Cyclone USA Inc v. LL&C Dealer Services, et al
Cyclone USA Inc |
Korean Industrial Design Corporation, LL&C Dealer Services LLC, Sei Kim, -, Cofbel Corp and Upturn Inc |
Sei Kim |
Jay Kim |
2:2003cv00992 |
February 11, 2003 |
US District Court for the Central District of California |
Western Division - Los Angeles Office |
Andrew J Wistrich |
Trademark |
15 U.S.C. § 1127 |
None |
Docket Report
This docket was last retrieved on October 1, 2012. A more recent docket listing may be available from PACER.
Document Text |
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Filing 747 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Errata #744 . The following error(s) was found: Case number is incorrect or missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (mz) |
Filing 746 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Judgment #743 . The following error(s) was found: Case number is incorrect or missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (mz) |
Filing 745 FINAL JUDGMENT by Magistrate Judge Andrew J. Wistrich, in favor of Sei Kim against Cyclone USA Inc, Related to: Errata, #744 . THEREFORE, IT IS ORDERED, ADJUDGED, and DECREED that: 1. The sum of $4,000,000 be awarded in favor of Sei Kim against Cyclone for Sei Kims competitive injury resulting from Cyclones 82,500 falsely marked Tornado III devices under 35 U.S.C. 292(b). 2. The judgment in favor of Sei Kim is hereby offset by the $1,048,976 previously awarded in favor of Cyclone against Sei Kim. 3. That a final judgment in the amount of $2,951,024 be awarded in favor of Sei Kim against Cyclone. This Order constitutes final judgment under Rule 58 of the Federal Rules of Civil Procedure. IT IS SO ORDERED. (mz) |
Filing 744 NOTICE OF ERRATA filed by Defendant Sei Kim. correcting Stipulation for Judgment #743 Proposed Final Judgment (Attachments: #1 Proposed Order, #2 Declaration)(Taylor, Frederick) |
Filing 743 STIPULATION for Judgment as to Final Judgment filed by Defendant Sei Kim. (Attachments: #1 Proposed Order, #2 Declaration)(Taylor, Frederick) |
Filing 742 NOTICE OF MOTION AND MOTION for Relief from Implementation of Court of Appeal's January 6, 2012 Decision re Request for Relief,,,,, #739 filed by Defendant Sei Kim. (Dain, Anthony) |
Filing 741 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS. Counsel is directed to file a Motion by 8/15/12. At this time the court date of 10/15/12 is off calendar, RE: Request for Relief, #739 . (mz) |
Filing 740 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents, RE: Request for Relief, #739 . The following error(s) was found: Incorrect event selected.Other error(s) with document(s) are specified below. Other error(s) with document(s): Docket entry does not match the description of the document.. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (mz) |
Filing 739 REQUEST for Relief from Implementation of Court of Appeal's January 6, 2012 Remanding this Case for Calculation of Cyclone's USA's Liabilities under Amended Statute re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Hearing,, #730 filed by Defendant Sei Kim. Request set for hearing on 10/15/2012 at 10:00 AM before Magistrate Judge Andrew J. Wistrich. (Attachments: #1 Declaration, #2 Exhibit, #3 Proposed Order)(Dain, Anthony) |
Filing 738 MINUTE ORDER IN CHAMBERS by Magistrate Judge Andrew J. Wistrich: re: Minutes of In Chambers Order/Directive #730 . The parties are advised that on the Court's own motion, Sei Kim's motion for relief calendared for hearing on August 8, 2012, is off calendar. (yb) |
Filing 737 ORDER by Magistrate Judge Andrew J. Wistrich: granting #736 Ex Parte Application for Extension of Time to File request for relief to August 13, 2012. (yb) |
Filing 736 EXPARTE APPLICATION for Extension of Time to File Request for Relief filed by Defendant Sei Kim. (Attachments: #1 Declaration, #2 Proposed Order)(Dain, Anthony) |
Filing 735 ORDER GRANTING APPLICATION FOR A 30-DAY EXTENSION OF TIME TO FILE REQUEST FOR RELIEF by Magistrate Judge Andrew J. Wistrich: granting #733 Ex Parte Application for Extension of Time to File. The Court GRANTS the Application for a 30-day extension of time to file to June 14, 2012. IT IS SO ORDERED. (mz) |
Filing 734 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Emergency EXPARTE APPLICATION for Extension of Time to File Request for Relief #733 . The following error(s) was found: Proposed Document was not submitted as a separate attachment.Other error(s) with document(s) are specified below. Other error(s) with document(s): No proposed order was submitted as an attachment to the ex parte application. Counsel has until May 3, 2012 to file with the Court a Notice of Lodging with an attached proposed order. Also, courtesy copies shall be deliver to chambers as well as e-mailed. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (mz) |
Filing 733 Emergency EXPARTE APPLICATION for Extension of Time to File Request for Relief filed by Defendant Sei Kim. (Attachments: #1 Declaration)(Dain, Anthony) |
Filing 732 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents) #731 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (mz) |
Filing 731 PROOF OF SERVICE filed by Defendant Sei Kim, re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Hearing,, #730 served on Minutes-Order Re Schedule for Further Proceedings. (Taylor, Frederick) |
Filing 730 MINUTE ORDER IN CHAMBERS by Magistrate Judge Andrew J. Wistrich: re: USCA Mandate #723 ., ORDER by Magistrate Judge Andrew J. Wistrich Set hearings re USCA Mandate #723 . Sei Kim's request for relief, memorandum of points and authorities and any supporting evidence shall be filed by May 15, 2012. Any opposition shall be filed by June 15, 2012. Any reply by Sei Kim shall be filed by June 30, 2012. Hearing at which argument may be heard is scheduled for August 8, 2012, at 10:00 a.m. (yb) |
Filing 729 STATUS REPORT filed by Defendant Sei Kim. (Dain, Anthony) |
Filing 728 ORDER GRANTING RMKB'S MOTION TO WITHDRAW AS COUNSEL OF RECORD FOR TORNADO AIR MANAGEMENT SYSTEMS, INC. AND JAY KIN by Magistrate Judge Andrew J. Wistrich: granting #725 Motion to Withdraw as Attorney. Attorney Allan E Anderson and Timothy L Skelton terminated (yb) |
Filing 727 ORDER GRANTING SCHARACK AND CHAPMAN TO WITHDRAW AS COUNSEL FOR TORNADO AIR MANAGEMENT, INC. AND JAY KIM by Magistrate Judge Andrew J. Wistrich: granting #726 Motion to Withdraw as Attorney. Attorney Mark A Schadrack terminated. The court, having read and considered everything necessary to render a proper decision, and adequate grounds and good cause being shown, hereby GRANTS, SCHADRACK & CHAPMANs motion to withdraw as counsel of record for Tornado Air Management, Inc. and Jay Kim. IT IS SO ORDERED. (mz) |
Filing 726 NOTICE OF MOTION AND MOTION of Schadrack & Chapman, LLP to Withdraw as Attorney filed by Counter-Defendant Cyclone USA Inc. Motion set for hearing on 3/12/2012 at 10:00 AM before Magistrate Judge Andrew J. Wistrich. (Schadrack, Mark) |
Filing 725 NOTICE OF MOTION AND MOTION of Ropers, Majeski, Kohn & Bentley to Withdraw as Attorney filed by Plaintiffs Cyclone USA Inc, Cyclone USA Inc, Jay Kim. Motion set for hearing on 3/12/2012 at 10:00 AM before Magistrate Judge Andrew J. Wistrich. (Attachments: #1 Declaration of Jay Kim in Support of RMKB's Motion to Withdraw as Counsel of Record, #2 Proposed Order, #3 Proof of Service)(Skelton, Timothy) |
Filing 724 MINUTE ORDER REGARDING JOINT STATUS REPORT by Magistrate Judge Andrew J. Wistrich. The parties are directed to file a joint status report concerning the implementation of the Court of Appeals January 6, 2012 decision remanding this case for a calculation of Cyclone USAs liabilities under the amended statute. The following matters, among others should be addressed: (a) thepossibility of settlement; (b) whether additional evidence should be received, or whether the calculation can be based on evidence already in the record; (c) a proposed briefing schedule; (d) a proposed hearing date, either for the presentation of additional evidence, legal argument, or both; and (e) any otherrelevant matters counsel would like the court to consider. IT IS SO ORDERED. (mz) |
Filing 723 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #710 CCA # 10-55735. The decision of the district court is vacated and remanded. Mandate received in this district on 1/6/2012. (dmap) |
Filing 722 NOTICE of Change of Attorney Information for attorney Allan E Anderson counsel for Plaintiff Cyclone USA Inc. Sean P. Flynn will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Sean P. Flynn is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Plaintiff Cyclone USA Inc (Anderson, Allan) |
Filing 721 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #710 filed by Sei Kim, CCA # 10-55735. This case is ordered submitted without oral argument on 12/8/11, in Pasadena, California. Order received in this district on 11/30/11. (car) |
Filing 720 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on Defendant's exhibits list are returned to counsel for respective party(ies). (mz) |
Filing 719 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on Joint exhibits list are returned to counsel for respective party(ies). (mz) |
Filing 718 MEMORANDUM OF DECISION REGARDING CYCLONE USA'S MOTION FOR PREJUDGMENT INTEREST by Magistrate Judge Andrew J. Wistrich. See attached order for further details. (mz) |
Filing 717 MEMORANDUM OF DECISION REGARDING CYCLONE USA'S MOTION FOR FURTHER ACCOUNTING by Magistrate Judge Andrew J. Wistrich. See attached order for further details. (mz) |
Filing 716 MEMORANDUM OF DECISION REGARDING CYCLONE USA'S MOTION FOR AN AWARD OF ATTORNEYS' FEES by Magistrate Judge Andrew J. Wistrich. See attached order for further details. (mz) |
Filing 715 MINUTES OF IN CHAMBERS ORDER REGARDING MEMORANDUM OF DECISION CONCERNING OCTOBER 28, 2009 ORDER, #701 held before Magistrate Judge Andrew J. Wistrich. See attached order for further details. IT IS SO ORDERED. (mz) |
Filing 713 NOTIFICATION by Circuit Court of Appellate Docket Number 10-55735, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #710 (lr) |
Filing 714 BILL OF COSTS. Costs Taxed in amount of $ 35,353.84 in favor of Plaintiffs, Cyclone USA, INC. and against Defendants Sei Kim. #708 , #712 (rmo) |
Filing 712 NOTICE OF MOTION AND MOTION to Withdraw APPLICATION to the Clerk to Tax Costs against Defendant Sei Kim, Sei Kim, Sei Kim #708 filed by Plaintiff Cyclone USA Inc, Jay Kim. Motion set for hearing on 4/29/2010 at 10:00 AM before Magistrate Judge Andrew J. Wistrich. (Attachments: #1 Proof of Service)(Skelton, Timothy) |
Filing 711 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #710 as to Defendant Sei Kim; Receipt Number: 136944, Paid in the amount of $455. (lr) |
Filing 710 NOTICE OF APPEAL to the 9th CCA filed by Defendants Sei Kim. (Attachments: #1 Supplement Representation Statement, #2 Supplement Docketing Statement, #3 Exhibit Exhibits 1-5, #4 Declaration)(Taylor, Frederick) |
Filing 709 SEI KIMS OPPOSITION TO re: APPLICATION to the Clerk to Tax Costs against Defendant Sei Kim, Sei Kim, Sei Kim #708 filed by ThirdParty Plaintiff Sei Kim, Counter Claimant Sei Kim, Defendants Sei Kim, Sei Kim. (Taylor, Frederick) |
Filing 708 APPLICATION to the Clerk to Tax Costs against Defendant Sei Kim, Sei Kim, Sei Kim filed by Plaintiff Jay Kim, Cyclone USA Inc. Application set for hearing on 4/29/2010 at 10:00 AM before Clerk of Court. (Attachments: #1 Bill of Costs, #2 supporting document Pages 13-99, #3 supporting document Pages 100-175, #4 supporting document Pages 176 -250, #5 supporting document Pages 251 298, #6 Declaration of Timothy L. Skelton)(Skelton, Timothy) |
Filing 707 FINAL JUDGMENT by Magistrate Judge Andrew J. Wistrich. (MD JS-6, Case Terminated). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the sum of $1,048,976 be awarded in favor of Tornado Air Management Systems, Inc. (formerly known as Cyclone USA, Inc.) and against Sei Kim. This Order constitutes final judgment under Rule 58 of the Federal Rules of Civil Procedure. (hr) |
Filing 706 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Andrew J. Wistrich: granting in part and denying in part #702 Motion for Damages. See document for details. (yb) |
Filing 705 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Andrew J. Wistrich: re: MOTION for Damages in Support of Offset of the Damage Award against Sei Kim Based on Cyclone and LL&C's Settlement Agreement #702 . Sei Kim's motion scheduled for hearing December 11, 2009, is submitted on the papers timely filed. See document for details. (yb) |
Filing 704 NOTICE OF LODGING filed Cyclone USA re Amended Minutes, #701 (Attachments: #1 Proposed Order [Proposed] Final Judgment)(Anderson, Allan) |
Filing 703 OPPOSITION to MOTION for Damages in Support of Offset of the Damage Award against Sei Kim Based on Cyclone and LL&C's Settlement Agreement #702 filed by Plaintiff Cyclone USA Inc, Counter Defendant Cyclone USA Inc. (Anderson, Allan) |
Filing 702 NOTICE OF MOTION AND MOTION for Damages in Support of Offset of the Damage Award against Sei Kim Based on Cyclone and LL&C's Settlement Agreement filed by Defendant Sei Kim. Motion set for hearing on 12/11/2009 at 10:00 AM before Magistrate Judge Andrew J. Wistrich. (Dain, Anthony) |
Filing 701 First AMENDED MINUTES by Magistrate Judge Andrew J. Wistrich re: Cyclone USA'S motion for attorneys' fees, motion for further accounting and motion for prejudgment interest - Motion Hearing,, #690 . All three motions are granted. See document for further details. (yb) |
Filing 700 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Andrew J. Wistrich: re: Order on Petition for Attorney Fees, Order on Motion for Attorney Fees, Order on Application to Tax Costs,, #699 . ORDER WITHDRAWING ORDER RE CYCLONE USA'S (1)MOTION FOR ATTORNEYS FEES, (2)MOTION FOR FURTHER ACCOUNTING AND (3)MOTION FOR PREJUDGEMENT INTEREST. The order issued on October 28, 2009 contained a typogrpahical error and is hereby withdrawn. (yb) |
Filing 699 MINUTES (IN CHAMBERS): ORDER RE USA'S (1) MOTION FOR ATTORNEYS' FEES; (2) MOTIO NFOR FURTHER ACCOUNTING; AND (3) MOTION FOR PREJUDGEMENT INTEREST. by Magistrate Judge Andrew J. Wistrich. All three motions are granted. See document for details. (yb) |
Filing 698 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Andrew J. Wistrich: granting #687 Ex Parte Application for Briefing on whether Cyclone USA's settlement with LL & C fully offsets Cyclone USA's damages claims against Sei Kim. The ex parte application is granted. If Sei Kim seeks an offset based on the settlement between Cyclone USA and LL & C, then he must file a motion requesting it no later than November 2, 2009. Any reply by Sei Kim must be filed by November 23, 2009. The motion will be heard on December 11, 2009, at 10 a.m. (yb) |
Filing 697 NOTICE of Name Change filed by Plaintiff Cyclone USA Inc, Jay Kim, Cyclone USA Inc. (Skelton, Timothy) |
Filing 696 PERMANENT INJUNCTION by Magistrate Judge Andrew J. Wistrich. Pursuant to the Courts Memorandum of Decision, filed on November 8, 2007, the Court ORDERS the following permanent injunctive relief: See attached document for further details. (es) |
Filing 695 AMENDED DOCUMENT filed by ThirdParty Plaintiff Sei Kim, Defendant Sei Kim, Counter Claimant Sei Kim. Amendment to Statement #694 AMENDED STATEMENT OF NON-OPPOSITION TO PLAINTIFFS REQUEST FOR ENTRY OF PERMANENT INJUNCTION (Dain, Anthony) |
Filing 694 STATEMENT OF NON-OPPOSITION TO PLAINTIFFS REQUEST FOR ENTRY OF PERMANENT INJUNCTION re: REQUEST for Order for Entry of Permanent Injunction #692 . (Dain, Anthony) |
Filing 693 MINUTES OF ORDER REGARDING PLAINTIFFS REQUEST FOR ENTRY OF PERMANENT INJUNCTION held before Magistrate Judge Andrew J. Wistrich: Defendants shall have until March 20, 2009 to file and serve any opposition to plaintiffs request for entry of a permanent injunction. Otherwise, plaintiffs request may be granted and the injunction entered in substantially the form proposed by plaintiff. IT IS SO ORDERED. (es) |
Filing 692 REQUEST for Order for Entry of Permanent Injunction filed by plaintiff Cyclone USA Inc. (Attachments: #1 Proposed Order)(Schadrack, Mark) |
Filing 690 MINUTES OF 1) Plaintiff's Motion for an Award of Attorney Fees; 2) Plaintiff's Request for a Further Accounting; 3) Plaintiff's Request for Prejudgment Interest; 4) Sei Kim's Ex Parte Application For Briefing on Whether Cyclone and LL & C's Settlement Agreement Fully Offsets Cyclone's Damage Claims Against Sei Kim held before Magistrate Judge Andrew J. Wistrich. Case called. Counsel make their appearances; Court questions counsel and listens to their responses. The matters are submitted; separate orders to issue.Court Smart: CS 8/19/08. (mz) |
Filing 689 Opposition to re: EX PARTE APPLICATION for Order for Briefing on Whether Cyclone and LL&C's Settlement Agreement Fully Offsets Cyclone's Damage Claims Against Sei Kim #687 filed by Plaintiff Cyclone USA Inc. (Skelton, Timothy) |
Filing 688 OF SERVICE filed by Defendant Sei Kim, re EX PARTE APPLICATION for Order for Briefing on Whether Cyclone and LL&C's Settlement Agreement Fully Offsets Cyclone's Damage Claims Against Sei Kim #687 served on Ex Parte Application for Briefing on Whether Cyclone and LL&C's Settlement Agreement Fully Offsets Cyclone's Damage Claims Against Sei Kim. (Taylor, Frederick) |
Filing 687 EX PARTE APPLICATION for Order for Briefing on Whether Cyclone and LL&C's Settlement Agreement Fully Offsets Cyclone's Damage Claims Against Sei Kim filed by Defendant Sei Kim, Sei Kim.(Taylor, Frederick) |
Filing 686 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Andrew J. Wistrich: re: EX PARTE APPLICATION for Order for Settling Parties to Disclose Terms of Settlement Agreement #679 . ORDER DENYING SEI KIM'S EX PARTE APPLICATION FOR CYCLONE AND LL & C TO DISCLOSE THE TERMS OF THE SETTLEMENT AGREEMENT. The application is denied as moot in light of the representations contained in plaintiff's statement regarding pending motions, filed July 21, 2008, which have not been disputed by Sei Kim. (yb) |
Filing 685 REPORT of Regarding Compliance with Injunction filed by Defendant LL&C Dealer Services LLC. (Attachments: #1 Declaration of Randy Largent re Compliance With Injunction)(Langley, Larry) |
Filing 684 STATEMENT of Plaintiff Regarding Pending Motions (Skelton, Timothy) |
Filing 683 MINUTES OF IN CHAMBERS ORDER CONTINUING HEARING ON CALENDAR AUGUST 14, 2088 TO AUGUST 19, 2008 held before Magistrate Judge Andrew J. Wistrich. The parties are advised that the hearing calendared for August 14, 2008 is being continued to August 19, 2008, at 10:00 a.m. IT IS SO ORDERED. (mz) |
Filing 682 DISMISSAL OF CLAIMS AND PERMANENT INJUNCTION PURSUANT TO STIPULATION by Magistrate Judge Andrew J. Wistrich, re Stipulation to Dismiss Party #678 . Within 20 days of entry of this permanent injunction, LL & C shall file with the Court and serve on Cyclone USA's attorneys a report in writing under oath setting forth in detail the manner and form in which LL & C has complied with this permanent injunction. See document for details. (yb) |
Filing 681 PROOF OF SERVICE filed by Defendant Sei Kim, Sei Kim, Sei Kim, re EX PARTE APPLICATION for Order for Settling Parties to Disclose Terms of Settlement Agreement #679 served on 7/02/2008. (Taylor, Frederick) |
Filing 680 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Andrew J. Wistrich: re: Order, Set Motion and R&R Deadlines, Terminate Hearings #676 , Minutes of In Chambers Order/Directive - no proceeding held, #677 , EX PARTE APPLICATION for Order for Settling Parties to Disclose Terms of Settlement Agreement #679 . MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Andrew J. Wistrich: re: Order #676 , Minutes of In Chambers Order/Directive - no proceeding held, #677 . ORDER CONTINUING HEARINGS ON CALENDAR JULY 7, 2008. The hearings on the motions previously scheduled to be heard on July 7, 2008, is continued to August 14, 2008, at 11 a.m. The parties are directed to confer in an effort to resolve all outstanding issues no later than July 14, 2008. If necessary, plaintiff shall file any opposition to Sei Kim's ex parte appliction for disclosure of settlement terms no later than July 21, 2008. See document for further details. (yb) |
Filing 679 EX PARTE APPLICATION for Order for Settling Parties to Disclose Terms of Settlement Agreement filed by Defendant Sei Kim, Sei Kim, Sei Kim.(Taylor, Frederick) |
Filing 678 STIPULATION to Dismiss defendant LL&C Dealer Services LLC filed by Plaintiff Cyclone USA Inc. (Attachments: #1 Dismissal of Claims and Permanent Injunction Pursuant to Stipulation)(Skelton, Timothy) |
