Some selected documents for this case are included below.
| Date Filed | # | Document Text |
|---|
| October 17, 2008 | 1 | Civil cover sheet. (kch1) |
| October 17, 2008 | 2 | COMPLAINT with JURY DEMAND filed by Aaron Clark. against Toys 'R Us, The Walt Disney Company, Jakks Pacific, Inc., Play Along Toys, KB Toys, Amazon.com. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K) (kch1) |
| October 20, 2008 | 3 |  ORDER OF RECUSAL. Edmund A Sargus recused. Case reassigned to George C Smith for all further proceedings. Signed by Edmund A Sargus on 10/20/08. (dh) |
| October 20, 2008 | 4 | AO 120 form mailed to US Patent and Trademark Office. (kch1) |
| October 20, 2008 | 5 | ORDER REASSIGNING CASE. Case reassigned to John D. Holschuh for all further proceedings. Signed by George C Smith on 10/20/08. (ss, ) |
| December 12, 2008 | 6 | NOTICE by Plaintiff Aaron Clark of Dismissal without prejudice against Defendant Amazon.com (Dickerson, Brian) |
| December 17, 2008 | 7 | MOTION for Leave to Appear Pro Hac Vice of Grant Kinsel for Defendants Toys 'R Us, The Walt Disney Company, Jakks Pacific, Inc., Play Along Toys, KB Toys. (Filing fee $ 200, receipt number 5803) (kch1) |
| December 17, 2008 | 8 | STIPULATION to Continue Response Date by Defendants Toys 'R Us, The Walt Disney Company, Jakks Pacific, Inc., Play Along Toys, KB Toys, Plaintiff Aaron Clark. (Dickerson, Brian) |
| December 18, 2008 | 9 | ORDER granting 7 Motion for Leave to Appear Pro Hac Vice of Grant Kinsel. Signed by Mark R. Abel on 12/18/08. (kch1) |
| January 2, 2009 | 10 | NOTICE by Defendants Toys 'R Us, The Walt Disney Company, Jakks Pacific, Inc., Play Along Toys, KB Toys SUGGESTION OF BANKRUPTCY STAY (Attachments: # 1 Exhibit 1) (Kinsel, Grant) |
| January 2, 2009 | 11 | MOTION to Dismiss by Defendants Toys 'R Us, Jakks Pacific, Inc., and Play Along Toys. Responses due by 1/26/2009 (Attachments: # 1 Affidavit Declaration of Grant Kinsel, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5) (Kinsel, Grant) Modified on 1/21/2009 to correct filers. (kch1) THIS MOTION GRANTED WITH RESPECT TO PLAINTIFF'S CLAIMS OF FALSE DESIGNATION OF ORIGIN AND DECEPTIVE TRADE PRACTICES. WITH RESPECT TO PLAINTIFF'S CLAIM OF PATENT INFRINGEMENT, THE COURT CONVERTS THIS MOTION INTO A MOTION FOR SUMMARY JUDGEMENT. 6/19/09-SEE DOC #48. |
| January 2, 2009 | 12 | MOTION re 11 MOTION to Dismiss REQUEST FOR JUDICAL NOTICE by Defendants Toys 'R Us, The Walt Disney Company, Jakks Pacific, Inc., Play Along Toys, KB Toys. (Kinsel, Grant) |
| January 8, 2009 | 13 | Unopposed MOTION for Extension of Time New date requested 1/30/2009. To Respond to Defendants Jakks Pacific., Play Along Toys, and Toys 'R Us' Motion to Dismiss by Plaintiff Aaron Clark. (Attachments: # 1 Exhibit A) (Dickerson, Brian) |
| January 9, 2009 | 14 | ORDER granting # 13 Motion for Extension of Time. Plaintiffs memorandum contra due 1/30/09. Signed by Mark R. Abel on 1/09/09. (rew ) |
| January 15, 2009 | 15 | NOTICE of Hearing: Preliminary Pretrial Conference set for 2/5/2009 @ 10:30 AM before Mark R. Abel. Conf of the parties due 1/22/09; Rule 26f Report of the parties due 1/29/09. (sh1, ) |
