Joe Arroyo v. TP-Link USA Corporation et al
| Joe Arroyo |
| TP-Link USA Corporation, TP-Link Research Institute USA Corporation and TP-LINK Technologies Co., Ltd. |
| Joseph C Markowitz |
| Edelson PC |
| 2:2016cv01044 |
| February 16, 2016 |
| U.S. District Court for the Central District of California |
| Percy Anderson |
| Kenly Kiya Kato |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 7, 2017. A more recent docket listing may be available from PACER.
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Filing 192
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #189 filed by Edelson PC. CCA # 16-56668. The appellant's motion for voluntary dismissal is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). A copy of this order sent to the district court shall act as and for the mandate of this court. (mat)
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| Filing 191 DESIGNATION of Record on Appeal by Appellant Edelson PC re #189 (Mathieson, Anna-Rose) |
| Filing 190 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 16-56668 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #189 as to Appellant Edelson PC. (mat) |
| Filing 189 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Former counsel for plaintiff Edelson PC. Appeal of Order Dismissing Case #188 , Order on Motion for Reconsideration,, Motion Hearing, #157 , Order on Motion to Appear Pro Hac Vice,,,, #145 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-18850795.) (Attachments: #1 Representation Statement)(Mathieson, Anna-Rose) |
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Filing 188
ORDER RE: STIPULATION FOR DISMISSAL WITH PREJUDICE by Judge Percy Anderson, re Stipulation to Dismiss Case #186 . Case Terminated. Made JS-6. (mrgo)
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Filing 187
SEALED DOCUMENT-MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. **DOCUMENT SEALED** (mrgo)
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| Filing 186 Joint STIPULATION to Dismiss Case pursuant to AGREEMENT OF THE PARTIES filed by DEFENDANT TP-Link USA Corporation. (Attachments: #1 PROPOSED ORDER)(Auyang, Heather) |
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Filing 185
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. The Court has been advised by counsel that this matter has settled. The parties have ten (10) days from the date of this order or until the next scheduled court appearance, whichever is shorter, to file with the court a dismissal of the action or to appear, in-person or telephonically with their clients, to place the settlement on the record. The parties may contact the deputy clerk of the court to calendar the appearance. If the parties do not dismiss the action or do not place the settlement on the record, the matter will remain on the Court's active trial calendar with all pretrial and trial dates in effect. IT IS SO ORDERED. (lom)
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| Filing 184 MEDIATION REPORT filed by Mediator (ADR Panel) Joseph C Markowitz: A mediation did not take place because the case settled before the session occurred.(Markowitz, Joseph) |
| Filing 183 NOTICE OF MEDIATION DATE filed. Mediation set for 10/18/16.(Markowitz, Joseph) |
| Filing 182 NOTICE OF FILING TRANSCRIPT filed for proceedings 06-01-16, 2:01 pm re Transcript #181 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Algorri, Miranda) TEXT ONLY ENTRY |
| Filing 181 TRANSCRIPT for proceedings held on 06-01-16, 2:01 pm. Court Reporter/Electronic Court Recorder: Miranda Algorri, phone number/email [email protected]. 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 10/13/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/21/2016. (Algorri, Miranda) |
| Filing 180 NOTICE of Change of address by Enoch H Liang attorney for Defendant TP-Link USA Corporation. Changing attorneys address to 300 South Grand Avenue, 14th Floor, Los Angeles, CA 90071 (effective September 21, 2016). Filed by Defendant TP-Link USA Corporation. (Liang, Enoch) |
| Filing 179 ANSWER to Amended Complaint/Petition #156 JURY DEMAND. filed by Defendant TP-Link USA Corporation.(Auyang, Heather) |
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Filing 178
MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #159 MOTION to Strike ; #160 MOTION to Dismiss for Lack of Jurisdiction. TP-Link USAs Motion to Strike Class Allegations is granted, and its Motion to Dismiss is denied. The class allegations in the Second Amended Complaint are hereby stricken. (mrgo)
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| Filing 177 TEXT ONLY ENTRY by Judge Percy Anderson. On the Court's own motion, the Court vacates the hearing on the Motion to Dismiss #160 and Motion to Strike #159 , previously scheduled for 7/25/2016 at 1:30 p.m. No appearance is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY |
| Filing 176 REPLY IN SUPPORT NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction SECOND AMENDED COMPLAINT [DKT. 156] #160 filed by Defendant TP-Link USA Corporation. (Attachments: #1 SECOND DECLARATION OF TIMOTHY FOX IN SUPPORT OF DEFENDANT TP-LINK USA CORPORATION'S MOTION TO DISMISS AND EXHIBITS A-E, #2 DECLARATION OF HOWARD HE IN SUPPORT OF DEFENDANT TP-LINK USA CORPORATION'S MOTION TO DISMISS)(Auyang, Heather) |
| Filing 175 REPLY IN SUPPORT NOTICE OF MOTION AND MOTION to Strike Amended Complaint/Petition #156 RELATED TO CLASS ALLEGATIONS #159 filed by Defendant TP-Link USA Corporation. (Attachments: #1 SECOND DECLARATION OF TIMOTHY FOX IN SUPPORT OF DEFENDANT TP-LINK USA CORPORATION'S MOTION TO STRIKE CLASS ALLEGATIONS AND EXHIBIT A)(Auyang, Heather) |
| Filing 174 OPPOSITION to NOTICE OF MOTION AND MOTION to Strike Amended Complaint/Petition #156 RELATED TO CLASS ALLEGATIONS #159 filed by Plaintiff Joe Arroyo. (Attachments: #1 Proposed Order)(Senoff, David) |
| Filing 173 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction SECOND AMENDED COMPLAINT [DKT. 156] #160 filed by Plaintiff Joe Arroyo. (Attachments: #1 Proposed Order)(Courtney, John) |
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Filing 172
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Percy Anderson: granting #167 APPLICATION to Amend/Correct APPLICATION to Correct Response By Court to Notice of Deficiencies (G-112B), #166 , APPLICATION of Non-Resident Attorney David S. Senoff to Appear Pro Hac Vice on behalf of Plaintiff Joe Arroyo (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18006 #167 (lt)
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Filing 171
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Percy Anderson: granting #168 Non-Resident Attorney Melissa F. Hague APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, designating John K. Courtney as local counsel. (lt)
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Filing 170
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. On February 16, 2016, plaintiff's counsel, Alicia Elaine Hwang and Benjamin S. Thomassen of the Edelson PC firm were each issued a Notice of Pro Hac Vice Application and Filing Fee Due that warned "[t]he Judge to whom this case is assigned will be notified if the required fee, application and/or other documentation are not received within thirty (30) days of the date of this notice. The Judge may impose sanctions at that time." To date, no application has been filed for either Ms. Hwang or Mr. Thomassen. Accordingly, Alicia Elaine Hwang and Benjamin S. Thomassen are terminated as counsel of record for plaintiff Joe Arroyo. IT IS SO ORDERED. (lom)
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| Filing 168 APPLICATION of Non-Resident Attorney Melissa F. Hague to Appear Pro Hac Vice on behalf of Plaintiff Joe Arroyo (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18035495) filed by Plaintiff Joe Arroyo. (Attachments: #1 Letter Certificate of Good Standing, #2 Proposed Order) (Courtney, John) |
