POWERbahn, LLC v. Zwift, Inc.
Powerbahn, LLC |
Zwift, Inc. |
Wawrzyn & Jarvis LLC |
2:2017cv01393 |
February 21, 2017 |
US District Court for the Central District of California |
Marilyn L Huff |
Beverly Reid O'Connell |
Michael R Wilner |
Patent |
35 U.S.C. § 145 |
Plaintiff |
Docket Report
This docket was last retrieved on October 17, 2018. A more recent docket listing may be available from PACER.
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Filing 122 ORDER GRANTING PLAINTIFFS UNOPPOSED MOTION TO VACATE THE COURTS JUNE 13, 2018 CLAIM CONSTRUCTION ORDER #120 by Judge Marilyn L. Huff (lc) |
Filing 121 ORDER GRANTING JOINT MOTION FOR DISMISSAL AND DIRECTING THE CLERK TO CLOSE THE CASE by Judge Marilyn L. Huff. (Made JS-6. Case Terminated.) (yl) |
Filing 120 NOTICE OF MOTION AND MOTION to Vacate Order #90 on Construction Claim filed by Plaintiff POWERbahn, LLC. (Attachments: #1 Proposed Order) (Beaudoin, Wayne) |
Filing 119 STIPULATION to Dismiss Case pursuant to pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) filed by Defendant Zwift, Inc.. (Attachments: #1 Proposed Order)(Pearce, Jonathan) |
Filing 118 MINUTE ORDER IN CHAMBERS CONTINUING ALL DATES AND DEADLINES FOR 30 DAYS AND SCHEDULING TELEPHONIC STATUS CONFERENCE by Judge Marilyn L. Huff: The Court held a further telephonic status conference on October 9, 2018. In lightof the matters discussed at the October 9, 2018 status conference, the Court continues all dates and deadlines set forth in the September 21, 2018 amended scheduling order for 30 days. In addition, the Court schedules a further telephonic status conference for Monday, November 5, 2018 at 10:30 a.m. The Court will initiate the telephone call. Counsel for the parties must provide the Court with the necessary telephone numbers for the hearing by emailing the telephone numbers to Judge Huffs e-file inbox, efile_huff@casd.uscourts.gov, by Friday, November 2, 2018. The filing of a joint motion to dismiss by Monday, November 5, 2018 will vacate the November 5, 2018 telephonic status conference. (shb) |
Filing 117 MINUTES OF Telephone Status Conference held before Judge Marilyn L. Huff. The Court will issue an order. Court Reporter: Lynette Lawrence. (shb) |
Filing 116 AMENDED SCHEDULING ORDER by Judge Marilyn L. Huff. The Court schedules a further telephonic status conference for Tuesday, October 9, 2018 at 10:30 a.m. All fact discovery must be completed on or before November 16, 2018. All expert discovery must be completed on or before November 16, 2018. The Court schedules a motion hearing for Friday, January 11, 2019, at 10:00 a.m. The final pretrial conference and hearing on motions in limine will be held before the Honorable Marilyn L. Huff on Friday, March 1, 2019, at 10:30 a.m. The Court schedules a status conference for March 11, 2019, at 10:30 a.m. The Court schedules trial for Tuesday, March 12, 2019, at 9:00 a.m. The Court will not modify the dates and times set forth in this order except for good cause shown. See order for further details. (shb) |
Filing 115 MINUTES OF TELEPHONIC STATUS HEARING held before Judge Marilyn L. Huff. Telephonic Status Hearing held. The Court will issue a scheduling order. A further Telephonic Status Hearing is set for 10-9-18 at 10:30 a.m. Court Reporter: Lynnette Lawrence. (lom) |
Filing 114 TENTATIVE SCHEDULING ORDER by Judge Marilyn L. Huff. (sy) |
Filing 113 NOTICE of Vacated Hearing: Due to a conflict with the Court's schedule, the Telephonic Status Hearing set for 9/19/2018 at 10:30 AM before Judge Marilyn L. Huff is vacated. The Court will reschedule the hearing after consultation with the parties' schedule. (sy) |
