. 20036. Changing e-mail to keciareynolds@paulhastings.com. Filed by Plaintiff Sleep Number Corporation. (Reynolds, Kecia) (Entered: 05/03/2022) (2) |
| Feb 25, 2022 | 198 | STATUS REPORT - Joint Status Report Regarding Inter Partes Review filed by Plaintiff Sleep Number Corporation. (Patton, Elizabeth) (Entered: 02/25/2022) (5) |
| Nov 9, 2021 | 196 | NOTICE of Change of firm name and address by Steven A Moore attorney for Plaintiff Sleep Number Corporation, Counter Defendant Sleep Number Corporation. Changing firm name to Moore IP Law PC and address to 4321 Balboa Avenue, Suite 404, San Diego, CA 92117. Filed by Plaintiff Sleep Number Corporation, Counter Defendant Sleep Number Corporation. (Moore, Steven) (Entered: 11/09/2021) (2) |
| Nov 9, 2021 | 197 | NOTICE of Change of firm name and address by Nicole S Cunningham attorney for Plaintiff Sleep Number Corporation, Counter Defendant Sleep Number Corporation. Changing firm name to Moore IP Law PC and address to 4321 Balboa Avenue, Suite 404, San Diego, CA 92117. Filed by Plaintiff Sleep Number Corporation, Counter Defendant Sleep Number Corporation. (Cunningham, Nicole) (Entered: 11/09/2021) (2) |
| Oct 28, 2021 | 195 | STATUS REPORT - Joint Status Report Regarding Inter Partes Review filed by Plaintiff Sleep Number Corporation. (Patton, Elizabeth) (Entered: 10/28/2021) (5) |
| Jun 30, 2021 | 194 | STATUS REPORT - Joint Status Report Regarding Inter Partes Review filed by Plaintiff Sleep Number Corporation. (Patton, Elizabeth) (Entered: 06/30/2021) (4) |
| Mar 2, 2021 | 193 | STATUS REPORT - Joint Status Report Regarding Inter Partes Review filed by Plaintiff Sleep Number Corporation. (Patton, Elizabeth) (Entered: 03/02/2021) (4) |
| Nov 2, 2020 | 190 | NOTICE OF MOTION AND MOTION to Stay Case pending potential notice of appeal in inter partes review proceedings IPR2019-00497 and IPR2019-00500 and to Set Briefing Schedule Regarding Lifting of Stay filed by Defendant Sizewise Rentals LLC. Motion set for hearing on 12/4/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Memorandum in Support of and Motion to Set Brief Schedule Regarding Lifting of Stay, # 2 Declaration of Kyle L. Elliott, # 3 Exhibit A - SN Notice of Appeal 21-1032, # 4 Exhibit B - ANM Notice of Appeal 21-1030, # 5 Exhibit C - Joint Mtn to Preserve (514), # 6 Exhibit D - Joint Mtn to Preserve (497), # 7 Exhibit E - Joint Mtn to Preserve (500)) (Elliott, Kyle) (Entered: 11/02/2020) (0) |
| Nov 2, 2020 | 191 | NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Stay Case pending potential notice of appeal in inter partes review proceedings IPR2019-00497 and IPR2019-00500 and to Set Briefing Schedule Regarding Lifting of Stay 190 (Attachments: # 1 Proposed Order)(Elliott, Kyle) (Entered: 11/02/2020) (0) |
| Nov 2, 2020 | 192 | MINUTES (IN CHAMBERS) ORDER MAINTAINING STAY by Judge Andre Birotte Jr.: The Court has reviewed the parties' Joint Status Report Regarding Inter Partes Review 188 . The Court finds that it is in the interests of judicial economy and the orderly litigation of this case to maintain the stay pending the appeals so that all claims may proceed together, and the Court so orders. Therefore, the stay will remain in place pending all appeals. The parties are ORDERED to file Joint Status Reports every 120 days with the face page indicating the date of the next Joint Report. The parties must file a final Joint Report within ten days after the last appeal is resolved, which should include a proposal for proceeding with this action and an appropriate Proposed Order. While this Order was being prepared for docketing, motions regarding the stay were filed in each case. See Case No. 18-00356 Dkt. Nos. 189 , 190 ; and Case No. 18-00357, Dkt. Nos. 185, 186. Those motions are denied as moot. Court Reporter: N/A. (gk) (Entered: 11/02/2020) (2) |
| Oct 30, 2020 | 189 | NOTICE OF MOTION AND MOTION to Lift Stay re case filed by Plaintiff Sleep Number Corporation. Motion set for hearing on 12/4/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Elizabeth A. Patton, # 3 Exhibit 1 to Patton Declaration, # 4 Exhibit 2 to Patton Declaration, # 5 Exhibit 3 to Patton Declaration, # 6 Exhibit 4 to Patton Declaration, # 7 Exhibit 5 to Patton Declaration, # 8 Proposed Order) (Patton, Elizabeth) (Entered: 10/30/2020) (0) |
| Oct 16, 2020 | 188 | STATUS REPORT - Joint Status Report Regarding Inter Partes Review filed by Plaintiff Sleep Number Corporation. (Patton, Elizabeth) (Entered: 10/16/2020) (5) |
| Aug 17, 2020 | 187 | MINUTE ORDER [In Chambers] ORDER RE: JOINT REPORT 186 by Judge Andre Birotte Jr. The Court ORDERS the parties to meet and confer and file within 60 days of the issuance of this order a Joint Status Report addressing how they propose to proceed with this case. The parties shall also file a Stipulation and Proposed Order if appropriate. IT IS SO ORDERED. (lom) (Entered: 08/20/2020) (1) |
| Aug 6, 2020 | 186 | STATUS REPORT - Joint Status Report Regarding Inter Partes Review filed by Plaintiff Sleep Number Corporation. (Patton, Elizabeth) (Entered: 08/06/2020) (4) |
| Jun 18, 2020 | 185 | Notice of Appearance or Withdrawal of Counsel: for attorney Jeffrey H Grant counsel for Plaintiff Sleep Number Corporation, Counter Defendant Sleep Number Corporation. Ashe P. Puri is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Sleep Number Corporation. (Grant, Jeffrey) (Entered: 06/18/2020) (2) |
| Jun 17, 2020 | 184 | Notice of Appearance or Withdrawal of Counsel: for attorney Jeffrey H Grant counsel for Plaintiff Sleep Number Corporation, Counter Defendant Sleep Number Corporation. Adding Jeff H. Grant as counsel of record for Sleep Number Corporation for the reason indicated in the G-123 Notice. Filed by Plaintiff Sleep Number Corporation. (Attorney Jeffrey H Grant added to party Sleep Number Corporation(pty:pla), Attorney Jeffrey H Grant added to party Sleep Number Corporation(pty:cd))(Grant, Jeffrey) (Entered: 06/17/2020) (2) |
| Jun 8, 2020 | 183 | STATUS REPORT - Joint Status Report Regarding Inter Partes Review filed by Plaintiff Sleep Number Corporation. (Patton, Elizabeth) (Entered: 06/08/2020) (4) |
| Mar 30, 2020 | 182 | STATUS REPORT - Joint Status Report Regarding Inter Partes Review filed by Plaintiff Sleep Number Corporation. (Patton, Elizabeth) (Entered: 03/30/2020) (4) |
| Feb 20, 2020 | 181 | NOTICE of Change of firm name and address by Steven A Moore attorney for Plaintiff Sleep Number Corporation, Counter Defendant Sleep Number Corporation. Changing firm name to Zhong Lun Law Firm LLP and address to 1717 Kettner Blvd. Suite 200, San Diego, CA 92101. Filed by Plaintiff Sleep Number Corporation, Counter Defendant Sleep Number Corporation. (Moore, Steven) (Entered: 02/20/2020) (2) |
| Feb 19, 2020 | 180 | NOTICE of Change of firm name and address by Nicole S Cunningham attorney for Plaintiff Sleep Number Corporation, Counter Defendant Sleep Number Corporation. Changing firm name to Zhong Lun Law Firm LLP and address to 1717 Kettner Blvd. Suite 200, San Diego, CA 92101. Filed by Plaintiff Sleep Number Corporation, Counter Defendant Sleep Number Corporation. (Cunningham, Nicole) (Entered: 02/19/2020) (2) |
| Jan 17, 2020 | 179 | STATUS REPORT Regarding Inter Partes Review filed by Plaintiff Sleep Number Corporation. (Patton, Elizabeth) (Entered: 01/17/2020) (4) |
| Nov 11, 2019 | 178 | STATUS REPORT Regarding Inter Partes Review filed by Plaintiff Sleep Number Corporation. (Patton, Elizabeth) (Entered: 11/11/2019) (4) |
| Sep 26, 2019 | 177 | MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Order Granting Plaintiffs Ex Parte Application to Modify Protective Order But Ordering Redactions to Private Source Code Information 175 (SEE ORDER FOR DETAILS). (kca) (Entered: 09/26/2019) (9) |
| Sep 24, 2019 | 176 | MEMORANDUM in opposition to re: EX PARTE APPLICATION for Protective Order for Modification 175 filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Declaration of Kyle L. Elliott, # 2 Exhibit 1)(Elliott, Kyle) (Entered: 09/24/2019) (0) |
| Sep 23, 2019 | 174 | ORDER ON PLAINTIFF'S EX PARTE APPLICATION TO LIFT THE STAY FOR THE PURPOSE OF FILING AN EX PARTE APPLICATION TO MODIFY THE STIPULATED PROTECTIVE ORDER by Judge Andre Birotte Jr.: IT IS HEREBY ORDERED that Plaintiff's Ex Parte Application to Lift the Stay for the sole Purpose of Filing an Ex Parte Application to Modify the Stipulated Protective Order 172 is GRANTED. Within 24 hours of the issuance of this Order, Plaintiff may file an Ex Parte Application to Modify the Stipulated Protective Order before Magistrate Judge Pym. Defendants may oppose that Application within 24 hours (one court day) of filing. (gk) (Entered: 09/23/2019) (2) |
| Sep 23, 2019 | 175 | EX PARTE APPLICATION for Protective Order for Modification filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Declaration of Luke Toft in Support of Ex Parte Application to Modify Protective Order, # 2 Exhibit 1 to Luke Toft, # 3 Exhibit 2 to Luke Toft, # 4 Exhibit 3 to Luke Toft, # 5 Exhibit 4 to Luke Toft, # 6 Exhibit 5 to Luke Toft, # 7 Exhibit 6 to Luke Toft, # 8 Exhibit 7 to Luke Toft, # 9 Exhibit 8 to Luke Toft, # 10 Proposed Order on Ex Parte Application to Modify Protective Order)(Puri, Asheesh) (Entered: 09/23/2019) (0) |
