The Tawnsaura Group LLC v. Maximum Human Performance LLC
| Ultimate Nutrition, Inc., Force Factor LLC, Threshold Enterprises, Ltd., S.A.N. Nutrition Corp., Irwin Naturals Inc., Fahrenheit Group Corporation, Isatori Technologies, LLC, CytoSport, Inc., Beautyfit Inc, Nutrabulk Inc, Serious Nutrition Solutions LLC, General Nutrition Corporation, Labrada Bodybuilding Nutrition, Inc., Twinlab Corporation, Puritan's Pride, Inc, Swanson Health Products Inc, Driven Sports, Inc, Bodybuilding.com, LLC, Musclepharm Corporation, Beverly International Nutrition, LLC, Exclusive Supplements Inc, ABB Performance, LLC, World Health Products LLC, Physician Formulas, Inc., Fizogen Precision Technologies, Inc, Man Sports Products, Inc, Anabol Naturals, Gaspari Nutrition Inc, USP Labs, LLC, Get Fit Nutrition, Hammer Nutrition Ltd., Corr-Jensen Labs, Inc., Nutraceutical Corp., Exclusive Nutrition Products Inc, Nutricology, Inc, M D Science Lab, LLC, Elements of Health Care, LLC, Epic Nutrition, Inc., ISS Research LLC, Herbalife International of America Inc, Vitacost.com, Inc, BPI Sports Holdings, LLC, General Nutrition Centers, Inc., Montiff Inc, Pro Supps USA LLC, Bestvite Inc, Extreme V Inc, Now Foods Inc, Dymatize Enterprises, LLC, Guthy Renker LLC, Woodbolt Distribution, LLC, Sechel Holdings, Inc., Image Sports, LLC, Infinite Labs, LLC, Bio-Engineered Supplements and Nutrition, Inc, Ultimate Nutrition Products Inc, GNC Corporation, Supplement Direct Ventures Inc, Karma Nutritionals Inc, All American Pharmaceutical and Natural Foods Corporation, Vital Pharmaceuticals, Inc, Ergogenix, NutraBio.com Inc, Isatori Technologies, Inc, Kingfisher Media LLC, Advanced Nutraceutical Engineers and Marketers, LLC, Betancourt Nutrition, Inc., Gamma Enterprises LLC, Isatori, Inc, Hammer Nutrition, Creative Edge Nutrition Inc, Evogen, Inc., Universal Nutrition, Inc, Controlled Labs, Core Nutritionals, LLC, BNC Nutrition LLC, Optimum Nutrition, Inc. and Magnum Nutraceuticals, Inc |
| NBTY Inc and Maximum Human Performance LLC |
| The Tawnsaura Group, LLC |
| 2:2012cv07189 |
| August 21, 2012 |
| U.S. District Court for the Central District of California |
| S James Otero |
| Alicia G Rosenberg |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on July 15, 2019. A more recent docket listing may be available from PACER.
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| Filing 309 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (lc) |
Filing 308
MINUTE ORDER In Chambers Order Closing Case by Judge S. James Otero. This case was dismissed on February 13, 2013 #109 , but the docket remained open as the master file for the coordinated actions. Because all coordinated actions have been resolved, this case is now closed. (Made JS-6. Case Terminated.) (lom) (Main Document 308 replaced on 2/20/2015) (ir).
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| Filing 307 BILL OF COSTS. Costs Taxed in amount of $ 5,109.52 in favor of Ultimate Nutrition Products, Inc and against The Tawnsaura Group,LLC. RE: #289 (mb) |
| Filing 306 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER DENYING DEFENDANTS' MOTION FOR ATTORNEYS' FEES #292 . (lc) |
| Filing 305 NOTICE OF ORDER VACATING HEARING ON MOTION: The Court finds the following matter suitable for disposition without oral argument and vacates the hearing re MOTION for Attorney Fees filed by Defendant Ultimate Nutrition, Inc. #292 , set for hearing on September 2, 2014. See Fed. R. Civ. P. 78(b). The briefing schedule remains as set by Local Rule.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 304 Notice of Appearance or Withdrawal of Counsel: for attorney Steven S Karic counsel for Defendant Labrada Bodybuilding Nutrition, Inc.. STEVEN S. KARIC will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice.STEVEN S. KARIC is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by DEFENDANT GAMMA ENTERPRISES, LLC; WOODBOLT DISTRIBUTION, LLC; MUSCLEPHARM CORP.;LABRADA BODYBUILDING NUTRITION; AND BNC NUTRITION. (Karic, Steven) |
| Filing 303 REPLY IN SUPPORT Corrected MOTION for Attorney Fees #292 filed by Defendant Ultimate Nutrition, Inc.. (Attorney Asheesh Paul Puri added to party Ultimate Nutrition, Inc.(pty:dft))(Puri, Asheesh) |
| Filing 302 NOTICE of Change of Attorney Business or Contact Information: for attorney Douglas H Morseburg counsel for Defendant S.A.N. Nutrition Corp.. Changing Firm Name to Leech Tishman Fuscaldo & Lampl. Changing e-mail to [email protected]. Filed by Defendant S.A.N. Nutritional Corp.. (Morseburg, Douglas) |
| Filing 301 REPLY filed by Defendant Ultimate Nutrition, Inc. to Objection/Opposition (Motion related) #299 , APPLICATION to the Clerk to Tax Costs against Plaintiff The Tawnsaura Group, LLC #289 (Attachments: #1 Declaration ISO Ultimate's Application to Tax Costs, #2 Exhibit to Dec ISO Ultimate's Application to Tax Costs)(Puri, Asheesh) |
| Filing 300 OBJECTION In Opposition re: APPLICATION to the Clerk to Tax Costs against Defendant The Tawnsaura Group, LLC #290 filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Declaration)(Woods, Tyler) |
| Filing 299 OBJECTION IN OPPOSITION re: APPLICATION to the Clerk to Tax Costs against Plaintiff The Tawnsaura Group, LLC #289 filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Declaration)(Woods, Tyler) |
| Filing 298 NOTICE OF LODGING filed re MEMORANDUM in Opposition to Motion #295 (Attachments: #1 Proposed Order)(Ferrell, Scott) |
| Filing 297 DECLARATION of Gavin Bogle In Support of Plaintiff's Opposition to Corrected MOTION for Attorney Fees #292 filed by Plaintiff The Tawnsaura Group, LLC. (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, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO)(Ferrell, Scott) |
| Filing 296 DECLARATION of Tyler J. Woods In Support of Plaintiff's Opposition to Corrected MOTION for Attorney Fees #292 filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 A, #2 B, #3 C, #4 D, #5 E, #6 F, #7 G, #8 H, #9 I, #10 J, #11 K, #12 L, #13 M, #14 N, #15 O, #16 P)(Ferrell, Scott) |
| Filing 295 MEMORANDUM in Opposition to Corrected MOTION for Attorney Fees #292 filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Declaration of S. Lazar)(Ferrell, Scott) |
| Filing 294 NOTICE OF ERRATA filed by Defendant Vitacost.com, Inc. correcting APPLICATION to the Clerk to Tax Costs against Defendant The Tawnsaura Group, LLC #290 (Payne, Robert) |
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Filing 293
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge S. James Otero: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION for Attorney Fees [PART OF DOCKET #287] #288 , MOTION for Attorney Fees #287 , for the following reasons: Motions do not comply with Local Rule 6.1 re Notice and Service of Motion, and #288 is not a motion. Counsel shall contact the Court's ECF help desk at 213-894-0241 or [email protected]. Counsel shall refile motion by close of business 8/1/14.; (bp)
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| Filing 292 NOTICE OF MOTION AND Corrected MOTION for Attorney Fees filed by Defendant Ultimate Nutrition, Inc.. Motion set for hearing on 9/2/2014 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum, #2 Declaration of Kinkade ISO Attorneys' Fee Motion, #3 Exhibit A-B to Kinkade Dec ISO Attorneys' Fees, #4 Declaration of PuriI SO Attorneys' Fee Motion, #5 Exhibit A-B to Puri Dec ISO Attorneys' Fee Motion, #6 Declaration of Bentz ISO Attorneys' Fee Motion, #7 Declaration of Trueba ISO Attorneys' Fee Motion, #8 Declaration of Payne ISO Attorneys' Fee Motion, #9 Proposed Order of Ultimate Nutrition, #10 Proposed Order of Vitacost.com, Inc., #11 Proposed Order of GNC Corporation)(Doroshow, James) |
| Filing 291 NOTICE OF ERRATA filed by Defendant Ultimate Nutrition, Inc.. correcting MOTION for Attorney Fees [PART OF DOCKET #287] #288 , MOTION for Attorney Fees #287 (Doroshow, James) |
| Filing 290 APPLICATION to the Clerk to Tax Costs against Defendant The Tawnsaura Group, LLC filed by Defendant Ultimate Nutrition, Inc.. Application set for hearing on 8/21/2014 at 10:00 AM before Clerk of Court. (Doroshow, James) |
| Filing 289 APPLICATION to the Clerk to Tax Costs against Plaintiff The Tawnsaura Group, LLC filed by Defendant Ultimate Nutrition, Inc.. Application set for hearing on 8/21/2014 at 10:00 AM before Clerk of Court. (Doroshow, James) |
| Filing 288 [DOCUMENT STRICKEN PURSUANT TO ORDER DATED 8/1] NOTICE OF MOTION AND MOTION for Attorney Fees [PART OF DOCKET #287] filed by Defendant Ultimate Nutrition, Inc.. Motion set for hearing on 8/25/2014 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Exhibit A-B to Puri Dec ISO Attorneys' Fees, #2 Exhibit C to Puri Dec ISO Attorneys' Fees, #3 Exhibit D to Puri Dec ISO Attorneys' Fees, #4 Exhibit E-G to Puri Dec ISO Attorneys' Fees)(Doroshow, James) Modified on 8/4/2014 (bp). |
| Filing 287 [STRICKEN PURSUANT TO ORDER DATED 8/1] NOTICE OF MOTION AND MOTION for Attorney Fees filed by Defendant Ultimate Nutrition, Inc.. Motion set for hearing on 8/25/2014 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum for Attorneys' Fees, #2 Declaration of Kinkade ISO Attorneys' Fees, #3 Exhibit A-B to Kinkade Dec ISO Attorneys' Fees, #4 Declaration of Tamany Bentz ISO Attorneys' Fees, #5 Declaration of William Trueba Jr. ISO Attorneys' Fees, #6 Declaration of Robert Payne ISO Attorneys' Fees, #7 Proposed Order of Ultimate, #8 Proposed Order of GNC, #9 Proposed Order of Vitacost.com)(Doroshow, James) Modified on 8/4/2014 (bp). |
| Filing 286 Notice of Appearance or Withdrawal of Counsel: for attorney Glenn W Trost counsel for Defendant Vital Pharmaceuticals, Inc. Filed by Defendant Glenn W. Trost. (Trost, Glenn) |
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Filing 285
MINUTE ORDER IN CHAMBERS by Judge S. James Otero: FINAL JUDGMENT ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT THAT THE ASSERTED CLAIMS OF THE '107 AND '471 PATENTS ARE INVALID #282 : 1. Claims 1, 2, 15, 16, 18, and 19 of United States Patent No. 6,028,107 are declared invalid for lack of novelty under 35 U.S.C. 102. 2. Claims 1, 2, 20, 21, 26, 27, 28, and 29 of United States Patent No. 5,874,471 are declared invalid as obvious under 35 U.S.C. 103. 3. United States Patent Nos. 6,028,107 and 5,874,471 are declared invalid in theirentirety for failure to satisfy 35 U.S.C. 101 and 112. (SEE DOCUMENT FOR SPECIFIC LIST OF APPLICABLE CASES TO WHICH THIS JUDGMENT IS ENTERED ) (lc)
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Filing 284
MINUTE ORDER IN CHAMBERS by Judge S. James Otero:Case was closed in error by the court clerk #282 . Case is dismissed as to SA CV 12-02000 SJO: The Tawnsaura Group, LLC v. Bodybuilding.com, LLC, only. The Court instructs the Clerks office to statistically reopen this case. (Case reopened. MD JS-5.) (lc)