Minute ORDER: The Telephonic Status Hearing is set for 9/21/2018 01:00 PM before Judge Marilyn L. Huff. The Court will initiate the conference call. SO ORDERED by Judge Marilyn L. Huff on 9/18/2018. (sy) |
Filing 112 MINUTES OF Telephone Conference held before Magistrate Judge Michael R. Wilner. The Court conferred with the parties regarding the status of the case. Court Recorder: XTR 9/17/2018. (vm) |
Filing 111 NOTICE OF FILING REDACTED TRANSCRIPT filed for proceedings 7/6/18 re Transcript #110 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY |
Filing 110 REDACTED TRANSCRIPT for proceedings held on 7/6/18, re: Transcript #98 . Redaction Request due 10/4/2018. Redacted Transcript Deadline set for 10/15/2018. Release of Transcript Restriction set for 12/12/2018. (ha) |
Filing 109 MINUTES OF Telephone Conference held before Magistrate Judge Michael R. Wilner. Telephone Conference set for September 17, 2018 at 4:30 PM. Court Recorder: XTR 9/13/2018. (vm) |
Filing 108 SCHEDULING NOTICE by Magistrate Judge Michael R. Wilner. Telephone Conference set for 9/13/2018 AT 10:00 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY |
Filing 107 AMENDED MINUTES TELEPHONIC STATUS HEARING held before Judge Marilyn L. Huff Telephone Conference, #106 . The parties are directed to contact Magistrate Judge Wilners chambers to schedule a status conference. A further Telephonic Status Hearing is set for Wednesday, 9/19/2018 at 10:30 a.m. before JudgeMarilyn L. Huff. (shb) |
Filing 106 MINUTES OF TELEPHONIC STATUS HEARING held before Judge Marilyn L. Huff: The parties are directed to contact Magistrate Judge Wilners chambers to schedule a status conference. A further Telephonic Status Hearing is set for Wednesday, 9/18/2018 at 10:30 a.m. before Judge Marilyn L. Huff. Court Reporter: Lynette Lawrence. (shb) |
Filing 105 MINUTE (IN CHAMBERS) ORDER RE: REDACTION OF TRANSCRIPT by Magistrate Judge Michael R. Wilner. Plaintiffs request to redact a portion of a transcript is GRANTED. (Docket # 104.) The court reporter is directed to redact page 14, lines 3-12 of the transcript lodged at Docket # 98 before its unrestricted posting to PACER. re: Request to Redact Transcript - Electronic Court Recording/Court Smart #104 . (vm) |
Filing 104 REQUEST TO REDACT ELECTRONIC COURT RECORDING/COURT SMART submitted to Electronic Court Recorder re Transcript #98 Filed by Plaintiff POWERbahn, LLC. (Beaudoin, Wayne) |
Filing 103 ORDER SCHEDULING TELEPHONIC STATUS CONFERENCE by Judge Marilyn L. Huff. The Court schedules a further telephonic status conference for Monday, September 10, 2018 at 10:30 a.m. The Court will initiate the telephone call. Counsel for the parties must provide the Court with the necessary telephone numbers for the hearing by emailing the telephone numbers to Judge Huffs e-file inbox, efile_huff@casd.uscourts.gov, by Thursday, September 6, 2018. The filing of a joint motion to dismiss by Monday, September 10, 2018 will vacate the September 10, 2018 telephonic status conference. (shb) |
Filing 102 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge Marilyn L. Huff: The Court sets a deadline of 9/10/2018 to file a joint motion to dismiss this case.Written order to follow. Court Reporter: Lynette Lawrence. (shb) |
Filing 101 MINUTES OF Telephonic Status Conference held before Judge Marilyn L. Huff: A further Telephonic Status Hearing is set for 8-13-2018 at 3:00 p.m. before the Court. Court Reporter: Lynnette Lawrence. (shb) |
