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Case number 5:19-cv-00738

Wilson Sporting Goods Co. v. Monsta Athletics, LLC et al > Documents

Date Field Doc. No.Description (Pages)
Jan 12, 2021 119 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 Order Dismissing Case) (gk) (Entered: 01/12/2021) (0)
Jan 11, 2021 118 ORDER DISMISSING CASE PURSUANT TO F.R.C.P. 41 by Judge Andre Birotte Jr.: Upon Stipulation 117 , the Court hereby dismisses this action with prejudice pursuant to Federal Rule 41(a)(1)(A)(ii), with each party to bear its own fees and costs. ( Case Terminated. Made JS-6. ) (gk) (Entered: 01/12/2021) (1)
Jan 7, 2021 117 STIPULATION to Dismiss Case pursuant to FRCP 41 filed by Plaintiff Wilson Sporting Goods Co.(a Delaware corporation). (Attachments: # 1 Proposed Order Proposed Order Dismissing Case)(Yang, Oliver) (Entered: 01/07/2021) (0)
Sep 24, 2020 116 MINUTES (IN CHAMBERS) CLAIM CONSTRUCTION ORDER (DKTS. 105 , 106 , 107 , 108 ) by Judge Andre Birotte Jr.: Finding this matter suitable for resolution without oral argument, the Court VACATES the hearing set for 9/25/2020. The disputed terms are CONSTRUED as set forth in this Order. See document for details. Court Reporter: N/A. (gk) (Entered: 09/24/2020) (18)
Sep 21, 2020 115 OBJECTIONS to Wilson's Notice of Lodging filed by Defendants Monsta Athletics, LLC, Carl Pegnatori. (Abel, David) (Entered: 09/21/2020) (3)
Sep 18, 2020 113 NOTICE OF LODGING filed claim construction presentation re Text Only Scheduling Notice, 110 (Attachments: # 1 Exhibit Claim construction presentation)(Yang, Oliver) (Entered: 09/18/2020) (0)
Sep 18, 2020 114 SUPPLEMENT notice of lodging physical exhibit filed by Defendant Monsta Athletics, LLC. (Abel, David) (Entered: 09/18/2020) (3)
Sep 17, 2020 112 MINUTES OF Telephone Conference held before Magistrate Judge Michael R. Wilner. The Court conferred with the parties regarding the status of discovery. The parties will meet and confer and provide an update to the court on discovery. (vm) (Entered: 09/17/2020) (1)
Sep 11, 2020 111 SCHEDULING NOTICE by Magistrate Judge Michael R. Wilner. Telephone Conference set for September 17, 2020 at 10:00 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY (Entered: 09/11/2020) (0)
Sep 2, 2020 110 (IN CHAMBERS) ORDER CONTINUING MARKMAN HEARING by Judge Andre Birotte Jr. The Markman Hearing is CONTINUED from September 11, 2020 to September 25, 2020, 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: 09/02/2020) (0)
Aug 21, 2020 109 NOTICE OF LODGING filed Joint notice of lodging purusant to S.P.R. 3.5.1 through 3.5.3 re Statement, 104 (Attachments: # 1 Proposed Order Chart of parties' proposed constructions)(Yang, Oliver) (Entered: 08/21/2020) (0)
Aug 20, 2020 107 RESPONSE IN SUPPORT Wilson's Responsive Claim Construction Brief filed by Counter Defendants Wilson Sporting Goods Co., Wilson Sporting Goods Co., Wilson Sporting Goods Co., Wilson Sporting Goods Co., Wilson Sporting Goods Co., Plaintiff Wilson Sporting Goods Co.. (Attachments: # 1 Declaration Decl. of Oliver D Yang, # 2 Exhibit 4)(Yang, Oliver) (Entered: 08/20/2020) (0)
Aug 20, 2020 108 RESPONSE filed by Defendants Monsta Athletics, LLC, Carl Pegnatorito Brief (non-motion non-appeal) 105 (Attachments: # 1 Declaration (Supplemental) of David. B. Abel, # 2 Exhibit Nos. 10-13)(Zucker, Gregg) (Entered: 08/20/2020) (0)
Aug 5, 2020 105 BRIEF filed by PLAINTIFF Wilson Sporting Goods Co.(a Delaware corporation). OPENING CLAIM CONSTRUCTION BRIEF (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Yang, Oliver) (Entered: 08/05/2020) (0)
Aug 5, 2020 106 BRIEF filed by Defendants Monsta Athletics, LLC, Carl Pegnatori. In Support of Defendants' Claim Construction (Attachments: # 1 Declaration, # 2 Exhibit)(Zucker, Gregg) (Entered: 08/05/2020) (0)
Jul 29, 2020 104 STATEMENT JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT filed by Counter Defendants Wilson Sporting Goods Co., Wilson Sporting Goods Co., Wilson Sporting Goods Co., Wilson Sporting Goods Co., Wilson Sporting Goods Co., Plaintiff Wilson Sporting Goods Co. (Yang, Oliver) (Entered: 07/29/2020) (9)