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| Filing 283 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 order) (lc) |
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Filing 282
ORDER by Judge S. James Otero, re Stipulation #270 : Pursuant to Rule 41(a) of the Federal Rules of Civil Procedures, all claims, counterclaims and defenses in this action are hereby dismissed with prejudice; and The parties shall bear their own costs, expenses and attorneys fees. (Made JS-6. Case Terminated.) (lc)
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| Filing 281 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARYJUDGMENT THAT THE ASSERTED CLAIMS OF THE '107 AND '471 PATENTS ARE INVALID #224 . Because Tawnsaura's only causes of action seek to enforce thePatents the Court now rules invalid, the case, and all related cases, are DISMISSED. A separate judgment is entered on this date. (lc) |
| Filing 280 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 279 SCHEDULING NOTICE OF VACATING PRETRIAL CONFERENCE AND TRIAL DATES by Judge S. James Otero previously scheduled for 07/14/2014 and 08/04/2014, respectively, have been terminated. No appearance is required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 278 STATUS REPORT 7-3-14 filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit Table 1, #2 Exhibit Table 2)(Ferrell, Scott) |
| Filing 277 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 276 NOTICE OF FILING TRANSCRIPT filed for proceedings June 13, 2014; 10:36 a.m. re Transcript #275 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dhs) TEXT ONLY ENTRY |
| Filing 275 TRANSCRIPT for proceedings held on June 13, 2014; 10:36 a.m.; Court Reporter, Debbie Hino-Spaan; email, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 7/17/2014. Redacted Transcript Deadline set for 7/27/2014. Release of Transcript Restriction set for 9/24/2014. (dhs) |
| Filing 274 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 273 TRANSCRIPT ORDER re: Declaration (Motion related), #225 , Statement (Motion related), #227 , Transcript Designation and Ordering Form (G-120),, #272 , Motion Related Document #228 , Declaration (Motion related), #226 , Motion for Summary Judgment, #224 , Reply (non-motion), #248 , Reply (Motion related), #235 , as to Plaintiff The Tawnsaura Group, LLC Court Reporter. Court will contact Mandy Jung at [email protected] with any questions regarding this order. Transcript portion requested: Other: 6/13/14. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Woods, Tyler) |
| Filing 272 TRANSCRIPT ORDER re: Declaration (Motion related), #225 , Statement (Motion related), #227 , Text Only Scheduling Notice, 267 , Motion Related Document #228 , Declaration (Motion related), #226 , Text Only Scheduling Notice, 266 , Motion for Summary Judgment, #224 , Reply (non-motion), #248 , Reply (Motion related), #235 , as to Defendant Ultimate Nutrition, Inc. Court Reporter. Court will contact Janeth Ochoa at [email protected] with any questions regarding this order. Transcript portion requested: Testimony of: MSJ Hearing on 6-13-14. Other: MSJ Hearing, 6-13-14. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Doroshow, James) |
| Filing 271 NOTICE OF ERRATA filed by Plaintiff The Tawnsaura Group, LLC. correcting Stipulation to Dismiss Party #270 (Attachments: #1 Exhibit A, #2 Exhibit B)(Woods, Tyler) |
| Filing 270 STIPULATION to Dismiss Defendant Vital Pharmaceuticals, Inc filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Proposed Order)(Woods, Tyler) |
| Filing 269 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
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Filing 268
ORDER by Judge S. James Otero Granting by Nancy E. Halpern to appear on behalf of Defendants Ultimate Nutrition, Inc., Universal Nutrition, Inc.James E. Doroshow is designated as local counsel. Fee Paid. (lt)
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| Filing 267 SCHEDULING NOTICE OF ADVANCEMENT OF TIME OF HEARING by Judge S. James Otero re: MOTION for Summary Judgment as to the Asserted Claims of the '107 and '471 Patents are Invalid #224 The time of the hearing re said Motion is advanced from 11:30 A.M. to 10:30 AM before Judge S. James Otero. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 266 SCHEDULING NOTICE SETTING HEARING RE MOTION FOR SUMMARY JUDGMENT #224 by Judge S. James Otero re: MOTION for Summary Judgment as to the Asserted Claims of the '107 and '471 Patents are Invalid #224 The Courts sets a hearing on said Motion for Friday, 6/13/2014 at 11:30 AM before Judge S. James Otero. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 265 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 264 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 263 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 262 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 261 TEXT ONLY ENTRY: Magistrate Judge Alicia G. Rosenberg is participating in a pilot project regarding the submission of SEALED DOCUMENTS. Effective July 8, 2013, all proposed sealed documents pertaining to discovery matters referred to the magistrate judge must be submitted via e-mail to the Judges Chambers email address at [email protected]. Please refer to the judges procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY |
| Filing 260 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 259 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 258 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 257 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 256 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 255 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 254 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 253 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 252 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 251 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 250 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 249 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 248 REPLY filed by Defendant Ultimate Nutrition, Inc. to Minutes of In Chambers Order/Directive - no proceeding held,, #242 (also filed on behalf of Vital Pharmaceuticals; All American Pharmaceutical & Natural Foods Corp.; Nutraceutical Corp.; Vitacost.com, Inc.; Infinite Labs, LLC; Irwin Naturals, Inc.; M.D. Science Lab, LLC; Magnum Nutraceuticals; and Bodybuilding.com, LLC) (Doroshow, James) |
| Filing 247 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 246 OPPOSITION to MOTION for Summary Judgment as to the Asserted Claims of the '107 and '471 Patents are Invalid #224 Response to Supplement to MSJ Docket 245 filed by Plaintiff The Tawnsaura Group, LLC, Counter Defendant The Tawnsaura Group, LLC. (Woods, Tyler) |
| Filing 245 SUPPLEMENT to MOTION for Summary Judgment as to the Asserted Claims of the '107 and '471 Patents are Invalid #224 DEFENDANTS FURTHER BRIEFING ON MOTION FOR SUMMARY JUDGMENT REGARDING INVALIDITY OF THE ASSERTED CLAIMS OF THE 471 PATENT ON GROUNDS OF OBVIOUSNESS filed by Defendant Nutraceutical Corp.. (Caine, David) |
| Filing 244 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 243 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
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Filing 242
MINUTE ORDER IN CHAMBERS by Judge S. James Otero::ORDER REQUIRING FURTHER BRIEFING RE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT #224 on only the following question: Are all of the asserted claims of United States Patent 5,874,471 (the "'471 Patent") invalid as obvious under 35 U.S.C. 103(a)?. Defendants are ORDERED to file a supplemental brief on this question, not to exceed 5 pages, by February 6, 2014. Plaintiff is ORDERED to file a responsive brief, not to exceed 5 pages, by February 13, 2014. Defendants may then, at their discretion, file a reply brief, not to exceed 3 pages, by February 17, 2014. (lc)
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| Filing 241 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 240 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 239 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 238 The Court finds this matter suitable for disposition without oral argument and vacates the hearing re the MOTION for Summary Judgment as to the Asserted Claims of the '107 and '471 Patents are Invalid filed by Defendant Kingfisher Media LLC. #224 , set for hearing on January 13, 2014. See Fed. R. Civ. P. 78(b). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 237 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 236 OBJECTION re: MOTION for Summary Judgment as to the Asserted Claims of the '107 and '471 Patents are Invalid #224 Defendants' Objections to Evidence Offered by Plaintiff in Opposition to Defendants' Motion for Summary Judgment That The Asserted Claims of the '107 and '471 Patents are Invalid filed by Defendant Nutraceutical Corp.. (Caine, David) |
| Filing 235 REPLY In Support of MOTION for Summary Judgment as to the Asserted Claims of the '107 and '471 Patents are Invalid #224 Defendants' Reply in Support of Their Motion for Summary Judgement That The '107 and '471 Patents are Invalid filed by Defendant Nutraceutical Corp.. (Caine, David) |
| Filing 234 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 233 OPPOSITION to MOTION for Summary Judgment as to the Asserted Claims of the '107 and '471 Patents are Invalid #224 filed by Plaintiff The Tawnsaura Group, LLC, Counter Defendant The Tawnsaura Group, LLC. (Attachments: #1 Supplement Statement of Genuine Issues, #2 Declaration Tyler J Woods, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M)(Woods, Tyler) |
| Filing 232 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 231 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 230 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 229 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Kingfisher Statement (Motion related), #227 , Motion Related Document #228 . The following error(s) was found: Incorrect event due to incorrect procedure selected. Proposed statement of uncontroverted facts and proposed orders and or jugment should have been submitted as a separate attachment. 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. (lc) |
| Filing 228 [PROPOSED] FINAL JUDGMENT re MOTION for Summary Judgment as to the Asserted Claims of the '107 and '471 Patents are Invalid #224 filed by Defendant Kingfisher Media LLC. (Agarwal, Monty) |
| Filing 227 STATEMENT of Uncontroverted Facts and Conclusions of Law in Support of MOTION for Summary Judgment as to the Asserted Claims of the '107 and '471 Patents are Invalid #224 filed by Defendant Kingfisher Media LLC. (Agarwal, Monty) |
| Filing 226 DECLARATION of Malcom Watford in Support of MOTION for Summary Judgment as to the Asserted Claims of the '107 and '471 Patents are Invalid #224 filed by Defendant Kingfisher Media LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Agarwal, Monty) |