| Sep 19, 2019 | 173 | MEMORANDUM in opposition to re: EX PARTE APPLICATION to Lift Stay re litigation for the Purpose of Filing an Ex Parte Application to Modify the Stipulated Protective Order 172 filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Declaration of Kyle L. Elliott, # 2 Exhibit 1)(Elliott, Kyle) (Entered: 09/19/2019) (0) |
| Sep 18, 2019 | 172 | EX PARTE APPLICATION to Lift Stay re litigation for the Purpose of Filing an Ex Parte Application to Modify the Stipulated Protective Order filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Proposed Order) (Patton, Elizabeth) (Entered: 09/18/2019) (0) |
| Sep 17, 2019 | 171 | MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Order Denying Plaintiffs Ex Parte Applicationto Modify the Stipulated Protective Order Without Prejudice 169 (SEE ORDER FOR DETAILS). (kca) (Entered: 09/17/2019) (2) |
| Sep 13, 2019 | 170 | MEMORANDUM in opposition to re: EX PARTE APPLICATION for Protective Order Modification 169 filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Declaration of Kyle L. Elliott, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Elliott, Kyle) (Entered: 09/13/2019) (0) |
| Sep 12, 2019 | 169 | EX PARTE APPLICATION for Protective Order Modification filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Declaration of Lukas D. Toft, # 2 Exhibit 1 to Declaration, # 3 Exhibit 2 to Declaration, # 4 Exhibit 3 to Declaration, # 5 Exhibit 4 to Declaration, # 6 Exhibit 5 to Declaration, # 7 Exhibit 6 to Declaration, # 8 Exhibit 7 to Declaration, # 9 Exhibit 8 to Declaration, # 10 Proposed Order Granting Ex Parte Application)(Puri, Asheesh) (Entered: 09/12/2019) (0) |
| Aug 30, 2019 | 168 | STATUS REPORT Regarding Inter Partes Review filed by Plaintiff Sleep Number Corporation. (Patton, Elizabeth) (Entered: 08/30/2019) (4) |
| Jun 24, 2019 | 167 | STATUS REPORT Regarding Inter Partes Review filed by Plaintiff Sleep Number Corporation, Counter Defendant Sleep Number Corporation. (Puri, Asheesh) (Entered: 06/24/2019) (4) |
| May 21, 2019 | 166 | Answer to Third Amended Counterclaims filed by Plaintiff Sleep Number Corporation, Counter Defendant Sleep Number Corporation re: Amended Answer to Complaint, 147 (Puri, Asheesh) (Entered: 05/21/2019) (29) |
| May 14, 2019 | 165 | TRANSCRIPT ORDER as to Defendant Sizewise Rentals LLC for Court Reporter. Court will contact Lori Allee at jallee@spencerfane.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Elliott, Kyle) (Entered: 05/14/2019) (1) |
| May 7, 2019 | 164 | MINUTES (IN CHAMBERS) Order GRANTING-IN-PART and DENYING-IN-PART Motions to Dismiss and DENYING Motions to Partially Lift Stay by Judge Andre Birotte Jr.: Before the Court for the third time, are motions to dismiss certain counterclaims and strike certain affirmative defenses (EDCV 18-00356 AB (SPx), Dkt. No. 149 ; EDCV 18-00357 AB (SPx), Dkt. No. 136) filed by Plaintiff Sleep Number Corporation. The Court GRANTS-IN-PART Plaintiff's motions to dismiss and STRIKES (1) the phrase "pursuant to 35 U.S.C. Section 112(f) (pre-AIA)" in Defendants' eleventh affirmative defense (2) paragraphs 208, 212, 218 (second to last sentence only), 219, 220, 221, and 222 of the TAACC (3) all general references in the TAACC to inequitable conduct by anyone other than Gifft, Mahoney, and Thuente specifically that appear in paragraphs 137-145, 158-159, 163-166, 174-175, 177-180, 200-202, 205, 209-213 and (4) allegations in paragraphs 158, 161, 162, and 166 that Gifft and Mahoney committed inequitable conduct by withholding the Shafer CIP reference during patent prosecution. Defendants are not permitted to amend their answer and counterclaims again at this time and any future requests to amend must be made by means of a motion that complies with Rules 15 and 16 after the stay in this matter is lifted. The Court otherwise DENIES Plaintiff's motions to dismiss. The Court DENIES Defendants' motions to partially lift stay 156 . Court Reporter: N/A. (gk) (Entered: 05/07/2019) (10) |
| Apr 26, 2019 | 163 | MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Defendants' Motion to Partially Lift Stay to Take Deposition of Rod Hine 156 ; Plaintiff's Motion to Dismiss Defendants' Counterclaims III and IV and to Strike Defendants' Tenth, Eleventh, and Twelfth Affirmative Defenses 149 . The Courtroom Deputy Clerk distributes the Court's tentative rulings prior to the case being called. The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motions under submission. Court Reporter: Chia Mei Jui. (gk) (Entered: 04/26/2019) (1) |
| Apr 15, 2019 | 162 | MINUTES (IN CHAMBERS) Order Continuing Hearing on Motions to Dismiss by Judge Andre Birotte Jr,: For reasons of calendar management and judicial economy, the hearings set this Friday on Plaintiff's Motion to Dismiss certain of Defendants' Amended Counterclaims and Affirmative Defenses 149 are CONTINUED to next Friday, 4/26/2019 at 10:00 AM before Judge Andre Birotte Jr., so that they can be heard at the same time as Defendants' Motions to Partially Lift the Stay to Take a Deposition 156 . Court Reporter: N/A. (gk) (Entered: 04/16/2019) (1) |
| Apr 12, 2019 | 161 | STATUS REPORT (JOINT) filed by Plaintiff Sleep Number Corporation. (Puri, Asheesh) (Entered: 04/12/2019) (4) |
| Apr 11, 2019 | 160 | REPLY in Support of NOTICE OF MOTION AND MOTION to PARTIALLY LIFT STAY TO TAKE THE DEPOSITION OF ROD HINE 156 filed by Defendant Sizewise Rentals LLC. (Elliott, Kyle) (Entered: 04/11/2019) (4) |
| Apr 5, 2019 | 158 | NOTICE OF LODGING filed re Notice (Other), 149 , Order,, 157 (Attachments: # 1 Exhibit A - Redline Comparison of Second and Third Amended Answer and Counterclaims)(Elliott, Kyle) (Entered: 04/05/2019) (0) |
| Apr 5, 2019 | 159 | OPPOSITION in opposition to re: NOTICE OF MOTION AND MOTION to PARTIALLY LIFT STAY TO TAKE THE DEPOSITION OF ROD HINE 156 filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Declaration of Elizabeth Patton, # 2 Exhibit 1 to Patton Declaration, # 3 Exhibit 2 to Patton Declaration, # 4 Exhibit 3 to Patton Declaration, # 5 Exhibit 4 to Patton Declaration, # 6 Exhibit 5 to Patton Declaration)(Puri, Asheesh) (Entered: 04/05/2019) (0) |
| Apr 1, 2019 | 157 | ORDER DIRECTING DEFENDANTS TO FILE A REDLINE COMPARISON OF THE THIRD AMENDED ANSWER AND COUNTERCLAIMS TO THE SECOND AMENDED ANSWER AND COUNTERCLAIMS by Judge Andre Birotte Jr.: Plaintiff has filed a Motion to Dismiss Defendants' Counterclaims III and IV and to Strike Defendants' Tenth, Eleventh, and Twelfth Affirmative Defenses 149 . To aid the Court in its review of Plaintiff's Motion, the Court ORDERS Defendants to file redline documents showing inline the charges they have made from their Second Amended Answer and Counterclaims to their Third Amended Answer and Counterclaims by 4/5/2019. (gk) (Entered: 04/02/2019) (2) |
| Mar 29, 2019 | 156 | NOTICE OF MOTION AND MOTION to PARTIALLY LIFT STAY TO TAKE THE DEPOSITION OF ROD HINE filed by Defendant Sizewise Rentals LLC. Motion set for hearing on 4/26/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Memorandum In Support of Motion to Partially Lift Stay to Take Deposition of Rod Hine, # 2 Declaration of Kyle Elliott, # 3 Proposed Order) (Elliott, Kyle) (Entered: 03/29/2019) (0) |
| Mar 25, 2019 | 155 | REPLY filed by Plaintiff Sleep Number Corporation to Notice (Other), 149 (Attachments: # 1 Declaration Suppl Patton Declaration, # 2 Exhibit 5 to Suppl Patton Declaration)(Puri, Asheesh) (Entered: 03/25/2019) (0) |
| Mar 18, 2019 | 153 | ORDER by Judge Andre Birotte Jr, Granting Stipulation for Extension of Time to File Opposition to Motion to Dismiss and Continuing Hearing on Motion 152 , 149 . The hearing on the Motion to Dismiss is CONTINUED from April 5, 2019 to April 19, 2019 at 10:00 am. Opposition due by 3/18/2019, Replies due by 3/25/2019., Motion set for hearing on 4/19/2019 at 10:00 AM before Judge Andre Birotte Jr. (twdb) (Entered: 03/18/2019) (2) |
| Mar 18, 2019 | 154 | OPPOSITION to Plaintiff's Motion to Dismiss Defendants' Counterclaims III and IV and to Strike Defendants' Tenth, Eleventh, and Twelfth Affirmative Defenses [Dkt 147] filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Declaration of Jaspal Hare, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Elliott, Kyle) (Entered: 03/18/2019) (0) |
| Mar 15, 2019 | 152 | Joint STIPULATION for Extension of Time to File Opposition to Motion to Dismiss filed by Defendants' Sizewise Rentals LLC. (Attachments: # 1 Proposed Order)(Elliott, Kyle) (Entered: 03/15/2019) (0) |
| Mar 6, 2019 | 151 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 149 ; Response 150 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: 149 - Dismiss; 150 - Answer. Other error(s) with document(s): Document 149 - All Motions are set on the Judge's calendar. For efiling, see: Motions and Related Filings - Applications/Ex Parte Applications/Motions/Petitions/Requests - Dismiss (cause or other). Document - 150 - For efiling, see: Answers to Complaints. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) (Entered: 03/06/2019) (2) |
| Mar 4, 2019 | 149 | NOTICE of Motion and Motion to Dismiss filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Memorandum ISO Motion to Dismiss, # 2 Declaration of Elizabeth Patton, # 3 Exhibit 1 to Patton Declaration, # 4 Exhibit 2 to Patton Declaration, # 5 Exhibit 3 to Patton Declaration, # 6 Exhibit 4 to Patton Declaration, # 7 Proposed Order Granting Motion to Dismiss)(Puri, Asheesh) Modified on 4/16/2019 (gk). (Entered: 03/04/2019) (0) |