| January 23, 2009 | 16 | MOTION to Dismiss for Lack of Jurisdiction by Defendant The Walt Disney Company. Responses due by 2/17/2009 (Attachments: # 1 Affidavit Reed Decl In Support of Mtn to Dismiss) (Kinsel, Grant) |
| January 29, 2009 | 17 | RULE 26(f) REPORT of Parties by Plaintiff Aaron Clark. (Dickerson, Brian) |
| January 30, 2009 | 18 | MOTION to Strike 11 MOTION to Dismiss Declaration of Grant Kinsel Filed in Support of and Attached to Defendants' Motion to Dismiss by Plaintiff Aaron Clark. Responses due by 1/30/2009 (Dickerson, Brian) |
| January 30, 2009 | 19 | RESPONSE in Opposition re 11 MOTION to Dismiss Defendant Jakks Pacific, Inc., Play Along Toys and Toys "R" Us' Motion to Dismiss filed by Plaintiff Aaron Clark. (Dickerson, Brian) |
| February 6, 2009 | 20 | PRELIMINARY PRETRIAL ORDER: Rule 26(a)(1) Disclosures due by 2/19/2009. Signed by Mark R. Abel on 2/06/09. (rew ) |
| February 9, 2009 | 21 | NOTICE of Voluntary Dismissal by Plaintiff Aaron Clark (Dickerson, Brian) |
| February 10, 2009 | 23 | RESPONSE in Opposition re 18 MOTION to Strike 11 MOTION to Dismiss Declaration of Grant Kinsel Filed in Support of and Attached to Defendants' Motion to Dismiss filed by Defendants Toys 'R Us, Jakks Pacific, Inc., Play Along Toys. (Kinsel, Grant) |
| February 10, 2009 | 24 | REPLY to Response to Motion re 11 MOTION to Dismiss filed by Defendants Toys 'R Us, Jakks Pacific, Inc and Play Along Toys. (kch1) |
| February 13, 2009 | 25 | RESPONSE in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Aaron Clark. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit A-4, # 5 Exhibit A-5, # 6 Exhibit A-6, # 7 Exhibit A-7, # 8 Exhibit A-8, # 9 Exhibit B-1, # 10 Exhibit B-2, # 11 Exhibit B-3, # 12 Exhibit B-4, # 13 Exhibit B-5, # 14 Exhibit B-6, # 15 Exhibit B-7, # 16 Exhibit B-8, # 17 Exhibit B-9, # 18 Exhibit B-10, # 19 Exhibit C, # 20 Exhibit D, # 21 Exhibit E) (Dickerson, Brian) |
| February 13, 2009 | 26 | MOTION for Leave to File First Amended Complaint, Instanter by Plaintiff Aaron Clark. (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibit Exhibit A to Amended Complaint, # 3 Exhibit Exhibit B to Amended Complaint, # 4 Exhibit Exhibit C to Amended Complaint, # 5 Exhibit Exhibit D to Amended Complaint, # 6 Exhibit Exhibit E to Amended Complaint, # 7 Exhibit Exhibit F to Amended Complaint, # 8 Exhibit Exhibit G to Amended Complaint, # 9 Exhibit Exhibit H to Amended Complaint, # 10 Exhibit Exhibit I to Amended Complaint, # 11 Exhibit Exhibit J to Amended Complaint, # 12 Exhibit Exhibit K to Amended Complaint, # 13 Exhibit Exhibit L to Amended Complaint) (Dickerson, Brian) |
| February 17, 2009 | 27 | ORDER granting 26 Motion for Leave to File first Amended Complaint and its exhibits. Signed by Magistrate Judge Mark R. Abel on 2/17/09. (rew ) |
| February 17, 2009 | 28 | AMENDED COMPLAINT against Toys 'R Us, The Walt Disney Company, Jakks Pacific, Inc., Play Along Toys, KB Toys, Disney Interactive Media Group, Disney Online, BabyUniverse Inc, Etoys Direct Inc filed by Aaron Clark. (rew ) |
| February 19, 2009 | 29 | NOTICE of Filing Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1) by Plaintiff Aaron Clark. (Dickerson, Brian) Modified on 2/23/2009 to modify text. (kch1) |
