Case number 2:21-cv-09327
Therabody, Inc. v. DJO, LLC et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Dec 15, 2022 | 58 | REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 Order) (aco) (Entered: 12/15/2022) (0) |
| Dec 15, 2022 | 57 | ORDER GRANTING JOINT STIPULATION DISMISSING CASE WITH PREJUDICE AND RETAINING JURISDICTION FOR ENFORCEMENT OF SETTLEMENT by Judge George H. Wu. It is hereby ORDERED that: 1. Pursuant to Fed. R. Civ. P. 41, all claims and counterclaims of the Parties asserted in this action are hereby dismissed with prejudice such that the entire action is dismissed with prejudice; 2. Each Party is responsible for its own attorney fees and costs with respect to this action; and, 3. This Court hereby retains jurisdiction for the limited purpose of enforcement of the settlement as between the Parties. RE: Stipulation to Dismiss Case, 56 . (Case Terminated. Made JS-6.) (aco) (Entered: 12/15/2022) (2) |
| Dec 13, 2022 | 56 | Joint STIPULATION to Dismiss Case pursuant to Fed. R. Civ. P. 41 filed by Plaintiff Therabody, Inc.. (Attachments: # 1 Proposed Order Granting Joint Stipulation Dismissing Case with Prejudice and Retaining Jurisdiction for Enforcement of Settlement)(Gerlt-Ferraro, Mariel) (Entered: 12/13/2022) (0) |
| Nov 7, 2022 | 55 | ORDER ON STIPULATED MOTION TO STAY PENDING DISMISSAL by Judge George H. Wu. IT IS HEREBY ORDERED THAT: As the parties have reported that this matter has settled in its entirety and that the parties expect to file a stipulation of dismissal by January 20, 2023, the Court hereby STAYS this case through and including January 20, 2023, and further the Court hereby CONTINUES the scheduled November 21, 2022 Show Cause Hearing to January 23, 2023 at 8:30 a.m.; granting 54 MOTION to Stay Case. (aco) (Entered: 11/08/2022) (2) |
| Nov 4, 2022 | 54 | Joint NOTICE OF MOTION AND MOTION to Stay Case pending Dismissal filed by Defendant DJO, LLC. (Attachments: # 1 Proposed Order) (Amon, Michael) (Entered: 11/04/2022) (0) |
| Sep 22, 2022 | 53 | ORDER ON JOINT NOTICE OF SETTLEMENT OF ENTIRE ACTION AND JOINT REQUEST TO VACATE PENDING DEADLINES by Judge George H. Wu. THE COURT, having considered the Joint Notice of Settlement of Entire Action and Joint Request to Vacate Pending Deadlines submitted pursuant to Local Rule 40-2 by Plaintiff Therabody, Inc. (Therabody or Plaintiff) and Defendant DJO, LLC, a Delaware LLC (DJO or Defendant), and good cause appearing therefrom, IT IS HEREBY ORDERED THAT: As the parties have reported that this matter has settled in its entirety and that a stipulation of dismissal will be filed within 60 days, all pending deadlines and all other scheduled dates, as set forth in this Courts August 3, 2022 Scheduling Order (Dkt. No. 49), are hereby vacated. The Court sets an order to show cause re settlement hearing for November 21, 2022 at 8:30 a.m. The Court hereby retains jurisdiction to enforce the terms of the settlement agreement as requested by the parties. IT IS SO ORDERED. (rolm) (Entered: 09/23/2022) (2) |
| Sep 19, 2022 | 52 | NOTICE of Settlement Joint Notice of Settlement of Entire Action and Joint Request to Vacate Pending Deadlines filed by Plaintiff Therabody, Inc.. (Attachments: # 1 Proposed Order on Joint Notice of Settlement of Entire Action and Joint Request to Vacate Pending Deadlines)(Gerlt-Ferraro, Mariel) (Entered: 09/19/2022) (0) |
| Sep 9, 2022 | 51 | SCHEDULING NOTICE TO ALL PARTIES by Magistrate Judge Gail J. Standish. The Settlement Conference scheduled for 9/13/2022 is hereby VACATED based on notice given to the clerk of pending settlement. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eq) TEXT ONLY ENTRY (Entered: 09/09/2022) (0) |
