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Case number 4:21-cv-07073

Social Positioning Input Systems v. Geozilla Inc. > Documents

Date Field Doc. No.Description (Pages)
Sep 14, 2021 5 Initial Case Management Scheduling Order with ADR Deadlines (2)
Docket Text: Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/14/2021. Initial Case Management Conference set for 12/21/2021 09:30 AM in San Jose, Courtroom 6, 4th Floor. (sfbS, COURT STAFF) (Filed on 9/14/2021) Filed & Entered: 09/21/2021 Electronic Filing Error Docket Text: Electronic filing error. Incorrect event used. [err101]This filing will not be processed by the clerks office.Please re-file in its entirety as Proposed Summons. Re:[6] Certificate of Service filed by Social Positioning Input Systems (sfbS, COURT STAFF) (Filed on 9/21/2021) 6 Filed & Entered: 09/21/2021 Certificate of Service Docket Text: CERTIFICATE OF SERVICE by Social Positioning Input Systems (Holloway, Brian) (Filed on 9/21/2021) 7 Filed & Entered: 09/21/2021 Proposed Summons Docket Text: Proposed Summons. (Holloway, Brian) (Filed on 9/21/2021) 8 Filed & Entered: 09/22/2021 Summons Issued Docket Text: Summons Issued as to Geozilla Inc. (sfbS, COURT STAFF) (Filed on 9/22/2021) 9 Filed & Entered: 09/28/2021 Clerk's Notice re: Consent or Declination Docket Text: CLERK'S NOTICE Re: Consent or Declination: Plaintiff(s) shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 10/12/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Filed on 9/28/2021) 10 Filed & Entered: 10/13/2021 Clerk's Notice re: Consent or Declination Docket Text: 2ND CLERK'S NOTICE Re: Consent or Declination: Plaintiff(s) shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 10/27/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Filed on 10/13/2021) 11 Filed & Entered: 10/28/2021 Clerk's Notice of Impending Reassignment - Text Only 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. (jhf, COURT STAFF) (Filed on 10/28/2021) 12 Filed & Entered: 10/29/2021 Order Reassigning Case Docket Text: ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Susan van Keulen no longer assigned to case. Signed by clerk on 10/29/2021. (sfb, COURT STAFF) (Filed on 10/29/2021) 13 Filed & Entered: 10/29/2021 Clerk's Notice Docket Text: CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for January 4, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by December 28th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:21-cv-07073-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 10/29/2021) 14 Filed & Entered: 11/12/2021Terminated: 12/13/2021 Motion for Miscellaneous Relief Docket Text: MOTION SubstituteService filed by Social Positioning Input Systems. Motion Hearing set for 11/18/2021 02:00 PM in Oakland, - To be determined before Judge Haywood S Gilliam Jr.. Responses due by 11/17/2021. Replies due by 11/17/2021. (Attachments: # (1) Declaration Declaration of Non-Service-Exhibit 1, # (2) Declaration Declaration of Non-Service Exhibit 2, # (3) Exhibit Geozilla Statement of No Information Change- Exhibit 3, # (4) Exhibit Geozilla Agent for Service of Process-Exhibit 4)(Holloway, Brian) (Filed on 11/12/2021) 15 Filed & Entered: 11/15/2021 Clerk's Notice Docket Text: CLERK'S NOTICE. Notice is hereby given that the briefing schedule and the hearing on the [14] EX PARTE APPLICATION AND MOTION FOR SUBSTITUTE SERVICE are vacated. The Court will review the filing and set a hearing date/time if he determines a hearing is necessary. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 11/15/2021) 16 Filed & Entered: 11/24/2021 Clerk's Notice Docket Text: CLERK'S NOTICE RE DOCKET NO. [13]. Notice is hereby given that the case management conference set January 4, 2022 for will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 11/24/2021) 17 Filed & Entered: 12/13/2021 Order on Motion for Miscellaneous Relief Docket Text: ORDER by Judge Haywood S. Gilliam, Jr.GRANTING [14] MOTION FOR SUBSTITUTE SERVICE. (ndr, COURT STAFF) (Filed on 12/13/2021) 18 Filed & Entered: 12/21/2021 Clerk's Notice Docket Text: CLERK'S NOTICE. Notice is hereby given that the Case Management Conference, previously set for January 4, 2022, is continued to January 18, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by January 11th. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 12/21/2021) 19 Filed & Entered: 01/14/2022 Clerk's Notice Docket Text: CLERK'S NOTICE. Notice is hereby given that the Case Management Conference, previously set for January 18, 2022, will be held on that date telephonically before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.),.(ndr, COURT STAFF) (Filed on 1/14/2022) 20 Filed: 01/18/2022 Entered: 01/21/2022 Case Management Conference - Initial Docket Text: Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Initial Case Management Conference held on 1/18/2022. Total Time in Court: 4 minutes. Not Reported. Plaintiff Attorney: Brian Holloway. Matter is continued to February 22, 2022 at 2 p.m. for a telephonic further case management conference.The February 22nd proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 1/18/2022) 21 Filed & Entered: 02/21/2022 Certificate of Service Docket Text: CERTIFICATE OF SERVICE by Social Positioning Input Systems (Holloway, Brian) (Filed on 2/21/2022) Filed & Entered: 02/22/2022 Electronic Filing Error Docket Text: Electronic filing error.Incorrect event used. [err101]Please re-file in its entirety as Summons Returned Executed. Re:[21] Certificate of Service filed by Social Positioning Input Systems (sfb, COURT STAFF) (Filed on 2/22/2022) 22 Filed & Entered: 02/22/2022 Clerk's Notice Docket Text: CLERK'S NOTICE RE DOCKET NO.[20]. Notice is hereby given that the Further Case Management Conference previously set for February 22, 2022 is continued to March 22, 2022 at 2:00 p.m. Given the ongoing COVID-19 pandemic, the parties will be advised closer to the hearing whether it will take place telephonically or in person. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bns, COURT STAFF) (Filed on 2/22/2022) Modified on 2/22/2022 (bns, COURT STAFF)to correct docket text. 23 Filed & Entered: 02/23/2022 Summons Returned Executed Docket Text: SUMMONS Returned Executed by Social Positioning Input Systems. Geozilla Inc. served on 2/14/2022, answer due 3/7/2022. (Holloway, Brian) (Filed on 2/23/2022) 24 Filed & Entered: 02/25/2022 Clerk's Notice Docket Text: CLERK'S NOTICE RE DOCKET NO. [22]. Notice is hereby given that the further case management conference previously set for March 22, 2022 will be held telephonically. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bns, COURT STAFF) (Filed on 2/25/2022) 25 Filed & Entered: 03/04/2022 Notice of Appearance Docket Text: NOTICE of Appearance by Jon Francis Cieslak (Cieslak, Jon) (Filed on 3/4/2022) 26 Filed & Entered: 03/04/2022 Stipulation Docket Text: STIPULATION to Extend Time to Respond to Complaint (Local Rule 6-1(a)) filed by Geozilla Inc.. (Cieslak, Jon) (Filed on 3/4/2022) 27 Filed & Entered: 03/07/2022 Clerk's Notice Docket Text: CLERK'S NOTICE. Notice is hereby given that the Further Case Management Conference previously set for March 22, 2022 at 2:00 p.m. is continued to April 19, 2022 at 2:00 p.m. Case Management Statement due by 4/12/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.),. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (bns, COURT STAFF) (Filed on 3/7/2022) Modified on 3/8/2022 (bns, COURT STAFF). 28 Filed & Entered: 04/06/2022Terminated: 07/07/2022 Motion to Dismiss Docket Text: MOTION to Dismiss for Failure to State a Claim Under Rule 12(b)(6) filed by Geozilla Inc.. Motion Hearing set for 6/2/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 4/20/2022. Replies due by 4/27/2022. (Attachments: # (1) Affidavit Darrin Blaine, # (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) Proposed Order)(Cieslak, Jon) (Filed on 4/6/2022) Filed: 04/07/2022 Entered: 04/13/2022 Set Motion and Deadlines/Hearings Docket Text: Set Hearing as to [28] MOTION to Dismiss for Failure to State a Claim Under Rule 12(b)(6), See Docket No. [30]: Motion Hearing set for 8/25/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 4/7/2022) 29 Filed & Entered: 04/07/2022 Clerk's Notice Docket Text: CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re-file the [28] motion to dismiss. Hearing date of June 2, 2022, is vacated. The briefing schedule remains in effect. Counsel is directed to check the Court's scheduling notes before re-noticing the motion for a new hearing date. June 2nd was not the Court's next available hearing date when this motion was e-filed. If counsel would like to request an earlier date, an administrative motion or a stipulation and proposed