| February 19, 2009 | 30 | NOTICE of Service of Initial Disclosures by Defendamt JAKKS Pacific, Inc. (Kinsel, Grant) Modified on 2/23/2009 to modify text. (kch1) |
| February 19, 2009 | 31 | NOTICE of Service of Initial Disclosures by Defendant Play Along Toys. (Kinsel, Grant) Modified on 2/23/2009 to modify text. (kch1) |
| February 19, 2009 | 32 | NOTICE of Service of Initial Disclosures by Defendant Toys "R" Us, Inc. (Kinsel, Grant) Modified on 2/23/2009 to modify text. (kch1) |
| February 20, 2009 | 33 | REPLY to Response to Motion re 18 MOTION to Strike 11 MOTION to Dismiss Declaration of Grant Kinsel Filed in Support of and Attached to Defendants' Motion to Dismiss and Reply Memorandum in Support of Motion to Take Judicial Notice filed by Plaintiff Aaron Clark. (Dickerson, Brian) |
| February 24, 2009 | 34 | REPLY to Response to Motion re 16 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant The Walt Disney Company. (Attachments: # 1 Affidavit of David Thompson in Support, # 2 Exhibit A to Thompson Declaration, # 3 Exhibit B to Thompson Declaration) (Kinsel, Grant) |
| February 24, 2009 | 35 | MOTION for Leave to appear Pro Hac Vice of Lori V. Minassian on behalf of Defendants Toys 'R Us, The Walt Disney Company, Jakks Pacific, Inc., Play Along Toys, KB Toys. Filing fee $ 200, receipt number 6654) (rew ) |
| April 8, 2009 | 36 | ORDER granting 35 Motion for Leave to Appear Pro Hac Vice of Lori V. Minassian. Signed by Magistrate Judge Mark R. Abel on 4/8/09. (kch1) |
| April 14, 2009 | 37 | Discovery Conference Order. Signed by Magistrate Judge Mark R. Abel on 4/14/09. (rew ) |
| April 15, 2009 | 38 | ORDER denying 18 Motion to Strike the declaration of Grant Kinsel Filed in Support of Defendants Motion to Dismiss. Signed by Magistrate Judge Mark R. Abel on 4/15/09. (rew ) |
| April 15, 2009 | 39 | MOTION for Leave to Appear Pro Hac Vice of Michael J Song by Defendants Toys 'R Us, The Walt Disney Company, Jakks Pacific, Inc., Play Along Toys, KB Toys. (Filing fee $ 200, receipt number 7297) (rew ) |
| April 16, 2009 | 40 | ORDER granting 39 Motion for attorney Michale J Song to appear Pro Hac Vice of on behalf of defendants Toys 'R Us, The Walt Disney Company, Jakks Pacific, Inc., Play Along Toys, KB Toys. Signed by Magistrate Judge Mark R. Abel on 4/16/09. (rew ) |
| April 20, 2009 | 41 | Discovery Conference Order: It is ORDERED that plaintiffs counsel go back and talk with their client about any documents in his possession or within his control that would help him remember when he first offered a Covered Product for sale and when he first sold one or which would assist counsel and the court with determining those dates. Signed by Magistrate Judge Mark R. Abel on 4/20/09. (rew ) |
| May 1, 2009 | 42 | NOTICE of Voluntary Dismissal by Plaintiff Aaron Clark (Dickerson, Brian) |
| May 1, 2009 | 43 | MOTION for Leave to File Second Amended Complaint by Plaintiff Aaron Clark. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J, # 12 Exhibit Exhibit K, # 13 Exhibit Exhibit L, # 14 Exhibit Exhibit M) (Dickerson, Brian) |
| May 6, 2009 | 44 | ORDER granting 43 Motion for Leave to File second amended complaint. Signed by Magistrate Judge Mark R. Abel on 5/06/09. (rew ) |