Filing 677 MINUTES OF IN CHAMBERS ORDER CHANGING HEARING TIME ON MOTIONS CALENDARED FOR JULY 7, 2008 held before Magistrate Judge Andrew J. Wistrich. Counsel are notified that the Court has re-calendared the motions on calendar July 7, 2008, from 10:00 a.m. to 11:00 a.m. IT IS SO ORDERED. (mz) |
Filing 676 ORDER by Magistrate Judge Andrew J. Wistrich re Minutes of In Chambers Order/ #673 . The matters scheduled for hearing on June 9, 2008, are continued to 7/7/2008 at 10:00 AM before Magistrate Judge Andrew J. Wistrich. (yb) |
Filing 675 STIPULATION to Continue Matters Scheduled 6/9/08 from June 9, 2008 to July 7, 2008 filed by Defendant Sei Kim. (Attachments: #1 Proposed Order, #2 Declaration Proof of Service)(Taylor, Frederick) |
Filing 674 REPLY support MOTION for Attorney Fees #640 filed by Plaintiff Cyclone USA Inc. (Attachments: #1 Exhibits)(Schadrack, Mark) |
Filing 673 MINUTES OF IN CHAMBERS ORDER CONTINUING HEARING held before Judge Andrew J. Wistrich. The Court has received a request from defendant LL & C'S counsel to continue the hearing on calendar May 20, 2088, to June 9, 2008 at 10 a.m. The Court grants defendant's request and continues all matters calendar for May 20, 2008, to June 9, 2008, at 10 a.m. IT IS SO ORDERED. (mz) |
Filing 672 ORDER RE JOINT STIPULATION RE CYCLONE USA'S REPLY BRIEF IN SUPPORT OF ITS MOTION FOR ATTORNEY'S FEES #671 by Judge Andrew J. Wistrich. Pursuant to the Joint Stipulation, Cyclone USA's reply brief be filed on May 23, rather than the currently-set May 16. The June 9 hearing date will remain. (mz) |
Filing 671 Joint STIPULATION for Extension of Time to File Reply as to MOTION for Attorney Fees #640 filed by Plaintiff Cyclone USA Inc. (Attachments: #1 Proposed Order Re Joint Stipulation Re Cyclone USA's Reply Brief in Support of Its Motion for Attorney's Fees)(Skelton, Timothy) |
Filing 670 STIPULATION for Costs against Cyclone USA Inc filed by Plaintiff Cyclone USA Inc.(Skelton, Timothy) |
Filing 669 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected RE: Joinder (Motion Related) #668 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (mz) |
Filing 668 JOINDER in MOTION for Attorney Fees #640 should be linked to document numbers 645 and 646 filed by Plaintiff Cyclone USA Inc. (Skelton, Timothy) |
Filing 667 NOTICE of Errata filed by Attorney for LL&C Dealer Services LLC. (Langley, Larry) |
Filing 666 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected, RE: Notice (Other) #665 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (mz) |
Filing 665 NOTICE of Joinder by Sei Kim in LL&C's May 1, 2008 Opposition to Cyclone's Motion for Attorneys' Fees filed by defendant/counter-claimant Sei Kim, Sei Kim, Korean Industrial Design Corporation. (Taylor, Frederick) |
Filing 664 OPPOSITION to MOTION for Attorney Fees #640 filed by Defendant LL&C Dealer Services LLC. (Attachments: #1 Exhibit to LL&C Oppos. to Cyclone's Mot for Atty Fees#2 Declaration Andre Jardini#3 Exhibit Jardini Declaration Part 1#4 Exhibit Jardini Declaration Part 2#5 Exhibit Jardini Declaration - Part 3)(Langley, Larry) |
Filing 663 REPLY in support of Plaintiff's Brief Regarding the Further Accounting (should be linked to document numbers 644 and 657) filed by Plaintiff Cyclone USA Inc. (Schadrack, Mark) |
Filing 662 REPLY in support of Plaintiff's Request for Prejudgment Interest (should be linked to document numbers 645 and 657) filed by Plaintiff Cyclone USA Inc. (Schadrack, Mark) |
Filing 661 REPLY in support of Treble Damages (should be linked to document numbers 648, 655 and 656) filed by Plaintiff Cyclone USA Inc. (Schadrack, Mark) |
Filing 660 REPLY to Cyclone's Opposition to LL&C's Motion to Amend/Add Findings or for New Trial & For Punitive Damage Hearing filed by Defendant LL&C Dealer Services LLC. (Attachments: #1 Exhibit to Reply to Cyclone's Opposition to LL&C's Motion to Amend)(Langley, Larry) |
Filing 659 ORDER by Judge Andrew J. Wistrich Granting First APPLICATION to Substitute attorney JANE E. CAREY in place of attorney JOHN P. COGGER #652 . Substituting attorney Jane E Carey for LL&C Dealer Services LLC in place and stead of attorney John P Cogger. (mz) |
Filing 658 SCHEDULING ORDER WITH RESPECT TO PLAINTIFF'S MOTION FOR ATTORNEY FEES #651 by Judge Andrew J. Wistrich. Opposition papers, including Declarations and Exhibits, shall be filed and served on or before May 2, 2008. Reply papers shall be filed and served on or before May 16, 2008. The hearing respect to plaintiff's motion for an award of attorney fees shall take place on June 9, 2008 at 10:00 a.m. in Courtroom 690. The briefing schedule and the hearing date with respect to the other matters scheduled to be heard on May 20, 2008, shall reamin unchanged. (mz) |
Filing 657 MEMORANDUM in Opposition to Cyclone's Request for Profits and Prejudgment Interest filed by Defendant LL&C Dealer Services LLC. (Attachments: #1)(Langley, Larry) |
Filing 656 MEMORANDUM in Opposition to Cyclone's Request for Treble Damages filed by Defendant LL&C Dealer Services LLC. (Langley, Larry) |
Filing 655 OPPOSITION to MOTION for Attorney Fees #640 filed by ThirdParty Plaintiff Sei Kim, Defendant Sei Kim, Counter Claimant Sei Kim. (Attachments: #1 Declaration of Sei Kim in Support of His Opposition Brief and Joinder in LL&C's Opposition Brief to Plaintiff's Brief in Support of Treble Damages#2 Declaration of Service)(Taylor, Frederick) |
Filing 654 OPPOSITION RESPONSE TO THE BRIEFS FILED BY SEI KIM AND LL&C REGARDING PREJUDGMENT INTEREST (should be linked to document numbers 639 and 646) filed by Plaintiff Cyclone USA Inc. (Schadrack, Mark) |
Filing 653 MEMORANDUM in Opposition to LL&C's Motion to Amend Findings or for New Trial and for Punitive Damage Hearing (should be linked to document 638, which was filed under the wrong event code) filed by ThirdParty Defendant Jay Kim, Plaintiff Cyclone USA Inc. (Schadrack, Mark) |
Filing 652 First APPLICATION to Substitute attorney JANE E. CAREY in place of attorney JOHN P. COGGER filed by Defendant LL&C Dealer Services LLC, LL&C Dealer Services LLC. (Attachments: #1 Proposed Order Approving Sub of Atty)(Carey, Jane) |
Filing 651 STIPULATION to Reschedule Briefing Schedule With Respect to Plaintiff's Motion for Attorneys Fees filed by Defendant LL&C Dealer Services LL&C Dealer Services LLC. (Attachments: #1 Proposed Order Re Scheduling Change with Respect to Plaintiff's Motion for Attorney Fees)(Langley, Larry) |
Filing 691 SEALED DOCUMENT - EXHIBIT A TO PLAINTIFF'S BRIEF REGARDING THE FURTHER ACCOUNTING (lra) |
Filing 650 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS(G-112) #649 . The document (Notice of Application to Clerk to Tax Costs) is striken from the record. Notwithstanding the provision to the contrary contained in the stipulated scheduling order filed on January 22, 2008, any application to tax costs should be made after judgment is entered and in compliance with C.D. Cal Local Rule 54. (yb) |
Filing 649 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: The application should be filed in compliance with Local Rule 54 RE APPLICATION to Tax Costs LL&C Dealer Services LLC #647 (yb) |
Filing 648 PLAINTIFF'S BRIEF IN SUPPORT OF TREBLE DAMAGES re MOTION for Attorney Fees #640 filed by Plaintiff Cyclone USA Inc. (Skelton, Timothy) |
Filing 647 APPLICATION to Tax Costs LL&C Dealer Services LLC filed by plaintiff Cyclone USA Inc.Application set for hearing on 5/20/2008 at 10:00 AM before Magistrate Judge Andrew J. Wistrich. (Attachments: #1 Bil of Costs#2 Ropers 1#3 Ropers 2#4 Ropers 3#5 Ropers 4#6 Ropers 5#7 Ropers 6#8 Ropers 7#9 Ropers 8#10 Ropers 9#11 Ropers 10#12 Shadrack#13 Dominguez#14 Fox)(Skelton, Timothy) |
Filing 646 TRIAL BRIEF Regarding Prejudgment Interest filed by Attorney for LL&C LL&C Dealer Services LLC.. (Langley, Larry) |
Filing 645 CYCLONE USA'S BRIEF RE PREJUDGMENT INTEREST re MOTION for Attorney Fees #640 filed by Plaintiff Cyclone USA Inc. (Skelton, Timothy) |
Filing 644 PLAINTIFF'S BRIEF REGARDING THE FURTHER ACCOUNTING SUPPORTING DECLARATION OF DARYL MARTIN re MOTION for Attorney Fees #640 filed by Plaintiff Cyclone USA Inc. (Skelton, Timothy) |
Filing 643 Proof of Service filed by Plaintiff Cyclone USA Inc (Skelton, Timothy) |
Filing 642 NOTICE of Manual Filing filed by Plaintiff Cyclone USA Inc of Exhibits to Declarations. (Skelton, Timothy) |
Filing 641 DECLARATION of Timothy L. Skelton In Support of Motion for Attorneys Fees MOTION for Attorney Fees #640 filed by Plaintiff Cyclone USA Inc. (Skelton, Timothy) |
Filing 640 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiff Cyclone USA Inc.Motion set for hearing on 5/20/2008 at 10:00 AM before Magistrate Judge Andrew J. Wistrich. (Skelton, Timothy) |
Filing 639 SUPPLEMENT Brief and Joinder Pursuant to November 8, 2007 Memorandum of Decision and November20, 2007 Order Regarding Further Proceedings filed by ThirdParty Plaintiff Sei Kim, Defendants Sei Kim, Korean Industrial Design Corporation, Sei Kim, Counter Claimants Sei Kim, Korean Industrial Design Corporation. (Taylor, Frederick) |
Filing 638 NOTICE of Motion & Motion to Amend/Add Findings or for New Trial & Punitive Damage Hearing Rules 52B & 59 filed by Attorney for Defendant LL&C LL&C Dealer Services LLC. (Langley, Larry) |
Filing 637 ORDER by Judge Andrew J. Wistrich Granting REQUEST to Substitute attorney Jerry B. Marshak, Van Dorn & Marshak Law Offices in place of attorney Howard Gest, David Burhenn, Burhenn & Gest LLP #636 . Substituting attorney Jerry B Marshak for LL&C Dealer Services LLC in place and stead of attorney Howard D Gest. (yb) |
Filing 636 REQUEST to Substitute attorney Jerry B. Marshak, Van Dorn & Marshak Law Offices in place of attorney Howard Gest, David Burhenn, Burhenn & Gest LLP filed by Defendant and Counterclaimant LL&C Dealer Services LLC. (Attachments: #1 Proposed Order)(Gest, Howard) |
Filing 635 ORDER by Judge Andrew J. Wistrich, re Stipulation for Extension of Time to File #634 .Pursuant to the Joint Stipulation, the moving papers with respect to the matters described shall be filed and served on or before March 21, 2008; opposition papers shall be filed and served on or before April 18, 2008; and reply papers shall be filed and served on or before April 30,2008. A hearing with respect to the matters shall take place at 10 a.m. on May 20, 2008. See document for further details. (yb) |
Filing 634 Joint STIPULATION for Extension of Time to File filed by Plaintiff Cyclone USA Inc. (Attachments: #1 Proposed Order)(Anderson, Allan) |
Filing 633 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Deficiency in Electronically Filed Documents (G-112) #632 . (mz) |
Filing 632 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: (1) Proposed Document was not submitted as separate attachment and (2) dates are not filled in/missing on the Proposed Scheduling Order RE: Stipulation for Extension of Time to File #631 . (mz) |
Filing 631 STIPULATION for Extension of Time to File filed by Plaintiff and Cross-Defendant Cyclone USA Inc, Cyclone USA Inc. (Attachments: #1 Proposed Order Re Scheduling)(Anderson, Allan) |
Filing 630 NOTICE of Change of Address by Larry Dean Langley attorney for Defendant LL&C Dealer Services LLC, changing Address and Firm Name to Langley Law Firm, 8170 N. 86th Place, Suite 100, Scottsdale, Arizona 85258. Filed by Defendant LL&C Dealer Services, LLC Larry D. Langley (Langley, Larry) |
Filing 629 ORDER by Judge Andrew J. Wistrich, re Stipulation for Order #628 . On or before January 18, 2008, the parties shall file a proposed, stipulated, permanent injunction form with the Court, or separate proposed forms, if they cannot reach agreement on a single form. On or before January 18, 2008, the parties shall file a proposed scheduling order with respect to the remaining issues described in the Court's order Regarding Further Proceedings (dated November 20, 2007). (yb) |
Filing 628 Joint STIPULATION for Order to file a proposed, stipulated, permanent injunction form on or before January 18, 2008 filed by plaintiff and third-party defendant Jay Kim, Cyclone USA Inc. (Attachments: #1 Proposed Order)(Anderson, Allan) |
Filing 627 JOINT STIPULATION AND ORDER to Continue the Lodging of the Stipulated Proposed Scheduling Order by Judge Andrew J. Wistrich. Pursuant to the parties' stipulation, the Court hereby grants the extension to and including December 21, 2007, to lodge the stipulated proposed scheduling order. (csi) |
Filing 626 MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Wistrich : ORDER RE FURTHER PROCEEDINGS. The parties are directed to confer in an attempt to agree upon a proposed form of permanent injunction. If they cannot agree, they may submit separate proposed forms of permanent injunction. The parties are directed to confer in an attempt to agree upon a proposed form of judgment. If they cannot agree, they may submit separate forms of proposed judgment. The parties are directed to confer in an attempt to agree upon a stipulated proposed order scheduling all further proceedings in this case, including the submission of proposed forms of permanent injunction and judgment. All dates involving the Court should be cleared with the clerk. The stipulated proposed scheduling order must be lodged within 14 days. (yb) |
Filing 625 MEMORANDUM OF DECISION by Judge Andrew J. Wistrich. The Court has resolved the claims, defenses, and requests for relief asserted in this case as explained within this order. Some further proceedings, and some additional determinations by the Court may be necessary before judgment can be entered. That issue is addressed in separate order. See document for further details. (yb) |
Filing 624 MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Wistrich : re: MOTION IN LIMINE to Exclude previously undisclosed evidence of alleged damages offered by Sei Kim at trial 569 . Plaintiff's motion to exclude Sei Kim's damages claim based on lost profits or unpaid royalties is denied. (yb) |
Filing 623 PROOF OF SERVICE filed by defendants, counter-claimants, and third-party plaintiffs Sei Kim, Sei Kim, Korean Industrial Design Corporation, re JOINDER IN REQUEST for Status Conference 621 and DECLARATION of Sei Y. Kim in support 622 served on 10/10/07. (csi) |
Filing 622 DECLARATION of Sei Y. Kim in support of JOINDER IN REQUEST for Status Conference 621 filed by Third Party Plaintiff Sei Kim, Defendant Sei Kim, Counter Claimants Sei Kim, Korean Industrial Design Corporation. (csi) |
Filing 621 JOINDER IN REQUEST for Status Conference 620 filed by defendants Sei Kim, Sei Kim, Korean Industrial Design Corporation. (csi) |
Filing 620 REQUEST FOR STATUS CONFERENCE filed by defendant LL&C Dealer Services LLC. (yb) |
Filing 619 MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Wistrich : TelephonicStatus Conference set for 10/16/2007, 11:00 AM before Magistrate Judge Andrew J. Wistrich. The Court's memorandum of decision containing all of its findings and conclusions of law will be filed prior to the telephonic status conference(yb) |
Filing 618 MINUTES OF IN CHAMBERS ORDER by Judge Andrew J. Wistrich: The Court's intended decision date is continued to 9/17/07 and the telephonic status conference is continued to 9/21/07 at 3:00PM. (ib) |
Filing 617 MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Wistrich : re: Minutes of In Chambers Order/Directive - no proceeding held, Set Hearings #616 .Telehponic status conference continued to 9/11/2007, 04:30 PM before Magistrate Judge Andrew J. Wistrich. The Court anticipates issuing its decision on or before September 7, 2007.(yb) |
Filing 616 MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Wistrich : Telephonic Status Conference set for 8/21/2007 11:00 AM before Magistrate Judge Andrew J. Wistrich.(yb) |
Filing 615 MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Wistrich : Although the court has decided most of the claims, and determined appropriate remedies for most of the claims, additional time is required to complete the analysis of the remaining claims and remedies, and to finish the process of preparing the court's findings of fact and conclusions of law. Therefore, the court's intended decision date is extended to August 17, 2007.(yb) |
Filing 614 MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Wistrich re: In Chambers Order/Directive - no proceeding held, Set Hearings #611 . ORDER RE FURTHER PROCEEDINGS. Pursuant to the parties' request, the Court announces that its intended decision date is June 29, 2007. Obviously, the Court will issue its decision earlier if possible. The status conference scheduled for June 5,2007 is vacated.(yb) |
Filing 613 JOINT REQUEST for Decision to Chief Judge filed by Plaintiff Cyclone USA Inc.(vdr, ) |
Filing 611 MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Wistrich : Telephonic Status Conference set for 6/5/2007, 11:00 AM before Magistrate Judge Andrew J. Wistrich. (yb, ) |
Filing 612 JOINT REQUEST FOR DECISION (yl, ) |
Filing 610 MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Wistrich RE: MOTION IN LIMINE to Exclude pregvioulsy undisclosed evidence of alleged damage offered by 570 . Considering all of the circumstances, plaintiff's motion is granted. (yb, ) |
Filing 609 AMENDED Supplemental Brief in support of Plaintiff and Jay Kim Post-Trial proposed findings of fact and conclusions of law 605 filed by ThirdParty Defendant Jay Kim, Plaintiff Cyclone USA Inc. (jp) |
Filing 608 SUPPLEMENTAL BRIEF in support of LL&C proposed findings of fact and conclusions of law filed by Defendant LL&C Dealer Services LLC. (jp) |
Filing 607 PROOF OF SERVICE of Supplemental Findings of Fact and Conclusions of Law 606 , was served on 2/20/2007. filed by defendant, thirdparty plaintiff Sei Kim (jp) |
Filing 606 SUPPLEMENTAL Findings of Fact and Conclusions of Law filed by Defendant, ThirdParty Plaintiff Sei Kim. (jp) |
Filing 605 SUPPLEMENTAL BRIEF in support of Plaintiff and Jay Kim Post-Trial proposed findings of fact and conclusions of law filed by Plaintiff Jay Kim, Cyclone USA Inc. (jp) |
Filing 604 PROOF OF SERVICE filed by defendants, counter-claimants and third-party plaintiffs Sei Kim, was served on 2/20/2006, regarding ex parte application fo radditional time to file supplemental findings of act and conclusions of law. (yc, ) |
Filing 603 ORDER by Judge Andrew J. Wistrich, This court amend its 2/15/2007 minute order, to allow the parties until 2/23/2007 to file their supplemental findings of fact and conclusions of law. (yc, ) |
Filing 602 MINUTES OF Telephonic Status Conference held before Judge Andrew J. Wistrich : The court conducted a telephonic status conference in this case on February 9, 2007. Each party appeared through counsel. Each party may file a supplemental brief updating the legal authorities contained in the proposed findings and conclusions of law no later than February 20, 2007. (yb, ) |
Filing 601 MINUTES OF IN CHAMBERS ORDER by Judge Andrew J. Wistrich - The Telephonic Status Conference previously scheduled for January 16, 2007 is hereby continued to Friday, February 9, 2007 at 11:00 a.m. (mp, ) |
Filing 600 NOTICE: Status conference calendared for January 16, 2007, 3 p.m. in Courtroom 690. (yb, ) |
Set Hearings: Status Conference set for 1/16/2007 03:00 PM before Magistrate Judge Andrew J. Wistrich. (yb, ) |
Filing 599 NOTICE of Change of Attorney Information: changing firm name to Bruce Austin Law Offices for attorney John P Cogger. Filed by defendant LL&C Dealer Services LLC (bb, ) |
Filing 598 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: March 3, 2005 Court Reporter: Sheri Kleeger (kks ) |
Filing 597 TRANSCRIPT filed for proceedings held on March 3, 2005. Court Reporter: Sheri S Kleeger. (kks) |
Filing 596 TRANSCRIPT filed for proceedings held on 3/24/06. Court Reporter: Walter R. Ledge. (ghap, ) |
Filing 595 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 3/24/06 Court Reporter: W. R. Ledge. (ghap, ) |
Filing 594 CLOSING ARGUMENT POWERPOINT PRESENTATION filed by defendant LL&C Dealer Services LLC. (yc, ) |
Filing 593 DECLARATION of ANTHONY J. DAIN in support of Memorandum of Points and Authorities in Opposition to re MOTION to Exclude evidence of damages 569 filed by Defendants, Counter Clamaints Sei Kim, Sei Kim doing business as Korean Industrial Design, erroneously sued as Korean Industrial Design Corporation. (jp, ) |
Filing 592 MINUTES OF Court Trial (9th Day) held and completed before Judge Andrew J. Wistrich :Closing arguments made by plaintiff and defendants. Case submitted.Court Reporter: Walter Ledge. (yb, ) |
Filing 591 REPLY BRIEF IN SUPPORT of MOTION IN LIMINE to Exclude previously undisclosed evidence of alleged damages offered by Sei Kim at trial 569 filed by plaintiff/counterdefendant Jay Kim, Cyclone USA Inc, Cyclone USA Inc. (bg, ) |
