Platinum Logistics, Inc. v. Platinum Cargo Logistics, Inc. et al
| Platinum Logistics, Inc. |
| Platinum Cargo Logistics, Inc, Platinum Cargo Logistics, Inc., Kelli Lynn Spiri, Catalyst Solutions, Inc. a California Corporation doing business as Platinum Cargo Logistics, Rabit Transit an unknown entity doing business as Platinum Cargo Logistics, Freightlogix, LLC a California Limited Liability Company doing business as Platinum Cargo Logistrics, Debbie Smythe, ATL Freight Forwarders, LLC an unknown entity doing business as Platinum Cargo Logistrics, Expo Displays Caribbean, Inc. a Puerto Rico Corporation doing business as Platinum Cargo Logistics, Northwest Freight Services, Inc. a Washington Corporation doing business as Platinum Cargo Logistics, Boss Platinum Corporation, LLC an Ohio Limited Liability Company doing business as Platinum Cargo Logistics, KBU Logistics, Inc. a Florida Corporation doing business as Platinum Cargo Logistics, Catalyst Solutions-Colorado, LLC a Colorado Limited Liability Company doing business as Platinum Cargo Logistics and Does 1-20 |
| Freightlogix, LLC, ATL Freight Forwarders, LLC and Catalyst Solutions, Inc. |
| 3:2015cv00617 |
| March 19, 2015 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Cathy Ann Bencivengo |
| Karen S Crawford |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 12, 2019. A more recent docket listing may be available from PACER.
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Filing 106
ORDER Granting Joint Motion to Dismiss With Prejudice [Doc. No. #105 ]. Signed by Judge Cathy Ann Bencivengo on 4/12/2019. (anh) (sjt).
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| Filing 105 Joint MOTION to Dismiss With Prejudice by Platinum Logistics, Inc.. (Leventhal, Joseph) (anh). |
| Filing 104 Joint NOTICE of Settlement by Platinum Logistics, Inc. (Echevestre, Nicolas) (ag). |
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Filing 103
SCHEDULING ORDER. Signed by Judge Cathy Ann Bencivengo on 10/19/2018.(anh)
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| Filing 102 REPORT of Rule 26(f) Planning Meeting. (Leventhal, Joseph) (anh). |
| Filing 101 Joint Exhibit List w/Witness List as to Evidentiary Hearing. (lmh) |
| Filing 100 Minute Order for proceedings held before Judge Cathy Ann Bencivengo: Evidentiary Hearing held on 10/11/2018. Testimony from Jeffrey Wobbrock called/sworn/examined. Exhibits identified. The Court denies #91 Motion to Stay Action for reasons stated on the record. A Joint Statement regarding Scheduling Order, including trial date(s), shall be filed with the Court by 10/19/2018. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Joseph Leventhal and Nicolas Echevestre).(Defendant Attorney R. Daniel Scheid and Paul Hoffman). (no document attached) (lmh) |
| Filing 99 DECLARATION of Judith Wobbrock by Plaintiff Platinum Logistics, Inc.. (Echevestre, Nicolas) (anh). |
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Filing 98
ORDER Scheduling Hearing On Motion to Stay. Signed by Judge Cathy Ann Bencivengo on 9/21/2018.(anh)
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| Filing 97 NOTICE of Change of Address by Paul A Hoffman (Hoffman, Paul) (anh). |
| Filing 96 REPLY to Response to Motion re #91 MOTION to Stay Action Pending Plaintiff's Payment of Fees and Costs Pursuant to the Inherent Power of the Court and Section 35 of the Lanham Act [15 U.S.C. section 1117] filed by ATL Freight Forwarders, LLC, Boss Platinum Corporation, LLC, Catalyst Solutions, Inc., Catalyst Solutions-Colorado, LLC, Freightlogix, LLC, KBU Logistics, Inc., Platinum Cargo Logistics, Inc., Rabit Transit, Debbie Smythe. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F Declaration of Diana Bomar, #8 Exhibit Exhibit F-1, #9 Exhibit Exhibit F-2, #10 Exhibit Exhibit G Declaration of R. Daniel Scheid, Esq., #11 Exhibit Exhibit G-1, #12 Exhibit Exhibit G-2, #13 Exhibit Exhibit G-3, #14 Exhibit Exhibit G-4, #15 Exhibit Exhibit H, #16 Exhibit Exhibit I, #17 Exhibit Exhibit J, #18 Exhibit Exhibit K, #19 Exhibit Exhibit L, #20 Exhibit Exhibit M, #21 Proof of Service Proof of Electronic Service)(Hoffman, Paul) (anh). |
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Filing 95
ORDER Extending Time to File Reply to Plaintiff's Opposition to Defendants' Motion to Stay Action Pending Plaintiff's Payment of Fees and Costs. Signed by Judge Cathy Ann Bencivengo on 6/20/2018. (jjg)
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| Filing 94 Joint MOTION for Extension of Time to File Response/Reply (Unopposed) Motion for Extension of Time to File Reply to Plaintiff's Opposition to Defendants' Motion to Stay Action Pending Plaintiff's Payment of Fees and Costs by ATL Freight Forwarders, LLC, Boss Platinum Corporation, LLC, Catalyst Solutions, Inc., Catalyst Solutions-Colorado, LLC, Freightlogix, LLC, KBU Logistics, Inc., Platinum Cargo Logistics, Inc., Rabit Transit, Debbie Smythe. (Attachments: #1 Declaration Declaration of R. Daniel Scheid in Support of Joint (Unopposed) Motion for Extension of Time to File Reply to Plaintiff's Opposition to Defendants' Motion to Stay Action Pending Plaintiff's Payment of Fees and Costs)(Hoffman, Paul) (jjg). |