Filing 100 ORDER SETTING TELEPHONE STATUS CONFERENCE by Judge Marilyn L. Huff. The Court held a telephonic status conference on August 1, 2018. In light of the matters discussed at the status conference, the Court schedules a further telephonic status conference for Monday, August 13, 2018 at 3:00 p.m. The Court will initiate the telephone call. Counsel for the parties must provide the Court with the necessary telephone numbers for the hearing by emailing the telephone numbers to Judge Huffs e-file inbox, efile_huff@casd.uscourts.gov, by Thursday, August 9, 2018. The filing of a joint motion to dismiss by Friday, August 10, 2018 will vacate the August 13, 2018 telephonic status conference. (shb) |
Filing 99 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/6/2018 re Transcript #98 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (at) TEXT ONLY ENTRY |
Filing 98 TRANSCRIPT for proceedings held on 7/6/2018. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 8/20/2018. Redacted Transcript Deadline set for 8/30/2018. Release of Transcript Restriction set for 10/29/2018. (at) |
Filing 97 TRANSCRIPT ORDER as to plaintiff POWERbahn, LLC for Court Smart (CS). Court will contact CourtSmart at CourtSmart with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Beaudoin, Wayne) |
Filing 96 ORDER by Judge Marilyn L. Huff, GRANTING STIPULATION TO VACATE DEADLINES #95 . the Court grants the joint motion. The Court vacates all pending dates and deadlines set forth in the Courts January 25, 2018 amended scheduling order (Doc. No. 68). The Court schedules a telephonic status conference for Wednesday, August 1, 2018 at 10:30 a.m. The Court will initiate the telephone call. Counsel must provide the Court with the necessary telephone numbers by Monday, July 30, 2018. The filing of a joint motion to dismiss by Friday, July 27, 2018 will vacate the September 17, 2018 telephonic status conference. (shb) |
Filing 95 STIPULATION to Stay Case pending Dismissal filed by Defendant Zwift, Inc.. (Attachments: #1 Proposed Order)(Pearce, Jonathan) |
Filing 94 NOTICE of Interest in Settlement Proceeds Wawrzyn & Jarvis LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wawrzyn, Matthew) |
Filing 93 MINUTES OF Settlement Conference held before Magistrate Judge Michael R. Wilner. The Court conducted a settlement conference with the parties. The parties reached an agreement on settlement. Court Recorder: CS 7/6/2018. (vm) |
Filing 92 MINUTES OF Telephone Conference held before Magistrate Judge Michael R. Wilner. The Court will conduct a settlement conference in this action on July 6, 2018, from 9:00 a.m. to noon. (See Minute Order for further details) Court Recorder: XTR 6/29/2018. (vm) |
Filing 91 SCHEDULING NOTICE by Magistrate Judge Michael R. Wilner. Telephone Conference set for June 29, 2018 at 3:00 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY |
Filing 90 CLAIM CONSTRUCTION ORDER by Judge Marilyn L. Huff. (sy) Modified on 10/22/2018 (lc). (VACATED PER 10/17/18 ORDER) |
Filing 89 MINUTES OF CLAIM CONSTRUCTION HEARING held before Judge Marilyn L. Huff. Case called and appearances are made. Claim Construction Hearing held. The matter is submitted and the Court will issue a written order. Court Reporter: None. (shb) |
Filing 88 TENTATIVE CLAIM CONSTRUCTION ORDER by Judge Marilyn L. Huff. (sy) |
Filing 87 RESPONSE filed by Plaintiff POWERbahn, LLCto Brief (non-motion non-appeal),, #83 Plaintiff PowerBAHN's Responsive Claim Construction Brief (Attachments: #1 Declaration Nicholas Boebel, #2 Exhibit 1)(Beaudoin, Wayne) |