| Mar 4, 2019 | 150 | RESPONSE filed by Plaintiff Sleep Number Corporationto Amended Answer to Complaint, 147 PLAINTIFF'S ANSWER TO DEFENDANT'S THIRD AMENDED COUNTERCLAIMS (Puri, Asheesh) (Entered: 03/04/2019) (16) |
| Feb 19, 2019 | 148 | NOTICE OF ERRATA filed by Defendant Sizewise Rentals LLC, Counter Claimant Sizewise Rentals LLC. correcting Amended Answer to Complaint, 147 Exhibit 12 (Attachments: # 1 Exhibit Corrected Exhibit 12)(Elliott, Kyle) (Entered: 02/19/2019) (0) |
| Feb 18, 2019 | 145 | TRANSCRIPT for proceedings held on 1/11/19, 10:36 A.M.. Court Reporter/Electronic Court Recorder: Chia Mei Jui, CSR, cmjui.csr@gmail.com, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through COURT REPORTER: Chia Mei Jui, CSR, or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/11/2019. Redacted Transcript Deadline set for 3/21/2019. Release of Transcript Restriction set for 5/20/2019. (Jui, Chia) (Entered: 02/18/2019) (13) |
| Feb 18, 2019 | 146 | NOTICE OF FILING TRANSCRIPT filed for proceedings 1/11/19, 10:36 A.M. re Transcript 145 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Jui, Chia) TEXT ONLY ENTRY (Entered: 02/18/2019) (0) |
| Feb 18, 2019 | 147 | AMENDED ANSWER and DEFENSES, AND COUNTERCLAIMS to Amended Complaint/Petition 37 filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Elliott, Kyle) (Entered: 02/18/2019) (0) |
| Feb 14, 2019 | 144 | ORDER DENYING STIPULATION REGARDING STAY OF DISTRICT COURT ACTIONS by Judge Andre Birotte Jr.: In light of the Court's determination regarding Defendants' Motion to Stay 143 , the Court DENIES the parties' Joint Stipulation 142 and directs the parties to proceed in compliance with the Order granting Defendants' Motion to Stay, except that the deadline for Defendants to submit their Amended Answer and Counterclaims is CONTINUED to 2/18/2019. A determination regarding when and under what circumstances the stay of these matters should be lifted will be made at the appropriate time after relevant IPR decisions have been issued by the Patent Trial and Appeal Board and the parties have presented their respective/collective positions about whether they believe some or all of the stay should be lifted in the appropriate joint status report. (gk) (Entered: 02/14/2019) (2) |
| Feb 12, 2019 | 142 | Joint STIPULATION to Stay Case pending the IPRs filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Proposed Order Granting STIPULATION REGARDING STAY OF DISTRICT COURT ACTIONS)(Puri, Asheesh) (Entered: 02/12/2019) (0) |
| Feb 12, 2019 | 143 | MINUTES (IN CHAMBERS) Order GRANTING Defendants' Motions to Stay by Judge Andre Birotte Jr.: Before the Court are Motions to Stay Pending Inter Partes Review (EDCV 18-00356 AB (SPx), Dkt. No. 133 ; EDCV 18-00357 AB (SPx), Dkt. No. 134) filed by Defendants Sizewise Rentals LLC and American National Manufacturing, Inc. in the two above-captioned cases. Having considered the matters raised with respect to the motions, the Court concludes that the matter can be decided without oral argument. Pursuant to Local Rule 7-15, the Court VACATES the hearing for the motions. Based on the arguments presented by the parties and as stated herein, the Court GRANTS the motions and STAYS this litigation, with one exception: Although the parties' motion practice related to the pleadings is not enough to tip the scales for the stage of the proceedings factor, the Court finds it would be inefficient to let the parties' ongoing pleading disputes related to Defendants' inequitable conduct counterclaims linger while this matter is stayed pending IPR. The Court recently resolved Plaintiff's third Motion to Dismiss Defendants' inequitable conduct counterclaims by granting-in-part the motion with leave for Defendants to file amended counterclaims as to certain inequitable conduct invalidity theories. Defendants' amended counterclaims are due in just a few days, and as the Court's Order regarding Plaintiff's third Motion to Dismiss explained (id. at 10), "[t]o the extent the parties continue to dispute Defendants' allegations after Defendants file another amended pleading, the Court would be amenable to hearing the parties' dispute on an expedited basis after they have meaningfully met and conferred on all challenges." The Court maintains its position on this issue and thus does not extend the stay of litigation to the parties' dispute, if any, regarding Defendants' anticipated amended counterclaims. The parties are expected to proceed with addressing any remaining dispute with Defendants' anticipated amended counterclaims until all pleadings in this case have been filed. In order to permit the Court to monitor this action, the Court orders the parties to file periodic status reports indicating the status of the IPR proceedings and what steps remain in the IPR proceedings. The first such report is to be filed on 4/15/2019. Successive reports shall be filed every 70 days thereafter or within 14 days of a decision from the PTAB concluding IPR proceedings as to any of the IPR petitions filed by Defendants on the Asserted Patents, whichever occurs earlier. Each report must indicate on the face page the date on which the next report is due. All pending calendar dates are vacated by the Court. This Court retains jurisdiction over this action and this Order shall not prejudice any party to this action. Court Reporter: N/A. (gk) (Entered: 02/12/2019) (7) |
| Jan 31, 2019 | 141 | MINUTES (IN CHAMBERS) Order GRANTING-IN-PART and DENYING-IN-PART Motions to Dismiss by Judge Andre Birotte Jr.: The Court GRANTS-IN-PART and DENIES-IN-PART Plaintiff's Motions to Dismiss Counterclaims III and IV and to Strike Tenth Affirmative Defense 112 . Specifically, the Court GRANTS with leave to amend Plaintiff's motion to dismiss (1) all of Defendants' allegations regarding the Shafer CIP; (2) Defendants' allegations relying on the UFCS2 pump as an anticipatory reference; (3) Defendants' allegations regarding Mahoney as to the UFCS2 and CFCS pumps; and (4) all of Defendants' allegations regarding Colder. Defendants will have 14 days to file an amended pleading as to inequitable conduct theories involving the Withheld Art. The Court GRANTS without leave to amend Plaintiff's civil conspiracy claim to the extent it is not premised on one of Defendants' "withheld art" inequitable conduct theories. The Court otherwise DENIES the motions. To the extent the parties continue to dispute Defendants' allegations after Defendants file another amended pleading, the Court would be amenable to hearing the parties' dispute on an expedited basis after they have meaningfully met and conferred on all challenges. The Court also notes that if Plaintiff ultimately decides to renew a challenge to Defendants' inequitable conduct allegations, to the extent Plaintiff raise argument(s) that it did not raise in any of its previous motions, Plaintiff will be expected to say so and provide a reason as to why each new argument should still be considered despite Plaintiff's failure to raise it in a previous motion. Court Reporter: N/A. (gk) (Entered: 02/01/2019) (10) |
| Jan 30, 2019 | 139 | ORDER GRANTING STIPULATION REGARDING AMENDING INFRINGEMENT AND INVALIDITY CONTENTIONS AND EXTENDING MOTION TO STAY REPLY BRIEF DEADLINE by Judge Andre Birotte Jr.: The Stipulation 138 is GRANTED. Plaintiff shall serve upon Defendants final Amended Infringement Contentions on or before 1/25/2019. Defendants shall serve upon Plaintiff Amended Invalidity Contentions on or before 2/21/2019, and shall do so regardless of the outcome of Defendants' pending Motion to Stay 133 . Defendants shall have until close of business on 1/30/2019 to file a reply brief in support of Defendants' Motion to Stay. The hearing on Defendants' Motion to Stay is CONTINUED to 2/15/2019 at 10:00 AM before Judge Andre Birotte Jr. The Parties will exchange preliminary claim constructions and extrinsic evidence pursuant to adopted Patent Rule 4-2 on 3/15/2019. The remaining deadlines set forth in the Second Amended Scheduling Order 127 remain unchanged. (gk) (Entered: 01/30/2019) (2) |
| Jan 30, 2019 | 140 | REPLY in Support of NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Review 133 filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Declaration of Kyle L. Elliott, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Elliott, Kyle) (Entered: 01/30/2019) (0) |
| Jan 25, 2019 | 138 | STIPULATION to Amend, STIPULATION for Extension of Time to File Reply filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Proposed Order)(Puri, Asheesh) (Entered: 01/25/2019) (0) |
| Jan 18, 2019 | 137 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Review 133 filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Declaration of Elizabeth Patton, # 2 Exhibit 1 to Declaration of Elizabeth Patton, # 3 Exhibit 2 to Declaration of Elizabeth Patton, # 4 Exhibit 3 to Declaration of Elizabeth Patton, # 5 Exhibit 4 to Declaration of Elizabeth Patton, # 6 Exhibit 5 to Declaration of Elizabeth Patton)(Puri, Asheesh) (Entered: 01/18/2019) (0) |
| Jan 17, 2019 | 136 | TRANSCRIPT ORDER as to Defendant Sizewise Rentals LLC for Court Reporter. Court will contact Lori Allee at jallee@spencerfane.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Elliott, Kyle) (Entered: 01/17/2019) (1) |