Jun 24, 2020 103 MINUTES (IN CHAMBERS) Order GRANTING-IN-PART and DENYING-IN-PART Plaintiff's Rule 12(f) Motion to Strike Defendants' Seventh and Eighth Affirmative Defenses and Eighth Prayer for Relief by Judge Andre Birotte Jr.: Plaintiff's Motion 94 is GRANTED-IN-PART and DENIED-IN-PART. The Court STRIKES Defendants' eighth prayer for relief from its operative counterclaim. Court Reporter: N/A. (gk) (Entered: 06/25/2020) (6)
Jun 3, 2020 102 (IN CHAMBERS) ORDER TAKING PLAINTIFF'S RULE 12(F) MOTION TO STRIKE DEFENDANTS' AFFIRMATIVE DEFENSE (NOS. 7 AND 8) AND PRAYER FOR RELIEF (NO. 8) (DKT. 94 ) 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 June 5, 2020, 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: 06/03/2020) (0)
May 22, 2020 101 RESPONSE IN SUPPORT of to Strike 94 Reply Brief filed by Counter Defendants Wilson Sporting Goods Co., Wilson Sporting Goods Co., Wilson Sporting Goods Co., Wilson Sporting Goods Co., Wilson Sporting Goods Co., Plaintiff Wilson Sporting Goods Co.. (Yang, Oliver) (Entered: 05/22/2020) (12)
May 15, 2020 99 MINUTES (IN CHAMBERS) ORDER RE: DISCOVERY MOTION by Magistrate Judge Michael R. Wilner. For the reasons stated on the conference call with the parties, the remaining aspect of Monstas motion to compel is granted. (Docket # 66.)(See Minute Order for further details) 66 Motion to Compel (vm) (Entered: 05/15/2020) (1)
May 15, 2020 100 opposition opposition re: to Strike 94 Defenses filed by Defendant Monsta Athletics, LLC. (Abel, David) (Entered: 05/15/2020) (16)
May 8, 2020 98 SCHEDULING NOTICE by Magistrate Judge Michael R. Wilner. Telephone Conference set for May 15, 2020 at 9:00 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY (Entered: 05/08/2020) (0)
May 5, 2020 97 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Counterclaim, 94 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests > Strike. The filer docketed the Motion as an Answer to Counterclaim. Only a motion-type event will prompt the filer to place the matter on calendar, thus for this one time only, clerk shall convert the docketing event and set this motion for hearing on the noticed date of 6/5/2020 at 10:00 AM. 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. (gk) (Entered: 05/05/2020) (2)
May 4, 2020 94 NOTICE AND MOTION under Rule 12(f) ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, 91 rule 12 motion to strike defenses filed by Plaintiff Wilson Sporting Goods Co.. (Attachments: # 1 Proposed Order)(Yang, Oliver) Modified on 5/5/2020 (gk). (Entered: 05/04/2020) (0)
May 4, 2020 95 MEMORANDUM in Support of 94 Plaintiff's Rule 12(f) Motion filed by Plaintiff Wilson Sporting Goods Co.. (Yang, Oliver) (Entered: 05/04/2020) (12)
May 4, 2020 96 Plaintiff's answer to counterclaims ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, 91 filed by Plaintiff Wilson Sporting Goods Co.(a Delaware corporation).(Attorney Oliver D Yang added to party Wilson Sporting Goods Co.(pty:cd), Attorney Oliver D Yang added to party Wilson Sporting Goods Co.(pty:cd))(Yang, Oliver) (Entered: 05/04/2020) (9)
May 1, 2020 92 SUPPLEMENT Supplemental brief pursuant to April 10 discovery conference 85 filed by Plaintiff Wilson Sporting Goods Co.. (Yang, Oliver) (Entered: 05/01/2020) (10)
May 1, 2020 93 SUPPLEMENT to MOTION to Compel Further Responses to RFP and Interrogatories 66 filed by Defendants Monsta Athletics, LLC, Carl Pegnatori. (Attachments: # 1 Declaration, # 2 Exhibit)(Zucker, Gregg) (Entered: 05/01/2020) (0)
Apr 20, 2020 91 ANSWER to Amended Complaint/Petition 68 , Amended COUNTERCLAIM against Wilson Sporting Goods Co.(a Delaware corporation) filed by Defendants and Counterclaim Plaintiff Carl Pegnatori, Monsta Athletics, LLC(a California Limited Liability Company).(Zucker, Gregg) (Entered: 04/20/2020) (30)
Apr 17, 2020 90 ORDER RE STIPULATION FOR LEAVE TO AMEND ANSWER AND AMENDED COUNTERCLAIMS by Judge Andre Birotte Jr.: Upon Stipulation 84 , the Court hereby ORDERS that Defendants Monsta Athletics, LLC and Carl Pegnatori shall file an amended Answer and amended Counterclaims to the First Amended Complaint by 4/23/2020. (gk) (Entered: 04/17/2020) (2)
Apr 16, 2020 89 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Order for leave to amend 88 . The following error(s) was/were found: The filer used the event, Applications/Ex Parte Applications/Motions/Petitions/Requests > Order, for docketing this filing. The motion-type event creates an entry on the judge's motion report. For this one-time only, clerk shall remove this Proposed Order from the pending motion report. This document tendered for the judge's approval should have been submitted as a separate PDF attachment to a Notice of Lodging, Local Rule 5-4.4.1. 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. (gk) (Entered: 04/16/2020) (2)
