Bobrick Washroom Equipment, Inc. v. American Specialties, Inc.
Plaintiff: Bobrick Washroom Equipment, Inc.
Defendant: American Specialties, Inc.
Case Number: 2:2010cv06938
Filed: September 17, 2010
Court: US District Court for the Central District of California
Presiding Judge: Paul L Abrams
Referring Judge: Stephen V Wilson
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 21, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 21, 2014 Filing 354 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #345 and Notice of Appeal to 9th Circuit Court of Appeals #332 CCA # 12-56653 and 13-55471. The decision of the district court is affirmed. Mandate received in this district on 4/21/2014. (dmap)
September 30, 2013 Opinion or Order Filing 353 ORDER from 9th CCA filed, CCA # 12-56653 and 13-55471. Appellee's opposed motion for leave to file an oversized answering brief consisting of 16,771 words is granted. The Clerk shall file the answering brief. [See document for further details]. Order received in this district on 9/30/13. (car)
June 12, 2013 Opinion or Order Filing 352 MINUTE ORDER IN CHAMBERS re: MOTION to Stay #348 by Judge Stephen V. Wilson. Plaintiffs motion for a stay pending appeal is DENIED. (See order for details.) (kti)
June 6, 2013 Opinion or Order Filing 351 IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re: MOTION to Stay pending Enforcement of Judgment Pending Appeal filed by Plaintiff Bobrick Washroom Equipment, Inc #348 : The motion is submitted. Order to issue. The June 10, 2013 hearing is vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(pc) TEXT ONLY ENTRY
May 23, 2013 Filing 350 REPLY In support of MOTION to Stay pending Enforcement of Judgment Pending Appeal #348 filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration of William L. Bartow)(Briones, Joshua)
May 20, 2013 Filing 349 ASI's Opposition in Opposition to re: MOTION to Stay pending Enforcement of Judgment Pending Appeal #348 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Graham, Pamela)
April 30, 2013 Filing 348 NOTICE OF MOTION AND MOTION to Stay pending Enforcement of Judgment Pending Appeal filed by Plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proposed Order)(Briones, Joshua)
March 20, 2013 Filing 347 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #345 as to Plaintiff Bobrick Washroom Equipment, Inc.; Receipt Number: LA0066475 in the amount of $455. (dmap)
March 20, 2013 Filing 346 NOTIFICATION by Circuit Court of Appellate Docket Number 13-55471, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #345 as to Plaintiff Bobrick Washroom Equipment, Inc. (mat)
March 20, 2013 Filing 345 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Bobrick Washroom Equipment, Inc.. Appeal of Order on Request for Attorney Fees, Order on Motion to Alter Judgment, Order on Application to Clerk to Tax Costs, Order on Motion for Attorney Fees,,,,,,,,,,,,,,,, #344 (Appeal fee FEE NOT PAID.) (Attachments: #1 Representation Statement)(Briones, Joshua)
February 20, 2013 Opinion or Order Filing 344 ORDER DENYING PLAINTIFFS MOTION TO ALTER OR AMEND JUDGMENT #328 ; GRANTING PLAINTIFFS REQUEST FOR ATTORNEYS FEES #317 ; DENYING DEFENDANTS REQUEST FOR ATTORNEYS FEES #330 ; GRANTING DEFENDANTS APPLICATION TO TAX COSTS [329,331] by Judge Stephen V. Wilson: Now before the Court are Plaintiffs Motion to Alter or AmendJudgment, (Dkt. 328), the parties respective motions for attorneysfees, (Dkt. 317, 330), and Defendants Application to Tax Costs (Dkt.329, 331). Before addressing the fees, the Court first determineswhether it must revisit its Final Judgment. (SEE ATTACHED FOR FURTHER DETAILS) Defendants Motion for Attorneys Fees is DENIED, and Defendants Application to Tax Costs is GRANTED in the amount of $43,790.73. By virtue of the offset, Defendant shall pay Plaintiff $91,050.27 by the prescribed deadline. #317 #328 DENYING Motion to Alter Judgment; #329 #330 #331 (pj)
October 12, 2012 Opinion or Order Filing 343 MINUTES (IN CHAMBERS): ORDER PLAINTIFF'S MOTION TO ALTER ORAMEND JUDGMENT #328 ; PLAINTIFF'S REQUEST FOR ATTORNEYS' FEES #317 ; DEFENDANT'S REQUEST FOR ATTORNEYS' FEES #330 by Judge Stephen V. Wilson: Upon review of the parties' briefs, the Court concludes that the Motions are suitable for determination without oral argument. Fed. R. Civ. P. 78(b); Local Rule 7-15. The hearing scheduled for Monday, October 15, 2012, is VACATED. Order to issue. : (pj)
October 8, 2012 Filing 342 TRANSCRIPT ORDER as to plaintiff Bobrick Washroom Equipment, Inc. Court Reporter. Court will contact David Abel at david.abel@dlapiper.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: December 6, 2010. Other: October 3, 2011. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Abel, David)
October 1, 2012 Filing 341 REPLY in support of MOTION for Attorney Fees #330 filed by Defendant American Specialties, Inc.. (Thurston, Adam)
October 1, 2012 Filing 340 REPLY Brief In Support Of MOTION to Alter Judgment re Judgment, #315 . MOTION to Alter Judgment re Judgment, #315 . #328 or Amend Judgment, or in the Alternative, Leave to Take Further Discovery filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Abel, David)
September 17, 2012 Filing 339 REPLY filed by Defendant American Specialties, Inc. to Corrected APPLICATION to the Clerk to Tax Costs against plaintiff Bobrick Washroom Equipment, Inc. re: Judgment, #315 ,Corrected APPLICATION to the Clerk to Tax Costs against plaintiff Bobrick Washroom Equipment, Inc. re: Judgment, #315 , #331 ASI's Reply In Support Of Its Amended And Corrected Application To The Clerk To Tax Costs (Thurston, Adam)
September 17, 2012 Filing 338 MEMORANDUM in Opposition to MOTION to Alter Judgment re Judgment, #315 . MOTION to Alter Judgment re Judgment, #315 . #328 filed by Defendant American Specialties, Inc.. (Attachments: #1 Declaration Declaration of Adam J. Thurston in Support of ASI's Opposition to Bobrick's Motion to Alter or Amend Judgment)(Thurston, Adam)
September 17, 2012 Filing 337 OPPOSITION to MOTION for Attorney Fees #330 filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Abel, David)
September 13, 2012 Filing 336 Objection to ASI's re: Corrected APPLICATION to the Clerk to Tax Costs against plaintiff Bobrick Washroom Equipment, Inc. re: Judgment, #315 ,Corrected APPLICATION to the Clerk to Tax Costs against plaintiff Bobrick Washroom Equipment, Inc. re: Judgment, #315 , #331 filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration Robert W. Smith III, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Abel, David)
September 12, 2012 Filing 335 TEXT ONLY ENTRY-IN CHAMBERS re: REQUEST for Attorney Fees and Costs Pursuant to Court Order #317 : Hearing on the motion scheduled for 09/17/2012 at 1:30 PM has been rescheduled to 10/15/2012 at 1:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(pc) TEXT ONLY ENTRY
September 7, 2012 Filing 334 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #332 as to Plaintiff Bobrick Washroom Equipment Inc.; Receipt Number: LA052025 in the amount of $455. (dmap)
September 7, 2012 Filing 333 NOTIFICATION by Circuit Court of Appellate Docket Number 12-56653, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #332 as to Plaintiff Bobrick Washroom Equipment, Inc. (car)
September 7, 2012 Filing 332 NOTICE OF APPEAL to the 9th CCA filed by plaintiff Bobrick Washroom Equipment, Inc.. Appeal of Findings of Fact & Conclusions of Law, #312 , Judgment, #315 (Appeal fee FEE NOT PAID.) (Attachments: #1 Exhibit A-B)(Abel, David)
September 4, 2012 Filing 331 Corrected APPLICATION to the Clerk to Tax Costs against plaintiff Bobrick Washroom Equipment, Inc. re: Judgment, #315 , filed by defendant American Specialties, Inc.. Application set for hearing on 9/20/2012 at 10:00 AM before Clerk of Court. (Attachments: #1 Exhibit Bill of Costs - Part 1, #2 Exhibit Bill of Costs - Part 2, #3 Exhibit Bill of Costs - Part 3)(Thurston, Adam)
August 31, 2012 Filing 330 NOTICE OF MOTION AND MOTION for Attorney Fees filed by defendant American Specialties, Inc.. Motion set for hearing on 10/15/2012 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Adam J. Thurston, #3 Exhibit A - Part 1, #4 Exhibit A - Part 2, #5 Exhibit A - Part 3, #6 Exhibit A - Part 4, #7 Exhibit A - Part 5, #8 Exhibit A - Part 6, #9 Exhibit A - Part 7, #10 Exhibit A - Part 8, #11 Exhibit A - Part 9, #12 Exhibit A - Part 10, #13 Exhibit B)(Thurston, Adam)
August 31, 2012 Filing 329 APPLICATION to the Clerk to Tax Costs against Plaintiff Bobrick Washroom Equipment, Inc. filed by Defendant and Counterclaimants American Specialties, Inc.. Application set for hearing on 9/10/2012 at 01:30 PM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Bill of Costs, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Declaration of Ryan Mackey, #8 Exhibit A - C to the Declaration of Ryan Mackey)(Thurston, Adam)
August 30, 2012 Filing 328 NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment, #315 . filed by plaintiff Bobrick Washroom Equipment, Inc.. Motion set for hearing on 10/15/2012 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum of Law in Support of Motion and Motion to Alter or Amend Judgment)(Abel, David)
August 29, 2012 Filing 327 OBJECTION In Opposition re: REQUEST for Attorney Fees and Costs Pursuant to Court Order #317 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Attachments: #1 Declaration of Adam J. Thurston In Support of ASI's Objections to Bobrick's Request for Costs and Attorneys' Fees Pursuant to Court Order)(Thurston, Adam)
August 29, 2012 Filing 326 NOTICE OF FILING TRANSCRIPT filed for proceedings 10-25-2011 10:15 a.m. / 10-26-2011 9:05 a.m. / 10-27-2011 9:20 a.m. / 11-08-2011 10:20 a.m. / 06-18-2012 4:30 p.m. / 07-17-2012 9:45 a.m. / 07-18-2012 9:20 a.m. re Transcript #323 , #322 , #325 , #319 , #324 , #321 , #320 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(Duvall, Richard) TEXT ONLY ENTRY
August 29, 2012 Filing 325 TRANSCRIPT for proceedings held on 07-18-2012 9:20 a.m.. Court Reporter/Electronic Court Recorder: DEBORAH K. GACKLE, CSR, RPR, phone number (213) 620-1149. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/19/2012. Redacted Transcript Deadline set for 9/29/2012. Release of Transcript Restriction set for 11/27/2012. (Duvall, Richard)
August 29, 2012 Filing 324 TRANSCRIPT for proceedings held on 07-17-2012 9:45 a.m.. Court Reporter/Electronic Court Recorder: DEBORAH K. GACKLE, CSR, RPR, phone number (213) 620-1149. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/19/2012. Redacted Transcript Deadline set for 9/29/2012. Release of Transcript Restriction set for 11/27/2012. (Duvall, Richard)
August 29, 2012 Filing 323 TRANSCRIPT for proceedings held on 06-18-2012 4:30 p.m.. Court Reporter/Electronic Court Recorder: DEBORAH K. GACKLE, CSR, RPR, phone number (213) 620-1149. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/19/2012. Redacted Transcript Deadline set for 9/29/2012. Release of Transcript Restriction set for 11/27/2012. (Duvall, Richard)
August 29, 2012 Filing 322 TRANSCRIPT for proceedings held on 11-08-2011 10:20 a.m.. Court Reporter/Electronic Court Recorder: DEBORAH K. GACKLE, CSR, RPR, phone number (213) 620-1149. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/19/2012. Redacted Transcript Deadline set for 9/29/2012. Release of Transcript Restriction set for 11/27/2012. (Duvall, Richard)
August 29, 2012 Filing 321 TRANSCRIPT for proceedings held on 10-27-2011 9:20 a.m.. Court Reporter/Electronic Court Recorder: DEBORAH K. GACKLE, CSR, RPR, phone number (213) 620-1149. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/19/2012. Redacted Transcript Deadline set for 9/29/2012. Release of Transcript Restriction set for 11/27/2012. (Duvall, Richard)
August 29, 2012 Filing 320 TRANSCRIPT for proceedings held on 10-26-2011 9:05 a.m.. Court Reporter/Electronic Court Recorder: DEBORAH K. GACKLE, CSR, RPR, phone number (213) 620-1149. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/19/2012. Redacted Transcript Deadline set for 9/29/2012. Release of Transcript Restriction set for 11/27/2012. (Duvall, Richard)
August 29, 2012 Filing 319 TRANSCRIPT for proceedings held on 10-25-2011 10:15 a.m.. Court Reporter/Electronic Court Recorder: DEBORAH K. GACKLE, CSR, RPR, phone number (213) 620-1149. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/19/2012. Redacted Transcript Deadline set for 9/29/2012. Release of Transcript Restriction set for 11/27/2012. (Duvall, Richard)
August 24, 2012 Filing 318 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 Judgment) (bp)
August 22, 2012 Filing 317 REQUEST for Attorney Fees and Costs Pursuant to Court Order filed by Plaintiff Bobrick Washroom Equipment, Inc.. Request set for hearing on 9/17/2012 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration, #2 Exhibit Exhibit A - Part 1, #3 Exhibit Exhibit A - Part 2, #4 Exhibit Exhibit A - Part 3, #5 Exhibit Exhibit A - Part 4, #6 Exhibit Exhibit A - Part 5, #7 Exhibit Exhibit B, #8 Exhibit Exhibit C, #9 Exhibit Exhibit D, #10 Exhibit Exhibit E, #11 Exhibit Exhibit F, #12 Exhibit Exhibit G, #13 Exhibit Exhibit H, #14 Exhibit Exhibit I)(Abel, David)