| Jan 11, 2019 | 135 | MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Plaintiff's Motion to Dismiss Defendants' Counterclaims III and IV and to Strike Defendants' Tenth Affirmative Defenses 112 . The Courtroom Deputy Clerk distributes the Court's tentative rulings prior to the case being called. The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motion under submission. Court Reporter: Chia Mei Jui. (gk) (Entered: 01/14/2019) (1) |
| Jan 10, 2019 | 134 | NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Review 133 (Attachments: # 1 Proposed Order)(Elliott, Kyle) (Entered: 01/10/2019) (0) |
| Jan 9, 2019 | 133 | NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Review filed by Defendants' Sizewise Rentals LLC. Motion set for hearing on 2/8/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Memorandum In Support of Motion to Stay Action Pending Inter Partes Review, # 2 Exhibit A - Declaration of Kyle Elliott, # 3 Exhibit 1 to Decl., # 4 Exhibit 2 to Decl., # 5 Exhibit 3 to Decl., # 6 Exhibit 4 to Decl., # 7 Exhibit 5 to Decl.) (Elliott, Kyle) (Entered: 01/09/2019) (0) |
| Dec 21, 2018 | 132 | REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss DEFENDANTS' COUNTERCLAIMS III AND IV AND TO STRIKE DEFENDANTS' TENTH AFFIRMATIVE DEFENSE 112 filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Declaration of Lukas D. Toft, # 2 Exhibit 1 to Declaration)(Puri, Asheesh) (Entered: 12/21/2018) (0) |
| Dec 19, 2018 | 130 | TRANSCRIPT for proceedings held on 11/14/2018, 1:30 p.m.. Court Reporter/Electronic Court Recorder: JAMS CERTIFIED TRANSCRIPTION, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/9/2019. Redacted Transcript Deadline set for 1/22/2019. Release of Transcript Restriction set for 3/19/2019. (ls) (Entered: 12/19/2018) (23) |
| Dec 19, 2018 | 131 | NOTICE OF FILING TRANSCRIPT filed for proceedings 11/14/2018, 1:30 p.m. re Transcript 130 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ls) TEXT ONLY ENTRY (Entered: 12/19/2018) (0) |
| Dec 13, 2018 | 129 | ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Brian T. Bear to Appear Pro Hac Vice on behalf of Defendant Sizewise Rentals, LLC, designating Thomas J. Daly as local counsel 122 . (gk) (Entered: 12/13/2018) (1) |
| Dec 12, 2018 | 128 | DEFENDANTS' OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss DEFENDANTS' COUNTERCLAIMS III AND IV AND TO STRIKE DEFENDANTS' TENTH AFFIRMATIVE DEFENSE 112 filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Declaration of Jaspal Hare, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Elliott, Kyle) (Entered: 12/12/2018) (0) |
| Dec 10, 2018 | 125 | OPPOSITION IN OPPOSITION re: EX PARTE APPLICATION to Exceed Page Limitation 123 filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Declaration of Elizabeth A Patton ISO Plaintiff Opposition to Ex Parte Application, # 2 Exhibit 1 to Patton Declaration)(Puri, Asheesh) (Entered: 12/10/2018) (0) |
| Dec 10, 2018 | 126 | ORDER DENYING DEFENDANTS' EX PARTE APPLICATION TO FILE THEIR OPPOSITION TO PLAINTIFF'S MOTION TO DISMISS DEFENDANTS' COUNTERCLAIMS III AND IV AND TO STRIKE DEFENDANTS' TENTH AFFIRMATIVE DEFENSE IN EXCESS OF PAGE LIMITS by Judge Andre Birotte Jr.: Defendants' Ex Parte Application to Exceed Page Limits for Their Opposition to Plaintiff's Motion to Dismiss Counterclaims III and IV and to Strike Defendants' Tenth Affirmative Defense 123 are hereby DENIED. Defendants MUST file an opposition that complies with the Local Rules no later than 12/12/2018. The oversized oppositions filed on 12/7/2018 (Dkt. No. 124 in Case No. 5:18-cv-00356-AB-SP, and Dkt. No. 127 in Case No. 5:18-cv-00357-AB-SP) are hereby STRICKEN. (gk) (Entered: 12/10/2018) (2) |
| Dec 10, 2018 | 127 | ORDER GRANTING JOINT MOTION TO EXTEND DATES AND DEADLINES by Judge Andre Birotte Jr.: Upon Stipulation 121 , IT IS HEREBY ORDERED that the following dates and deadlines shall apply in the matters: Hearing on Plaintiff's Pending Motion to Dismiss 112 on 1/11/2019 at 10:00 AM before Judge Andre Birotte Jr. Deadline to File Joint Claim Construction and Prehearing Statement 3/22/2019. Deadline to Complete Claim Construction Discovery 4/19/2019. Deadline to File Opening Claim Construction Brief 5/3/2019. Deadline to File Responsive Claim Construction Brief 5/24/2019. Deadline to File Reply Claim Construction Brief 6/7/2019. Deadline to File Joint Claim Construction Chart 6/14/2019. Last Date to Hear Motion to Amend Pleadings/Add Parties 5/24/2019. Non-Expert Discovery cut-off 7/19/2019. Last Date to Hear Motions 10/25/2019. Deadline to Complete Settlement Conference 12/11/2019. Trial Filings (first round): Motions In Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List, Joint Status Report Regarding Settlement due by 12/22/2019. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 1/10/2020. Final Pretrial Conference set for 1/24/2020 11:00 AM before Judge Andre Birotte Jr. Jury Trial set for 2/11/2020 08:30 AM before Judge Andre Birotte Jr. See document for further details. (gk) (Entered: 12/11/2018) (5) |
| Dec 7, 2018 | 123 | EX PARTE APPLICATION to Exceed Page Limitation filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Memorandum in Support of Application, # 2 Proposed Order) (Elliott, Kyle) (Entered: 12/07/2018) (0) |
| Dec 7, 2018 | 124 | * STRICKEN * DEFENDANTS' OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss DEFENDANTS' COUNTERCLAIMS III AND IV AND TO STRIKE DEFENDANTS' TENTH AFFIRMATIVE DEFENSE 112 filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Declaration of Jaspal Hare, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Elliott, Kyle) ** DOCUMENT STRICKEN PURSUANT TO THE ORDER OF 12/10/2018 126 ** Modified on 12/10/2018 (gk). (Entered: 12/07/2018) (0) |
| Dec 5, 2018 | 122 | APPLICATION of Non-Resident Attorney Brian T. Bear to Appear Pro Hac Vice on behalf of Defendant Sizewise Rentals LLC, Counter Claimant Sizewise Rentals LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22847087) filed by Defendant and Counterclaim-Defendant Sizewise Rentals LLC. (Attachments: # 1 Proposed Order) (Daly, Thomas) (Entered: 12/05/2018) (0) |
| Nov 30, 2018 | 121 | Joint STIPULATION to Extend Discovery Cut-Off Date to 07/19/2019 filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Memorandum ISO Joint Motion to Extend Dates and Deadlines, # 2 Proposed Order for Revised Schedule)(Puri, Asheesh) (Entered: 11/30/2018) (0) |
| Nov 29, 2018 | 120 | MINUTES OF Telephone Conference held before Magistrate Judge Sheri Pym: Thecourt and counsel conferred regarding scheduling and discovery issues, no resolution was reached. Court Recorder: XTR RECORDER. (kca) (Entered: 11/30/2018) (1) |
| Nov 20, 2018 | 118 | ORDER GRANTING JOINT STIPULATION TO MODIFY PROTECTIVE ORDER REGARDING CITATION OF SOURCE CODE by Magistrate Judge Sheri Pym. (kca) (Entered: 11/20/2018) (1) |
| Nov 20, 2018 | 119 | ORDER GRANTING JOINT STIPULATION TO EXTEND TIME TO RESPOND TO PLAINTIFF'S MOTION TO DISMISS DEFENDANTS' COUNTERCLAIMS III AND IV AND STRIKE DEFENDANTS' TENTH AFFIRMATIVE DEFENSE by Judge Andre Birotte Jr.: The Joint Stipulation 115 is GRANTED. Defendants' deadline to respond to Plaintiff's Motion to Dismiss Defendants' Counterclaims III and IV and Strike Defendants' Tenth Affirmative Defense 112 is hereby extended to and including 11/30/2018 and Plaintiff's deadline to file a reply is extended to and including 12/7/2018. The hearing date is CONTINUED to 12/21/2018 at 10:00 AM before Judge Andre Birotte Jr. (gk) (Entered: 11/20/2018) (2) |
| Nov 16, 2018 | 116 | TRANSCRIPT ORDER as to Defendant Sizewise Rentals LLC for Court Smart (CS). Court will contact Lori Allee at jallee@spencerfane.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Elliott, Kyle) (Entered: 11/16/2018) (1) |
| Nov 16, 2018 | 117 | MINUTES OF Telephone Conference - MOTION FOR PROTECTIVEORDER held before Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). Court Recorder: XTR RECORDER. (kca) (Entered: 11/16/2018) (2) |
| Nov 15, 2018 | 114 | Joint STIPULATION for Protective Order filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Proposed Order)(Hare, Jaspal) (Entered: 11/15/2018) (0) |
| Nov 15, 2018 | 115 | Joint STIPULATION for Extension of Time to File A RESPONSE as to NOTICE OF MOTION AND MOTION to Dismiss DEFENDANTS' COUNTERCLAIMS III AND IV AND TO STRIKE DEFENDANTS' TENTH AFFIRMATIVE DEFENSE 112 filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Proposed Order)(Hare, Jaspal) (Entered: 11/15/2018) (0) |
| Nov 14, 2018 | 112 | NOTICE OF MOTION AND MOTION to Dismiss DEFENDANTS' COUNTERCLAIMS III AND IV AND TO STRIKE DEFENDANTS' TENTH AFFIRMATIVE DEFENSE filed by Plaintiff Sleep Number Corporation. Motion set for hearing on 12/14/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Memorandum ISO Motion to Dismiss Counterclaims, # 2 Declaration of Patton in Support of Motion to Dismiss Second Amended Counterclaims, # 3 Exhibit 1 to Patton Declaration, # 4 Exhibit 2 to Patton Declaration, # 5 Proposed Order Granting Motion to Dismiss Second Amended Counterclaims) (Puri, Asheesh) (Entered: 11/14/2018) (0) |