Filing 86 RESPONSE filed by Defendant Zwift, Inc.to Brief (non-motion non-appeal), #84 Defendant Zwifts Responsive Claim Construction Brief (Attachments: #1 Declaration of Jonathan Pearce Supporting Defendant Zwifts Responsive Claim Construction Brief, #2 Exhibit Exhibit 19)(Pearce, Jonathan) |
Filing 85 ORDER ADVANCING CLAIM CONSTRUCTION HEARING by Judge Marilyn L. Huff. The Court advances the claim construction hearing to Friday, June 8, 2018 at 10:00 a.m. in San Diego, CA. The parties responsive claim constructions briefs remain due by June 1, 2018. (shb) |
Filing 84 BRIEF filed by Plaintiff POWERbahn, LLC. Opening Claim Construction Brief (Attachments: #1 Declaration Nicholas Boebel In Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Beaudoin, Wayne) |
Filing 83 BRIEF filed by Defendant Zwift, Inc.. Opening Claim Construction Brief (Attachments: #1 Declaration of Jonathan Pearce Supporting Defendant Zwifts Opening Claim Construction Brief, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18)(Pearce, Jonathan) |
Filing 82 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Marilyn L. Huff: granting #76 #79 Non-Resident Attorney Nicholas S. Boebel APPLICATION to Appear Pro Hac Vice on behalf of POWERbahn, LLC, designating Wayne E Beaudoin as local counsel. (lom) |
Filing 81 ORDER GRANTING MOTION TO SUBSTITUTE COUNSEL by Judge Marilyn L. Huff: On March 28, 2018, Plaintiff POWERbahn, LLC filed a motion to substitute Wayne E. Beaudoin of Beaudoin & Krause-Leemon, LLP in place of Todd C. Atkins of Atkins & Davidson APC as counsel of record for Plaintiff in this action. (Doc. No. 75.) The motion has been signed by Mr. Beaudoin, Mr. Atkins, and Plaintiff. (Id.) Accordingly, for good cause shown, the Court grants the motion. The Court orders that Wayne E. Beaudoin be substituted as counsel for Plaintiff POWERbahn, and that Todd C. Atkins is withdrawn as counsel for Plaintiff POWERbahn. IT IS SO ORDERED.granting #75 Request to Substitute Attorney. Attorney Todd C Atkins terminated (yl) |
Filing 80 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION to CORRECT First APPLICATION of Non-Resident Attorney Nicholas S. Boebel to Appear Pro Hac Vice on behalf of Plaintiff POWERbahn, LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21508447) #76 #79 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - select - Motions and Related Filings - select - Applications - Ex Parte Applications - Motions - Petitions and Requests - select Application - select - Appear Pro Hac Vice (G-64) and attach Proposed Order. Case number is incorrect or missing. Other error(s) with document(s): The case number is missing the District Judge Initials. The correct case number is 2:17-cv-01393-MLH (MRWx). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (shb) |
Filing 79 APPLICATION to CORRECT First APPLICATION of Non-Resident Attorney Nicholas S. Boebel to Appear Pro Hac Vice on behalf of Plaintiff POWERbahn, LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21508447) #76 filed by plaintiff POWERbahn, LLC. (Attachments: #1 Proposed Order Proposed Order) (Beaudoin, Wayne) |
Filing 78 STATEMENT Joint Claim Construction filed by Defendant Zwift, Inc. (Attachments: #1 Exhibit A-Joint Claim Construction Chart, #2 Exhibit B-Joint Claim Construction Worksheet)(Pearce, Jonathan) |
Filing 77 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: First APPLICATION of Non-Resident Attorney Nicholas S. Boebel to Appear Pro Hac Vice on behalf of Plaintiff POWERbahn, LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21508447) #76 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. (lt) |