August 17, 2012 Filing 314 OBJECTIONS to Notice of Lodging #313 [Proposed] Judgment Pursuant to Rule 54(b) of the Federal Rules of Civil Procedure filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Abel, David)
August 15, 2012 Filing 316 Notice of Electronic Filing re Judgment, #315 e-mailed to robert.benson@dlapiper.com bounced due to 5.1.0 - Unknown address error 550-'No such user - psmtp'. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to rbenson@orrick.com with a request that he update his profile. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(tyw) TEXT ONLY ENTRY
August 15, 2012 Filing 315 JUDGMENT PURSUANT TO RULE 54(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE by Judge Stephen V. Wilson. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff Bobrick Washroom Equipment, Inc. shall take nothing by way of its Amended Complaint. (MD JS-6, Case Terminated). (bp)
August 13, 2012 Filing 313 NOTICE OF LODGING filed re Findings of Fact & Conclusions of Law, #312 (Attachments: #1 Proposed Order JUDGMENT PURSUANT TO RULE 54(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE)(Thurston, Adam)
August 8, 2012 Filing 312 FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Judge Stephen V. Wilson.For the reasons set forth above, the Court finds Defendant NOTLIABLE on all claims. Unless they are specifically addressed in this Order, all pendingmotions are DENIED AS MOOT. (pj)
July 18, 2012 Filing 311 MINUTES OF Court Trial (5th Day) held and completed before Judge Stephen V. Wilson: Witnesses called, sworn and testified. Exhibits identified and admitted. submitted to court.Closing arguments made.Court Reporter: Deborah Gackle. (pj)
July 18, 2012 Filing 310 LIST OF EXHIBITS AND WITNESSES at trial. (pj)
July 18, 2012 Filing 309 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). (bp)
July 17, 2012 Filing 308 MINUTES OF Court Trial (4th day )held before Judge Stephen V. Wilson: Witnesses called, sworn and testified. Exhibits identified and admitted. Case continued to 7/18/2012 09:00 AM before Judge Stephen V. Wilson.Court Reporter: Deborah Gackle. (pj)
July 16, 2012 Filing 307 REPLY in support MOTION to Quash Subpoena (Trial) of Gary Drossman #294 , MOTION to Quash Subpoena (Trial) of Cyrus Boatwalla #298 , MOTION to Quash Subpoena (Trial Subpoena) Howard Harper #300 , MOTION to Quash Subpoena (Trial) of Walter Brokowski #297 , MOTION to Quash Subpoena (Trial) John Scourakis #299 , MOTION to Quash Subpoena (Trial) of Heather Raphael #295 , MOTION to Quash Subpoena (Trial) of Charles LaBarbera #296 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Fife, Ryan)
July 16, 2012 Filing 306 OPPOSITION DECLARATION OF HENRY SHIELDS, JR., ESQ. (in Opp to Mtn in Limine #6) filed by Defendant American Specialties, Inc.. (Fife, Ryan)
July 16, 2012 Filing 305 OPPOSITION DECLARATION OF ADAM J. THURSTON, ESQ. (in Opp to Mtn in Limine #6) filed by Defendant American Specialties, Inc.. (Fife, Ryan)
July 16, 2012 Filing 304 OPPOSITION DECLARATION OF ADRIENNA ROLLA (In Opp to Mtn in Limine #6) filed by Defendant American Specialties, Inc.. (Fife, Ryan)
July 16, 2012 Filing 303 OPPOSITION IN OPPOSITION re: MOTION IN LIMINE (1) Requesting Defendant to Preserve and Produce Evidence; and (2) for Spoliation Sanctions MOTION IN LIMINE (1) Requesting Defendant to Preserve and Produce Evidence; and (2) for Spoliation Sanctions #206 filed by Defendant American Specialties, Inc.. (Fife, Ryan)
July 13, 2012 Filing 302 OPPOSITION to MOTION to Quash Subpoena (Trial) of Cyrus Boatwalla #298 , MOTION to Quash Subpoena (Trial Subpoena) Howard Harper #300 , MOTION to Quash Subpoena (Trial) of Walter Brokowski #297 , MOTION to Quash Subpoena (Trial) John Scourakis #299 , MOTION to Quash Subpoena (Trial) of Heather Raphael #295 , MOTION to Quash Subpoena (Trial) of Charles LaBarbera #296 filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration William L. Bartow, #2 Exhibit A)(Abel, David)
July 12, 2012 Opinion or Order Filing 301 MINUTES (IN CHAMBERS): ORDER by Judge Stephen V. Wilson: Defendant's Ex Parte Applications and related Motions, (Dkt. 275, 279, 281, 282, 284), are DENIED. Defendant is ORDERED to file a response to Plaintiff's Supplemental Brief re: Plaintiff's Sixth Motion in Limine (Spoliation Sanctions), (Dkt. 293), by no later than 12:00 p.m. on Monday, July 16, 2012. The parties shall be prepared to address this motion, through argument and/or witness testimony, at trial beginning July 17, 2012. #282 #275 #279 #281 #284 (pj)
July 10, 2012 Filing 300 NOTICE OF MOTION AND MOTION to Quash Subpoena (Trial Subpoena) Howard Harper filed by Defendant and Counterclaimant American Specialties, Inc.. Motion set for hearing on 7/17/2012 at 08:30 AM before Judge Stephen V. Wilson. (Thurston, Adam)
July 10, 2012 Filing 299 NOTICE OF MOTION AND MOTION to Quash Subpoena (Trial) John Scourakis filed by Defendant and Counterclaimant American Specialties, Inc.. Motion set for hearing on 7/17/2012 at 08:30 AM before Judge Stephen V. Wilson. (Thurston, Adam)
July 10, 2012 Filing 298 NOTICE OF MOTION AND MOTION to Quash Subpoena (Trial) of Cyrus Boatwalla filed by Defendant and Counterclaimant American Specialties, Inc.. Motion set for hearing on 7/17/2012 at 08:30 AM before Judge Stephen V. Wilson. (Thurston, Adam)
July 10, 2012 Filing 297 NOTICE OF MOTION AND MOTION to Quash Subpoena (Trial) of Walter Brokowski filed by Defendant and Counterclaimant American Specialties, Inc.. Motion set for hearing on 7/17/2012 at 08:30 AM before Judge Stephen V. Wilson. (Thurston, Adam)
July 10, 2012 Filing 296 NOTICE OF MOTION AND MOTION to Quash Subpoena (Trial) of Charles LaBarbera filed by Defendant and Counterclaimant American Specialties, Inc.. Motion set for hearing on 7/17/2012 at 08:30 AM before Judge Stephen V. Wilson. (Thurston, Adam)
July 10, 2012 Filing 295 NOTICE OF MOTION AND MOTION to Quash Subpoena (Trial) of Heather Raphael filed by Defendant and Counterclaimant American Specialties, Inc.. Motion set for hearing on 7/17/2012 at 08:30 AM before Judge Stephen V. Wilson. (Thurston, Adam)
July 10, 2012 Filing 294 NOTICE OF MOTION AND MOTION to Quash Subpoena (Trial) of Gary Drossman filed by Defendant and Counterclaimant American Specialties, Inc.. Motion set for hearing on 7/17/2012 at 08:30 AM before Judge Stephen V. Wilson. (Thurston, Adam)
July 10, 2012 Filing 293 TRIAL BRIEF to Plaintiff Bobrick's Sixth Motion in Limine For an Order (1) Requiring Defendant to Preserve and Produce Evidence; and (2) For Spoliation Sanctions filed by plaintiff Bobrick Washroom Equipment, Inc... (Attachments: #1 Declaration William L. Bartow, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Abel, David)
July 10, 2012 Filing 292 TRIAL BRIEF on Issues Other Than Functionality filed by plaintiff Bobrick Washroom Equipment, Inc... (Abel, David)
July 10, 2012 Filing 291 Supplemental Proposed Conclusions of Law MEMORANDUM of CONTENTIONS of FACT and LAW filed by plaintiff Bobrick Washroom Equipment, Inc.. (Abel, David)
July 10, 2012 Filing 290 Supplemental Proposed Findings of Fact MEMORANDUM of CONTENTIONS of FACT and LAW filed by plaintiff Bobrick Washroom Equipment, Inc.. (Abel, David)
July 10, 2012 Filing 289 TRIAL BRIEF on Functionality filed by plaintiff Bobrick Washroom Equipment, Inc... (Abel, David)
July 10, 2012 Filing 288 Witness List filed by plaintiff Bobrick Washroom Equipment, Inc... (Abel, David)
July 10, 2012 Filing 287 Supplemental Exhibit List filed by plaintiff Bobrick Washroom Equipment, Inc... (Abel, David)
July 3, 2012 Filing 286 Opposition to re: EX PARTE APPLICATION to Expedite Briefing and Hearing on Motion for Judgment on Partial Finsings (Dkt. No. 279) EX PARTE APPLICATION to Expedite Briefing and Hearing on Motion for Judgment on Partial Finsings (Dkt. No. 279) #281 on Likelihood of Confusion filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration Darius C. Gambino, #2 Exhibit A)(Abel, David)
July 3, 2012 Filing 285 Opposition to re: EX PARTE APPLICATION to Expedite Briefing and Hearing on Motion for Judgment on Partial Findings (Dkt. No. 282) Based on No Secondary Meaning EX PARTE APPLICATION to Expedite Briefing and Hearing on Motion for Judgment on Partial Findings (Dkt. No. 282) Based on No Secondary Meaning #284 filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration Darius C. Gambino, #2 Exhibit A)(Abel, David)
July 2, 2012 Filing 284 EX PARTE APPLICATION to Expedite Briefing and Hearing on Motion for Judgment on Partial Findings (Dkt. No. 282) Based on No Secondary Meaning filed by defendant American Specialties, Inc.. (Attachments: #1 Declaration of Adam J. Thurston, #2 Proposed Order)(Thurston, Adam)
July 2, 2012 Filing 283 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW RE MOTION FOR JUDGMENT ON PARTIAL FINDINGS (Dkt. 282) re MOTION for Judgment on Partial Findings, pursuant to FRCP 52(c) #282 Based on No Secondary Meaning filed by Defendant American Specialties, Inc.. (Thurston, Adam)
July 2, 2012 Filing 282 NOTICE OF MOTION AND MOTION for Judgment on Partial Findings, pursuant to FRCP 52(c) filed by defendant American Specialties, Inc.. (Thurston, Adam)
July 2, 2012 Filing 281 EX PARTE APPLICATION to Expedite Briefing and Hearing on Motion for Judgment on Partial Finsings (Dkt. No. 279) filed by defendant American Specialties, Inc.. (Attachments: #1 Declaration of Adam J. Thurston, #2 Proposed Order)(Thurston, Adam)
July 2, 2012 Filing 280 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW RE MOTION FOR JUDGMENT ON PARTIAL FINDINGS (Dkt. 279) re MOTION for Judgment on Partial Findings, pursuant to FRCP 52(c) #279 Based on No Likelihood of Confusion filed by Defendant American Specialties, Inc.. (Thurston, Adam)
July 2, 2012 Filing 279 NOTICE OF MOTION AND MOTION for Judgment on Partial Findings, pursuant to FRCP 52(c) filed by defendant American Specialties, Inc.. (Thurston, Adam)
June 29, 2012 Filing 278 REPLY in Support of EX PARTE APPLICATION for Ruling on Motion for Judgment on Partial Findings Pursuant to Rule 52(c) Regarding Functionality (ECF No. 249) EX PARTE APPLICATION for Ruling on Motion for Judgment on Partial Findings Pursuant to Rule 52(c) Regarding Functionality (ECF No. 249) #275 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Thurston, Adam)
June 28, 2012 Filing 277 Opposition in opposition re: EX PARTE APPLICATION for Ruling on Motion for Judgment on Partial Findings Pursuant to Rule 52(c) Regarding Functionality (ECF No. 249) EX PARTE APPLICATION for Ruling on Motion for Judgment on Partial Findings Pursuant to Rule 52(c) Regarding Functionality (ECF No. 249) #275 filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration David B. Abel, #2 Exhibit 1-3, #3 Exhibit 4-5)(Abel, David)
June 27, 2012 Filing 276 SUPPLEMENT to EX PARTE APPLICATION for Ruling on Motion for Judgment on Partial Findings Pursuant to Rule 52(c) Regarding Functionality (ECF No. 249) EX PARTE APPLICATION for Ruling on Motion for Judgment on Partial Findings Pursuant to Rule 52(c) Regarding Functionality (ECF No. 249) #275 , MOTION for Judgment on Partial Findings, pursuant to FRCP 52c #249 --Supplemental Proposed Findings of Fact and Conclusions of Law filed by Defendant American Specialties, Inc.. (Thurston, Adam)
June 27, 2012 Filing 275 EX PARTE APPLICATION for Ruling on Motion for Judgment on Partial Findings Pursuant to Rule 52(c) Regarding Functionality (ECF No. 249) filed by defendant American Specialties, Inc.. (Attachments: #1 Declaration of Adam J. Thurston, #2 Proposed Order Granting Ex Parte Application)(Thurston, Adam)
June 27, 2012 Opinion or Order Filing 274 MINUTES ORDER IN CHAMBERS re MOTION FOR RULING AND SUPPLEMENTAL BRIEF RE: MOTION FOR JUDGMENT ON PARTIAL FINDINGS #272 by Judge Stephen V. Wilson. The Court, having received defendants motion for ruling and supplemental brief (Dkt. 272) filed June 25, 2012, hereby ORDERS the untimely motion stricken from the record. Due to the shortened time frame, the Court will entertain an ex parte request regarding this matter. IT IS SO ORDERED. (kti)
June 25, 2012 Filing 273 SUPPLEMENTAL PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR ASIS MOTION FOR JUDGMENT ON PARTIAL FINDINGS PURSUANT TO FED. R. CIV. P. 52(c) REGARDING FUNCTIONALITY re MOTION for Judgment on Partial Findings, pursuant to FRCP 52c #249 , Supplemental MOTION for Judgment on Partial Findings, pursuant to FRCP 52(c)Supplemental MOTION for Judgment on Partial Findings, pursuant to FRCP 52(c) #272 filed by Defendant American Specialties, Inc.. (Thurston, Adam)
June 25, 2012 Filing 272 NOTICE OF MOTION AND Supplemental MOTION for Judgment on Partial Findings, pursuant to FRCP 52(c) filed by defendant American Specialties, Inc.. Motion set for hearing on 7/16/2012 at 09:00 AM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Adam J. Thurston)(Thurston, Adam) ***STRICKEN PURSUANT TO ORDER #274 *** Modified on 6/27/2012 (kti).