| Filing 167 APPLICATION to Correct Response By Court to Notice of Deficiencies (G-112B), #166 , APPLICATION of Non-Resident Attorney David S. Senoff to Appear Pro Hac Vice on behalf of Plaintiff Joe Arroyo (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18006595) #161 filed by Plaintiff Joe Arroyo. (Attachments: #1 Letter Certificate of Good Standing, #2 Proposed Order) (Courtney, John) |
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Filing 169
ORDER GRANTING THE PARTIES' STIPULATION TO CONTINUE HEARING ON DEFENDANT TP-LINK USA CORPORATIONS MOTION TO STRIKE CLASS ALLEGATIONS FROM THE SECOND AMENDED COMPLAINT AND MOTION TO DISMISS FOR LACK OF JURISDICTION by Judge Percy Anderson: Please refer to the Court's order for specifics. (cr)
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Filing 165
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Percy Anderson: granting #162 Non-Resident Attorney Sol H. Weiss APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs, designating John K. Courtney as local counsel. (lt)
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| Filing 166 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney David S. Senoff to Appear Pro Hac Vice on behalf of Plaintiff Joe Arroyo #161 by Clerk. The document is stricken and counsel is ordered to file an amended or corrected document by 6/22/2016. (lom) |
| Filing 164 Joint STIPULATION to Continue Hearing on Defendant TP-Link USA Corp.'s Motion to Strike Class Allegations from the Second Amended Complaint and Motion to Dismiss the Second Amended Complaint from July 11, 2016 to July 25, 2016 Re: NOTICE OF MOTION AND MOTION to Strike Amended Complaint/Petition #156 RELATED TO CLASS ALLEGATIONS #159 , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction SECOND AMENDED COMPLAINT [DKT. 156] #160 filed by Plaintiff Joe Arroyo. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Courtney, John) |
| Filing 163 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION of Non-Resident Attorney David S. Senoff to Appear Pro Hac Vice on behalf of Plaintiff Joe Arroyo (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18006595) #161 . The following error(s) was found: Other error(s) with document(s) are specified below: Applicant failed to list state courts where they are admitted. Only listed appellate and district courts. See Instructions for Applicants (1)(G-64). 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. (lt) |
| Filing 162 APPLICATION of Non-Resident Attorney Sol H. Weiss to Appear Pro Hac Vice on behalf of Plaintiff Joe Arroyo (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18006950) filed by Plaintiff Joe Arroyo. (Attachments: #1 Letter Certificate of Goo d Standing, #2 Proposed Order) (Courtney, John) |
| Filing 161 DOCUMENT IS STRICKEN - APPLICATION of Non-Resident Attorney David S. Senoff to Appear Pro Hac Vice on behalf of Plaintiff Joe Arroyo (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18006595) filed by Plaintiff Joe Arroyo. (Attachments: #1 Letter Certificate of Good Standing, #2 Proposed Order) (Courtney, John) Modified on 6/17/2016 (lom). |
| Filing 160 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction SECOND AMENDED COMPLAINT [DKT. 156] filed by DEFENDANT TP-Link USA Corporation. Motion set for hearing on 7/11/2016 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 DECLARATION OF TIMOTHY FOX AND EXHIBITS A-D, #2 PROPOSED ORDER) (Auyang, Heather) |
| Filing 159 NOTICE OF MOTION AND MOTION to Strike Amended Complaint/Petition #156 RELATED TO CLASS ALLEGATIONS filed by DEFENDANT TP-Link USA Corporation. Motion set for hearing on 7/11/2016 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 DECLARATION OF TIMOTHY FOX AND EXHIBIT A, #2 PROPOSED ORDER) (Auyang, Heather) |
| Filing 158 NOTICE of Change of Attorney Business or Contact Information: for attorney Heather F Auyang counsel for Defendant TP-Link USA Corporation. Changing FIRM NAME to LTL ATTORNEYS LLP. Filed by Defendant TP-LINK USA Corporation. (Auyang, Heather) |
| Filing 157 MINUTES OF Telephonic Status Conference held before Judge Percy Anderson: For reasons stated on the record, the Court denies plaintiffs Motion for Reconsideration re: Order on Motion to Appear Pro Hac Vice (docket entry #150 ). Court Reporter: Miranda Algorri. (kss) |
| Filing 156 Second AMENDED COMPLAINT against Defendant TP-Link USA Corporation amending Amended Complaint, #71 , filed by Plaintiff Joe Arroyo(Courtney, John) |
| Filing 155 TEXT ONLY ENTRY by Judge Percy Anderson. On the Court's own motion, the Court sets a further Telephone Status Conference for Wednesday, 6/1/2016 at 11:00 a.m. before Judge Percy Anderson. The Deputy Clerk will initiate the conference call. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
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Filing 154
ORDER by Judge Percy Anderson GRANTING Request for Approval of Substitution of Attorney John K Courtney for Joe Arroyo in place and stead of Todd Michael Logan #149 . (jp)
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| Filing 153 MINUTES OF Telephonic Status Conference before Judge Percy Anderson: Cause called; appearances made. Court and counsel confer about the status of the case. Court Reporter: Maria Bustillos. (jp) |
| Filing 152 NOTICE TP-LINK USA CORPORATION'S NOTICE THAT IT WILL NOT SEEK RECUSAL OF JUDGE ANDERSON filed by DEFENDANT TP-Link USA Corporation. (Auyang, Heather) |
| Filing 151 TEXT ONLY ENTRY by Judge Percy Anderson. On the Court's own motion, the Court sets a Telephone Conference for Wednesday, 5/25/2016 at 2:00 PM before Judge Percy Anderson. The Deputy Clerk will initiate the conference call. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
| Filing 150 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Appear Pro Hac Vice,,,, #145 by Edelson PC filed by Plaintiff Joe Arroyo. Motion set for hearing on 7/11/2016 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Ari J. Scharg ISO Motion for Limited Reconsideration, #2 Declaration of Jay Edelson ISO Motion for Limited Reconsideration, #3 Declaration of Rafay Balabanian ISO Motion for Limited Reconsideration, #4 Proposed Order) (Attorney Richard E Drooyan added to party Joe Arroyo(pty:pla)) (Drooyan, Richard) |
| Filing 149 REQUEST TO SUBSTITUTE ATTORNEY John K. Courtney in place of attorney Todd Logan filed by plaintiff Joe Arroyo. (Attachments: #1 Proposed Order) (Logan, Todd) |
| Filing 148 MINUTES (IN CHAMBERS) by Judge Percy Anderson: TP-Link China's #105 MOTION to Dismiss is granted. TP-Link China is hereby dismissed from this action. TP-Link USA's Motion to Dismiss #113 is granted in part and denied in part. Plaintiff shall have until May 30, 2016 to file a Second Amended Complaint. If Plaintiff does not file a Second Amended Complaint by that date, TP-Link USA shall file an Answer to the First Amended Complaint by 6/13/2016. Failure to file an Answer by that date may result in the entry of default. (mg) |
| Filing 147 STATEMENT Compliance filed by Plaintiff Joe Arroyo re: Order on Motion to Appear Pro Hac Vice,,,, #145 . (Logan, Todd) |
| Filing 146 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Joseph C Markowitz has been assigned to serve as Panel Mediator. (mb) |
| Filing 145 MINUTES (IN CHAMBERS) by Judge Percy Anderson: Before the Court is a Response to the Court's Order to Show Cause, filed partially under seal by counsel for plaintiff Joe Arroyo #140 . Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for April 11, 2016, is vacated, and the matter taken off calendar. Mr. Scharg's pro hac vice application #119 is denied. Furthermore, the Edelson firm is hereby disqualified from representing the putative class in this matter. However, attorneys from Edelson may continue to represent Plaintiff's individual interests, assuming that any counsel not admitted to the California Bar fully complies with the Local Rules governing pro hac vice admissions. Edelson is ordered to pay to TP-Link USA the amount of $5,265.00 by no later than May 13, 2016. By no later than that date, Plaintiff's counsel shall file with the Court a Statement of Compliance establishing, under penalty of perjury, that they have complied with this Order. See document for details. Terming Attorney Ari J Scharg. (smo) |
