United States of America v. Gear Box Z Incorporated
| United States of America |
| Gear Box Z Incorporated |
| Specialty Equipment Market Association |
| 3:2020cv08003 |
| January 3, 2020 |
| US District Court for the District of Arizona |
| John J Tuchi |
| Other Statutes: Environmental Matters |
| None |
Docket Report
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This docket was last retrieved on January 11, 2022. A more recent docket listing may be available from PACER.
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| Disbursement made in accordance with #129 Order on Motion for Disbursement of Funds payable to US Department of Justice in the amount of $2,500.04, check number 32674324.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AMN) |
Filing 129
ORDER granting #128 Motion for Disbursement of Funds. Consistent with Paragraphs 9.a.i and 9.a.ii of the Consent Decree (Doc. #123 ), notwithstanding the typographical error referencing $10,000 in Paragraph 9.a.ii, and the Court's Order authorizing deposit of the funds (Doc. #125 ), the $2,500 that the Defendants paid into the CRIS (and all accrued interest on that deposit) shall be disbursed to the United States after entry of this Order. The Clerk is directed to make the payment to the order of the United States Department of Justice and reference DJ Case number 90-5-2-1-12138, United States v. Gear Box Z, Inc. See document for complete details. Signed by Judge John J Tuchi on 1/4/2022. (WLP)
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| Filing 128 MOTION for Disbursement of Funds by United States of America. (Attachments: #1 Proposed Order Authorizing Disbursement of Funds)(Ellis, Steven) |
| Filing 127 *Document was filed in the wrong case. All docket text associated with the entry has been removed on 12/13/2021 (WLP) |
| Filing 126 NOTICE re: Notice of Deposit by Gear Box Z Incorporated . (Attachments: #1 Exhibit Court Order, #2 Exhibit Check 115026241)(Barlow, Matthew) |
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Filing 125
ORDER granting the Joint Motion to Authorize Deposit of Funds into Court Registry Account (Doc. #124 ). Pursuant to Fed. R. Civ. P. 67, the Clerk of the Court shall accept a payment or payments by the Defendant or the GBZ Owners, totaling $2,500 into the Court Registry Account that is required as part of a proposed Consent Decree between the Parties. The payments or payments shall all be made no later than 10 days following entry of this Order. Signed by Judge John J. Tuchi on 11/24/21. (NKS)
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| Filing 124 Joint MOTION to Deposit Funds into Court Registry Account by United States of America. (Attachments: #1 Proposed Order Authorizing Deposit of Funds into Court Registry Account)(Ellis, Steven) |
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Filing 123
CONSENT DECREE - NOW, THEREFORE, with the consent of the parties, it is hereby ADJUDGED, ORDERED, AND DECREED as follows: Defendant and the GBZ Owners shall pay the total civil penalty amount of $10,000 in four installments. The Parties shall bear their own costs of this action, including attorneys' fees, except that the United States shall be entitled to collect the costs (including attorneys fees) incurred in any action to enforce this Consent Decree or to collect any portion of the civil penalties or any stipulated penalties due but not paid by Defendant and the GBZ Owners. (See document for further details). Signed by Judge John J Tuchi on 11/15/2021. (LAD)
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Filing 122
ORDER - IT IS HEREBY ORDERED granting United States' Motion to Enter Consent Decree (Doc. #121 ). The Clerk is directed to file the Consent Decree provided as a separate filing. IT IS FURTHER ORDERED lifting the Stay previously ordered at Doc. #118 . IT IS FURTHER ORDERED directing the Clerk to terminate this matter. Signed by Judge John J Tuchi on 11/15/2021. (LAD)
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| Filing 121 MOTION to Approve Consent Judgment (Unopposed) by United States of America. (Attachments: #1 Attachment Memorandum in Support of United States' Proposed Motion to Enter Consent Decree, #2 Proposed Order)(Ellis, Steven) |
| Filing 120 NOTICE re: Notice of Lodging of Consent Decree by United States of America . (Attachments: #1 Attachment Proposed Consent Decree)(Ellis, Steven) |
| Filing 119 NOTICE re: of Postponement of Deposition of Susie Barlow by United States of America re: #115 Notice of Deposition . (Kamons, Rachael) |
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Filing 118