| Filing 225 DECLARATION of Monty Agarwal in Support of MOTION for Summary Judgment as to the Asserted Claims of the '107 and '471 Patents are Invalid #224 filed by Defendant Kingfisher Media LLC. (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 1 of 2, #11 Exhibit J 2 of 2, #12 Exhibit K, #13 Exhibit L)(Agarwal, Monty) |
| Filing 224 NOTICE OF MOTION AND MOTION for Summary Judgment as to the Asserted Claims of the '107 and '471 Patents are Invalid filed by Defendant Kingfisher Media LLC. Motion set for hearing on 1/13/2014 at 10:00 AM before Judge S. James Otero. (Agarwal, Monty) |
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Filing 223
ORDER by Judge S. James Otero: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: APPLICATION for attorney Marina N. Saito to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-11897937 paid.) #128 , APPLICATION for attorney Edward H. Rice to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-11898055 paid.) #129 , for the following reasons: Failure to comply with L.R. 5-4.4 Submission of Proposed Orders, Judgments, or Other Proposed Documents That Require a Judges Signature and L.R. 5-4.5 Mandatory Chambers Copies. (lc)
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Filing 222
ORDER by Judge S. James Otero: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: REQUEST to Substitute attorney Monty Agarwal in place of attorney D. Jay Ritt #82 , for the following reasons: Failure to comply with L.R. 5-4.4 Submission of Proposed Orders, Judgments, or Other Proposed Documents That Require a Judges Signature and L.R. 5-4.5 Mandatory Chambers Copies; (lc)
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| Filing 221 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 220 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 219 Notice of Appearance or Withdrawal of Counsel: for attorney Richard J Elliott counsel for Defendant Isatori, Inc. Richard J. Elliott will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by defendant, cross-complainant iSatori, Inc.. (Elliott, Richard) |
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Filing 218
ORDER by Judge S. James Otero, re Joint Motion for Clarification of Scheduling Order #212 : The discovery phase concerning infringement and damages has not commenced. Defendants have indicated that they intend to file a motion for summary judgment on December 3, 2013. Pursuant to the CourtsJanuary 8, 2013, Scheduling Order, discovery opens regarding infringement anddamages immediately after the Court issues an Order denying Defendantsforthcoming motion for summary judgment such that the validity or enforceabilityof at least one claim of the 471 or 107 patent remains to be determined. (lc)
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Filing 217
ORDER by Judge S. James Otero: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION for Hearing Clarification of Scheduling Order, re Stipulation for Hearing #212 , #213 , for the following reasons: Hearing information is missing, incorrect, or not timely; Does not comply with L.R. 6-1 Notice and Service of Motion. (lc)
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Filing 216
ORDER GRANTING STIPULATION AMENDING EXPERT DISCOVERY DEADLINES #205 by Judge S. James Otero. (SEE DOCUMENT FOR SPECIFIC DATES). (lc)
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| Filing 215 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 214 NOTICE OF LODGING filed [PROPOSED] ORDER GRANTING JOINT MOTION FOR CLARIFICATION OF re MOTION for Hearing Clarification of Scheduling Order, re Stipulation for Hearing #212 , #213 (Attachments: #1 Proposed Order GRANTING JOINT MOTION FOR CLARIFICATION OF SCHEDULING ORDER)(Caine, David) |
| Filing 213 NOTICE OF MOTION AND MOTION for Hearing Clarification of Scheduling Order, re Stipulation for Hearing #212 , filed by plaintiff The Tawnsaura Group, LLC. Motion set for hearing on 11/18/2013 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum Point and Authorities, #2 Declaration David Caine with Ex A, #3 Declaration Tyler J Woods, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Proposed Order)(Woods, Tyler) Modified on 11/15/2013 (lc).(STRICKEN PER 11/15/13 ORDER) |
| Filing 212 STIPULATION for Hearing re Motion for Clarification of Scheduling Order filed by plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Proposed Order)(Woods, Tyler) |
| Filing 211 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Ferrell, Scott) |
| Filing 210 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 209 Notice of Appearance or Withdrawal of Counsel: for attorney David M Kleiman counsel for Defendant Bestvite Inc. David M. Kleiman will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice.David M. Kleiman is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Bestvite Inc.. (Kleiman, David) |
| Filing 208 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 207 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit one, #2 Exhibit two)(Ferrell, Scott) |
| Filing 206 NOTICE of Re-Examination of U.S. Patent No. 6,028,107 Before the USPTO filed by plaintiff and counter-defendant The Tawnsaura Group, LLC. (Attachments: #1 Exhibit A)(Woods, Tyler) |
| Filing 205 STIPULATION for Order to Amend Expert Discovery Deadlines filed by Defendant/Cross-Claimant Irwin Naturals Inc.. (Attachments: #1 Proposed Order)(Renfro, Aaron) |
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Filing 204
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT by Judge S. James Otero RE: Defendant Infinite Labs, LLC. Amended Answer to Complaint #200 Per Lead case Coorindating order ( 2:12-cv-07189-SJO-AGRx), filing party shall file its answerunder its own individual case 8:12-cv-01477-SJO-AGR USA vs Infinite Labs. (lc)
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| Filing 203 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 202 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Infinite Labs Amended Answer to Complaint #200 . The following error(s) was found: Document submitted in the wrong case. Per Lead case Coorindating order ( 2:12-cv-07189-SJO-AGRx) answer should have been filed under its own individual case 8:12-cv-01477-SJO-AGR USA vs Infinite Labs. and NOT in Lead case.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. (lc) |
| Filing 201 Notice of Appearance or Withdrawal of Counsel: for attorney Tyler J Woods counsel for Plaintiff The Tawnsaura Group, LLC, Counter Defendant The Tawnsaura Group, LLC. Gavin T. Bogle is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff The Tawnsaura Group. (Woods, Tyler) |
| Filing 200 AMENDED ANSWER AND AFFIRMATIVE DEFENSES to Amended Complaint #20 filed by Defendant Infinite Labs, LLC. (Dixit, Shyam) Modified on 10/11/2013 (lc). (STRICKEN PER 10/10/13 ORDER). |
| Filing 199 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER DENYING JOINT MOTION TO STAY ALL COORDINATED CASES PENDING OUTCOME OF PLAINTIFFS EX PARTE PETITION FORREEXAMINATION #190 WITHOUT PREJUDICE to renewal should the Court deny summary judgment of invalidity and unenforceability as to at least one claim of an asserted patent. (lc) |
| Filing 198 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
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Filing 197
ORDER DENYING #192 STIPULATION EXTENDING DEADLINES GIVEN PENDING MOTION TO STAY by Judge S. James Otero. (lc)
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| Filing 196 NOTICE OF CLERICAL ERROR: Due to clerical error :amended answer and counterclaim for SA 12-1655 SJO The Tawnsaura Group LLC v. NBTY Inc. Case caption cited the main case number as case number, and cited the pertinent case number under Attorneys address area. Clerk inadvertantly Docketed this filing on this Main case in error, should have been under 8:12-cv-01655-SJO TheTawnsaura Group LLC v. NBTY Inc. Therefore the entry was deleted and will be docketed under correct case number. (lc) |
| DOCUMENT NUMBERr 196, AMENDED ANSWER #87 and COUNTERCLAIM deleted for the following reason: docketed in error on this case.(cbr) |
| Filing 195 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 194 Notice of Appearance or Withdrawal of Counsel: for attorney Margo J Arnold counsel for Defendant Corr-Jensen Labs, Inc.. Margo J. Arnold will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by defendant Corr-Jensen Labs, Inc.. (Arnold, Margo) |
| Filing 193 Notice of Appearance or Withdrawal of Counsel: for attorney Mitchell J Langberg counsel for Defendant Corr-Jensen Labs, Inc.. Mitchell J. Langberg will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by defendant Corr-Jensen Labs, Inc.. (Langberg, Mitchell) |
| Filing 192 Joint STIPULATION to Extend Discovery Cut-Off Date to see attached filed by plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Proposed Order)(Woods, Tyler) |
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Filing 191
MINUTE ORDER IN CHAMBERS by Judge S. James Otero:ORDER STAYING RELATED CASES FILED AFTER JANUARY 2013. On its own motion, the Court has determined that efficiency will be best served by staying, with the exception of the below-described activity, those six post-January 2013 cases pending the January 8, 2013 status conference. (ECF No. 92.) Therefore, the following cases are hereby STAYED: 1. The Tawnsaura Group, LLC v. Rivalus, Inc., CV 13-00204; 2. The Tawnsaura Group, LLC v. Corr Jensen Labs., Inc., CV 13-00667; 3. The Tawnsaura Group, LLC v. GNC Corp., CV 13-04474; 4. The Tawnsaura Group, LLC v. Progenex, Inc., CV 13-01405; 5. The Tawnsaura Group, LLC v. NDS Nutrition Products, Inc., CV 13-01406; 6. The Tawnsaura Group, LLC v. OSN Labs, LLC, CV 13-06645;The stay does not apply to service of the Complaints, which Plaintiff is ORDERED to complete forthwith. Plaintiff is also Plaintiff is also ORDERED to serve copies of this Order on parties who have not yet entered an appearance.Defense counsel are encouraged to file notices of appearance and certifications as to interested parties as soon as possible to facilitate the receipt of filings in the lead and individual cases. Filing such notices and certifications will not constitute waiver of any defenses. Absent further order of the Court, responsive pleadings will be due fourteen (14) days after the stay is lifted. (lc)
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| Filing 190 NOTICE OF MOTION AND Joint MOTION to Stay Case pending Outcome of Plaintiff's Ex Parte Petition for ReExamination filed by plaintiff The Tawnsaura Group, LLC. Motion set for hearing on 10/21/2013 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Declaration Tyler J Woods, #2 Exhibit A, #3 Proposed Order)(Woods, Tyler) |