| Filing 93 NOTICE of Change of Address by Paul A Hoffman (Hoffman, Paul) (jjg). |
| Filing 92 RESPONSE in Opposition re #91 MOTION to Stay Action Pending Plaintiff's Payment of Fees and Costs Pursuant to the Inherent Power of the Court and Section 35 of the Lanham Act [15 U.S.C. section 1117] filed by Platinum Logistics, Inc.. (Attachments: #1 Declaration of Jeffrey Wobbrock In Support of Platinum Logistics, Inc.'s Motion to Stay, #2 Declaration of Gary L. Eastman In Support of Platinum Logistics, Inc.'s Motion to Stay, #3 Declaration of Bernard M. Hansen In Support of Platinum Logistics, Inc.'s Opposition to Motion to Stay)(Leventhal, Joseph) (jjg). |
| Filing 91 MOTION to Stay Action Pending Plaintiff's Payment of Fees and Costs Pursuant to the Inherent Power of the Court and Section 35 of the Lanham Act [15 U.S.C. section 1117] by ATL Freight Forwarders, LLC, Boss Platinum Corporation, LLC, Catalyst Solutions, Inc., Catalyst Solutions-Colorado, LLC, Freightlogix, LLC, KBU Logistics, Inc., Platinum Cargo Logistics, Inc., Rabit Transit, Debbie Smythe. (Attachments: #1 Memo of Points and Authorities MPA in Support of Motion to Stay Action Pending Plaintiff's Payment of Fees and Costs Pursuant to the Inherent Power of the Court and Section 35 of the Lanham Act [15 U.S.C. section 1117], #2 Exhibit Index of Exhibits re MPA in Support of Motion to Stay Action, etc., #3 Declaration Declaration of R. Daniel Scheid in Support of Motion to Stay Action Pending Plaintiff's Payment of Fees and Costs, etc., #4 Exhibit Exhibit A to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #5 Exhibit Exhibit B to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #6 Exhibit Exhibit C to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #7 Exhibit Exhibit D-1 to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #8 Exhibit Exhibit D-2 to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #9 Exhibit Exhibit E to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #10 Exhibit Exhibit F to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #11 Exhibit Exhibit G to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #12 Exhibit Exhibit H to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #13 Exhibit Exhibit I to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #14 Exhibit Exhibit J to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #15 Exhibit Exhibit K to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #16 Exhibit Exhibit L to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #17 Exhibit Exhibit M to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #18 Exhibit Exhibit N to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #19 Exhibit Exhibit O to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #20 Exhibit Exhibit P to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #21 Exhibit Exhibit Q to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #22 Exhibit Exhibit R to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #23 Exhibit Exhibit S to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #24 Exhibit Exhibit T to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #25 Exhibit Exhibit U to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #26 Exhibit Exhibit V to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #27 Exhibit Exhibit W to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #28 Exhibit Exhibit X to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #29 Exhibit Exhibit Y to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #30 Exhibit Exhibit Z to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #31 Exhibit Exhibit AA to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #32 Exhibit Exhibit AB to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc., #33 Exhibit Exhibit AC to Declaration of R. Daniel Scheid in Support of Motion to Stay Action, etc.)(Hoffman, Paul) (jjg). |
| Filing 90 MANDATE of USCA vacating and remanding to the USDC as to #71 Notice of Cross Appeal to the 9th Circuit, filed by Catalyst Solutions-Colorado, LLC, Catalyst Solutions, Inc., Platinum Cargo Logistics, Inc., ATL Freight Forwarders, LLC, KBU Logistics, Inc., Debbie Smythe, Rabit Transit, Boss Platinum Corporation, LLC, Freightlogix, LLC, #68 Notice of Appeal to the 9th Circuit, filed by Platinum Logistics, Inc. (akr) |
| Filing 89 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Appeal Mandate Hearing held on 5/17/2018. Appeal Mandate ordered filed for USCA Case Number(s): 16-55119, 16-55155.(Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Nicolas Echevestre (present) and Joseph Leventhal (telephonic)). (Defendant Attorney Paul Hoffman and R. Daniel Scheid). (no document attached) (lmh) |
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Filing 88