Filing 76 First APPLICATION of Non-Resident Attorney Nicholas S. Boebel to Appear Pro Hac Vice on behalf of Plaintiff POWERbahn, LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21508447) filed by plaintiff POWERbahn, LLC. (Attachments: #1 Propos ed Order Proposed Order) (Beaudoin, Wayne) |
Filing 75 REQUEST TO SUBSTITUTE ATTORNEY Wayne Earl Beaudoin in place of attorney Todd Christopher Atkins filed by plaintiff POWERbahn, LLC. Request set for hearing on 4/23/2018 at 10:30 AM before Judge Marilyn L. Huff. (Attachments: #1 Proposed Order Substitution of Counsel) (Attorney Wayne E Beaudoin added to party POWERbahn, LLC(pty:pla)) (Beaudoin, Wayne) |
Filing 74 ORDER RE CLAIM CONSTRUCTION HEARING by Judge Marilyn L. Huff. On January 25, 2018, the Court issued an amended scheduling order in this action. (Doc. No. 68.) Under that scheduling order, a claim construction hearing for the patentsin-suit is currently scheduled for Friday, June 15, 2018, at 10:00 a.m. In advance of that hearing, the Court orders as follows: On May 18, 2018, the parties will simultaneously file and serve opening briefs and any evidence supporting their claim constructions. On June 1, 2018, the parties will simultaneously file and serve briefs responsive to the opposing partys opening brief and any evidence directly rebutting the supporting evidence contained in the opposing partys opening brief. See order for further details. (shb) |
Filing 73 ORDER VACATING DISCOVERY MOTION HEARING by Judge Marilyn L. Huff: The Court granted Zwift leave to file the proposed discovery motion and scheduled a hearing on the discovery motion for Monday, March 26, 2018 at 10:30 a.m. #71 . On February 23, 2018, Zwift filed a notice #72 stating that it and Powerbahn have reachedan agreement regarding the production at issue, and, therefore, no motion to compel will be filed. Accordingly, the Court vacates the March 26, 2018 hearing.SEE ORDER FOR FULL DETAILS. (jre) |
Filing 72 NOTICE to Court that no Motion to Compel Will be Filed filed by Defendant Zwift, Inc.. (Pearce, Jonathan) |
Filing 70 Notice of Appearance or Withdrawal of Counsel: for attorney Todd C Atkins counsel for Plaintiff POWERbahn, LLC. Adding Nicholas S. Boebel as counsel of record for POWERbahn, LLC for the reason indicated in the G-123 Notice. Filed by plaintiff POWERbahn, LLC. (Atkins, Todd) |
Filing 71 ORDER GRANTING DEFENDANT'S REQUEST FOR LEAVE TO FILE A DISCOVERY MOTION #69 by Judge Marilyn L. Huff: The Court grants Defendant's request for leave to file its motion to compel. Defendant must file its motion to compel by Friday, February 23, 2018. The Court schedules a telephonic hearing on Defendant's motion to compel for Monday, March 26, 2018 at 10:30 a.m. The Court will initiate the telephone call. The parties must provide the Court with the necessary telephone numbers for the hearing by Thursday, March 22, 2018. Plaintiff's opposition, if any, is due by March 9, 2018. Defendant's reply, if any, is due by March 16, 2018. (jre) |
Filing 69 REQUEST for Leave to to File a Motion to Compel filed by Defendant Zwift, Inc.. (Pearce, Jonathan) |
Filing 68 ORDER GRANTING JOINT MOTION TO AMEND SCHEDULING ORDER AND ISSUING AMENDED SCHEDULING ORDER by Judge Marilyn L. Huff: Plaintiff must obtain new counsel in the action by February 19, 2018. Claim Construction Hearing set for hearing on Friday, June 15, 2018, at 10:00 a.m. Motion set for hearing on 10/19/2018 at 10:00 a.m. Final Pretrial Conference set for 11/30/2018 at 10:30 a.m. Jury Trial set for 12/4/2018 at 09:00 a.m. Status Conference set for 12/3/2018 at 10:30 a.m. SEE ORDER FOR FURTHER DETAILS AND OTHER SCHEDULING DATES AND DEADLINES. (shb) |