| Filing 189 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 188 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 187 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER DENYING DEFENDANT'S MOTION FOR SUMMARYJUDGMENT THAT THE '107 AND '471 PATENTS ARE INVALID FOR FAILURE TO SATISFY THE STATUTORY ENABLEMENT/UTILITY REQUIREMENT #120 . (lc) |
| Filing 186 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER GRANTING DEFENDANTS' MOTION FOR LEAVE TO AMEND TO ADD DEFENSE AND OR COUNTERCLAIM OF UNENFORCEABILITY ONGROUNDS OF INEQUITABLE CONDUCT #181 .Each moving Defendant shall file and serve and amended answer and or counterclaim with 14 days of this Order. (lc) |
| Filing 185 NOTICE OF NON-OPPOSITION to MOTION for Leave to Amend to Add Defense and/or Counterclaim of Unenforceability on Grounds of Inequitable Conduct #181 filed by Plaintiff The Tawnsaura Group, LLC. (Woods, Tyler) |
| Filing 184 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 183 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 182 DECLARATION of Monty Agarwal In Support of Defendants' Motion for Leave to Amend to Add Defense and/or Counterclaim of Unenforceabilityon Grounds of Inequitable Conduct MOTION for Leave to Amend to Add Defense and/or Counterclaim of Unenforceability on Grounds of Inequitable Conduct #181 filed by Defendant All American Pharmaceutical and Natural Foods Corporation. (Attachments: #1 Exhibit A to Agarwal Declaration, #2 Exhibit B to Agarwal Declaration, #3 Exhibit C to Agarwal Declaration, #4 Exhibit D to Agarwal Declaration)(Fugate, Jeanne) |
| Filing 181 NOTICE OF MOTION AND MOTION for Leave to Amend to Add Defense and/or Counterclaim of Unenforceability on Grounds of Inequitable Conduct filed by Defendant All American Pharmaceutical and Natural Foods Corporation. Motion set for hearing on 9/30/2013 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Exhibit 1 to Motion for Leave to Amend to Add Defense And/Or Counterclaim of Unenforceability on Grounds of Inequitable Conduct, #2 Proposed Order Granting Defendants' Motion for Leave to Amend to Add Defense And/Or Counterclaim of Unenforceability on Grounds of Inequitable Conduct)(Fugate, Jeanne) |
| Filing 180 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 179 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC, Counter Defendant The Tawnsaura Group, LLC. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Ferrell, Scott) |
| Filing 178 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Ferrell, Scott) |
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Filing 177
MINUTE ORDER IN CHAMBERS by Judge S. James Otero:ORDER CONSTRUING CLAIM TERMS #140 .(SEE DOCUMENT FOR SPECIFICS). (lc)
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| Filing 176 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Ferrell, Scott) |
| Filing 175 STIPULATION for Discovery as to Claim Construction filed by plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Proposed Order)(Woods, Tyler) |
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Filing 174
MINUTE ORDER IN CHAMBERS by Judge S. James Otero:ORDER DIRECTING PARTIES TO FILE STIPULATION REGARDING CLAIM CONSTRUCTION BY MONDAY, JULY 29, 2013 (lc)
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| Filing 173 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Ferrell, Scott) |
| Filing 172 MINUTES OF Markman Hearing held before Judge S. James Otero:Court and counsel confer.The Court takes this matter under submission.Court Recorder: CS 7/19/13. (lc) |
| Filing 171 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Ferrell, Scott) |
| Filing 170 Notice of Appearance or Withdrawal of Counsel: for attorney Alison Margaret Mackenzie counsel for Defendant All American Pharmaceutical and Natural Foods Corporation. Adding ALISON MACKENZIE as attorney as counsel of record for All American Pharmaceutical and Natural Foods Corporation d/b/a All American EFX for the reason indicated in the G-123 Notice. Filed by Defendant All American Pharmaceutical & Natural Foods Corporation d/b/a All American EFX. (Mackenzie, Alison) |
| Filing 169 Notice of Appearance or Withdrawal of Counsel: for attorney Jeanne A Fugate counsel for Defendant All American Pharmaceutical and Natural Foods Corporation. TINA WONG is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant All American Pharmaceutical & Natural Foods Corporation d/b/a All American EFX. (Fugate, Jeanne) |
| Filing 168 SCHEDULING NOTICE by Judge S. James Otero. The parties are advised that the Markman hearing set for Friday, July 19, 2013 @ 10:00 a.m. will be heard in courtroom # 4, second floor at 312 North Spring Street, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(vcr) TEXT ONLY ENTRY |
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Filing 167
MINUTE ORDER IN CHAMBERS by Judge S. James Otero:ORDER MODIFYING PLAINTIFF'S STATUS REPORT REQUIREMENTS, ADDRESSING SCHEDULING FOR CASES FILED AFTER JANUARY 2013. The active post January 2013 cases at present include:The Tawnsaura Group, LLC v. Rivalus, Inc., CV 13-00204; The Tawnsaura Group, LLC v. Corr Jensen Labs., Inc., CV 13-00667; The Tawnsaura Group, LLC v. GNC Corp., CV 13-04474. At a later time, the Court intends to set a scheduling conference for the post-January 2013 cases for the purpose of establishing a single schedule that achieves the benefits of coordination that have been achieved in the pre-January 2013 cases. That scheduling conference will be set at anappropriate time, taking into account (a) developments in the pre-January 2013 cases, and (b) the status of service of the existing and any yet-to-be filed post-January 2013 cases. (lc)
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| Filing 166 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Ferrell, Scott) |
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Filing 165
MINUTE ORDER IN CHAMBERS by Judge S. James Otero:On the Courts own motion, the Markman Hearing set for Monday, July 8, 2013, is continued to Friday, July 19, 2013 10:00 a.m. (lc)
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| Filing 164 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Ferrell, Scott) |
| Filing 163 Notice of Appearance or Withdrawal of Counsel: for attorney Mark Alan Flagel counsel for Defendant Guthy Renker LLC. Mark A. Flagel will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant Guthy Renker LLC. (Flagel, Mark) |
| Filing 162 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Ferrell, Scott) |
| Filing 161 REPLY filed by Plaintiff The Tawnsaura Group, LLC to Response in Opposition to Motion,,, #150 , Brief (non-motion non-appeal),,,, #152 (Attachments: #1 Declaration Tyler J Woods, #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)(Woods, Tyler) |
| Filing 160 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Ferrell, Scott) |
| Filing 159 Notice of Appearance or Withdrawal of Counsel: for attorney Trenton H Norris counsel for Defendant Threshold Enterprises, Ltd.. Trenton H. Norris will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant Threshold Enterprises, LTD. (Norris, Trenton) |
| Filing 158 Notice of Appearance or Withdrawal of Counsel: for attorney Douglas H Morseburg counsel for Defendant S.A.N. Nutrition Corp.. Douglas H. Morseburg will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant S.A.N. Nutrition Corp.. (Morseburg, Douglas) |
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Filing 157
MINUTE ORDER IN CHAMBERS by Judge S. James Otero:, The Court sets the Markman Hearing on Monday, July 8, 2013 2:00 p.m. (lc)
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| Filing 156 Notice of Appearance or Withdrawal of Counsel: for attorney Sean M SeLegue counsel for Defendant Threshold Enterprises, Ltd.. Sean M. SeLegue is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant Threshold Enterprises, Ltd.. (SeLegue, Sean) |
| Filing 155 Notice of Appearance or Withdrawal of Counsel: for attorney David Eric Shapland counsel for Defendant Threshold Enterprises, Ltd.. Eric Shapland is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant Threshold Enterprises, Ltd.. (Shapland, David) |
| Filing 154 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Ferrell, Scott) |
| Filing 153 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Nutraceutical Response in Opposition to Motion #150 and Exhibit (non-trial), #151 ,. The following error(s) was found: Incorrect event re # 150, The correct event is: Brief. Re # 151,Title page and its required LR 11-3.8 : missing required information is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) |
| Filing 152 CLAIM CONSTRUCTION BRIEF filed by Defendants All American Pharmaceutical and Natural Foods Corporation, BNC Nutrition LLC, Bodybuilding.com, LLC, Driven Sports, Inc, Gamma Enterprises LLC, Infinite Labs, LLC, Irwin Naturals Inc., Isatori Technologies, Inc, Kingfisher Media LLC, Musclepharm Corporation, NBTY Inc, Nutraceutical Corp., Puritan's Pride, Inc, Sechel Holdings, Inc., Ultimate Nutrition, Inc., Vitacost.com, Inc, Vital Pharmaceuticals, Inc, Woodbolt Distribution, LLC. (Attachments: #1 Declaration of Elizabeth Yang, #2 Exhibit A to Yang Decl., #3 Exhibit B to Yang Decl., #4 Exhibit C to Yang Decl., #5 Exhibit D to Yang Decl., #6 Exhibit E to Yang Decl., #7 Exhibit F to Yang Decl., #8 Exhibit G to Yang Decl., #9 Exhibit H to Yang Decl., #10 Exhibit I to Yang Decl., #11 Declaration of Dr. Watford, #12 Exhibit A to Watford Decl., #13 Exhibit B to Watford Decl., #14 Exhibit C to Watford Decl., #15 Exhibit D to Watford Decl.)(Yang, Elizabeth) |
| Filing 151 EXHIBIT Filed filed by Defendant Nutraceutical Corp.. Exhibit A to DECLARATION OF WILLIAM ROBINSON, M.D., PH.D. IN SUPPORT OF NUTRACEUTICAL CORP.S SEPARATE CLAIM CONSTRUCTION ANSWERING BRIEF as to Response in Opposition to Motion,,, #150 . (Caine, David) |
| Filing 150 OPPOSITION NUTRACEUTICAL CORP.S SEPARATE CLAIM CONSTRUCTION ANSWERING BRIEF filed by Defendant Nutraceutical Corp.. (Attachments: #1 Declaration DECLARATION OF DAVID A. CAINE IN SUPPORT OF NUTRACEUTICAL CORP.S SEPARATE CLAIM CONSTRUCTION ANSWERING BRIEF, #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 Declaration DECLARATION OF WILLIAM ROBINSON, M.D., PH.D. IN SUPPORT OF NUTRACEUTICAL CORP.S SEPARATE CLAIM CONSTRUCTION ANSWERING BRIEF, #22 Exhibit A TO ROBINSON DECLARATION)(Caine, David) |
| Filing 149 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Ferrell, Scott) |
| Filing 148 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Ferrell, Scott) |
| Filing 147 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Ferrell, Scott) |
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Filing 146
ORDER by Judge S. James Otero: granting #145 Application to Appear Pro Hac Vice by Attorney Gavin T. Bogle on behalf of Plaintiff, designating Tyler J. Woods as local counsel. (lt)