ORDER - IT IS HEREBY ORDERED granting the Parties' Joint Motion to Stay Case (Doc. #117 ) and extending scheduling deadlines as follows: Discovery due by 4/25/2022. Dispositive motions due by 5/23/2022. IT IS FURTHER ORDERED that either Party may revoke the Stay upon 15 days' written notice to the Court and served on the other Party. If a Party revokes the Stay, the deadlines set forth in the previous Scheduling Order (Doc. #65 ) shall be extended by the number of days that the Stay was effective, including the 15-day notice period, and in compliance with Fed. R. Civ. P. 6(a)(1). The Party revoking the Stay shall submit a proposed Order setting forth the new deadlines. (See document for further details). Signed by Judge John J Tuchi on 6/3/2021. (LAD)
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| Filing 117 Joint MOTION to Stay re: #28 Scheduling Order, #65 Order on Motion for Extension of Time by United States of America. (Attachments: #1 Text of Proposed Order)(Kamons, Rachael) |
| Filing 116 NOTICE re: of Postponement of Depositions of Jerry Black, James Black, and Pamela Dutson by United States of America re: #115 Notice of Deposition . (Kamons, Rachael) |
| Filing 115 NOTICE of Deposition of Jerry Black, James Black, Pamela Dutson, Susie Barlow, and Gear Box Z, Inc., filed by United States of America. (Kamons, Rachael) |
| Filing 114 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of IN-COURT ZOOM HEARING proceedings held on 04/09/2021, before Judge JOHN J. TUCHI. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/10/2021. Redacted Transcript Deadline set for 5/20/2021. Release of Transcript Restriction set for 7/19/2021. (RAP) |
| Filing 113 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Gear Box Z Incorporated. (Barlow, Matthew) |
| Filing 112 TRANSCRIPT REQUEST by United States of America for proceedings held on 04/09/2021, Judge John J Tuchi hearing judge(s). (Ellis, Steven) |
| Filing 111 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Zoom In-Court Hearing held on 4/9/2021. Discussion held re: the Government's Notice of Defendant's Failure to Comply with Preliminary Injunction and Request for Expedited Hearing (Doc. #108 ). Jerry Black, part owner and executive of Defendant, is questioned under oath. As stated on the record, IT IS ORDERED that starting May 1, 2021 and then the 1st of every month thereafter until this case is adjudicated Defendant must file, with the Government, monthly statements with a signed certification form. The Government shall send the proposed certification form to be used to Defendant by no later than 4/16/2021. IT IS FURTHER ORDERED that Defendant's response to the Government's Compliance Report Regarding Defendant's Compliance with the Court's February 1, 2021 Order (Doc. #110 ) is due by no later than 4/19/2021. ZOOM APPEARANCES: Stefan Bachman, Steven Ellis, Rachael Kamons, Elizabeth Loeb, Rose Galer, Denise Long and Ryan Bickmore for Plaintiff. Matthew Barlow for Defendant with Representative Jerry Black. (Court Reporter Elaine Cropper.) Hearing held 9:02 AM to 10:04 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) |
| Filing 110 REPORT of (Supplemental) Regarding Defendant's Compliance with the Court's Feb. 1, 2021 Order re: #99 , #66 by Plaintiff United States of America. (Attachments: #1 Affidavit Declaration of Rose Galer, #2 Exhibit Galer Declaration Exhibit 1, #3 Exhibit Galer Declaration Exhibit 2, #4 Exhibit Galer Declaration Exhibit 3)(Kamons, Rachael) |
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Filing 109
ORDER: IT IS ORDERED granting Plaintiff's Request/Motion for Expedited Hearing (Doc. #108 ). IT IS FURTHER ORDERED setting a Zoom hearing on April 9, 2021, at 9:00 AM (Arizona Time) in Courtroom 505, 401 W. Washington Street, Phoenix, AZ 85003 before Judge John J. Tuchi. A representative from Defendant Gear Box Z must attend the hearing via Zoom and be prepared to answer questions about the company's compliance with the Court's Preliminary Injunctive Order. Chambers will e-mail Zoom instructions to counsel. (See attached Order for complete details). Signed by Judge John J Tuchi on 4/2/2021. (JAMA)
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| Filing 108 * NOTICE of Defendant's Failure to Comply with Preliminary Injunction and MOTION (Request) for Expedited Hearing by United States of America . (Attachments: #1 Affidavit Attachment 1: Declaration of Rose Galer, #2 Exhibit A: Email from United States to Defendant, March 26, 2021, #3 Exhibit B: Emails from eBay to Defendant, #4 Exhibit C: Listings of Products Prohibited Under Attachment A to Preliminary Injunction, #5 Exhibit D: eBay Member User History, #6 Exhibit E: eBay Search Results For Seller "tods2022", #7 Text of Proposed Order)(Ellis, Steven) * Modified to correct event; attorney noticed on 4/2/2021 (LAD). |
| Filing 107 NOTICE OF ATTORNEY APPEARANCE: Stefan J. Bachman appearing for United States of America. . (Bachman, Stefan) |
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Filing 106