June 18, 2012 Filing 271 MINUTES OF Status Conference held before Judge Stephen V. Wilson:,Case called. Attorneys state their appearances. Special Master, Matthew Ghourdjian, appearingby telephone. The matter is set to resume trial on July 17, 2012, at 9:00 a.m. Mr. Ghourdjian is ORDERED to submit his final report, to the Court and to the parties, within ten (10) days of the date of this Order.Both parties shall give notice to Mr. Ghourdjian. (see attached for further details) Court Reporter: Deborah Gackle. (pj)
May 31, 2012 TEXT ONLY ENTRY - IN CHAMBERS by Judge Stephen V. Wilson. On the Court's own motion, the Status Conference #270 is continued from June 11, 2012 to June 18, 2012 at 3:00 PM. Parties shall give notice to Mr. Ghourdjian. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
May 30, 2012 Opinion or Order Filing 270 MINUTE ORDER (IN CHAMBERS) Re Requests for Status Conference #268 #269 by Judge Stephen V. Wilson: The parties' requests for status conference are GRANTED. A status conference shall be held on Monday, June 11, 2012, at 3:00 p.m. The Court further ORDERS that Court-Appointed Expert Matthew Ghourdjian attend this status conference and be prepared to advise the Court regarding: (1) the electronic search of Defendant's systems, and the corresponding production of data to the parties; and (2) Mr. Ghourdjian's final report. PARTIES SHALL GIVE NOTICE TO MR. GHOURDJIAN. (jre)
May 29, 2012 Filing 269 STATUS REPORT and Request for Status Conference filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Abel, David)
May 29, 2012 Filing 268 STATUS REPORT AND REQUEST FOR STATUS CONFERENCE filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Thurston, Adam)
April 30, 2012 Opinion or Order Filing 267 MINUTES ORDER IN CHAMBERS re EX PARTE APPLICATION FOR ORDER PREVENTING REVIEW AND RETENTION OF IMPROPERLY PRODUCED DOCUMENTS #264 by Judge Stephen V. Wilson. Defendants Ex Parte Application for Order Preventing Review and Retention of Improperly Produced Documents, (Dkt. 264), is GRANTED IN PART. The Court hereby ORDERS that: 1. Bobrick and its counsel are hereby directed to immediately cease any review of the native format emails produced by Cogility on April 16, 2012 (the improperly produced emails); and 2. Bobrick and its counsel are hereby directed to immediately destroy all copies of the improperly produced emails within their possession, custody, or control, including any such emails that have been provided to outside vendors. Cogility shall produce a corrected data set to the parties forthwith, in accordance with the Courts November 22, 2011 Order, (Dkt. 260). With respect to the breadth of Cogilitys search, the Court notes that its prior Order requires that both emails and attachments be searched using the specified keywords. The Court would appreciate Cogilitys prompt attention in performing this search, producing the resulting documents to the parties, and preparing its final report. This process has taken significantly longer than was initially expected, and the Court is interested in a reasonably expeditious resolution of this case. (kti)
April 27, 2012 Filing 266 NOTICE OF ERRATA filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. correcting EX PARTE APPLICATION for Discovery regarding Plaintiff's Opposition to ASI's Ex Parte Application #265 Exhibit A to Declaration of David Cederquist (Attachments: #1 Declaration David Cederquist)(Abel, David)
April 27, 2012 Filing 265 EX PARTE APPLICATION for Discovery regarding Plaintiff's Opposition to ASI's Ex Parte Application filed by Plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration David Cederquist)(Abel, David)
April 26, 2012 Filing 264 EX PARTE APPLICATION for Order for Preventing Review And Retention Of Improperly Produced Documents, And For Sanctions filed by defendant American Specialties, Inc.. (Attachments: #1 Proposed Order)(Thurston, Adam)
April 17, 2012 Filing 263 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #262 . The following error(s) was found: Incorrect event selected. The correct event is: Change of Attorney Information G-06. To find the correct efiling event; see category: Other Filings: Notices; for event: Change of Attorney Information G-06. The G-06 form can be found on the court's website. 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. (lom)
April 16, 2012 Filing 262 NOTICE of Withdrawal of Attorney Robert J. Benson filed by plaintiff Bobrick Washroom Equipment, Inc.. (Abel, David)
March 22, 2012 Filing 261 STATUS REPORT - Joint Status Report filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Thurston, Adam)
November 22, 2011 Opinion or Order Filing 260 MINUTE IN CHAMBERS ORDER re Responsibilities of Court-Appointed Expert Pursuant to Federal Rule of Evidence 706 by Judge Stephen V. Wilson: On 11/8/2011, the Court held a hearing regarding the appointment of Mr. Matthew Ghourdjian, CEO of Cogility Software Corporation, as a Court Appointed Expert pursuant to Federal Rule of Evidence 706. At the hearing, Mr. Ghourdjian and the parties consented to his appointment. Neither the parties nor Mr. Ghourdjian indicated any potential conflict of interest. Accordingly, the Court issued an order appointing Mr. Ghourdjian as an independent expert under FRE 706. (See attached Minute Order for further information). (jp)
November 14, 2011 Filing 258 JOINT STIPULATION to MOTION IN LIMINE (1) Requesting Defendant to Preserve and Produce Evidence; and (2) for Spoliation Sanctions MOTION IN LIMINE (1) Requesting Defendant to Preserve and Produce Evidence; and (2) for Spoliation Sanctions #206 filed by Plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proof of Service)(Gambino, Darius)
November 8, 2011 Filing 259 MINUTES OF Hearing re: Appointment of Court Expert held before Judge Stephen V. Wilson: Hearing held. Mr. Ghourdjian is called, and sworn. Mr. Ghourdjian responds to questions touching upon his qualifications. No party expresses any objections to his qualifications. Mr. Schwaid is called, and sworn. Mr. Schwaid responds to questions regarding Defendants IT systems and procedures. The parties agree to submit a Joint Stipulation regarding keywords that Mr. Ghourdjian will use to search Defendants backup tapes. The list shall not exceed ten keywords, excluding the model numbers of relevant ASI Roval and Bobrick Contura Series products. With the consent of the parties, Mr. Ghourdjian is appointed as a court- appointed expert under Federal Rule of Evidence 706. The Court will issue an order detailing his responsibilities. Mr. Ghourdjian is instructed not to engage in ex parte communications with the parties or the Court, and that all communications should be in writing. Court Reporter: Deborah Gackle. (rp)
November 2, 2011 Filing 257 STIPULATION for Order Regarding Functionality Ruling filed by Defendant American Specialties, Inc..(Thurston, Adam)
November 2, 2011 Opinion or Order Filing 253 IN CHAMBERS ORDER SETTING HEARING by Judge Stephen V. Wilson: The Court sets a hearing, on the above-entitled matter, for Tuesday, November 8, 2011 at 10:00 a.m. The Defendant is ordered to produce Adrienne Rolla, and the IT person (or people) who is/are directly responsible for the Defendants overall IT system, as well as server backups. (pc)
October 31, 2011 Filing 251 DISCLOSURE of Information About ASI's Backup System In Response To Court's Request filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc. (Thurston, Adam)
October 27, 2011 Filing 256 AMENDED MINUTES OF Court Trial (3rd day) held and Coninued before Judge Stephen V. Wilson: Witnesses called, sworn and testified. Clerk reviewed admitted exhibits with counsel to be submitted to the Jury/Court for deliberation/findings. Counsel stipulate to the return of exhibits upon the conclusion of trial. Exhibit Release Form prepared and filed. The Court will contact parties in next 1-2 weeks. ASI withdraws its opposition to Bobrick's 6th motion in limine (Doc #206 ). Motion under submission. Court Reporter: Deborah Gackle. (jp)
October 27, 2011 Filing 255 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). (jp)
October 27, 2011 Filing 254 MINUTES OF Court Trial (3rd day) held and Coninued before Judge Stephen V. Wilson: Witnesses called, sworn and testified. Clerk reviewed admitted exhibits with counsel to be submitted to the Jury/Court for deliberation/findings. Counsel stipulate to the return of exhibits upon the conclusion of trial. Exhibit Release Form prepared and filed. The Court will contact parties in next 1-2 weeks. Case continued to The Court makes rulings on the record. Defendant withdraws its opposition to Plaintiff's Second Motion In Limine to Exclude Kenneth B. Germain #173 . Motion under submission. Court Reporter: Deborah Gackle. (jp)
October 26, 2011 Filing 252 MINUTES OF Court Trial (2nd day )held before Judge Stephen V. Wilson: Witnesses called, sworn and testified. Exhibits identified and admitted. Closing arguments made by plaintiff(s) defendant on Functionality. Trial continued to 10/27/2011 09:00 AM before Judge Stephen V. Wilson. The Court makes rulings on the record. Order to issue. Court Reporter: Deborah Gackle. (pj)
October 26, 2011 Filing 247 NOTICE Of Submission Re Electronic Evidence Preservation and Production filed by Plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit Exhibit A to Notice of Submission, #2 Exhibit Exhibit B to Notice of Submission, #3 Exhibit Exhibit C to Notice of Submission, #4 Exhibit Exhibit D to Notice of Submission, #5 Exhibit Exhibit E to Notice of Submission)(Morales Fabila, Esteban)
October 25, 2011 Filing 250 Proposed Findings of Facts and Conclusions of Law for rule 52(b) motion on functionality and Genericness filed by Defendant American Specialties, Inc. re: MOTION for Judgment on Partial Findings, pursuant to FRCP 52c #249 (pj)
October 25, 2011 Filing 249 MOTION for Judgment on Partial Findings pursuant to FRCP 52c filed by Defendant and Counterclaimant American Specialties, Inc.. (pj)
October 25, 2011 Filing 246 MINUTES OF COURT TRIAL (1st Day) held before Judge Stephen V. Wilson: Witnesses called, sworn and testified. Exhibits identified and admitted. Closing arguments made b on functionality plaintiff defendant. Bench Trial continued to 10/26/2011 09:00 AM before Judge Stephen V. Wilson. Plaintiff's Exhibit #8 is marked as Court's Exhibit 1 to this proceeding. Court Reporter: Deborah Gackle. (pj)
October 24, 2011 Filing 244 NOTICE OF LODGING filed Notice of Lodging of Deposition Transcripts re Order #47 (Mackey, Ryan)
October 24, 2011 Filing 243 Joint PRETRIAL STIPULATION regarding Exhibits Joint Stipulation Re: Objections as to Foundation and Authenticy. (Abel, David)
October 24, 2011 Filing 242 Joint Trial Exhibit List filed by plaintiff Bobrick Washroom Equipment, Inc... (Abel, David)
October 24, 2011 Filing 241 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibit List #235 , Exhibit List #236 . The following error(s) was found: Incorrect event selected. The correct event is: (1) Manuel Filing(G-92) under NOTICES and (2)Notice of Lodging under NOTICES. 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. (pj)
October 24, 2011 Filing 240 Notice of Manual Filing Original Deposition Transcripts Exhibit List filed by plaintiff Bobrick Washroom Equipment, Inc... (Abel, David)
October 24, 2011 Filing 239 Notice of Lodging Original Deposition Transcripts Exhibit List filed by plaintiff Bobrick Washroom Equipment, Inc... (Attachments: #1 Exhibit A-C)(Abel, David)
October 21, 2011 Filing 238 NOTICE OF MOTION AND MOTION to Quash Subpoena (Trial Subpoena) of Cyrus Boatwalla filed by Defendant American Specialties, Inc.. (Thurston, Adam)
October 21, 2011 Filing 237 NOTICE OF MOTION AND MOTION to Quash Subpoena (Trial Subpoena) of Howard Harper filed by Defendant American Specialties, Inc.. (Thurston, Adam)
October 21, 2011 Filing 236 Notice of Manual Filing of Non-Paper Physical Exhibits Exhibit List filed by plaintiff Bobrick Washroom Equipment, Inc... (Abel, David)
October 21, 2011 Filing 235 Notice of Lodging of Non-Paper Physical Exhibits Exhibit List filed by plaintiff Bobrick Washroom Equipment, Inc... (Abel, David)
October 20, 2011 Opinion or Order Filing 245 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Stephen V. Wilson re Declaration of William L. Bartow In Support of Sixth Motion In Limine. The document is to be filed and processed. The filing date is ordered to be the date the document was stamped "received by not filed" with the clerk. (rne)
October 19, 2011 Opinion or Order Filing 230 IN CHAMBERS ORDER CONTINUING COURT TRIAL by Judge Stephen V. Wilson: The court, on its own motion, continues the court trial, in the above-entitled action, to Tuesday, October 25, 2011 at 10:00 a.m. (pc)
October 19, 2011 Filing 229 NOTICE OF ERRATA filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. correcting Memorandum of Contentions of Fact and Law #154 , Memorandum of Contentions of Fact and Law #162 (Attachments: #1 Exhibit A - Corrected Plaintiff Bobrick's Proposed Findings of Fact)(Abel, David)
October 19, 2011 Filing 228 TRIAL BRIEF Supplemental Trial Brief Re: Product Configuration Trade Dress filed by Defendant American Specialties, Inc... (Thurston, Adam)