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| Filing 145 APPLICATION for attorney Gavin T Bogle to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12120491 paid.) filed by plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)(Woods, Tyler) |
| Filing 144 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Report of Determination of Patent/Trademark Action (CLOSE) (AO 120) #143 docketed on this case in error, should have been under SA 12- cv-1398 SJO Tawnsaura vs Nutrabio.com. Inc. (lc) |
| Filing 143 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 stipdism) (lc) Modified on 5/9/2013 (lc).(DOCKETED ON THIS CASE IN ERROR SHOULD BE UNDER SA12-cv-1398 SJO Tawnsaura vs Nutrabio.com. Inc. |
| Filing 142 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Ferrell, Scott) |
| Filing 141 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER VACATING HEARING ON AND TAKING UNDER SUBMISSION DEFENDANT PURITAN PRIDE, INC.'S MOTION FOR SUMMARY JUDGMENT THAT THE '107 AND '471 PATENTS ARE INVALID FOR FAILURE TO SATISFY THESTATUTORY ENABLEMENT/UTILITY REQUIREMENT #120 and the May 13, 2013 hearing date is VACATED. (lc) |
| Filing 140 CLAIM CONSTRUCTION BRIEF filed by plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Declaration Tyler J Woods, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Declaration Richard Kreider, Ph.D, #7 Exhibit A, #8 Exhibit B, #9 Exhibit C, #10 Exhibit D, #11 Exhibit E, #12 Exhibit F, #13 Exhibit G, #14 Exhibit H, #15 Exhibit I, #16 Exhibit J, #17 Exhibit K, #18 Exhibit L, #19 Exhibit M, #20 Exhibit N)(Woods, Tyler) |
| Filing 139 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Ferrell, Scott) |
| Filing 138 NOTICE OF ERRATA filed by Defendant Puritan's Pride, Inc. correcting Reply (Motion related), #136 in Support of its Motion for Summary Judgment (Attachments: #1 Defendant's Reply in Support of its Motion for Summary Judgment)(Singer, Benjamin) |
| Filing 137 DECLARATION of Benjamin L. Singer in support of MOTION for Summary Judgment as to the '107 and '471 Patents are Invalid for Failure to Satisfy the Statuatory Enablement/Utility Requirement #120 with exhibits A & B attached filed by Defendant Puritan's Pride, Inc. (Singer, Benjamin) |
| Filing 136 REPLY in support of MOTION for Summary Judgment as to the '107 and '471 Patents are Invalid for Failure to Satisfy the Statuatory Enablement/Utility Requirement #120 filed by Defendant Puritan's Pride, Inc. (Singer, Benjamin) |
| Filing 135 STATUS REPORT of Served and Pending Service filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Ferrell, Scott) |
| Filing 134 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Ferrell, Scott) |
| Filing 133 OPPOSITION in Opposition re: MOTION for Summary Judgment as to the '107 and '471 Patents are Invalid for Failure to Satisfy the Statuatory Enablement/Utility Requirement #120 filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Declaration Tyler J Woods, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Declaration Richard Kreider, #10 Exhibit A, #11 Exhibit B, #12 Supplement Opposition to Statement of Uncontroverted Facts)(Woods, Tyler) |
| Filing 132 STATEMENT Joint Claim Construction Chart and Prehearing Statement filed by Plaintiff The Tawnsaura Group, LLC (Attachments: #1 Exhibit A)(Woods, Tyler) |
| Filing 131 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Ferrell, Scott) |
| Filing 130 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Ferrell, Scott) |
| Filing 129 APPLICATION for attorney Edward H. Rice to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-11898055 paid.) filed by defendant Puritan's Pride, Inc. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order, #3 Proof of Service)(Singer, Benjamin) Modified on 11/27/2013 (lc).(STRICKEN PER 11/27/13 ORDER) Modified on 6/10/2014 (lc). |
| Filing 128 APPLICATION for attorney Marina N. Saito to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-11897937 paid.) filed by defendant Puritan's Pride, Inc. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order, #3 Proof of Service)(Singer, Benjamin) Modified on 11/27/2013 (lc). (STRICKEN PER 11/27/13 ORDER) Modified on 6/10/2014 (lc). |
| Filing 127 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Ferrell, Scott) |
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Filing 126
ORDER by Judge S. James Otero, re Stipulation #123 1. Defendant shall offer its expert declarant for deposition by Plaintiff on or before April 5, 2013;2. Plaintiffs Opposition to the Motion shall will be due by no later than April 15, 2013; 3. Defendants Reply to the Motion will be due by no later than April 29, 2013; and 4. If one or more expert declarants support Plaintiffs Opposition to the Motion, then Plaintiff shall offer all such declarants for deposition by Defendant on or before April 19, 2013. 5. Pursuant to the Parties request, the Motion #120 shall be heard on Monday, May 13, 2013, at 10:00 a.m. (lc)
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| Filing 125 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Woods, Tyler) |
| Filing 124 Notice of Electronic Filing re Stipulation for Order, #123 e-mailed to [email protected] bounced due to Delivery to the following recipients failed. [email protected]. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to [email protected]. 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 |
| Filing 123 Joint STIPULATION for Order Regarding Schedule and Hearing regarding Puritan's Pride, Inc.'s Motion for Summary Judgment of Invalidity for Lack of Enablement/Utility filed by plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Proposed Order)(Woods, Tyler) |
| Filing 122 DECLARATION of Dana Manning, Pharm.D in support of Defendant Puritan's Pride, Inc.'s Motion for Summary Judgment MOTION for Summary Judgment as to the '107 and '471 Patents are Invalid for Failure to Satisfy the Statuatory Enablement/Utility Requirement #120 filed by Defendant Puritan's Pride, Inc. (Attachments: #1 Exhibit 1)(Singer, Benjamin) |
| Filing 121 DECLARATION of Benjamin L. Singer support of Defendant Puritan's Pride, Inc.'s Motion for Summary Judgment MOTION for Summary Judgment as to the '107 and '471 Patents are Invalid for Failure to Satisfy the Statuatory Enablement/Utility Requirement #120 filed by Defendant Puritan's Pride, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Singer, Benjamin) |
| Filing 120 NOTICE OF MOTION AND MOTION for Summary Judgment as to the '107 and '471 Patents are Invalid for Failure to Satisfy the Statuatory Enablement/Utility Requirement filed by Defendant Puritan's Pride, Inc. Motion set for hearing on 4/22/2013 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Statement of Uncontroverted Facts in Support of Puritan's Pride, Inc.'s Motion for Summary Judgment, #2 Proposed Order Granting Puritan's Pride, Inc.'s Motion for Summary Judgment)(Singer, Benjamin) |
| Filing 119 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Ferrell, Scott) |
| Filing 118 NOTICE of Change of address by Scott J Ferrell attorney for Plaintiff The Tawnsaura Group, LLC, Counter Defendant The Tawnsaura Group, LLC. Changing attorneys address to 4100 Newport Place, Suite 800, Newport Beach, CA 92660. Filed by Plaintiff The Tawnsaura Group, LLC, Counter Defendant The Tawnsaura Group, LLC. (Ferrell, Scott) |
| Filing 117 NOTICE of Change of address by Richard H Hikida attorney for Plaintiff The Tawnsaura Group, LLC, Counter Defendant The Tawnsaura Group, LLC. Changing attorneys address to 4100 Newport Place, Suite 800, Newport Beach, CA 92660. Filed by Plaintiff The Tawnsaura Group, LLC, Counter Defendant The Tawnsaura Group, LLC. (Hikida, Richard) |
| Filing 116 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC, Counter Defendant The Tawnsaura Group, LLC. (Ferrell, Scott) |
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Filing 115
ORDER by Judge S. James Otero Granting by William R. Trueba, Jr. to appear on behalf of Defendant Vitacost.com, Inc.Robert W. Payne is designated as local counsel. Fee Paid in 8:12-CV-1397. (lt)
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| Filing 114 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit)(Ferrell, Scott) |
| Filing 113 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit 1)(Ferrell, Scott) |
| Filing 112 Notice of Withdrawal of Status Report #110 filed by plaintiff and counter-defendant The Tawnsaura Group, LLC. (Woods, Tyler) |
| Filing 111 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit 1)(Woods, Tyler) |
| Filing 110 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Woods, Tyler) |
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Filing 109
MINUTE ORDER IN CHAMBERS by Judge S. James Otero: The Court is in receipt of the STIPULATION to Dismiss Case pursuant to FRCP 41(a)(1)(A)(ii) filed byplaintiff and counter-defendant The Tawnsaura Group, LLC #108 . The Court hereby dismisses Defendant Maximum only and its counterclaim. The Court further orders that this Lead case remains open. (lc)
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| Filing 108 STIPULATION to Dismiss Case pursuant to FRCP 41(a)(1)(A)(ii) filed by plaintiff and counter-defendant The Tawnsaura Group, LLC.(Woods, Tyler) |
| Filing 107 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC, Counter Defendant The Tawnsaura Group, LLC. (Woods, Tyler) |
| Filing 106 ANSWER to Answer to Complaint (Discovery), Counterclaim #87 filed by plaintiff and counter-defendant The Tawnsaura Group, LLC.(Woods, Tyler) |
| Filing 105 TRANSCRIPT ORDER re: Status Conference, Scheduling Conference, Set/Reset Deadlines/Hearings,,,,,,,,, #92 , as to Defendant Ultimate Nutrition, Inc. Court Smart (CS). Court will contact Janeth Ochoa at [email protected] with any questions regarding this order. Transcript portion requested: Voir Dire on 1/8/13 by Courtsmart. Pre-Trial Proceeding: 7/14/14. Other: Scheduling/Status Conference 1/8/13. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Doroshow, James) |
| Filing 104 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Transcript Designation and Ordering Form (G-120) #103 . The following error(s) was found: THIS IS A RECORDED PROCEEDING. PLEASE REFILE USING THE COURTSMART SELECTION. Transcript deadline terminated. You must electronically refile the above referenced Request for Transcript in this case to correct this deficiency. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(mw) TEXT ONLY ENTRY |
| Filing 103 TRANSCRIPT ORDER as to Defendant Ultimate Nutrition, Inc. Court Reporter. Court will contact Janeth Ochoa at [email protected] with any questions regarding this order. Transcript portion requested: Voir Dire on 1/8/13 by Margarita Ramirez. Pre-Trial Proceeding: 7/14/14. Other: Scheduling/Status Conference - 1/8/13. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Doroshow, James) |