| Aug 15, 2022 | 50 | MINUTE ORDER (IN CHAMBERS) ORDER RE: SETTLEMENT CONFERENCE by Magistrate Judge Gail J. Standish: If the parties do not resolve this case on their own, the parties must appear for a settlement conference before the Hon. Gail J. Standish, via ZOOM on September 13, 2022 starting at 1:30 p.m. On or before September 6, 2022, each party will deliver to Judge Standish's chambers (by e-mail sent to GJS_Chambers@cacd.uscourts.gov) a confidential settlement conference letter. [See Order for details.] (es) (Entered: 08/15/2022) (2) |
| Aug 3, 2022 | 49 | MINUTES IN CHAMBERS - SCHEDULING ORDER by Judge George H. Wu. The August 4, 2022 scheduling conference is taken off-calendar and the Court adopts the dates set out in the Joint Report without any changes as follows: Exchange Rule 26(a)(1) disclosures August 4, 2022; Last Day to Amend Pleading or Add Parties September 2, 2022 (SEE DOCUMENT FOR ADDITIONAL DEADLINES AND DETAILS). (aco) (Entered: 08/03/2022) (2) |
| Aug 2, 2022 | 48 | TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Thursday's 08/04/2022 scheduling conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 08/02/2022) (0) |
| Aug 2, 2022 | 47 | SUPPLEMENT to Joint Report Rule 26(f) Discovery Plan 41 filed by Plaintiff Therabody, Inc., Counter Defendant Therabody, Inc.. (Gerlt-Ferraro, Mariel) (Entered: 08/02/2022) (6) |
| Jul 29, 2022 | 46 | MINUTES IN CHAMBERS-ORDER by Judge George H. Wu. The Court refers this matter to Magistrate Judge Standish for a mediation via zoom conferencing. The parties are to contact Judge Standish's CRD directly forthwith to set a date and time with completion by September 19. (aco) (Entered: 07/29/2022) (1) |
| Jul 28, 2022 | 45 | MINUTES OF TELEPHONIC SCHEDULING CONFERENCE held before Judge George H. Wu. The Court's Proposed Initial Schedule was issued on July 26, 2022 44 . Court and counsel discuss scheduling. For reasons stated on the record, the scheduling conference is continued to August 4, 2022 at 8:30 a.m. The parties are to file a joint scheduling report by noon on August 2, 2022. Court Reporter: Terri A. Hourigan. (aco) (Entered: 07/28/2022) (1) |
| Jul 26, 2022 | 44 | MINUTES IN CHAMBERS - PROPOSED INITIAL SCHEDULE by Judge George H. Wu. Attached hereto is the Court's Proposed Initial Schedule for the scheduling conference presently set for July 28, 2022 at 8:30 a.m. (aco) (Entered: 07/26/2022) (3) |
| Jul 25, 2022 | 43 | TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Thursday's 07/28/2022 scheduling conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 07/25/2022) (0) |
| Jul 21, 2022 | 42 | Reply and ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim 36 with JURY DEMAND filed by Plaintiff and Counter Defendant Therabody, Inc..(Gerlt-Ferraro, Mariel) (Entered: 07/21/2022) (15) |
| Jul 13, 2022 | 41 | JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7 days, filed by Plaintiff Therabody, Inc., Counter Defendant Therabody, Inc... (Attachments: # 1 Appendix A - CDCal-Guilford Standing Patent Rules)(Gerlt-Ferraro, Mariel) (Entered: 07/13/2022) (0) |
| Jul 11, 2022 | 40 | EXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The Court, on its own motion, CONTINUES the SCHEDULING CONFERENCE previously scheduled for 07/18/2022 to 7/28/2022 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 07/11/2022) (0) |
| Jul 6, 2022 | 39 | NOTICE of Appearance filed by attorney Matthew S Henderson on behalf of Plaintiff Therabody, Inc., Counter Defendant Therabody, Inc. (Attorney Matthew S Henderson added to party Therabody, Inc.(pty:pla), Attorney Matthew S Henderson added to party Therabody, Inc.(pty:cd))(Henderson, Matthew) (Entered: 07/06/2022) (2) |
| Jul 1, 2022 | 38 | ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge George H. Wu. The Court hereby orders that the request of Therabody, Inc. to substitute Attorney Mariel Alexandria G Gerlt-Ferraro is hereby GRANTED.; granting 37 REQUEST to Withdraw as Attorney. Added attorney Mariel Alexandria G Gerlt-Ferraro for Therabody, Inc. (aco) (Entered: 07/01/2022) (1) |