| Filing 144 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Joseph C. Markowitz may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Joe Arroyo(Logan, Todd) |
| Filing 143 REPLY filed by Defendant TP-Link USA Corporation to Objection/Opposition (Motion related), #121 TO THE APPLICATION OF ARI SCHARG TO APPEAR PRO HAC VICE [DKT. 119]; REQUEST FOR SANCTIONS (Attachments: #1 DECLARATION OF TIMOTHY FOX AND EXHIBITS A-G, #2 DECLARATION OF HARRY KIM)(Auyang, Heather) |
| Filing 142 TEXT ONLY ENTRY by Judge Percy Anderson. On the Court's own motion, the Court vacates the hearing on the Motions to Dismiss [105 and 113] and the hearing on the Order to Show Cause re: Pro Hac Vice Application, all previously scheduled for 4/11/2016 at 1:30 p.m. No appearance is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
| Filing 141 CERTIFICATE OF SERVICE filed by Plaintiff Joe Arroyo, re Sealed Document #140 served on 04/06/2016. (Logan, Todd) |
| Filing 140 SEALED DOCUMENT Response to Order to Show Cause and Scharg Declaration in Support of Response re Response in Support of Motion, #133 , Order,,, #139 filed by Plaintiff Joe Arroyo. (Attachments: #1 Declaration)(Logan, Todd) |
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Filing 139
ORDER GRANTING PLAINTIFF JOE ARROYO'S APPLICATION TO FILE DOCUMENTS UNDER SEAL PURSUANT TO CIVIL L.R. 79-5 by Judge Percy Anderson: This matter coming before the Court on Plaintiff Arroyo's Application to File Documents Under Seal Pursuant to Civil L.R. 79-5, due and adequate notice having been given, and the Court being duly advised in the premises, IT IS HEREBY ORDERED AND ADJUDGED, as follows: As portions of Plaintiff Joe Arroyos Response to Defendant TP-Link USA Corporation's Opposition To Application of Ari J. Scharg To Appear Pro Hac Vice And This Court's Order To Show Cause refer to confidential personnel changes governed by a confidential termination agreement, it appears to the Court that such portions are sealable. The Court therefore grants Plaintiff leave to file the above-mentioned sections under seal. IT IS SO ORDERED. (cr)
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| Filing 138 CERTIFICATE OF SERVICE filed by Plaintiff Joe Arroyo, re Sealed Declaration in SupportDeclaration, #137 served on 04/05/16. (Logan, Todd) |
| Filing 137 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Plaintiff's Response to Order to Show Cause and Scharg Declaration ISO Response to Order to Show Cause under seal #136 filed by Plaintiff Joe Arroyo. (Attachments: #1 Unredacted Document, #2 Unredacted Document)(Logan, Todd) |
| Filing 136 APPLICATION to file document Plaintiff's Response to Order to Show Cause and Scharg Declaration ISO Response to Order to Show Cause under seal filed by Plaintiff Joe Arroyo. (Attachments: #1 Proposed Order, #2 Redacted Document, #3 Redacted Document)(Logan, Todd) |
| Filing 135 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION to file document for Response to Order to Show Cause under seal 132 by Clerk. The document is sealed and stricken. Counsel are referred to the court's public website where they may obtain instruction from the Guide to E-filing Sealed Documents. http://www.cacd.uscourts.gov/e-filing /sealed-documents. (lom) |
| Filing 134 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION to file document for Response to Order to Show Cause under seal 132 . The following error(s) was found: Incorrect event selected. The correct event is: Under Seal Filing / Leave to File Document Under Seal. 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. (kss) |
| Filing 133 RESPONSE IN SUPPORT of APPLICATION for attorney Ari J. Scharg to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17489343 paid.) #119 [Redacted] filed by Plaintiff Joe Arroyo. (Attachments: #1 Exhibit A, #2 Exhibit B)(Logan, Todd) |
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Filing 131
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson: re: #105 ., The hearing on defendant TP-Link Technologies Co., Ltd.s Motion to Dismiss (Docket No. 105), currently calendared for April 4, 2016, at 1:30 p.m., is continued to April 11, 2016, at 1:30 p.m.. (pj)
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| Filing 130 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case AND FIRST AMENDED COMPLAINT #113 filed by Defendant TP-Link USA Corporation. (Attachments: #1 SECOND DECLARATION OF TIMOTHY FOX AND EXHIBITS A, A1 and A2)(Auyang, Heather) |
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Filing 126
ORDER TO SHOW CAUSE by Judge Percy Anderson: The Court therefore orders Plaintiff's counsel to show cause, in writing, no later than April 4, 2016, why they should not be sanctioned for abusing the pro hac vice application process. Plaintiff's response to this Order to Show Cause must include: (1) a declaration under penalty of perjury from Mr. Logan as to how many hours per week he physically spends in the Los Angeles office; how many Edelson employees, including other attorneys, are physically present at the Los Angeles office; and the city in which Mr. Logan maintains his permanent residence; whether he maintains a residence in Los Angeles and (2) a declaration from Mr. Scharg listing each of the times he has been admitted to practice before a California court pro hac vice. The Court warns that potential sanctions include the imposition of monetary sanctions, including Defendant's attorneys' fees incurred in bringing this matter before the Court, as well as the disqualification of any Edelson attorney from serving as either Plaintiff's individual counsel or as class counsel for the putative class. Defendant's reply, if any, is to be filed by April 8, 2016. In the event that the Court determines that awarding Defendants attorneys' fees is an appropriate sanction, Defendant's response should include Defendant's billing records associated with bringing this matter before the Court. Neither filing is to exceed fifteen (15) pages. The Court sets a hearing for this matter on April 11, 2016, at 1:30 p.m. IT IS SO ORDERED. (cr)
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Filing 129
CIVIL TRIAL ORDER by Judge Percy Anderson, (mg)
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Filing 128
SCHEDULING ORDER [FED.R.CIV.P. 16(b)] by Judge Percy Anderson: 1. Establishing a Discovery Cut-off Date 10/3/2016. 2. Setting Motion Cutoff Date 10/17/2016. 3. Setting a Final Pretrial Conference for 11/18/2016 at 01:30 PM. 4. Setting Jury Trial for 12/13/2016 at 09:00 AM. (mg)
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Filing 127
MINUTE ORDER (IN CHAMBERS) by Judge Percy Anderson: The Court has received the parties' joint 26(f) report and finds that a scheduling conference is not necessary. Dates set by the Court in this action are listed in the Schedule of Trial and Pretrial Dates attached to this order. The dates set by the Court are firm dates. The scheduling conference currently on calendar for March 28, 2016 at 10:30 a.m. is hereby vacated, and the matter taken off calendar. This case is referred to the Court's Mediation Panel. Jury Trial set for 12/13/2016 at 09:00 AM. Final Pretrial Conference set for 11/18/2016 at 01:30 PM. Motions in Limine to be filed by 11/18/2016. Exhibit List and Witness List due by 11/4/2016. Joint Status Report Regarding Settlement due by 11/4/2016. Last date to conduct settlement conference is 10/24/2016. Last Day to Hear Motions is 10/17/2016. Discovery cut-off 10/3/2016. Amended Pleadings due by 6/20/2016. (mg)
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Filing 125
PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION by Judge Percy Anderson. (lom)
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| Filing 124 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case AND FIRST AMENDED COMPLAINT #113 filed by Plaintiff Joe Arroyo. (Logan, Todd) |