order should be e-filed after the motion is re-noticed. And if granted, the Court will advance the hearing date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 4/7/2022) 30 Filed & Entered: 04/07/2022 Notice (Other) Docket Text: NOTICE by Geozilla Inc. re [28] MOTION to Dismiss for Failure to State a Claim Under Rule 12(b)(6) (Re-Notice) (Cieslak, Jon) (Filed on 4/7/2022) 31 Filed & Entered: 04/12/2022 Case Management Statement Docket Text: CASE MANAGEMENT STATEMENT & [Proposed Order] filed by Geozilla Inc.. (Attachments: # (1) Declaration Jon Cieslak)(Cieslak, Jon) (Filed on 4/12/2022) 32 Filed & Entered: 04/12/2022 Certificate of Interested Entities Docket Text: Corporate Disclosure Statement by Geozilla Inc. (Cieslak, Jon) (Filed on 4/12/2022) 33 Filed & Entered: 04/14/2022 Clerk's Notice Docket Text: CLERK'S NOTICE. Notice is hereby given that the case management conference, previously set for April 19, 2022, is continued to, August 25, 2022 before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA to be held along with the hearing on the [28] motion to dismiss. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 4/14/2022) 34 Filed & Entered: 05/06/2022Terminated: 07/01/2022 Motion to Substitute Attorney PSP Docket Text: MOTION to Substitute Counsel by Brian Christopher Holloway (Holloway, Brian) (Filed on 5/6/2022) Modified on 5/20/2022 (sfb, COURT STAFF). Filed & Entered: 05/20/2022 Electronic Filing Error Docket Text: Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re:[34] Notice of Substitution of Counsel filed by Social Positioning Input Systems (sfb, COURT STAFF) (Filed on 5/20/2022) 35 Filed & Entered: 06/17/2022 Order Docket Text: ORDER by Hon. Haywood S. Gilliam, Jr. re Docket No. [34] Plaintiff's Motion to Substitute Counsel. Plaintiff is DIRECTED to submit the appropriate substitution of counsel form executed by the client and both sets of counsel by June 22, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2, COURT STAFF) (Filed on 6/17/2022) 36 Filed & Entered: 06/23/2022 Notice of Appearance Docket Text: NOTICE of Appearance by Stephen Michael Lobbin for Plaintiff (Lobbin, Stephen) (Filed on 6/23/2022) Filed: 07/01/2022 Entered: 07/05/2022 Set/Reset Deadlines Docket Text: Set Deadline, re Docket No. [37]: Show Cause Response due by 7/8/2022. (bns, COURT STAFF) (Filed on 7/1/2022) 37 Filed & Entered: 07/01/2022 Order on Motion to Substitute Attorney Docket Text: ORDER by Hon. Haywood S. Gilliam, Jr. The Court DIRECTED Plaintiff to submit the appropriate substitution of counsel form executed by the client and both sets of counsel by June 22, 2022. Dkt. No. 35. Plaintiff has not done so. The Court accordingly DENIES Docket No. [34] Plaintiff's Motion to Substitute Counsel. The Court also notes that an opposition to Defendant's pending motion to dismiss was due over two months ago on April 20, 2022. Dkt. No. 28. Plaintiff has not opposed the motion. Plaintiff is accordingly directed TO SHOW CAUSE why Defendant's motion to dismiss should not be granted for failure to file either a response to the motion by the April 20, 2022, deadline, or a statement of non-opposition as required by Civil L.R. 7-3(b), or, in the alternative, why the case should not be dismissed for failure to prosecute. Plaintiff shall file a statement of two pages or less by July 8, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2, COURT STAFF) (Filed on 7/1/2022) 38 Filed & Entered: 07/07/2022 Notice of Voluntary Dismissal Docket Text: NOTICE of Voluntary Dismissal by Social Positioning Input Systems (Lobbin, Stephen) (Filed on 7/7/2022)
Sep 13, 2021 1 Complaint (30)
Docket Text: COMPLAINT against Geozilla Inc. ( Filing fee $ 402, receipt number 0971-16383687.). Filed bySocial Positioning Input Systems. (Holloway, Brian) (Filed on 9/13/2021)
Sep 13, 2021 2 Civil Cover Sheet (2)
Docket Text: Civil Cover Sheet by Social Positioning Input Systems . (Holloway, Brian) (Filed on 9/13/2021)
Sep 13, 2021 3 Patent/Trademark Report (1)
Docket Text: REPORT on the filing or determination of an action regarding (cc: form mailed to register). (Holloway, Brian) (Filed on 9/13/2021)
Sep 13, 2021 N/A Case Assigned by Intake (0)
Docket Text: Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/27/2021. (bwS, COURT STAFF) (Filed on 9/13/2021)
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