ORDER Granting Application for Plaintiff's Counsel to Appear Telephonically [Doc. No. #86 ]. Signed by Judge Cathy Ann Bencivengo on 5/14/2018. (jjg)
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| Filing 87 NOTICE of Appearance of Counsel by Nicolas J. Echevestre on behalf of Platinum Logistics, Inc. (Echevestre, Nicolas)Attorney Nicolas J. Echevestre added to party Platinum Logistics, Inc.(pty:pla) (jjg). |
| Filing 86 NOTICE Joint Ex Parte Application for Telephonic Apperance by Plaintiff's counsel for May 17, 2018 Appeal Mandate Hearing (Doc. No. 84) by Platinum Logistics, Inc. (Attachments: #1 [Proposed] Order Granting Application for Telephonic Appearance by Plaintiff's Counsel for May 17, 2018)(Leventhal, Joseph) QC mailer sent re proposed orders should not be attached (jjg). |
| Filing 85 NOTICE of Appearance by Joseph S. Leventhal on behalf of Platinum Logistics, Inc. (Leventhal, Joseph)Attorney Joseph S. Leventhal added to party Platinum Logistics, Inc.(pty:pla) (jjg). |
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Filing 84
ORDER Granting Defendants' Motion to Continue Appeal Mandate Hearing [Doc. No. #83 ]. Signed by Judge Cathy Ann Bencivengo on 4/17/2018. (jjg)
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| Filing 83 Ex Parte MOTION to Continue Appeal Mandate Hearing by ATL Freight Forwarders, LLC, Boss Platinum Corporation, LLC, Catalyst Solutions, Inc., Catalyst Solutions-Colorado, LLC, Freightlogix, LLC, KBU Logistics, Inc., Platinum Cargo Logistics, Inc., Rabit Transit, Debbie Smythe. (Attachments: #1 Memo of Points and Authorities Memorandum of Points and Authorities in Support of Ex Parte Motion to Continue Appeal Mandate Hearing, #2 Declaration Declaration of Paul A. Hoffman in Support of Ex Parte Motion to Continue Appeal Mandate Hearing, #3 Exhibit Exhibit "A" to Declaration of Paul A. Hoffman, #4 Exhibit Exhibit "B" to Declaration of Paul A. Hoffman, #5 Declaration Declaration of R. Daniel Scheid in Support of Ex Parte Motion to Continue Appeal Mandate Hearing)(Hoffman, Paul)(mxn). |
| Filing 82 NOTICE of Spreading the Mandate: Appeal Mandate Hearing set for 4/24/2018 01:30 PM in Courtroom 4C before Judge Cathy Ann Bencivengo. (lmh) |
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Filing 81
ORDER of USCA as to #68 Notice of Appeal to 9th Circuit, #71 Notice of Cross Appeal to 9th Circuit. Appellees' petition for rehearing en banc is denied. (akr)
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| Filing 80 NOTICE of Change of Address by Paul A Hoffman (Hoffman, Paul) (jjg). |
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Filing 79
ORDER of USCA as to #71 Notice of Cross Appeal to 9th Circuit, filed by Catalyst Solutions-Colorado, LLC, Catalyst Solutions, Inc., Platinum Cargo Logistics, Inc., ATL Freight Forwarders, LLC, KBU Logistics, Inc., Debbie Smythe, Rabit Transit, Boss Platinum Corporation, LLC, Freightlogix, LLC, #68 Notice of Appeal to 9th Circuit, filed by Platinum Logistics, Inc. The parties are ordered to submit supplemental briefs addressing two issues: 1) apart from any authority under FRCP 41(d), could the USDC in this case invoke its inherent power to award costs and attorney's fees accrued in the prior action and 2) if so, with which procedures, if any, must a district comply when it invokes its inherent power and did the USDC in this case comply with those procedures when it awarded costs and attorney's fees accrued in the prior action? Briefing and filing instructions issued. (akr)
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| Filing 78 TRANSCRIPT DESIGNATION AND ORDERING FORM by ATL Freight Forwarders, LLC, Boss Platinum Corporation, LLC, Catalyst Solutions, Inc., Catalyst Solutions-Colorado, LLC, Freightlogix, LLC, KBU Logistics, Inc., Platinum Cargo Logistics, Inc., Rabit Transit, Debbie Smythe for proceedings held on 10/02/2015 re #68 Notice of Appeal to 9th Circuit. (Hoffman, Paul). (akr). |
| Filing 77 USCA Appeal Fees received ($505, receipt number CAS079227) re #68 Notice of Appeal to 9th Circuit, filed by Platinum Logistics, Inc. (USCA Case Number 16-55119. Notice electronically transmitted to the US Court of Appeals.) (akr) |
| NOTICE of USCA receipt of #77 amended docket fee notification re #68 Notice of Appeal to 9th Circuit, filed by Platinum Logistics, Inc. (no document attached) (akr) |
| Filing 76 REPORT of Patent and Trademark Closing, regarding patent and/or trademark number(s) 4,173,794, re #67 Clerk's Judgment. cc:USPTO (ag) |
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Filing 75