| Nov 14, 2018 | 113 | PLAINTIFF'S ANSWER TO DEFENDANT'S SECOND AMENDED COUNTERCLAIMS ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, 66 [Dkt. 102] filed by Plaintiff Sleep Number Corporation.(Puri, Asheesh) (Entered: 11/14/2018) (15) |
| Nov 9, 2018 | 111 | Text Only Entry: A Telephonic Conference is set for Wednesday, November 14, 2018 at 1:30 p.m. re MOTION for Protective Order 100 . Counsel shall call 1-866-590-5055, Access Code 1146142. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY (Entered: 11/09/2018) (0) |
| Nov 8, 2018 | 110 | Text Only Entry: A Telephonic Conference is set for Wednesday, November 14, 2018 at 1:30 p.m. re MOTION for Protective Order 100 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY (Entered: 11/08/2018) (0) |
| Nov 6, 2018 | 109 | REPLY in Support of MOTION for Protective Order for Under Rule 26(c) Related to Third-Party Subpoenas 100 filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Declaration (Second) of Elizabeth Patton, # 2 Exhibit 9 to Second Declaration of Elizabeth Patton, # 3 Exhibit 10 to Second Declaration of Elizabeth Patton)(Puri, Asheesh) (Entered: 11/06/2018) (0) |
| Nov 5, 2018 | 108 | ORDER GRANTING STIPULATION FOR EXTENSION OF TIME RESPOND TO DEFENDANTS' AMENDED AFFIRMATIVE DEFENSES AND COUNTERCLAIMS by Judge Andre Birotte Jr.: Upon Stipulation 106 , Plaintiff must answer or otherwise respond to Defendants' Second Amended Answer, Defenses, and Counterclaims 102 no later than 11/14/2018. (gk) (Entered: 11/05/2018) (2) |
| Nov 2, 2018 | 107 | NOTICE OF ERRATA filed by Defendant Sizewise Rentals LLC. correcting MEMORANDUM in Opposition to Motion,, 104 (Elliott, Kyle) (Entered: 11/02/2018) (2) |
| Nov 1, 2018 | 106 | STIPULATION for Extension of Time to File Response to Defendants' Second Amended Affirmative Defenses and Counterclaims filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Proposed Order)(Puri, Asheesh) (Entered: 11/01/2018) (0) |
| Oct 30, 2018 | 104 | MEMORANDUM in Opposition to MOTION for Protective Order for Under Rule 26(c) Related to Third-Party Subpoenas 100 filed by Defendant Sizewise Rentals LLC, Counter Claimant Sizewise Rentals LLC. (Attachments: # 1 Declaration of Jaspal Hare, # 2 Exhibit 1 to Declaration of Jaspal Hare, # 3 Exhibit 2 to Declaration of Jaspal Hare, # 4 Exhibit 3 to Declaration of Jaspal Hare, # 5 Exhibit 4 to Declaration of Jaspal Hare, # 6 Exhibit 5 to Declaration of Jaspal Hare, # 7 Exhibit 6 to Declaration of Jaspal Hare, # 8 Exhibit 7 to Declaration of Jaspal Hare, # 9 Exhibit 8 to Declaration of Jaspal Hare, # 10 Exhibit 9 to Declaration of Jaspal Hare)(Elliott, Kyle) (Entered: 10/30/2018) (0) |
| Oct 30, 2018 | 105 | ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Andre Birotte Jr: granting 103 Non-Resident Attorney Alison M Rowe APPLICATION to Appear Pro Hac Vice on behalf of Sizewise Rentals LLC, designating Thomas J Daly as local counsel. (lom) (Entered: 10/31/2018) (1) |
| Oct 26, 2018 | 103 | APPLICATION of Non-Resident Attorney Alison M. Rowe to Appear Pro Hac Vice on behalf of Defendant Sizewise Rentals LLC, Counter Claimant Sizewise Rentals LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22652175) filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Proposed Order) (Daly, Thomas) (Entered: 10/26/2018) (0) |
| Oct 24, 2018 | 102 | AMENDED ANSWER , DEFENSES, and AMENDED COUNTERCLAIM to Amended Complaint/Petition 37 filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Elliott, Kyle) (Entered: 10/24/2018) (0) |
| Oct 24, 2018 | N/A | (DUPLICATE ENTRY) SECOND AMENDED COUNTERCLAIMS against Counterdefendant Sleep Number Corporation; amending First Amended Counterclaims 75 ; with JURY DEMAND filed by Defendant and Counterclaimant Sizewise Rentals LLC. (Second Amended Answer and Second Amended Counterclaims filed as one document, see document number 102) (gk) (Entered: 11/14/2018) (0) |
| Oct 22, 2018 | 101 | ORDER GRANTING Joint Motion to Extend Dates and Deadlines 99 by Judge Andre Birotte Jr that The following dates and deadlines shall apply in the above-captioned matters: The Final Pretrial Conference set for 10/25/2018 at 11:00 AM. Jury Trial set for 11/12/2019 at 8:30 AM. (SEE DOCUMENT FOR FURTHER INFORMATION). (jp) (Entered: 10/23/2018) (4) |
| Oct 18, 2018 | 100 | NOTICE OF MOTION AND MOTION for Protective Order for Under Rule 26(c) Related to Third-Party Subpoenas filed by Plaintiff Sleep Number Corporation. Motion set for hearing on 11/20/2018 at 10:00 AM before Magistrate Judge Sheri Pym. (Attachments: # 1 Declaration of Elizabeth Patton in Support of Motion for Protective Order, # 2 Exhibit 1 to Declaration of Elizabeth Patton, # 3 Exhibit 2 to Declaration of Elizabeth Patton, # 4 Exhibit 3 to Declaration of Elizabeth Patton, # 5 Exhibit 4 to Declaration of Elizabeth Patton, # 6 Exhibit 5 to Declaration of Elizabeth Patton, # 7 Exhibit 6 to Declaration of Elizabeth Patton, # 8 Exhibit 7 to Declaration of Elizabeth Patton, # 9 Exhibit 8 to Declaration of Elizabeth Patton, # 10 Proposed Order Granting Motion for Protective Order)(Puri, Asheesh) (Entered: 10/18/2018) (0) |
| Oct 11, 2018 | 99 | Joint NOTICE OF MOTION AND MOTION to Reschedule Dates and Deadlines for Local Patent Rules and Pretrial Dates and Deadlines 77 filed by Defendant Sizewise Rentals LLC. Motion set for hearing on 10/19/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Memorandum in Support of Joint Motion to Extend Dates and Deadlines, # 2 Proposed Order) (Elliott, Kyle) (Entered: 10/11/2018) (0) |
| Oct 3, 2018 | 97 | ORDER DENYING DEFENDANTS' EX PARTE APPLICATIONS FOR LEAVE TO FILE LIMITED SUR-REPLIES IN OPPOSITION TO PLAINTIFF'S MOTIONS TO DISMISS 92 by Judge Andre Birotte Jr. (gk) (Entered: 10/03/2018) (1) |
| Oct 3, 2018 | 98 | MINUTES (IN CHAMBERS) Order GRANTING Motions to Dismiss by Judge Andre Birotte Jr.: Before the Court are Plaintiff Sleep Number Corporation's Motions to Dismiss Counterclaims III and IV and to Strike Tenth Affirmative Defense (CV 18-00356 AB (SPx), Dkt. No. 80 ; CV 18-00357 AB (SPx), Dkt. No. 86). Plaintiffs' Motions are GRANTED WITH LEAVE TO AMEND. Defendants may file second amended Answers and Counterclaims within 21 days of the issuance of this order. If the parties anticipate that another motion challenging the sufficiency of the Answers and Counterclaims may be filed, the Court urges the parties to meet and confer in earnest so that the grounds can at least be narrowed. Court Reporter: N/A. (gk) (Entered: 10/03/2018) (4) |
| Sep 28, 2018 | 95 | REFUND OF $325.00 made payable on 09/28/2018 to Nicole Cunningham for payment made on 02/26/2018 Re: REQUEST for Refund of Fees Paid Re: APPLICATION of Non-Resident Attorney Elizabeth A. Patton to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21315551) 13 49 . (rdj) (Entered: 09/28/2018) (1) |
| Sep 28, 2018 | 96 | REFUND OF $325.00 made payable on 09/28/2018 to Nicole Cunningham for payment made on 02/27/2018 Re: REQUEST for Refund of Fees Paid Re: APPLICATION of Non-Resident Attorney Kecia J. Reynolds to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21320527) 16 50 . (rdj) (Entered: 09/28/2018) (1) |
| Sep 26, 2018 | 94 | (IN CHAMBERS) ORDER TAKING PLAINTIFF'S MOTION TO DISMISS DEFENDANTS' COUNTERCLAIMS III AND IV AND TO STRIKE DEFENDANTS' TENTH AFFIRMATIVE DEFENSE (DKT. 80 ) UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court has considered the matters raised with respect to the Motion and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on September 28, 2018, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 09/26/2018) (0) |
| Sep 25, 2018 | 93 | Opposition re: EX PARTE APPLICATION to FILE LIMITED SURREPLY IN OPPOSITION TO PLAINTIFFS MOTION TO DISMISS 92 filed by Plaintiff Sleep Number Corporation. (Puri, Asheesh) (Entered: 09/25/2018) (6) |
| Sep 24, 2018 | 92 | EX PARTE APPLICATION to FILE LIMITED SURREPLY IN OPPOSITION TO PLAINTIFFS MOTION TO DISMISS filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Exhibit Defendants' Surreply in Opposition to Plaintiffs Motion to Dismiss, # 2 Proposed Order Granting Defendants' Ex Parte Application for Leave) (Elliott, Kyle) (Entered: 09/24/2018) (0) |
| Sep 14, 2018 | 91 | REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss Defendants' Counterclaims III and IV And to Strike Defendants' Tenth Affirmative Defense 80 filed by Plaintiff Sleep Number Corporation. (Puri, Asheesh) (Entered: 09/14/2018) (22) |
| Sep 11, 2018 | 90 | ORDER GRANTING STIPULATION REGARDING SOURCE CODE INSPECTION AND SUPPLEMENTING INFRINGEMENT AND INVALIDITY CONTENTIONS 88 by Judge Andre Birotte Jr. See Stipulation for details. (gk) (Entered: 09/12/2018) (2) |
| Sep 7, 2018 | 89 | DEFENDANT'S OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Defendants' Counterclaims III and IV And to Strike Defendants' Tenth Affirmative Defense 80 filed by Defendant Sizewise Rentals LLC, Counter Claimant Sizewise Rentals LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Elliott, Kyle) (Entered: 09/07/2018) (0) |
| Sep 6, 2018 | 88 | STIPULATION for Order Regarding Source Code Inspection and Supplementing Infringement and Invalidity Contentions filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Proposed Order Granting Stipulation)(Puri, Asheesh) (Entered: 09/06/2018) (0) |
| Aug 31, 2018 | 87 | ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Lukas D. Toft to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation, designating Ashe P. Puri as local counsel 85 . (gk) (Entered: 08/31/2018) (1) |