Filing 590 REPLY brief in support of MOTION to Exclude previously undisclosed evidence of alleged damage offered by 570 filed by plaintiff and counter defendant Cyclone USA Inc. (yc, ) |
Filing 589 FOURTHE AMENDED JOINT EXHIBIT LIST. filed by ThirdParty Defendant Jay Kim, Plaintiff Cyclone USA Inc. (yc, ) |
Filing 585 STIPULATION AND ORDER by Judge Andrew J. Wistrich : The court hereby admits exhibits 11,14,21,22,23,31,41,125,149,174,409, 432,442,448,470,498,529,532,573,and 582 into evidence. On or before 3/17/2006, the parties shall file a fourth amended joint exhibits list, reflecting admission of the exhibits into evidence. (yc, ) |
Filing 588 SEI Y KIMS MEMORANDUM in Opposition to MOTION IN LIMINE to Exclude evidence of alleged damages 569 filed by defendant, counterclaimant, thrid party plaintiffs Sei Kim, Sei Kim, Korean Industrial Design Corporation, Sei Kim. (lc, ) |
Filing 587 OPPOSITION to MOTION IN LIMINE to Exclude evidence of alleged damages offered by LL&C at trial 570 ; declaration of Howard Gest filed by defendant LL&C Dealer Services LLC. (lc, ) Modified on 3/9/2006 (lc, ). Modified on 3/9/2006 (lc, ). |
Filing 586 THIRD AMENDED JOINT Exhibit List. (jp, ) |
Filing 582 TRANSCRIPT filed for proceedings held on 2/24/06. Court Reporter: Mark Schweitzer. (mo, ) |
Filing 581 TRANSCRIPT filed for proceedings held on 2/23/06. Court Reporter: Mark Schweitzer. (mo, ) |
Filing 580 TRANSCRIPT filed for proceedings held on 2/22/06. Court Reporter: Mark Schweitzer. (mo, ) |
Filing 579 TRANSCRIPT filed for proceedings held on 2/21/06. Court Reporter: Mark Schweitzer. (mo, ) |
Filing 578 TRANSCRIPT filed for proceedings held on 2/17/06. Court Reporter: Mark Schweitzer. (mo, ) |
Filing 577 TRANSCRIPT filed for proceedings held on 2/16/06. Court Reporter: Mark Schweitzer. (mo, ) |
Filing 576 TRANSCRIPT filed for proceedings held on 2/15/06. Court Reporter: Mark Schweitzer. (mo, ) |
Filing 575 TRANSCRIPT filed for proceedings held on 2/14/06. Court Reporter: Mark Schweitzer. (mo, ) |
Filing 574 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 2/14/06, 2/15/06, 2/16/06, 2/17/06, 2/21/06, 2/22/06, 2/23/06, 2/24/06 Court Reporter: Mark Schweitzer (mo, ) |
Filing 584 MINUTES OF Court Trial (8th Day) held and completed before Judge Andrew J. Wistrich :Plaintiff and defendants rest. Oral closing arguments calendared for March 24, 2006, 10 a.m. Revised proposed findings of fac and conclusions of law, annotated with citations to testimony and exhibits, must be lodged by March 20, 2006, with a courtesy copy on a CD delivered to chambers by noon on that date.Court Reporter: Mark Schweitzer. (yb, ) |
Filing 572 MINUTES OF Court Trial (7th Day) held and completed before Judge Andrew J. Wistrich :Witnesses called, sworn and testify. Exhibits identified and admitted. Case continued to February 24, 2006, 9:15 a.m.Court Reporter: Mark Schweitzer. (yb, ) |
Filing 571 NOTICE of lodgment of deposition transcripts for trial filed by plaintiff and counterdefendant Jay Kim, Cyclone USA Inc. (yc, ) |
Filing 570 MOTION to Exclude pregvioulsy undisclosed evidence of alleged damage offered by filed by plaintiff and counter defendant Jay Kim, Cyclone USA Inc.(yc, ) |
Filing 583 POWER POINT PRESENTATION BY LL&C DEALER SERVICES, LLC filed by Defendant LL&C Dealer Services LLC(lm, ) |
Filing 569 MOTION to Exclude previously undisclosed evidence of alleged damages offered by Sei Kim at trial filed by plaintiff and counter-defendant Jay Kim, Cyclone USA Inc.(yc, ) |
Filing 567 MINUTES OF Court Trial (6th Day) held and completed before Judge Andrew J. Wistrich :Witnesses called, sworn and testify. Exhibits identified and admitted. Case continued to February 23, 2006, 9:15 a.m.Court Reporter: Mark Schweitzer. (yb, ) |
Filing 566 MINUTES OF Court Trial (5th Day) held and completed before Judge Andrew J. Wistrich :Witnesses called, sworn and testify. Exhibits identified and admitted. Case continued to February 22, 2006, 9:15 a.m.Court Reporter: Mark Schweitzer. (yb, ) |
Filing 565 MINUTES OF Court Trial (Fourth Day) held and completed before Judge Andrew J. Wistrich :Witnesses called, sworn and testify. Exhibits identified and admitted. Case continued to February 21, 2006, 9:15 a.m.Court Reporter: Mark Schweitzer. (yb, ) |
Filing 564 MINUTES OF Court Trial (3rd Day) held and completed before Judge Andrew J. Wistrich :Witnesses, called, sworn and testify. Exhibits identified and admitted. Case continued to February 17, 2006, 9:15 a.m.Court Reporter: Mark Schweitzer. (yb, ) |
Filing 563 MINUTES OF Court Trial (2nd Day) held and completed before Judge Andrew J. Wistrich : Witnesses called, sworn and testify. Exhibits identified and admitted. Case continued to February 16, 2006, 9:15 a.m.Court Reporter: Mark Schweitzer. (yb, ) |
Filing 568 NOTICE of lodgment of deposition transcripts for trial filed by defendants Sei Kim. (yc, ) |
Filing 562 MINUTES OF Court Trial (1st Day) held and completed before Judge Andrew J. Wistrich : Opening statements made by plaintiff and defendants. Witnesses called,sworn and testify. Exhibits identified and admitted. Korean interpreter, Kummi Christina Lee, is sworn in and interprets for witness Sei Kim. Court will admit all exhibits on Second Amended Exhibit List and List of Pre-marked Documents that indicate that there are no objections from counsel. After trial is concluded, counsel will indicate which exhibits was not used during the trial and will be withdrawn. Case continued to February 15, 2006, 9;15a.m.Court Reporter: Mark Schweitzer. (yb, ) |
Filing 560 ORDER by Judge Andrew J. Wistrich, re EX PARTE APPLICATION for Leave to use adio/visual Equipment at trial 558 is granted (yc, ) |
Filing 559 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Andrew J. Wistrich ORDERING Ex parte application, proposed order submitted by Counter Claimant Sei Kim received on 2/9/2006 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(yc, ) |
Filing 557 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Andrew J. Wistrich ORDERING Ex parte application submitted by Defendant Cofbel Corp received on 2/9/2006 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(yc, ) |
Filing 561 PROOF OF SERVICE filed by defendants, counter-claimants and third party plaintiffs Korean Industrial Design Corporation, re EX PARTE APPLICATION for Leave to to use adio/visual Equipment at trial 558 , was served on 2/9/2006. (yc, ) |
Filing 558 EX PARTE APPLICATION for Leave to to use adio/visual Equipment at trial filed by defendants, counter-claimants Sei Kim, Korean Industrial Design Corporation. (yc, ) |
Filing 556 BRIEF regarding defendants agency claims FILED filed by plaintif Cyclone USA Inc. (yc, ) |
Filing 555 BRIEF regrarding admissibility of the Ken Theodore Declaration Support declaration of Mark A Schadrack. FILED filed by plaintiff Cyclone USA Inc. (yc, ) |
Filing 554 MEMORANDUM of Points and Authorities on agency arising out of Jay kim registration of Tornado Trademark filed by defendant Jay Kim. (yc, ) |
Filing 553 MEMORANDUM of Points and Authorities on admissibility of declaration of Kenneth T. Theodore filed by defendant Cofbel Corp. (yc, ) |
Filing 552 BRIEF on issue of relation ship of Jay and Sei Kim remaining for trial FILED filed by defendant LL&C Dealer Services LLC. (yc, ) |
Filing 573 MINUTES OF Final Pretrial Conference held before Judge Andrew J. Wistrich : Cpurt conducts pretrial conference. Matters are resolved as stated on the record.Tape #: 06-05. (yb, ) |
Filing 550 THIRD AMENDED FINAL PRE-TRIAL CONFERENCE ORDER by Judge Andrew J. Wistrich ; IT IS ORDERED: Plaintiff Cyclone USA Inc dba Tornado Air Management Systems, defendant LL&C Dealer Service, defendant Sei Kim and third party defendant Jay Kim are proceeding to trial. The parties have been served and have appeared. (see document for details) The foregoing facts are admitted. The trial is estimated to take 7/10 trial days. The trial is to be a bench trial. (see document for further details)(yc, ) |
Filing 551 TABLE OF CONTENTS TO PLAINTIFF AND JAY KIM'S PROPOSED FINDING OF FACT AND CONCLUSION OF LAW. filed by Plaintiff Cyclone USA Inc. Re: (yc, ) |
Filing 549 RESPONSE to plaintiff's objections re final pretrial conference order. filed by Defendant LL&C Dealer Services LLC (yc, ) |
Filing 548 REPLY to oppositon to MOTION IN LIMINE to Permit evidence of other wrongs and acts of Jay Kim and request for reconsideration of prior in limine ruling 539 filed by defendant LL&C Dealer Services LLC. (yc, ) |
Filing 547 OBJECTIONS to amendment to trial Witness List 545 filed by Defendant LL&C Dealer Services LLC. (yc, ) |
Filing 546 MOTION IN LIMINE regarding character Evidence and request for reconsideration filed by plaintiff Cyclone USA Inc.(yc, ) |
Filing 545 AMENDEDMENT TO TRIAL Witness List filed by plaintiff Jay Kim, Cyclone USA Inc.. (yc, ) |
Filing 544 DECLARATION of Sean P. Flynn filed by Plaintiff Cyclone USA Inc. in support of amendment to cyclone's trial witness list. (yc, ) |
Filing 543 OBJECTIONS to Sei Kim and LL&C's Statement of CLaims and Defenses Set Forth in the Third Amended [Proposed] Final Pre-Trial Conference Order filed by Plaintiff Cyclone USA, Inc. dba Tornado Air Management Systems and Jay Kim. (gk, ) |
Filing 542 NOTICE: Defendant's Motion in Limine to Permit Evidence of other Wrongs and Acts of Jay Kim 539 and Request for Reconsideration of Prior in Limine Ruling is continued from January 9, 2005, 10 a.m. to January 18, 2005, 2 p.m. (yb, ) |
Filing 538 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Status Conference 537 . Document number 537 is a duplicate entry of document #536. (yb, ) |
Filing 541 DECLARATION of David W. Burhenn in support of MOTION IN LIMINE to Permit evidence of other wrongs and acts of Jay Kim and request for reconsideration of prior in limine ruling 539 filed by defendant and counterclaimant LL&C Dealer Services LLC, LL&C Dealer Services LLC. (ca, ) |
Filing 540 MEMORANDUM of Points and Authorities in Support of MOTION IN LIMINE to Permit evidence of other wrongs and acts of Jay Kim and request for reconsideration of prior in limine ruling 539 filed by defendant and counterclaimant LL&C Dealer Services LLC, LL&C Dealer Services LLC. (ca, ) |
Filing 539 NOTICE OF MOTION AND MOTION IN LIMINE to Permit evidence of other wrongs and acts of Jay Kim and request for reconsideration of prior in limine ruling filed by defendant and counterclaimant LL&C Dealer Services LLC, LL&C Dealer Services LLC. Motion set for hearing on 1/9/2006 at 10:00 AM before Magistrate Judge Andrew J. Wistrich. (ca, ) |
Filing 535 STIPULATION AND ORDER by Judge Andrew J. Wistrich : IT IS HEREBY ORDERED that: LL&C shall file its opending brief for its motion regarding character evidence on or before 12/8/2005. Opposition to LL&C motion regarding character evidence shall be due on 1/4/2006. Any reply papers shall be due on 1/11/2006 and LL & C motion shall be heard on 1/18/2006.(yc, ) Modified on 12/9/2005 (yc, ). |
Filing 534 NOTICE OF LODGMENT OF TRIAL BINDER filed by plaintiffs Jay Kim, Cyclone USA Inc. Lodged Trail Binder (pj, ) |
Filing 537 MINUTES OF Status Conference held before Judge Andrew J. Wistrich : Bench Trial set for 2/14/2006 09:00 AM before Magistrate Judge Andrew J. Wistrich. Final Pretrial Conference set for 1/18/2006 02:00 PM before Magistrate Judge Andrew J. Wistrich. Proposed final pretrial conference order to be submitted within 21 days. Defendant's motion in limine re character evidence is calendared for january 18, 2006, 2 p.m. See document for further details.Tape #: 05-35. (yb, ) |
Filing 536 MINUTES OF Status Conference held before Judge Andrew J. Wistrich : Court sets the trial date for February 14, 2005, at 9 a.m. Final pretrial conference date and hearing on any pretrial motions is calendared for January 18, 2006 at 2 p.m. Proposed final pretrial conference order to be submitted within 21 days. Defendant's motion in limine re character evidence is calendared for January 18, 2006, 2 p.m. Detailed findings of fact and conclusions of law must be lodged by January 11, 2006. See document for further details.Tape #: 05-35. (yb, ) |
Filing 533 NOTICE of Change of Address by John P Cogger attorney for Defendant LL&C Dealer Services LLC, changing address to to 1455 Frazee Rod Suite 802; San Diego CA 92108; 619-209-4000. Filed by defendant LL&C Dealer Service (yc, ) |
Filing 532 NOTICE: Status conference calendared for November 14, 2005, 11 a.m. in Courtroom 690 before Hon. Andrew J. Wistrich. (yb, ) |
Status Conference set for 11/14/2005 11:00 AM before Magistrate Judge Andrew J. Wistrich. (yb, ) |
Filing 531 CONSENT TO PROCEED before Magistrate Judge, ALL PARTIES having consented in accordance with Title 28 Section 636(c) and F.R.CIV.P. 73(b) filed by Defendant LL&C Dealer Services LLC., signed by Judge Wm. Matthew Byrne. Case reassigned to Magistrate Judge Andrew J. Wistrich for final disposition. Any appeal shall be taken before the 9th Circuit Court of Appeals. (ir, ) |
Filing 530 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Wm. Matthew Byrne ORDERING Consent to Proceed before a United States Magistrate Judge and Designation submitted by Defendant LL&C Dealer Services LLC, Counter Claimant LL&C Dealer Services LLC received on 10/13/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(shb, ) |
Filing 529 MINUTES OF Telephone Conference held before Judge Wm. Matthew Byrne : Court instructs counsel to sign the form waiving trial in this court and accepting trial by the Magistate Judge. Counsel are further instructed to contact the Clerk to the Magistrate Jude for further proceedings.Court Reporter: Not Present. (yc, ) |
Filing 528 MINUTES OF Telephone Conference held before Judge Wm. Matthew Byrne: Court and counsel confer, the court schedules a further Telephone Conference for 10/5/2005 03:30 PM before Honorable Wm. Matthew Byrne.Court Reporter: Not Present. Counsel are instructed to initiate the call. (shb, ) |
Filing 527 MINUTES OF Telephone Conference held before Judge Wm. Matthew Byrne:Court and counsel confer, the Court schedules a further Telephone Conference set for 9/29/2005 02:00 PM before Honorable Wm. Matthew Byrne. Counsel are instructed to initiate this call.Court Reporter: Not Present. (shb, ) |
Filing 526 MINUTES OF Telephone Conference held before Judge Wm. Matthew Byrne : The court schedules a further conference call for Thursday #525 Telephone Conference set for 9/22/2005 10:30 AM before Honorable Wm. Matthew Byrne.Court Reporter: Not Present. (yc, ) |
Filing 525 MINUTES by Judge Wm. Matthew Byrne; Court on its own motion schedules a Telephone Conference for 9/15/2005 11:30 AM. Counsel are instructed to initiate this call.Court Reporter: n/a. (jag, ) |
Filing 524 MINUTES OF Telephone Conference held before Judge Wm. Matthew Byrne : Court and connsel confer, court instructs counsel it will contact Mr Gest early next week to set up a furhter conference call. Court Reporter: Not Present. (yc, ) |
Filing 523 MINUTES OF Telephone Conference. In chambers and off the record, the cohference is held before Judge Wm. Matthew Byrne: Court and counsel discuss the status of the case, court schedules another Telephone Conference call for 6/30/2005 03:00 PM before Honorable Wm. Matthew Byrne.Court Reporter: Not Present. (shb, ) |
Filing 522 MINUTES by Judge Wm. Matthew Byrne : Court and counsel discuss the status of the case, court schedules another conference call for Thursday 6/23/2005 at 11:00Am. Court Reporter: Not Present. (yc, ) |
Filing 521 MINUTES OF Conference Call held before Judge Wm. Matthew Byrne: In chambers and off the record, the conference call is held. Court and counsel discuss the status of the case, Court schedules another conference call, Set Hearings: Conference Call set for 6/16/2005 09:30 AM before Honorable Wm. Matthew Byrne.Court Reporter: Not Present. (gk, ) |
Filing 520 MINUTES OF Telephone Conference held before Judge Wm. Matthew Byrne : The court on its own motions conduct a conference call in chambers and off the record. Court and counsel confere, court instructs counsel to contact the courtroom deputy clerk at 213-894-3537 by 5/27/2005 re status of this case. Court Reporter: Not Present. (yc, ) |
Filing 518 Petition for Attorney Fees and expenses under the Equal Access to Justice act: Memorandum of points and authorities and declaraion of Stevens G. Rosales. filed by plaintiff Cyclone USA Inc.(yc, ) |
Filing 519 MINUTES SETTLEMENT CONFERENCE IN CHAMBERS before Judge Wm. Matthew Byrne : In chambers and off the record, the settlement conference is held. Court and counsel confer, this matter does not settle at this time, Court will schedule the trial for June, 2005. No further dates are scheduled at this time. Court Reporter: Not Present. (jp, ) |
Filing 517 MINUTES OF Telephone Conference held before Judge Wm. Matthew Byrne : The court directs parties to submit a 2-3 page brief regarding settlemnt positions on 4/28/2005 by 3pm. The court schedules settlement discussions for Friday 4/29/2005 at 9:30am before Honorable Wm. Matthew Byrne.Court Reporter: Not Present. (yc, ) |
Filing 516 MINUTES OF Telephone Conference held before Judge Wm. Matthew Byrne : Court and counsel confer. The court directs parties to submit a 2-3 page brief regarding settlement positions on 4/28/2005 by 3:00pm. The court schedules Settlement discussion for Friday 4/29/2005 09:30 AM before Honorable Wm. Matthew Byrne.Court Reporter: Not Present. (yc, ) |
Filing 514 MINUTES before Judge Wm. Matthew Byrne : Court and counsel discuss the status of the case and schedule a further conference call for Wednesday 4/27/2005 at 11am. Court Reporter: Not Present. (yc, ) |
Filing 515 MINUTES OF IN CHAMBERS ORDER by Judge Wm. Matthew Byrne :, The court sets a conference call for Monday 4/25/21005 at 4:00pm.Court Reporter: Not Present. (yc, ) |
Filing 513 MINUTES OF Telephone Conference held before Judge Wm. Matthew Byrne :, Set Hearings: Status Conference set for 4/21/2005 01:30 PM before Honorable Wm. Matthew Byrne. Counsel are instructed to submit two copies of the settlement briefs along with the last settlemetn offers, due Monday 4/18/2005Court Reporter: Not Present. (yc, ) |
Filing 512 MINUTES OF Initial Pretrial Conference held before Judge Wm. Matthew Byrne : The court sets a confernece call for Friday 4/15/2005 at 3:30pm. before Honorable Wm. Matthew Byrne.Court Reporter: Maria Bustillos. (yc, ) |
Filing 511 MINUTES by Judge Wm. Matthew Byrne :, Set Hearings: Pretrial Conference set for 4/13/2005 01:00 PM before Honorable Wm. Matthew Byrne.Court Reporter: Margaret Babykins. (yc, ) |
Filing 509 FOURTH AMENDED JOINT TRIAL WITNESS LIST filed by Plaintiff and Third Party Defendant Jay Kim, Cyclone USA Inc.(shb, ) |
Filing 508 First Amended JOINT Exhibit List filed by Plaintiff and Third Party Defendant Jay Kim, Cyclone USA Inc (shb, ) |
Filing 510 MINUTES OF Initial Pretrial Conference held before Judge Wm. Matthew Byrne :, Court and counsel confer the court continues the Pretrial Conference to Tuesday 4/5/2005 at 9:30am. Court Reporter: Not Present. (yc, ) |
Filing 507 MINUTES OF Telephone Conference held IN CHAMBERS and off record by Judge Wm. Matthew Byrne: pretrial conference continued to 3/22/05 1:30 PM;Court Reporter: none. (lc, ) |
Filing 505 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Wm. Matthew Byrne ORDERING Trial memorandum submitted by Defendant LL&C Dealer Services LLC received on 2/22/2005 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(yc, ) |
Filing 502 MINUTES OF Initial Pretrial Conference before Judge Wm. Matthew Byrne : The court will resume this pretrial conference on Thursday March 3,2005 at 9:30am at which time the court will expect to have an amended pretrial conference trial order, a joint exhibit list and a proposed findings of fact and conclusions of law, if possible.Court Reporter: Sherri Kleeger. (yc, ) |
Filing 501 Supplemental opposition in opposition to re MOTION IN LIMINE 14 of 14 to Preclude 304 filed by defendants LL&C Dealer Services LLC. (yc, ) |
Filing 500 MEMORANDUM in Support of MOTION IN LIMINE to Exclude evidence of claimed equivalency or superiority of or testimonials regarding subsequently manufactured fuel saver devices (1 of 1) 315 filed by defendant LL&C Dealer Services LLC. (yc, ) |
Filing 499 FIRST AMENDED filed by ThirdParty Defendant Jay Kim, Plaintiff Cyclone USA Inc. Memorandum of Contentions of Fact and Law 496 (yc, ) |
Filing 498 AMENDED filed by Defendant Sei Kim, Counter Claimant Sei Kim. Memorandum of Contentions of Fact and Law 496 (yc, ) |