October 18, 2011 Filing 227 OPPOSITION to ASI's Applications For Orders Allowing ASI to File the Kinrich Witness Statement and a Declaration in Support of Motions In Limine Under Seal filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit 1 and 2)(Abel, David)
October 17, 2011 Filing 248 SEALED DOCUMENT- Declaration of William L. Bartow in Support of Sixth Motion in Limine for an Order (1) Requiring Defendant to Preserve and Produce Evidence; and (2) for Spoliation Sanctions.(mat)
October 17, 2011 Filing 232 APPLICATION for order granting it permission to file the witness statement of Jeffrey Kinrich UNDER SEAL filed by Defendant and Counterclaimant American Specialties, Inc.. Lodged Order. (pj)
October 17, 2011 Filing 226 OPPOSITION to MOTION IN LIMINE (1) Requesting Defendant to Preserve and Produce Evidence; and (2) for Spoliation Sanctions MOTION IN LIMINE (1) Requesting Defendant to Preserve and Produce Evidence; and (2) for Spoliation Sanctions #206 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Attachments: #1 Declaration of Adrienne Rolla, #2 Declaration of Richard Severe, #3 Declaration of Henry Shields, #4 Exhibit A through D to Declaration of Henry Shields, #5 Exhibit E through P to Declaration of Henry Shields)(Thurston, Adam)
October 17, 2011 Filing 225 OPPOSITION to Fifth MOTION IN LIMINE (5) to Exclude Defendant's Expert Dr. Steven R. Schmid, Evidentiary Objections to Schmid Witness StatementsFifth MOTION IN LIMINE (5) to Exclude Defendant's Expert Dr. Steven R. Schmid, Evidentiary Objections to Schmid Witness Statements #191 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Thurston, Adam)
October 17, 2011 Filing 224 OPPOSITION to Fourth MOTION IN LIMINE (4) to Exclude Defendant's Expert Jeffrey H. KinrichFourth MOTION IN LIMINE (4) to Exclude Defendant's Expert Jeffrey H. Kinrich #182 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Thurston, Adam)
October 17, 2011 Filing 223 OPPOSITION to Third MOTION IN LIMINE (3) to Exclude Defendant's Expert Michael B. Mazis and Evidentiary Objections to the Mazis Witness StatementThird MOTION IN LIMINE (3) to Exclude Defendant's Expert Michael B. Mazis and Evidentiary Objections to the Mazis Witness Statement #184 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Thurston, Adam)
October 17, 2011 Filing 222 OPPOSITION to Second MOTION IN LIMINE (2) to Exclude Defendant's Expert Kenneth B. Germain, Esq.Second MOTION IN LIMINE (2) to Exclude Defendant's Expert Kenneth B. Germain, Esq. #173 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Thurston, Adam)
October 17, 2011 Filing 221 OPPOSITION to First MOTION IN LIMINE (1) to Exclude Defendant's Expert Lawrence J. GoffneyFirst MOTION IN LIMINE (1) to Exclude Defendant's Expert Lawrence J. Goffney #172 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Thurston, Adam)
October 17, 2011 Filing 220 WITNESS TESTIMONY SUMMARIES filed by Defendant American Specialties, Inc.. (Thurston, Adam)
October 17, 2011 Filing 219 OPPOSITION to Second MOTION IN LIMINE (#2) to Exclude Plaintiff's Expert Cooper Woodring #194 filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration William L. Bartow, #2 Exhibit A-C, #3 Exhibit D-E)(Abel, David)
October 17, 2011 Filing 218 OPPOSITION to Third MOTION IN LIMINE to Exclude Plaintiff's Expert Robert Frank #195 filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration William L. Bartow, #2 Exhibit A Part 1, #3 Exhibit A Part 2, #4 Exhibit A Part 3, #5 Exhibit B)(Abel, David)
October 17, 2011 Filing 217 OPPOSITION to Fourth MOTION IN LIMINE (#4) to Exclude Plaintiff's Expert Krista Holt #196 filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration William L. Bartow, #2 Exhibit A-H)(Abel, David)
October 17, 2011 Filing 216 OPPOSITION to Fifth MOTION IN LIMINE (#5) to Exclude Testimony of Dikran Babikian and John GlazeFifth MOTION IN LIMINE (#5) to Exclude Testimony of Dikran Babikian and John Glaze #197 filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration William L. Bartow, #2 Exhibit A-F)(Abel, David)
October 17, 2011 Filing 215 OPPOSITION to First MOTION IN LIMINE (#1) to Exclude Plaintiff's Expert Sandra Cogan #193 filed by Plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proof of Service)(Gambino, Darius)
October 17, 2011 Filing 214 NOTICE of Manual Filing filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc. of Witness Statement of Jeffrey H. Kinrich. (Shields, Henry)
October 17, 2011 Filing 213 TRIAL BRIEF on Issues Other Than Functionality filed by plaintiff Bobrick Washroom Equipment, Inc... (Attachments: #1 Proof of Service)(Gambino, Darius)
October 17, 2011 Filing 212 Rebuttal Trial Deposition Designations WITNESS TESTIMONY SUMMARIES filed by plaintiff Bobrick Washroom Equipment, Inc.. (Abel, David)
October 17, 2011 Filing 211 TRIAL BRIEF on Functionality filed by plaintiff Bobrick Washroom Equipment, Inc... (Attachments: #1 Proof of Service)(Gambino, Darius)
October 17, 2011 Filing 210 Bobrick's Evidentiary Objections to ASI's Supplemental MEMORANDUM of CONTENTIONS of FACT and LAW filed by plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proof of Service)(Gambino, Darius)
October 14, 2011 Filing 231 APPLICATION to Order Granting it permission to file documents UNDER SEAL in connection with motions in limine filed by Defendant and Counterclaimant American Specialties, Inc.. Lodged Order. (pj)
October 14, 2011 Filing 209 Objection to (167) MEMORANDUM of CONTENTIONS of FACT and LAW filed by plaintiff Bobrick Washroom Equipment, Inc.. (Abel, David)
October 14, 2011 Filing 208 Objections to MEMORANDUM of CONTENTIONS of FACT and LAW filed by plaintiff Bobrick Washroom Equipment, Inc.. (Abel, David)
October 14, 2011 Filing 207 WITNESS TESTIMONY SUMMARIES filed by plaintiff Bobrick Washroom Equipment, Inc.. (Abel, David)
October 14, 2011 Filing 206 NOTICE OF MOTION AND MOTION IN LIMINE (1) Requesting Defendant to Preserve and Produce Evidence; and (2) for Spoliation Sanctions filed by Plaintiff Bobrick Washroom Equipment, Inc.. Motion set for hearing on 10/20/2011 at 10:00 AM before Judge Stephen V. Wilson. (Attachments: #1 Exhibit 1, #2 Exh A to Exh H Part 1, #3 Exh A to Exh H Part 2, #4 Exh A to Exh H Part 3, #5 Exh A to Exh H Part 4, #6 Proposed Order)(Briones, Joshua)
October 14, 2011 Filing 205 OBJECTIONS to Witness Testimony Summaries #144 Trial Declaration of Cooper C. Woodring filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Thurston, Adam)
October 14, 2011 Filing 204 OBJECTIONS to Witness Testimony Summaries #146 Trial Declaration of Dr. Sandra R. Cogan filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Thurston, Adam)
October 14, 2011 Filing 203 OBJECTIONS to Witness Testimony Summaries #147 Trial Declaration of Krista F. Holt filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Thurston, Adam)
October 14, 2011 Filing 202 OBJECTIONS to Witness Testimony Summaries #145 Trial Declaration of Dr. Robert M. Frank filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Thurston, Adam)
October 14, 2011 Filing 201 OBJECTIONS to Witness Testimony Summaries #148 Trial Declaration of Mark Louchheim filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Thurston, Adam)
October 14, 2011 Filing 200 OBJECTIONS to Witness Testimony Summaries #150 Trial Declaration of Alan Gettelman filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Thurston, Adam)
October 14, 2011 Filing 199 OBJECTIONS to Witness Testimony Summaries #151 Trial Declaration of Dikran Babikian filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Thurston, Adam)
October 14, 2011 Filing 198 WITNESS TESTIMONY SUMMARIES filed by Defendant American Specialties, Inc.. (Thurston, Adam)
October 14, 2011 Filing 197 NOTICE OF MOTION AND Fifth MOTION IN LIMINE (#5) to Exclude Testimony of Dikran Babikian and John Glaze filed by Defendant American Specialties, Inc.. Motion set for hearing on 10/20/2011 at 09:00 AM before Judge Stephen V. Wilson.(Thurston, Adam)
October 14, 2011 Filing 196 NOTICE OF MOTION AND Fourth MOTION IN LIMINE (#4) to Exclude Plaintiff's Expert Krista Holt filed by Defendant American Specialties, Inc.. Motion set for hearing on 10/20/2011 at 09:00 AM before Judge Stephen V. Wilson.(Thurston, Adam)
October 14, 2011 Filing 195 NOTICE OF MOTION AND Third MOTION IN LIMINE to Exclude Plaintiff's Expert Robert Frank filed by Defendant American Specialties, Inc.. Motion set for hearing on 10/20/2011 at 09:00 AM before Judge Stephen V. Wilson.(Thurston, Adam)
October 14, 2011 Filing 194 NOTICE OF MOTION AND Second MOTION IN LIMINE (#2) to Exclude Plaintiff's Expert Cooper Woodring filed by Defendant American Specialties, Inc.. Motion set for hearing on 10/20/2011 at 09:00 AM before Judge Stephen V. Wilson.(Thurston, Adam)
October 14, 2011 Filing 193 NOTICE OF MOTION AND First MOTION IN LIMINE (#1) to Exclude Plaintiff's Expert Sandra Cogan filed by Defendant American Specialties, Inc.. Motion set for hearing on 10/20/2011 at 09:00 AM before Judge Stephen V. Wilson.(Thurston, Adam)
October 14, 2011 Filing 191 NOTICE OF MOTION AND Fifth MOTION IN LIMINE (5) to Exclude Defendant's Expert Dr. Steven R. Schmid, Evidentiary Objections to Schmid Witness Statements filed by plaintiff Bobrick Washroom Equipment, Inc.. Motion set for hearing on 10/20/2011 at 09:00 AM before Judge Stephen V. Wilson. (Attachments: #1 Declaration Patrick Castaneda, #2 Exhibit A-C, #3 Proposed Order)(Abel, David)
October 14, 2011 Filing 189 NOTICE OF MOTION AND MOTION for Hearing Motions In Limine, re First MOTION IN LIMINE (1) to Exclude Defendant's Expert Lawrence J. GoffneyFirst MOTION IN LIMINE (1) to Exclude Defendant's Expert Lawrence J. Goffney #172 , Second MOTION IN LIMINE (2) to Exclude Defendant's Expert Kenneth B. Germain, Esq.Second MOTION IN LIMINE (2) to Exclude Defendant's Expert Kenneth B. Germain, Esq. #173 , NOTICE OF ERRATA RE PLAINTIFF'S FIRST AND SECOND MOTIONS IN LIMINE filed by Plaintiff Bobrick Washroom Equipment, Inc.. Motion set for hearing on 10/20/2011 at 09:00 AM before Judge Stephen V. Wilson. (Abel, David)
October 14, 2011 Filing 188 NOTICE of Manual Filing filed by Plaintiff Bobrick Washroom Equipment, Inc.. (Benson, Robert)(Bartow, William) (Briones, Joshua)
October 14, 2011 Filing 187 OBJECTIONS to Witness Testimony Summaries #159 Bobrick's Evidentiary Objections to the Witness Statement of Christoph Hoffmann filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Abel, David)
October 14, 2011 Filing 186 OBJECTIONS to Witness Testimony Summaries #174 Bobrick's Evidentiary Objections to the Supplemental Witness Statement of Peter M. Rolla filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Abel, David)
October 14, 2011 Filing 185 OBJECTIONS to Witness Testimony Summaries #176 Bobrick's Evidentiary Objections to the Supplemental Adverse Witness Statement of Dikran Babikian filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Abel, David)
October 14, 2011 Filing 184 NOTICE OF MOTION AND Third MOTION IN LIMINE (3) to Exclude Defendant's Expert Michael B. Mazis and Evidentiary Objections to the Mazis Witness Statement filed by plaintiff Bobrick Washroom Equipment, Inc.. Motion set for hearing on 10/20/2011 at 09:00 AM before Judge Stephen V. Wilson. (Attachments: #1 Supplement Notice of Other Authorities, #2 Exhibit A-C, #3 Declaration Patrick Castaneda, #4 Exhibit A-G, #5 Proposed Order)(Abel, David)
October 14, 2011 Filing 183 NOTICE of Manual Filing filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc. of Declaration of Henry Shields, Jr. In Support Of Defendant's Motions In Limine. (Shields, Henry)
October 14, 2011 Filing 182 NOTICE OF MOTION AND Fourth MOTION IN LIMINE (4) to Exclude Defendant's Expert Jeffrey H. Kinrich filed by plaintiff Bobrick Washroom Equipment, Inc.. Motion set for hearing on 10/20/2011 at 09:00 AM before Judge Stephen V. Wilson. (Attachments: #1 Supplement, #2 Exhibit A-B, #3 Declaration, #4 Exhibit A-B, #5 Exhibit C, #6 Exhibit D-E, #7 Proposed Order)(Abel, David)
October 14, 2011 Filing 181 WITNESS TESTIMONY SUMMARIES filed by plaintiff Bobrick Washroom Equipment, Inc.. (Abel, David)
October 14, 2011 Filing 180 OBJECTIONS to Witness Testimony Summaries #156 Bobrick's Evidentiary Objections to the Witness Statement of Peter M. Rolla filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Abel, David)
October 14, 2011 Filing 179 OBJECTIONS to Witness Testimony Summaries #161 Bobrick's Evidentiary Objections to the Adverse Witness Statement of Dikran Babikian filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Abel, David)
October 14, 2011 Filing 178 OBJECTIONS to Witness Testimony Summaries #160 Bobrick's Evidentiary Objections to the Adverse Witness Statement of Alan Gettelman filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Abel, David)
October 13, 2011 Filing 177 PROPOSED MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant American Specialties, Inc.. (Thurston, Adam)
October 13, 2011 Filing 176 WITNESS TESTIMONY SUMMARIES filed by Defendant American Specialties, Inc.. (Thurston, Adam)
October 13, 2011 Filing 175 WITNESS TESTIMONY SUMMARIES filed by Defendant American Specialties, Inc.. (Thurston, Adam)
October 13, 2011 Filing 174 WITNESS TESTIMONY SUMMARIES filed by Defendant American Specialties, Inc.. (Thurston, Adam)