| Aug 30, 2018 | 86 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Pro Hac Vice Application filed 8/28/2018 81 . The document is stricken. (gk) (Entered: 08/31/2018) (1) |
| Aug 29, 2018 | 83 | Joint STIPULATION for Discovery as to USITC Investigation No. 337-TA-971 Production filed by Defendant Sizewise Rentals LLC.(Hare, Jaspal) (Entered: 08/29/2018) (5) |
| Aug 29, 2018 | 84 | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Lukas D. Toft to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22329541) 81 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. No signature on Application. Local counsel failed to sign the application. Staff signed. See LR 11-1. See Instructions for Applicants (1) (G-64). (lt) (Entered: 08/29/2018) (1) |
| Aug 29, 2018 | 85 | APPLICATION of Non-Resident Attorney Lukas D. Toft to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - $400.00 Previously Paid on 8/28/2018, Receipt No. 26BTILGM) filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Proposed Order On Application of Non-Resident Attorney to Appear In A Specific Case Pro Hac Vice) (Puri, Asheesh) (Entered: 08/29/2018) (0) |
| Aug 28, 2018 | 81 | * STRICKEN * APPLICATION of Non-Resident Attorney Lukas D. Toft to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22329541) filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Proposed Order On Application of Non-Resident Attorney to Appear In A Specific Case Pro Hac Vice) (Puri, Asheesh) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 8/30/2018 86 ** Modified on 8/31/2018 (gk). (Entered: 08/28/2018) (0) |
| Aug 28, 2018 | 82 | (IN CHAMBERS) ORDER DENYING AS MOOT PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S COUNTERCLAIM III AND TO STRIKE DEFENDANT'S TENTH AFFIRMATIVE DEFENSE (Dkt. No. 72 ) by Judge Andre Birotte Jr.: In light of Defendant Sizewise Rental LLC's First Amended Answer, Defenses, and Counterclaims to Plaintiff's First Amended Complaint (Dkt. No. 75), Plaintiff's Motion to Dismiss is DENIED as MOOT and the hearing scheduled for Friday, August 31, 2018, is vacated. IT IS SO ORDERED. (cb) (Entered: 08/28/2018) (0) |
| Aug 24, 2018 | 79 | ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Andre Birotte Jr: granting 78 Non-Resident Attorney Kevin S Tuttle APPLICATION to Appear Pro Hac Vice on behalf of Sizewise Rentals LLC, designating Thomas J Daly as local counsel. (lom) (Entered: 08/24/2018) (1) |
| Aug 24, 2018 | 80 | NOTICE OF MOTION AND MOTION to Dismiss Defendants' Counterclaims III and IV And to Strike Defendants' Tenth Affirmative Defense filed by Plaintiff Sleep Number Corporation. Motion set for hearing on 9/28/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion to Dismiss, # 2 Proposed Order Granting Plaintiff's Motion to Dismiss) (Puri, Asheesh) (Entered: 08/24/2018) (0) |
| Aug 21, 2018 | 78 | Corrected APPLICATION of Non-Resident Attorney Kevin S. Tuttle to Appear Pro Hac Vice on behalf of Defendant Sizewise Rentals LLC, Counter Claimant Sizewise Rentals LLC (Pro Hac Vice Fee - $400 Previously Paid on 7/25/2018, Receipt No. 0973-22144893) filed by Defendant and Counterclaim-Plaintiff Sizewise Rentals LLC. (Attachments: # 1 Proposed Order) (Daly, Thomas) (Entered: 08/21/2018) (0) |
| Aug 14, 2018 | 76 | ORDER RE JURY/COURT TRIAL: I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Jury Trial set for 10/15/2019 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference set for 9/27/2019 11:00 AM before Judge Andre Birotte Jr. Last Date to Hear Motion to Amend Pleadings/Add Parties 3/1/2019. Non-Expert Discovery cut-off 4/19/2019. Last Date to Hear Motions 8/2/2019. Deadline to Complete Settlement Conference 8/16/2019. Trial Filings (first round): Motions In Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List, Joint Status Report Regarding Settlement due by 8/30/2019. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 9/13/2019. See document for further details. (gk) (Entered: 08/15/2018) (18) |
| Aug 14, 2018 | 77 | ORDER GRANTING STIPULATED PROPOSED LOCAL PATENT RULES AND PRETRIAL DATES AND DEADLINES by Judge Andre Birotte Jr.: The Stipulated Proposed Local Patent Rules and Pretrial Dates and Deadlines 67 is GRANTED. The Court adopts the Local Patent Rules for the Eastern District of Texas in this case, with the specific dates and deadlines listed in this Order. Deadline to File Joint Claim Construction and Prehearing Statement 12/28/2018. Deadline to Complete Claim Construction Discovery 1/25/2019. Deadline to File Opening Claim Construction Brief 2/8/2019. See document for further details. (gk) (Entered: 08/15/2018) (3) |
| Aug 10, 2018 | 75 | AMENDED ANSWER and AMENDED COUNTERCLAIM to Amended Complaint/Petition 37 filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Elliott, Kyle) (Entered: 08/10/2018) (0) |
| Aug 10, 2018 | N/A | (DUPLICATE ENTRY) FIRST AMENDED COUNTERCLAIMS against Counterdefendant Sleep Number Corporation; amending Counterclaims 66 ; with JURY DEMAND filed by Defendant and Counterclaimant Sizewise Rentals LLC. (First Amended Answer and First Amended Counterclaims filed as one document, see document number 75)(gk) (Entered: 11/14/2018) (0) |
| Aug 8, 2018 | 74 | ORDER by Magistrate Judge Sheri Pym GRANTING Stipulated Protective Order 69 . (kca) (Entered: 08/09/2018) (1) |
| Aug 1, 2018 | 72 | NOTICE OF MOTION AND MOTION to Dismiss Defendant's Counterclaim III And To Strike Defendant's Tenth Affirmative Defense filed by Plaintiff Sleep Number Corporation. Motion set for hearing on 8/31/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Memorandum of Points and Authorities In Support of Motion to Dismiss Defendant's Counterclaim III And to Strike Defendant's Tenth Affirmative Defense, # 2 Proposed Order Granting Plaintiff's Motion to Dismiss) (Puri, Asheesh) (Entered: 08/01/2018) (0) |
| Aug 1, 2018 | 73 | RESPONSE filed by Plaintiff Sleep Number Corporationto Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, 66 Plaintiff's Answer to Defendant's Counterclaims (Puri, Asheesh) (Entered: 08/01/2018) (10) |
| Jul 26, 2018 | 71 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: APPLICATION of Non-Resident Attorney Kevin S. Tuttle to Appear Pro Hac Vice on behalf of Defendant Sizewise Rentals LLC, Counter Claimant Sizewise Rentals LLC filed 7/25/2018 68 . The document is stricken. Upon refiling, counsel shall email a Word version of the Proposed Order to the chambers email address. (gk) (Entered: 07/26/2018) (1) |
| Jul 25, 2018 | 68 | * STRICKEN * APPLICATION of Non-Resident Attorney Kevin S. Tuttle to Appear Pro Hac Vice on behalf of Defendant Sizewise Rentals LLC, Counter Claimant Sizewise Rentals LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22144893) filed by Plaintiff and Counterclaim-Defendant Sizewise Rentals LLC. (Attachments: # 1 Proposed Order) (Daly, Thomas) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 7/26/2018 71 ** Modified on 7/26/2018 (gk). (Entered: 07/25/2018) (0) |
| Jul 25, 2018 | 69 | STIPULATION for Protective Order filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Proposed Order Granting Stipulated Protective Order)(Puri, Asheesh) (Entered: 07/25/2018) (0) |
| Jul 25, 2018 | 70 | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Kevin S. Tuttle to Appear Pro Hac Vice on behalf of Defendant Sizewise Rentals LLC, Counter Claimant Sizewise Rentals LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22144893) 68 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (lt) (Entered: 07/25/2018) (1) |
| Jul 13, 2018 | 67 | STIPULATION for Order For Proposed Local Patent Rules and Pretrial Dates and Deadlines filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Proposed Order Granting Stipulation for Proposed Local Patent Rules and Pretrial Dates and Deadlines)(Puri, Asheesh) (Entered: 07/13/2018) (0) |
| Jul 11, 2018 | 66 | ANSWER to Amended Complaint/Petition 37 with JURY DEMAND, DEFENSES, COUNTERCLAIM against Sleep Number Corporation filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5)(Elliott, Kyle) (Entered: 07/11/2018) (0) |
| Jul 6, 2018 | 65 | MINUTES OF Scheduling Conference held before Judge Andre Birotte Jr.: The Court hereby sets a trial date of 10/15/2019 08:30 AM before Judge Andre Birotte Jr. By not later than 7/13/2018, the parties are to submit a stipulated proposed schedule of pretrial dates and deadlines. Order re Jury Trial to issue. The parties are not to exceed 15 depositions without prior authorization from the Court. Court Reporter: Chia Mei Jui. (gk) (Entered: 07/09/2018) (1) |
| Jul 5, 2018 | 63 | Notice of Appearance or Withdrawal of Counsel: for attorney Thomas James Daly counsel for Defendant Sizewise Rentals LLC. Adding Thomas J. Daly as counsel of record for Sizewise Rentals LLC for the reason indicated in the G-123 Notice. Filed by Defendant Sizewise Rentals LLC. (Attorney Thomas James Daly added to party Sizewise Rentals LLC(pty:dft))(Daly, Thomas) (Entered: 07/05/2018) (2) |
| Jul 5, 2018 | 64 | Notice of Appearance or Withdrawal of Counsel: for attorney Steven Andrew Wilson counsel for Defendant Sizewise Rentals LLC. Adding Steven Andrew Wilson as counsel of record for Sizewise Rentals LLC for the reason indicated in the G-123 Notice. Filed by Defendant Sizewise Rentals LLC. (Attorney Steven Andrew Wilson added to party Sizewise Rentals LLC(pty:dft))(Wilson, Steven) (Entered: 07/05/2018) (2) |