ORDER of USCA as to #68 Notice of Appeal to 9th Circuit, filed by Platinum Logistics, Inc. A review of the docket reflects that appellant has not paid the docketing and filing fees for this appeal. Within 21 days from the date of this order, appellant shall: (1) file a motion with the USCA to proceed in forma pauperis; (2) pay $505 to the USDC as the docketing and filing fees for this appeal and provide proof of payment to the USCA; or (3) otherwise show cause why the appeal should not be dismissed for failure to prosecute. The filing of a motion to proceed in forma pauperis will automatically stay the briefing schedule under Ninth Circuit Rule 27-11. Any motion to proceed in forma pauperis must include a financial declaration such as the attached Form 4. If appellant fails to comply with this order, this appeal will be dismissed automatically by the Clerk for failure to prosecute. (akr)
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| Filing 74 USCA Time Schedule Order as to #71 Notice of Cross Appeal to 9th Circuit, filed by Catalyst Solutions-Colorado, LLC, Catalyst Solutions, Inc., Platinum Cargo Logistics, Inc., ATL Freight Forwarders, LLC, KBU Logistics, Inc., Debbie Smythe, Rabit Transit, Boss Platinum Corporation, LLC, Freightlogix, LLC, #68 Notice of Appeal to 9th Circuit, filed by Platinum Logistics, Inc. (akr) |
| Filing 73 USCA Case Number 16-55155 for #71 Notice of Cross Appeal to 9th Circuit, filed by Catalyst Solutions-Colorado, LLC, Catalyst Solutions, Inc., Platinum Cargo Logistics, Inc., ATL Freight Forwarders, LLC, KBU Logistics, Inc., Debbie Smythe, Rabit Transit, Boss Platinum Corporation, LLC, Freightlogix, LLC. (akr) |
| Filing 72 TRANSCRIPT DESIGNATION AND ORDERING FORM by ATL Freight Forwarders, LLC, Boss Platinum Corporation, LLC, Catalyst Solutions, Inc., Catalyst Solutions-Colorado, LLC, Freightlogix, LLC, KBU Logistics, Inc., Platinum Cargo Logistics, Inc., Rabit Transit, Debbie Smythe for proceedings held on 10/02/2015 re #68 Notice of Appeal to 9th Circuit. (Hoffman, Paul). (akr). |
| Filing 71 NOTICE OF CROSS APPEAL to the 9th Circuit as to #51 Order, by ATL Freight Forwarders, LLC, Boss Platinum Corporation, LLC, Catalyst Solutions, Inc., Catalyst Solutions-Colorado, LLC, Freightlogix, LLC, KBU Logistics, Inc., Platinum Cargo Logistics, Inc., Rabit Transit, Debbie Smythe. (Filing fee $ 505 receipt number 0974-8757284.) (Hoffman, Paul). (Modified on 1/29/2016 to add link to Order.) (akr). |
| Filing 70 USCA Time Schedule Order as to #68 Notice of Appeal to 9th Circuit, filed by Platinum Logistics, Inc. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court (see attached), provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 2/16/2016 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 3/15/2016.) (cc: Court Reporter). (Attachments: #1 Transcript Designation and Ordering Form). (akr) |
| Filing 69 USCA Case Number 16-55119 for #68 Notice of Appeal to 9th Circuit, filed by Platinum Logistics, Inc. (akr) |
| Filing 68 NOTICE OF APPEAL to the 9th Circuit as to #51 Order, #67 Clerk's Judgment, #66 Order, by Platinum Logistics, Inc. Fee not paid. (Notice of Appeal electronically transmitted to US Court of Appeals.) (Mataele, Isi). (Modified on 1/16/2016 to edit docket re linked Orders.) (akr). |
| Filing 67 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that Plaintiffs motion for reconsideration is denied. Accordingly, because Plaintiff failed to comply with theCourts September 15, 2015 Order, it is hereby ordered that this case is dismissed with prejudice.(jpp) |
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Filing 66
ORDER of Dismissal with prejudice. Plaintiffs motion for reconsideration is denied. Accordingly, because Plaintiff failed to comply with the Courts September 15, 2015 Order, it is hereby ordered that this case is dismissed with prejudice. Signed by Judge Cathy Ann Bencivengo on 12/15/2015. (jpp)
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| Filing 65 NOTICE by ATL Freight Forwarders, LLC, Boss Platinum Corporation, LLC, Catalyst Solutions, Inc., Catalyst Solutions-Colorado, LLC, Freightlogix, LLC, KBU Logistics, Inc., Platinum Cargo Logistics, Inc., Rabit Transit, Debbie Smythe DEFENDANTS' CERTIFICATION OF PLAINTIFF'S NON-PAYMENT OF COURT-ORDERED SANCTIONS (Hoffman, Paul) (QC email sent re document missing signature; requested filer to withdraw and re-file) (dls). |
| Filing 64 MOTION to Amend/Correct #51 Order on Motion to Dismiss, Order on Motion to Stay, by Platinum Logistics, Inc.. (Attachments: #1 Notice Notice to amend, alter, set aside FRCP 60(b), #2 Declaration Declaration of Jeff Wobbrock)(Mataele, Isi) (dls). |
| Filing 63 MOTION to Substitute Attorney 'Isi Mataele by Platinum Logistics, Inc. (Mataele, Isi) (QC email sent re document not formatted properly; lacking signatures; requested filer to withdraw and refile)(dls). |
| Filing 62 NOTICE of Appearance by Isi Mataele on behalf of Platinum Logistics, Inc. (Mataele, Isi)Attorney Isi Mataele added to party Platinum Logistics, Inc.(pty:pla) (QC email sent re incorrect .pdf attached) (dls). |
| Filing 61 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Order to Show Cause Hearing) held on 10/2/2015, before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/12/2015. Redacted Transcript Deadline set for 11/23/2015. Release of Transcript Restriction set for 1/19/2016. (akr) |