October 13, 2011 Filing 173 NOTICE OF MOTION AND Second MOTION IN LIMINE (2) to Exclude Defendant's Expert Kenneth B. Germain, Esq. filed by plaintiff Bobrick Washroom Equipment, Inc.. Motion set for hearing on 10/18/2011 at 09:00 AM before Judge Stephen V. Wilson. (Attachments: #1 Supplement Other Authorities, #2 Exhibit A-C, #3 Declaration Patrick Castaneda, #4 Exhibit A Part 1, #5 Exhibit A Part 2, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D-E, #9 Proposed Order)(Abel, David)
October 13, 2011 Filing 172 NOTICE OF MOTION AND First MOTION IN LIMINE (1) to Exclude Defendant's Expert Lawrence J. Goffney filed by plaintiff Bobrick Washroom Equipment, Inc.. Motion set for hearing on 10/18/2011 at 09:00 AM before Judge Stephen V. Wilson. (Attachments: #1 Declaration Patrick Castaneda, #2 Exhibit A-D, #3 Exhibit E-I, #4 Exhibit J-K, #5 Proposed Order)(Abel, David)
October 13, 2011 Opinion or Order Filing 171 IN CHAMBERS ORDER CONTINUING TRIAL by Judge Stephen V. Wilson: The Court, on its own motion, continues the court trial from October 18, 2011 to October 20, 2011 at 9:00 a.m. (pc)
October 12, 2011 Filing 234 SEALED DOCUMENT- WITNESS STATEMENT of Jeffrey H. Kinrich. (mat)
October 12, 2011 Opinion or Order Filing 233 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Stephen V. Wilson ORDERING Witness Statement of Jeffrey H Kincrich submitted by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc. received on 10/11/2011 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (mat)
October 12, 2011 Opinion or Order Filing 192 NOTICE OF DISCREPANCY AND ORDER: by Judge Stephen V. Wilson, ORDERING Application and Order to file Witness Statement Under seal submitted by Defendant American Specialties, Inc. received on 10/12/2011 is not to be filed but instead rejected. Denial based on: lacking form G-92 and document to file under seal. (Attachments: #1 rejected documents, #2 reject document) (pj)
October 11, 2011 Filing 170 TRIAL BRIEF on Issues Other Than Functionality filed by Defendant American Specialties, Inc... (Thurston, Adam)
October 11, 2011 Filing 169 TRIAL BRIEF on Functionality filed by Defendant American Specialties, Inc... (Thurston, Adam)
October 11, 2011 Filing 168 PROPOSED MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant American Specialties, Inc.. (Thurston, Adam)
October 11, 2011 Filing 167 PROPOSED MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant American Specialties, Inc.. (Thurston, Adam)
October 11, 2011 Filing 166 Exhibit List filed by Defendant and Crossclaimant American Specialties, Inc... (Shields, Henry)
October 11, 2011 Filing 165 Witness List filed by Defendant and Crossclaimant American Specialties, Inc... (Shields, Henry)
October 11, 2011 Filing 164 WITNESS TESTIMONY SUMMARIES filed by Defendant and Crossclaimant American Specialties, Inc.. (Shields, Henry)
October 11, 2011 Filing 163 PRELIMINARY Exhibit List filed by plaintiff Bobrick Washroom Equipment, Inc... (Attachments: #1 Proof of Service)(Gambino, Darius)
October 11, 2011 Filing 162 Proposed MEMORANDUM of CONTENTIONS of FACT and LAW filed by plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proof of Service)(Gambino, Darius)
October 11, 2011 Filing 161 WITNESS TESTIMONY SUMMARIES filed by Defendant and Crossclaimant American Specialties, Inc.. (Shields, Henry)
October 11, 2011 Filing 160 WITNESS TESTIMONY SUMMARIES filed by Defendant and Crossclaimant American Specialties, Inc.. (Shields, Henry)
October 11, 2011 Filing 159 WITNESS TESTIMONY SUMMARIES filed by Defendant and Crossclaimant American Specialties, Inc.. (Shields, Henry)
October 11, 2011 Filing 158 WITNESS TESTIMONY SUMMARIES filed by Defendant and Crossclaimant American Specialties, Inc.. (Shields, Henry)
October 11, 2011 Filing 157 WITNESS TESTIMONY SUMMARIES filed by Defendant and Crossclaimant American Specialties, Inc.. (Shields, Henry)
October 11, 2011 Filing 156 WITNESS TESTIMONY SUMMARIES filed by Defendant and Counterclaimant American Specialties, Inc.. (Shields, Henry)
October 11, 2011 Filing 155 WITNESS TESTIMONY SUMMARIES filed by Defendant and Counterclaimant American Specialties, Inc.. (Shields, Henry)
October 11, 2011 Filing 154 PROPOSED MEMORANDUM of CONTENTIONS of FACT and LAW filed by plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proof of Service)(Gambino, Darius)
October 11, 2011 Filing 153 Witness List filed by plaintiff Bobrick Washroom Equipment, Inc... (Attachments: #1 Proof of Service)(Gambino, Darius)
October 11, 2011 Filing 152 NOTICE of Manual Filing filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc. of Witness Statement of Jeffrey H. Kinrich. (Thurston, Adam)
October 11, 2011 Filing 151 WITNESS TESTIMONY SUMMARIES filed by plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proof of Service)(Gambino, Darius)
October 11, 2011 Filing 150 WITNESS TESTIMONY SUMMARIES filed by plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proof of Service)(Gambino, Darius)
October 11, 2011 Filing 149 APPLICATION for Order for Granting it permission to File the Witness Statement of Jeffrey Kinrich Under Seal filed by Defendant American Specialties, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Thurston, Adam)
October 11, 2011 Filing 148 WITNESS TESTIMONY SUMMARIES filed by plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proof of Service)(Gambino, Darius)
October 11, 2011 Filing 147 WITNESS TESTIMONY SUMMARIES filed by plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proof of Service)(Gambino, Darius)
October 11, 2011 Filing 146 WITNESS TESTIMONY SUMMARIES filed by plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proof of Service)(Gambino, Darius)
October 11, 2011 Filing 145 WITNESS TESTIMONY SUMMARIES filed by plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proof of Service)(Gambino, Darius)
October 11, 2011 Filing 144 WITNESS TESTIMONY SUMMARIES filed by plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proof of Service)(Gambino, Darius)
October 10, 2011 Filing 143 NOTICE of Change of Attorney Information for attorney David B Abel counsel for Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. Changing address to 2000 Avenue of the Stars, North Tower, Suite 400, Los Angeles, CA 90067-4704. Filed by plaintiff Bobrick Washroom Equipment, Inc. (Abel, David)
October 6, 2011 Opinion or Order Filing 190 ORDER by Judge Stephen V. Wilson: granting #140 Application to Appear Pro Hac Vice by Attorney Jeffrey T. Baravetto on behalf of Defendant American Specialties, Inc., designating Henry Shields, Jr. as local counsel. (lt)
October 5, 2011 Opinion or Order Filing 142 MINUTES (IN CHAMBERS): ORDER by Judge Stephen V. Wilson: DENYING #98 Defendant's Motion for Summary Judgment. All relevant issuesremain open for adjudication at trial, including functionality, secondary meaning, and likelihood ofconfusion. At trial, the Court directs the parties to present evidence regarding the functionality ofPlaintiff's claimed trademark and trade dress first, as a finding with respect to functionality (and thusvalidity) may circumscribe the need for additional evidence.The parties are further directed to comply with the Court's standard Civil Trial PreparationOrder's instructions for Court Trials, (see Dkt. 47), as modified by the Court's recently-issued orderregarding scheduling, (Dkt. 141). (pj)
October 3, 2011 Filing 141 MINUTES OF #98 MOTION for Summary Judgment as to Plaintiff Bobrick WashroomEquipment, Inc.'s First, Second, Third, Fourth, and Fifth Claims forRelief filed by Defendant and Counterclaimant American Specialties,Inc. #111 MOTION Pursuant to Rule 56(d) filed by plaintiff Bobrick WashroomEquipment, Inc held before Judge Stephen V. Wilson:The Court heard oral argument on Defendant's Motion For Summary Judgment. (Dkt. 98). Order to issue. The Court ORDERS that Defendant's First Amended Counterclaim for False Patent Marking, (see Dkt. 52), is hereby bifurcated. Accordingly, Plaintiff's Motion to Dismiss Defendant'sCounterclaim for False Patent Marking, (Dkt. 126), will not be heard before trial, and Plaintiff's ExParte Application for Hearing on Shortened Notice, (Dkt. 138), is dismissed as moot.With respect to the parties' proposed pretrial schedules, (see Dkt. 139), the Court adoptsPlaintiff's proposal, with the addition of the following item:Oct. 12, 2011 - Both parties may file optional supplemental witness statements, findings of fact,and conclusions of law. Any such submission should be concise.Court Reporter: Deborah Gackle. (pj)
September 30, 2011 Filing 139 Joint REQUEST for Hearing Trial Scheduling Conference filed by Defendants American Specialties, Inc.. (Shields, Henry)
September 29, 2011 Filing 140 APPLICATION for attorney Jeffrey T. Baravetto to Appear Pro Hac Vice. (PHV FEE PAID.) filed by Defendant American Specialties, Inc.. Lodged Order. (pj)
September 29, 2011 Filing 138 EX PARTE APPLICATION for Hearing To Submit and Hear the Motion to Dismiss the False Marking Counterclaim on Shortened Notice, re MOTION to Dismiss Defendant American Specialties' Counterclaim For False Marking #126 , filed by plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proposed Order)(Abel, David)
September 29, 2011 Filing 137 RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies: The motion is stricken. Counsel may file an ex parte application to hear the motion in shortened time RE: MOTION to Dismiss #126 . (ir)
September 29, 2011 Filing 136 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss #126 . The following error was found: Hearing information is missing, incorrect, or not timely. 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. (ir)
September 29, 2011 Filing 135 NOTICE of Authority Supporting Pending Motion to Dismiss filed by plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit A)(Abel, David)
September 28, 2011 Filing 134 NOTICE of Errata Including Exhibit 5 to Plaintiff's Objections to Magistrate's Order Re Plaintiff's Motion to Compel filed by plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit A)(Abel, David)
September 28, 2011 Filing 133 OBJECTIONS to Order on Motion to Compel, #125 filed by Plaintiff Bobrick Washroom Equipment, Inc., Counter Defendant Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit 1-3, #2 Exhibit 4-Part 1, #3 Exhibit 4-Part 2, #4 Exhibit 4-Part 3, #5 Exhibit 4-Part 4, #6 Exhibit 4-Part 5)(Abel, David)
September 28, 2011 Filing 132 Bobrick's Evidentiary Objections to the Declaration of Dr. Steven R. Schmid In Support of ASI's Reply In Support of Summary Judgment or Alternatively Summary Adjudication in support re: MOTION for Summary Judgment as to Plaintiff Bobrick Washroom Equipment, Inc.'s First, Second, Third, Fourth, and Fifth Claims for Relief #98 filed by Plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration of Darius Gambino In Support of Bobrick's Evidentiary Objections to the Declaration of Dr. Steven R. Schmid In Support of ASI's Reply In Support of Summary Judgment or Alternatively Summary Adjudication, #2 Exhibit A, #3 Proof of Service)(Gambino, Darius)
September 26, 2011 Filing 131 ASIs Evidentiary Objections To Declaration Of Cooper Woodring In Support Of Bobricks Opposition To ASIs Motion For Summary Judgment in support re: MOTION for Summary Judgment as to Plaintiff Bobrick Washroom Equipment, Inc.'s First, Second, Third, Fourth, and Fifth Claims for Relief #98 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Thurston, Adam)
September 26, 2011 Filing 130 ASIs Evidentiary Objections To Declaration Of Alan Gettelman In Support Of Bobricks Opposition To ASIs Motion For Summary Judgment in support re: MOTION for Summary Judgment as to Plaintiff Bobrick Washroom Equipment, Inc.'s First, Second, Third, Fourth, and Fifth Claims for Relief #98 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Thurston, Adam)
September 26, 2011 Filing 129 RESPONSE IN SUPPORT of MOTION for Summary Judgment as to Plaintiff Bobrick Washroom Equipment, Inc.'s First, Second, Third, Fourth, and Fifth Claims for Relief #98 Replies To Bobricks Responses To ASIs Statement Of Uncontroverted Facts And Conclusions Of Law filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Thurston, Adam)
September 26, 2011 Filing 128 REPLY support MOTION for Summary Judgment as to Plaintiff Bobrick Washroom Equipment, Inc.'s First, Second, Third, Fourth, and Fifth Claims for Relief #98 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Attachments: #1 Declaration of Adam Thurston in Support of Reply, #2 Declaration Dr. Steven Schmid in Support of Reply)(Thurston, Adam)
September 23, 2011 Filing 127 NOTICE of Errata to Correct Typographical Error filed by plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proposed Order)(Gambino, Darius)
September 23, 2011 Filing 126 NOTICE OF MOTION AND MOTION to Dismiss Defendant American Specialties' Counterclaim For False Marking filed by plaintiff Bobrick Washroom Equipment, Inc.. Motion set for hearing on 10/18/2011 at 09:00 AM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Darius Gambino In Support of Motion to Dismiss, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order, #7 Proof of Service)(Gambino, Darius) **STRICKEN PURSUANT TO RESPONSE BY THE COURT FILED 9/29/11**Modified on 9/29/2011 (ir).