ORDER - IT IS ORDERED granting Plaintiff United States of America's Motion for Preliminary Injunction (Doc. #37 ).IT IS FURTHER ORDERED that, until the Court rules on the merits of this lawsuit, Defendant Gear Box Z, Inc., and all persons acting for or on its behalf, are hereby enjoined from (1) selling, offering for sale, or transferring any products or components listed in Attachment A to this Order, or any materially similar products; and (2) selling, offering for sale, or transferring any intellectual property associated with the products listed in Attachment A to this Order, or any materially similar products. (See document for further details). Signed by Judge John J Tuchi on 3/17/2021. (LAD)
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| Filing 105 RESPONSE re: #89 Brief (Non Appeal) by Plaintiff United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(SST) |
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Filing 104
ORDER: IT IS HEREBY ORDERED granting the Unopposed Motion of the United States for Extension of Page Limit to File Its Response to Amicus Brief (Doc. #101 ). IT IS FURTHERED that the United States is permitted to exceed the 17 page limit to no more than a total of 33 pages (including the caption and signature) for its Response to the Amicus Brief filed by Specialty Equipment Market Association (Doc. #89 ). IT IS FURTHER ORDERED directing the Clerk of Court to file on the docket the document lodged at Document #102 . Signed by Judge John J Tuchi on 3/8/21. (SST)
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| Filing 103 RESPONSE by Defendant Gear Box Z Incorporated. (Barlow, Matthew) |
| Filing 102 *FILED at Doc. #105 pursuant to Order #104 . LODGED Proposed Proposed United States' Response to Amicus Brief re: #101 MOTION for Leave to File Excess Pages for Motion (Unopposed). Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by United States of America. (Attachments: #1 Exhibit A: Motor Vehicle Emission Control Vehicle Exclusion Fact Sheet, #2 Exhibit B: 2015 SEMA Show Presentation, #3 Exhibit C: 2010 SEMA Show Presentation, #4 Exhibit D: 2008 SEMA Show Presentation, #5 Exhibit E: Exhibits from Preliminary Injunction Hearing (pf. exs. 4, 23, 24, 29, 31 and 52) (PII redacted), #6 Exhibit F: Screen Capture of Pages from Ebay, Amazon, and Third-Party Sellers of GBZ Products)(Ellis, Steven) Modified on 3/8/2021 (SST). |
| Filing 101 MOTION for Leave to File Excess Pages for Motion (Unopposed) by United States of America. (Attachments: #1 Text of Proposed Order)(Ellis, Steven) |
| Filing 100 RESPONSE re: #99 Report - Status by Defendant Gear Box Z Incorporated. (Barlow, Matthew) |
| Filing 99 STATUS REPORT Regarding Defendant's Compliance with the Court's February 1, 2021 Discovery Order by United States of America. (Attachments: #1 Appendix Defendant's Disclosures Pursuant to Court Order)(Ellis, Steven) |
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Filing 98
ORDER: IT IS HEREBY ORDERED granting the "Unopposed Motion of the United States for Extension of Time to File a Response to the Amicus Curiae Brief" (Doc. #96 ). IT IS FURTHER ORDERED that the due date for the parties to file their respective responses to the Amicus Curiae Brief filed by Amicus Curiae SEMA, (Doc. #89 ), until 4:00 PM MT on March 5, 2021. Signed by Judge John J Tuchi on 3/1/2021. (JAMA)
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| Filing 97 Additional Attachments to Main Document re: #96 First MOTION for Extension of Time to File a Response to Amicus Curiae Brief (Unopposed) . Proposed Order by Plaintiff United States of America. (Ellis, Steven) |
| Filing 96 First MOTION for Extension of Time to File a Response to Amicus Curiae Brief (Unopposed) by United States of America. (Ellis, Steven) |
| Filing 94 TRANSCRIPT REQUEST (3rd PARTY) by Tina Helble of Hogan Lovells US LLP for proceedings held on 02/17/2021, Judge John J Tuchi hearing judge(s). (RAP) |
| Filing 93 TRANSCRIPT REQUEST (3rd PARTY) by Lacy Kicer of LexisNexis CourtLink Document Retrieval for proceedings held on 02/17/2021, Judge John J Tuchi hearing judge(s). (RAP) |
| Remark: Pro hac vice motion(s) granted for Justin A Savage on behalf of Amicus Specialty Equipment Market Association. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 95 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRELIMINARY INJUNCTION HEARING VIA ZOOM proceedings held on 02/17/2021, before Judge JOHN J. TUCHI. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/15/2021. Redacted Transcript Deadline set for 3/24/2021. Release of Transcript Restriction set for 5/24/2021. (RAP) |
| Filing 92 TRANSCRIPT REQUEST by Gear Box Z Incorporated for proceedings held on 2/17/2021, Judge John J Tuchi hearing judge(s). (Barlow, Matthew) |
| Filing 91 TRANSCRIPT REQUEST by United States of America for proceedings held on 02/17/2021, Judge John J Tuchi hearing judge(s). (Ellis, Steven) |
| Remark: Pro hac vice motion(s) granted for David Peter Goch on behalf of Amicus Specialty Equipment Market Association. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 90 Witness List re: Preliminary Injunction Hearing. (WLP) |
| Filing 89 AMICUS CURIAE BRIEF by Amicus Specialty Equipment Market Association. (Attachments: #1 Exhibit A) (LAD) |