| Filing 102 TRANSCRIPT ORDER as to defendant Nutraceutical Corp. Court Reporter. Court will contact Ana Villanueva at [email protected] with any questions regarding this order. Transcript portion requested: Voir Dire on 1/8/13 Margarita Ramirez. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Caine, David) |
| Filing 101 NOTICE OF FILING TRANSCRIPT filed for proceedings 1/8/13 9:58 a.m. re Transcript #100 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ha) TEXT ONLY ENTRY |
| Filing 100 TRANSCRIPT for proceedings held on 1/8/13 9:58 a.m.. Court Reporter/Electronic Court Recorder: HUNTINGTON COURT REPORTERS, phone number 1-800-586-2988. 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 2/22/2013. Redacted Transcript Deadline set for 3/4/2013. Release of Transcript Restriction set for 5/2/2013. (ha) |
| Filing 99 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit A)(Woods, Tyler) |
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Filing 98
ORDER by Judge S. James Otero: granting #95 Application to Appear Pro Hac Vice by Attorney Peter Phillips on behalf of defendants, designating Steven Karic as local counsel. (ak)
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Filing 97
MINUTE ORDER IN CHAMBERS by Judge S. James Otero:chambers): ORDER REGARDING THE POTENTIAL FOR MULTIDISTRICT LITIGATION. The Court has not been made aware of any case filed outside of the Central District of California that would be related to this case under L.R. 83-1.3.1. if the case were filed here, i.e., a case that appears: (a) To arise from the same or a closely related transaction, happening or event; or (b) To call for determination of the same or substantially related or similar questions of law and fact; or(c) For other reasons would entail substantial duplication of labor if heard bydifferent judges; or (d) To involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c is present.L.R. 83-1.3.1.If there are any such cases pending now or in the future, the parties are ordered to bring them to the Court's attention. If there are no such cases, that may be because each of the cases and potential cases that Plaintiff The Tawnsaura Group, LLC has identified, or that potential declaratory relief plaintiffs have considered, could properly be filed in this district.If, however, any such cases are filed in other districts and not transferred to this district pursuant to 28 U.S.C. 1404(a), the Judicial Panel on Multidistrict Litigation may well decide (1) to transfer such actions to a single district for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. 1407, and (2) that this Court would be the logical transferee court given its experience with the related cases filed to date. See Manual for Complex Litigation, Fourth, 20.13 (2004). The Court informs the parties that it would be willing to accept such transfer. (lc)
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| Filing 96 TRANSCRIPT ORDER as to plaintiff The Tawnsaura Group, LLC Court Reporter. Court will contact Jeanette Francis at [email protected] with any questions regarding this order. Transcript portion requested: Other: 1/8/13. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Woods, Tyler) |
| Filing 95 APPLICATION for attorney Steven S. Karic to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant Maximum Human Performance LLC. (Attachments: #1 Peter J. Philips' Certification of Good Standing, #2 Pro Hac Vice Application Fee Receipt, #3 Proposed Order)(Karic, Steven) |
| Filing 94 TRANSCRIPT ORDER as to Defendants BPI Sports Holdings, LLC, Image Sports, LLC Court Smart (CS). Court will contact Carl Gismervig at [email protected] with any questions regarding this order. Transcript portion requested: Other: Scheduling/Status Conference. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Akerley, Stephen) |
| Filing 93 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Ferrell, Scott) |
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Filing 91
MINUTE ORDER IN CHAMBERS by Judge S. James Otero: ORDER MODIFYING DISCOVERY LIMITATIONS. (REFER TO DOCUMENT FOR SPECIFIC DETAILS AND INSTRUCTIONS THEREIN). (lc)
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Filing 90
MINUTE ORDER IN CHAMBERS by Judge S. James Otero:ORDER REGARDING E-DISCOVERY. Pursuant to the Court's statements on the record at the January 8, 2013 scheduling conference and Federal Rule of Civil Procedure 16, the Court issues the following Order governing discoveryof Electronically Stored Information ("ESI") in these coordinated actions: (SEE DOCUMENT FOR SPECIFIC DETAILS AND INSTRUCTIONS THEREIN). (lc)
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| Filing 89 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Ferrell, Scott) |
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Filing 88
ORDER by Judge S. James Otero: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Now Health Group Answer to Complaint #85 ; and Vital Pharmaceuticals Answer to Complaint (Discovery) #81 , for the following reasons: Failure to comply with Court Order date 9/25/12;Court order states that"...parties shall enter their appearances in the individual cases...". Responsive pleadings pertaining to it's individual party only shall be filed in it's own individual case. The answers arestricken with leave to re-file in it's own individual case. (lc)
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| Filing 86 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Now Health Group Answer to Complaint #85 . The following error(s) was found: Per specific Tawnsaura Group Case Minute Order date 11/7/12, incorrect procedure in that answer was filed on this lead case in error, should have filed it under its own specific case SA 12-1401 SJO(AGRx). 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. (lc) |
| Filing 87 ANSWER to Amended Complaint #20 with Jury Demand, COUNTERCLAIM against The Tawnsaura Group, LLC filed by defendant Maximum Human Performance LLC.(lc) (lc). Modified on 1/11/2013 (lc). |
| Filing 85 ANSWER to Amended Complaint #20 (Underlying Case No: 8:12-cv-01401-SJO (AGR)) filed by Defendant Now Foods Inc.(Azlin, Kristina) Modified on 1/11/2013 (lc). (STRICKEN PER 1/11/13 ORDER) |
| Filing 84 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit 1)(Ferrell, Scott) |
| Filing 83 Notice of Lodging Powerpoint Presentation Presented by Plaintiff at the January 8, 2013 Technology Tutorial filed by Plaintiff The Tawnsaura Group, LLC (Attachments: #1 Exhibit Plaintiff's Tech Tutorial)(Woods, Tyler) |
| Filing 82 REQUEST to Substitute attorney Monty Agarwal in place of attorney D. Jay Ritt filed by Defendant USP Labs, LLC. (Attachments: #1 Proposed Order)(Ritt, D) Modified on 11/27/2013 (lc). (STRICKEN PER 11/27/13 ORDER) |
| Filing 81 ANSWER to Amended Complaint #20 with JURY DEMAND filed by Defendant Vital Pharmaceuticals, Inc.(Yang, Elizabeth) Modified on 1/11/2013 (lc). (STRICKEN PER 1/11/13 ORDER) |
| Filing 92 MINUTES OF Scheduling/Status Conference held before Judge S. James Otero: COURT SETS DATES IN THIS MATTER AND ALL RELATED CASES. ALL RELATED CASES ARE TO ABIDE BY THE SCHEDULE (SEE DOCUMENT FOR ENTIRE LIST OF SPECIFIC EVENTS AND DEADLINES). Amended Pleadings due by 2/7/2013. Final Pretrial Conference set for 7/14/2014 09:00 AM. Jury Trial set for 8/4/2014 09:00 AM. The Court refers this case and all related cases to Magistrate Judge Rosenberg fordiscovery. The Court will limit the parties to seven (7) claim terms for construction. The Court encourages parties to be as specific as possible. The Court intends to adopt either plaintiff or defendant's claim construction.The Court will not grant extensions on discovery.Court Recorder: CS 1/8/13. (lc) |
| Filing 80 NOTICE of Appearance filed by attorney Michael Duy Khiem Nguyen on behalf of Defendant Nutraceutical Corporation (Nguyen, Michael) |
| Filing 79 NOTICE of Change of Attorney Information for attorney Glenn W Trost counsel for Defendant Vital Pharmaceuticals, Inc. Changing Firm Name to Novak Druce Connolly Bove + Quigg LLP. Changing e-mail to [email protected]. Filed by Defendant Vital Pharmaceuticals, Inc. (Trost, Glenn) |
| Filing 78 NOTICE of Change of Attorney Information for attorney Elizabeth Yang counsel for Defendant Vital Pharmaceuticals, Inc. Changing Firm Name to Novak Druce Connolly Bove + Quigg LLP. Changing E-mail to [email protected]. Filed by Defendant Vital Pharmaceuticals, Inc. (Yang, Elizabeth) |
| Filing 77 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Woods, Tyler) |
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Filing 76
ORDER by Judge S. James Otero: granting #69 Application to Appear Pro Hac Vice by Attorney Steven Jedlinski on behalf of defendant Now Foods Inc, designating Kristina Azlin as local counsel. (ak)
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| Filing 75 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Ferrell, Scott) |
| Filing 74 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER DENYING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) #27 . (lc) |
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Filing 73
MINUTES (IN CHAMBERS): ORDER by Judge S. James Otero: granting #25 Vital Pharmaceutical Notice of Joinder of Defendants Motion to Dismiss Plaintiffs Complaint Pursuant to Federal Rule of Civil Procedure (Docket No. 25 toMaster Case No. 2:12-cv-07189 SJO (AGRx). (lc)
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| Filing 72 NOTICE of Interested Parties filed by defendant Isatori, Inc. (Elliott, Richard) |
| Filing 71 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit 1)(Ferrell, Scott) |
| Filing 70 JOINT PROPOSED AGENDA FOR JANUARY 8, 2013 CONFERENCE filed by Defendants ABB Performance, LLC, BPI Sports Holdings, LLC, Betancourt Nutrition, Inc., CytoSport, Inc., Force Factor LLC, Image Sports, LLC, Maximum Human Performance LLC, Optimum Nutrition, Inc., Twinlab Corporation (Silverman, Daniel) |
| Filing 69 APPLICATION for attorney Steven E. Jedlinski to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-11414865 paid.) filed by Defendant Now Foods Inc. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order, #3 Proof of Service)(Azlin, Kristina) |
| Filing 68 REPLY in suport of MOTION TO DISMISS PLAINTIFFS COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) filed by Defendants BPI Sports Holdings, LLC, Image Sports, LLC. (Akerley, Stephen) |
| Filing 67 JOINDER in MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #25 filed by Defendant Optimum Nutrition, Inc.. (Attachments: #1 Declaration of Daniel S. Silverman ISO Notice of Joinder, #2 Proposed Order)(Silverman, Daniel) |
| Filing 66 JOINDER in MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #25 filed by Defendant Bio-Engineered Supplements and Nutrition, Inc. (Attachments: #1 Declaration of Daniel S. Silverman ISO Notice of Joinder, #2 Proposed Order)(Silverman, Daniel) |