Apr 15, 2020 88 REQUEST for Order for leave to amend filed by Defendant Monsta Athletics, LLC. (Abel, David) (Entered: 04/15/2020) (3)
Apr 14, 2020 86 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Leave 84 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. 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. (gk) (Entered: 04/14/2020) (1)
Apr 14, 2020 87 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Stipulation filed 4/13/2020 84 . Counsel shall immediately file a Proposed Order and email a Microsoft Word version of the Proposed Order to the chambers email address. (gk) (Entered: 04/14/2020) (1)
Apr 13, 2020 84 STIPULATION for Leave to Amend filed by Defendants and Counterclaim Plaintiff Monsta Athletics, LLC(a California Limited Liability Company), Carl Pegnatori.(Zucker, Gregg) (Entered: 04/13/2020) (4)
Apr 13, 2020 85 MINUTES OF Telephone Conference held before Magistrate Judge Michael R. Wilner. The Court conferred with the parties regarding the status of discovery. (vm) (Entered: 04/13/2020) (1)
Apr 9, 2020 83 ORDER GRANTING PARTIES' JOINT STIPULATION FOR CONTINUANCE OF DATES AND AMENDING SCHEDULE IN THIS MATTER by Judge Andre Birotte Jr.: Upon Stipulation 82 , the schedule is amended. Jury Trial set for 6/22/2021 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference and Hearing on Motions in Limine set for 6/4/2021 11:00 AM before Judge Andre Birotte Jr. Claims Construction Hearing 9/11/2020 at 10:00 AM. Discovery cut-off 2/15/2021. Last Date to Hear Motions 3/19/2021. Trial Filings (First Round) due by 5/14/2021. Trial Filings (Second Round) due by 5/21/2021. See document for further details. (gk) (Entered: 04/09/2020) (4)
Apr 7, 2020 82 STIPULATION to Continue Trial and Pre-Trial Deadlines from May 4, 2021 to June 20, 2021 Re: Order,,,, Set/Reset Deadlines/Hearings,,, 43 , Scheduling Order,,,, Set/Reset Deadlines/Hearings,,, 42 filed by Defendants and Counterclaim Plaintiff Monsta Athletics, LLC, Carl Pegnatori. (Attachments: # 1 Proposed Order)(Zucker, Gregg) (Entered: 04/07/2020) (0)
Apr 2, 2020 80 Notice of Appearance or Withdrawal of Counsel: for attorney Marty B Ready counsel for Plaintiff Wilson Sporting Goods Co.. Scott T. Tropio 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 Wilson Sporting Goods Co.. (Ready, Marty) (Entered: 04/02/2020) (4)
Apr 2, 2020 81 Notice of Appearance or Withdrawal of Counsel: for attorney Marty B Ready counsel for Plaintiff Wilson Sporting Goods Co.. Daniel Scott Hurwitz 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 Wilson Sporting Goods Co.. (Ready, Marty) (Entered: 04/02/2020) (4)
Mar 31, 2020 79 MINUTES OF Telephone Conference held before Magistrate Judge Michael R. Wilner. The Court conferred with the parties regarding the status of the case. The Court sets a further telephonic status conference on April 10, 2020, at 9:00 a.m. Court Recorder: XTR 3/31/2020. (vm) (Entered: 04/02/2020) (1)
Mar 27, 2020 78 MINUTE (IN CHAMBERS) TELEPHONE CONFERENCE UPDATE by Magistrate Judge Michael R. Wilner. (See Minute Order for details) (vm) (Entered: 03/27/2020) (1)
Mar 17, 2020 75 ANSWER to Amended Complaint/Petition 68 , COUNTERCLAIM against Wilson Sporting Goods Co. filed by Defendants and Counterclaim Plaintiff Carl Pegnatori, Monsta Athletics, LLC.(Zucker, Gregg) (Entered: 03/17/2020) (30)
Mar 17, 2020 76 MINUTE (IN CHAMBERS) TENTATIVE ORDER RE: DISCOVERY DISPUTE AND SETTING HEARING by Magistrate Judge Michael R. Wilner. The Court reviewed the parties submissions regarding the disputed interrogatories and document requests. (Docket # 66, 69, 70.) The Court sets the matter for hearing on Tuesday, March 31, at 9 a.m. (See Minute Order for further details) (vm) (Entered: 03/17/2020) (4)
Mar 16, 2020 77 ORDER by Judge Andre Birotte Jr: granting 73 Non-Resident Attorney Oliver D. Yang APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, Wilson Sporting Goods Co., designating Marty B. Ready as local counsel. (sbou) (Entered: 03/17/2020) (1)