| Filing 88 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Preliminary Injunction Hearing held on 2/17/2021. Evidence entered. IT IS ORDERED taking this matter under advisement. Formal order to follow. IT IS FURTHER ORDERED granting the Motion for Leave to File Amicus Brief in Support of Defendant (Doc. #80 ). IT IS FURTHER ORDERED that responses are due by 5:00 p.m. on 3/1/2021. There shall be no right of reply. (See Attachment). (Court Reporter Elaine Cropper.) Hearing held 9:11 AM to 3:23 PM.(JAMA) |
| Remark: Pro hac vice motion(s) granted for Samuel Boxerman on behalf of Amicus Specialty Equipment Market Association. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 87 NOTICE TO FILER OF DEFICIENCY re: #85 Notice of Service of Responses to Mandatory Initial Discovery filed by Gear Box Z Incorporated. Document not incompliance with General Order 17-08, page 3, paragraph 7: "Unless the Court orders otherwise, initial responses and later supplements shall not be filed with the Court, but Parties shall file a notice of service of their initial responses and later supplements." No further action is required. It is not necessary to refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LAD) |
| Filing 86 RESPONSE to Motion re: #80 MOTION for Leave to File Amicus Brief filed by United States of America. (Ellis, Steven) |
| Filing 85 * NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Gear Box Z Incorporated. (Barlow, Matthew) * Document not in compliance with General Order 17-08; attorney noticed on 2/17/2021 (LAD). |
| Filing 84 TRANSCRIPT REQUEST Amended Request of Docket No. 81 by United States of America for proceedings held on 02/17/2021, Judge John J Tuchi hearing judge(s). (Ellis, Steven) |
| Filing 83 NOTICE OF ATTORNEY APPEARANCE: Elizabeth Loeb appearing for United States of America. . (Ellis, Steven) |
| Filing 82 NOTICE of Errata re: #37 MOTION for Preliminary Injunction and Memorandum in Support , Doc 37-3, Declaration of Mario Jorquera by Plaintiff United States of America. (Attachments: #1 Appendix Resume of Expert Witness Mario Jorquera)(Ellis, Steven) |
| Filing 81 TRANSCRIPT REQUEST for Preliminary Injunction Hearing (Real Time Feed) by United States of America for proceedings held on 02/17/2021, Judge John J Tuchi hearing judge(s). (Ellis, Steven) |
| Filing 80 * MOTION for Leave to File Amicus Brief in Support of Defendant by Specialty Equipment Market Association. (Attachments: #1 Text of Proposed Order)(Flyer, Aaron) *Modified to correct event on 2/16/2021 (SLQ). |
| Filing 79 Corporate Disclosure Statement by Specialty Equipment Market Association. (Flyer, Aaron) |
| Filing 78 * (Filed at Doc. #89 ) LODGED Proposed Notice of Lodging Proposed Amicus Brief re: #80 MOTION for Leave to File Amicus Brief in Support of Defendant . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Specialty Equipment Market Association. (Attachments: #1 Exhibit A - SEMA Lodged Amicus Brief)(Flyer, Aaron) *Modified to correct document link on 2/16/2021 (SLQ). Modified on 2/17/2021 (LAD). |
| Filing 77 *INCORRECT DOCUMENT ATTACHED* MOTION for Leave to File Amicus Brief in Support of Defendant by Specialty Equipment Market Association. (Attachments: #1 Text of Proposed Order)(Flyer, Aaron) *Correct document filed at #80 . Modified on 2/16/2021 (SLQ). |
| Filing 76 PROPOSED FINDINGS OF FACT by Defendant Gear Box Z Incorporated. (Barlow, Matthew) |
| Filing 75 PROPOSED FINDINGS OF FACT and Conclusions of Law by Plaintiff United States of America. (Kamons, Rachael) |
| Filing 74 DECLARATION of Rachael Amy Kamons (Amended) re: #73 Notice of Service of Responses to Mandatory Initial Discovery, #71 Declaration, #62 Notice of Service of Discovery by Plaintiff United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kamons, Rachael) |
| Filing 73 * NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Gear Box Z Incorporated. (Barlow, Matthew) * Incomplete document; attorney noticed on 2/16/2021 (LAD). |
| Filing 72 AFFIDAVIT of Kevin Ehresman by Plaintiff United States of America. (Attachments: #1 Exhibit exhibits I-Q)(Ellis, Steven) |
| Filing 71 DECLARATION of Rachael Amy Kamons re: #62 Notice of Service of Discovery by Plaintiff United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kamons, Rachael) |
| Filing 70 DECLARATION of Jerry Black by Defendant Gear Box Z Incorporated. (Barlow, Matthew) |
| Filing 69 STATEMENT of Joint Pre-hearing Statement by Plaintiff United States of America. (Ellis, Steven) |
| Remark: Pro hac vice motion(s) granted for Aaron Flyer on behalf of Amicus Specialty Equipment Market Association. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 68 MINUTE ORDER: The Court has received inquiries from the public who wish to listen to the February 17, 2021 hearing. Although the standard is that federal district courts may not broadcast their proceedings, the Executive Committee of the Judicial Conference recently issued a guidance document that "approve [s] a temporary exception to the policy to allow a judge to authorize the use of teleconference technology to provide the public and the media audio access to court proceedings while public access to federal courthouses generally, or with respect to a particular district, is restricted due to health and safety concerns during the Coronavirus Disease (COVID-19) pandemic." Given this development, public access to the February 17, 2021 hearing will be permitted. Members of public or of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) |