| Filing 65 JOINDER in MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #25 filed by Defendant CytoSport, Inc.. (Attachments: #1 Declaration Jed H. Hansen ISO Notice of Joinder, #2 Proposed Order)(Silverman, Daniel) |
| Filing 64 NOTICE Evogen's Notice to Join in Defendants' Motion to Dismiss filed by Defendant Evogen, Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Dallmann, Andrew) |
| Filing 63 JOINDER filed by Defendant Sechel Holdings, Inc. joining in MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #25 , Errata,,,, #27 . (Attachments: #1 Declaration DECLARATION OF IAN A. STEWART IN SUPPORT OF SECHEL HOLDINGS, INC. DBA ERGOGENIXS JOINDER TO DEFENDANTS MOTION TO DISMISS PLAINTIFFS COMPLAINT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(6))(Stewart, Ian) |
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Filing 62
ORDER by Judge S. James Otero: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTIONS for Joinder #57 , #61 , for the following reasons: Hearing information is missing, incorrect, or not timelY;Documents filed as motions are untimely and not in compliance with Local rule 6-1. (lc)
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| Filing 61 NOTICE OF MOTION AND MOTION for Joinder in MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #25 filed by Defendant CytoSport, Inc.. (Attachments: #1 Declaration Jed H. Hansen In Support of Motion to Join, #2 Proposed Order)(Silverman, Daniel) Modified on 12/14/2012 (lc).(STRICKEN PE 12/14/12 ORDER). |
| Filing 60 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit 1)(Ferrell, Scott) |
| Filing 59 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Lodging #58 . The following error(s) was found: No link to the party filer (only shows attorney); No history of patents was attached to the docket entry. 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. (lc) |
| Filing 58 NOTICE OF LODGING filed Certified Patents re Minutes of In Chambers Order/Directive - no proceeding held, Lifting Stay, Set/Reset Deadlines/Hearings,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #22 (Ferrell, Scott) |
| Filing 57 NOTICE OF MOTION AND MOTION for Joinder in MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #25 , Errata,,,, #27 , MOTION to Dismiss Case filed by defendant Sechel Holdings, Inc.. Motion set for hearing on 12/17/2012 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Declaration DECLARATION OF IAN A. STEWART IN SUPPORT OF SECHEL HOLDINGS, INC. DBA ERGOGENIXS NOTICE OF MOTION AND MOTION TO JOIN DEFENDANTS MOTION TO DISMISS PLAINTIFFS COMPLAINT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(6))(Stewart, Ian) Modified on 12/14/2012 (lc). (STRICKEN PE 12/14/12 ORDER). |
| Filing 56 NOTICE of Appearance filed by attorney Jeanne A Fugate on behalf of Defendant All American Pharmaceutical and Natural Foods Corporation (Fugate, Jeanne) |
| Filing 55 NOTICE of Appearance filed by attorney Jeanne A Fugate on behalf of Defendant All American Pharmaceutical and Natural Foods Corporation (Fugate, Jeanne) |
| Filing 54 NOTICE of Appearance filed by attorney Ian A Stewart on behalf of Defendant Sechel Holdings, Inc. (Stewart, Ian) |
| Filing 53 MINUTES (IN CHAMBERS) by Judge S. James Otero: The Court finds these matters suitable for disposition without oral argument and vacates the hearing re the Motion to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(B)(6) filed by Defendants BPI Sports Holdings, LLC, Image Sports, LLC. #25 , set for hearing on December 17, 2012, and the Motion to Dismiss Case filed by Defendant ISS Research LLC #29 , set for December 31, 2012. See Fed. R. Civ. P. 78(b). No appearance is required. (lc) |
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Filing 52
PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order #47 . SEE ORDER FOR DETAILS. **** NOTE CHANGES MADE BY THE COURT. ***** (mp)
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| Filing 51 Opposition Opposition re: MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #25 , MOTION to Dismiss Case #29 filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Proposed Order)(Ferrell, Scott) |
| Filing 50 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Ferrell, Scott) |
| Filing 49 NOTICE of Association of Counsel associating attorney Richard J. Elliott on behalf of Defendant Isatori, Inc. Filed by Defendant Isatori, Inc (Elliott, Richard) |
| Filing 48 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents) #44 . The following error(s) was found: Incorrect event selected. The correct event is: service of Summons and Complaint returned executed 21 days. 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. (lc) |
| Filing 47 STIPULATION for Protective Order filed by Defendant Maximum Human Performance LLC. (Attachments: #1 Proposed Order)(Silverman, Daniel) |
| Filing 46 JOINT REPORT Rule 26(f) Discovery Plan filed by Defendant Maximum Human Performance LLC.. (Silverman, Daniel) |
| Filing 45 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Ferrell, Scott) |
| Filing 44 Proof of Service OF SERVICE filed by plaintiff The Tawnsaura Group, LLC, re Amended Complaint #20 served on First Amended Complaint. (Ferrell, Scott) |
| Filing 43 NOTICE of Appearance filed by attorney James E Doroshow on behalf of Defendant Ultimate Nutrition Products Inc (Doroshow, James) |
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Filing 42
ORDER by Judge S. James Otero: World Health Products, LLCs Motion to JoinDefendants Motion to Dismiss Plaintiffs Complaint Pursuant to Federal Rule ofCivil Procedure (Docket No. 27 to Master Case No. 2:12cv07189 SJO(AGRx)) the Court hereby GRANTS the Motion to Join Defendants Motion to Dismiss. (lc)
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| Filing 40 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: World Health Notice (Other), #36 Pdf is a Motion. The following error(s) was found: Incorrect event selected and as a result NO.Hearing was calendared.. The correct event is: Motion: Joinder. follow prompts to select date and Judge. 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. (lc) |
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Filing 39
MINUTE ORDER IN CHAMBERS by Judge S. James Otero: ORDER WITHDRAWING ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR PLAINTIFF'S FAILURE TO CONSENT TO ISS RESEARCH, LLC'S MOTION TO JOIN DEFENDANTS' MOTION TO DISMISS PLAINTIFF'SCOMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) #34 . (lc)
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Filing 38
MINUTE ORDER IN CHAMBERS by Judge S. James Otero: ORDER GRANTING IN PART STIPULATION ON BRIEFING SCHEDULE RE DEFENDANTS' MOTION TO DISMISS #28 , SETTINGTECHNOLOGY TUTORIAL, CASE OVERVIEW, AND SCHEDULING CONFERENCE #22 .The Moving Defendants and Plaintiff jointly requested an adjustment to the briefing schedule such that Plaintiff's Opposition to the Motion to Dismiss would be due on or before December 6, 2012, and Defendants' Reply in Support of the Motion to Dismiss would be due on or before December 17, 2012. The parties' joint request for that schedule is GRANTED. The Moving Defendants and Plaintiff also jointly requested a hearing on the Motion to Dismiss on December 31, 2012. That request is DENIED. The Court will evaluate hearing timing at a later date.RE TECHNOLOGY TUTORIAL, CASE OVERVIEW, AND SCHEDULING CONFERENCE:Rather than waiting to schedule the technology tutorial, case overview, and scheduling conference until after Plaintiff has served all Defendants as previously contemplated, the Court now sets the proceeding for Tuesday, January 8, 2013, at 9:30 a.m. Plaintiff shall exercise its best efforts to serve all remaining defendants as soon as possible, and as previously ordered, shall file a status report by November 29, 2012, indicating the status of service on the remaining defendants. If service has not been completed by that date, Plaintiff shall file a status report every week thereafter until service has been completed. On or before December 20, 2012, the parties shall file a detailed joint proposed agenda indicating how long each side proposes to spend on each subject and which lawyer will be conducting which portion of the proceeding. This submission shall be a single integrated proposal, and shall not consist of dueling proposals.The Court sets the technology tutorial, case overview, and scheduling conference for Tuesday, January 8, 2013, at 9:30 a.m. Plaintiff is ORDERED to immediately serve a copy of this order on all Defendants who have not yet filed appearances in the cases (and who therefore have not received a copy through the CM/ECF system). (lc)
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Filing 37
MINUTE ORDER IN CHAMBERS by Judge S. James Otero: The Court vacates the Order to Show Cause Hearing set for Monday, November 26, 2012. (lc)
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Filing 41
ORDER by Judge S. James Otero: ISS Research, LLCs Motion to Join Defendants Motion to Dismiss Plaintiffs Complaint Pursuant to Federal Rule of Civil Procedure (Docket No. 25 to Master Case No. 2:12cv07189 SJO(AGRx)) is Granted. this motion. (lc)
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| Filing 36 NOTICE OF MOTION AND MOTION TO JOIN DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6a) filed by Defendant World Health Products LLC. (Related to Dkt. #27 ) (Attachments: #1 Declaration of Ryan J. Marton In Support, #2 Proposed Order Granting Defendant World Health's Motion to Join Defendants' Motion to Dismiss Plaintiff's Complaint, #3 Certificate of Service)(Marton, Ryan) |
| Filing 35 DECLARATION of Declaration of David Stein Regarding Order to Show Cause Dkt #34 re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,,,,,, #34 , MOTION to Dismiss Case #29 filed by Defendant ISS Research LLC. (Stein, David) |
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Filing 34
MINUTE ORDER IN CHAMBERS by Judge S. James Otero: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR PLAINTIFF'S FAILURE TO CONSENT TO ISS RESEARCH, LLC'S MOTION TO JOIN DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) #29 . Plaintiff is ORDERED TO SHOW CAUSE why sanctions should not be imposed pursuant to 28 U.S.C. 1927 and the Court's inherent power to remedy unreasonable litigation conduct.Plaintiff shall file a response of up to four pages in length on or before Friday, November 23, 2012. The Court will hear the matter on Monday, November 26, 2012, at 10:00am. All of Plaintiff's counsel of record Richard H. Hikida, Scott J. Ferrell, and Tyler J. Woodsare required to attend. Counsel for ISS may attend the hearing but is not required to do so. (lc) Modified on 11/21/2012 (lc). Modified on 11/21/2012 (lc).
