Osborne v. Underground Toys, LLC
| Osborne and Morgan K. Osborne |
| Underground Toys, LLC |
| 3:2015cv00534 |
| March 10, 2015 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Barbara Lynn Major |
| Dana M Sabraw |
| Patent |
| 35 U.S.C. § 0271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 25, 2015. A more recent docket listing may be available from PACER.
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| Filing 29 REPORT of Patent and Trademark Closing, regarding patent and/or trademark number(s) 7,492,274, re #28 Order on Motion to Dismiss. cc:USPTO (ag) |
Filing 28
ORDER Granting #27 Joint Motion for Entry of Order to Dismiss with Prejudice. The Court having reviewed the parties' Joint Motion for Entry of Order to Dismiss with Prejudice in the above-entitled action; IT IS THEREFORE ORDERED that this case is dismissed with prejudice. Each party shall bear its own respective costs, attorneys' fees, and expenses. All pending proceedings are vacated and no further proceedings shall take place in this action. Signed by Judge Dana M. Sabraw on 8/24/2015. (aef)
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| Filing 27 Joint MOTION to Dismiss by Underground Toys, LLC. (Rocchegiani, Renzo) (aef). |
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Filing 26
Order Following Early Neutral Evaluation Conference. The Court held an Early Neutral Evaluation Conference held on August 5, 2015. The Court issues the following orders: 1. On or before August 15, 2015, defense counsel must provide Plaintiff with a draft settlement agreement; 2. On or before August 21, 2015, defense counsel must provide Plaintiff with the three declarations discussed during the ENE; 3. If the parties are able to agree on the settlement agreement language, the parties are ordered to file their joint motion for dismissal of this case, signed by counsel of record and any unrepresented parties, no later than August 24, 2015. A proposed order on the joint motion for dismissal must be e-mailed to the district judge's chambers1 on the same day. If the signed joint motion for dismissal is timely filed, the parties and attorneys are not required to make any further appearances before Judge Major; 4. In the event that the parties are unable to agree on settlement agreement language, the parties are required to appear in person in the chambers of the Honorable Barbara L. Major, United States Magistrate Judge, located at 333 West Broadway, Suite 1110, San Diego, California, 92101 on August 26, 2015 at 2:00 p.m.; and 5. The Court VACATES the deadlines set in Judge Sabraw's July 7, 2015 order [see ECF No. 23] to be reset at a later date if the settlement is not finalized. Signed by Judge Dana M. Sabraw on 8/6/2015.(aef)
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| Filing 25 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: Early Neutral Evaluation Conference held on 8/5/2015. Case tentatively settled. Order to follow. (Plaintiff Attorney Morgan K. Osborne). (Defendant Attorney Renzo N. Rocchegiani). (no document attached) (bll) |
| Filing 24 NOTICE by Underground Toys, LLC of change of name of Defedant's counsel's firm (Rocchegiani, Renzo) (aef). |
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Filing 23
ORDER Following Telephonic Status Conference. IT IS HEREBY ORDERED: 1. The Court vacates its July 1, 2015 Order Setting Case Management Conference and all dates and deadlines contained therein. 2. The parties shall report to the ENE as currently scheduled. 3. If the case does not settle at or before the ENE, Defendant shall file its opening brief on the issue of the "whereby" clause on or before August 26, 2015. Plaintiff shall file his responsive brief on or before September 9, 2015. Defendant shall file its reply brief on or before September 16, 2015, and Plaintiff may file a surreply brief on or before September 23, 2015. If necessary, the Court will set a hearing after reviewing the parties' briefs. Otherwise, the matter will be submitted on the briefs and without oral argument. Signed by Judge Dana M. Sabraw on 7/7/2015.(aef)
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| Filing 22 Minute Entry for proceedings held before Judge Dana M. Sabraw: Telephonic Status Conference held on 7/7/2015. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Morgan Osborne). (Defendant Attorney Renzo Rocchegiani). (no document attached) (jak) |
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Filing 21
ORDER Setting Case Management Conference. In the event this case does not settle at the ENE conference currently scheduled for August 5, 2015, counsel and parties shall attend an Initial Case Management Conference with Judge Sabraw. The conference will immediately follow the ENE, and will be held in Courtroom 13A of the Carter/Keep Courthouse. In preparation for this conference, the parties shall: 1. Meet and confer pursuant to Federal Rule of Civil Procedure 26(f) no later than twenty-one (21) days before the CMC. 2. Exchange initial disclosures pursuant to Rule 26(a)(1)(A-D) no later than seven(7) days prior to the CMC. 3. File a joint Case Management Statement with Judge Sabraw seven (7) days before the CMC. Signed by Judge Dana M. Sabraw on 7/1/2015.(aef)