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Filing 67
ORDER: IT IS ORDERED setting a hearing on Plaintiff's Motion for Preliminary Injunction (Doc. #37 ) on February 17, 2021 at 9:00 AM before District Judge John J. Tuchi in Courtroom 505, Sandra Day O'Connor Federal Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. IT IS FURTHER ORDERED that the hearing will proceed entirely remotely via Zoom. No parties, counsel or witnesses shall appear in person. Only court personnel shall be physically present in Courtroom 505. Court will shortly email the Zoom meeting identifiers and passwords to counsel for the parties. (See attached Order for additional deadlines and details). Signed by Judge John J Tuchi on 2/5/2021. (JAMA)
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Filing 66
ORDER - Defendant shall disclose the identity of all of its employees, suppliers, customers, contractors, retailers, distributors and installers associated with Defendant from 2017 to the present. All such disclosures shall be completed within 30 days of entry of this Order. The parties shall file a joint notice of status of compliance on the 30th day after entry of this Order. (See document for full details). Signed by Judge John J Tuchi on 2/1/2021. (LAD)
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Filing 65
ORDER: IT IS ORDERED granting the United States' Unopposed Motion for Extension of Discovery and Related Deadlines (Doc. #63 ). Discovery due by 1/24/2022. Dispositive motions due by 2/22/2022. (See attached Order for additional details and deadlines). Signed by Judge John J Tuchi on 1/20/2021. (JAMA)
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| Filing 64 NOTICE re: of Correction of Revised Deadlines in Unopposed Motion for Extension of Discovery and Related Deadlines by United States of America re: #63 Consent MOTION for Extension of Time Extension of Time of Discovery and Related Deadlines . (Attachments: #1 Text of Proposed Order)(Kamons, Rachael) |
| Filing 63 Consent MOTION for Extension of Time Extension of Time of Discovery and Related Deadlines by United States of America. (Attachments: #1 Exhibit Exhibits 1-9, #2 Text of Proposed Order)(Kamons, Rachael) |
| Filing 62 NOTICE of Service of Discovery filed by United States of America. (Kamons, Rachael) |
| Filing 61 REPLY to Response to Motion re: #37 MOTION for Preliminary Injunction and Memorandum in Support (the United States' Reply to Gear Box Z's Sur-Reply) filed by United States of America. (Ricci, Samantha) |
| Filing 60 *AMENDED TRANSCRIPT REQUEST by Gear Box Z Incorporated for proceedings held on 12/18/2020, Judge John J Tuchi hearing judge(s). (Barlow, Matthew) *Modified to reference amended version on 1/4/2021 (RAP). |
| Filing 59 *(AMENDED TRANSCRIPT ORDER FILED AT DOC. #60 ) - TRANSCRIPT REQUEST by Gear Box Z Incorporated for proceedings held on 12/18/2020, Judge John J Tuchi hearing judge(s). (Barlow, Matthew) *Modified to reference amended version and create docket entry relationship on 1/4/2021 (RAP). |
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Filing 58
ORDER granting the United States' Motion for Extension of Time to File a Reply to Defendant's Sur Reply (Doc. #54 ). IT IS FURTHER ORDERED extending the date for the United States to file its Reply to Defendant's Sur-Reply (Doc. #55 ) to 1/6/2021. Signed by Judge John J. Tuchi on 12/29/2020. (RMW)
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| Filing 57 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY DISPUTE proceedings held on 12/18/2020, before Judge JOHN J. TUCHI. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/12/2021. Redacted Transcript Deadline set for 1/22/2021. Release of Transcript Restriction set for 3/22/2021. (RAP) |
| Filing 56 TRANSCRIPT REQUEST by United States of America for proceedings held on 12/18/2020, Judge John J Tuchi hearing judge(s). (Ellis, Steven) |
| Filing 55 REPLY to Response to Motion re: #48 First MOTION for Leave to File Sur-Reply Def. Sur-Reply filed by Gear Box Z Incorporated. (Barlow, Matthew) |
| Filing 54 First MOTION for Extension of Time to File Reply to Defendant's Sur Reply to the United States' Motion for Preliminary Injunction by United States of America. (Attachments: #1 Text of Proposed Order)(Ricci, Samantha) |