| Jun 26, 2018 | 61 | ORDER DENYING DEFENDANTS' MOTIONS FOR COSTS PURSUANT TO FRCP 41(d) AND STAYING CASE UNTIL PAYMENT IS MADE 45 by Judge Andre Birotte Jr. See document for details. (gk) (Entered: 06/27/2018) (7) |
| Jun 26, 2018 | 62 | ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS FIRST AMENDED COMPLAINT 43 by Judge Andre Birotte Jr.: The Motions to Dismiss are GRANTED as to the following claims only: (1) For willful patent infringement under 35 U.S.C. Section 284 as to the '154 and '747 patents; (2) For attorneys' fees under 35 U.S.C. Section 285. The Motions are otherwise DENIED. The Court will require the parties to abide by a set of Patent Local Rules. This Court does not have a preferred set of Patent Local Rules but instead will require the parties to stipulate to the Patent Local Rules that will best suit this case. The Court recommends the parties review the Patent Local Rules from the Northern District of California, the Eastern District of Texas, and those issued by Judge Guilford in the Central District of California, as those have been applied in the past. The parties are ORDERED to meet and confer on selecting Patent Local Rules, and ideally stipulate to a set. They must address their preference in their Rule 26 Joint Report filed in preparation for the Scheduling Conference, and therewith file any additional proposed dates required by their selected Patent Local Rules. (gk) (Entered: 06/27/2018) (14) |
| Jun 22, 2018 | 60 | JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 12-14 days, filed by Plaintiff Sleep Number Corporation.. (Attachments: # 1 Exhibit A)(Puri, Asheesh) (Entered: 06/22/2018) (0) |
| Jun 14, 2018 | 59 | SCHEDULING NOTICE by Judge Andre Birotte Jr. (IN CHAMBERS) ORDER TAKING 1) DEFENDANT'S MOTION TO DISMISS FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM 43 ; 2) DEFENDANT'S MOTION FOR COSTS PURSUANT TO FRCP 41(d) AND STAYING CASE UNTIL PAYMENT IS MADE 45 UNDER SUBMISSION by Judge Andre Birotte Jr. The Court has considered the matters raised with respect to the Motion(s) and has concluded that pursuant to Local Rule 7.15, the matter(s) can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on Friday, June 15, 2018 will be taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY (Entered: 06/14/2018) (0) |
| Jun 8, 2018 | 58 | RESPONSE filed by Plaintiff Sleep Number Corporationto Motion Related Document, 53 Notice of New Authority Related to Motion to Dismiss (Puri, Asheesh) (Entered: 06/08/2018) (3) |
| May 29, 2018 | 56 | REFUND OF $325.00 made payable on 05/29/2018 to Nicole Cunningham for payment made on 02/26/2018 Re: REQUEST for Refund of Fees Paid Re: APPLICATION of Non-Resident Attorney Andrew S. Hansen to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21315670) 14 47 . (rdj) (Entered: 05/29/2018) (1) |
| May 29, 2018 | 57 | REFUND OF $325.00 made payable on 05/29/2018 to Nicole Cunningham for payment made on 02/26/2018 Re: REQUEST for Refund of Fees Paid Re: APPLICATION of Non-Resident Attorney Archana Nath to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21315727) 15 48 . (rdj) (Entered: 05/29/2018) (1) |
| May 14, 2018 | 55 | (IN CHAMBERS) ORDER CONTINUING DEFENDANT'S MOTION FOR COSTS PURSUANT TO FRCP 41(d) AND STAYING CASE UNTIL PAYMENT IS MADE 45 by Judge Andre Birotte Jr. This Court, on its own motion, hereby continues the motion hearing date from May 18, 2018, to Friday, June 15, 2018, at 10:00 AM before Judge Andre Birotte Jr. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 05/14/2018) (0) |
| May 4, 2018 | 54 | REPLY In Support of NOTICE OF MOTION AND MOTION to Stay Case pending PAYMENT OF COSTS PURSUANT TO FRCP 41(D) AND STAYING UNTIL PAYMENT IS MADE 45 filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Exhibit A)(Elliott, Kyle) (Entered: 05/04/2018) (0) |
| May 3, 2018 | 53 | DEFENDANT SIZEWISE RENTALS, LLC'S NOTICE OF NEW AUTHORITY RELATED TO MOTION TO DISMISS (D.I. 43) re Renewed NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim 43 filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Elliott, Kyle) (Entered: 05/03/2018) (0) |
| May 2, 2018 | 52 | (IN CHAMBERS) ORDER CONTINUING DEFENDANT'S MOTION TO DISMISS FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM 43 by Judge Andre Birotte Jr. This Court, on its own motion, hereby continues the motion hearing date from May 4, 2018, to Friday, June 15, 2018, at 10:00 AM before Judge Andre Birotte Jr. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 05/02/2018) (0) |
| Apr 27, 2018 | 51 | OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case pending PAYMENT OF COSTS PURSUANT TO FRCP 41(D) AND STAYING UNTIL PAYMENT IS MADE 45 filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Declaration of Amy E. LaValle, # 2 Declaration of Elizabeth A. Patton, # 3 Exhibit 1 to Patton Declaration)(Puri, Asheesh) (Entered: 04/27/2018) (0) |
| Apr 23, 2018 | 47 | REQUEST for Refund of Fees Paid Re: APPLICATION of Non-Resident Attorney Andrew S. Hansen to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21315670) 14 filed by Plaintiff Sleep Number Corporation. (Cunningham, Nicole) (Entered: 04/23/2018) (1) |
| Apr 23, 2018 | 48 | REQUEST for Refund of Fees Paid Re: APPLICATION of Non-Resident Attorney Archana Nath to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21315727) 15 filed by Plaintiff Sleep Number Corporation. (Cunningham, Nicole) (Entered: 04/23/2018) (1) |
| Apr 23, 2018 | 49 | REQUEST for Refund of Fees Paid Re: APPLICATION of Non-Resident Attorney Elizabeth A. Patton to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21315551) 13 filed by Plaintiff Sleep Number Corporation. (Cunningham, Nicole) (Entered: 04/23/2018) (1) |
| Apr 23, 2018 | 50 | REQUEST for Refund of Fees Paid Re: APPLICATION of Non-Resident Attorney Kecia J. Reynolds to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21320527) 16 filed by Plaintiff Sleep Number Corporation. (Cunningham, Nicole) (Entered: 04/23/2018) (1) |
| Apr 20, 2018 | 46 | REPLY in support of Renewed NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim 43 and in Response to Plaintiff's Opposition 44 filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Exhibit Ex. A (Wongab Complaint and Exs.), # 2 Exhibit Ex. B (Dexcom Complaint and Exs.))(Hare, Jaspal) (Entered: 04/20/2018) (0) |
| Apr 16, 2018 | 45 | NOTICE OF MOTION AND MOTION to Stay Case pending PAYMENT OF COSTS PURSUANT TO FRCP 41(D) AND STAYING UNTIL PAYMENT IS MADE filed by Defendant Sizewise Rentals LLC. Motion set for hearing on 5/18/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Memorandum OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS MOTION FOR COSTS PURSUANT TO FRCP 41(D) AND STAYING CASE UNTIL PAYMENT IS MADE, # 2 Declaration OF KYLE L. ELLIOTT, # 3 Exhibit A to Declaration, # 4 Exhibit B to Declaration, # 5 Exhibit C to Declaration, # 6 Exhibit D to Declaration, # 7 Exhibit E to Declaration, # 8 Exhibit F to Declaration, # 9 Exhibit G to Declaration, # 10 Exhibit H to Declaration, # 11 Exhibit I to Declaration, # 12 Exhibit J to Declaration, # 13 Exhibit K to Declaration, # 14 Exhibit L to Declaration, # 15 Exhibit M to Declaration, # 16 Exhibit N to Declaration, # 17 Proposed Order Granting Defendant's Motion for Costs Pursuant to FRCP 41(d) and Staying Case) (Elliott, Kyle) (Entered: 04/16/2018) (0) |
| Apr 13, 2018 | 44 | OPPOSITION re: Renewed NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim 43 filed by Plaintiff Sleep Number Corporation. (Puri, Asheesh) (Entered: 04/13/2018) (28) |
| Apr 6, 2018 | 43 | Renewed NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim filed by Defendant Sizewise Rentals LLC. Motion set for hearing on 5/4/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Memorandum Memorandum, # 2 Proposed Order Proposed Order) (Hare, Jaspal) (Entered: 04/06/2018) (0) |
| Mar 26, 2018 | 39 | (IN CHAMBERS) ORDER DEEMING DEFENDANT'S MOTION TO DISMISS AS MOOT (Dkt. No. 34) by Judge Andre Birotte Jr.: In light of the First Amended Complaint (Dkt. No. 37), Defendant's Motion to Dismiss is DENIED as MOOT, and the hearing scheduled for April 13, 2018, is hereby VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 03/26/2018) (0) |
| Mar 26, 2018 | 40 | NOTICE of Appearance filed by attorney Jaspal Singh Hare on behalf of Defendant Sizewise Rentals LLC (Attorney Jaspal Singh Hare added to party Sizewise Rentals LLC(pty:dft))(Hare, Jaspal) (Entered: 03/26/2018) (2) |
| Mar 26, 2018 | 41 | CORPORATE DISCLOSURE STATEMENT Notice of Interested Parties filed by Defendant Sizewise Rentals LLC (Elliott, Kyle) (Entered: 03/26/2018) (2) |
| Mar 26, 2018 | 42 | CORPORATE DISCLOSURE STATEMENT filed by Defendant Sizewise Rentals LLC (Elliott, Kyle) (Entered: 03/26/2018) (2) |
| Mar 23, 2018 | 36 | ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 7/6/2018 at 10:00 AM before Judge Andre Birotte Jr. (cb) (Entered: 03/23/2018) (7) |
| Mar 23, 2018 | 37 | FIRST AMENDED COMPLAINT against Defendant Sizewise Rentals LLC amending Complaint (Attorney Civil Case Opening), 1 , filed by Plaintiff Sleep Number Corporation (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Puri, Asheesh) (Entered: 03/23/2018) (0) |