| Filing 60 CERTIFICATE OF SERVICE by Platinum Logistics, Inc. re #59 Order on Motion to Withdraw as Attorney,, (Buche, John) (cxl). |
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Filing 59
ORDER Granting Motion to Withdraw as Counsel (Doc. No. #52 ). The Law Firm's application to withdraw as counsel (Doc. No. #52 ) is Granted; John K. Buche may withdraw as counsel for Plaintiff in this case; The Law Firm must serve this order directly on Plaintiff and file proof of such service no later than October 19, 2015; Plaintiff must obtain new counsel who must enter a notice of appearance no later than December 14, 2015; This case remains STAYED until December 14, 2015; If no counsel appears on behalf of Plaintiff or Plaintiff does not make the required payment to Defendants by December 14, 2015, this case will be dismissed with prejudice. Signed by Judge Cathy Ann Bencivengo on 10/13/2015. (cxl)
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| Filing 58 Letter from Jeffrey Wobbrock. Nunc pro tunc 10/5/2015 (cxl) |
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Filing 57
Notice of Document Discrepancies and Order Thereon by Judge Cathy Ann Bencivengo Accepting Document: Letter to Judge. Non-compliance with local rule(s), OTHER: L.R. 83.9, ex parte communication prohibited. Nunc Pro Tunc 10/5/2015 (cxl)
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| Filing 56 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Show Cause Hearing held on 10/2/2015. Chambers issued a minute order. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney John Buche and Byron Ma). (Defendant Attorney Paul Hoffman and R. Daniel Scheid (via courtcall)). (no document attached) (lmh) |
| Filing 55 MINUTE ORDER: On October 2, 2015, the Court held an Order to show cause hearing. As stated at the hearing, the Court is not ordering any sanctions against Plaintiff or Plaintiff's counsel related to the opposition to the motion to dismiss of Kelly Spiri. It is further ORDERED that any opposition to Plaintiff's counsel's ex parte motion to withdraw (Doc. No. #52 ) must be filed by October 9, 2015. If no oppositions are filed, the motion will be granted.(cxl) |
| Filing 54 MINUTE ORDER: This matter is scheduled for an order to show cause hearing on October 2, 2015 at 3:00 p.m. Counsel for Plaintiff is required to attend this hearing in person. Counsel for other parties are not required to attend or otherwise participate in the hearing. However, if counsel for other parties want to participate telephonically, they are instructed to contact the Court no later than October 1, 2015 at noon so that their appearance can be arranged through CourtCall.(cxl) |
| Filing 53 RESPONSE TO ORDER TO SHOW CAUSE by Platinum Logistics, Inc.. (Attachments: #1 Exhibit Declaration of John K. Buche, #2 Exhibit Declaration of Byron Ma, #3 Exhibit Declaration of Jeffrey Wobbrock)(Buche, John) (cxl). |
| Filing 52 Ex Parte MOTION to Withdraw as Attorney by Platinum Logistics, Inc.. (Attachments: #1 Memo of Points and Authorities ISO Ex Parte Motion to Withdraw as Counsel of Record, #2 Declaration John K. Buche)(Buche, John) (cxl). |
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Filing 51
ORDER on Motions to Dismiss (Doc. Nos. #8 , #40 ). The non-Spiri Defendants' motion to dismiss (Doc. No. #8 ) is GRANTED IN PART and DENIED IN PART. Separately, Defendant Spiri's motion to dismiss (Doc. No. #40 ) is GRANTED. It is further ordered: Plaintiff shall pay Defendants $119,637.72 by December 14, 2015; This case is STAYED until Plaintiff makes such payment; If Plaintiff fails to pay Defendants by December 14, 2015, the Court will dismiss this case; Plaintiff's claims against Defendant Spiri are DISMISSED; and Plaintiff, and its counsel, must SHOW CAUSE, in writing, on or before September 29, 2015, why they should not have to pay Spiri's attorneys fees related to her motion to dismiss. A hearing on this order to show cause is set for October 2, 2015 at 3:00 p.m. Signed by Judge Cathy Ann Bencivengo on 9/15/2015. (cxl)
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| Filing 50 REPLY to Response to Motion re #40 MOTION to Dismiss Motion of Defendant Kelli Lynn Spiri, Appearing Specially, to Dismiss Complaint Pursuant to Fed.R.Civ.P. 12(b)(5), 12(b)(2), and 4(m) filed by ATL Freight Forwarders, LLC, Boss Platinum Corporation, LLC, Catalyst Solutions, Inc., Catalyst Solutions-Colorado, LLC, Expo Displays Caribbean, Inc., Freightlogix, LLC, KBU Logistics, Inc., Platinum Cargo Logistics, Inc., Rabit Transit, Debbie Smythe, Kelli Lynn Spiri. (Attachments: #1 Declaration Supplemental Declaration of R. Daniel Scheid in Support of Reply to Plaintiff's Opposition to the Motion of Defendant Kelli Lynn Spiri, Appearing Specially, to Dismiss Complaint Pursuant to Fed.R.Civ.P. 12(b)(5), 12(b)(2) and 4(m), #2 Exhibit Exhibit A to Supplemental Declaration of R. Daniel Scheid, #3 Exhibit Exhibit B to Supplemental Declaration of R. Daniel Scheid, #4 Proof of Service Proof of Electronic Service to Supplemental Declaration of R. Daniel Scheid)(Hoffman, Paul) (cxl). |