| Jun 30, 2022 | 37 | REQUEST of Gregory S. Cordrey to Withdraw as Attorney filed by Plaintiff Therabody, Inc.. (Attachments: # 1 Proposed Order) (Cordrey, Gregory) (Entered: 06/30/2022) (0) |
| Jun 16, 2022 | 36 | ANSWER to Amended Complaint/Petition, 26 with JURY DEMAND , COUNTERCLAIM against Therabody, Inc. filed by Defendant DJO, LLC.(Amon, Michael) (Entered: 06/16/2022) (30) |
| Jun 2, 2022 | 35 | MINUTES OF TELEPHONIC HEARING ON DEFENDANT DJO, LLC'S MOTION TO DISMISS UNDER FED. R. CIV. P. 12(b)(6) 27 Motion Hearing held before Judge George H. Wu. The Court's Tentative Ruling was issued on June 1, 2022 at 8:30 a.m. Oral argument is held. The Tentative Ruling is adopted as the Court's Final Ruling. The Court DENIES Defendant's Motion in its entirety. The Court sets a scheduling conference for July 18, 2022 at 8:30 a.m. The parties are to file a Rule 26(f) report by July 13, 2022; denying 27 MOTION to Dismiss Case. Court Reporter: Terri A. Hourigan. (aco) (Entered: 06/03/2022) (1) |
| Jun 1, 2022 | 34 | MINUTES IN CHAMBERS - TENTATIVE RULING ON DEFENDANT DJO, LLC'S MOTION TO DISMISS UNDER FED. R. CIV. P. 12(b)(6) 27 by Judge George H. Wu. Attached hereto is the Court's Tentative Ruling on Defendant's Motion to Dismiss 27 , set for hearing on June 2, 2022 at 3:00 p.m. (aco) (Entered: 06/01/2022) (7) |
| May 31, 2022 | 33 | TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The time to appear for the Motion Hearing 27 set for Thursday 06/02/2022 is changed from 8:30 a.m. to 3:00 p.m. Counsel are to appear telephonically by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 05/31/2022) (0) |
| May 26, 2022 | 32 | EX PARTE APPLICATION for Order for Sur-Reply in Opposition to Defendant DJO, LLC's Motion to Dismiss First Amended Complaint filed by Plaintiff Therabody, Inc.. (Attachments: # 1 Exhibit A - Proposed Sur-Reply, # 2 Proposed Order) (Cordrey, Gregory) (Entered: 05/26/2022) (0) |
| May 19, 2022 | 31 | REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case Under Fed. R. Civ. P. 12(b)(6) 27 filed by Defendant DJO, LLC. (Amon, Michael) (Entered: 05/19/2022) (20) |
| May 12, 2022 | 30 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Under Fed. R. Civ. P. 12(b)(6) 27 filed by Plaintiff Therabody, Inc.. (Attachments: # 1 Exhibit A - Cited Registrations, # 2 Proposed Order)(Cordrey, Gregory) (Entered: 05/12/2022) (0) |
| May 5, 2022 | 29 | CORPORATE DISCLOSURE STATEMENT filed by Defendant DJO, LLC identifying DJO Finance, LLC, which is a whollyowned subsidiary of DJO Global, Inc., which is a wholly-owned subsidiary of Motion Parent, Inc., which is a wholly-owned subsidiary of Enovis Corporation (f/k/a Colfax Corporation) as Corporate Parent. (Amon, Michael) (Entered: 05/05/2022) (2) |
| May 5, 2022 | 28 | NOTICE of Interested Parties filed by Defendant DJO, LLC, identifying DJO Finance, LLC; DJO Global, Inc.; Motion Parent, Inc.; and Enovis Corporation (f/k/a Colfax Corporation). (Amon, Michael) (Entered: 05/05/2022) (1) |
| May 5, 2022 | 27 | NOTICE OF MOTION AND MOTION to Dismiss Case Under Fed. R. Civ. P. 12(b)(6) filed by Defendant DJO, LLC. Motion set for hearing on 6/2/2022 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Michael A. Amon, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Proposed Order) (Amon, Michael) (Entered: 05/05/2022) (0) |
| Apr 5, 2022 | 26 | Amended Complaint* (1) |
| Dec 1, 2021 | 1 | Complaint* (1) |
| Dec 1, 2021 | 1 | COMPLAINT Receipt No: ACACDC-32409138 - Fee: $402, filed by Plaintiff Therabody, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (Attorney Gregory S. Cordrey added to party Therabody, Inc.(pty:pla))(Cordrey, Gregory) (Entered: 12/01/2021) (0) |