| May 7, 2009 | 45 | AMENDED COMPLAINT Second Amended Complaint against all defendants, filed by Aaron Clark. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M) (Dickerson, Brian) |
| May 18, 2009 | 46 | MOTION to Dismiss for Failure to Join a Necessary and Indispensable Party by Defendants Toys 'R Us, Jakks Pacific, Inc., Play Along Toys. Responses due by 6/11/2009 (Attachments: # 1 Affidavit Decl of M. Song, # 2 Exhibit 1 to Decl of M. Song, # 3 Exhibit 2 to Decl of M. Song, # 4 Exhibit 3 to Decl of M. Song, # 5 Text of Proposed Order) (Song, Michael) |
| May 27, 2009 | 47 | MOTION for Leave to File Third Amended Complaint by Plaintiff Aaron Clark. (Attachments: # 1 Exhibit Third Amended Complaint, # 2 Exhibit A to Third Amended Complaint, # 3 Exhibit B to Third Amended Complaint, # 4 Exhibit C to Third Amended Complaint, # 5 Exhibit D to Third Amended Complaint, # 6 Exhibit E to Third Amended Complaint, # 7 Exhibit F to Third Amended Complaint, # 8 Exhibit G to Third Amended Complaint, # 9 Exhibit H to Third Amended Complaint, # 10 Exhibit I to Third Amended Complaint, # 11 Exhibit J to Third Amended Complaint, # 12 Exhibit K to Third Amended Complaint, # 13 Exhibit L to Third Amended Complaint, # 14 Exhibit M to Third Amended Complaint) (Dickerson, Brian) |
| June 19, 2009 | 48 | MEMORANDUM OPINION & ORDER Granting in part and Denying in part 12 dfts' Motion to take judicial notice. Dfts' motion to dismiss 11 is Granted in part. Signed by Judge John D. Holschuh on 6/19/09. (Attachments: # 1 Exhs A & B) (sln ) |
| June 22, 2009 | 49 | MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss, 48 Order on Motion for Miscellaneous Relief New date requested 9/3/2009. Motion for Extension of Time to Submit Additional Briefing in Response to Defendants' Pending Motion for Summary Judgment on Plaintiff's Patent Infringement Claim by Plaintiff Aaron Clark. (Attachments: # 1 Exhibit A Proposed Order) (Dickerson, Brian) |
| July 7, 2009 | 50 | ORDER granting 47 Motion for Leave to File; a third amended complaint and denying 49 Motion for Extension of Time to File Response. Signed by Magistrate Judge Mark R. Abel on 7/07/09. (rew ) |
| July 8, 2009 | 51 | AMENDED COMPLAINT Third Amended Complaint against all defendants, filed by all plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M) (Dickerson, Brian) |
| July 9, 2009 | 52 | ORDER Denying 16 TWDC's Motion to Dismiss for Lack of Jurisdiction. Signed by Judge John D. Holschuh on 7/9/09. (sln) |
| July 9, 2009 | 53 | ORDER rendering Moot 46 Motion to Dismiss for Failure to Join a Necessary and Indispensable Party filed by dfts' Jakks Pacific, Inc., Play Along Toys, and Toys R Us. Signed by Judge John D. Holschuh on 7/9/09. (sln ) |
| August 3, 2009 | 54 | Supplemental Memorandum Opposing re 11 MOTION to Dismiss Plaintiffs' Memorandum in Opposition to Defendants JAKKS Pacific, Inc., Play Along Toys and Toys "R" Us' Motion for Summary Judgment filed by Plaintiffs John Peirano, Aaron Clark. (Attachments: # 1 Exhibit A, # 2 Appendix A, # 3 Appendix B, # 4 Appendix C, # 5 Appendix D, # 6 Appendix E, # 7 Appendix F, # 8 Appendix G, # 9 Appendix H, # 10 Appendix I, # 11 Exhibit B, # 12 Exhibit C, # 13 Exhibit D, # 14 Exhibit E, # 15 Exhibit F, # 16 Exhibit G) (Dickerson, Brian) |