| Filing 53 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephonic Discovery Dispute Hearing held on 12/18/2020. Discussion held re: Joint Notice of Discovery Dispute (Doc. #51 ). IT IS ORDERED taking this matter under advisement. Formal Order to follow. As stated on the record, IT IS ORDERED granting Defendant's Motion for Leave to File Sur-Reply (Doc. #48 ). APPEARANCES: Telephonic appearance by Steven Ellis, Rachel Kams and Samantha Ricci for Plaintiff. Telephonic appearance by Matthew Barlow for Defendant (Court Reporter Elaine Cropper.) Hearing held 10:00 AM to 10:49 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) |
| Filing 52 MINUTE ORDER: Telephonic Discovery Dispute Hearing re: Notice of Discovery Dispute (Doc. #51 ) is set for December 18, 2020 at 10:00 AM (Arizona time) in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J. Tuchi. Chambers will e-mail call-in instructions to counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) |
| Filing 51 NOTICE re: of Discovery Dispute by United States of America re: 32 Discovery Hearing, Common Prompts (Text Only), #3 Notice re Mandatory Initial Discovery Pilot (MIDP) . (Kamons, Rachael) |
| Filing 50 RESPONSE in Opposition re: #48 First MOTION for Leave to File Sur-Reply to the United State's Reply to Gear Box Z's Opposition to the United States' Motion for Preliminary Injunction filed by United States of America. (Attachments: #1 Exhibit June 8, 2020 Letter to EPA)(Ricci, Samantha) |
| Filing 49 NOTICE re: Of Intent to File Opposition to Defendant's Motion For Leave to File Sur-Reply by United States of America re: #48 First MOTION for Leave to File Sur-Reply . (Ellis, Steven) |
| Filing 48 First MOTION for Leave to File Sur-Reply by Gear Box Z Incorporated. (Attachments: #1 Exhibit Ex.1 Stmt of Issues, #2 Exhibit Ex.2 EPA Report, #3 Exhibit Ex.3 Letter from EPA, #4 Exhibit Ex.4 Bodine Response, #5 Exhibit Ex.5 Copy of Sur-Reply, #6 Text of Proposed Order Proposed Order)(Barlow, Matthew) |
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Filing 47
AMENDED ORDER re: #45 Order (corrected name of document) - IT IS HEREBY ORDERED granting the United States' Unopposed Motion for Leave to Exceed the Page Limit in its Reply Brief in Support of its Motion for Preliminary Injunction (Doc. #43 ). Plaintiff shall file its Reply Brief in Support of its Motion for Preliminary Injunction (Doc. #37 ) not to exceed 22 pages. IT IS FURTHER ORDERED that the Clerk of Court shall file on the docket, the document currently lodged at Document #44 . Signed by Judge John J Tuchi on 10/19/2020. (LAD)
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| Filing 46 REPLY to Response to #37 MOTION for Preliminary Injunction filed by United States of America. (LAD) |
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Filing 45
ORDER - IT IS HEREBY ORDERED granting the United States' Unopposed Motion for Leave to Exceed the Page Limit in its Reply Brief in Support of its Motion for Summary Judgment (Doc. #43 ). Plaintiff shall file its Reply Brief in Support of its Motion for Summary Judgment (Doc. #37 ) not to exceed 22 pages. IT IS FURTHER ORDERED that the Clerk of Court shall file on the docket, the document currently lodged at Document #44 . Signed by Judge John J Tuchi on 10/19/2020. (LAD)
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| Filing 44 * (Filed at Doc. #46 ) LODGED Proposed The United States' Reply Brief in Support of its Motion for Preliminary Injunction re: #43 MOTION for Leave to File Excess Pages in the United States' Reply Brief in Support of its Motion for Preliminary Injunction. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by United States of America. (Ricci, Samantha) Modified on 10/19/2020 (LAD). |
| Filing 43 MOTION for Leave to File Excess Pages in the United States' Reply Brief in Support of its Motion for Preliminary Injunction by United States of America. (Attachments: #1 Text of Proposed Order)(Ricci, Samantha) |
| Filing 42 RESPONSE in Opposition re: #37 MOTION for Preliminary Injunction and Memorandum in Support filed by Gear Box Z Incorporated. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Barlow, Matthew) |
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Filing 41
ORDER - IT IS ORDERED granting the Parties' Joint Motion for Extension of Time to File Defendant's Opposition to Plaintiff's Motion for Preliminary Injunction and for an Extension of Time to File Plaintiff's Reply (Doc. #40 ). The due date for Defendant to file its Response in Opposition to the United States' Motion for Preliminary Injunction (Doc. #37 ) is extended to September 22, 2020. The Plaintiff's Reply is due 22 days after Defendant's Response is filed. IT IS FURTHER ORDERED denying as moot, Defendant's Motion Leave for Extension of Time to File Its Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction (Doc. #39 ). (See document for complete details). Signed by Judge John J Tuchi on 9/8/20. (SLQ)
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| Filing 40 Joint MOTION for Extension of Time to File Response/Reply by Gear Box Z Incorporated. (Attachments: #1 Text of Proposed Order Stipulated Proposed Order)(Barlow, Matthew) |
| Filing 39 First MOTION for Extension of Time to File Response/Reply by Gear Box Z Incorporated. (Attachments: #1 Text of Proposed Order Proposed Order)(Barlow, Matthew) |