| Filing 123 REPLY Support of NOTICE OF MOTION AND MOTION to Dismiss defendant TP-LINK Technologies Co., Ltd. Pursuant to FRCP 12(b)(4), 12(b)(5) and 12(b)(6) and Memorandum of Points and Authorities #105 filed by Defendant TP-LINK Technologies Co., Ltd.. (Bjorgum, A) |
| Filing 122 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Ari J. Scharg to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17489343 paid.) #119 . The following error(s) was found: Other error(s) with document(s) are specified below: No signatures on Application. Applicant and local counsel failed to sign the application. See LR 11-1. See Instructions for Applicants (1) note that electronic signatures are not accepted. (G-64). 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. (lt) |
| Filing 121 OPPOSITION re: APPLICATION for attorney Ari J. Scharg to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17489343 paid.) #119 AND REQUEST FOR SANCTIONS PER L.R. 87-3 filed by Defendant TP-Link USA Corporation. (Attachments: #1 DECLARATION OF TIMOTHY FOX AND EXHIBITS A-G)(Auyang, Heather) |
| Filing 120 STATEMENT of Non-Opposition to NOTICE OF MOTION AND MOTION to Dismiss defendant TP-LINK Technologies Co., Ltd. Pursuant to FRCP 12(b)(4), 12(b)(5) and 12(b)(6) and Memorandum of Points and Authorities #105 filed by Plaintiff Joe Arroyo. (Logan, Todd) |
| Filing 119 APPLICATION for attorney Ari J. Scharg to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17489343 paid.) filed by Plaintiff Joe Arroyo. (Attachments: #1 Proposed Order) (Logan, Todd) |
| Filing 118 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Percy Anderson. In accordance with the Notice to Filer Of Deficiencies In Electronically Filed Documents #116 , the APPLICATION for attorney Alexander T.H. Nguyen to Appear Pro Hac Vice #114 is stricken and counsel is ordered to file an amended or corrected document by 3/23/16. (mg) |
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Filing 117
ORDER by Judge Percy Anderson DENYING Stipulation to Extend Time to Respond to Initial Complaint #111 . (mg)
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| Filing 116 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Alexander T.H. Nguyen to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17465496 paid.) #114 . The following error(s) was found: Other error(s) with document(s) are specified below: No signatures on Application. Applicant and local counsel failed to sign the application. See LR 11-1. See Instructions for Applicants (1) note that electronic signatures are not accepted. (G-64); Local counsel does not maintain an office within the District. See LR 83-2.1.3.4. 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. (lt) |
| Filing 115 NOTICE OF ERRATA filed by Defendant TP-Link USA Corporation. correcting NOTICE OF MOTION AND MOTION to Dismiss Case AND FIRST AMENDED COMPLAINT #113 (Auyang, Heather) |
| Filing 114 (STRICKEN Per 3/16/16 Response by the Court) APPLICATION for attorney Alexander T.H. Nguyen to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17465496 paid.) filed by Plaintiff Joe Arroyo. (Attachments: #1 Proposed Order) (Logan, Todd) Modified on 3/16/2016 (mg). |
| Filing 113 NOTICE OF MOTION AND MOTION to Dismiss Case AND FIRST AMENDED COMPLAINT filed by DEFENDANT TP-Link USA Corporation. Motion set for hearing on 4/11/2016 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 FOX DECLARATION ISO MOTION TO DISMISS AND EXHIBITS 1-4, #2 PROPOSED ORDER) (Auyang, Heather) |
| Filing 112 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff Joe Arroyo.. (Logan, Todd) |
| Filing 111 Joint STIPULATION for Extension of Time to File Answer to April 14, 2016 re Amended Complaint, #71 filed by Plaintiff Joe Arroyo. (Attachments: #1 Proposed Order)(Logan, Todd) |
| Filing 110 21 DAY Summons Issued re First Amended Complaint, #71 as to Defendants TP-Link USA Corporation and TP-LINK Technologies Co., Ltd. (mg) |
| Filing 109 Request for Clerk to Issue Summons on Amended Complaint, #71 filed by Plaintiff Joe Arroyo. (Logan, Todd) |
| Filing 108 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Requests #106 , #107 . The following errors were found: The space below the caption entitled To:Defendant(s):must contain the names of all defendants or be left blank. The court does not issue single summonses to individual defendants. Please type in "As to First Amended Complaint" next to Summons in a Civil Action. The summons cannot be issued until these defects have been corrected. Please correct the defects and re-file your request. (mg) |
| Filing 107 Request for Clerk to Issue Summons on Amended Complaint, #71 filed by Plaintiff Joe Arroyo. (Logan, Todd) |
| Filing 106 Request for Clerk to Issue Summons on Amended Complaint, #71 filed by Plaintiff Joe Arroyo. (Logan, Todd) |
| Filing 105 NOTICE OF MOTION AND MOTION to Dismiss defendant TP-LINK Technologies Co., Ltd. Pursuant to FRCP 12(b)(4), 12(b)(5) and 12(b)(6) and Memorandum of Points and Authorities filed by Defendant TP-LINK Technologies Co., Ltd.. Motion set for hearing on 4/4/2016 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Dong Huang, #2 Declaration of David Li, #3 Declaration of A. Eric Bjorgum, #4 Proposed Order) (Bjorgum, A) |
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Filing 104
ORDER TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT (L.R. 8-3) by Judge Percy Anderson: THE COURT, having reviewed the Stipulation of Plaintiff and Defendant TPLINK Technologies Co., Ltd. ("Defendant") for an extension to respond to the First Amended Complaint, and good cause appearing therefor, it is hereby ORDEREDTHAT: Defendant TP-LINK Technologies Co., Ltd. shall have up to and including March 7, 2016 to respond to the First Amended Complaint in this matter. IT IS SO ORDERED. (cr)
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| Filing 103 Second STIPULATION Extending Time to Answer the complaint as to TP-LINK Technologies Co., Ltd. answer now due 3/7/2016, re Amended Complaint, #71 filed by Defendant TP-LINK Technologies Co., Ltd.. (Attachments: #1 Proposed Order To Extend Time to Respond)(Bjorgum, A) |
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Filing 102
SCHEDULING MEETING OF COUNSEL FRCP 16, 26(f) ORDER by Judge Percy Anderson. Scheduling Conference set for 3/28/2016 at 10:30 AM before Judge Percy Anderson. See document for details. (smo)
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Filing 101
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom)
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| Filing 100 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Benjamin S Thomassen for Plaintiff Joe Arroyo. 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. (car) |
| Filing 99 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Ari J Scharg for Plaintiff Joe Arroyo. 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. (car) |
| Filing 98 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Alicia Elaine Hwang for Plaintiff Joe Arroyo. 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. (car) |
| Filing 97 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Alexander Nguyen for Plaintiff Joe Arroyo. 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. (car) |
| Filing 96 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 95 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Kenly Kiya Kato. (car) |
| Filing 94 ORIGINAL file, certified copy of transfer order and docket sheet received from California Northern |
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Filing 93
ORDER granting #50 Motion to Change Venue; denying #63 Motion to Strike; granting #92 Motion for Leave to File. The hearing scheduled for 2/18/2016 is VACATED. The Clerk shall TRANSFER this case to the United States District Court for the Central District of California and close this court's file. All other pending matters are TERMINATED and should be re-filed and re-noticed before the newly assigned district judge. Signed by Judge Edward J. Davila on 2/11/2016. (ejdlc3, COURT STAFF) (Filed on 2/11/2016) [Transferred from California Northern on 2/16/2016.]