Mar 12, 2020 74 MINUTES (IN CHAMBERS)ORDER DENYING DEFENDANT'S EX PARTE APPLICATION FOR "Relief from Unclarified Order"(Dkt. No 71 ) by Judge Andre Birotte Jr: Defendants have not stated the basis under those rules requiring a patent holder (or a patent challenger, for that matter) to seek leave to amend its contentions up until the deadline its final contentions are due. Defendants ex parte application is DENIED. IT IS SO ORDERED. (See minutes for further details) (yl) (Entered: 03/16/2020) (2)
Mar 11, 2020 73 APPLICATION of Non-Resident Attorney Oliver D. Yang to Appear Pro Hac Vice on behalf of Plaintiff Wilson Sporting Goods Co. (PHV fee of $400 paid.) filed by Plaintiff Wilson Sporting Goods Co.. (Attachments: # 1 Proposed Order) (Ready, Marty) (Entered: 03/11/2020) (0)
Mar 10, 2020 72 MEMORANDUM in Opposition to EX PARTE APPLICATION for Relief from Unclarified Order re Order on Motion to Strike,, 62 71 filed by Plaintiff Wilson Sporting Goods Co.. (Ready, Marty) (Entered: 03/10/2020) (5)
Mar 9, 2020 71 EX PARTE APPLICATION for Relief from Unclarified Order re Order on Motion to Strike,, 62 filed by Defendants and Counterclaimant Monsta Athletics, LLC, Carl Pegnatori. (Attachments: # 1 Declaration, # 2 Exhibit Nos. 1-4, # 3 Proposed Order) (Zucker, Gregg) (Entered: 03/09/2020) (0)
Mar 8, 2020 70 REPLY in support of MOTION to Compel Further Responses to RFP and Interrogatories 66 filed by Defendants Monsta Athletics, LLC, Carl Pegnatori, Counter Claimant Monsta Athletics, LLC. (Zucker, Gregg) (Entered: 03/08/2020) (3)
Mar 6, 2020 69 MEMORANDUM in Opposition to MOTION to Compel Further Responses to RFP and Interrogatories 66 filed by Plaintiff Wilson Sporting Goods Co.. (Attachments: # 1 Declaration)(Ready, Marty) (Entered: 03/06/2020) (0)
Mar 5, 2020 68 FIRST AMENDED COMPLAINT against Defendants Monsta Athletics, LLC, Carl Pegnatori amending Complaint (Attorney Civil Case Opening) 1 , filed by Plaintiff Wilson Sporting Goods Co.(Ready, Marty) (Entered: 03/05/2020) (8)
Mar 5, 2020 68 Amended Complaint* (1)
Mar 3, 2020 67 ORDER APPROVING JOINT STIPULATION TO ALLOW PLAINTIFF TO FILE A FIRST AMENDED COMPLAINT by Judge Andre Birotte Jr.: The Court hereby APPROVES the parties' Joint Stipulation 65 and leave of court is granted for Plaintiff/Counterclaim-Defendant Wilson Sporting Goods Co. to file its First Amended Complaint. Defendant/Counterclaim Plaintiffs Monsta Athletics, LLC and Defendant Carl Pegnatori have 21 days to respond from service of the First Amended Complaint. (gk) (Entered: 03/04/2020) (2)
Feb 28, 2020 66 NOTICE OF MOTION AND MOTION to Compel Further Responses to RFP and Interrogatories filed by Defendanst and Counterclaimant Monsta Athletics, LLC, Carl Pegnatori. (Attachments: # 1 Declaration Declaration of Gregg Zucker, # 2 Exhibit Exhibits 1-26, # 3 Proposed Order)(Attorney Gregg D Zucker added to party Monsta Athletics, LLC(pty:cc))(Zucker, Gregg) (Entered: 02/28/2020) (0)
Feb 27, 2020 65 Joint STIPULATION to AMEND Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Wilson Sporting Goods Co.. (Attachments: # 1 Proposed Order)(Ready, Marty) (Entered: 02/27/2020) (0)
Feb 21, 2020 64 MINUTES OF Telephone Conference held before Magistrate Judge Michael R. Wilner. If Monsta wishes to file a motion to compel, it may do so by February 28 (NTE 20 pages). Wilsons response will be due by March 6 (same page limit). (See Minute Order for further details) Court Recorder: XTR 2/21/2020. (vm) (Entered: 02/21/2020) (1)
Feb 20, 2020 63 Text Only Entry by Magistrate Judge Michael R. Wilner. Judge Birotte ruled on the pending infringement contention motion and vacated the hearing set for tomorrow morning. (Docket # 62.) There is no need for Judge Wilner to hold an in-court session to discuss the parties ongoing discovery difficulties. Instead, as originally requested, Judge Wilner will speak with the lawyers on a conference call at 2 pm. The Clerk will provide call-in details under separate cover. re Order on Motion to Strike 62 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY (Entered: 02/20/2020) (0)
Feb 19, 2020 60 SCHEDULING NOTICE by Magistrate Judge Michael R. Wilner. Status Conference set for February 21, 2020 at 2:00 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY (Entered: 02/19/2020) (0)
Feb 19, 2020 61 MEDIATION REPORT Filed by Plaintiff Wilson Sporting Goods Co.: Mediation held on February 12, 2020. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: MediationParticipantSurvey(Ready, Marty) (Entered: 02/19/2020) (1)