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Filing 38
ORDER: IT IS ORDERED granting the "The United States' Motion for Leave to Exceed the Page Limit in its Motion and Memorandum in Support of its Motion for Preliminary Injunction" (Doc. #36 ). Plaintiff may file their Motion up to 40 pages in length. IT IS FURTHER ORDERED that Defendant may file a Response to Plaintiff's Motion up to 40 pages in length. (See attached Order). Signed by Judge John J Tuchi on 8/24/2020. (JAMA)
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| Filing 37 MOTION for Preliminary Injunction and Memorandum in Support by United States of America. (Attachments: #1 Exhibit Declaration of Rose Galer, #2 Exhibit Declaration of Nigel Jones, #3 Exhibit Declaration of Mario Jorquera, #4 Appendix Attachment A - Gear Box Z's Defeat Device Product List, #5 Text of Proposed Order)(Ricci, Samantha) |
| Filing 36 MOTION for Leave to File Excess Pages in the United States' Motion and Memorandum in Support for Preliminary Injunction by United States of America. (Attachments: #1 Text of Proposed Order)(Ricci, Samantha) |
| Filing 35 TRANSCRIPT REQUEST by Gear Box Z Incorporated for proceedings held on 7/16/20, 7/23/20, Judge John J Tuchi hearing judge(s). (Barlow, Matthew) |
| Filing 34 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY DISPUTE proceedings held on 07/23/2020, before Judge JOHN J. TUCHI. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/17/2020. Redacted Transcript Deadline set for 8/25/2020. Release of Transcript Restriction set for 10/23/2020. (RAP) |
| Filing 33 TRANSCRIPT REQUEST by United States of America for proceedings held on 7/23/2020, Judge John J Tuchi hearing judge(s). (Ellis, Steven) |
| Filing 32 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephonic Discovery Dispute Hearing held on 7/23/2020. Discussion held. IT IS ORDERED that counsel for the parties shall consult, as will the computer specialists for the parties, and defendant shall deliver supplemental information, according to the dates detailed by the court during the hearing. APPEARANCES: Telephonic appearance by Steen Ellis, Rachael Kamons, Samantha Ricci, Ryan Bickmore and Rose Galer for Plaintiff. Telephonic appearance by Matthew Barlow for Defendant. (Court Reporter Elaine Cropper.) Hearing held 10:03 AM to 10:49 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) |
| Filing 31 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC SCHEDULING CONFERENCE proceedings held on 07/16/2020, before Judge JOHN J. TUCHI. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/11/2020. Redacted Transcript Deadline set for 8/21/2020. Release of Transcript Restriction set for 10/19/2020. (RAP) |
| Filing 30 NOTICE of Attorney Withdrawal of Lila C. Jones filed by Lila Clarissa Jones. (Jones, Lila) |
| Filing 29 TRANSCRIPT REQUEST by United States of America for proceedings held on 7/16/2020, Judge John J Tuchi hearing judge(s). (Ellis, Steven) |
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Filing 28
SCHEDULING ORDER: Discovery due by 9/24/2021. Dispositive motions due by 10/22/2021. (See attached Order). Signed by Judge John J Tuchi on 7/16/2020. (JAMA)
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| Filing 27 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephonic Scheduling Conference held on 7/16/2020. Deadlines discussed and entered. Scheduling Order to follow. For reasons as stated on the record, IT IS ORDERED denying #15 Defendant's Motion for Jury Trial. IT IS FURTHER ORDERED setting a Telephonic Discovery Dispute Hearing for 7/23/2020 at 10:00 AM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. Chambers will email call-in information to counsel. APPEARANCES: Telephonic appearance by Rachael Kamons, Steven Ellis, Lila Jones and Samantha Ricci for Plaintiff. Telephonic appearance by Matthew Barlow for Defendant. (Court Reporter Elaine Cropper.) Hearing held 9:32 AM to 9:53 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) |
| Filing 26 NOTICE of Appearance by Rachael Kamons on behalf of United States of America. (Kamons, Rachael) |
| Filing 25 Additional Attachments to Main Document re: #24 Rule 26(f) Report re MIDP (attempt to include on 7/9/20 filing, but unable due to technical difficulties) by Plaintiff United States of America. (Attachments: #1 Exhibit Attachment to Feb 21, 2020 letter requesting source code format, #2 Exhibit Attachment to July 6, 2020 email re source code production deficiencies)(Ellis, Steven) |
| Filing 24 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) [Proposed] Joint Case Management Plan filed by Plaintiff United States of America. (Attachments: #1 Exhibit Defendant's June 23, 2020 First Amended MIDR Responses)(Ellis, Steven) |
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Filing 23
ORDER: IT IS ORDERED granting #22 the Application to Withdraw as Counsel (Doc. 22). (See attached Order for additional details). Signed by Judge John J Tuchi on 7/2/2020. (JAMA)
