Ameriquest Mortgage Company v. Amerifirst Home Improvement Finance Co
| Ameriquest Mortgage Company |
| Amerifirst Home Improvement Finance Co and Kenwood Associates Inc |
| 2:2006cv05616 |
| September 6, 2006 |
| US District Court for the Central District of California |
| Florence-Marie Cooper |
| Frederick F Mumm |
| Trademark |
| 15 U.S.C. § 1127 |
| Both |
Docket Report
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This docket was last retrieved on October 15, 2007. A more recent docket listing may be available from PACER.
| Document Text |
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| REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (cc: Patent and Trademark Office) (Closing) (mg) |
Filing 48
STIPULATION FOR DISMISSAL WITHOUT PREJUDICE PURSUANT TO FRCP 41(a)(1) AND ORDER: IT IS HEREBY STIPULATED by and between Plaintiff and Amerifirst Home Improvement, through their respective counsel or record, that the above-captioned action be and hereby is dismissed without prejudice, pursuant to pursuant to FRCP 41(a)(1). Each of said parties to bear its own costs and attorney's fees. This Stipulation may be executed in counterparts. IT IS SO ORDERED by Judge Florence-Marie Cooper. (Made JS-6. Case Terminated.) (jp)
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Filing 47
STIPULATION TO EXTEND DISCOVERY CUT OFF DATE FOR THIRTY DAYS SO THAT THE PARTIES CAN FINALIZE AND EXECUTE A NEGOTIATED SETTLEMENT AGREEMENT AND ORDER by Judge Florence-Marie Cooper: 1. The deadline for both parties to respond to complete discovery is extended to October 29, 2007 and depositions must be completed 5 days prior to the new discovery cut-off date.(ama)
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Filing 46
STIPULATED PROTECTIAVE ORDER by Judge Frederick F. Mumm :(shb)
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| Filing 45 STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed; Parties stipulate that Michael R Dilberto may serve as Attorney Settlement Officer for Settlement Proceedings The Plaintiff obtained the consent of the Attorney Settlement Officer.(shb) |
| Filing 43 MINUTES OF IN CHAMBERS ORDER held before Judge Frederick F. Mumm : ORDER RE STIPULATED PROTECTIVE ORDER: The Court has reviewed the proposed "Stipulated Protective Order." Although the Court is willing to enter an appropriate protective order in accordance with the parties stipulation, the proposed stipulated order is rejected for the following reasons: See minute order for details. (jm, ) |
| Filing 44 JOINT REQUEST for Court Approval of Stipulated Protective Order filed by plaintiff Ameriquest Mortgage Company, defendant Amerifirst Home Improvement Finance Co. Memorandum of Points and Authorities. Lodged Stipulated Protective Order. (ad, ) |
| Filing 42 STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed; Parties stipulate that John R. Sommer may serve as Attorney Settlement Officer for a Local Rule 16-14 Settlement Conference.(jp) |
| PLACED IN FILE - NOT USED re [FIRST PROPOSED] ORDER submitted by defendant and counterclaimant Amerifirst Home Improvement Finance Co, Amerifirst Home Improvement Finance Co. (et) |
| PLACED IN FILE - NOT USED re [SECOND PROPOSED] ORDER submitted by Defendant and counterclaimant Amerifirst Home Improvement Finance Co, Amerifirst Home Improvement Finance Co. (et) |
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Filing 40
ORDER DENYING DEFENDANT'S MOTION FOR ENTRY OF FINAL JUDGMENT OR, IN THE ALTERNATIVE, CERTIFICATION by Judge Florence-Marie Cooper: re MOTION for Judgment MOTION to Certify MOTION to Certify 36 . This matter is before the Court on Defendant's Motion for Entry of Final Judgment Pursuant to Fed. R. Civ. P. 54(b) or, in the Alternative, Certification Pursuant to 28 U.S.C. 1292(b) (docket no. 36), filed on April 2, 2007. The Court has read and considered the moving, opposition, and reply documents submitted in connection with this motion. The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for April 23, 2007, is removed from the Court's calendar. For the reasons and in the manner set forth below, the Court hereby DENIES the motion. (ama, )
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| Filing 39 REPLY MEMORANDUM IN SUPPORT OF MOTION for Judgment MOTION to Certify MOTION to Certify 36 filed by defendant Amerifirst Home Improvement Finance Co. (bp, ) |
| Filing 41 OPPOSITION to Defendants Motion for Entry of Final Judgment 36 filed by Plaintiff Ameriquest Mortgage Company. (ir, ) |
| Filing 38 DECLARATION of Matthew H. Swyers in support of MOTION for Judgment MOTION to Certify MOTION to Certify 36 filed by defendant Amerifirst Home Improvement Finance Co. (bp, ) |
| Filing 37 MEMORANDUM of Points and Authorities in Support of MOTION for Judgment MOTION to Certify MOTION to Certify 36 filed by defendant Amerifirst Home Improvement Finance Co. (bp, ) |