Feb 19, 2020 62 MINUTES (IN CHAMBERS) Order GRANTING-IN-PART and DENYING-IN-PART Defendant's Motion to Strike Plaintiff's Infringement Contentions 52 by Judge Andre Birotte Jr.: Defendants' Motion is GRANTED-IN-PART in that the Court finds Plaintiff's initial infringement contentions insufficient. The Motion is DENIED-IN-PART in that Plaintiff's case will not be dismissed at this time, and Plaintiff will be permitted 14 days to amend and serve supplemental initial infringement contentions that satisfy the requirements of Judge Guilford's Standing Patent Rules. Court Reporter: N/A. (gk) (Entered: 02/19/2020) (5)
Feb 13, 2020 59 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Michael R. Wilner for any discovery and/or post-judgment matters that may be referred. Case number will now read as 5:19-cv-00738 AB(MRWx). (rn) (Entered: 02/13/2020) (1)
Jan 23, 2020 58 (IN CHAMBERS) ORDER CONTINUING DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S INFRINGEMENT CONTENTIONS 52 by Judge Andre Birotte Jr. This Court, on its own motion, hereby continues the hearing date regarding this motion from January 31, 2020 to Friday, February 21, 2020, at 10:00 a.m. before Judge Andre Birotte Jr. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 01/23/2020) (0)
Jan 16, 2020 56 REPLY In support of Motion NOTICE OF MOTION AND MOTION to Strike Plaintiff's Infringement Contentions 52 filed by Defendants Monsta Athletics, LLC, Carl Pegnatori. (Zucker, Gregg) (Entered: 01/16/2020) (8)
Jan 16, 2020 57 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Strike Plaintiff's Infringement Contentions 52 (Attachments: # 1 Proposed Order)(Zucker, Gregg) (Entered: 01/16/2020) (0)
Jan 13, 2020 55 ORDER by Judge Andre Birotte Jr. Granting Request for Approval of Substitution of Attorney Marty B. Ready for Plaintiff Wilson Sporting Goods Co. in place of Attorney Jeffery A. Key 53 . (gk) (Entered: 01/14/2020) (1)
Jan 10, 2020 53 REQUEST TO SUBSTITUTE ATTORNEY Marty B. Ready in place of attorney Jeffery A. Key filed by Plaintiff Wilson Sporting Goods Co.(a Delaware corporation). (Attachments: # 1 Proposed Order, # 2 Affidavit Certificate of Service) (Attorney Marty B Ready added to party Wilson Sporting Goods Co.(pty:cd), Attorney Marty B Ready added to party Wilson Sporting Goods Co.(pty:cd), Attorney Marty B Ready added to party Wilson Sporting Goods Co.(pty:cd), Attorney Marty B Ready added to party Wilson Sporting Goods Co.(pty:pla)) (Ready, Marty) (Entered: 01/10/2020) (0)
Jan 10, 2020 54 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Strike Plaintiff's Infringement Contentions 52 filed by Plaintiff Wilson Sporting Goods Co.. (Tropio, Scott) (Entered: 01/10/2020) (12)
Jan 2, 2020 52 NOTICE OF MOTION AND MOTION to Strike Plaintiff's Infringement Contentions filed by Defendants Monsta Athletics, LLC, Carl Pegnatori. Motion set for hearing on 1/31/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Declaration, # 2 Exhibit Exh. A, # 3 Exhibit Exh. B, # 4 Exhibit Exh. C (first 27 pages), # 5 Exhibit Exh. C (remaining pages), # 6 Exhibit Exh. D) (Zucker, Gregg) (Entered: 01/02/2020) (0)
Dec 26, 2019 51 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), 50 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Request for Substitution of Counsel G01. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) (Entered: 12/26/2019) (1)
Dec 23, 2019 50 Notice of Appearance or Withdrawal of Counsel: for attorney Scott T Tropio counsel for Plaintiff Wilson Sporting Goods Co.. Jeffrey A. Key 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 Wilson Sporting Goods Co.. (Tropio, Scott) (Entered: 12/23/2019) (3)
Dec 18, 2019 48 TRANSCRIPT for proceedings held on 12/17/19. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 1/8/2020. Redacted Transcript Deadline set for 1/21/2020. Release of Transcript Restriction set for 3/17/2020. (lca) (Entered: 12/19/2019) (69)
Dec 18, 2019 49 NOTICE OF FILING TRANSCRIPT filed for proceedings 12/17/19 re Transcript 48 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lca) TEXT ONLY ENTRY (Entered: 12/19/2019) (0)
Dec 17, 2019 47 MINUTES OF (IN CHAMBERS) ORDER RE INFORMAL DISCOVERY CONFERENCE held before Magistrate Judge Suzanne H. Segal. On December 17, 2019, the Court held an informal discovery conference. Court Recorder: XTR 12/17/2019. (hr) (Entered: 12/17/2019) (1)