| Filing 49 REPLY to Response to Motion re #40 MOTION to Dismiss Motion of Defendant Kelli Lynn Spiri, Appearing Specially, to Dismiss Complaint Pursuant to Fed.R.Civ.P. 12(b)(5), 12(b)(2), and 4(m) filed by ATL Freight Forwarders, LLC, Boss Platinum Corporation, LLC, Catalyst Solutions, Inc., Catalyst Solutions-Colorado, LLC, Freightlogix, LLC, KBU Logistics, Inc., Platinum Cargo Logistics, Inc., Rabit Transit, Debbie Smythe, Kelli Lynn Spiri. (Hoffman, Paul) (cxl). |
| Filing 48 RESPONSE in Opposition re #40 MOTION to Dismiss Motion of Defendant Kelli Lynn Spiri, Appearing Specially, to Dismiss Complaint Pursuant to Fed.R.Civ.P. 12(b)(5), 12(b)(2), and 4(m) filed by Platinum Logistics, Inc. (Attachments: #1 Exhibit A, #2 Declaration John K. Buche, #3 Declaration David Alvarez)(Buche, John) (knb). |
| Filing 47 AMENDED DOCUMENT by Platinum Cargo Logistics, Inc., Platinum Logistics, Inc.. Amendment to #43 Response in Opposition to Motion, Amended Declaration of Wobbrock. (Attachments: #1 Exhibit A-H)(Buche, John) (cxl). |
| Filing 46 REPLY to Response to Motion re #8 MOTION to Dismiss MOTION to Stay Action Pending Payment of Fees and Costs filed by ATL Freight Forwarders, LLC, Boss Platinum Corporation, LLC, Catalyst Solutions, Inc., Catalyst Solutions-Colorado, LLC, Freightlogix, LLC, Northwest Freight Services, Inc., Platinum Cargo Logistics, Inc., Rabit Transit, Debbie Smythe. (Hoffman, Paul) (cxl). |
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Filing 44
ORDER granting #14 Motion to File Documents Under Seal. Clerk to file #42 Seal Lodged Documents under seal. Signed by Judge Cathy Ann Bencivengo on 8/10/2015. (jah)
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| Filing 43 RESPONSE in Opposition re #8 MOTION to Dismiss MOTION to Stay Action Pending Payment of Fees and Costs filed by Platinum Cargo Logistics, Inc., Platinum Logistics, Inc.. (Attachments: #1 Exhibit 1, #2 Declaration of Wobbrock, #3 Exhibit A-C)(Buche, John) (cxl). |
| Filing 42 [FILED AS SEALED DOCUMENT ON 8/10/2015] SEALED LODGED Proposed Document re: #14 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Hoffman, Paul).Modified on 8/11/2015 - Duplicate Sealed Lodged Documents #41 (jah). (Main Document 42 replaced on 8/11/2015) (jah). Modified on 8/11/2015 - Added file date of lodgment (jah). |
| Filing 41 SEALED LODGED Proposed Document re: #14 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Hoffman, Paul). Modified on 8/11/2015 - Duplicate of Sealed Lodged Document #15 (jah). |
| Filing 40 MOTION to Dismiss Motion of Defendant Kelli Lynn Spiri, Appearing Specially, to Dismiss Complaint Pursuant to Fed.R.Civ.P. 12(b)(5), 12(b)(2), and 4(m) by ATL Freight Forwarders, LLC, Boss Platinum Corporation, LLC, Catalyst Solutions, Inc., Catalyst Solutions-Colorado, LLC, Freightlogix, LLC, KBU Logistics, Inc., Platinum Cargo Logistics, Inc., Rabit Transit, Debbie Smythe, Kelli Lynn Spiri. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit Exhibit A to Memorandum of Points and Authorities, #3 Declaration Declaration of R. Daniel Scheid, #4 Exhibit Exhibit B to Decl of R. Daniel Scheid, #5 Declaration Declaration of Kelli Frear (f/k/a Kelli Spiri), #6 Declaration Declaration of Kelly Thieman, #7 Proof of Service Proof of Electronic Service)(Hoffman, Paul)Attorney Paul A Hoffman added to party Boss Platinum Corporation, LLC(pty:dft), Attorney Paul A Hoffman added to party Rabit Transit(pty:dft), Attorney Paul A Hoffman added to party Kelli Lynn Spiri(pty:dft) (cxl). |
| Filing 39 ANSWER to #16 Answer to Complaint, Counterclaim by Platinum Logistics, Inc..(Buche, John)(cxl). |
| Filing 38 NOTICE of Joinder by Boss Platinum Corporation, LLC, Rabit Transit to the Motion to Dismiss or to Stay Action Pending Plaintiff's Payment of Fees and Costs Pursuant to Rule 41(a)(1)(B) and (d) (Flocken, John) (dlg). |
| Filing 37 ANSWER to #1 Complaint, with Jury Demand by Boss Platinum Corporation, LLC, Rabit Transit.(Flocken, John)Attorney John R. Flocken added to party Boss Platinum Corporation, LLC(pty:dft), Attorney John R. Flocken added to party Rabit Transit(pty:dft) (dlg). |
| Filing 36 SUMMONS Returned Executed by Platinum Logistics, Inc.. Rabit Transit served. (Buche, John) (dlg). |
| Filing 35 SUMMONS Returned Executed by Platinum Logistics, Inc.. KBU Logistics, Inc. served. (Buche, John) (dlg). |
| Filing 34 SUMMONS Returned Executed by Platinum Logistics, Inc.. Platinum Cargo Logistics, Inc. served. (Buche, John) (dlg). |
| Filing 33 SUMMONS Returned Executed by Platinum Logistics, Inc.. Kelli Lynn Spiri served. (Buche, John) (dlg). |
| Filing 32 NOTICE of Voluntary Dismissal by Platinum Logistics, Inc. of Defendant Northwest Freight Services, Inc. (Buche, John) (dlg). |