September 23, 2011 Opinion or Order Filing 125 ORDER by Magistrate Judge Paul L. Abrams RE: PLAINTIFF'S MOTION #117 TO COMPEL PRODUCTION OF DOCUMENTS (REQUEST FOR DOCUMENTS NO. 90) The hearing scheduled for September 27, 2011, is ORDERED OFF CALENDAR. Plaintiff's Motion is DENIED. **See Order for details.** (ch)
September 19, 2011 Filing 124 OPPOSITION to MOTION for Summary Judgment as to Plaintiff Bobrick Washroom Equipment, Inc.'s First, Second, Third, Fourth, and Fifth Claims for Relief #98 filed by Plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Plaintiff's Statement of Genuine Disputes and Objections to ASI's Statement of Uncontroverted Facts, #2 Declaration of D. Gambino In Support of Opposition to MSJ, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H - Part 1, #11 Exhibit H - Part 2, #12 Exhibit H - Part 3, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K, #16 Exhibit L, #17 Declaration of C. Woodring In Support of Opposition to MSJ, #18 Exhibit A, #19 Exhibit B, #20 Exhibit C, #21 Declaration of A. Gettelman In Support of Opposition to MSJ, #22 Proof of Service)(Gambino, Darius)
September 19, 2011 Filing 123 NOTICE of Manual Filing filed by Plaintiff Bobrick Washroom Equipment, Inc. of Declaration of William Bartow In Support of Plaintiff's Opposition To Defendant's Motion for Summary Judgment; Exhibits A-D, Application For Order To File Under Seal; and Proposed Order. (Gambino, Darius)
September 13, 2011 Filing 122 SUPPLEMENT to MOTION to Compel Response to Bobricks Requests for Production of Documents No. 90 #117 filed by Plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Affidavit, #2 Exhibit Ex. A, #3 Appendix Proof of Service)(Gambino, Darius)
September 13, 2011 Filing 121 DECLARATION of Henry Shields, Jr. in Opposition to MOTION to Compel Response to Bobricks Requests for Production of Documents No. 90 #117 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Shields, Henry)
September 13, 2011 Filing 120 OPPOSITION to MOTION to Compel Response to Bobricks Requests for Production of Documents No. 90 #117 (Supplemental Brief) filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Shields, Henry)
September 8, 2011 Opinion or Order Filing 119 ORDER DENYING DEFENDANT'S MOTION REGARDING PLAINTIFF'S ATTORNEY-CLIENT OBJECTIONS #112 by Magistrate Judge Paul L. Abrams. Defendant's Motion for an Order Regarding Plaintiff's Attorney-Client Objections, in which defendant seeks further deposition time with Mr. Louchheim for him to provide responses to questions as to which the attorney-client privilege was asserted, is DENIED. **SEE ORDER FOR DETAILS** (ch)
September 6, 2011 Filing 117 NOTICE OF MOTION AND MOTION to Compel Response to Bobricks Requests for Production of Documents No. 90 filed by plaintiff Bobrick Washroom Equipment, Inc.. Motion set for hearing on 9/27/2011 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Declaration of Darius Gambino, #2 Exhibit A, #3 Exhibit B (Part 1), #4 Exhibit B (Part 2), #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Declaration of Henry Shields, #11 Exhibit A, #12 Exhibit B, #13 Exhibit C, #14 Declaration of Peter Rolla, #15 Proposed Order, #16 Proof of Service)(Gambino, Darius)
September 1, 2011 Filing 113 Supplemental BRIEF filed by plaintiff Bobrick Washroom Equipment, Inc.. regarding Order on Motion for Order re Discovery Matter, #91 . (Attachments: #1 Declaration of D. Gambino, #2 Exhibit A, #3 Proof of Service)(Gambino, Darius)
August 31, 2011 Filing 118 SEALED DOCUMENT- Declaration of Pamela K. Graham in Support of ASI's Motion for Summary Judgment or Alternatively Summary Adjudication. (mat)
August 31, 2011 Opinion or Order Filing 116 ORDER by Judge Stephen V. Wilson: Motion pursuant to Rule 56(d) #111 is deemed moot and vacated. (kpa)
August 31, 2011 Opinion or Order Filing 115 ORDER regarding Briefing and Hearing Dates for Defendant's Motion for Summary Judgment by Judge Stephen V. Wilson: It is hereby ordered that Bobrick's Opposition to ASI's Motion for Summary Judgment will be due on 9/19/11. ASI's Reply in Support of Motion for Summary Judgment will be due on 9/26/11. Hearing date is set for 10/3/11, at 1:30 pm. Motion pursuant to Rule 56(d) is deemed moot and vacated #111 . (kpa)
August 31, 2011 Opinion or Order Filing 114 Order Granting ASI's Application for Order Granting it Permission to File Documents Under Seal in Connection with Motion for Summary Judgment or Alternatively Summary Adjudication by Judge Stephen V. Wilson #104 . (kpa)
August 29, 2011 Filing 112 NOTICE OF MOTION AND MOTION to Supplement ASI's Brief Regarding Plaintiff's Overbroad and Improper Use of Attorney-Client Privilege Objections Pursuant to Court's August 12, 2011 Order filed by Defendant and Counterclaimant American Specialties, Inc.. (Attachments: #1 Declaration of Henry Shields, Jr. in Support of ASI's Supplemental Brief Regarding Plaintiff's Overbroad and Improper Use of Attorney-Client Privilege Objections Pursuant to Court's August 12, 2011 Order, #2 Exhibit A to Declaration of Henry Shields, Jr.)(Shields, Henry)
August 29, 2011 Filing 111 NOTICE OF MOTION AND MOTION to Continue Pursuant to Rule 56(d) from August 29, 2011 to October 2, 2011 Re: Notice of Motion, #99 , MOTION for Summary Judgment as to Plaintiff Bobrick Washroom Equipment, Inc.'s First, Second, Third, Fourth, and Fifth Claims for Relief #98 filed by plaintiff Bobrick Washroom Equipment, Inc.. Motion set for hearing on 9/19/2011 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Darius Gambino, #2 Exhibit A, #3 Proposed Order, #4 Proof of Service)(Gambino, Darius)
August 25, 2011 Filing 110 DECLARATION of Henry Shields, Jr. Disclaiming Joint Stipulation re Stipulation for Hearing #109 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Shields, Henry)
August 25, 2011 Filing 109 Joint STIPULATION for Hearing re Notice of Motion, #99 filed by Plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration of Darius C. Gambino, #2 Proposed Order)(Abel, David)
August 23, 2011 Filing 108 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion, #99 , MOTION for Summary Judgment as to Plaintiff Bobrick Washroom Equipment, Inc.'s First, Second, Third, Fourth, and Fifth Claims for Relief #98 . The following error(s) was found: Incorrect event utilized to file document. The correct event to use to file docket entry 98 is Memorandum in Support of Motion. The correct event to use to file docket entry 99 is Motion for Summary Judgment. Other error(s) with document: Hearing date in text of Notice of Motion and Motion does not conform to hearing date in docket text of docket entry 99. 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. (vh)
August 22, 2011 Filing 107 NOTICE OF LODGING filed [Proposed] Order re APPLICATION for Order for Granting ASI Permission To File Documents Under Seal In Connection With Motion For Summary Judgment Or Alternatively Summary Adjudication #104 (Shields, Henry)
August 22, 2011 Filing 106 Amended NOTICE of Manual Filing filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc. of Declaration Of Pamela K. Graham In Support Of ASI's Motion For Summary Judgment Or Alternatively Summary Adjudication. (Shields, Henry)
August 22, 2011 Filing 105 NOTICE OF LODGING filed [Proposed] Order re MOTION for Summary Judgment as to Plaintiff Bobrick Washroom Equipment, Inc.'s First, Second, Third, Fourth, and Fifth Claims for Relief #98 (Shields, Henry)
August 22, 2011 Filing 104 APPLICATION for Order for Granting ASI Permission To File Documents Under Seal In Connection With Motion For Summary Judgment Or Alternatively Summary Adjudication filed by Defendant and Counterclaimant American Specialties, Inc.. Application set for hearing on 9/19/2011 at 01:30 PM before Judge Stephen V. Wilson. (Shields, Henry)
August 22, 2011 Filing 103 DECLARATION of Dr. Steven R. Schmid In Support Of MOTION for Summary Judgment as to Plaintiff Bobrick Washroom Equipment, Inc.'s First, Second, Third, Fourth, and Fifth Claims for Relief #98 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Shields, Henry)
August 22, 2011 Filing 102 DECLARATION of Peter M. Rolla In Support Of MOTION for Summary Judgment as to Plaintiff Bobrick Washroom Equipment, Inc.'s First, Second, Third, Fourth, and Fifth Claims for Relief #98 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Shields, Henry)
August 22, 2011 Filing 101 DECLARATION of Henry Shields, Jr. In Support Of MOTION for Summary Judgment as to Plaintiff Bobrick Washroom Equipment, Inc.'s First, Second, Third, Fourth, and Fifth Claims for Relief #98 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Shields, Henry)
August 22, 2011 Filing 100 STATEMENT of Uncontroverted Facts And Conclusions Of Law In Support Of MOTION for Summary Judgment as to Plaintiff Bobrick Washroom Equipment, Inc.'s First, Second, Third, Fourth, and Fifth Claims for Relief #98 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Shields, Henry)
August 22, 2011 Filing 99 NOTICE OF MOTION re MOTION for Summary Judgment as to Plaintiff Bobrick Washroom Equipment, Inc.'s First, Second, Third, Fourth, and Fifth Claims for Relief #98 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. Motion set for hearing on 9/19/2011 at 01:30 PM before Judge Stephen V. Wilson. (Shields, Henry)
August 22, 2011 Filing 98 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff Bobrick Washroom Equipment, Inc.'s First, Second, Third, Fourth, and Fifth Claims for Relief filed by Defendant and Counterclaimant American Specialties, Inc.. Motion set for hearing on 9/19/2011 at 01:30 PM before Judge Stephen V. Wilson. (Shields, Henry)
August 22, 2011 Filing 97 NOTICE of Manual Filing filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc. of Declaration of Pamela K. Graham In Support of ASI's Motion For Summary Judgment Or Alternatively Summary Adjudication. (Shields, Henry)
August 19, 2011 Opinion or Order Filing 96 ORDER by Judge Stephen V. Wilson The document is stricken and ordered returned to filer. RE: Declaration (non-motion) #93 (pc)
August 19, 2011 Filing 95 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration (non-motion) #93 . The following error(s) was found: Documents submitted not in compliance with Stipulated Protective Order, pg. 4, paragraph 8., and L.R. 79-5.1: Filing Under Seal - Procedures. 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. (pc)
August 15, 2011 Filing 93 ***STRICKEN***SEALED DOCUMENT- DECLARATION of Pamela K. Graham in Support of ASI's Motion for Summary Judgment or Alternatively Summary Adjudication. (mat) Modified on 8/19/2011 (pc).
August 15, 2011 Filing 92 NOTICE of Manual Filing filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc. of Declaration of Pamela K. Graham In Support Of ASI's Motion For Summary Judgment Or Alternatively Summary Adjudication. (Shields, Henry)
August 12, 2011 Filing 94 SEALED DOCUMENT- Declaration of Pamela K. Graham in Support of ASI's Motion for an Order Regarding Plaintiff's Overbroad and Improper Use of Attorney-Client Privilege Objections. (mat) (Additional attachment(s) added on 8/17/2011: Part 2, Part 3, Part 4, Part 5, Part 6) (mat). Modified on 8/17/2011 (mat).