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Filing 20
NOTICE AND ORDER for Early Neutral Evaluation Conference in a Patent Case. An Early Neutral Evaluation set for 8/5/2015 at 01:30 PM before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 7/1/2015.(aef)
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| Filing 19 ANSWER to #1 Complaint, with Jury Demand by Underground Toys, LLC.(Rocchegiani, Renzo)(aef). |
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Filing 18
ORDER Denying #9 Defendant's Motion to Dismiss. Signed by Judge Dana M. Sabraw on 6/17/2015. (All non-registered users served via U.S. Mail Service)(aef)
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Filing 17
ORDER Re: Oral Argument. (Re: Doc. #9 ) Defendant's motion to dismiss is currently scheduled for hearing on May 8, 2015. The Court has reviewed the parties' briefs, and finds this matter suitable for decision without oral argument pursuant to Civil Local Rule 7.1.d.1. Accordingly, the May 8, 2015 hearing is vacated. Signed by Judge Dana M. Sabraw on 5/4/2015.(aef)
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| Filing 16 REPLY to Response to Motion re #9 MOTION to Dismiss for Failure to State a Claim filed by Underground Toys, LLC. (Rocchegiani, Renzo)(aef). |
| Filing 15 RESPONSE in Opposition re #9 Motion to Dismiss for Failure to State a Claim filed by Morgan K. Osborne. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of M. Osborne)(aef) (Attachment 1 replaced on 4/22/2015) (aef). Modified on 4/22/2015 to include page iv in memorandum (aef). |
| Filing 14 MOTION to Withdraw Plaintiff's Motion for Leave - CIV.LR 7.1(h), by Morgan K. Osborne. Nunc Pro Tunc 4/14/2015. (aef) |
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Filing 13
Notice of Document Discrepancies and Order Thereon by Judge Dana M. Sabraw Accepting Document: Notice of Withdrawal of Plaintiffs Motion for Leave CIV.L.R. 7.1(h), from Plaintiff Morgan K. Osborne. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. Nunc Pro Tunc 4/14/2015. Signed by the Chambers of Judge Dana M. Sabraw on 4/14/2015.(aef)
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| Filing 12 MOTION for Leave to File Excess Pages by Morgan K. Osborne. Nunc Pro Tunc 4/13/2015. (aef) |
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Filing 11
Notice of Document Discrepancies and Order Thereon by Judge Dana M. Sabraw Accepting Document: Motion of Leave CIV.LR 7.1(h), from Plaintiff Morgan K. Osborne. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 4/13/2015. Signed by the Chambers of Judge Dana M. Sabraw on 4/13/2015.(aef)
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| Filing 10 Corporate Disclosure Statement by Underground Toys, LLC. (Rocchegiani, Renzo) (aef). |
| Filing 9 MOTION to Dismiss for Failure to State a Claim by Underground Toys, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration R. Rocchegiani, #3 Exhibit Exhibit 1, #4 Supplement)(Rocchegiani, Renzo)(aef). |
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Filing 8
ORDER Granting #6 Joint Motion for Extension of Time for Defendant to Answer or Otherwise Respond to Complaint. It is hereby ORDERED that the new deadline for Underground Toys, LLC to answer or otherwise respond to Plaintiff's Complaint is April 8, 2015. Signed by Judge Dana M. Sabraw on 4/2/2015. (aef)
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| Filing 7 NOTICE of Party With Financial Interest by Underground Toys, LLC (Rocchegiani, Renzo) (aef). |
| Filing 6 Joint MOTION for Extension of Time to File Answer by Underground Toys, LLC. (Rocchegiani, Renzo)Attorney Renzo N. Rocchegiani added to party Underground Toys, LLC(pty:dft) (aef). |
| Filing 4 MINUTE ORDER. Judge Michael M. Anello has declined assignment pursuant to General Order 598. Case reassigned to Judge Dana M. Sabraw for all further proceedings. The new case number is 15cv534-DMS(BLM) (no document attached) (tel) |
| Filing 5 SUMMONS Returned Executed by Morgan K. Osborne. Underground Toys, LLC served. (vam) |
| Filing 3 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons has been provided to plaintiffs not receiving notice electronically. (fth) |
| Filing 2 REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *7,492,274* cc:USPTO (fth) |
| Filing 1 COMPLAINT with Jury Demand against Underground Toys, LLC ( Filing fee $ 400 receipt number CAS070931.), filed by Morgan K. Osborne. (Attachments: #1 Civil Cover Sheet)The new case number is 3:15-cv-534-MMA-BLM. Judge Michael M. Anello and Magistrate Judge Barbara Lynn Major are assigned to the case.(fth) |
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