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Filing 31
ORDER Approving Pro Hac Vice as to R. Daniel Scheid. Signed by Judge Cynthia Bashant on 7/16/2015.(vam)
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| Filing 30 SUMMONS Returned Executed by Platinum Logistics, Inc.. Boss Platinum Corporation, LLC served. (Buche, John) (dlg). |
| Filing 29 ANSWER to #1 Complaint, with Jury Demand by Catalyst Solutions-Colorado, LLC, KBU Logistics, Inc..(Hoffman, Paul)Attorney Paul A Hoffman added to party Catalyst Solutions-Colorado, LLC(pty:dft), Attorney Paul A Hoffman added to party KBU Logistics, Inc.(pty:dft) (cxl). |
| Filing 28 NOTICE of Joinder by ATL Freight Forwarders, LLC, Catalyst Solutions, Inc., Catalyst Solutions-Colorado, LLC, Freightlogix, LLC, KBU Logistics, Inc., Platinum Cargo Logistics, Inc., Debbie Smythe re #8 MOTION to Dismiss MOTION to Stay Action Pending Payment of Fees and Costs (Hoffman, Paul) (cxl). |
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Filing 27
ORDER on Ex Parte Motion for Extension for Service of Complaint (Doc. No. #26 ). It is hereby ordered that Plaintiff's application for a 60 day extension to serve the remaining defendants is denied. Notwithstanding the foregoing, the Court will grant Plaintiff an additional ten days to complete service on all remaining defendants. Any defendants not served by July 27, 2015, will be dismissed. Fed. R.Civ. P. 4(m). Signed by Judge Cathy Ann Bencivengo on 7/20/2015. (cxl)
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| Filing 26 Ex Parte MOTION Extend Time to Serve Defendants by Platinum Logistics, Inc.. (Attachments: #1 Memo of Points and Authorities ISO Ex Parte Motion to Extend Time to Serve Defendants, #2 Exhibit for Memo ISO Ex Parte Motion, #3 Declaration of Mike Walker, #4 Declaration of John K. Buche, #5 Exhibit for Declaration of John K. Buche)(Buche, John) (cxl). |
| Filing 25 MINUTES: On July 16, 2015, this case was transferred to Judge Bencivengo pursuant to the low number rule. The court hereby confirms that the hearing date for the pending motion to dismiss or to stay (Doc. No. #8 ) REMAINS August 24, 2015. The motion will be taken under submission on the papers unless otherwise noticed.(cxl) |
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Filing 24
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Cathy Ann Bencivengo and Magistrate Judge Karen S. Crawford for all further proceedings. Judge Cynthia Bashant, Magistrate Judge Barbara Lynn Major no longer assigned to case. Create association to 3:13-cv-01819-CAB-KSC. The new case number is 15cv617-CAB(KSC). Signed by Judge Cynthia Bashant on 7/7/2015. Signed by Judge Cathy Ann Bencivengo on 7/2/2015. Modified on 7/16/2015 - Edited text. Regenerated NEF (jah).
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| Filing 23 SUMMONS Returned Executed by Platinum Cargo Logistics, Inc., Platinum Logistics, Inc.. ATL Freight Forwarders, LLC served. (Buche, John) (cxl). |
| Filing 22 SUMMONS Returned Executed by Platinum Cargo Logistics, Inc., Platinum Logistics, Inc.. Debbie Smythe served. (Buche, John) (cxl). |
| Filing 21 SUMMONS Returned Executed by Platinum Cargo Logistics, Inc., Platinum Logistics, Inc.. Freightlogix, LLC served. (Buche, John) (cxl). |
| Filing 20 SUMMONS Returned Executed by Platinum Cargo Logistics, Inc., Platinum Logistics, Inc.. Catalyst Solutions, Inc. served. (Buche, John) (cxl). |
| Filing 19 SUMMONS Returned Executed by Platinum Cargo Logistics, Inc., Platinum Logistics, Inc.. Catalyst Solutions-Colorado, LLC served. (Buche, John) (cxl). |
| Filing 18 SUMMONS Returned Executed by Platinum Cargo Logistics, Inc., Platinum Logistics, Inc.. ATL Freight Forwarders, LLC served. (Buche, John) (cxl). |
| Filing 17 NOTICE of Voluntary Dismissal of Defendant Expo Displays Caribbean, Inc. by Platinum Logistics, Inc. (Buche, John). Modified on 7/13/2015 - Proof of Service has s/ of different atty. QC Email sent re s/ signature policy (jah). |
| Filing 16 ANSWER to #1 Complaint, with Jury Demand, COUNTERCLAIM against Platinum Cargo Logistics, Inc. by Debbie Smythe, Platinum Cargo Logistics, Inc., Freightlogix, LLC, ATL Freight Forwarders, LLC, Catalyst Solutions, Inc..(Hoffman, Paul). (jah). |
| Filing 15 SEALED LODGED Proposed Document re: #14 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Hoffman, Paul). (jah). |
| Filing 14 MOTION to File Documents Under Seal (Hoffman, Paul). (jah). |
| Filing 13 NOTICE REGARDING EXHIBIT ATTACHMENT: Exhibit Z (Part 3 of 3) by ATL Freight Forwarders, LLC, Catalyst Solutions, Inc., Freightlogix, LLC, Platinum Cargo Logistics, Inc., Debbie Smythe. (Attachments: #1 Exhibit Z (Part 3 of 3))(Hoffman, Paul). Modified on 7/2/2015 - Wrong event, not a Motion. QC Email sent. Motoin and judge association termed (jah). |