| Mar 23, 2018 | 38 | OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case For Failure to State a Claim 34 filed by Plaintiff Sleep Number Corporation. (Puri, Asheesh) (Entered: 03/23/2018) (3) |
| Mar 23, 2018 | 37 | Amended Complaint* (1) |
| Mar 16, 2018 | 35 | NOTICE OF ERRATA filed by Defendant Sizewise Rentals LLC. correcting Memorandum in Support of Motion, 33 to be Stricken (Elliott, Kyle) (Entered: 03/16/2018) (2) |
| Mar 15, 2018 | 33 | MEMORANDUM in Support OF DEFENDANTS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Sizewise Rentals LLC. (Attachments: # 1 Proposed Order GRANTING DEFENDANTS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM)(Attorney Kyle L Elliott added to party Sizewise Rentals LLC(pty:dft))(Elliott, Kyle) (Entered: 03/15/2018) (0) |
| Mar 15, 2018 | 34 | NOTICE OF MOTION AND MOTION to Dismiss Case For Failure to State a Claim filed by Defendant Sizewise Rentals LLC. Motion set for hearing on 4/13/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Memorandum IN SUPPORT OF DEFENDANTS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, # 2 Proposed Order GRANTING DEFENDANTS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM) (Elliott, Kyle) (Entered: 03/15/2018) (0) |
| Mar 6, 2018 | 29 | ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Andre Birotte Jr: granting 25 Non-Resident Attorney Elizabeth A Patton APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation, designating Ashe P Puri as local counsel. (jp) (Entered: 03/06/2018) (1) |
| Mar 6, 2018 | 30 | ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Andre Birotte Jr: granting 26 Non-Resident Attorney Kecia J Reynolds APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation, designating Ashe P Puri as local counsel. (jp) (Entered: 03/06/2018) (1) |
| Mar 6, 2018 | 31 | ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Andre Birotte Jr: granting 27 Non-Resident Attorney Archana Nath APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation, designating Ashe P Puri as local counsel. (jp) (Entered: 03/06/2018) (1) |
| Mar 6, 2018 | 32 | ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Andre Birotte Jr: granting 28 Non-Resident Attorney Andrew S Hansen APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation, designating Ashe P Puri as local counsel. (jp) (Entered: 03/06/2018) (1) |
| Mar 1, 2018 | 24 | PROOF OF SERVICE Executed by Plaintiff Sleep Number Corporation, upon Defendant Sizewise Rentals LLC served on 2/22/2018, answer due 3/15/2018. Service of the Summons and Complaint were executed upon Trisha Rosano, Service of Process Specialist at Registered Agent Solutions, Inc. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Puri, Asheesh) (Entered: 03/01/2018) (1) |
| Mar 1, 2018 | 25 | APPLICATION of Non-Resident Attorney Elizabeth A. Patton to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21340236) filed by Plaintiff Sleep Number Corporation. (Attachment s: # 1 Proposed Order On Application of Non-Resident Attorney to Appear In A Specific Case Pro Hac Vice) (Puri, Asheesh) (Entered: 03/01/2018) (0) |
| Mar 1, 2018 | 26 | APPLICATION of Non-Resident Attorney Kecia J. Reynolds to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21340359) filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Proposed Order On Application of Non-Resident Attorney to Appear In A Specific Case Pro Hac Vice) (Puri, Asheesh) (Entered: 03/01/2018) (0) |
| Mar 1, 2018 | 27 | APPLICATION of Non-Resident Attorney Archana Nath to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21340393) filed by Plaintiff Sleep Number Corporation. (Attachments: # ( 1) Proposed Order On Application of Non-Resident Attorney to Appear In A Specific Case Pro Hac Vice) (Puri, Asheesh) (Entered: 03/01/2018) (0) |
| Mar 1, 2018 | 28 | APPLICATION of Non-Resident Attorney Andrew S. Hansen to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21340430) filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Proposed Order On Application of Non-Resident Attorney to Appear In A Specific Case Pro Hac Vice) (Puri, Asheesh) (Entered: 03/01/2018) (0) |
| Feb 28, 2018 | 21 | STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) (Entered: 02/28/2018) (14) |
| Feb 28, 2018 | 22 | Notice of Appearance or Withdrawal of Counsel: for attorney Asheesh Paul Puri counsel for Plaintiff Sleep Number Corporation. Adding Ashe P. Puri as counsel of record for Sleep Number Corporation for the reason indicated in the G-123 Notice. Filed by Plaintiff Sleep Number Corporation. (Attorney Asheesh Paul Puri added to party Sleep Number Corporation(pty:pla))(Puri, Asheesh) (Entered: 02/28/2018) (2) |
| Feb 28, 2018 | 23 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Pro Hac Vice Applications filed 2/26/2018 13 , 14 , 15 , 16 . The documents are stricken. (gk) (Entered: 02/28/2018) (1) |
| Feb 27, 2018 | 16 | * STRICKEN * APPLICATION of Non-Resident Attorney Kecia J. Reynolds to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21320527) filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Proposed Order) (Cunningham, Nicole) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 2/28/2018 23 ** Modified on 2/28/2018 (gk). (Entered: 02/27/2018) (0) |
| Feb 27, 2018 | 17 | ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dean D. Pregerson. ORDER case returned to the Clerk for random reassignment pursuant to General Order 16-05. Case randomly reassigned from Judge Dean D. Pregerson to Judge Andre Birotte Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:18-cv-00356 AB(SPx). (rn) (Entered: 02/27/2018) (1) |
| Feb 27, 2018 | 18 | NOTICE of Related Case(s) filed by Plaintiff Sleep Number Corporation. Related Case(s): 5:18-cv-00357 (Cunningham, Nicole) (Entered: 02/27/2018) (3) |
| Feb 27, 2018 | 19 | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Elizabeth A. Patton to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21315551) 13 , APPLICATION of Non-Resident Attorney Andrew S. Hansen to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21315670) 14 , APPLICATION of Non-Resident Attorney Kecia J. Reynolds to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21320527) 16 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (lt) (Entered: 02/27/2018) (1) |
| Feb 27, 2018 | 20 | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Archana Nath to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21315727) 15 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (lt) (Entered: 02/27/2018) (1) |
| Feb 26, 2018 | 13 | * STRICKEN * APPLICATION of Non-Resident Attorney Elizabeth A. Patton to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21315551) filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Proposed Order) (Cunningham, Nicole) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 2/28/2018 23 ** Modified on 2/28/2018 (gk). (Entered: 02/26/2018) (0) |
| Feb 26, 2018 | 14 | * STRICKEN * APPLICATION of Non-Resident Attorney Andrew S. Hansen to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21315670) filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Proposed Order) (Cunningham, Nicole) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 2/28/2018 23 ** Modified on 2/28/2018 (gk). (Entered: 02/26/2018) (0) |
| Feb 26, 2018 | 15 | * STRICKEN * APPLICATION of Non-Resident Attorney Archana Nath to Appear Pro Hac Vice on behalf of Plaintiff Sleep Number Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21315727) filed by Plaintiff Sleep Number Corporation. (Attachments: # 1 Proposed Order) (Cunningham, Nicole) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 2/28/2018 23 ** Modified on 2/28/2018 (gk). (Entered: 02/26/2018) (0) |
| Feb 20, 2018 | 2 | CIVIL COVER SHEET filed by Plaintiff Sleep Number Corporation. (Cunningham, Nicole) (Entered: 02/20/2018) (3) |
| Feb 20, 2018 | 3 | Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff Sleep Number Corporation. (Cunningham, Nicole) (Entered: 02/20/2018) (2) |
| Feb 20, 2018 | 4 | Notice and CERTIFICATE of Interested Parties filed by Plaintiff Sleep Number Corporation, identifying Sleep Number Corporation. (Cunningham, Nicole) (Entered: 02/20/2018) (2) |
| Feb 20, 2018 | 5 | REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Sleep Number Corporation. (Cunningham, Nicole) (Entered: 02/20/2018) (1) |
| Feb 20, 2018 | 6 | NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Sheri Pym. (car) (Entered: 02/20/2018) (1) |
| Feb 20, 2018 | 7 | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 02/20/2018) (2) |
| Feb 20, 2018 | 8 | 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant Sizewise Rentals LLC. (car) (Entered: 02/20/2018) (2) |
| Feb 20, 2018 | 9 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kecia J. Reynolds. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 02/20/2018) (1) |
| Feb 20, 2018 | 10 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Andrew S. Hansen. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 02/20/2018) (1) |
| Feb 20, 2018 | 11 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Archana Nath. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 02/20/2018) (1) |
| Feb 20, 2018 | 12 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Elizabeth A. Patton. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 02/20/2018) (1) |
| Feb 20, 2018 | 1 | Complaint* (1) |