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| Filing 92 MOTION for Leave to File Supplement to Opposition to TP-Link USA's Motion to Transfer Venue [#57] filed by Joe Arroyo. (Attachments: #1 Declaration of Alexander Nguyen with Exhibit A, #2 Proposed Order)(Nguyen, Alexander) (Filed on 2/9/2016) [Transferred from California Northern on 2/16/2016.] |
| Filing 91 STIPULATION re #71 Amended Complaint, First Stipulation To Extend Time To Respond filed by TP-LINK Technologies Co., Ltd.. (Bjorgum, Alfred) (Filed on 2/3/2016) [Transferred from California Northern on 2/16/2016.] |
| Filing 90 REPLY (re #74 MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT [DKT. 71] ) filed byTP-Link USA Corporation. (Attachments: #1 SECOND DECLARATION OF TIMOTHY FOX IN SUPPORT OF MOTION TO DISMISS AND EXHIBIT A)(Auyang, Heather) (Filed on 2/2/2016) [Transferred from California Northern on 2/16/2016.] |
| Filing 89 REPLY (re #82 MOTION for Protective Order STAYING ALL DISCOVERY IN THIS ACTION ) filed byTP-Link USA Corporation. (Auyang, Heather) (Filed on 2/1/2016) [Transferred from California Northern on 2/16/2016.] |
| Filing 88 ERRATA re #50 MOTION to Change Venue Dkt [50-2] Declaration of Lewis Wu and Corrected Declaration of Lewis Wu by TP-Link USA Corporation. (Auyang, Heather) (Filed on 1/28/2016) [Transferred from California Northern on 2/16/2016.] |
| Filing 87 RESPONSE (re #82 MOTION for Protective Order STAYING ALL DISCOVERY IN THIS ACTION ) filed byJoe Arroyo. (Attachments: #1 Exhibit A Hwang Declaration)(Hwang, Alicia) (Filed on 1/25/2016) [Transferred from California Northern on 2/16/2016.] |
| Filing 86 RESPONSE (re #74 MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT [DKT. 71] ) filed byJoe Arroyo. (Attachments: #1 Exhibit A Hwang Declaration)(Hwang, Alicia) (Filed on 1/19/2016) [Transferred from California Northern on 2/16/2016.] |
| Filing 85 NOTICE of Substitution of Counsel by Todd M Logan (Logan, Todd) (Filed on 1/14/2016) [Transferred from California Northern on 2/16/2016.] |
| Filing 84 Summons Issued as to TP-LINK Technologies Co., Ltd.. (cv, COURT STAFF) (Filed on 1/12/2016) [Transferred from California Northern on 2/16/2016.] |
| Filing 83 Proposed Summons. (Hwang, Alicia) (Filed on 1/12/2016) [Transferred from California Northern on 2/16/2016.] |
| Filing 82 MOTION for Protective Order STAYING ALL DISCOVERY IN THIS ACTION filed by TP-Link USA Corporation. Motion Hearing set for 2/16/2016 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 1/25/2016. Replies due by 2/1/2016. (Attachments: #1 DECLARATION OF TIMOTHY FOX AND EXHIBITS A-B, #2 PROPOSED ORDER)(Auyang, Heather) (Filed on 1/11/2016) Modified on 1/12/2016. ***Correcting Courtroom Location. Courtroom 4, 5th Floor corrected to Courtroom 5, 4th Floor.*** (ofr, COURT STAFF). [Transferred from California Northern on 2/16/2016.] |
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Filing 81
ORDER Granting #80 Stipulation to Continue Date Listed in Case Management Conference. Signed by Judge Edward J. Davila on 1/11/2016. (ecg, COURT STAFF) (Filed on 1/11/2016) [Transferred from California Northern on 2/16/2016.]
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| Set Deadlines/Hearings per #81 Order on Stipulation: Fact Discovery cutoff 4/19/2016. Expert Discovery cutoff 6/23/2016. Deadline to File Dispostive Motions due by 4/7/2016. Trial Setting Conference Statement due by 5/2/2016. Trial Setting Conference set for 5/12/2016 11:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (ecg, COURT STAFF) (Filed on 1/11/2016) [Transferred from California Northern on 2/16/2016.] |
| Filing 80 STIPULATION WITH PROPOSED ORDER re #40 Case Management Scheduling Order,,,, Set Hearings,,, filed by TP-Link USA Corporation. (Attachments: #1 Proposed Order)(Auyang, Heather) (Filed on 1/7/2016) [Transferred from California Northern on 2/16/2016.] |
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Filing 79
Order Granting #77 Stipulation Extending Briefing Schedule #74 MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT [DKT. 71]. Signed by Hon. Edward J. Davila on 1/6/2016.(ecg, COURT STAFF) (Filed on 1/6/2016) [Transferred from California Northern on 2/16/2016.]
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| Set/Reset Deadlines as to #74 MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT [DKT. 71]: Response due by 1/19/2016. Reply due by 2/2/2016. (ecg, COURT STAFF) (Filed on 1/6/2016) [Transferred from California Northern on 2/16/2016.] |
| Filing 78 Pretrial Conference Statement by Joe Arroyo [Updated Joint Trial Setting Statement]. (Hwang, Alicia) (Filed on 1/4/2016) [Transferred from California Northern on 2/16/2016.] |
| Filing 77 STIPULATION WITH PROPOSED ORDER re #74 MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT [DKT. 71] filed by Joe Arroyo. (Hwang, Alicia) (Filed on 1/4/2016) [Transferred from California Northern on 2/16/2016.] |
| Filing 76 Summons Issued as to TP-LINK Technologies Co., Ltd.. (cv, COURT STAFF) (Filed on 12/30/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 75 Proposed Summons. (Hwang, Alicia) (Filed on 12/30/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 74 MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT [DKT. 71] filed by TP-Link USA Corporation. Motion Hearing set for 2/18/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 1/12/2016. Replies due by 1/19/2016. (Attachments: #1 DECLARATION OF TIMOTHY FOX AND EXHIBITS 1-4, #2 PROPOSED ORDER)(Auyang, Heather) (Filed on 12/29/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 73 Summons Issued as to TP-LINK Technologies Co., Ltd., c/o TP-LINK RESEARCH INSTITUTE USA CORPORATION . (cv, COURT STAFF) (Filed on 12/17/2015) Modified on 12/17/2015 (cv, COURT STAFF). [Transferred from California Northern on 2/16/2016.] |
| Filing 72 Proposed Summons. (Hwang, Alicia) (Filed on 12/17/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 71 AMENDED COMPLAINT against TP-Link USA Corporation, TP-LINK Technologies Co., Ltd.. Filed byJoe Arroyo. (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)(Hwang, Alicia) (Filed on 12/14/2015) [Transferred from California Northern on 2/16/2016.] |
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Filing 70
ORDER granting #48 Motion for Leave to File First Amended Complaint; denying without prejudice #49 Motion to Dismiss; denying as moot #60 Motion to Strike. Plaintiff shall file the First Amended Complaint as a separate docket entry on or before 12/15/2015. The Trial Setting Conference scheduled for 12/17/2015 is CONTINUED to 11:00 a.m on 1/14/2016. The parties shall file an updated Trial Setting Conference Statement on or before 1/4/2016. Signed by Judge Edward J. Davila on 12/14/2015. (ejdlc1S, COURT STAFF) (Filed on 12/14/2015) [Transferred from California Northern on 2/16/2016.]