| Filing 36 NOTICE OF MOTION AND MOTION for Entry of Final Judgment, OR, in the alternative, MOTION to Certification filed by defendant Amerifirst Home Improvement Finance Co. Motion set for hearing on 4/23/2007 at 10:00 AM before Judge Florence-Marie Cooper. Lodged proposed order. (bp, ) |
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Filing 34
ORDER/REFERRAL TO ADR PILOT PROGRAM by Judge Florence-Marie Cooper, case ordered to Attorney Settlement Officer Panel for a Local Rule 16-14 settlement conference. Within 10 days, plaintiff shall notify the ADR Program Coordinator of name of Attorney Settlement Officer who will conduct the settlement conference.(jp)
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Filing 32
ORDER FOR JURY TRIAL by Judge Florence-Marie Cooper that the Discovery Cut-Off Date 9/28/2007. Cu-Off Date for Joining Parties or Amending Pleadings 2/28/2008. Cut-Off Date for Hearing. Cut-Off Date for Hearing Motions 2/25/2008. Expert Witness Exchange Deadline: Initial 11/14/2007; Supplemental 12/14/2007. Final Pretrial Conference set for 3/10/2008 at 09:30 AM. Trial set for 3/25/2008 at 09:00 AM. (jp)
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| Filing 33 MINUTES OF Scheduling Conference held before Judge Florence-Marie Cooper: The conference is held. The Court trial order will issue. Court Reporter: Not Present. (jp) |
| Filing 35 JOINT RULE 26(f) REPORT filed; estimated length of trial 5 to 7 days. (jp) |
| Filing 31 ADR PILOT PROGRAM QUESTIONNAIRE filed by attorney Richard P Ormond for Plaintiff and by Matthew H Swyers on behalf of Defendant (mg, ) |
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Filing 28
MINUTES OF IN CHAMBERS ORDER DENYING MOTION TO STRIKE by Judge Florence-Marie Cooper : re Motion to Strike 22 . In light of the Court's Order of March 1, 2007, Granting Plaintiff's Motion to Dismiss First Amended Counterclaim for Partial Cancellation (docket no. 21), Plaintiff's separate Motion To Strike Portions of Amended Counterclaim for Partial Cancellation (docket no. 22), is DENIED as MOOT. (ama, )
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Filing 27
ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS FIRST AMENDED COUNTERCLAIM FOR PARTIAL CANCELLATION by Judge Florence-Marie Cooper: re MOTION to Dismiss Case 21 . This matter is before the Court on Plaintiff's Motion to Dismiss First Amended Counterclaim for Partial Cancellation (docket no. 21), filed on January 25, 2007. The Court has read and considered the moving, opposition, and reply documents submitted in connection with this motion. The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for March 5, 2007, is removed from the Court's calendar. For the reasons and in the manner set forth below, the Court hereby GRANTS Plaintiff's Motion, with prejudice. (ama, )
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| Filing 30 REPLY in support of MOTION to Strike 22 ; Memorandum of points and authorities in support thereof; filed by Plaintiff Ameriquest Mortgage Company. (mg, ) |
| Filing 29 REPLY in support of MOTION to Dismiss Case First Amended Counterclaim 18 , 21 ; Memorandum of points and authorities in support; filed by Plaintiff Ameriquest Mortgage Company. (mg, ) |
| Filing 26 MEMORANDUM OF POINTS AND AUTHORITIES in Opposition to Plaintiffs MOTION to Dismiss Amended Counterclaim 18 21 filed by Defendant Amerifirst Home Improvement Finance Co. (mg, ) |
| Filing 25 MEMORANDUM OF POINTS AND AUTHORITIES in Opposition, in Part, to Plaintiffs MOTION to Strike 22 filed by Defendant Amerifirst Home Improvement Finance Co. (mg, ) |
| Filing 24 NOTICE OF CONTINUANCE of MOTION to Dismiss First Amended Counterclaim for Partial Cancellation 18 21 filed by Plaintiff Ameriquest Mortgage Company. (mg, ) |
| Filing 23 NOTICE OF CONTINUANCE of MOTION to Strike portions of first amended counterclaim for partial cancellation 22 filed by Plaintiff Ameriquest Mortgage Company. (mg, ) |
| Filing 22 NOTICE OF MOTION AND MOTION to Strike Portions of Amended Counterclaim for Partial Cancellation; Memorandum of Points and Authorities in Support Thereof; filed by Plaintiff Ameriquest Mortgage Company, Ameriquest Mortgage Company. Motion set for hearing on 3/5/2007 at 10:00 AM before Judge Florence-Marie Cooper. (mg, ) |
| Filing 21 NOTICE OF MOTION AND MOTION to Dismiss First Amended Counterclaim for Partial Cancellation 18 ; Memorandum of Points and Authorities in Support Thereof; filed by Plaintiff Ameriquest Mortgage Company. Motion set for hearing on 3/5/2007 at 10:00 AM before Judge Florence-Marie Cooper. (mg, ) |
| Filing 18 FIRST AMENDED COUNTERCLAIM amending Counterclaim 4 against Counterdefendant Ameriquest Mortgage Company, filed by Counterclaimant Amerifirst Home Improvement Finance Co (mg, ) |