Filing 506 TRIAL MEMORANDUM of Points and Authorities in Support filed by defendant LL&C Dealer Services LLC. (yc, ) |
Filing 497 OBJECTIONS to Cyclone USA Inc and Jay Kim'[s exhibits filed by Counter Claimants Sei Kim, Korean Industrial Design Corporation. (yc, ) |
Filing 496 MEMORANDUM of CONTENTIONS of FACT and LAW filed by defendants,counterclaimants and third party plaintiffs Korean Industrial Design Corporation.. (yc, ) |
Filing 504 MINUTES OF contined Pretrial Conference held before Judge Wm. Matthew Byrne: Court continues the Pretrial Conference to 2/24/05 2:15. Trial date of 2/22/05 is vacated and will be rescheduled on 2/24/05. Counsel to submit memorandum regarding contentions of fact and law, a revised pretrial conference ordere and witness list by 2/23/05. Counsel are to discuss birufcation prior to the next hearing date.Court Reporter: Kathy Stride. (syb, ) |
Filing 495 NOTICE of lodgment of draft jury instructions filed by Plaintiffs Jay Kim, Cyclone USA Inc. (yc, ) |
Filing 503 MINUTES Pretrial Conference held before Judge Wm. Matthew Byrne : The court continues the estimated 5-7 day bench trial date fto 2/22/2005 at 9am. Court instruct counsel to submit trial doucments due 2/18/2005; Court continues the Pretrial to 2/16/2005 at 10am. Court Reporter: Carole Elkins. (yc, ) |
Filing 494 ORDER by Judge Wm. Matthew Byrne : granting in part and denying in part 460 Motion for Partial Summary Judgment and denying motion for partial summary judgment against defendant LL&C. And denying motion for rule 11 sanctions. (see filed for details) (yc, ) |
Filing 493 OBJECTIONS to Declaration (non-motion) 492 filed by ThirdParty Defendant Jay Kim, Plaintiff Cyclone USA Inc. (yc, ) |
Filing 492 DECLARATION of Fredereric G Ludwig III regarding filing of porosed final pretrial conference order filed by Sei Kim, Dei Kim doing business as Korean Industrial Design erroneously sued as Korean Inustrial Design Corporation. (lc, ) |
Filing 489 MINUTES held before Judge Wm. Matthew Byrne :, RE: MOTION for Partial Summary Judgment 463 , grants in part and denies in part, REQUEST for Sanctions 470 , denied.Court confirms the pretrial conference date of 2/7/2005 at 10:30am. Court Reporter: Carole Elkins. (yc, ) |
Filing 491 Sur-REPLY to MOTION for Partial Summary Judgment 460 filed by defendants, counter-claimants and third party plaintiffs Sei Kim, Sei Kim, Korean Industrial Design Corporation. (yc, ) |
Filing 490 OPPOSITION to REQUEST for Sanctions 470 filed by plaintiff Jay Kim, Cyclone USA Inc. (yc, ) |
Filing 487 OBJECTION to opposition to MOTION for Partial Summary Judgment 463 filed by plaintiffs Jay Kim, Cyclone USA Inc. (yc, ) |
Filing 486 OBJECTION TO DECLARATION IN OPPOSITION to MOTION for Partial Summary Judgment 463 filed by plaintiff Jay Kim, Cyclone USA Inc. (yc, ) |
Filing 485 RESPONSE filed by ThirdParty Defendant Jay Kim, Plaintiff Cyclone USA Inc to Statement 469 (yc, ) |
Filing 484 OBJECTIONS DECLARTION OPPOSITION to MOTION for Partial Summary Judgment 463 filed by plaintiffs Jay Kim, Cyclone USA Inc. (yc, ) |
Filing 483 RESPONSE filed by ThirdParty Defendant Jay Kim, Plaintiff Cyclone USA Inc to Statement 469] (yc, ) |
Filing 482 REPLY in support of MOTION for Partial Summary Judgment 460 filed by plaintiff Jay Kim, Cyclone USA Inc. (yc, ) |
Filing 481 REPLY to MOTION for Partial Summary Judgment 463 filed by plaiantiff Cyclone USA Inc. (yc, ) |
Filing 488 MINUTES OF Telephone Conference held before Judge Wm. Matthew Byrne : The court schedules MOTION for Partial Summary Judgment 463 and request for sanction on 1/24/2005 at 11am. Court Reporter: Not Present. (yc, ) |
Filing 478 DECLARATION of Frederic G Ludwig in support of re MOTION for Partial Summary Judgment 463 filed by defendants,counterclaimants and thrid party plaintiffs Sei Kim. (yc, ) |
Filing 477 OPPOSITION to MOTION for Partial Summary Judgment 463 filed by defendants,counter claimans and third party plaintiffs Sei Kim, Sei Kim, Sei Kim. (yc, ) |
Filing 473 MEMORANDUM of CONTENTIONS of FACT and LAW filed by plaintiff, counterclaim defendant Cyclone USA Inc and third party defendant Jay Kim. (syb, ) Modified on 1/18/2005 (jj, ). |
Filing 476 DECLARATION of Peter G Arnold of Knox Attorney Services, San Diego filed by ThirdParty Plaintiff Sei Kim, Defendant Sei Kim, Counter Claimant Sei Kim. (yc, ) |
Filing 475 RESPONSE to separate statement of uncontroverted facts 463 filed by defendants, counter claimants and third party plainitffs Sei Kim, Sei Kim. (yc, ) |
Filing 474 DECLARATION of Sei Kim in opposition to the re MOTION for Partial Summary Judgment 463 filed by Defendants,counterclaimants Sei Kim. (yc, ) |
Filing 479 STIPULATION AND ORDER by Judge Wm. Matthew Byrne that the briefing schedule for the Motions for Partial Summary Judgment 460 filed by plaintiff and counter-defendant Cyclone USA, Inc. and third-party defendant Jay Kim be amended as follows: (1) that the current 1/10/2005, date by which Sei Kim and LL&C Dealer Services, LLC must submit their oppositions to Cyclone USA and Jay Kim's Motions be continued to 1/11/2005; and (ii) that the current 1/18/2005, date by which Cyclone USA and Jay Kim must submit their reply briefs be continued to 1/19/2005.(gk, ) |
Filing 472 OPPOSITION to MOTION for Partial Summary Judgment 463 filed by defendant LL&C Dealer Services LLC. (yc, ) |
Filing 471 DECLARATION of Randon Largent in opposition to re MOTION for Partial Summary Judgment 463 filed by defendant LL&C Dealer Services LLC. (yc, ) |
Filing 470 REQUEST for Sanctions ; Declaration of Larry D Langley; Declaration of Howard Gest; Declaration of David Burhenn filed by defendant LL&C Dealer Services LLC. (yc, ) |
Filing 469 STATEMENT of Statement of genuine issues in opposition to MOTION for Partial Summary Judgment 463 filed by defendant LL&C Dealer Services LLC. (yc, ) |
Filing 468 OPPOSITION to MOTION for Partial Summary Judgment 463 filed by Defendant LL&C Dealer Services LLC. (yc, ) |
Filing 480 MINUTES OF Telephone Conference held before Judge Wm. Matthew Byrne : Court and counsel discuss the status of the case and schedule the summary judgment motions for 1/24/2005 at 11am. Court sets the settlment cut off date for 1/14/2005 and schedules a further conference call for 1/19/2005 at 12pm. Court Reporter: not present. (yc, ) |
Filing 467 SECOND AMENDED specila verdict form filed by ThirdParty Defendant Jay Kim, Plaintiff Cyclone USA Inc. (yc, ) |
Filing 466 THIRD AMENDED JOINT TRIAL WITNESS LIST filed by ThirdParty Defendant Jay Kim, Plaintiff Cyclone USA Inc. (yc, ) |
Filing 465 DECLARATION of Jay Kim in support of re MOTION for Partial Summary Judgment 463 filed by plaintiffs Jay Kim, Cyclone USA Inc. (yc, ) |
Filing 464 DECLARATION of Timothy Skelton in support of re MOTION for Partial Summary Judgment 463 filed by plaintiff Jay Kim, Cyclone USA Inc. (yc, ) |
Filing 463 NOTICE OF MOTION AND MOTION for Partial Summary Judgment against LL&C filed by plaintiffs Jay Kim, Cyclone USA Inc. Motion set for hearing on 1/24/2005 at 10:00 AM before Honorable Wm. Matthew Byrne. Lodged LODGED PROPOSED STATEMENT AND ORDER. (yc, ) |
Filing 462 DECLARATION of Jay Kim in support re MOTION for Partial Summary Judgment 460 filed by plaintiff Jay Kim, Cyclone USA Inc. (yc, ) |
Filing 461 DECLARATION of Timothy L Skelton in support of re MOTION for Partial Summary Judgment 460 filed by plaintiff Jay Kim, Cyclone USA Inc. (yc, ) |
Filing 460 NOTICE OF MOTION AND MOTION for Partial Summary Judgment against Sei Kim filed by plaintiff Jay Kim, Cyclone USA Inc. Motion set for hearing on 1/24/2005 at 10:00 AM before Honorable Wm. Matthew Byrne. Lodged LODGED PROPOSED STATEMTN AND ORDER. (yc, ) |
Filing 459 MINUTES OF Telephone Conference held before Judge Wm. Matthew Byrne : The court grants plaintiff's oral motion allowing plaintiff to file a summary judgment motion and issues the following schedule: Motions for summary judgment to be filed by 12/23/2004; Opposition 1/5/2005; Reply 1/12/2005; Hearing 1/19/2005 at 10am; TRial documents due 12/27/2004; Pretrail order due 2/1/2005; Trial set for 2/15/2005 09:00 AM ; Pretrial Conference set for 2/7/2005 10:00 AM ; Telephone Conference set for 12/29/2004 10:30 AM. Counsel are instructed to initiate this call. Court Reporter: Not Present. (yc, ) |
Filing 458 Sei Y Kim's Position Paper on a Motion for partial summary judgment on ownership of the "Tornado" Trademark FILED filed by Defendant and Counter Claimant Sei Kim, Sei Kim. (shb, ) |
Filing 457 CYCLONE USA's Position paper on its Proposed Motions for Partial Summary Judgment FILED filed by Plaintiff and Third Party Defendant Jay Kim, Cyclone USA Inc. (shb, ) |
Filing 456 OPPOSITION to Cyclone's Request to file additional Motions for Partial Summary Judgment filed by Defendant LL&C Dealer Services LLC, Counter Claimant LL&C Dealer Services LLC. (shb, ) |
Filing 455 MINUTES before Judge Wm. Matthew Byrne: CONFERENCE CALL (IN CHAMBERS). Conference call is held in chambers and off the record. Court and counsel discuss the status of the case. Position papers are due Monday, December 13, 2004. The Court schedules a Conference call to hear the moitons on 12/16/2004 10:00 AM. Counsel are instructed to initiate this call. Court Reporter: Not Present. (jp, ) |
Filing 454 MINUTES before Judge Wm. Matthew Byrne: (IN CHAMBERS) CONFERENCE CALL. In chambers and off the record, the conference call is held. Court and counsel discuss the status of the case. Counsel inform Court that the case has not settled. Court sets a further conference call for 12/8/2004 12:00 PM. followed by a Status Conference on 12/9/2004 09:00 AM. Court Reporter: Not Appearanced. (jp, ) |
Filing 452 MINUTES Telephone Conference held before Judge Wm. Matthew Byrne : Telephone Conference set for 12/6/2004 12:00 PM before Honorable Wm. Matthew Byrne.Court Reporter: Not Present. (yc, ) |
Filing 453 MINUTES held before Judge Wm. Matthew Byrne : The court continues the conferenc call for 11/29/2004 to Tuesday 11/30/2004 at 1:30pm. Counsel will initiate this call. Court Reporter: Not Present. (yc, ) |
Filing 451 MINUTES OF Telephone Conference vacated before Judge Wm. Matthew Byrne : and instructs counsel to contact the clerk for rescheduling. Court Reporter: Not Present. (yc, ) |
Filing 450 MINUTES : Court on own motion holdsTelephone Conference in chambers and off record ; status of case discussed; 11/9/04 status conference vacated; Telephone Conference set for 11/22/2004 02:30 PM and counsel instructed to initiate this call by Judge Wm. Matthew Byrne.Court Reporter: none. (lc, ) |
Filing 449 MINUTES Status Conference held before Judge Wm. Matthew Byrne : Status Conference reset for 11/19/2004 01:30 PM before Honorable Wm. Matthew Byrne.Court Reporter: Not Present. (yc, ) |
Filing 448 NOTICE of Change of attorney information by attorney Sean P Flynn for Plaintiff Cyclone USA Inc, changing suite only. Filed by plaintiff Cyclone USA (yc, ) |
Filing 447 NOTICE of Change of attorney information. by attorney Timothy L Skelton for Plaintiff Cyclone USA Inc, changing address to Suite 1100. Filed by plaintiff Cyclone USA (yc, ) |
Filing 446 NOTICE of Change of attorney Address by attorney Allan E Anderson for Plaintiff Cyclone USA Inc, changing address to sutie 1100. Filed by plaintiff Cyclone USA Inc (yc, ) |
Filing 444 Substitution of Attorney filed. Substituting attorney Larry Dean Langley for LL&C Dealer Services LLC in place and stead of Larry D Langley Law Office by Judge Wm. Matthew Byrne. (mch, ) |
Filing 442 Report of Re Meeting of Parties to discuss Pre-Trial Issues filed by Plaintiff Cyclone USA Inc, ThirdParty Defendant Jay Kim. (yc, ) |
Filing 445 MINUTES : Status Conference held before Judge Wm. Matthew Byrne : Counsel present, hearing held. In light of the narrowed causes of action, counsel will updae the court on the current Motions in Limine currently under submission, as they may be moot. Counsel have informed the court they will meet on their own on 10/12/2004. No further Court hearing dates are scheduledCourt Reporter: Margaret Baybkin. (yl, ) |
Filing 443 MANDATE of Federal Circuit filed as to Appeal to Circuit Court, 141 , CCA # 03-1559. The appeal is affirmed. Mandate received in this district on 10/13/04. (ghap, ) |
Filing 441 MINUTES held before Judge Wm. Matthew Byrne :denies MOTION for Attorney Fees 415 , AS to plaitiff Cyclone's Application for OSC counsel orally stipulate to submit an agreement, court takes this motion off calendar, 406 , grant's in part MOTION for Partial Summary Judgment 397 , Court holds ruling on defendant's MOTION IN LIMINE to Exclude testimony of Mark M. Newman, Expert witness for plaintff and counter-defendant 399 , Court instructs counsel if they desire a written order, to contract the court. Court schedules a status for Thursday: Status Conference set for 10/7/2004 10:00 AM.Court Reporter: John Turman. (yc, ) |
Filing 439 ISSUES OF FACT and LAW filed by defendant & counterclaimant LL&C Dealer Services LLC.. (yc, ) |
Filing 440 OBJECTIONS TO UNTIMELY SUBMISSION OF EVIDENCE IN SUPPORT OF ITS re MOTION for Attorney Fees 415 filed by plaintiff Cyclone USA Inc, Jay Kim. (yc, ) |
Filing 435 REPLY BRIEF in support MOTION for Attorney Fees 415 filed by defendant Cofbel Corp. (pj, ) |
Filing 437 OBJECTION TO R RANDON LARGENTS DECLARATION IN OPPOSITION TO MOTION for Order 406 filed by plaintiff Cyclone USA Inc, Jay Kim. (pj, ) |
Filing 436 REPLY TO LL&C OPPOSITION to plaintiffs application for Order to Show Cause filed by Counter Defendant Cyclone USA Inc, ThirdParty Defendant Jay Kim (pj, ) |
Filing 438 NOTICE OF ERRATA filed by Plaintiff Cyclone USA Inc, ThirdParty Defendant Jay Kim. correcting Opposition to Motion 433 (pj, ) |
Filing 434 MANDATE of 9th CCA filed as to Appeal to Circuit Court, 141 , CCA # 03-1559. The judgment of Federal Circuit is affirmed. Mandate received in this district on 09/21/04. (wdc, ) |
Filing 433 OPPOSITION to MOTION for Attorney Fees 415 ; Declaration of Timothy L Skelton filed by Plaintiff and Third party defendant Cyclone USA Inc, Jay Kim. (shb, ) |
Filing 432 CERTIFICATE OF SERVICE filed by defendant and counterclaimant LL&C Dealer Services, LLC re 427 Declaration OF Larry D. Langley; 428 Declaration of John Cogger; 429 Declaration of Andy Donato; 431 Declaration of George Leon; and 430 Declaration of R. Randon Largent in Support of LL&C's Opposition to Cyclone's Application for an OSC re Contempt, was served on 9/8/2004. (gk, ) |
Filing 431 DECLARATION of George Leon in Opposition to Cyclone's Motion re Contempt re 406 filed by defendant and counterclaimant LL&C Dealer Services, LLC. (gk, ) |
Filing 430 DECLARATION of R. Randon In Opposition to Cyclone's Motion Re Contempt against LL&C (Related to Application 406 ) filed by Defendant LL&C Dealer Services LLC. (dw, ) |
Filing 429 DECLARATION of Andy Donato in Opposition to Cyclone's Motion Re Contempt. (Related to MOTION 406 ) filed by Defendant LL&C Dealer Services LLC. (dw, ) |
Filing 428 DECLARATION of John P. Cogger In Support of Opposition to Plaintiff's Application for an OSC Re Contempt Related to Application 406 filed by Defendant LL&C Dealer Services LLC. (With Exhibits A-E)(dw, ) |
Filing 427 DECLARATION of Larry D. Langley In Support of Opposition to Plaintiff's Application for an OSC Re Contempt Related to Application 406 filed by Defendant LL&C Dealer Services LLC. (dw, ) |
Filing 426 DECLARATION of John P. Cogger In Support of Opposition to Plaintiff's Application for an OSC Re Contempt Related to Application 406 filed by Defendant LL&C Dealer Services LLC. (dw, ) |
Filing 425 OPPOSITION to Cyclone's APPLICATION FOR AN OSC RE CONTEMPT 406 filed by Defendant and Counterclaimant LL&C Dealer Services LLC. (pbap, ) |
Filing 424 REPLY to MOTION IN LIMINE to Exclude testimony of Mark M. Newman, Expert witness for plaintff and counter-defendant 399 filed by defendants counter-claimants and third party plaintiffsa Sei Kim, Korean Industrial Design Corporation. (yc, ) |
Filing 422 OBJECTION TO Sei Kim's declaration in OPPOSITION to MOTION for Partial Summary Judgment 397 filed by plaintiff Cyclone USA Inc, Jay Kim. (yc, ) |
Filing 418 STIPULATION AND ORDER by Judge William M. Byrne Jr. The statement of disputed facts and law and joint exhibit list will be filed on or before 8/30/04. Cyclone's motion for partial summary judgment re LL&C trademark standing and Sei Kim 's motions in limne re Cyclone's patent expert: Last day to file motions: 8/17/04; Last day to file oppositons 8/24/04; Last day to file replies 8/31/04; The Parties propose the following briefing schedule for Cyclone's motion for an OSC re contempt: Last day to filed motion: 8/24/04; Last day to file opposition 9/1/04; Last day to file reply; 9/8/04; The hearing on the motions as well as all other pending motion Cyclone motion for attorney fees are set for 9/28/04. If the parties disire to adjust their briefing schedule they may do so by agreement. 313 MOTION IN LIMINE to Exclude designation of plaintiff and counter-defendant as torando air management, 315 MOTION IN LIMINE to Exclude evidence of claimed equivalency or superiority of or testimonials regarding subsequently manufactured fuel saver devices (1 of 1), 316 MOTION IN LIMINE to Bifurcate or severance of trial: memorandum of points and authorites; Declaration of Anthony N Luti in support, 406 MOTION for Order, 300 MOTION IN LIMINE 13 of 14 to Exclude testimony of Dr. Barbara Luna, 317 MOTION IN LIMINE #2 of 14 to Preclude From calling Dr Luna, 318 MOTION IN LIMINE #8 of 14 for Evidence Re: Parol evidence concerning the LL & C/SEI Kim agreement, 319 MOTION IN LIMINE #10 of 14 for Evidence Re; Tornado Devices, 320 MOTION IN LIMINE #7 of 14 for Evidence Re: Demonstrative evidence, 321 MOTION IN LIMINE to Exclude testimony of Gary L Frazier Ph. D, expert witness for plantiff and counter-defendant, 397 MOTION for Partial Summary Judgment, 302 MOTION IN LIMINE 11 of 14 to Bifurcate Liability and the punitive damage claim and exclude evidence of cyclone's finance of condition, 304 MOTION IN LIMINE 14 of 14 to Preclude, 305 MOTION IN LIMINE 6 of 14 to Preclude, 306 MOTION IN LIMINE #1 of 14 to Preclude re Standing for defendant's trademark cause of action, 267 MOTION for Summary Judgment, 307 MOTION IN LIMINE #9 of 14 to Preclude Re: Carb EOs, 308 MOTION IN LIMINE #3 of 14 to Preclude Re: Remedial measures, 309 MOTION IN LIMINE #9 of 14 to Preclude RE: Carb EOs, 415 MOTION for Attorney Fees, 312 MOTION IN LIMINE #4 of 14 for Evidence Re: Peter Son., STIPULATION AND ORDER by Judge Wm. Matthew Byrne : re MOTION IN LIMINE to Exclude designation of plaintiff and counter-defendant as torando air management 313 , MOTION IN LIMINE to Exclude evidence of claimed equivalency or superiority of or testimonials regarding subsequently manufactured fuel saver devices (1 of 1) 315 , MOTION IN LIMINE to Bifurcate or severance of trial: memorandum of points and authorites; Declaration of Anthony N Luti in support 316 , MOTION for Order 406 , MOTION IN LIMINE 13 of 14 to Exclude testimony of Dr. Barbara Luna 300 , MOTION IN LIMINE #2 of 14 to Preclude From calling Dr Luna 317 , MOTION IN LIMINE #8 of 14 for Evidence Re: Parol evidence concerning the LL & C/SEI Kim agreement 318 , MOTION IN LIMINE #10 of 14 for Evidence Re; Tornado Devices 319 , MOTION IN LIMINE #7 of 14 for Evidence Re: Demonstrative evidence 320 , MOTION IN LIMINE to Exclude testimony of Gary L Frazier Ph. D, expert witness for plantiff and counter-defendant 321 , MOTION for Partial Summary Judgment 397 , MOTION IN LIMINE 11 of 14 to Bifurcate Liability and the punitive damage claim and exclude evidence of cyclone's finance of condition 302 , MOTION IN LIMINE 14 of 14 to Preclude 304 , MOTION IN LIMINE 6 of 14 to Preclude 305 , MOTION IN LIMINE #1 of 14 to Preclude re Standing for defendant's trademark cause of action 306 , MOTION for Summary Judgment 267 , MOTION IN LIMINE #9 of 14 to Preclude Re: Carb EOs 307 , MOTION IN LIMINE #3 of 14 to Preclude Re: Remedial measures 308 , MOTION IN LIMINE #9 of 14 to Preclude RE: Carb EOs 309 , MOTION for Attorney Fees 415 , MOTION IN LIMINE #4 of 14 for Evidence Re: Peter Son 312 . The hearing on the above motions as well as all other pending motions C Motion set for hearing on 9/28/2004 at 10:00 AM before Honorable Wm. Matthew Byrne.(yc, ) |
Filing 417 TRANSCRIPT filed for proceedings held on 03/30/04. Court Reporter: Margaret J. Babykin. (wdc, ) |
Filing 416 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following date: 03/30/04, Court Reporter: Margaret J. Babykin. (wdc, ) |