| August 24, 2009 | 55 | Supplemental Memorandum Supporting re 11 MOTION to Dismiss converted to Motion for Summary Judgment by the Court filed by Defendants Toys 'R Us, Disney shopping Inc, Jakks Pacific, Inc., Play Along Toys. (Attachments: # 1 Declaration of Michael Song, # 2 Exhibit 1, # 3 Exhibit 2) (Kinsel, Grant) |
| August 24, 2009 | 56 | MOTION to Strike 54 Supplemental - Opposing,, DECLARATION OF ELLEN M. SHAPIRO by Defendants Toys 'R Us, The Walt Disney Company, Jakks Pacific, Inc., Play Along Toys, KB Toys. (Kinsel, Grant) |
| September 9, 2009 | 57 | Unopposed MOTION for Extension of Time to Complete Discovery New date requested 9/30/2009. by Plaintiff Aaron Clark. (Attachments: # 1 Text of Proposed Order) (Dickerson, Brian) |
| September 10, 2009 | 58 | ORDER granting 57 Motion for Extension of Time to Complete Discovery. Discovery extended until 9/30/09. Plaintiffs voluntarily dismiss on all claims against TWDC due 9/30/09. TWDC shall have until 10/14/09 to file a renewed motion to dismiss for lack of personal jurisdiction. Signed by Magistrate Judge Mark R. Abel on 9/10/09. (rew ) |
| September 14, 2009 | 59 | RESPONSE in Opposition re 56 MOTION to Strike 54 Supplemental - Opposing,, DECLARATION OF ELLEN M. SHAPIRO filed by Plaintiffs Aaron Clark, John Peirano. (Attachments: # 1 Exhibit Exhibit A) (Dickerson, Brian) |
| September 15, 2009 | 60 | NOTICE of Appearance by Brian Edward Dickerson Plaintiffs Aaron Clark, John Peirano (Dickerson, Brian) |
| September 21, 2009 | 61 | Discovery Conference Order: Order in reference to Discovery Conference. Signed by Magistrate Judge Mark R. Abel on 9/21/09. (rew) |
| September 21, 2009 | 62 | STIPULATION of Dismissal Without Prejudice by Plaintiffs Aaron Clark, John Peirano. (Dickerson, Brian) |
| October 7, 2009 | 63 | MOTION for Sanctions PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 11 by Defendants Disney shopping Inc, Jakks Pacific, Inc., Play Along Toys, Toys 'R Us. (Attachments: # 1 Affidavit, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Text of Proposed Order) (Kinsel, Grant) |
| October 9, 2009 | 64 | MEMORANDUM OPINION & ORDER Granting 56 Dfts' Motion to Strike Ellen Shapiro's Declaration ; Granting 11 Dfts' Motion for Summary Judgment with Respect to the Patent Infringement Claim. Signed by Judge John D. Holschuh on 10/9/09. (sln1) |
| October 9, 2009 | 65 | JUDGMENT in favor of the defendants pursuant to the 10/9/09 Memorandum Opinion & Order. Signed by Judge John D. Holschuh on 10/9/09. (sln) |
| October 19, 2009 | 66 | STIPULATION REGARDING SUPPLEMENTAL ATTORNEYS' FEES BRIEFING by Plaintiffs Aaron Clark, John Peirano, Defendant Jakks Pacific, Inc.. (Kinsel, Grant) |
| November 10, 2009 | 67 | BILL OF COSTS by Defendant Jakks Pacific, Inc.. (Kinsel, Grant) |
| November 10, 2009 | 68 | Supplemental MOTION for Attorney Fees Pursuant To 35 U.S.C.§285 And 28 U.S.C§§1927 And 1961 by Defendant Jakks Pacific, Inc.. (Attachments: # 1 Declaration) (Kinsel, Grant) |
| November 10, 2009 | 69 | NOTICE to Counsel re 67 Bill of Costs: Memoranda Contra by Plaintiffs due 12/1/2009; Defendants Reply in Support due 12/14/2009. (ddo1) |