Dec 12, 2019 45 MOTION RE: INFORMAL DISCOVERY DISPUTE (hr) (Entered: 12/13/2019) (1)
Dec 12, 2019 46 MINUTES OF (IN CHAMBERS) ORDER RE INFORMAL DISCOVERY CONFERENCEsettling 45 Motion Re: Informal Discovery Dispute held before Magistrate Judge Suzanne H. Segal. On December 12, 2019, the Court held an informal discovery conference. The Court sets this matter for a further Telephonic Conference on Tuesday, December 17, 2019, at 11:00 a.m. The Court Clerk will send instructions for calling into the Telephonic Conference by e-mail. Court Recorder: XTR 12/12/19. (hr) (Entered: 12/13/2019) (1)
Dec 5, 2019 44 MINUTE ORDER (IN CHAMBERS) SETTING MATTER FOR A TELEPHONIC CONFERENCE RE DISCOVERY by Magistrate Judge Suzanne H. Segal: The Court sets this matter for a Telephonic Conference on Thursday, December 12, 2019, at 11:00 a.m. The Court Clerk will send instructions for calling into the Telephonic Conference by e-mail. (mr) (Entered: 12/05/2019) (1)
Nov 21, 2019 40 (IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the November 22, 2019, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 11/21/2019) (0)
Nov 21, 2019 41 ORDER/REFERRAL to ADR Procedure No 3 by Judge Andre Birotte Jr. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 2/16/2020. (cb) (Entered: 11/21/2019) (1)
Nov 21, 2019 42 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 5/4/2021 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference and Hearing on Motions In Limine set for 4/16/2021 11:00 AM before Judge Andre Birotte Jr. Last Date to Hear Motion to Amend Pleadings/Add Parties 5/15/2020. Non-Expert Discovery cut-off 10/13/2020. Last Date to Hear Motions 1/29/2021. Deadline to Complete Settlement Conference 2/16/2020. 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 3/26/2021. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 4/2/2021. See document for further details. (gk) (Entered: 11/22/2019) (18)
Nov 21, 2019 43 ORDER APPROVING THE STIPULATION OF PATENT RULE DATES AS A SUPPLEMENT TO CASE SCHEDULE by Judge Andre Birotte Jr.: The Court hereby the approves the parties' Stipulation of Patent Rule Dates 39 . Claims Construction Briefs due 6/5/2020. Claim Construction hearing (for Court - Est. 7/4/2020). Last Date to Hear Motion to Amend Pleadings/Add Parties 5/15/2020. Non-Expert Discovery cut-off 12/15/2020. Last Date to Hear Motions 1/29/2021. Deadline to Complete Settlement Conference 2/16/2021. 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 3/26/2021. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 4/2/2021. See document for further details. (gk) (Entered: 11/22/2019) (3)
Nov 19, 2019 39 SUPPLEMENT to Supplement, 37 , Text Only Scheduling Notice,, 38 filed by Plaintiff Wilson Sporting Goods Co.. (Attachments: # 1 Proposed Order Amended)(Tropio, Scott) (Entered: 11/19/2019) (0)
Nov 18, 2019 38 (IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: Dkt. No. 37 is hereby STRICKEN. The Court is inclined to approve the parties' stipulation to abide by Judge Guilford's patent local rules and to set the necessary dates. However, the parties Proposed Order must be complete in itself and set out the requested dates in full and not simply refer to the stipulation. The parties must immediately refile their Stipulation with a complete Proposed Order. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 11/18/2019) (0)
Nov 13, 2019 36 JOINT REPORT Rule 26(f) Discovery Plan Amended ; estimated length of trial 8, filed by Counter Defendants Wilson Sporting Goods Co., Wilson Sporting Goods Co., Wilson Sporting Goods Co... (Attachments: # 1 Schedule of Pretrial and Trial Dates Worksheet)(Tropio, Scott) (Entered: 11/13/2019) (0)
Nov 13, 2019 37 [STRICKEN] SUPPLEMENT to Joint Report Rule 26(f) Discovery Plan, 36 filed by Counter Defendants Wilson Sporting Goods Co., Wilson Sporting Goods Co., Wilson Sporting Goods Co.. (Attachments: # 1 Proposed Order)(Tropio, Scott) Modified on 11/18/2019 (cb). (Entered: 11/13/2019) (0)