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| Set Deadlines/Hearings re #70 Order: Trial Setting Conference Statement due by 1/4/2016. Trial Setting Conference set for 1/14/2016 11:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (ecg, COURT STAFF) (Filed on 12/14/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 69 REPLY (re #63 MOTION to Strike #57 Opposition/Response to Motion to Transfer (Dkt. 57-1) Declaration of Alicia E. Hwang ) filed byTP-Link USA Corporation. (Auyang, Heather) (Filed on 12/10/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 68 Joint Trial Setting Conference Statement . (Hwang, Alicia) (Filed on 12/7/2015) Modified on 12/8/2015 (cv, COURT STAFF). [Transferred from California Northern on 2/16/2016.] |
| Filing 67 REPLY (re #60 MOTION to Strike #49 Second MOTION to Dismiss Plaintiff's Complaint ) filed byJoe Arroyo. (Hwang, Alicia) (Filed on 12/4/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 66 RESPONSE (re #63 MOTION to Strike #57 Opposition/Response to Motion to Transfer (Dkt. 57-1) Declaration of Alicia E. Hwang ) filed byJoe Arroyo. (Hwang, Alicia) (Filed on 12/3/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 65 RESPONSE (re #60 MOTION to Strike #49 Second MOTION to Dismiss Plaintiff's Complaint ) filed byTP-Link USA Corporation. (Attachments: #1 FOX DECLARATION AND EXHIBIT A ISO DEFENDANT'S OPPOSITION TO MOTION TO STRIKE)(Auyang, Heather) (Filed on 11/27/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 64 Notice of Withdrawal of Motion for Stay [Dkt. #51 ] (Auyang, Heather) (Filed on 11/19/2015) Modified text on 11/20/2015 (ecg, COURT STAFF). [Transferred from California Northern on 2/16/2016.] |
| Filing 63 MOTION to Strike #57 Opposition/Response to Motion to Transfer (Dkt. 57-1) Declaration of Alicia E. Hwang filed by TP-Link USA Corporation. Motion Hearing set for 2/18/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 12/3/2015. Replies due by 12/10/2015. (Auyang, Heather) (Filed on 11/19/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 62 REPLY (re #50 MOTION to Change Venue ) filed byTP-Link USA Corporation. (Attachments: #1 Declaration of Timothy Fox, #2 Declaration of Lewis Wu)(Auyang, Heather) (Filed on 11/19/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 61 REPLY (re #49 Second MOTION to Dismiss Plaintiff's Complaint ) filed byTP-Link USA Corporation. (Auyang, Heather) (Filed on 11/19/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 60 MOTION to Strike #49 Second MOTION to Dismiss Plaintiff's Complaint filed by Joe Arroyo. Motion Hearing set for 2/18/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 11/27/2015. Replies due by 12/4/2015. (Attachments: #1 Exhibit A Hwang Declaration)(Hwang, Alicia) (Filed on 11/13/2015) [Transferred from California Northern on 2/16/2016.] |
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Filing 59
ORDER granting in part and denying in part #52 Stipulation to Shorten Time. The court adopts the briefing schedule agreed to by the parties. However, the court cannot accommodate additional motions on 12/3/2015. Accordingly, all currently pending motions, including the motion for leave to add another defendant and file a proposed amended complaint, will be heard at 9:00 a.m. on 2/18/2016. Signed by Judge Edward J. Davila on 11/13/2015. (ejdlc1S, COURT STAFF) (Filed on 11/13/2015) [Transferred from California Northern on 2/16/2016.]
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| Set/Reset Deadlines as to #48 MOTION for Leave to File Amended Complaint Adding TP-Link Technologies Co., Ltd. as Party-Defendant. Replies due by 11/19/2015. Motion Hearing set for 2/18/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (Set Pursuant to #59 Order). (ecg, COURT STAFF) (Filed on 11/13/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 58 RESPONSE (re #51 MOTION to Stay ) filed byJoe Arroyo. (Attachments: #1 Exhibit A Hwang Declaration)(Hwang, Alicia) (Filed on 11/12/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 57 RESPONSE (re #50 MOTION to Change Venue ) filed byJoe Arroyo. (Attachments: #1 Exhibit A Hwang Declaration)(Hwang, Alicia) (Filed on 11/12/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 56 NOTICE by TP-Link USA Corporation re #52 MOTION to Shorten Time TO HEAR DEFENDANT'S MOTION TO DISMISS [DKT. 49], MOTION TO TRANSFER [DKT 50], AND MOTION TO STAY [DKT 51], AND EXTENDING TIME FOR BRIEFING RELATED TO THESE MOTIONS REGARDING JOINT NOTICE RE: BRIEFING SCHEDULE (Auyang, Heather) (Filed on 11/12/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 55 RESPONSE (re #49 Second MOTION to Dismiss Plaintiff's Complaint ) filed byJoe Arroyo. (Attachments: #1 Exhibit 1-Declaration of Alicia Hwang)(Scharg, Ari) (Filed on 11/12/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 54 REPLY (re #48 MOTION for Leave to File Amended Complaint Adding TP-Link Technologies Co., Ltd. as Party-Defendant ) filed byJoe Arroyo. (Attachments: #1 Exhibit A Hwang Declaration)(Hwang, Alicia) (Filed on 11/6/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 53 RESPONSE (re #48 MOTION for Leave to File Amended Complaint Adding TP-Link Technologies Co., Ltd. as Party-Defendant ) filed byTP-Link USA Corporation. (Attachments: #1 DECLARATION OF TIMOTHY FOX AND EXHIBITS A-E)(Lee, James) (Filed on 10/30/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 52 STIPULATION to Shorten Time TO HEAR DEFENDANT'S MOTION TO DISMISS DKT. #49 , MOTION TO TRANSFER #50 , AND MOTION TO STAY #51 , AND EXTENDING TIME FOR BRIEFING RELATED TO THESE MOTIONS filed by TP-Link USA Corporation. (Attachments: #1 PROPOSED ORDER)(Auyang, Heather) (Filed on 10/23/2015) Modified on 10/26/2015 (cv, COURT STAFF). [Transferred from California Northern on 2/16/2016.] |
| Filing 51 MOTION to Stay filed by TP-Link USA Corporation. Motion Hearing set for 2/18/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 11/4/2015. Replies due by 11/12/2015. (Attachments: #1 Declaration of Timothy Fox, #2 Proposed Order)(Liang, Enoch) (Filed on 10/21/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 50 MOTION to Change Venue filed by TP-Link USA Corporation. Motion Hearing set for 2/18/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 11/4/2015. Replies due by 11/12/2015. (Attachments: #1 Declaration of Heather F. Auyang, #2 Declaration of Lewis Wu, #3 Proposed Order)(Liang, Enoch) (Filed on 10/21/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 49 Second MOTION to Dismiss Plaintiff's Complaint filed by TP-Link USA Corporation. Motion Hearing set for 2/18/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 11/4/2015. Replies due by 11/12/2015. (Attachments: #1 Proposed Order)(Liang, Enoch) (Filed on 10/21/2015) [Transferred from California Northern on 2/16/2016.] |
| Set/Reset Deadlines as to #48 MOTION for Leave to File Amended Complaint Adding TP-Link Technologies Co., Ltd. as Party-Defendant: Motion Hearing set for 12/3/2015 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (ecg, COURT STAFF) (Filed on 10/19/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 48 MOTION for Leave to File Amended Complaint Adding TP-Link Technologies Co., Ltd. as Party-Defendant filed by Joe Arroyo. (Attachments: #1 Exhibit A Proposed First Amended Complaint, #2 Exhibit B Hwang Declaration)(Hwang, Alicia) (Filed on 10/16/2015) [Transferred from California Northern on 2/16/2016.] |
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Filing 47
ORDER granting in part and denying in part #25 Motion to Dismiss. Any amended Complaint filed in response to this order must be filed on or before 10/16/2015. Signed by Judge Edward J. Davila on 9/29/2015. (ejdlc3S, COURT STAFF) (Filed on 9/29/2015) Modified on 9/29/2015 (ejdlc1S, COURT STAFF). [Transferred from California Northern on 2/16/2016.]