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| Filing 33 JOINDER in MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #25 filed by Defendant Anabol Naturals. (Katzenellenbogen, Benjamin) |
| Filing 32 DISCLOSURE INITIAL filed by Defendant Image Sports, LLC (Akerley, Stephen) |
| Filing 31 INITIAL DISCLOSURE filed by Defendant BPI Sports Holdings, LLC (Akerley, Stephen) |
| Filing 30 DISCLOSURE filed by Plaintiff The Tawnsaura Group, LLC (Woods, Tyler) |
| Filing 29 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant ISS Research LLC. Motion set for hearing on 12/31/2012 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Declaration of David M. Stein in Support of Defendant ISS Research LLC's Motion to Join Defendants' Motion to DIsmiss Plaintiff's Complaint Pursuant to Federal Rule of CIvil Procedure 12(b)(6), #2 Proposed Order re ISS Research, LLC dba Integrated Sports Science's Motion to Join Defendants' Motion to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6))(Stein, David) |
| Filing 28 Joint STIPULATION for Extension of Time to File Opposition and Reply to Motion to Dismiss filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Proposed Order Proposed Order)(Woods, Tyler) |
| Filing 27 NOTICE OF ERRATA filed by Defendants BPI Sports Holdings, LLC, Image Sports, LLC. correcting Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) #26 , MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #25 (Attachments: #1 DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, #2 Declaration of Stephen J. Akerley, #3 Exhibit A to the Declaration of Stephen J. Akerley, #4 Exhibit B to the Declaration of Stephen J. Akerley, #5 Exhibit C to the Declaration of Stephen J. Akerley, #6 Proposed Order)(Akerley, Stephen) Modified on 12/27/2012 (lc). |
| Filing 26 DECLARATION of STEPHEN J. AKERLEY IN SUPPORT MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #25 filed by Defendants BPI Sports Holdings, LLC, Image Sports, LLC. (Akerley, Stephen) |
| Filing 25 NOTICE OF MOTION AND MOTION to Dismiss Case DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Defendants BPI Sports Holdings, LLC, Image Sports, LLC. Motion set for hearing on 12/17/2012 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Akerley, Stephen) |
| Filing 24 NOTICE of Appearance filed by attorney Stephen J Akerley on behalf of Defendants BPI Sports Holdings, LLC, Image Sports, LLC (Akerley, Stephen) |
| Filing 23 NOTICE OF LODGING filed Patent Histories re Minutes of In Chambers Order/Directive - no proceeding held, Lifting Stay, Set/Reset Deadlines/Hearings,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #22 (Ferrell, Scott) |
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Filing 22
MINUTE ORDER IN CHAMBERS by Judge S. James Otero:ORDER LIFTING STAY EXCEPT AS TO DISCOVERY, DISMISSING PORTIONS OF THE OPERATIVE COMPLAINTS, REQUIRING JOINT RULE 26(f) SUBMISSION, PREPARATION FOR TECHNOLOGY TUTORIAL AND CASE OVERVIEW. This order applies to all of the related cases listed. Plaintiff's Indirect and Willful Infringement Claims Are Dismissed Without Prejudice to Seek Leave to Amend If Supported by Specific Facts Revealed in Discovery. Stay Lifted, Responses Due in 14 Days The Court hereby lifts the stay previously entered in the cases. All Defendants who have been served shall respond to the operative Complaint within 14 days. Given the Court's dismissal of the indirect and willful infringement claims, the Court anticipates that Defendants will respond via answer, rather than motion to dismiss. However, if issues other than the plausibility or specificity of the direct infringement claims need to be addressed by Rule 12(b) motion, the Court will consider them.Plaintiff may file a Second Amended Complaint in Case No. 8:12-cv-1558 to substitute Sechel Holdings, Inc. as the true name of the Defendant.Plaintiff is directed to file a status report by November 29, 2012, indicating the status of service on the remaining defendants. If service has not been completed by that date, Plaintiff shall file a status report every week thereafter until service has been completed. The Court will set thescheduling conference after all Defendants have been served.On or before November 13, 2012, Plaintiff shall lodge with the Court a certified copy of the file history for each asserted patent. The file histories shall each be printed double-sided, indexed, tabbed, and compiled in a 3-ring binder. In addition to the paper copy of the file histories, Plaintiff shall lodge an electronic copy on a CD-ROM, DVD, or USB thumb drive, in which each file history shall be a single PDF file with bookmarks corresponding to the tabs on the paper copy. Plaintiff shall provide an electronic copy of the file histories to any Defendant who requests it. Preparation for Scheduling Conference, Technology Tutorial, and Case Overview (see document for specifics). Coordination and Limitation of Discovery (see document for specifics). The parties shall exchange initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1)on or before November 21, 2012. Further discovery is stayed pending the scheduling conference.The parties shall meet and confer pursuant to Rule 26(f) on or before November 26, 2012. The parties shall file a joint Rule 26(f) submission covering all the Tawnsaura cases on or before December 3, 2012. The report shall address the matters specified (1) in Rule 26(f), (2) in this order, and (3) in the Court's Initial Standing Order. The parties may jointly submit a proposed protective order on or before December 3, 2012. If the parties are unable to agree on a protective order, the Court will enter the Northern District of California's Patent Local Rule 2-2 Interim Model Protective Order.Plaintiff is ORDERED to immediately serve a copy of this order on all Defendants who have notyet filed appearances in the cases (and who therefore have not received a copy through the CM/ECF system). (lc)
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| Filing 21 STATUS REPORT filed by Plaintiff The Tawnsaura Group, LLC. (Attachments: #1 Exhibit Table of Exhibits, #2 Exhibit Exhibits 1-28, #3 Exhibit Exhibits 29-58)(Ferrell, Scott) |
| Filing 20 FIRST AMENDED COMPLAINT against defendants Maximum Human Performance LLC amending Complaint - (Discovery), #1 Jury demand,filed by plaintiffs The Tawnsaura Group, LLC (lc) (lc). |
| Filing 19 NOTICE of Manual Filing filed by Plaintiff The Tawnsaura Group, LLC of First Amended Complaint. (Woods, Tyler) |
| Filing 18 SCHEDULING NOTICE by Judge S. James Otero. The Court refers counsel to the Court's Standing Order found on the Court's Website under Judge Otero's Procedures and Schedules. Please read this Order carefully. It governs this case and differs in some respect from the Local Rules. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(cch) TEXT ONLY ENTRY |
| Filing 17 NOTICE of Appearance filed by attorney Deborah A Feinblum on behalf of Defendant Maximum Human Performance LLC (Feinblum, Deborah) |
| Filing 16 NOTICE of Appearance filed by attorney Tamany Vinson Bentz on behalf of Defendant Maximum Human Performance LLC (Bentz, Tamany) |
| Filing 15 NOTICE of Appearance filed by attorney Daniel Scott Silverman on behalf of Defendant Maximum Human Performance LLC (Silverman, Daniel) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT filed by Defendant Maximum Human Performance LLC (Silverman, Daniel) |
| Filing 13 Certification and Notice of Interested Parties filed by Defendant Maximum Human Performance LLC, (Silverman, Daniel) |
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Filing 12
MINUTE ORDER IN CHAMBERS by Judge S. James Otero:ORDER RELATING, TRANSFERRING, COORDINATING, AND STAYING CASES, REQUIRING FILING AND SERVICE OF AMENDED COMPLAINTS AND STATUS REPORT BY OCTOBER 31, 2012 This order applies to, and shall be filed in, all of the cases listed below (the Tawnsaura Cases),which were filed by the Tawnsaura Group LLC and which include claims, inter alia, for infringement of United States patents 5,874,471 and 6,028,107. This order applies to any cases subsequently filed by the same plaintiff alleging infringement of the same patents. The Tawnsaura Cases are deemed related within the meaning of General Order 08-05 section 5 and Local Rule 83-1.3 because they will call for determination of the same and substantially similar questions of law or fact, will entail substantial duplication of labor if heard by differentjudges, and involve the same patents. The Tawnsaura Cases are hereby transferred to the docket of the Honorable S. James Otero. Pursuant to Federal Rule of Civil.Procedure 42, the Tawnsaura Cases are, until further order, coordinated for case management purposes. The Court will issue one protective order and one scheduling order to govern all of the cases. This orderdoes not constitute a determination that these actions should be consolidated for trial, nor doesit have the effect of making any entity a party to an action in which it has not been joined and served in accordance with the Federal Rules of Civil Procedure. The low-number case, The Tawnsaura Group LLC v. Maximum Human Performance LLC, 2:12-cv-07189-SJO-AGR, will serve as the master case file. All orders, pleadings, motions, and other documents will, when filed and docketed in the master case file, be deemed filed and docketed in each individual related case to the extent applicable. Parties shall enter their appearances in the individual cases, and the Clerk is directed to add all parties and attorneys from the individual cases to the master case file such that all counsel appearing in the individual cases will receive notifications for the master case file as well.If orders, pleadings, motions, or other documents are generally applicable to all consolidated actions, they shall include in their caption the notation that they relate to ALL CASES and be filed and docketed only in the master file. Documents intended to apply only to particular cases will indicate in their caption the case number of the case(s) to which they apply and will only be filed in the individual cases.The Tawnsaura cases are hereby STAYED pending, and with the exception of, the below described activity. All pending motions are hereby taken off calendar, and, if appropriate, can be re-filed with any necessary modification once the stay is lifted. Plaintiff is ORDERED to file and serve amended complaints for all of the Tawnsaura Cases by October 31, 2012.Plaintiff is ORDERED to file a status report with the court no later than October 31, 2012, certifying service of the amended complaints. No responsive pleadings may be filed until the Court lifts the stay; responsive pleadings will be due fourteen (14) days after the stay is lifted.Plaintiff is ORDERED to immediately serve a copy of this order on all Defendants who have not yet filed appearances in the cases (lc)
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| Filing 11 NOTICE of Change of Attorney Information for attorney Tyler J Woods counsel for Plaintiff Tawnsaura Group LLC.Kalman G. Magyar is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by plaintiff THE TAWNSAURA GROUP LLC (Woods, Tyler) |
| Filing 10 NOTICE of Change of Attorney Information for attorney Tyler J Woods counsel for Plaintiff Tawnsaura Group LLC. Adding Tyler J. Woods as attorney as counsel of record for THE TAWNSAURA GROUP, LLC for the reason indicated in the G-06 Notice. Filed by plaintiff THE TAWNSAURA GROUP LLC (Woods, Tyler) |
| Filing 9 SCHEDULING NOTICE by Judge S. James Otero. The Court refers counsel to the Court's Standing Order found on the Court's Website under Judge Otero's Procedures and Schedules. Please read this Order carefully. It governs this case and differs in some respect from the Local Rules. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(cch) TEXT ONLY ENTRY |
| Filing 8 WAIVER OF SERVICE Returned Executed filed by plaintiff Tawnsaura Group LLC. upon Maximum Human Performance LLC waiver sent by Plaintiff on 8/28/2012, answer due 10/27/2012. Waiver of Service signed by Craig R Lawson, Legal & Regulatory Affairs of Maximum Human Performance, LLC. (Ferrell, Scott) |
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Filing 7
ORDER TO TRANSFER CASE TO THE PATENT PILOT PROGRAM by Judge Dean D. Pregerson. Case transferred from Judge Dean D. Pregerson to Judge S. James Otero for all further proceedings. Case number now reads CV 12-07189 SJO(AGRx). (rn)
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| Filing 6 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Kalman G. Magyar for Plaintiff Tawnsaura Group LLC. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 4 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Tawnsaura Group LLC. (et) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Tawnsaura Group LLC. (et) (ds). |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Tawnsaura Group LLC. (et) (ds). |
| Filing 1 COMPLAINT against Defendant Maximum Human Performance LLC. Case assigned to Judge Dean D. Pregerson for all further proceedings. Discovery referred to Magistrate Judge Alicia G. Rosenberg.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Tawnsaura Group LLC.(et) (ds). |
| 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendant Maximum Human Performance LLC. (et) |
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