Filing 423 MINUTES Telephon Conference held before Judge Wm. Matthew Byrne: Court and counsel confer the court continues all pending motions 406 397 267 415 to Tuesday 9/28/04 at 10:00 am. Motion set for hearing on 9/28/2004 at 10:00 AM before Honorable Wm. Matthew Byrne.Court Reporter: Not Present. (yc, ) |
Filing 415 NOTICE OF MOTION AND MOTION for Attorney Fees filed by defendant Cofbel Corp. Motion set for hearing on 9/20/2004 at 10:00 AM before Honorable Wm. Matthew Byrne. (bg, ) |
Filing 414 OPPOSITION to MOTION IN LIMINE to Exclude testimony of Mark M. Newman, Expert witness for plaintff and counter-defendant 399 filed by plaintiff Cyclone USA Inc, Jay Kim. (yc, ) |
Filing 413 DECLARATION of Valerie Sullivan] filed by plaintiff Cyclone USA Inc. (yc, ) |
Filing 412 DECLARATION of Beverly Taylor filed by plaintiff Cyclone USA Inc. (yc, ) |
Filing 411 DECLARATION of Sabrina F Touch filed by plaintiff Cyclone USA Inc. (yc, ) |
Filing 410 DECLARATION of Chang-Ji Park filed by Chang-Jin Park Cyclone USA Inc. (yc, ) |
Filing 409 DECLARATION of Darin R Dominguez re MOTION for Order 406 filed by plaintiff Cyclone USA Inc. (yc, ) |
Filing 408 DECLARATION of Jay Kim re MOTION for Order 406 filed by plaintiff Cyclone USA Inc. (yc, ) |
Filing 407 DECLARATION of Karma Hughes re MOTION for Order 406 filed by plaintiff Cyclone USA Inc. (yc, ) |
Filing 406 NOTICE OF APPLICATION AND APPLICATION FOR AN OSC RE CONTEMPT; Declararion of Mark A Schadrack. filed by plaintiff/counter-defendant Jay Kim. Motion set for hearing on 9/20/2004 at 10:00 AM before Honorable Wm. Matthew Byrne. (yc, ) |
Filing 405 STATEMENT of genuine issues in opposition to re MOTION for Partial Summary Judgment 397 filed by defendant/counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 404 DECLARATION of R. Randon Largent in support of re MOTION IN LIMINE to Exclude testimony of Mark M. Newman, Expert witness for plaintff and counter-defendant 399 filed by defendant/counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 403 DECLARATION of Sei Kim in support of re MOTION for Partial Summary Judgment 397 filed by defendants Sei Kim. (yc, ) |
Filing 402 OPPOSITION to MOTION for Partial Summary Judgment 397 filed by defendant/countercliamant LL&C Dealer Services LLC. (yc, ) |
Filing 400 MEMORANDUM of points and authorities in support of MOTION IN LIMINE to Exclude testimony of Mark M. Newman, Expert witness for plaintff and counter-defendant 399 filed by defendants,counter-claimants,and third-party plaintiffs Sei Kim. (yc, ) |
Filing 399 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude testimony of Mark M. Newman, Expert witness for plaintff and counter-defendant filed by defendants, counter-claimants, and third party plaintiffs Sei Kim and Sei Kim dba Korean Industrial Design erroneously sued as Korean Industrial Design Corp.(yc, ) |
Filing 398 DECLARATION of Timothy L. Skelton in support of re MOTION for Partial Summary Judgment 397 filed by plaintiff Cofbel Corp. (yc, ) |
Filing 397 NOTICE OF MOTION AND MOTION for Partial Summary Judgment against LL&C Re LL&C's Trademark standing filed by plaintiffs Cyclone USA Inc. Motion set for hearing on 9/13/2004 at 10:00 AM before Honorable Wm. Matthew Byrne. Lodged ORDER, LODGED STATEMENT OF UNCONTROVERTED FACTS. (yc, ) |
Filing 421 RESPONSE to LL&C's statement of genuine issues 397 filed by plaintiff Cyclone USA Inc, Jay Kim. (yc, ) |
Filing 420 REPLY in support of its MOTION for Partial Summary Judgment 397 filed by plaintiff Cyclone USA Inc, Jay Kim. (yc, ) |
Filing 419 OBJECTION to R. Randon Largent's declaration in opposition to MOTION for Partial Summary Judgment 397 filed by plaintiff Cyclone USA Inc, Jay Kim. (yc, ) |
Filing 396 STIPULATION AND ORDER by Judge Wm. Matthew Byrne : IT IS HEREBY ORDERED that pursuant to the federal rules of civil procedure that counts seventeen and eighteen in Cyclone USA third amended complaint are dismissed with prejudice as against all parties. (yc, ) |
Filing 401 MINUTES Telephone Conference held before Judge Wm. Matthew Byrne : The parties should file a stipulation setting forth the briefing schedule (1) on the motion for summary judgment regarding standing (2) on the order to show cause and (3) on the motion in limine regarding the exclusion of the patent expert's testimony. The stipulaton will also set forth the dates that the parties will submit the joint list of disputed facts and the joint exhibit list. The court will schedule a conference call after it receives the stipulation During that call, the court will set a trial date and a date for a conference to go over the jury insturctions. Court Reporter: Not Present. (yc, ) |
Filing 395 OPPOSITION to MOTION IN LIMINE to Exclude evidence of claimed equivalency or superiority of or testimonials regarding subsequently manufactured fuel saver devices (1 of 1) 315 filed by PLAINTIFF Cyclone USA Inc. (yc, ) |
Filing 394 PROOF OF SERVICE filed by plaintiff/counter-defendant/third party defendant Cyclone USA Inc, Jay Kim. re 392 Special Jury Instructions, 393 special verdict form (yc, ) |
Filing 393 SPECIAL VERDICT form filed by COUNTER-CLAIMANT Cyclone USA Inc.. (yc, ) |
Filing 392 JOINT SPECIAL JURY INSTRUCTIONS. filed by counter-claimant Cyclone USA(yc, ) |
Filing 390 MINUTES held before Judge Wm. Matthew Byrne : Telephone Conference continues from 8/5/2004 to 8/12/2004 9:30 AM.Court Reporter: Not Present. (yc, ) |
Filing 387 FIRST AMENDED joint statement of stiulated facts filed by Plaintiff Cyclone USA Inc. (yc, ) |
Filing 391 ORDER by Judge Wm. Matthew Byrne, re MOTION for Summary Judgment 267 , granting MOTION for Summary Judgment 267 Cofbel's motion for summary judgment against Cyclone's third and nineteenth claims are granted. As all other claims have been dismissed, judgment will be entered in favor of Cofbel. (yc, ) |
Filing 384 MOTIONS IN LIMINE (SEE DOCUMENT) filed by plaintiff Cyclone and defendant LL&C Cofbel Corp, Cyclone USA Inc. (yc, ) |
Filing 386 Second Amenddd Joint Trial Witness List. (shb, ) |
Filing 385 STATEMENT of the Case filed by Plaintiff Cyclone USA Inc, Counter Defendant Cyclone USA Inc (shb, ) |
Filing 383 STIPULATION AND ORDER by Judge Wm. Matthew Byrne : IT IS SO ORDERED that the Jury Instructions, Special Verdict Form, Statement of Undisputed Facts, Statement of Disputed Facts and Law, Amended Witness List, Neutral Statement of the Case, and Exhibit List will be filed on 8/2/04. The Conference with the Court will be re-scheduled to 8/5/2004 10:00 AM before Honorable Wm. Matthew Byrne. Counsel's Office for Cyclone USA, Incorporated will contact the Court for this date and time, and will give notice to all parties, and their respective counsel, regarding same(rl, ) |
Filing 389 REQUEST FOR JUDICIAL NOTICE in support of MOTION IN LIMINE to Exclude designation of plaintiff and counterdefendant 388 filed by defendant and counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 388 MOTION IN LIMINE to Exclude designation of plaintiff and counterdefendant Cyclone USA as tornado air management. filed by defendant, counterclaimant and third party plaintiffs Sei Kim.(yc, ) |
Filing 382 MINUTES Status Conference held before Judge Wm. Matthew Byrne : Status Conference continued 7/28/2004 10:00 AM. Court informs counsel the exhibit list is due by 7/23/04 all other documents are due by 7/21/04. Court Reporter: Not Present. (yc, ) |
Filing 381 STIPULATION AND ORDER by Judge Wm. Matthew Byrne : IT IS SO ORDERED the joint jury instruction will be continued to 6/29/04. The special verdict will be continued to 7/6/04. The amended witness list and neutral statement of the case, will be continued to 7/6/04. The joint trial exhibit list will be continued to 7/7/04. The statement of remaining legal issues will be submitted 7/9/04(rl, ) |
Filing 380 MINUTES held before Judge Wm. Matthew Byrne : Hearing held; appearances made. Court hears oral argument and takes the motions in limine UNDER SUBMISSION 312 , 313 , 314 , ) 315 , 300 , ; 316 , 317 , 318 , 319 , 320 , 302 , 303 , 304 , 305 , 321 , 306 , 307 , 308 , 309 . Order will issue. Court and counsel discuss status of case, trial issues, and trial readiness. Court recommends counsel jointly prepare specific charts to facilitate jury trial. Parties shall submit pretrial documents, as required by the Court, not later than 7/12/04; copies shall be hand-delivered to Chambers. Court sets a Status Conference for 7/15/2004 09:30 AM before Honorable Wm. Matthew Byrne. Trial date shall be determined at a later date. Court Reporter: Freda Mendelsohn. (rl, ) |
Filing 379 REPLY brief to OTION IN LIMINE to Exclude designation of plaintiff and counter-defendant as torando air management 313 filed by defendants/counter claimants and third party plaintiffs Sei Kim. (yc, ) |
Filing 378 REPLY brief to MOTION IN LIMINE to Exclude testimony of Gary L Frazier Ph. D, expert witness for plantiff and counter-defendant 321 filed by Defendants Sei Kim. (yc, ) |
Filing 372 REPLY to opposition to MOTION IN LIMINE to Exclude evidence of claimed equivalency or superiority of or testimonials regarding subsequently manufactured fuel saver devices (1 of 1) 315 filed by defendant and counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 377 REPLY in support of plaintiffs supplemental motion in limne (re court rulings) filed by plaintiff/counter defendant/third party defendant Cyclone USA Inc. (yc, ) |
Filing 376 REPLY in support of MOTION IN LIMINE #1 of 14 to Preclude re Standing for defendant's trademark cause of action 306 filed by plaintiff/counter defendant/third party defendant Cyclone USA Inc. (yc, ) |
Filing 375 WITHDRAWAL WITHOUT PREJUDICE MOTION IN LIMINE 12 of 14 for Evidence 303 filed by plaintiff/counter defendant/third party defendant Cyclone USA Inc. (yc, ) |
Filing 374 Notice of Withdrawal Motion 359 (5 of 14) filed by plaintiff/counter defendant/third party defendant Cyclone USA Inc. (yc, ) |
Filing 373 PROOF OF SERVICE filed by plaintiff/counter/defendant Cyclone USA Inc. re 361 Reply (Motion related), 362 Reply (Motion related), 363 Reply (Motion related), 364 Reply (Motion related), 365 Reply (Motion related), 366 Reply (Motion related), 367 Reply (Motion related), 368 Reply (Motion related), 369 Reply (Motion related), 370 Reply (Motion related), 371 Reply (Motion related), 372 Reply (Motion related), Reply (Motion related), was served on 6/22/04. (yc, ) |
Filing 371 REPLY in support of plaintiff's MOTION IN LIMINE 6 of 14 to Preclude 305 filed by plaintiff/counter defendant third party defendant Cyclone USA Inc. (yc, ) |
Filing 370 REPLY in support of MOTION IN LIMINE #8 of 14 for Evidence Re: Parol evidence concerning the LL & C/SEI Kim agreement 318 filed by plaintiff/counter defendant third party defendant Cyclone USA Inc. (yc, ) |
Filing 369 REPLY in support of plaintiff MOTION IN LIMINE 14 of 14 to Preclude 304 filed by plaintiff/counter defendant/third plarty defendant Cyclone USA Inc. (yc, ) |
Filing 368 REPLY in support of plaintiff MOTION IN LIMINE 11 of 14 to Bifurcate Liability and the punitive damage claim and exclude evidence of cyclone's finance of condition 302 filed by plaintiff/counter defendant third party Cyclone USA Inc. (yc, ) |
Filing 367 REPLY in support of plaintiff's MOTION IN LIMINE 13 of 14 to Exclude testimony of Dr. Barbara Luna 300 filed by plaintiff/counterdefendant/third party defendant Cyclone USA Inc. (yc, ) |
Filing 366 REPLY in support of plaintiffs MOTION IN LIMINE #9 of 14 to Preclude RE: Carb EOs 309 filed by plaintiff Cyclone USA Inc. (yc, ) |
Filing 365 REPLY in support of plaintiff's MOTION IN LIMINE #10 of 14 for Evidence Re; Tornado Devices 319 filed by plaintiff/counter defendant third party defendant Cyclone USA Inc. (yc, ) |
Filing 364 REPLY in support of plaintiff's MOTION IN LIMINE #7 of 14 for Evidence Re: Demonstrative evidence 320 filed by plaintiff/counter defendant/third party defendant Cyclone USA Inc. (yc, ) |
Filing 363 REPLY in support of plaintiff MOTION IN LIMINE #4 of 14 for Evidence Re: Peter Son 312 filed by plaintiff/counter defendant/third party defendant Cyclone USA Inc. (yc, ) |
Filing 362 REPLY in support of plaintiff MOTION IN LIMINE #2 of 14 to Preclude From calling Dr Luna 317 filed by plaintiff/counter defendant/third party defendant Cyclone USA Inc. (yc, ) |
Filing 361 REPLY in support of plaintiff MOTION IN LIMINE #3 of 14 to Preclude Re: Remedial measures 308 filed by plaintiff/counter defendant/third party defendant Cyclone USA Inc. (yc, ) |
Filing 360 MINUTES Telephone Conference Held before Wm Matthew Byrne, JR. Counsel will be scheduling depositions and preparing a joint summary of testimony in lieu of the deposition being read to the Jury. The joint proposed jury verdict form and jury instuctions are due 6/25/04. The joint exhibit list, revised witness list and stipulated facts are due 6/30/04. The motions in limine 313 , 315 , 316 , 300 , 317 , 318 , 319 , 320 , 321 , 302 , 303 , 304 , 305 , 306 , 325 , 267 , 307 , 308 , 309 , 311 , 312 are scheduled for hearing at 10AM, June 29/2004. The opposition were due June 7, 2004 and replies are due 6/14/04; except for Kim. A new jury trial date will be set at the hearing on 6/29/04. The court grants Cofbel's motion for summary judgment. No ruling is issued on attoney fees. The court will prepare the order/judgment. Motion set for hearing on 6/29/2004 at 10:00 AM. Court Reporter: Lynne Smith. (yc, ) |
Filing 359 OPPOSITION to MOTION IN LIMINE MIL # 5 of 14 to Preclude undeposed witnessed 325 filed by defendant/counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 358 PROPOSED VOIR DIRE QUESTIONS filed by defendant/counterclaimant LL&C Dealer Services LLC.. (yc, ) |
Filing 357 PROPOSED VOIR DIRE QUESTIONS filed by plaintiff, counter-defendant and third party defendant Cyclone USA Inc, Sei Kim.. (yc, ) |
Filing 356 SECOND AMENDED JOINT TRIAL WITNESS LIST filed by Defendant Sei Kim. (yc, ) |
Filing 355 NOTICE OF ERRATA filed by Defendant LL&C Dealer Services LLC. correcting MOTION IN LIMINE 13 of 14 to Exclude testimony of Dr. Barbara Luna 300 (yc, ) |
Filing 330 JOINT STATEMENT OF STIPULATED FACTS filed by plaintiff, counter-defendant and third party defendant (yc, ) |
Filing 327 STIPULATION AND ORDER by Judge Wm. Matthew Byrne :The parties have agreed and the court approves of the following the parties will use their best efforts to file the jury instruction special verdict form and joint trial exhibit list on june 10,2004.(yc, ) |
Filing 354 OPPOSITION to MOTION IN LIMINE #9 of 14 Re: Carb EOs 307 filed by defendant/counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 353 OPPOSITION to MOTION IN LIMINE #5 of 14 RE: undeposed witnesses 311 filed by defendant/counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 352 OPPOSITION to MOTION IN LIMINE 12 of 14 for Evidence 303 filed by defendant/counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 351 OPPOSITION to motion in limine re court rulings filed by Defendant LL&C Dealer Services LLC. (yc, ) |
Filing 350 OPPOSITION to MOTION IN LIMINE 13 of 14 to Exclude testimony of Dr. Barbara Luna 300 filed by Defendant/counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 349 JOINDER IN OPPOSITION TO MOTIONS IN LIMINE. (MIL 2 AND 10 OF 14) filed by defendant/counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 348 OPPOSITION to MOTION IN LIMINE 14 of 14 re settlement discussions 304 filed by defendant/counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 347 PROOF OF SERVICE filed by defendant/countercliamant LL&C Dealer Services LLC. re 344 Response in Opposition to Motion, 345 Response in Opposition to Motion, 346 Response in Opposition to Motion, 343 Response in Opposition to Motion, (yc, ) |
Filing 346 OPPOSITION to MOTION IN LIMINE #4 of 14 Re: Peter Son 312 filed by defendant/counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 345 OPPOSITION to MOTION IN LIMINE #7 of 14 Re: Demonstrative evidence 320 filed by defendant and counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 344 OPPOSITION to MOTION IN LIMINE 6 of 14 to Preclude 305 filed by defendant/counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 343 OPPOSITION to MOTION IN LIMINE #9 of 14 to Preclude RE: Carb EOs 309 filed by defendant/counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 342 OPPOSITION to MOTION IN LIMINE 11 of 14 to Bifurcate Liability and the punitive damage claim and exclude evidence of cyclone's finance of condition 302 filed by defendant/counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 341 OPPOSITION to MOTION IN LIMINE #8 of 14 for Evidence Re: Parol evidence concerning the LL & C/SEI Kim agreement 318 filed by defendant/counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 340 OPPOSITION to MOTION IN LIMINE #1 of 14 re Standing for defendant's trademark cause of action 306 filed by defendants,counterclaimants and third party plaintiffs Sei Kim. (yc, ) |
Filing 339 OPPOSITION to MOTION IN LIMINE #2 of 14 to Preclude From calling Dr Luna 317 filed by defendants/counter claimants, and third party plaintiffs Sei Kim. (yc, ) |
Filing 338 OPPOSITION to MOTION IN LIMINE #10 of 14 for Evidence Re; Tornado Devices 319 filed by defendants/counterclaimant and third party plaintiffs Sei Kim. (yc, ) |
Filing 337 OPPOSITION to MOTION IN LIMINE #1 of 14 re Standing for defendant's trademark cause of action 306 filed by defendant/counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 336 OPPOSITION to MOTION IN LIMINE 11 of 14 to Bifurcate Liability and the punitive damage claim and exclude evidence of cyclone's finance of condition 302 filed by defendants,counter claimants, and third party plaintiffs Sei Kim. (yc, ) |
Filing 335 OPPOSITION to MOTION IN LIMINE #3 of 14 to Preclude Re: Remedial measures 308 filed by defendant/counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 334 OPPOSITION to Cofbel's MOTION IN LIMINE to Bifurcate or severance of trial: memorandum of points and authorites; Declaration of Anthony N Luti in support 316 filed by plaintiff and defendant Jay Kim. (yc, ) |
Filing 333 RESPONSE to MOTIONS IN LIMINE filed by plaintiffs Cyclone USA Inc, Jay Kim. (yc, ) |
Filing 332 OPPOSITION to MOTION IN LIMINE to Exclude evidence of claimed equivalency or superiority of or testimonials regarding subsequently manufactured fuel saver devices (1 of 1) 315 filed by plaintiff Cyclone USA Inc, Jay Kim. (yc, ) |
Filing 331 OPPOSITION to Sei Kim's MOTION IN LIMINE to Exclude testimony of Gary L Frazier Ph. D, 321 filed by plaintiffs Cyclone USA Inc, Jay Kim. (yc, ) |
Filing 329 OPPOSITION to Sei Kim's motion in limine regarding plaintiff's trade name: supporting declaration of Jay Kim 305 filed by plaintiff counter-defendant and third party defendant Cyclone USA Inc, Jay Kim. (yc, ) |
Filing 328 OPPOSITION to MOTION IN LIMINE #7 of 14 for Evidence Re: Demonstrative evidence 320 filed by defendant Cofbel Corp. (yc, ) |
Filing 325 MOTION IN LIMINE MIL # 5 of 14 re: undeposed witnessed filed by plaintiff/counter defendant/third party defendant Cyclone USA Inc, Jay Kim.(yc, ) |
Filing 324 NOTICE of ruling filed by plaintiff/thrid party defendant Cyclone USA Inc. (yc, ) |
Filing 323 REQUEST FOR JUDICIAL voir dire question filed by defendant Cofbel Corp. (yc, ) |
Filing 322 MINUTES held before Judge Wm. Matthew Byrne : The court takes the defendant Cofbel's motion for summary judgment under advisement without oral argument. The hearing is off calendar. Court Reporter: Not Reported. (yc, ) |
Filing 326 MINUTES Telephone Conference held before Judge Wm. Matthew Byrne : Telephone Conference reset for 6/10/2004 01:30 PM. Court directs parties t submit an amended joint witness list by June 9,2004. Court Reporter: Not Present. (yc, ) |
Filing 310 SUPPLEMENTAL MOTION IN LIMINE (RE COURT RULINGS) re MOTION 309 filed by plaintiff Cyclone USA Inc, Jay Kim. (yc, ) |
Filing 309 MOTION IN LIMINE #9 of 14 RE: Carb EOs filed by plaintiff Cyclone USA Inc, Jay Kim.(yc, ) |
Filing 321 MOTION IN LIMINE to Exclude testimony of Gary L Frazier Ph. D, expert witness for plantiff and counter-defendant filed by plaintiffs Sei Kim.(yc, ) |
Filing 320 MOTION IN LIMINE #7 of 14 Re: Demonstrative evidence. filed by plaintiff/counter defendant/third party defendant Cyclone USA Inc, Jay Kim. Lodged proposed order.(yc, ) |
Filing 319 MOTION IN LIMINE #10 of 14 Re; Tornado Devices filed by Plaintiff/counter defendant/third party defendant Cyclone USA Inc, Jay Kim. Lodged proposed order.(yc, ) |
Filing 318 MOTION IN LIMINE #8 of 14 Re: Parol evidence concerning the LL & C/SEI Kim agreement filed by plaintiff/counter defendant/third party defendant Cyclone USA Inc, Jay Kim. Lodged proposed order.(yc, ) |
Filing 317 MOTION IN LIMINE #2 of 14 re precluding Sei Kim From calling Dr Luna. filed by plaintiff/counter defendant/third party defendant Cyclone USA Inc, Jay Kim. Lodged proposed order.(yc, ) |