August 12, 2011 Opinion or Order Filing 91 ORDER DENYING WITHOUT PREJUDICE DEFENDANT'S MOTION FOR AN ORDER REGARDING PLAINTIFF'S ATTORNEY-CLIENT OBJECTIONS by Magistrate Judge Paul L. Abrams. The Court has concluded that oral argument will not be of material assistance in determining defendant's Motion. Accordingly, the hearing scheduled for August 23, 2011, is ordered off calendar (see Local Rule 7-15). Both parties requests for sanctions in connection with the Motion are denied. See order attached for details. (es)
August 12, 2011 Opinion or Order Filing 90 ORDER by Magistrate Judge Paul L. Abrams: GRANTING #76 Asi's Application For Order It Granting Permission to File Document Under Seal in Connection With Asi's Motion For An Order Regarding Plaintiff's Overbroad and Improper Use of Attorney-Client Privilege Objections (es)
August 10, 2011 Opinion or Order Filing 89 ORDER by Magistrate Judge Paul L. Abrams RE: PLAINTIFF'S MOTION TO COMPEL COMPLIANCE WITH COURT ORDER #77 . The hearing scheduled for August 23, 2011, is ORDERED OFF CALENDAR (see Local Rule 7-15). The parties' competing requests for sanctions are DENIED in their entirety. It is hereby ordered that plaintiff's Motion is GRANTED IN PART AND DENIED IN PART. **See Order for details.** (ch)
August 9, 2011 Filing 88 DECLARATION of Jeffrey H. Kinrich In Support Of MOTION to Supplement Plaintiff's Motion to Compel Defendant's Compliance with Court Order and for Sanctions re MOTION to Compel Compliance with Court Order and for Sanctions #77 MOTION to Supplement Plaintiff's Motion to Compel Defendant's Compliance with Court Order and for Sanctions re MOTION to Compel Compliance with Court Order and for Sanctions #77 #86 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Shields, Henry)
August 9, 2011 Filing 87 DECLARATION of Henry Shields, Jr. In Support Of MOTION to Supplement Plaintiff's Motion to Compel Defendant's Compliance with Court Order and for Sanctions re MOTION to Compel Compliance with Court Order and for Sanctions #77 MOTION to Supplement Plaintiff's Motion to Compel Defendant's Compliance with Court Order and for Sanctions re MOTION to Compel Compliance with Court Order and for Sanctions #77 #86 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Shields, Henry)
August 9, 2011 Filing 86 NOTICE OF MOTION AND MOTION to Supplement Plaintiff's Motion to Compel Defendant's Compliance with Court Order and for Sanctions re MOTION to Compel Compliance with Court Order and for Sanctions #77 filed by Defendant and Counterclaimant American Specialties, Inc.. Motion set for hearing on 8/23/2011 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Shields, Henry)
August 9, 2011 Filing 85 DECLARATION of Henry Shields, Jr. In Support Of MOTION to Supplement Motion for an Order Regarding Plaintiff's Overbroad and Improper Use of Attorney-Client Privilege Objections re Joint MOTION for Order for Regarding Plaintiff's Overbroad and Improper Use of Attorney-Client Privilege Obj #84 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Shields, Henry)
August 9, 2011 Filing 84 NOTICE OF MOTION AND MOTION to Supplement Motion for an Order Regarding Plaintiff's Overbroad and Improper Use of Attorney-Client Privilege Objections re Joint MOTION for Order for Regarding Plaintiff's Overbroad and Improper Use of Attorney-Client Privilege Objections #79 filed by Defendant and Counterclaimant American Specialties, Inc.. Motion set for hearing on 8/23/2011 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Shields, Henry)
August 9, 2011 Filing 83 NOTICE OF MOTION AND MOTION to Supplement Joint Stipulation re MOTION to Compel Compliance with Court Order and for Sanctions #77 filed by Plaintiff Bobrick Washroom Equipment, Inc.. Motion set for hearing on 8/23/2011 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Affidavit, #2 Exhibit Ex. A, #3 Exhibit Ex. B, #4 Exhibit Ex. C, #5 Exhibit Ex. D, #6 Exhibit Ex. E, #7 Appendix Cert. of Service)(Gambino, Darius)
August 9, 2011 Filing 82 NOTICE OF MOTION AND MOTION to Supplement Joint Stipulation re Joint MOTION for Order for Regarding Plaintiff's Overbroad and Improper Use of Attorney-Client Privilege Objections #79 filed by Plaintiff Bobrick Washroom Equipment, Inc.. Motion set for hearing on 8/23/2011 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Affidavit, #2 Exhibit Ex. A, #3 Exhibit Ex. B, #4 Appendix Cert. of Service)(Gambino, Darius)
July 29, 2011 Filing 81 DECLARATION of Henry Shields, Jr. in support of Joint MOTION for Order for Regarding Plaintiff's Overbroad and Improper Use of Attorney-Client Privilege Objections #79 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Shields, Henry)
July 29, 2011 Filing 80 DECLARATION of Darius C. Gambino in support of Joint MOTION for Order for Regarding Plaintiff's Overbroad and Improper Use of Attorney-Client Privilege Objections #79 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Shields, Henry)
July 29, 2011 Filing 79 NOTICE OF MOTION AND Joint MOTION for Order for Regarding Plaintiff's Overbroad and Improper Use of Attorney-Client Privilege Objections filed by defendant and counterclaimant American Specialties, Inc.. Motion set for hearing on 8/23/2011 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Shields, Henry)
July 28, 2011 Filing 78 NOTICE OF ERRATA filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. correcting MOTION to Compel Compliance with Court Order and for Sanctions #77 (Shields, Henry)
July 26, 2011 Filing 77 NOTICE OF MOTION AND MOTION to Compel Compliance with Court Order and for Sanctions filed by plaintiff Bobrick Washroom Equipment, Inc.. Motion set for hearing on 8/23/2011 at 10:30 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Declaration of D. Gambino, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Declaration of K. Holt, #12 Declaration of M. Louchheim, #13 Declaration of H. Shields, #14 Exhibit A, #15 Exhibit B, #16 Exhibit C, #17 Exhibit D, #18 Proposed Order, #19 Proof of Service)(Gambino, Darius)
July 19, 2011 Filing 76 APPLICATION For Order Granting It Permission to File Document Under Seal in Connection With Asi's Motion For An Order Regarding Plaintiff's Overbroad and Improper use of Attorney-Client Privilege Objections filed by defendant American Specialties, Inc.. (es)
July 19, 2011 Filing 75 NOTICE of Manual Filing filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc. of ASI'S APPLICATION FOR ORDER GRANTING IT PERMISSION TO FILE DOCUMENT UNDER SEAL IN CONNECTION WITH ASI'S MOTION FOR AN ORDER REGARDING PLAINTIFF'S OVERBROAD AND IMPROPER USE OF ATTORNEY-CLIENT PRIVILEGE OBJECTIONS; and [PROPOSED] ORDER GRANTING ASI'S APPLICATION FOR ORDER GRANTING IT PERMISSION TO FILE DOCUMENT UNDER SEAL IN CONNECTION WITH ASI'S MOTION FOR AN ORDER REGARDING PLAINTIFFS OVERBROAD AND IMPROPER USE OF ATTORNEY-CLIENT PRIVILEGE OBJECTIONS. (Shields, Henry)
July 19, 2011 Filing 74 NOTICE of Manual Filing filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc. of DECLARATION OF PAMELA K. GRAHAM IN SUPPORT OF ASI'S MOTION FOR AN ORDER REGARDING PLAINTIFF'S OVERBROAD AND IMPROPER USE OF ATTORNEY-CLIENT PRIVILEGE OBJECTIONS. (Shields, Henry)
June 24, 2011 Opinion or Order Filing 73 MINUTES (IN CHAMBERS): ORDER by Judge Stephen V. Wilson: DENYING WITHOUT PREJUDICE #63 Plaintiff Bobrick Washroom Equipment, Inc.'sMotion to Disqualify Michael B. Mazis as an Expert for Defendant #63 (pj)
June 13, 2011 Filing 72 REPLY In Support Of Motion REQUEST to Exclude Michael B. Mazis as Expert for Defendant ASI #63 filed by Plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration)(Gambino, Darius)
June 13, 2011 Opinion or Order Filing 71 ORDER by Magistrate Judge Paul L. Abrams RE: DEFENDANT'S MOTION TO AFFIRM DESIGNATION OF CONFIDENTIAL DOCUMENTS #67 . The hearing scheduled for June 21, 2011, is ordered OFF CALENDAR. Defendant's Motion is GRANTED, and the designation of the subject documents need not be lowered from "confidential -- attorney's eyes only" to "confidential." The Court DENIES plaintiff's request for monetary sanctions under Fed.R.Civ.P. 37(a)(5)(B), as defendant's Motion was not denied, and denies defendant's request for monetary sanctions under Fed.R.Civ.P. 37(a)(5)(A), as the Court finds that plaintiff's position in opposing the Motion was substantially justified, and an award of expenses would be unjust. **See Order for details.** (ch)
June 7, 2011 Filing 70 MEMORANDUM in Support of MOTION for Order for Affirming the Designation of Discovery Materials as "Confidential - Attorneys' Eyes Only" #67 Supplemental Memorandum filed by Plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gambino, Darius)
June 7, 2011 Filing 69 NOTICE OF MOTION AND MOTION to Supplement Brief in Support of Motion for an Order Affirming the Designation of Discovery Materials as "Confidential - Attorneys' Eyes Only" re MOTION for Order for Affirming the Designation of Discovery Materials as "Confidential - Attorneys' Eyes Only" #67 filed by Defendant American Specialties, Inc.. Motion set for hearing on 6/21/2011 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Shields, Henry)
June 6, 2011 Filing 68 Opposition in Opposition to re: REQUEST to Exclude Michael B. Mazis as Expert for Defendant ASI #63 filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Attachments: #1 Declaration of Michael B. Mazis, Ph.D. in Opposition to Bobrick's Motion to Disqualify Dr. Mazis as an Expert for Defendant American Specialties, Inc., #2 Declaration of Henry Shields, Jr. in Opposition to Bobrick's Motion to Disqualify Dr. Mazis as an Expert for Defendant American Specialties, Inc.)(Shields, Henry)
May 23, 2011 Filing 67 NOTICE OF MOTION AND MOTION for Order for Affirming the Designation of Discovery Materials as "Confidential - Attorneys' Eyes Only" filed by Defendant American Specialties, Inc.. Motion set for hearing on 6/21/2011 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Declaration of Pamela K. Graham in Support of Defendant's Motion for an Order Affirming the Designation of Discovery Materials as "Confidential - Attorneys' Eyes Only", #2 Declaration of William L. Bartow in Support of Joint Stipulation re: ASI's Motion for an Order Affirming the Designation of Discovery Materials as "Confidential - Attorneys' Eyes Only")(Shields, Henry)
May 18, 2011 Opinion or Order Filing 65 ORDER by Magistrate Judge Paul L. Abrams RE: PLAINTIFF'S MOTION TO COMPEL #56 .The hearing scheduled for May 24, 2011, is ordered off calendar (see Local Rule 7-15). It is hereby ordered that plaintiff's Motion is GRANTED IN PART AND DENIED IN PART, as set forth above. NO LATER THAN MAY 31, 2011, defendant shall produce all supplemental interrogatory responses and documents, as well as the ordered declarations, and shall submit payment to plaintiff in the amount of $2,000. It is further ordered that the deposition of defendant's 30(b)(6)representative shall take place on June 3, 2011. Plaintiff's Motion to Strike #62 is DENIED. **See Order for details.** (ch)
May 16, 2011 Filing 64 MEMORANDUM in Opposition to REQUEST to Strike MEMORANDUM in Opposition to Motion #61 REQUEST to Strike MEMORANDUM in Opposition to Motion #61 #62 Defendant's Opposition to Plaintiff's Motion to Strike and Objection to Consideration of Defendant's Supplemental Brief filed by Defendant American Specialties, Inc.. (Shields, Henry)
May 16, 2011 Filing 63 REQUEST to Exclude Michael B. Mazis as Expert for Defendant ASI filed by plaintiff Bobrick Washroom Equipment, Inc.. Request set for hearing on 6/27/2011 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration D. Gambino, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Proposed Order, #9 Proof of Service)(Gambino, Darius)
May 13, 2011 Filing 62 REQUEST to Strike MEMORANDUM in Opposition to Motion #61 filed by plaintiff Bobrick Washroom Equipment, Inc.. Request set for hearing on 5/24/2011 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Declaration of D. Gambino, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order, #5 Proof of Service)(Gambino, Darius)
May 12, 2011 Opinion or Order Filing 66 ORDER by Judge Stephen V. Wilson, pursuant to Stipulation #58 . It is hereby ordered that: Expert disclosures and initial reports in this matter be due no later than 9/2/11; Rebuttal expert disclosures and reports are due 9/19/11; Discovery cut-off is 10/4/11; and Trial date is set for 10/18/11 in this Courtroom at 9:00 a.m. (ir)
May 11, 2011 Filing 61 MEMORANDUM in Opposition to MOTION to Compel Production of Documents, Interrogatory Responses and Depositions and For Sanctions #56 (Supplemental Opposition) filed by Defendant American Specialties, Inc.. (Shields, Henry)
May 10, 2011 Filing 60 SUPPLEMENT to MOTION to Compel Production of Documents, Interrogatory Responses and Depositions and For Sanctions #56 filed by Plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Appendix Proof of Service)(Gambino, Darius)
May 6, 2011 Filing 59 ANSWER to Amended Counterclaim #52 filed by Plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proof of Service)(Gambino, Darius)
May 4, 2011 Filing 58 STIPULATION for New Trial on October 18, 2011 filed by Defendant and Counterclaimant American Specialties, Inc.. (Attachments: #1 Declaration of Henry Shields, Jr. in Support of Joint Stipulation Regarding Scheduling and Trial Dates, #2 Proposed Order Regarding Schedule and Trial Dates)(Shields, Henry)
May 2, 2011 Opinion or Order Filing 57 ORDER OF THE CHIEF JUDGE (#11-025) Pursuant to OCJ # 11-009, approved by Chief Judge Audrey B. Collins, this case was transferred from the calendar of Judge Stephen V. Wilson to the calendar of Judge John A. Kronstadt. An Order of self-recusal has been filed on April 28, 2011 by Judge John A. Kronstadt and this case has been returned to Judge Stephen V. Wilson. The case number will now reflect the initials of the transferee Judge CV 10-06938 SVW(PLAx). (rn)
May 2, 2011 Filing 56 NOTICE OF MOTION AND MOTION to Compel Production of Documents, Interrogatory Responses and Depositions and For Sanctions filed by Plaintiff Bobrick Washroom Equipment, Inc.. Motion set for hearing on 5/24/2011 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Declaration D. Gambino, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Declaration P. Graham, #24 Declaration H. Shields, #25 Exhibit A, #26 Exhibit B, #27 Exhibit C, #28 Exhibit D, #29 Exhibit E, #30 Exhibit F, #31 Exhibit G, #32 Exhibit H, #33 Exhibit I, #34 Proposed Order, #35 Proof of Service)(Gambino, Darius)
April 28, 2011 Opinion or Order Filing 55 ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 08-05 by Judge John A Kronstadt. Case transferred from Judge John A Kronstadt to the calendar of Judge Stephen V. Wilson for all further proceedings. Case number now reads as CV 10-06938 SVW(PLAx). (rn)
April 25, 2011 Opinion or Order Filing 54 ORDER OF THE CHIEF JUDGE (#11-009) approved by Chief Judge Audrey B. Collins. Pursuant to the recommended procedure adopted by the Court for the Creation of calendar of Judge John A. Kronstadt, this case is transferred from Judge Stephen V. Wilson to the calendar of Judge John A Kronstadt for all further proceedings. The case number will now reflect the initials of the transferee Judge CV10-6938 JAK(PLAx). (sn)
April 25, 2011 Filing 53 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for Hearing Status Conference #49 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Proposed Document was not submitted as a separate attachment. Local Rule 7-19.1 Notice to other parties of Ex Parte Application lacking. 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. (vh)
April 22, 2011 Filing 52 FIRST AMENDED COUNTERCLAIM #30 against Counter Defendant Bobrick Washroom Equipment, Inc. filed by counterclaimant American Specialties, Inc. (lom) (pj).