Nov 6, 2019 35 (IN CHAMBERS) ORDER by Judge Andre Birotte Jr. The parties' Rule 26(f) Joint Report is hereby STRICKEN. As directed in the Order Setting Scheduling Conference (Dkt. No. 27), additional dates beyond those specified in the Worksheet template must be proposed in a separate Stipulation and Proposed Order. See Order 5:13-15. The parties must file by November 14, 2019, a revised Rule 26(f) Joint Report with a Worksheet that is limited to the dates specified by the Courts Worksheet template. The parties may agree to using their preferred patent local rules and may propose an appropriate schedule by separate Stipulation and Proposed Order which they must also file by November 14, 2019. The Scheduling Conference is CONTINUED to November 22, 2019 at 10:00 am. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 11/06/2019) (0)
Oct 29, 2019 34 PROTECTIVE ORDER *NOTE CHANGES MADE BY THE COURT* by Magistrate Judge Suzanne H. Segal re Stipulation for Protective Order 33 . (see document for details) (hr) (Entered: 10/29/2019) (13)
Oct 25, 2019 33 STIPULATION for Protective Order filed by Plaintiff Wilson Sporting Goods Co..(Tropio, Scott) (Entered: 10/25/2019) (13)
Oct 18, 2019 32 [STRICKEN] JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8 days, filed by Plaintiff Wilson Sporting Goods Co... (Attachments: # 1 Joint Schedule Worksheet)(Tropio, Scott) Modified on 11/6/2019 (cb). (Entered: 10/18/2019) (0)
Sep 4, 2019 31 PLAINTIFF'S ANSWER TO DEFENDANTS' FIRST AMENDED COUNTERCLAIM ANSWER to Answer to Counterclaim,,, Answer to Complaint (Attorney Civil Case Opening),,,,,,,, 28 REQUEST FOR JURY TRIAL filed by plaintiff Wilson Sporting Goods Co..(Tropio, Scott) (Entered: 09/04/2019) (9)
Aug 19, 2019 30 ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND BY NOT MORE THAN 30 DAYS (L.R. 8-3) by Judge Andre Birotte Jr.: The Court hereby GRANTS the parties' Stipulation to extend the response deadline of Plaintiff to Defendant's First Amended Counterclaim 29 . Plaintiff may have until 9/4/2019 to respond to the First Amended Counterclaim 28 . (gk) (Entered: 08/20/2019) (2)
Aug 16, 2019 29 STIPULATION Extending Time to Answer the complaint as to Wilson Sporting Goods Co. answer now due 9/4/2019, filed by Plaintiff Wilson Sporting Goods Co.. (Attachments: # 1 Proposed Order)(Attorney Daniel Scott Hurwitz added to party Wilson Sporting Goods Co.(pty:pla))(Hurwitz, Daniel) (Entered: 08/16/2019) (0)
Jul 29, 2019 28 First Amended ANSWER to Complaint (Attorney Civil Case Opening) 1 , Answer to Complaint (Attorney Civil Case Opening), Counterclaim 25 , ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim 25 , Complaint (Attorney Civil Case Opening) 1 Amended, COUNTERCLAIM against All Plaintiffs, COUNTERCLAIM against All Plaintiffs filed by Defendant Monsta Athletics, LLC.(Attorney David B Abel added to party Monsta Athletics, LLC(pty:dft))(Abel, David) (Entered: 07/29/2019) (29)
Jul 19, 2019 27 ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 11/8/2019 at 10:00 AM before Judge Andre Birotte Jr. (cb) (Entered: 07/19/2019) (7)
Jul 9, 2019 25 ANSWER to Complaint (Attorney Civil Case Opening) 1 with JURY DEMAND, COUNTERCLAIM against Wilson Sporting Goods Co. filed by Defendants Carl Pegnatori, Monsta Athletics, LLC.(Zucker, Gregg) (Entered: 07/09/2019) (15)
Jul 9, 2019 26 NOTICE of Interested Parties filed by Defendants Monsta Athletics, LLC, Carl Pegnatori, identifying Monsta Athletics, LLC, Carl Pegnatori, Mike Meena, Rob Judd, Ryan Dacko, David Bogosian. (Zucker, Gregg) (Entered: 07/09/2019) (2)
Jun 7, 2019 24 STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening) 1 filed by Defendants Carl Pegnatori, Monsta Athletics, LLC.(Attorney Gregg D Zucker added to party Monsta Athletics, LLC(pty:dft), Attorney Gregg D Zucker added to party Carl Pegnatori(pty:dft))(Zucker, Gregg) (Entered: 06/07/2019) (2)
May 30, 2019 20 PROOF OF SERVICE Executed by Defendant Wilson Sporting Goods Co., upon Defendant Carl Pegnatori served on 5/20/2019, answer due 6/10/2019. Service of the Summons and Complaint were executed upon Carl Pegnatori, an individual in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Tropio, Scott) (Entered: 05/30/2019) (3)
May 30, 2019 21 PROOF OF SERVICE Executed by Plaintiff Wilson Sporting Goods Co., upon Defendant Monsta Athletics, LLC served on 5/20/2019, answer due 6/10/2019. Service of the Summons and Complaint were executed upon Carl Pegnatori, Registered Agent For Service Of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Tropio, Scott) (Entered: 05/30/2019) (3)