Filing 316 MOTION IN LIMINE to Bifurcate or severance of trial: memorandum of points and authorites; Declaration of Anthony N Luti in support filed by defendant Cofbel Corp.(yc, ) |
Filing 315 MOTION IN LIMINE to Exclude evidence of claimed equivalency or superiority of or testimonials regarding subsequently manufactured fuel saver devices (1 of 1) filed by defendant/counterclaimant LL&C Dealer Services LLC.(yc, ) |
Filing 314 NOTICE OF MOTION AND MOTION IN LIMINE for an order to be entered before voir dire of the jury. filed by defendant Cofbel Corp.(yc, ) |
Filing 313 MOTION IN LIMINE to Exclude designation of plaintiff and counter-defendant as torando air management. filed by defendants/counter-claimants and third party plaintiffs Sei Kim, Korean Industrial Design Corporation.(yc, ) |
Filing 312 MOTION IN LIMINE #4 of 14 Re: Peter Son. filed by plaintiff/counter defendant/third party defendant Cyclone USA Inc, Jay Kim. Lodged proposed order.(yc, ) |
Filing 311 MOTION IN LIMINE #5 of 14 RE: undeposed witnesses. filed by Plaintiff/counter-defendant/third party defendant Cyclone USA Inc, Jay Kim. Lodged proposed order.(yc, ) |
Filing 308 MOTION IN LIMINE #3 of 14 Re: Remedial measures.iled by plaintiff/counter defendant/third party defendant Cyclone USA Inc, Jay Kim. Lodged proposed order.(yc, ) |
Filing 307 MOTION IN LIMINE #9 of 14 Re: Carb EOs filed by Plaintiff Cyclone USA Inc, Jay Kim. Lodged proposed order.(yc, ) |
Filing 306 MOTION IN LIMINE #1 of 14 re Standing for defendant's trademark cause of action.filed by plaintiff/counter defendant/third party defendant Cyclone USA Inc, Jay Kim. Lodged PROPOSED ORDER.(yc, ) |
Filing 305 MOTION IN LIMINE 6 of 14 re promise of ownership filed by plaintiff/counter defendant third party Cyclone USA Inc. Lodged proposed order.(yc, ) |
Filing 304 MOTION IN LIMINE 14 of 14 re settlement discussions filed by plaintiff/counter defendant/third party defendant Cyclone USA Inc. Lodged proposed order.(yc, ) |
Filing 303 MOTION IN LIMINE 12 of 14 re character Evidence filed by plaintiff/counter defendant/third party defendant Cyclone USA Inc. Lodged proposed order.(yc, ) |
Filing 302 MOTION IN LIMINE 11 of 14 to Bifurcate Liability and the punitive damage claim and exclude evidence of cyclone's finance of condition filed by plaintiff/counter defendant/third party defendant Cyclone USA Inc. Lodged proposed order.(yc, ) |
Filing 301 PROOF OF SERVICE filed by plaintiff/counter defendant/third party defendant Cyclone USA Inc. re 300 MOTION IN LIMINE 13 of 14 to Exclude testimony of Dr. Barbara Luna, was served on 5/24/04. (yc, ) |
Filing 300 MOTION IN LIMINE 13 of 14 to Exclude testimony of Dr. Barbara Luna filed by plaintiff/counter defendant/third party defendant Cyclone USA Inc.(yc, ) |
Filing 299 OBJECTIONS to R. Randon Largen's declaration in opposition to continunance of trial. filed by Plaintiff Cyclone USA Inc. (yc, ) |
Filing 294 MINUTES held before Judge Wm. Matthew Byrne : Defendant Cofbel's motion for 267 Summary Judgment is continued Motion set for hearing on 5/27/2004 at 03:00 PM A Telephonic hearing is now scheduled for the ex parte motion to continue the trial date for 5/26/04 at 12pm. Court Reporter: Not Present. (yc, ) |
Set/Reset Hearings: Telephone Conference set for 5/26/2004 12:00 PM before Honorable Wm. Matthew Byrne. (yc, ) |
Filing 298 DECLARATION of Randon Largent in support of statement opposing continuance of trial. filed by Defendant LL&C Dealer Services LLC. (yc, ) |
Filing 297 JOINDER filed by Plaintiff Cyclone USA Inc statement regarding continuance of trial 295 . (yc, ) |
Filing 293 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Wm. Matthew Byrne ORDERING Plaintiff Joint Statement regarding continuance of trial, Declaration of R Randon submitted by Plaintiff Cyclone USA Inc received on 5/19/04 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(rl, ) |
Filing 296 DECLARATION of R. Randon Largent in support of statement opposing continuance of trial. filed by Defendant LL&C Dealer Services LLC. (yc, ) |
Filing 295 JOINDER statement regarding continuance of trial filed by plaintiff/counterclaim/third party Cyclone USA inc. (yc, ) |
Filing 290 REPLY memorandum in support of its MOTION for Summary Judgment 267 ; Declaration of Anthony N. Luti in support. filed by defendant Cofbel Corp. (yc, ) |
Filing 289 NOTICE OF DISCREPANCY AND ORDER: by Judge Wm. Matthew Byrne, ORDERING Joint trial witness list submitted by Plaintiff Cyclone USA Inc received on 5/14/04 is not to be filed but instead rejected. Denial based on: Not signed by all parties.(yc, ) |
Filing 288 AMENDED DOCUMENT filed by Plaintiff Cyclone USA Inc, ThirdParty Defendant Jay Kim. joint trial Witness List 286 (yc, ) |
Filing 287 JOINT STATEMENT regarding patent claims filed by defendants, Counter Claimants and third Party Plaintiffs Sei Kim, sei Kim dba Korean Industrial Design (yc, ) |
Filing 286 JOINT TRIAL Witness List filed by defendant/counterclaimant LL&C Dealer Services LLC.. (yc, ) |
Filing 292 MINUTES OF In Chambers Conference held before Judge Wm. Matthew Byrne : The Court, on its own Motion, conducts a conference call in chambers and off the record. Court and counsel stipulate to continue Defendant Cofbel's Motion for Summary Judgment to 5/25/04 at 11:00am. Court instructs counsel to file a joint statement regarding continuing the trial date, due by 5/19/04 267 . Court Reporter: not present. (rl, ) |
Filing 291 MINUTES Telephone Conference held before Jude Wm. Matthew Byrne' : Motion set for hearing on 5/25/2004 at 11:00 AM before Honorable Wm. Matthew Byrne. Court Reporter: Not Present. (yc, ) |
Filing 285 PROOF OF SERVICE filed by plaintiff Cyclone USA Inc. re 267 oppostion for MOTION for Summary Judgment, was served on 5/4/04. (yc, ) |
Filing 284 DECLARATION of Jay Kim in opposition MOTION for Summary Judgment 267 filed by plaintiff Cyclone USA Inc. (yc, ) |
Filing 283 DECLARATION of Brian Sutherland in opposition to MOTION for Summary Judgment 267 filed by plaintiff Cyclone USA Inc. (yc, ) |
Filing 282 DECLARATION of Darrin Tamura in opposition to MOTION for Summary Judgment 267 filed by plaintiff Cyclone USA Inc. (yc, ) |
Filing 281 DECLARATION of Darin R Dominguez in opposiiton to MOTION for Summary Judgment 267 filed by plaintiff Cyclone USA Inc. (yc, ) |
Filing 280 MEMORANDUM in opposition to MOTION for Summary Judgment 267 filed by plainitff Cyclone USA Inc. (yc, ) |
Filing 279 STATEMENT of genuine issues in opposition to MOTION for Summary Judgment 267 filed by plaintiff Cyclone USA Inc. (yc, ) |
Filing 278 STIPULATION AND ORDER by Judge Wm. Matthew Byrne :The submittal date of the joint jury instructions exhibit List, Witness List and Special Verdict Form will be continued to 5/10/04 and the Telephone Conference with the court will be 5/12/2004 12:00 AM before Honorable Wm. Matthew Byrne.(yc, ) |
Filing 275 NOTICE OF CLERICAL ERROR and Correction of Scanned Document. Due to clerical error Order on Motion for Preliminary Injunction #269 has been corrected for the following reason: This document was designated the wrong document number. The document number for this Order is now designated as number 269, instead of 270. (yl, ) |
Filing 276 ANSWER to Third Amended Complaint 181 filed by defendant Cofbel Corp.(yc, ) |
Filing 277 ANSWER to First Amended Third-Party Complaint 181 filed by Third-Party Defendant Jay Kim.(yc, ) |
Filing 272 STIPULATION AND ORDER by Judge Wm. Matthew Byrne : #271 In light of this request the parties further request tht the telephonic conference with the court set for 4/28/2004 at noon be continued by the same one-week period to 5/5/2004. Telephone Conference set for 5/5/2004 12:00 PM before Honorable Wm. Matthew Byrne.(yc, ) |
Filing 274 JOINT Witness List, STATEMNAT REGARDING TRIAL AND SCHEDULE OF DEPOSITIONS filed by defendant LL&C Dealer Services LLC.. (yc, ) |
Filing 273 NOTICE of Settlement filed by defendant Upturn Inc.Settlement papers due by 4/23/2004. (yc, ) |
Filing 271 MINUTES OF In Chambers Conference held before Judge Wm. Matthew Byrne : Telephone Conference set for 4/28/2004 12:00 PM before Honorable Wm. Matthew Byrne. Court Reporter: Not Present. (yc, ) |
Filing 270 ORDER by Judge Wm. Matthew Byrne : Jay Kim's motion to dismiss Sei Kim's first amended complaint is DENIED. Sei Kim's and Cyclone's motions for partial summary judgment on teh sissue of false marking and unfair competition are DENIED. The Court reserves ruling on thh scope of the 412 patent pending paries submission of a joint statement. Cyclone's motion for partial summary judgment on LLC&C's sale of Chinese products and LL&C's use of the TornadoII photographs is GRANTED; Cyclone's motion for partial summary judgment on all other grounds is DENIED. Cyclone's motion for preliminary injunction is GRANTED IN PART as set forth in the order attached hereto. IT IS SO ORDERED.denying 170 Motion for Partial Summary Judgment (yl, ) |
Filing 269 ORDER by Judge Wm. Matthew Byrne : granting in part Cyclone's 170 Motion for Preliminary Injunction as follows: Upon issuance of this Order, LL&C and officers, agents, employees, representatives, and all persons acting in concert or participating with it, are enjoined and restrained from engaging in, committing, or performing, directly or indirectly, by any means whatsoever, the following acts: 1. Attributing to Sei Kim's Korean fuel saver device any test results, or reference to test results, from any fuel saver product other than San Kim's Korean made fuel saver device. Displaying any informercial, website, video, or any other marketing or promotional materials of any kind that includes any depiction of, or reference to, Cyclone's founder Jay Kim, including interviews of Jay Kim or his signature. (See Order for further details) (yl, ) |
Filing 268 DECLARATION of Anthony N Luti in support of re MOTION for Summary Judgment 267 filed by defendant Cofbel Corp. (yc, ) |
Filing 267 NOTICE OF MOTION AND MOTION for Summary Judgment on plaintiff third, seventeenth, eighteenth and nineteenth claims. filed by defendant Cofbel Corp. Motion set for hearing on 5/17/2004 at 10:00 AM in Courtroom 9 before Honorable Wm. Matthew Byrne. Lodged PROPOSED ORDER AND STATEMENT OF UNCONTROVERTED FACTS. (yc, ) |
Filing 265 SCHEDULING ORDER filed by PLAINTIFF Cyclone USA Inc. (yc, ) |
Filing 264 MINUTES held before Judge Wm. Matthew Byrne : The court denies motion to dismiss 234 claims two through five of the amended third party complaint Denies motion for Partial Summary Judgment 229 . The court will issue an order on motion by plaintiff Cyclone USA for partial summary judgment, and for preliminary injunction. 170 . The court set the settlement cutoff as of this date. The parties will met and confer on 4/2/04 to discuss if claims can be withdrawn and to discuss witnesses. The court orders the parties to file a neutral joint statement on stipulated facts is due May 10,2004. A joint statement regarding Markman issues is due 4/14/04. Court Reporter: Margaret Babykin. (yc, ) |
Filing 263 Witness List filed by defendant and counterclaimant LL&C Dealer Services LLC.. (yc, ) |
Filing 266 Sur-REPLY memorandum in support of MOTION for Partial Summary Judgment 229 filed by Defendant, counterclaimants and third party plaintiffs Sei Kim. (yc, ) |
Filing 262 REPLY in support of Cyclones cross Motion for Partial Summary Judgment 170 filed by Plaintiff Cyclone USA Inc. (yc, ) |
Filing 260 OBJECTION to the declaration of Harris F Brotman filed with Sei Kim reply in support of motion for Partial Summary Judgment 229 filed by Plaintiff Cyclone USA Inc. (yc, ) |
Filing 261 NOTICE OF RECENTLY OBTAINED DECLARATION IN OPPOSITION TO MOTION for Partial Summary Judgment 229 and in support of Cyclone's cross motion for summary judgment. filed by Plaintiff Cyclone USA Inc. (yc, ) |
Filing 257 Substitution of Attorney filed. Substituting attorney Mark A Schadrack for Cyclone USA Inc in place and stead of attorney Mark H Tidman; Darin R Dominguez and Michael A Grow by Judge Wm. Matthew Byrne. (yc, ) |
Filing 256 PROOF OF SERVICE filed by Plaintiff Cyclone USA Inc. re #255 Substitution of Attorney (Form G-1), was served on 3/5/2004. (yc, ) |
Filing 255 Substitution of Attorney filed. Substituting attorney Mark A Schadrack for Jay Kim in place and stead of attorney Charles M Marmelstein; Mark H Tidman; Darin R Dominguez and Michael A Grow by Judge Wm. Matthew Byrne. (yc, ) |
Filing 254 PROOF OF SERVICE filed by plaintiff Cyclone USA Inc. regarding substitutin of attorney was served on 3/4/04. (yc, ) |
Filing 259 MINUTES held before Judge Wm. Matthew Byrne : Counsel present, hearing held. Court and counsel discuss the status of the case and stipulate to the following: Discovery to be completed by 3/12/2004. Status Conference set for 3/30/2004 09:30 AM before Honorable Wm. Matthew Byrne. Counsel to file statement regarding any outstanding discovery disputes by 3/15/04. Counsel are further to file a schedule of depositions, joint statement regarding the jury trial (12 day estimate) and a joint witness list by: 3/24/04. Three Motions are placed on calendar: Jay Kim's Motion to Dismiss (234); Sei Kim's Motion for Partial Summary Judgment (229) and Cyclone's Motion for Partial Summary Judgment (170) all to be heard on 3/30/04 at 9:30am. Counsel are further instructed to file a joint set of jury instructions, joint verdict form and joint statement regarding the status of the case by 5/14/04; Court Reporter: Walter Ledge. (rl, ) |
Set/Reset Deadlines as to 229 MOTION for Partial Summary Judgment, 170 Motion for Partial Summary JudgmentMotion for Preliminary Injunction. Motion set for hearing on 3/30/2004 at 09:30 AM before Honorable Wm. Matthew Byrne. Pursuant to minute order filed 3/4/04 (rl, ) |
Set/Reset Deadlines as to 234 MOTION to Dismiss claims two through five of the amended third party complaint. Motion set for hearing on 3/30/2004 at 09:30 AM before Honorable Wm. Matthew Byrne. (rl, ) |
Filing 258 MINUTES OF Telephone Conference held before Judge Wm. Matthew Byrne : Status Conference set for 3/4/2004 11:00 AM. Court Reporter: Not Present. (yc, ) |
Filing 253 Association of Attorneys associating attorney John Paul Cogger on behalf of Defendant LL&C Dealer Services LLC. Filed by Defendant LL and C Dealer Services, LLC (rl, ) |
Filing 252 MINUTES OF Telephone Conference held by Judge Wm. Matthew Byrne; A Further call: 3/2/2004 10:00 AM; All motions are taken off the 3/2/2004 calendar 234 , 244 . Court Reporter: Not Present. (yc, ) |
Filing 251 REPLY memorandum in support of MOTION for Partial Summary Judgment 229 filed by Defendants, counterclaimsnt and third-party plaintiffs Sei Kim and Sei Kim. (yc, ) |
Filing 250 DECLARATION of Harris F Brotman in support of MOTION for Partial Summary Judgment 229 filed by Defendants, counter claimants and third party plaintiffs Jay Kim. (yc, ) |
Filing 248 DECLARATION of Joe Jacques regarding filing of defendant counter-claimant and third party plaintiff Notice of errata 229 filed by Defendants, counter claimants and third party plaintiffs Sei Kim, and Sei Kim. (yc, ) Modified on 2/24/2004 (yc, ). |
Filing 246 NOTICE OF ERRATA in connectin with motion for partial summary judgment.filed by defendants, Counter Claimant and ThirdParty Plaintiff Sei Kim and Sei Kim dba Korean Industrial Design 229 (yc, ) |
Filing 247 OPPOSITION to MOTION to Strike 244 filed by Defendants, Counter-Clamants, and third party plaintiffs Sei kim and Sei Kim Sei Kim. (yc, ) |
Filing 242 SECOND SUPPLEMENT declaration of R. Randon Largen in opposition to plaintiff's motion for partial summary judgment #233 , filed by Defendant LL&C Dealer Services LLC. (yc, ) |
Filing 249 MINUTES Conference call held before Judge Wm. Matthew Byrne : Court and counsel discuss the status of the case and schedule a further conference call for Wednesday 2/25/04 at 12:00 Noon. Counsel advise that they will stipulated to continue the 2/17/2004 motion hearing to 3/2/04 at 10:00AM. Court orders all pending motions continued to 3/2/04 at 10AM. 234 , 244 ,together with motion for partial summary judgment and injuction not yet calendared.Court Reporter: Not Present. (yc, ) |
Motion set for hearing on 3/2/2004 at 10:00 AM before Honorable Wm. Matthew Byrne. Telephone Conference set for 2/25/2004 12:00 PM before Honorable Wm. Matthew Byrne. (see entry on number 249) (yc, ) |
234 MOTION to Dismiss claims two through five of the amended third party complaint, 244 MOTION to Strike. Motion set for hearing on 3/2/2004 at 10:00 AM before Honorable Wm. Matthew Byrne. ( see document number 249) (yc, ) |
Filing 243 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Wm. Matthew Byrne ORDERING Motion to strike, memorandum, proposed order submitted by Plaintiff Cyclone USA Inc received on 2/3/04 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(yc, ) |
Filing 241 ORDER by Judge Wm. Matthew Byrne,The court grant this Application to file confidential portions of offical transcript of deposition of Richard Randon Largent under Seal 214 (yc, ) |
Filing 234 NOTICE OF MOTION AND MOTION to Dismiss claims two through five of the amended third party complaint filed by Third Party Defendant Jay Kim. Motion set for hearing on 3/1/2004 at 10:00 AM in Courtroom 9 before Honorable Wm. Matthew Byrne. (yc, ) |
Filing 245 MEMORANDUM of points and authorities in Support of MOTION to Strike 244 filed by Plaintiff Cyclone USA Inc. (yc, ) |
Filing 244 NOTICE OF MOTION AND MOTION to Strike filed by Plaintiff Cyclone USA Inc. Motion set for hearing on 2/17/2004 at 10:00 AM in Courtroom 9 before Honorable Wm. Matthew Byrne. (yc, ) |
Filing 239 OPPOSITION TO SEI KIM'S motion for partial summary judgment #233 and Notice of cyclone's cross-motion and cross-motion for partial summary judgment. filed by Plaintiff Cyclone USA Inc. (yc, ) Modified on 2/13/2004 (yc, ).LODGED PROPOSED ORDER |
Filing 238 RESPONSE to Sei Kim's separate statement of undisputed material facts in support of Cyclone's opposition and cross-motion to Sei Kim's motion for partial summary judgment #233 filed by Plaintiff and counterdefendant Cyclone USA Inc (yc, ) |
Filing 237 DECLARATION of Sean Flynn in support of opposition to Sei Kim's motion for partial summary judgment #233 filed by Plaintiff Cyclone USA Inc. (yc, ) |
Filing 236 DECLARATION of Submission of non-Confidential portion of offical transcript of deposition of Richard Randon Largent in support motion for partial summary judgment #233 filed by Plaintiff Cyclone USA Inc. (yc, ) |
Filing 235 OBJECTIONS and reply to supplemental opposition to LL&C Dealer service to Cycone's motion for partial summary judgment #233 filed by Plaintiff Cyclone USA Inc. (yc, ) |
Filing 233 MINUTES: Telephone Conference held before Judge Wm. Matthew Byrne : Motion set for hearing on 2/17/2004 at 11:00 PM Further Telephone Conference set for 2/11/2004 12:00 PM; Court Reporter: Not Present. (yc, ) |
Filing 232 DECLARATION of Frederic G. Ludwig in support of re MOTION for Partial Summary Judgment 229 filed by defendants,counter-claimints and third party plaintiffs Sei Kim. (yc, ) |
Filing 231 MEMORANDUM of points and authorities in Support of MOTION for Partial Summary Judgment 229 filed by defendants,counter-claimants,and third party plaintiffs Sei Kim. (yc, ) |
Filing 230 STATEMENT of undisputed material facts in support of re MOTION for Partial Summary Judgment 229 filed by defendants,counter-claimants,and third party plaintiffs Sei Kim and Sei Kim dba Korean Industrial Design. (yc, ) |
Filing 229 NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by defendants/counter-claimants and third Party plaintiffs Sei Kim,and Sei Kim dba Korean Industrial Design, erroneously sued as Korean Industrial Motion set for hearing on 2/2/2004 at 10:00 AM before Honorable Wm. Matthew Byrne. (yc, ) |
Filing 228 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Wm. Matthew Byrne ORDERING Notice of motion, statement, memorandum, declaration submitted by defendants/Counter Claimant and third-Party plaintiffs Sei Kim and Sei Kim dba Korean Industrial Design, erroneously sued as Korean Industrial received on 12/31/03 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(yc, ) |
Filing 227 SUPPLEMENTAL OPPOSITION to Motion for Partial Summary Judgment; Declarations of R. Randon Largent, Robert Chaldekas, David W. Burhenn and Drew Arnett in support 170 filed by defendant /counterclaimant LL&C Dealer Services LLC. (yc, ) |
Filing 226 Supplement to rply by plaintiff Cyclone USA Inc of opposition to Cyclone's motion for partial summary judgment [170-1], motion for preliminary injunction [170-2] (yc) |