April 22, 2011 Filing 51 ANSWER and Affirmative Defenses in Response to Bobrick Washroom Equipment, Inc.'s First Amended Complaint filed by Defendant American Specialties, Inc..(Shields, Henry)
April 21, 2011 Filing 50 STATEMENT of Response to App. For Status Conf. APPLICATION for Hearing Status Conference #49 filed by Plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Supplement Cert. of Service)(Gambino, Darius)
April 21, 2011 Filing 49 APPLICATION for Hearing Status Conference filed by Defendant and Counterclaimant American Specialties, Inc.. Application set for hearing on 4/25/2011 at 01:30 PM before Judge Stephen V. Wilson. (Shields, Henry)
April 13, 2011 Filing 48 AMENDED DOCUMENT filed by Plaintiff Bobrick Washroom Equipment, Inc.. First Amended Complaint (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proof of Service)(Gambino, Darius)
April 7, 2011 Opinion or Order Filing 47 CIVIL TRIAL PREPARATION ORDER by Judge Stephen V. Wilson, (pj)
April 4, 2011 Filing 46 MINUTES OF New Status Conference held before Judge Stephen V. Wilson:, Set deadlines and hearings Court Trial set for 8/2/2011 09:00 AM before Judge Stephen V. Wilson. Each side shall submit declarations for direct testimony and findings of fact and conclusions oflaw. Court Reporter: N/A. (pj)
March 7, 2011 Opinion or Order Filing 45 PROTECTIVE ORDER by Magistrate Judge Paul L. Abrams re Stipulation for Protective Order #44 . **See Order for details.** (ch)
March 4, 2011 Filing 44 Joint STIPULATION for Protective Order filed by Plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order, #3 Proof of Service)(Gambino, Darius)
March 2, 2011 Opinion or Order Filing 43 ORDER by Judge Stephen V. Wilson, pursuant to Stipulation #39 . Status Conference previously scheduled for 3/7/11 at 3:00 pm shall be continued to 4/4/11 at 3:00 pm. (ir)
March 1, 2011 Opinion or Order Filing 42 MEMORANDUM AND ORDER by Magistrate Judge Paul L. Abrams RE: PARTIES' PROPOSED STIPULATED PROTECTIVE ORDER #41 . The Court has received and considered the parties' proposed Stipulated Protective Order ("Protective Order"). The Court is unable to adopt the Protective Order as stipulated to by the parties for the followings reasons: **See Order for details.** (ch)
March 1, 2011 Filing 41 Joint STIPULATION for Protective Order filed by Bobrick Washroom Equipment, Inc. Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order, #3 Proof of Service)(Gambino, Darius)
February 28, 2011 Filing 40 DECLARATION of Pamela K. Graham re Stipulation to Continue, #39 March 7, 2011 Status Conference filed by Counter Claimant American Specialties, Inc., Defendant American Specialties, Inc.. (Graham, Pamela)
February 28, 2011 Filing 39 STIPULATION to Continue Status Conference from March 7, 2011 to April 4, 2011 filed by Defendant and Counterclaimant American Specialties, Inc.. (Attachments: #1 Proposed Order Regarding Continuance of March 7, 2011 Status Conference)(Graham, Pamela)
February 3, 2011 Opinion or Order Filing 38 ORDER by Judge Stephen V. Wilson, pursuant to the Stipulation #36 . The Status Conference previously scheduled for 2/7/11 at 3:00 pm shall be continued to 3/7/2011 03:00 PM. (ir)
February 2, 2011 Filing 37 NOTICE OF LODGING filed of [Proposed] Order re Stipulation to Continue, #36 (Graham, Pamela)
February 1, 2011 Filing 36 STIPULATION to Continue Status Conference from February 11, 2011 to March 7, 2011 filed by Defendant and Counterclaimant American Specialties, Inc.. (Attachments: #1 Declaration of Pamela K. Graham in Support of Stipulation to Continue February 11, 2011 Status Conference)(Shields, Henry)
January 13, 2011 Filing 35 ANSWER to Counterclaim #30 filed by Plaintiff and Counter-Defendant Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proof of Service)(Gambino, Darius)
January 7, 2011 Filing 34 PROOF OF SERVICE Executed by Counterclaimant American Specialties, Inc., upon Counter-defendant Bobrick Washroom Equipment, Inc. served on 12/23/2010, answer due 1/13/2011. Service of the Summons and Complaint were executed upon Darius C. Gambino, Counsel for Counter-defendant in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons returned. (Attachments: #1 Exhibit Served with Summons - Conformed Counterclaims of Defendant American Specialties, Inc. (served on 12/23/10))(Shields, Henry)
January 3, 2011 Filing 33 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by American Specialties, Inc.. (Shields, Henry)
December 28, 2010 Opinion or Order Filing 32 ORDER RE STATUS CONFERENCE by Judge Stephen V. Wilson: IT IS HEREBY ORDERED that a Status Conference be set for 2/7/2011 at 03:00 PM before Judge Stephen V. Wilson. IT IS FURTHER ORDERED that counsel meet and confer prior to conference in accordance with Local Rule 26, however, counsel are not required to file any documents, such as an Early Meeting Report or the Status Conference Report. (mg)
December 23, 2010 Filing 31 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant and Counterclaimant American Specialties, Inc., identifying Corporate Parent ITR Industries, Inc. for American Specialties, Inc. (gk) (pj).
December 23, 2010 Filing 30 COUNTERCLAIMS against Counter-Defendant Bobrick Washroom Equipment, Inc. filed by Defendant and Counterclaimant American Specialties, Inc. (gk) (Additional attachment(s) added on 12/28/2010: #1 Summons on counterclaim) (pj).
December 23, 2010 21-Day Summons Issued re Counterclaims #30 as to Counter-Defendant Bobrick Washroom Equipment, Inc. (gk)
December 22, 2010 Filing 29 ANSWER to Complaint - (Discovery), Complaint - (Discovery) #1 filed by Defendant American Specialties, Inc..(Shields, Henry)
December 15, 2010 Opinion or Order Filing 28 ORDER DENYING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT #18 by Judge Stephen V. Wilson: denying #18 Motion to Dismiss. (rs)
December 6, 2010 Filing 27 MINUTES OF MOTION TO DISMISS CASE FILED BY DEFENDANT #18 hearing held before Judge Stephen V. Wilson: The court hears from counsel. The Court takes the motion under submission. Order to issue.Court Reporter: Deborah Gackle. (bp)
November 22, 2010 Filing 26 SUPPLEMENT to MOTION to Dismiss Plaintiff's Complaint for Trademark Infringement and Unfair Competition Memorandum of Points and Authorities in Support of Motion to Dismiss #18 filed by Defendant American Specialties, Inc.. (Shields, Henry)
November 22, 2010 Filing 25 DECLARATION of Henry Shields, Jr. in support of MOTION to Dismiss Plaintiff's Complaint for Trademark Infringement and Unfair Competition Memorandum of Points and Authorities in Support of Motion to Dismiss #18 filed by Defendant American Specialties, Inc.. (Shields, Henry)
November 22, 2010 Filing 24 REPLY in support of MOTION to Dismiss Plaintiff's Complaint for Trademark Infringement and Unfair Competition Memorandum of Points and Authorities in Support of Motion to Dismiss #18 filed by Defendant American Specialties, Inc.. (Shields, Henry)
November 15, 2010 Filing 23 MEMORANDUM in Opposition to MOTION to Dismiss Plaintiff's Complaint for Trademark Infringement and Unfair Competition Memorandum of Points and Authorities in Support of Motion to Dismiss #18 filed by Plaintiff Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration of Darius Gambino, #2 Proposed Order)(Gambino, Darius)
November 12, 2010 Filing 22 NOTICE of Appearance filed by attorney Jordan B Kushner on behalf of Plaintiff Bobrick Washroom Equipment, Inc. (Kushner, Jordan)
November 9, 2010 Opinion or Order Filing 21 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE by Judge Stephen V. Wilson: granting #20 Application to Appear Pro Hac Vice by Attorney Darren S. Cahr on behalf of Defendant American Specialties, Inc., designating Henry Shields, Jr. as local counsel. (rs)
November 5, 2010 Filing 20 APPLICATION for attorney Darren S. Cahr to Appear Pro Hac Vice (PHV Fee of $275 receipt number 0973-7773867 paid.) filed by Defendant American Specialties, Inc.. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Shields, Henry)
November 5, 2010 Filing 19 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Plaintiff's Complaint for Trademark Infringement and Unfair Competition Memorandum of Points and Authorities in Support of Motion to Dismiss #18 filed by Defendant American Specialties, Inc.. (Shields, Henry)
November 5, 2010 Filing 18 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint for Trademark Infringement and Unfair Competition Memorandum of Points and Authorities in Support of Motion to Dismiss filed by Defendant American Specialties, Inc.. Motion set for hearing on 12/6/2010 at 01:30 PM before Judge Stephen V. Wilson. (Shields, Henry)
November 5, 2010 Filing 17 NOTICE of Motion and Motion to Dismiss Plaintiff's Complaint for Trademark Infringement and Unfair Competition filed by Defendant American Specialties, Inc.. (Attachments: #1 Proposed Order Granting Defendant's Motion to Dismiss Plaintiff's Complaint)(Shields, Henry)
October 19, 2010 Opinion or Order Filing 16 ORDER granting First Stipulation Extending Time to Answer (30 days or less), First Stipulation Extending Time to Answer (30 days or less) #15 , by Judge Stephen V. Wilson (pj)
October 15, 2010 Filing 15 FIRST STIPULATION Extending Time to Answer the complaint as to American Specialties, Inc. answer now due 11/5/2010, filed by Defendant American Specialties, Inc.. (Attachments: #1 Proposed Order [Proposed] Order to Extend Time for Defendant American Specialties, Inc. to Respond to Plaintiff's Complaint)(Shields, Henry)
October 4, 2010 Filing 14 ORIGINAL SUMMONS RETURNED filed by plaintiff Bobrick Washroom Equipment, Inc. (jp)
October 1, 2010 Filing 12 PROOF OF SERVICE filed by PLAINTIFF Bobrick Washroom Equipment, Inc., OF NEW CASE ORDER served on 9/28/10. (Benson, Robert)
September 29, 2010 Opinion or Order Filing 13 "ADMINISTRATIVE DUPLICATE ORDER" by Judge Stephen V. Wilson: granting #6 Application to Appear Pro Hac Vice by Attorney Darius C Gambino on behalf of Plaintif Bobrick Washroom Eqiupment Inc, designating Robert J Benson as local counsel. (pj)
September 29, 2010 Opinion or Order Filing 11 ORDER by Judge Stephen V. Wilson Granting APPLICATION for attorney Darius C Gambino to Appear Pro Hac Vice. (PHV FEE PAID.) #6 by Darius C. Gambino to appear on behalf of Plaintiff Bobrick Washroom Equipment, Inc..Robert J. Benson is designated as local counsel. Fee PAID. (yl)
September 29, 2010 Filing 10 PROOF OF SERVICE Executed by Plaintiff Bobrick Washroom Equipment, Inc., upon Defendant American Specialties, Inc. served on 9/22/2010, answer due 10/13/2010. Service of the Summons and Complaint were executed upon "John Doe" Security Guard in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Benson, Robert)
September 22, 2010 Opinion or Order Filing 8 ORDER by Judge Stephen V. Wilson: granting #7 Application to Appear Pro Hac Vice by Attorney Carl W Hittinger on behalf of Plaintiff Washroom Equipment Inc a Callfornia corporation, designating Robert J Benson as local counsel. (pj)
September 21, 2010 Opinion or Order Filing 9 ORDER by Judge Stephen V. Wilson: granting #5 Application to Appear Pro Hac Vice by Attorney William L Bartow on behalf of Plaintiff Bobrick Washroom Equipment Inc a California corporation, designating Robert J Benson as local counsel. (pj)
September 21, 2010 Filing 7 APPLICATION for attorney Carl W Hittinger to Appear Pro Hac Vice. (PHV FEE PAID), filed by plaintiff Bobrick Washroom Equipment, Inc. Lodged Proposed Order. (jp)
September 21, 2010 Filing 6 APPLICATION for attorney Darius C Gambino to Appear Pro Hac Vice. (PHV FEE PAID), filed by plaintiff Bobrick Washroom Equipment, Inc. Lodged Proposed Order. (jp)
September 21, 2010 Filing 5 APPLICATION for attorney William L Bartow to Appear Pro Hac Vice. (PHV FEE PAID), filed by plaintiff Bobrick Washroom Equipment, Inc. Lodged Proposed Order. (jp)
September 21, 2010 Opinion or Order Filing 4 NEW CASE ORDER by Judge Stephen V. Wilson, (im)
September 17, 2010 Filing 3 REPORT ON THE FILING OF AN ACTION Regarding a Trademark (Initial Notification) filed by American Specialties, Inc. (ghap)
September 17, 2010 Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Bobrick Washroom Equipment, Inc.. (ghap) (ds).
September 17, 2010 Filing 1 COMPLAINT against Defendant American Specialties, Inc..Case assigned to Judge Stephen V. Wilson for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 350: PAID), filed by petitioner Bobrick Washroom Equipment, Inc.(ghap) (ds).
September 17, 2010 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendant American Specialties, Inc. (ghap)

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Search for this case: Bobrick Washroom Equipment, Inc. v. American Specialties, Inc.
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Plaintiff: Bobrick Washroom Equipment, Inc.
Represented By: Carl W Hittinger
Represented By: Darius C. Gambino
Represented By: David B. Abel
Represented By: Jordan B Kushner
Represented By: Joshua M Briones
Represented By: Robert J. Benson
Represented By: William L Bartow
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Defendant: American Specialties, Inc.
Represented By: Adam J. Thurston
Represented By: Darren S Cahr
Represented By: Jeffrey T Baravetto
Represented By: Pamela Kentos Graham
Represented By: Henry Shields, Jr
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