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Filing 46
ORDER GRANTING STIPULATED PROTECTIVE ORDER by Magistrate Judge Paul Singh Grewal granting #45 (psglc2, COURT STAFF) (Filed on 9/16/2015) [Transferred from California Northern on 2/16/2016.]
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| Filing 45 STIPULATION WITH PROPOSED ORDER re Protection of Confidential Information filed by Joe Arroyo. (Hwang, Alicia) (Filed on 9/15/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 44 NOTICE that #25 Motion has been under submission for more than 120 days (Auyang, Heather) (Filed on 9/3/2015) Modified on 9/3/2015 (cv, COURT STAFF). [Transferred from California Northern on 2/16/2016.] |
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Filing 43
Order Granting #42 Motion for Pro Hac Vice for Attorney Alexander T.H. Nguyen for Plaintiff. Signed by Hon. Edward J. Davila on 9/1/2015.(ecg, COURT STAFF) (Filed on 9/1/2015) [Transferred from California Northern on 2/16/2016.]
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| Filing 42 MOTION for leave to appear in Pro Hac Vice Alexander T.H. Nguyen ( Filing fee $ 305, receipt number 0971-9800219.) filed by Joe Arroyo. (Attachments: #1 Exhibit Certificate of Good Standing)(Nguyen, Alexander) (Filed on 9/1/2015)[Transferred from California Northern on 2/16/2016.] |
| Filing 41 NOTICE by TP-Link Research Institute USA Corporation, TP-Link USA Corporation re #25 MOTION to Dismiss PLAINTIFFS COMPLAINT (Auyang, Heather) (Filed on 7/29/2015) [Transferred from California Northern on 2/16/2016.] |
| ADR Remark: ADR Phone Conference held 6/8/2015 with Howard Herman. (cmf, COURT STAFF) (Filed on 6/9/2015) [Transferred from California Northern on 2/16/2016.] |
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Filing 40
CASE MANAGEMENT ORDER. Based on the parties' Joint Case Management Statement and proposed schedule, the court has determined an appearance is unnecessary at this time. Accordingly, the 6/11/2015 Case Management Conference is VACATED and the parties are ordered to comply with the following schedule: The deadline for joinder of any additional parties, or other amendments to the pleadings, is sixty days after entry of this order. Fact Discovery due by 1/20/2016. Expert Discovery cutoff 3/11/2016. Deadline for Filing Dispositive Motions due by 3/21/2016. Joint Trial Setting Conference Statement due by 12/7/2015. Pretrial Conference set for 12/17/2015 11:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 6/8/2015. (ecg, COURT STAFF) (Filed on 6/8/2015) Modified text on 6/8/2015 (ecg, COURT STAFF)(x2) [Transferred from California Northern on 2/16/2016.]
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| Filing 39 JOINT CASE MANAGEMENT STATEMENT filed by Joe Arroyo. (Hwang, Alicia) (Filed on 6/4/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 38 ADR Clerk's Notice Setting ADR Phone Conference on Monday, June 8, 2015 at 2:00 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (cmf, COURT STAFF) (Filed on 5/22/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 37 Certificate of Interested Entities by TP-Link Research Institute USA Corporation identifying Corporate Parent TP-LINK Technologies Co., Ltd. for TP-Link Research Institute USA Corporation. And Disclosure Statement (Liang, Enoch) (Filed on 5/22/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 36 Certificate of Interested Entities by TP-Link USA Corporation identifying Corporate Parent TP-LINK UK for TP-Link USA Corporation. And Disclosure Statement (Liang, Enoch) (Filed on 5/22/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 35 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Fox, Timothy) (Filed on 5/21/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 34 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Hwang, Alicia) (Filed on 5/21/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 33 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Liang, Enoch) (Filed on 5/21/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 32 CLERK'S NOTICE TAKING MOTION UNDER SUBMISSION WITHOUT ORAL ARGUMENT. The Motion to Dismiss (Docket Item No. #25 ) before Judge Edward J. Davila previously noticed for 5/7/2015 at 9:00 AM has been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 5/7/2015 hearing is VACATED. The Court to issue further Order on the submitted motion. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ecg, COURT STAFF) (Filed on 5/4/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 31 REPLY (re #25 MOTION to Dismiss PLAINTIFFS COMPLAINT ) filed byTP-Link Research Institute USA Corporation, TP-Link USA Corporation. (Attachments: #1 SUPPLEMENTAL DECLARATION OF TIMOTHY FOX ISO DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT, #2 DEFENDANTS' REQUEST FOR JUDICIAL NOTICE ISO DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT)(Auyang, Heather) (Filed on 3/4/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 30 RESPONSE (re #25 MOTION to Dismiss PLAINTIFFS COMPLAINT ) filed byJoe Arroyo. (Hwang, Alicia) (Filed on 2/18/2015) [Transferred from California Northern on 2/16/2016.] |
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Filing 29
Order Granting #28 Stipulation to Continue Case Management Conference; Briefing Schedule. Signed by Hon. Edward J. Davila on 1/30/2015.(ecg, COURT STAFF) (Filed on 1/30/2015) [Transferred from California Northern on 2/16/2016.]
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| Set/Reset Deadlines as to #25 MOTION to Dismiss PLAINTIFFS COMPLAINT: Response due by 2/18/2015. Reply due by 3/4/2015. Joint Case Management Statement due by 6/4/2015. Case Management Conference set for 6/11/2015 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (ecg, COURT STAFF) (Filed on 1/30/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 28 STIPULATION WITH PROPOSED ORDER re #25 MOTION to Dismiss PLAINTIFFS COMPLAINT and Case Management Conference filed by Joe Arroyo. (Hwang, Alicia) (Filed on 1/29/2015) [Transferred from California Northern on 2/16/2016.] |
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Filing 27
Order Granting #13 Motion for Pro Hac Vice for Attorney Alicia E. Hwang for Plaintiff. Signed by Hon. Edward J. Davila on 1/23/2015.(ecg, COURT STAFF) (Filed on 1/23/2015) [Transferred from California Northern on 2/16/2016.]