Filing 225 MINUTES (IN CHAMBERS) Tentative Final Pretrial Conference set for 10:00 3/15/04 or 3/22/04 10:00; Further conference call set on 12:00 1/21/04; trial set on 9:00 3/30/04 . Court directs counsel to prepare a joint set of special jury instructions and an agreed upon verdict form. by Judge Wm. M. Byrne CR: not present (rl) |
Filing 224 MINUTES: ; telephone conference continued on 11:00 12/9/03 by Judge Wm. M. Byrne CR: Not Present (yc) |
Filing 223 MEMORANDUM OF POINTS AND Authorities by third-party plaintiff Sei Kim, defendant Sei Kim - to motion to dismiss claims two throught five of the amended third party complaint [210-1] (yl) |
Filing 222 MINUTES (IN CHAMBERS) telephone conference set on 12:00 12/2/03 . As the Court will initiate the conference call, please notify the Court Clerk at (213)894-3537 should you not be available at the telephone number listed or if someone else from your office is handling this matter by Judge Wm. M. Byrne CR: not present (rl) |
Filing 220 MINUTES (IN CHAMBERS): In chambers and off the record, the Conference Call is held. Court and counsel discuss status of the case and vacate the Pretrial Conference and Trial dates of 11/12 and 11/18 and vacate all other dates pending settlement negotiations. Court schedules a further conference call for 11:00 11/18/03 by Judge Wm. M. Byrne (see document for further details) CR: not present (yl) |
Filing 221 MINUTES (IN CHAMBERS): CONFERENCE CALL. In chambers and off the record, the conference call is held Court and counsel discuss the status of the case a schedule a further conference call for 11/6/03 at 11:00 am. Counsel orally stipulate to take off calendar Plaintiff's motion for partial summary judgment and Preliminary injunction and Defendant Kim's Motion to Dismiss Claims two through five of the Amended Thrid Party Complaint, originally scheduled for 11/3/03 by Judge Wm. M. Byrne CR: not present (yl) |
Filing 216 ORDER by Judge Wm. M. Byrne granting application to file under seal submission of portion of official transcript of deposition of Richard Randon Largent [214-1] (yc) |
Filing 219 AMENDED MINUTES: ; telephone conference set on Thursday 11:00 10/30/03 by Judge Wm. M. Byrne CR: Not Present (yc) |
Filing 218 MINUTES: ; telephone conference reset on 11:00 10/30/03 by Judge Wm. M. Byrne CR: Not Present (yc) |
Filing 213 MINUTES: ; conference call set on 11:00 10/30/03 by Judge Wm. M. Byrne CR: Not Present (yc) |
Filing 209 OBJECTION by defendant and counter-claimant LL&C Dealer Services to plaintiff's declarations and exhibits attached to Plaintiff's Memomrandum in support of motion for summary judgment [170-1], motion for preliminary [170-2] (yl) |
Filing 205 OBJECTIONS by defendant LL&C Dealer Services, counter-claimant LL&C Dealer Services to Declaration to Darrin Tamura attached to Plaintiff's Memorandum in Support of motion for partial summary judgment [170-1], motion for preliminary [170-2] (yl) |
Filing 217 MINUTES: ; telephone conference held Parties agree to push pending motion back one week and follow up with the court on ;Monday October 27,2003 at 9:30 am with a conference call by Judge Wm. M. Byrne CR: Not Present (yc) |
Filing 214 APPLICATION filed by plaintiff Cyclone USA Inc to file under seal submission of portion of official transcript of deposition of Richard Randon Largent (yc) |
Filing 212 NOTICE OF DISCREPANCY AND ORDER by Judge Wm. M. Byrne ordering Motion to dism. submitted received on 10/10/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (yc) |
Filing 203 MINUTES (IN CHAMBERS) The Court, on its own Motion, has continued hearing on motion for partial summary judgment [170-1] and motion for preliminary injunction [170-2] to 10:00 10/27/03 by Judge Wm. M. Byrne CR: not present (rl) |
Filing 202 NOTICE OF INTERESTED PARTIES filed by third-party defendant Jay Kim (yc) |
Filing 211 MEMORANDUM by third-party defendant Jay Kim points and authorities in support of motion to dismiss claims two throught five of the amended third party complaint [210-1] (yc) |
Filing 210 MOTION by third-party defendant Jay Kim to dismiss claims two throught five of the amended third party complaint ; motion hearing set for 10:00 11/3/03 (yc) |
Filing 208 MINUTES (IN CHAMBERS): In chambers and off the record, the settlement conference is held Court and counsel discuss status of the case. The court gives parties additional time to work out further settlement details and directs parties to contact the court on 10/15/03, to advise the court of the settlement status by Judge Wm. M. Byrne CR: Not present (yl) |
Filing 201 REPLY by plaintiff Cyclone USA Inc opposition to motion for partial summary judgment [170-1], motion for preliminary injunction [170-2] (yc) |
Filing 200 DECLARATION of Arnold E Sklar by plaintiff Cyclone USA Inc in support of reply to LL&C's opposition of motion for partial summary judgment [170-1], motion for preliminary injunction [170-2] (yc) |
Filing 199 Supplemental declaration of Darrin Tamura by plaintiff Cyclone USA Inc in support of plaintiffs motion for partial summary judgment [170-1], motion for preliminary injunction [170-2] (yc) |
Filing 206 MINUTES: IN CHAMBERS In chambers and off the record, the Settlement Conference is held. Court and counsel discuss status of the case. The Court sets a further settlement conference for 10/10/03 at 9:30 am by Judge Wm. M. Byrne CR: Not present (yl) |
Filing 207 MINUTES (IN CHAMBERS): In chambers and off the record, the Settlement Conference is held. Court and counsel discuss status of the case. The Court sets a further settlement conference for 10/9/03 at 9:30 am by Judge Wm. M. Byrne CR: not present (yl) |
Filing 198 STIPULATION and ORDER by Judge Wm. M. Byrne extending time to answer third-party complaint [73-1] to 10/10/03 as to third-party defendant Jay Kim (yc) |
Filing 204 MINUTES: In chambers and off the record the settlement conference is held. Court and counsel discoss status of the case and contunie this matter to9:30 10/8/03 ; in court hearing held by Judge Wm. M. Byrne CR: not present (yl) |
Filing 196 ORDER by Judge Wm. M. Byrne Defendant's motion to dism counts 1,2,4,5,6,7,8,9,12,13,20 and 21, is granted with leave to amend. Defendant's motion to dism counts 3,17,18,and 19 is denied [124-1] (yc) Modified on 10/07/2003 |
Filing 195 DECLARATION of Randon Largent, David W. Burhenn and Howard Gest by defendant LL&C Dealer Services in opposition to motion for partial summary judgment [170-1], [170-2] (yc) |
Filing 194 DECLARATION of Robert Chaldekas in opposition to e motion for partial summary judgment [170-1], [170-2] (yc) |
Filing 193 OPPOSITION by defendant LL&C Dealer Services to motion for partial summary judgment [170-1], motion for preliminary injunction [170-2] (yc) |
Filing 192 DECLARATION of Sei Young Kim by defendant Sei Kim -in opposition to plaintiff's motion for partial summary judgment [170-1], [170-2] (yc) |
Filing 191 Statement of genuine issues by defendant LL&C Dealer Services in opposition to motion for partial summary judgment [170-1], motion for preliminary injunction [170-2] (yc) |
Filing 190 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 07/23/03 (Re: [141-1]), CR: Leonore A. LeBlanc. (wdc) |
TRANSCRIPT filed for proceedings held on 07/23/03. (wdc) |
Filing 187 DECLARATION of Timothy L Skelton by plaintiff Cyclone USA Inc regarding Cyclone's efforts to comply with preliminary injunction [170-2] (yc) |
Filing 188 Objection to supplement by plaintiff Cyclone USA Inc declaraton of Darin R Dominguez in opposition to defendant Cofbel Corporations motion to dismiss plaintiffs 3rd amended complaint [124-1] and reqest to strike. (yc) |
Filing 186 PROOF OF SERVICE by plaintiff Cyclone USA Inc on 9/23/03 of Supplemental Declaration of Darin R Dominguez in Opposition to Cofbel's Motion to Dismiss the Third Amended Complaint (yl) |
Filing 185 SUPPLEMENTAL DECLARATION OF Darin R Dominquez by plaintiff Cyclone USA Inc in opposition to motion to dismiss plaintiffs 3rd amended complaint [124-1] (yl) |
Filing 184 STIPULATION and ORDER by Judge Wm. M. Byrne continuing hearing on motion for partial summary judgment [170-1] 10:00 10/20/03, continuing hearing on motion for preliminary injunction [170-2] 10:00 10/20/03 (yl) |
Filing 189 MINUTES: taking motion to dismiss plaintiffs 3rd amended complaint [124-1] off calendar and instructs counsel to contact the court by 9/24/03 as to the status of settlement. by Judge Wm. M. Byrne CR: Not Present (yc) |
Filing 182 APPLICATION filed by plaintiff Cyclone USA Inc to file under seal declaration of Michael A Grow in support of motion for partial summary judgment (yc) |
Filing 181 FIRST AMENDED THIRD-PARTY COMPLAINT [73-1] by third-party plaintiff Sei Kim against Jay Kim ; DEMAND FOR JURY TRIAL summons not issued (yc) |
Filing 180 ERRATA by plaintiff Cyclone USA Inc to certain documents in support of palintiff's motion for partial summary judgment [170-1], and preliminary injunction [170-2] (yc) |
Filing 179 MEMORANDUM by plaintiff Cyclone USA Inc in support of motion for partial summary judgment [170-1], of motion for preliminary injunction [170-2] (yc) |
Filing 178 Supplemental proofs by plaintiff Cyclone USA Inc of servie re plaintiff's motion for partial summary judgment [170-1], motion for preliminary injunction [170-2] (yc) |
Filing 177 DECLARATION of Jeff Brooks by plaintiff Cyclone USA Inc in support of motion for partial summary judgment [170-1], [170-2] (yc) |
Filing 176 DECLARATION of Donel R Olson by plaintiff Cyclone USA Inc in supprot of motion for partial summary judgment [170-1], [170-2] (yc) |
Filing 175 DECLARATION of Jay Kim by plaintiff Cyclone USA Inc re motion for partial summary judgment [170-1], [170-2] (yc) |
Filing 174 DECLARATION of Norm LaFave by plaintiff Cyclone USA Inc in support of motion for partial summary judgment [170-1], [170-2] (yc) |
Filing 173 DECLARATION by plaintiff Cyclone USA Inc re motion for partial summary judgment [170-1], [170-2] (yc) |
Filing 172 DECLARATION of Sam Memolo by plaintiff Cyclone USA Inc re motion for partial summary judgment [170-1], [170-2] (yc) |
Filing 171 DECLARATION of Dennis Johnson by plaintiff Cyclone USA Inc in support of motion for partial summary judgment [170-1], motion for preliminary injunction [170-2] (yc) |
Filing 170 NOTICE OF MOTION AND MOTION by plaintiff Cyclone USA Inc for partial summary judgment , and for preliminary injunction ; motion hearing set for 10:00 10/6/03 Lodged proposed order & Stmt of facts (yc) |
Filing 168 NOTIFICATION by Circuit Court of Appellate Docket Number appeal [141-1] 03-1559. (fvap) |
Filing 167 ORDER by Judge Wm. M. Byrne granting motion to dismiss defendant Sei Kim's claim two and claims three throught six with leave to amend [112-1] (yc) |
Filing 166 CONSENT JUDGMENT by Judge Wm. M. Byrne, Upturn is enjoined from using or assisting others in using the mark TORNADO or any other registered mark owned by Cyclone during the pendency of this proceeding and from objecting to use of said marks by Cyclone. The Claims alleged by Cyclone in this proceeding are otherwise dismissed with prejudice. This count retains jurisdiction of this matter for purposed of enforcing the settlement agreement between the parties. Each party will bear its own costs and attorney fees. (cc: all counsel" (yc) |
Filing 169 MINUTES: by Judge Wm Matthew Byrne JR. resetting hearing on motion to dismiss plaintiffs 3rd amended complaint [124-1] 10:00 9/15/03, that the motion to dismiss defendant Sei Kim's third party complaint for failure to state a claim [112-1] is under submission ;discovery set on 10/31/03 ; IN COURT HEARING RE: Possible Markman Hearing set on 10/7/03 ; Summary Judgment motions to be filed by 10/7/03; Opposition due 10/21/03; Replies due 10/28/03; If filed -summary judgment hearing 11/4/03 at 10am: Motions in limine to be filed by 11/5/03;Opposition due 11/11/01; Replies due 11/14/03; Hearing on motions in limine 11/17/03 at 1:30pm; Settlement cutoff 11/7/03; Joint set of special jury instructions, agreed upon verdict form , witness and exhibts list 11/10/03; Designatin of experts 11/14/03; trial set on 9:00 11/18/03(10 day est) ; Final Pretrial Conference set for 10:00 CR: Lenora LeBlanc (yc) |
Filing 165 ORDER by Judge Wm. M. Byrne the motion for continuance of trial is granted the trial in this matter shall commence on November 18,2003 at 9am. (yc) |
Filing 164 REPLY by defendant Cofbel Corp, memorandum in support of its motion to dismiss plaintiffs 3rd amended complaint [124-1] (yc) |
Filing 163 Objection plaintiff's by defendant Cofbel Corp, attached to plaintiff's memorandum in opposition to motion to dismiss plaintiffs 3rd amended complaint [124-1] (yc) |
Filing 162 JOINT STATEMENT regarding trial (yc) |
Filing 161 PROOF OF SERVICE by plaintiff Cyclone USA Inc on 8/29/03 of memorandum in opposition to motion to dism. (yc) |
Filing 160 MEMORANDUM by plaintiff Cyclone USA Inc in oppositon to motion to dismiss plaintiffs 3rd amended complaint [124-1] (yc) |
Filing 159 TRANSCRIPT DESIGNATION and ordering form for dates: 07/23/03, (Telephonically) Motion for Partial Summary Judgment and Preliminary Injunction, CR: Leni LeBlanc. (wdc) |
Appeal Fee Paid re [141-1] fee in amount of $ 105.00 (Receipt # 46868) (dlu) |
Filing 158 MINUTES: by Judge WM. Matthew Byrne JR; granting ex parte application to continue trial date [150-1] ; settlement conference 2:30 9/3/03 ; trial set on 9:00 11/18/03 continued hearing on motion to dismiss defendant Sei Kim's third party complaint for failure to state a claim [112-1] 2:30 9/3/03, s CR: Not Present (yc) |
Filing 155 ANSWER TO AMENDED COUNTERCLAIM [131-1] by counter-defendant Cyclone USA Inc (yc) |
Filing 153 OPPOSITION by defendant, counter-claimant, third-party plaintiff Sei Kim to ex parte application to continue trial date [150-1] (mch) |
Filing 152 STATEMENT IN OPPOSITION by defendant Cofbel Corp to ex parte application to continue trial date [150-1] (mch) |
Filing 151 OPPOSITION by defendant, counter-claimant LL&C Dealer Services to ex parte application to continue trial date [150-1] (mch) |
Filing 150 EX PARTE REQUEST filed by plaintiff Cyclone USA Inc to continue trial date (mch) |
Filing 156 NOTICE OF DISCREPANCY AND ORDER by Judge Wm. M. Byrne ordering Answer to third amended complaint submitted by plaintiff Cyclone USA Inc received on 8/18/03 is not to be fld but instead rejected; Denial based on: answer was filed 7/31/03 (rl) |
Filing 154 STIPULATION and ORDER by Judge Wm. M. Byrne That the motion by COFBEL to dismiss plaintiff third amended cmplaint is continued from 8/25/03 to 9/8/03 at 10am. (yc) |
Filing 157 MINUTES: Counsel present, hearin gheld. Oral argument heard, court denies Plaintiff's ex parte application for order to stay preliminary injunction [140-1]. Plaintiff's counsel makes an oral motion to continued the trial, court schedules a hearing on this motion for 8/21/03 at 1:30pm, with opposition due by 8/20/03. For parties Cyclone and Cofbel, court imposes a settlement cutoff date of 8/29/03. Counsel orally stipulate to continue IN COURT HEARING RE: Cofbel's Motion to dismiss set on 10:00 9/8/03 . Court further instructs counsel to work on a joint set of special jury instructions, an agreed upon verdict form, a witness and exhibit list by Judge Wm. M. Byrne CR: Freda Mendelsohn (rl) |
Filing 149 OBJECTIONS filed by defendant LL&C Dealer Services to declaration of Donel R Olson served August 15,2003, and request to strike. (yc) |
Filing 141 NOTICE OF APPEAL by plaintiff Cyclone USA Inc to Federal Circuit from Dist. Court order filed 8/11/03 [137-1], order filed 8/11/03 [136-1] (cc: Sean P. Flynn; Arent, Fox, Kintner, Plotkin & Kahn; Burhenn & Gest; Procopio, Cory, Hargreaves & Savitch; Anthony N. Luti; Larry D. Langley; Darin R. Dominquez; Ronald Jason Palmieri) Fee: Billed. (ghap) |
Filing 148 MINUTES: The Court, on its own Motion schedules a hearing on ex parte application for order to stay preliminary injunction [140-1] 11:15 8/18/03 by Judge Wm. M. Byrne CR: not present (rl) |
Filing 147 PROOF OF SERVICE by plaintiff on 8/14/03 of Stipulation to continue hearing on motion to dismiss plaintiff's third amended complaint (mg) |
Filing 146 DECLARATION of DONEL R. OLSON by plaintiff Cyclone USA Inc in opposition to defendant's ex parte application to stay preliminary injunction [140-1] (jp) |
Filing 145 OPPOSITION by defendant Sei Kim to Cyclone's ex parte application to stay preliminary injunction [140-1] (jp) |
Filing 142 REPLY MEMORANDUM IN SUPPORT by third-party defendant Jay Kim to response to motion to dismiss defendant Sei Kim's third party complaint for failure to state a claim [112-1] (ln) |
Filing 144 OPPOSITION by defendant, counter-claimant LL&C Dealer Services to ex parte application to stay preliminary injunction [140-1] (jp) |
Filing 143 OBJECTIONS filed by defendant, counter-claimant LL&C Dealer Services to declaration of Jay Kim dated 8/11/03 (jp) |
Filing 140 EX PARTE APPLICATION filed by plaintiff Cyclone USA Inc for order to stay preliminary injunction (bg) |
Filing 139 MINUTES CONFERENCE CALL: The Court on its own motion, continues the hearing on motion to dismiss defendant Sei Kim's third party complaint for failure to state a claim [112-1] and motion to dismiss plaintiffs amended complaint [124-1] to Monday, 10:00 8/25/03; opposition due friday August 15, 2003; Replies 12 noon Wednesday August 20, 2003 by Judge Wm. M. Byrne CR: Not Present (pj) |
Filing 137 ORDER by Judge Wm. M. Byrne granting in part motion for partial summary judgment on its foruth, serventh and fourteenth counterclaims [65-2] (yc) |
Filing 136 ORDER by Judge Wm. M. Byrne granting motion for partial summary judgment [65-1] and enjoinign Cyclone USA Inc. (see file) IT IS FURTHER ORDERED that Cyclone will file with the court and serve on LL&C within thirty days after the service of this injunction, a report in writing under oath setting forth in detail the manner and form in which Cyclone has complied with this unjuction. (yc) |
PLACED IN FILE - NOT USED re (proposed order granting partisl sumary judgment. (yc) |
Filing 135 WAIVER of jury trial by defendant LL&C Dealer Services (yc) |
Filing 138 MINUTES: ; telephone conference held The court instructs counsel to notify the court by 4pm 8/11/03 as to whether this case has settled by Judge Wm. M. Byrne CR: Not Present. (yc) |
Filing 133 STATEMENT re form of proposed injuncition [65-2]; LODGED PROPOSED ORDER BND. (yc) |
Filing 132 Statement of by plaintiff Cyclone USA Inc, re form of propsed preliminary injunction [65-2] (yc) |
Filing 131 AMENDED COUNTERCLAIM [72-2] by counter-claimants Sei Kim doing business as Korean Industrial; summons not issued (ln) |
Filing 130 NOTICE OF DISCREPANCY AND ORDER by Judge Wm. M. Byrne: ordering Defendant Counter-Claimant Third-Party Plaintiff Sei Kim Answer to Plaintiff Cyclone USA Inc's Third-Amended Complaint and Counterclaim submitted by defendant, counter-claimant, third-party plaintiff Sei Kim received on 07/31/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (ln) |
Filing 134 MINUTES (IN CHAMBERS) Court sets a further telephone conference on 11:00 8/4/03 by Judge Wm. M. Byrne CR: not present (rl) |
Filing 129 STIPULATION filed to extend time to answer third-party complaint [73-1] to 8/15/03 as to defendant Upturn Inc (yc) |
Filing 127 MEMORANDUM by defendants, counter-claimants, and third-party plaintiff Sei Kim, Jay Kim, Sei Kim -, Korean Industrial of points and authorities in opposition to third-party motion to dismiss defendant Sei Kim's third party complaint for failure to state a claim [112-1] (yc) |
Filing 128 MINUTES: ; telephone conference set on 10:15 7/29/03 by Judge Wm. M. Byrne CR: Not Present (yc) |
Filing 124 NOTICE OF MOTION AND MOTION by defendant Cofbel Corp to dismiss plaintiffs 3rd amended complaint ; Memorandum of Points and Authorities in support; Motion hearing set for 10:00 8/18/03 (mch) |
Filing 126 PROOF OF SERVICE by plaintiff Cyclone USA Inc on 7/21/03 of Surreply in opposition to partial summary judgment. (yc) |
Filing 125 Surreply in opposition to by plaintiff Cyclone USA Inc to motion for partial summary judgment [65-1], motion for preliminary injunction based thereon [65-2] (yc) |
Filing 123 PROOF OF SERVICE on 7/17/03 of amded notice of motion (yc) |
Filing 122 AMENDED NOTICE OF MOTION [112-1] to dism third party complaint for failure to state a clm. (yc) |
Filing 121 ANSWER filed by defendant LL&C Dealer Services to second amended complaint [118-1] (yc) |
Filing 120 ORDER by Judge Wm. M. Byrne associating Ropers, Majeski, Kohn & Bentley address is 515 South Flower Street, Suite 2100 Los Angeles California 90071 (213) 312-2000 as counsel of record for Cross-Defendant, Cyclone USA, Inc in the above-entitled matter (rl) |