| Filing 12 NOTICE REGARDING EXHIBIT ATTACHMENT: Exhibit Z (Part 2 of 3) by ATL Freight Forwarders, LLC, Catalyst Solutions, Inc., Freightlogix, LLC, Platinum Cargo Logistics, Inc., Debbie Smythe. (Attachments: #1 Exhibit Exhibit Z (Part 2 of 3))(Hoffman, Paul). Modified on 7/2/2015 - Wrong event, not a Motion. QC Email sent. Motion and judge association termed (jah). |
| Filing 11 NOTICE REGARDING EXHIBIT ATTACHMENT: Exhibits Y and Z (Part 1 of 3) by ATL Freight Forwarders, LLC, Catalyst Solutions, Inc., Freightlogix, LLC, Platinum Cargo Logistics, Inc., Debbie Smythe. (Attachments: #1 Exhibit Exhibit Y to Motion to Dismiss, #2 Exhibit Exhibit Z (Part 1 of 3) to Motion to Dismiss)(Hoffman, Paul). Modified on 7/2/2015 - Wrong event. QC Email sent. Motion and judge association termed (jah). |
| Filing 10 NOTICE REGARDING EXHIBIT ATTACHMENT: Exhibit V through X by ATL Freight Forwarders, LLC, Catalyst Solutions, Inc., Freightlogix, LLC, Platinum Cargo Logistics, Inc., Debbie Smythe. (Attachments: #1 Exhibit Exhibit V to Motion to Dismiss, #2 Exhibit Exhibit W to Motion to Dismiss, #3 Exhibit Exhibit X to Motion to Dismiss)(Hoffman, Paul). Modified on 7/2/2015 - Wrong event, not a Motion. QC Email sent. Motion and judge association termed (jah). |
| Filing 9 NOTICE REGARDING EXHIBIT ATTACHMENT: Exhibits A-1 through U by ATL Freight Forwarders, LLC, Catalyst Solutions, Inc., Freightlogix, LLC, Platinum Cargo Logistics, Inc., Debbie Smythe. (Attachments: #1 Exhibit Exhibit A-1 to Motion to Dismiss, #2 Exhibit Exhibit B to Motion to Dismiss, #3 Exhibit Exhibit C to Motion to Dismiss, #4 Exhibit Exhibit D to Motion to Dismiss, #5 Exhibit Exhibit E to Motion to Dismiss, #6 Exhibit Exhibit F to Motion to Dismiss, #7 Exhibit Exhibit G to Motion to Dimiss, #8 Exhibit Exhibit H to Motion to Dismiss, #9 Exhibit Exhibit I to Motion to Dismiss, #10 Exhibit Exhibit J to Motion to Dismiss, #11 Exhibit Exhibit K to Motion to Dismiss, #12 Exhibit Exhibit L to Motion to Dismiss, #13 Exhibit Exhibit M to Motion to Dismiss, #14 Exhibit Exhibit N to Motion to Dismiss, #15 Exhibit Exhibit O to Motion to Dismiss, #16 Exhibit Exhibit P to Motion to Dismiss, #17 Exhibit Exhibit Q to Motion to Dismiss, #18 Exhibit Exhibit R to Motion to Dismiss, #19 Exhibit Exhibit S to Motion to Dismiss, #20 Exhibit Exhibit T to Motion to Dismiss, #21 Exhibit Exhibit U to Motion to Dismiss)(Hoffman, Paul). Modified on 7/2/2015 - Wrong event, not a Motion. QC Email sent Motion and judge association termed (jah). |
| Filing 8 MOTION to Dismiss, MOTION to Stay Action Pending Payment of Fees and Costs by ATL Freight Forwarders, LLC, Catalyst Solutions, Inc., Freightlogix, LLC, Platinum Cargo Logistics, Inc., Debbie Smythe. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of R. Daniel Scheid, Esq.), #3 Supplement Index of Exhibits Re: Memorandum of Points and Authorities, #4 Exhibit A-1, #5 Exhibit B, #6 Exhibit Exhibit C in Support of Motion to Dismiss, #7 Exhibit D)(Hoffman, Paul). Attorney Paul A Hoffman added to party ATL Freight Forwarders, LLC(pty:dft), Attorney Paul A Hoffman added to party Catalyst Solutions, Inc.(pty:dft), Attorney Paul A Hoffman added to party Freightlogix, LLC(pty:dft), Attorney Paul A Hoffman added to party Platinum Cargo Logistics, Inc.(pty:dft), Attorney Paul A Hoffman added to party Debbie Smythe(pty:dft). Added MOTION to Stay on 7/2/2015 (jah). Modified on 7/2/2015 - Multi part motion, one part not filed. Added missing motion. Removed duplicate attachment descriptions and docket text (jah). |
| Filing 7 NOTICE OF RELATED CASE(S) by ATL Freight Forwarders, LLC, Catalyst Solutions, Inc., Freightlogix, LLC, Platinum Cargo Logistics, Inc., Debbie Smythe of case(s) 13-cv-01819-CAB-KSC and 12-cv-3013-CAB-KSC. (Hoffman, Paul). Modified on 7/2/2015 - Proposed Low Number Transfer prepared and forwarded (jah). |
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Filing 6
ORDER granting #5 Motion to Substitute Attorney. Court approves the substitution of Attorney John K. Buche for Platinum Logistics, Inc. in place of Attorney Bernard M Hansen. Signed by Judge Cynthia Bashant on 6/15/2015. (jah)
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| Filing 5 MOTION to Substitute Attorney by Platinum Logistics, Inc.. (Buche, John). Modified on 6/9/2015 - Edited text (jah). |
| Filing 4 NOTICE of Appearance by John K. Buche on behalf of Platinum Logistics, Inc. (Buche, John). Attorney John K. Buche added to party Platinum Logistics, Inc. (pty:pla). (jah). |
| 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. (fth)(jrd) |
| Filing 2 REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *4,173,794* (cc: USPTO)(fth)(jrd) |
| Filing 1 COMPLAINT With Jury Demand Against All Defendants (Filing fee $ 400 receipt number 0974-7908134.), filed by Platinum Logistics, Inc.. (Attachments: #1 Civil Cover Sheet)The new case number is 3:15-cv-00617-BAS-BLM. Judge Cynthia Bashant and Magistrate Judge Barbara Lynn Major are assigned to the case. (Hansen, Bernard)(fth)(Main Document 1 replaced on 3/19/2015; NEF regenerated.)(fth)(jrd) |
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