May 30, 2019 22 AMENDED DOCUMENT filed by Plaintiff Wilson Sporting Goods Co.. Amendment to Service of Summons and Complaint Returned Executed (21 days), 20 Proof of Service (Tropio, Scott) (Entered: 05/30/2019) (3)
May 30, 2019 23 AMENDED DOCUMENT filed by Plaintiff Wilson Sporting Goods Co.. Amendment to Service of Summons and Complaint Returned Executed (21 days), 21 Proof of Service (Tropio, Scott) (Entered: 05/30/2019) (3)
May 16, 2019 19 ALIAS SUMMONS issued as to Defendants Monsta Athletics, LLC and Carl Pegnatori. (gk) (Entered: 05/17/2019) (3)
May 15, 2019 18 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 , Transfer Pursuant To Patent Pilot Program (CV-128) 10 , Initial Order upon Filing of Complaint - form only 11 , Corporate Disclosure Statement 3 , Civil Cover Sheet (CV-71) 2 , Notice of Assignment to United States Judges(CV-18) - optional html form 5 , Report on Filing of Patent/Trademark Action (Initial Notification)(AO 120) 17 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form 6 filed by Plaintiff Wilson Sporting Goods Co.. (Tropio, Scott) (Entered: 05/15/2019) (3)
May 14, 2019 16 ORDER by Judge Andre Birotte Jr: granting 15 Non-Resident Attorney Jeffery A Key APPLICATION to Appear Pro Hac Vice on behalf of Wilson Sporting Goods Co., designating Scott T. Tropio as local counsel. (lom) (Entered: 05/14/2019) (1)
May 14, 2019 17 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Wilson Sporting Goods Co.. (Tropio, Scott) (Entered: 05/14/2019) (1)
May 9, 2019 15 APPLICATION of Non-Resident Attorney Jeffery A. Key to Appear Pro Hac Vice on behalf of Plaintiff Wilson Sporting Goods Co. (Pro Hac Vice Fee - $400.00 Previously Paid on 5/2/2019, Receipt No. 0973-23662009) filed by Plaintiff Wilson Sporting Goods Co.. (Attachments: # 1 Proposed Order) (Tropio, Scott) (Entered: 05/09/2019) (0)
May 3, 2019 14 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Pro Hac Vice Application filed 5/2/2019 12 . The document is stricken. (gk) (Entered: 05/03/2019) (1)
May 2, 2019 12 * STRICKEN * APPLICATION of Non-Resident Attorney Jeffery A. Key to Appear Pro Hac Vice on behalf of Plaintiff Wilson Sporting Goods Co. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23662009) filed by Plaintiff Wilson Sporting Goods Co.. (Tropio, Scott) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 5/3/2019 14 ** Modified on 5/3/2019 (gk). (Entered: 05/02/2019) (6)
May 2, 2019 13 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jeffery A. Key to Appear Pro Hac Vice on behalf of Plaintiff Wilson Sporting Goods Co. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23662009) 12 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed. (lt) (Entered: 05/02/2019) (1)
Apr 23, 2019 5 NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Suzanne H. Segal. (esa) (Entered: 04/23/2019) (1)
Apr 23, 2019 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 04/23/2019) (2)
Apr 23, 2019 7 21 DAY Summons issued re Complaint 1 as to defendants Monsta Athletics, LLC, Carl Pegnatori. (esa) (Entered: 04/23/2019) (2)
Apr 23, 2019 8 NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (esa) (Entered: 04/23/2019) (1)
Apr 23, 2019 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jeffery A. Key. 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. (esa) (Entered: 04/23/2019) (1)
Apr 23, 2019 10 ORDER TO TRANSFER CASE TO THE PATENT PILOT PROGRAM by Judge Stephen V. Wilson. Case transferred from Judge Stephen V. Wilson to Judge Andre Birotte Jr for all further proceedings. Case number now reads 5:19-cv-00738 AB(SSx). (rn) (Entered: 04/23/2019) (1)
Apr 23, 2019 11 STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) (Entered: 04/23/2019) (14)
Apr 22, 2019 2 CIVIL COVER SHEET filed by Plaintiff Wilson Sporting Goods Co.. (Tropio, Scott) (Entered: 04/22/2019) (3)
Apr 22, 2019 3 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Wilson Sporting Goods Co. identifying Amer Sports Company, a Delaware corporation as Corporate Parent. (Tropio, Scott) (Entered: 04/22/2019) (3)
Apr 22, 2019 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 , Corporate Disclosure Statement 3 , Civil Cover Sheet (CV-71) 2 filed by Plaintiff Wilson Sporting Goods Co.. (Tropio, Scott) (Entered: 04/22/2019) (2)
Apr 22, 2019 1 Complaint* (1)
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