Filing 115 PROOF OF SERVICE by plaintiff on 7/11/03 of Third party defendant Jay Kim's motion to dismiss defendant Sei Kim's third party complaint for failure to state a claim; third party defendant Jay Kim's memorandum in support of his motion to dismiss counts II through VI of the third party complaint of defendant Sei Kim (mg) |
Filing 114 PROOF OF SERVICE by plaintiff on 7/11/03 of Answer of third party defendant Jay Kim to third party complaint of defendant Sei Kim (mg) |
Filing 113 MEMORANDUM IN SUPPORT by third-party defendant Jay Kim of his motion to dismiss counts II through VI of defendant Sei Kim's third party complaint [112-1] (mg) |
Filing 112 MOTION by third-party defendant Jay Kim to dismiss defendant Sei Kim's third party complaint for failure to state a claim ; motion hearing set for 8/11/03 at 10:00 (mg) |
Filing 111 ANSWER filed by third-party defendant Jay Kim to third-party complaint of Sei Kim [73-1] (mg) |
Filing 110 NOTICE OF DISCREPANCY AND ORDER by Judge Wm. M. Byrne ordering Answer of third party defendant Jay Kim to third party complaint of defendant Sei Kim, two Proofs of service, Third party defendant Jay Kim's motion to dismiss defendant Sei Kim's third party complaint for failure to state a claim, Third party defendant Jay Kim's memorandum in support of his motion to dismiss counts II through VI of the Third Party Complaint of defendant Sei Kim received on 7/11/03 to be filed and processed; file date to be the date the document was stamped "received but not filed" with the Clerk ; LR 83-1.5, No certification of interested parties &/or no copies (mg) |
Filing 119 MINUTES (IN CHAMBERS) The Court, on its own Motion, conducts a conference call in chambers and off the record. Court and counsel discuss the status of the case and continue hearing on motion for partial summary judgment [65-1] to 10:00 7/23/03, and hearing on motion for preliminary injunction based thereon [65-2] to 10:00 7/23/03 by Judge M. Byrne CR: not present (rl) |
Filing 118 SECOND REVISED AMENDED COMPLAINT [6-1] by plaintiff Cyclone USA Inc terminating defendant Korean Industrial, defendant Sei Kim; adding Sei Kim, Upturn Inc. Summons not issued (mg) |
Filing 117 PROOF OF SERVICE by plaintiff Cyclone USA Inc on 7/8/03 of Revised Second Amended Complaint (mg) |
Filing 116 NOTICE OF DISCREPANCY AND ORDER by Judge Wm. M. Byrne ordering Third Amended Complaint received on 7/8/03 to be filed and processed; file date to be the date the document was stamped "received but not filed" with the Clerk . There is no order on file granting permission to file a third amended complaint (docketed as 2nd revised amended complaint) (mg) |
Filing 108 REPLY by defendant LL&C Dealer Services memorandum of points and authorities in support of motion for partial summary judgment [65-1], motion for preliminary injunction based thereon [65-2] (yc) |
Filing 107 Rebuttal declarations by defendant LL&C Dealer Services submitted in support of motion for partial summary judgment [65-1], motion for preliminary injunction based thereon [65-2] (yc) |
Filing 106 PROOF OF SERVICE executed upon third-party defendant Jay Kim ; Service by (statute not indicated) on 6/13/03 via by personally delivering the copies by serving sumons/third party/third-party complaint/etc etc to Jay Kim (yc) |
Filing 105 ATTORNEY SUBSTITUTION: terminating attorney Diep N Shoemaker for Cofbel Corp by defendant Cofbel Corp and substituting attorney Anthony Luti by Judge Wm. M. Byrne (yc) |
Filing 104 PROOF OF SERVICE on 7/3/03 of supplemental memorandum in opposition . (yc) |
Filing 103 DECLARATION of Stacy A Lyons in support of the supplemental memorandum in oppositon to partial summary judgment [65-1] (yc) |
Filing 102 Supplemental memorandum in opposition to motion for partial summary judgment [65-1] (yc) |
Filing 101 PROOF OF SERVICE on 7/3/03 of Stipulation for extensin of time to respond to defendants third party complaint. (yc) |
Filing 100 STIPULATION filed for extension of time to respond to third party complaint extended until July 11,2003 (yc) |
Filing 99 STIPULATION and ORDER by Judge Wm. M. Byrne re protective order (see doument) (yc) |
Filing 98 Motion to accept Late filing of opposition to motion for partial summary judgment [65-1], motion for preliminary injunction based thereon [65-2] (yc) |
Filing 97 PROOF OF SERVICE on 7/1/03 of motion to accept late filing (yc) |
Filing 96 MEMORANDUM in opposition of motion for partial summary judgment [65-1], thereon [65-2] (yc) |
Filing 95 Statement of genuine issues in opposition to motion for partial summary judgment [65-1], motion for preliminary injunction based thereon [65-2] (yc) |
Filing 94 DECLARATION of Jay Kim in support of opposition to motion for partial summary judgment [65-1] (yc) |
Filing 93 DECLARATION in support re motion for partial summary judgment [65-1], motion for preliminary injunction based thereon [65-2] (yc) |
Filing 92 PROOF OF SERVICE on 6/30/03 of memorandum in support of motion for partial summary judgment. (yc) |
Filing 91 PROOF OF SERVICE on 6/30/03 of stipulated protective order (yc) |
Filing 90 MINUTES: by Judge Wm M Byrne ; telephone conference held , The Jury trial is now scheduled to begin September 23,2003; the Pretrial conference is set for September 15,2003 and the last daty to waive a jury trial is August 4,2003. Furthermore a settlment cut off date may be imposed after the court hears LLC & C motion for July 14,2003 CR: NA (yc) |
Filing 88 MINUTES: by Judge Wm M Byrne Court confirms Pretrial Conference on September 15,2003 and trial on September 23,2003; last day to waive jury trial is August 4,2003. CR: Not Present (yc) |
Filing 89 MINUTES: ; telephone conference reset on 12:15 6/26/03 Pplaintiff adding defendnat Upture via filing a revised second amended complaint within 15 days by Judge Wm. M. Byrne CR: N/A (yc) |
Filing 109 MINUTES (IN CHAMBERS) The Court, on its own Motion, conducts a conference call in chambers and off the record. Court schedules Plaintiff's motion for leave to amend first amended complaint [59-1] still on 6/30/03, but now at 12:00 pm by Judge Wm. M. Byrne CR: not present (rl) |
Filing 86 STIPULATION and ORDER by Judge Wm. M. Byrne that the motion by LL&C Dealer Services LLC for partial summary judgment [65-1] and preliminary injunction based thereon [65-2] is CONTINUED to 7/14/03 @ 10:00 (jp) |
Filing 85 PROOF OF SERVICE on 6/16/03 of Answer of plaintiff counterclms (yc) |
Filing 84 PROOF OF SERVICE on 6/16/03 of reply memorandum lv to amd cmp (yc) |
Filing 83 PROOF OF SERVICE on 6/16/03 of Notice of errata re proposed 2nd A/C (yc) |
Filing 82 REPLY by plaintiff Cyclone USA Inc memorandum in support of motion for leave to amend first amended complaint [59-1] (yc) |
Filing 81 NOTICE OF ERRATA by plaintiff Cyclone USA Inc regarding plaintiff Cyclone USA INc proposed second amended complaint (yc) |
Filing 80 ANSWER TO COUNTERCLAIM [72-2] by counter-defendant Cyclone USA Inc (yc) |
Filing 79 PROOF OF SERVICE by plaintiff Cyclone USA Inc on 6/10/03 of Civil Minutes-General RE: Plaintiff's Notice of Motion for Leave to Amend First Amended Complaint (nhac) |
Filing 78 PROOF OF SERVICE by plaintiff Cyclone USA Inc on 6/5/03 of Plaintiff's Notice of Motion and Motion for Leave to Amend First Amended Complaint; proposed second amended complaint; Served on Upturn Inc. (nhac) |
Filing 77 PROOF OF SERVICE by plaintiff Cyclone USA Inc on 6/2/03 of Plaintiff's Notice of Motion for Leave to Amend First Amended Complaint; Memorandum in support; proposed second amended complaint; proof of service; Served on Athony J Dain, Esq. (nhac) |
Filing 76 OPPOSITION by defendants Sei Kim, Korean Industrial Design Corp to plaintiff's motion for leave to amend first amended complaint [59-1] (nhac) |
Filing 75 OPPOSITION by defendant LL&C Dealer Services to motion to amend first amended complaint [59-1] (nhac) |
Filing 73 THIRD-PARTY COMPLAINT filed by defendant Sei Kim, sometimes dba Korean Industrial Design Company esa Korean Industrial Design Corp; adding Jay Kim; Demand for Jury Trial (nhac) |
Filing 72 ANSWER to first amended complaint [6-1] and COUNTERCLAIM by Sei Kim dba Korean Industrial Design Company esa Korean Industrial Design Corp against plaintiff Cyclone USA Inc; Jury demand; (nhac) |
Filing 71 NOTICE OF DISCREPANCY AND ORDER by Judge Wm. M. Byrne ordering answer and counterclaim and third-party complaint submitted by defendant Sei Kim received on 6/6/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (nhac) |
SUMMONS issued on Sei Kim's third-party complaint. (nhac) |
Filing 87 MINUTES: by Judge Wm M Byrne Court and counsel discuss that status of the case at this time do not schedule any further dates CR: Not Present (yc) |
Filing 74 MINUTES: Court and counsel discuss that status of the case and schedule a further conference call for 1:30 6/5/03; the conference call is held . As the court will initiate the conference call, please notify the Court Clerk at (213)894-3537 should you not be available at the telephone number listed or if someone else from your office is handling this matter by Judge Wm. M. Byrne CR: not present (rl) |
Filing 70 MINUTES: by Judge Wm M. Byrne; advances hearing on motion for leave to amend first amended complaint [59-1] 10:00 6/23/03 CR: Not Present (yc) |
Filing 68 Amended (Corrected) proof of service by defendant LL&C Dealer Services regarding motion for partial summary judgment [65-1], motion for preliminary injunction based thereon [65-2], etc (yc) |
Filing 62 NOTICE OF DISCREPANCY AND ORDER by Judge Wm. M. Byrne ordering Proof of service submitted received on 5/30/03 is not to be fld but instead rejected; Denial based on: document were not resubmitted re another discrepancies (yc) |
Filing 61 PROOF OF SERVICE by plaintiff Cyclone USA Inc on 6/2/03 of ntc of motion, etc (yc) |
Filing 60 MEMORANDUM by plaintiff Cyclone USA Inc in support of motion for leave to amend first amended complaint [59-1] (yc) |
Filing 59 NOTICE OF MOTION AND MOTION by plaintiff Cyclone USA Inc for leave to amend first amended complaint ; motion hearing set for 10:00 6/30/03 Lodged proposed 2nd A/C (yc) Modified on 11/21/2003 |
Filing 67 DECLARATION of Peter Son by defendant LL&C Dealer Services in support of motion for partial summary judgment [65-1], motion for preliminary injunction based thereon [65-2] (yc) |
Filing 66 MEMORANDUM of points and authorities by defendant LL&C Dealer Services in support of motion for partial summary judgment [65-1], of motion for preliminary injunction based thereon [65-2] (yc) |
Filing 65 NOTICE OF MOTION AND MOTION by defendant LL&C Dealer Services for partial summary judgment , and for preliminary injunction based thereon ; motion hearing set for 10:00 6/23/03 (yc) |
Filing 64 NOTICE OF DISCREPANCY AND ORDER by Judge Wm. M. Byrne ordering Motion partial summary judmgne submitted received on 5/30/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (yc) |
Filing 63 NOTICE OF DISCREPANCY AND ORDER by Judge Wm. M. Byrne ordering ans/counterclm. submitted received on 5/27/03 is not to be fld but instead rejected; Denial based on: Blue backs are not stamped orig etc (yc) |
Filing 58 Certification and notice OF INTERESTED PARTIES filed by plaintiff sei kim. (yc) |
Filing 69 MINUTES: ; telephone conference set on 11:30 6/4/03 by Judge Wm. M. Byrne CR: Not Present (yc) |
Filing 57 ORDER by Judge Wm. M. Byrne denying motion for preliminary injunction [11-1] (yc) |
Filing 56 PROOF OF SERVICE by plaintiff Cyclone USA Inc on 5/16/03 of answer to counterclm. (yc) |
Filing 55 ANSWER TO COUNTERCLAIM [27-2] by counter-defendant Cyclone USA Inc dba Tornado Air Management. (yc) |
Filing 53 PROOF OF SERVICE on 5/14/03 of statemtn of uncontested relevant facts. (yc) |
Filing 52 STATEMENT of uncontested relevant facts (yc) |
Filing 51 STATEMENT regarding test results and endorsements by defendant LL&C Dealer Services (yc) |
Filing 50 Joint statement of (1) undisputed facts (2) issues of fact: (3)issues of law (4) anticipated motions and (5) anticipated depositions (yc) |
Filing 49 STIPULATION and ORDER by Judge Wm. M. Byrne extending time to answer to counterclaim [27-2] is extended until 5/16/03 as to counter-defendant Cyclone USA Inc (jp) |
Filing 54 PROOF OF SERVICE on 5/9/03 of stipulation for extension of time to respond to defendant's counterclms. (yc) |
Filing 48 MINUTES before Judge Wm. M. Byrne: Plaintiff's motion for preliminary injunction [11-1] is DENIES and will issue a more detailed order at a later date. Court schedules the following: Joint Statement due on 05/13/03; Conference call on 5/21/03 @ 12:00; Jury Waiver due on 08/04/03; Pretrial Conference set for 9/15/03 @ 10:00; Trial set for 9/23/03 @ 9:00. As the Court will initiate the conference call, please nofity the Court clerk should you not be available at the telephone number listed or if someone else from your office is handling this matter. CR: Gail Peeples (jp) |
Filing 47 DECLARATION of Michael Shaw by defendant Sei Kim in opposition to motion for preliminary injunction [11-1] (yc) |
Filing 46 EX PARTE APPLICATION filed by defendant Korean Industrial, defendant Sei Kim to file a sur-reply to plaintiff Cyclone USA Inc motion for preliminary injunction Lodged order (yc) |
Filing 45 Surrely in OPPOSITION by defendant LL&C Dealer Services to motion for preliminary injunction [11-1] (yc) |
Filing 44 Supplemental Declaration of Leon Kaplan in support of motion for preliminary injunction [11-1] (yc) |
Filing 43 Supplemental declaration of Larry Swienckin in support of motion for preliminary injunction [11-1] (yc) |
Filing 42 PROOF OF SERVICE on 4/24/03 of Exhbit BB to rebuttal, etc (yc) |
Filing 41 Exhibit BB to rebuttal declaration of Jay Kim in support of motion for preliminary injunction [11-1] (yc) |
Filing 40 PROOF OF SERVICE by plaintiff Cyclone USA Inc on 4/23/03 of reply brief re motion for preliminary injuction. (yc) |
Filing 39 REPLY by plaintiff Cyclone USA Inc brief in support of motion for preliminary injunction [11-1] (yc) |
Filing 38 DECLARATION of Martin Sicairos by plaintiff Cyclone USA Inc (yc) |
Filing 37 DECLARATION of Jeff Brooks by plaintiff Cyclone USA Inc in support of motion for preliminary injunction [11-1] (yc) |
Filing 36 DECLARATION of Larry Swiencki by plaintiff Cyclone USA Inc insupport of motion for preliminary injunction [11-1] (yc) |
Filing 35 DECLARATION of Joyce W. Kim by plaintiff Cyclone USA Inc in support of motion for preliminary injunction [11-1] (yc) |
Filing 34 Rebuttal DECLARATION of Jay Kim (yc) |
Filing 33 DECLARATION of Sam Mommolo in support of motion for preliminary injunction [11-1] (yc) |
Filing 32 DECLARATION of Joseph Lopez by plaintiff Cyclone USA Inc, reply to defendants opposition to preliminary injunction [11-1] (yc) |
Filing 31 NOTICE OF ERRATA by defendants Korean Industrial, Sei Kim opposition to plaintiff motion for preliminary injunction [11-1] (yc) |
Filing 30 OBJECTIONS filed by defendant LL&C Dealer Services to declartion of Jospeh Lopez and exhibits attached thereto. (yc) |
Filing 29 OPPOSITION by defendants Korean Industrial, Sei Kim to plaintiff Cyclone USA, Inc's motion for preliminary injunction [11-1] (rl) |
Filing 28 DECLARATION of defendant Sei Kim in support of opposition to plaintiff Cyclone USA, inc's Kim motion for preliminary injunction [11-1] (rl) |
Filing 26 OPPOSITION by defendant LL&C Dealer Services to motion for preliminary injunction [11-1] (yc) |
Filing 25 DECLARATIONS submitted filed by LL&C Dealer Services, in opposition to motion by defendant LL&C Dealer Services re motion for preliminary injunction (yc) |
Filing 27 ANSWER to first amended complaint [6-1] and COUNTERCLAIM by defendant LL&C Dealer Services against plaintiff Cyclone USA Inc; jury demand; summons not issued (yc) |
Filing 23 NOTICE OF INTERESTED PARTIES filed by defendant LL&C Dealer Services (yc) |
Filing 24 MINUTES: granting ex parte application to continue hearing on motins for preliminary injunction; [19-1], resetting hearing on motion for preliminary injunction [11-1] 1:30 4/29/03 by Judge Wm. M. Byrne CR: Not Present (yc) |
Filing 22 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant Cofbel Corp (yc) |
Filing 21 ANSWER filed by defendant Cofbel Corp to first amended complaint [6-1] (yc) |
Filing 20 OPPOSITION by plaintiff Cyclone USA Inc to ex parte application to continue hearing on motins for preliminary injunction; [19-1] (yc) |
Filing 19 EX PARTE APPLICATION filed by defendant LL&C Dealer Services to continue hearing on motins for preliminary injunction; memorandum of points and authorities in support thereof: Declarations of Howard Gest and David W Burhenn in support thereof. Lodged proposed order (yc) |
Filing 18 DECLARATION of Scott Welch by plaintiff Cyclone USA Inc re n support of motion for preliminary injunction [11-1] (yc) |
Filing 17 DECLARATION of Joseph Lopez by plaintiff Cyclone USA Inc re n support of motion for preliminary injunction [11-1] (yc) |
Filing 16 DECLARATION of Sabrina F Touch by plaintiff Cyclone USA Inc in support of motion for preliminary injunction [11-1] (yc) |
Filing 15 DECLARATION of Mark M Newman by plaintiff Cyclone USA Inc re motion for preliminary injunction [11-1] (yc) |
Filing 14 DECLARATION of Jay Kim by plaintiff Cyclone USA Inc re in support of motion for preliminary injunction [11-1] (yc) |
Filing 13 PROOF OF SERVICE by plaintiff Cyclone USA Inc on 3/31/03 of notice of motion for preliminary injunction, etc (yc) |
Filing 12 MEMORANDUM by plaintiff Cyclone USA Inc in support of motion for preliminary injunction [11-1] (yc) |
Filing 11 NOTICE OF MOTION AND MOTION by plaintiff Cyclone USA Inc for preliminary injunction ; motion hearing set for 10:00 4/21/03 (yc) |
Filing 10 STIPULATION filed to extend time to answer first amended complaint [6-1] to 4/7/03 as to defendant Cofbel Corp (yc) |
Filing 9 STIPULATION filed to extend time to answer first amended complaint [6-1] to 4/12/03 as to defendant LL&C Dealer Services (yc) |
Filing 8 PROOF OF SERVICE executed upon defendant Korean Industrial ; Service by both statutes are marked on 3/3/03 via by personal service, by delivering copies; by serving summons/first amended complaint to Cindy Andrade, person authorized to accept service. (yc) |
Filing 7 PROOF OF SERVICE executed upon defendant Cofbel Corp ; Service by Both statutes are marked on 3/4/03 via by personal service by delivering copies: by serving summons/first amended complain to Sylvia Banuelos, person authorized to accept service. (yc) |
Filing 6 FIRST AMENDED COMPLAINT [1-1] by plaintiff Cyclone USA Inc (yc) |
Filing 5 APPLICATION AND ORDER of Non-Resident Attorney Michael A Grow to Appear in a Specific Case filed for plaintiff Cyclone USA Inc by . Designating Darin R Dominguez as local counsel. Approved by Judge Wm. M. Byrne . (Fee pd) (yc) |
Filing 4 APPLICATION AND ORDER of Non-Resident Attorney Charles M Marmelstein to Appear in a Specific Case filed for plaintiff Cyclone USA Inc by, designating as local counsel Darin R Dominguez. Approved by Judge Wm. M. Byrne. (Fee pd) (rl) |
Filing 3 APPLICATION AND ORDER of Non-Resident Attorney Mark H Tidman to Appear in a Specific Case filed for plaintiff Cyclone USA Inc by Designating as local counsel Darin R Dominguez. Approved by Judge Wm. M. Byrne. (Fee pd) (rl) |
RESPONSE by Pro Hac Vice Attorney Mark H Tidman for plaintiff Cyclone USA Inc re pro hac vice application [3-1] ; PHV fee: pd (yc) |
RESPONSE by Pro Hac Vice Attorney Michael A Grow for plaintiff Cyclone USA Inc re pro hac vice application [5-1] ; PHV fee: pd (yc) |
RESPONSE by Pro Hac Vice Attorney Charles M Marmelstein for plaintiff Cyclone USA Inc re pro hac vice application [4-1] ; PHV fee: PD (yc) |
RESPONSE by Pro Hac Vice Attorney Mark H Tidman for plaintiff Cyclone USA Inc, Charles M Marmelstein for plaintiff Cyclone USA Inc, Michael A Grow for plaintiff Cyclone USA Inc re pro hac vice application [5-1], re pro hac vice application [4-1], re pro hac vice application [3-1]; PHV fee: PD (rl) |
SUMMONS issued (yc) |
NOTICE OF FILING FEE DUE On Pro Hac Vice Application mailed to attorney Mark H Tidman for plaintiff Cyclone USA Inc, Charles M Marmelstein for plaintiff Cyclone USA Inc, Michael A Grow for plaintiff Cyclone USA Inc (jag) |
REPORT ON THE FILING OF AN ACTION REGARDING trademark (cc: form mailed to Washington, D.C.)(Opening) (yc) |
Filing 2 CERTIFICATION & NOTICE OF INTERESTED PARTIES filed by plaintiff Cyclone USA Inc (jag) |
Filing 1 COMPLAINT filed Summons(es) not issd referred to Discovery Jeffrey W. Johnson (jag) |
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