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| Filing 26 CLERK'S NOTICE Continuing Motion Hearing. Set/Reset Deadlines as to #25 MOTION to Dismiss PLAINTIFFS COMPLAINT: The briefing schedule remains unchanged unless otherwise modified by the court. Responses due by 2/4/2015. Replies due by 2/11/2015. Motion Hearing set for 5/7/2015 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. This is a text only docket entry, there is no document associated with this notice. (ecg, COURT STAFF) (Filed on 1/22/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 25 MOTION to Dismiss PLAINTIFFS COMPLAINT filed by TP-Link Research Institute USA Corporation, TP-Link USA Corporation. Motion Hearing set for 3/5/2015 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 2/4/2015. Replies due by 2/11/2015. (Attachments: #1 DECLARATION OF TIMOTHY FOX, #2 PROPOSED ORDER)(Auyang, Heather) (Filed on 1/21/2015) [Transferred from California Northern on 2/16/2016.] |
| Filing 24 NOTICE of Appearance by Timothy Stephen Fox (Fox, Timothy) (Filed on 12/19/2014) [Transferred from California Northern on 2/16/2016.] |
| Filing 23 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT FROM MAGISTRATE JUDGE. Joint Case Management Statement due by 4/16/2015. Case Management Conference set for 4/23/2015 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Any deadlines associated with the initial case management conference are adjusted accordingly. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/ejdorders This is a text only docket entry, there is no document associated with this notice. (ecg, COURT STAFF) (Filed on 12/17/2014) [Transferred from California Northern on 2/16/2016.] |
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Filing 22
ORDER REASSIGNING CASE. Case reassigned to Hon. Edward J. Davila for all further proceedings. Magistrate Judge Paul Singh Grewal remains as referral judge assigned to the case. Reassignment Order signed by Excutive Committee on 12/16/2014. (bwS, COURT STAFF) (Filed on 12/16/2014) [Transferred from California Northern on 2/16/2016.]
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| Filing 21 NOTICE of Appearance by Heather Fai Auyang (Auyang, Heather) (Filed on 12/15/2014) [Transferred from California Northern on 2/16/2016.] |
| Filing 20 STIPULATION re #1 Complaint, Extending Time to Respond filed by TP-Link Research Institute USA Corporation, TP-Link USA Corporation. (Liang, Enoch) (Filed on 12/15/2014) [Transferred from California Northern on 2/16/2016.] |
| Filing 19 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ofr, COURT STAFF) (Filed on 12/15/2014) [Transferred from California Northern on 2/16/2016.] |
| Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Joe Arroyo.. (Hwang, Alicia) (Filed on 12/15/2014) [Transferred from California Northern on 2/16/2016.] |
| Filing 16 Certificate of Interested Entities by Joe Arroyo (Thomassen, Benjamin) (Filed on 12/3/2014) [Transferred from California Northern on 2/16/2016.] |
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Filing 15
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY ARI J. SCHARG PRO HAC VICE by Judge Paul S. Grewal, granting #12 . (ofr, COURT STAFF) (Filed on 12/2/2014) [Transferred from California Northern on 2/16/2016.]
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Filing 14
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY BENJAMIN S. THOMASSEN PRO HAC VICE by Judge Paul S. Grewal, granting #11 . (ofr, COURT STAFF) (Filed on 12/2/2014) [Transferred from California Northern on 2/16/2016.]
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| Filing 13 APPLICATION FOR ADMISSION OF ATTORNEY Alicia E Hwang in PRO HAC VICE; and (Proposed) ( Filing fee $ 305, receipt number 0971-9112135.) filed by Joe Arroyo. (Hwang, Alicia) (Filed on 12/2/2014) Text modified on 12/3/2014 (bwS, COURT STAFF). [Transferred from California Northern on 2/16/2016.] |
| Filing 12 APPLICATION FOR ADMISSION OF ATTORNEY Ari J Scharg in PRO HAC VICE; and (Proposed) Order ( Filing fee $ 305, receipt number 0971-9110820.) filed by Joe Arroyo. (Scharg, Ari) (Filed on 12/2/2014) Modified on 12/2/2014 (bwS, COURT STAFF). [Transferred from California Northern on 2/16/2016.] |
| Filing 11 APPLICATION FOR ADMISSION OF ATTORNEY Benjamin S Thomassen in PRO HAC VICE; and (Proposed) Order ( Filing fee $ 305, receipt number 0971-9110805.) filed by Joe Arroyo. (Thomassen, Benjamin) (Filed on 12/2/2014) Modified on 12/2/2014 (bwS, COURT STAFF). [Transferred from California Northern on 2/16/2016.] |
| Filing 17 Refund re #9 Application for Refund approved as to Joe Arroyo. (cv, COURT STAFF) (Filed on 12/1/2014) [Transferred from California Northern on 2/16/2016.] |
| Filing 10 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge within 14 days of this notice, by 12/15/2014. ***This is a text only docket entry, there is no document associated with this notice.*** (ofr, COURT STAFF) (Filed on 12/1/2014) [Transferred from California Northern on 2/16/2016.] |
| Filing 9 Application for Refund, Receipt Number 25IDL1O9 by Joe Arroyo. (Lasser, Samuel) (Filed on 12/1/2014) [Transferred from California Northern on 2/16/2016.] |
| Filing 8 Refund re #6 Application for Refund declined as to Joe Arroyo. (cv, COURT STAFF) (Filed on 11/24/2014) [Transferred from California Northern on 2/16/2016.] |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/31/2015. Case Management Conference set for 4/7/2015 10:00 AM in Courtroom 5, 4th Floor, San Jose. (cv, COURT STAFF) (Filed on 11/24/2014) [Transferred from California Northern on 2/16/2016.] |
| Filing 6 Application for Refund, Receipt Number 25IDL1O9 by Joe Arroyo. (Lasser, Samuel) (Filed on 11/21/2014) [Transferred from California Northern on 2/16/2016.] |
| Filing 5 Summons Issued as to TP-Link Research Institute USA Corporation. (cvS, COURT STAFF) (Filed on 11/13/2014) [Transferred from California Northern on 2/16/2016.] |
| Filing 4 Summons Issued as to TP-Link USA Corporation. (cvS, COURT STAFF) (Filed on 11/13/2014) [Transferred from California Northern on 2/16/2016.] |
| Filing 3 Case assigned to Magistrate Judge Paul Singh Grewal. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (as, COURT STAFF) (Filed on 11/13/2014) [Transferred from California Northern on 2/16/2016.] |
| Filing 2 Proposed Summons. (Lasser, Samuel) (Filed on 11/12/2014) [Transferred from California Northern on 2/16/2016.] |
| Filing 1 COMPLAINT against TP-Link Research Institute USA Corporation, TP-Link USA Corporation ( Filing fee $ 400, receipt number 0971-9066594.). Filed byJoe Arroyo. (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet)(Lasser, Samuel) (Filed on 11/12/2014) [Transferred from California Northern on 2/16/2016.] |
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