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| Filing 22 MOTION to Withdraw as Attorney by Gear Box Z Incorporated. (Attachments: #1 Text of Proposed Order)(Matura, Jeffrey) |
| Filing 21 REPLY to Response to Motion re: #15 MOTION Jury Trial filed by Gear Box Z Incorporated. (Barlow, Matthew) |
| Filing 20 RESPONSE in Opposition re: #15 MOTION Jury Trial filed by United States of America. (Jones, Lila) |
| Filing 19 NOTICE of Appearance by Lila Clarissa Jones on behalf of United States of America. (Jones, Lila) |
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Filing 18
ORDER: IT IS HEREBY ORDERED granting the Stipulated Motion to Continue Rule 16 Scheduling Conference Set for July 2, 2020 (Doc. #17 ) and vacating the Rule 16 Scheduling Conference set in this matter for July 2, 2020, at 10:00 AM. IT IS FURTHER ORDERED resetting the telephonic Rule 16 Scheduling Conference for July 16, 2020, at 9:30 AM (Arizona Time), in Courtroom 505, 401 W. Washington Street, Phoenix, AZ 85003, before Judge John J. Tuchi. All other items in the Courts Order of May 15, 2020 (Doc. 11), remain in effect. No party shall appear in person. Chambers will e-mail dial-in information prior to the hearing. (See attached Order). Signed by Judge John J Tuchi on 6/17/2020. (JAMA)
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| Filing 17 First MOTION to Continue Rule 16 Schedule Conference by Gear Box Z Incorporated. (Attachments: #1 Text of Proposed Order)(Barlow, Matthew) |
| Filing 16 MINUTE ORDER: On the Court's own motion, the Rule 16 Scheduling Conference set for June 29, 2020 is reset to July 2, 2020, at 10:00 AM (Arizona time) in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J. Tuchi. The hearing will be telephonic -- no counsel shall appear in person. Chambers will e-mail call in information to counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) |
| Filing 15 MOTION Jury Trial by Gear Box Z Incorporated. (Attachments: #1 Text of Proposed Order Proposed Order)(Barlow, Matthew) |
| Filing 14 NOTICE of Appearance by Matthew Israel Barlow on behalf of Gear Box Z Incorporated. (Barlow, Matthew) |
| Filing 13 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Gear Box Z Incorporated. (Matura, Jeffrey) |
| Filing 12 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff United States of America. (Ellis, Steven) |
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Filing 11
ORDER: Telephonic Scheduling Conference set for 6/29/2020 at 02:30 PM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. The parties shall submit their joint proposed case management plan not less than seven (7) days before the Scheduling Conference. (See attached Order for additional details). Signed by Judge John J Tuchi on 5/14/2020. (JAMA)
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| Filing 10 Corporate Disclosure Statement by Gear Box Z Incorporated. (Matura, Jeffrey) |
| Filing 9 * ANSWER to #1 Complaint by Gear Box Z Incorporated. (Attachments: #1 Corporate Disclosure Statement)(Matura, Jeffrey) * Modified to reflect counsel noticed regarding filing the Corporate Disclosure Statement as a separate entry on 4/16/2020 (LAD). |
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Filing 8
ORDER: IT IS ORDERED that counsel for the Plaintiff apply for entry of default or file a status report within seven days of the date of this Order concerning the status of this case. IT IS FURTHER ORDERED that the matter will be dismissed without further notice if counsel fails to apply for entry of default or file a status report within seven days of the date of this Order. (See attached Order). Signed by Judge John J Tuchi on 4/13/2020. (JAMA)
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| Filing 7 SERVICE EXECUTED filed by United States of America: Rule 4 Waiver of Service of Summons. Waiver sent on January 31, 2020 to Gear Box Z, Inc. . (Ellis, Steven) |
| Filing 6 NOTICE of Appearance by Samantha Morgan Ricci on behalf of United States of America. (Ricci, Samantha) |
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Filing 5
ORDER: IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on April 6, 2020. (See attached Order). Signed by Judge John J Tuchi on 1/7/2020. (JAMA)
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Filing 4
ORDER: IT IS ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12 (b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order on Defendants. (See attached Order). Signed by Judge John J Tuchi on 1/7/2020. (JAMA)
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| Filing 3 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (BAC) |
| Filing 2 This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-20-8003-PCT-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached.(BAC) |
| Filing 1 COMPLAINT filed by United States of America. (Ellis, Steven) (Attachments: #1 Civil Cover Sheet)(BAC) |
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