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Filing 17
JOINT STIPULATION CONTINUING FILING OF RULE 26(F0 REPORT AND SCHEDULING CONFERENCE AND ORDER by Judge Florence-Marie Cooper Resetting Hearing as to Scheduling Conference continued to 3/26/2007 09:00 AM before Judge Florence-Marie Cooper.(gk, )
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Filing 14
ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIM FOR CANCELLATION by Judge Florence-Marie Cooper: re MOTION to Dismiss counterclaim for cancellation 7 . This matter is before the Court on Plaintiff's Motion to Dismiss Counterclaim for Cancellation (docket no. 7), filed on November 14, 2006. The Court has read and considered the moving, opposition, and reply documents submitted in connection with this motion. The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for December 18, 2006 is removed from the Court's calendar. For the reasons and in the manner set forth below, the Court hereby GRANTS Plaintiff's Motion. Defendant's Counterclaim is hereby DISMISSED WITHOUT PREJUDICE to the filing of an amended Counterclaim to correct, if possible, the defects identified herein. Said amended Counterclaim shall be filed no later than twenty (20) days from the date of the entry of this Order. (ama, )
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| Filing 20 REQUEST FOR JUDICIAL NOTICE filed by plaintiff Ameriquest Mortgage Company. (et) |
| Filing 19 REPLY MEMORANDUM IN SUPPORT OF ITS MOTION to Dismiss counterclaim for cancellation 7 filed by plaintiff Ameriquest Mortgage Company. (et) |
| Filing 16 DECLARATION of William A Delgado in Opposition to Plaintiffs MOTION to Dismiss counterclaim for cancellation 7 filed by Defendant / Counterclaimant Amerifirst Home Improvement Finance Co. (mg, ) |
| Filing 15 MEMORANDUM OF POINTS AND AUTHORITIES in Opposition to MOTION to Dismiss counterclaim for cancellation 7 filed by Defendant / Counterclaimant Amerifirst Home Improvement Finance Co (mg, ) |
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Filing 13
ORDER by Judge Florence-Marie Cooper granting APPLICATION for attorney Matthew H Swyers to Appear Pro Hac Vice for Defendant Amerifirst Home Improvement Finance Co; Designating Jason H Wilson as local counsel 12 . FEE PAID(mg, )
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| Filing 12 APPLICATION for attorney Matthew H Swyers to Appear Pro Hac Vice. FEE PAID. Filed by Defendant Amerifirst Home Improvement Finance Co. Lodged proposed order. (mg, ) |
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Filing 10
STIPULATION AND ORDER by Judge Florence-Marie Cooper continuing MOTION to Dismiss counterclaim for cancellation 7 to 12/18/2006 at 10:00 AM before Judge Florence-Marie Cooper. Opposition due by 12/4/2006; Reply due by 12/11/2006. (mg, )
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| Filing 9 MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION to Dismiss counterclaim for cancellation 7 filed by Plaintiff Ameriquest Mortgage Company. (mg, ) |
| Filing 8 DECLARATION of Richard Ormond in support of MOTION to Dismiss counterclaim for cancellation 7 filed by Plaintiff Ameriquest Mortgage Company. (mg, ) |
| Filing 7 NOTICE OF MOTION AND MOTION to Dismiss counterclaim for cancellation filed by Plaintiff Ameriquest Mortgage Company. Motion set for hearing on 12/11/2006 at 10:00 AM before Judge Florence-Marie Cooper. (mg, ) |
| Filing 11 PROOF OF SERVICE filed by Plaintiff Ameriquest Mortgage Company, re Civil Minutes - General #6 ; served on (date not specified). (mg, ) |
| Filing 6 MINUTES (IN CHAMBERS ORDER) held before Judge Florence-Marie Cooper: This Court hereby sets a Scheduling Conference for 1/22/2007 at 09:00 AM before Judge Florence-Marie Cooper. Court Reporter: Not Present. (mg, ) |
| Filing 5 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Amerifirst Home Improvement Finance Co. (mg, ) |
| Filing 4 ANSWER to Complaint - (Discovery) 1 with JURY DEMAND, and COUNTERCLAIM against Ameriquest Mortgage Company filed by Defendant Amerifirst Home Improvement Finance Co.(mg, ) |
| Filing 3 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(jag, ) |
| Filing 2 CERTIFICATION and NOTICE of Interested Parties filed by Plaintiff Ameriquest Mortgage Company. (jag, ) |
| Filing 1 COMPLAINT against defendant Amerifirst Home Improvement Finance Co. (Filing fee $350) JURY DEMAND. filed by plaintiff Ameriquest Mortgage Company.(jag, ) |
| FAX number for Attorney Richard P Ormond, Rachel A Saldana, Michael L Wachtell is 213-896-0400. (jag, ) |
| REPORT ON THE FILING OF AN ACTION REGARDING TRADEMARK (cc: form mailed to Washington, D.C.) (Opening) (jag, ) |
| 20-Day Summons Issued re Complaint - (Discovery) 1 as to Amerifirst Home Improvement Finance Co. (jag, ) |
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