Filing 67 Joint STIPULATION to Continue Pending Deadlines from 01/19/2018 to 02/19/2018 filed by Defendant Zwift, Inc.. (Attachments: #1 Proposed Order)(Pearce, Jonathan) |
Filing 66 AMENDED SCHEDULING ORDER by Judge Marilyn L. Huff: The hearings originally scheduled have been rescheduled: Final Pretrial Conference set for 9/28/2018 at 10:30 AM, Jury Trial set for 10/2/2018 at 09:00 AM, Status Conference set for 10/1/2018 at 10:30 AM before Judge Marilyn L. Huff. See order for further details and changes. (shb) |
Filing 65 ORDER by Judge Marilyn L. Huff: granting #56 MOTION to Withdraw as Attorney. Attorney Matthew M Wawrzyn; Todd C Atkins and Stephen C Jarvis terminated; granting #57 MOTION to Stay Case ; denying #58 Motion to Compel. See order for details. (shb) |
Filing 64 MINUTES OF Telephonic Status Conference held before Judge Marilyn L. Huff: The case is called and appearances are made. Telephonic Case Management Conference is held. The Court will issue a written order. Court Recorder: Lynnette Lawrence (SDCA). (jre) |
Filing 63 MINUTE ORDER IN CHAMBERS by Judge Marilyn L. Huff: On December 8, 2017, Plaintiff filed a motion to withdraw as counsel and a motion for a 60-dayextension of all deadlines in the action. (Doc. Nos. #56 - #57 .) On December 13, 2017, Defendant filed an opposition to Plaintiff's motion for an extension of time. (Doc. No. #60 .) On December 13, 2017, the parties also filed a stipulation regarding Defendant's motion to compel document production. (Doc. Nos. #59 , #62 .) The Court schedules a telephonic hearing for Friday, December 15, 2017, at 10:00 a.m. The Court will initiate the telephone call. (jre) |
Filing 62 JOINT STIPULATION to MOTION to Compel Document Production and Answers to Interrogatories and for Expenses for the Motion #58 filed by Defendant Zwift, Inc.. (Attachments: #1 Exhibit 1-6, #2 Exhibit 7-12, #3 Exhibit 13-16)(Pearce, Jonathan) |
Filing 61 NOTICE OF ERRATA filed by Defendant Zwift, Inc.. correcting Joint Stipulation re Discovery Motion, #59 (Pearce, Jonathan) |
Filing 60 OPPOSITION in opposition to re: NOTICE OF MOTION AND MOTION to Stay Case pending 60-Days/Retention of New Counsel #57 filed by Defendant Zwift, Inc.. (Attachments: #1 Declaration of J. Pearce, #2 Exhibit 1)(Pearce, Jonathan) |
Filing 59 JOINT STIPULATION to MOTION to Compel Document Production and Answers to Interrogatories and for Expenses for the Motion #58 filed by Defendant Zwift, Inc.. (Attachments: #1 Exhibit 1-6, #2 Exhibit 7-12, #3 Exhibit 13-16)(Pearce, Jonathan) |
Filing 58 NOTICE OF MOTION AND MOTION to Compel Document Production and Answers to Interrogatories and for Expenses for the Motion filed by Defendant Zwift, Inc.. Motion set for hearing on 1/17/2018 at 09:30 AM before Magistrate Judge Michael R. Wilner. (Attachments: #1 Declaration of M. Harris)(Pearce, Jonathan) |
Filing 57 NOTICE OF MOTION AND MOTION to Stay Case pending 60-Days/Retention of New Counsel filed by Plaintiff POWERbahn, LLC. Motion set for hearing on 1/16/2018 at 10:30 AM before Judge Marilyn L. Huff. (Attachments: #1 Declaration Matthew M. Wawrzyn, #2 Proposed Order) (Wawrzyn, Matthew) |
Filing 56 NOTICE OF MOTION AND MOTION of Matthew M. Wawrzyn, Stephen C. Jarvis, and Todd C. Atkins to Withdraw as Attorney Unopposed Motion filed by Plaintiff POWERbahn, LLC. Motion set for hearing on 1/16/2018 at 10:30 AM before Judge Marilyn L. Huff. (Attachments: #1 Declaration Matthew M. Wawrzyn, #2 Exhibit, #3 Proposed Order) (Wawrzyn, Matthew) |
Filing 55 AMENDED SCHEDULING ORDER by Judge Marilyn L. Huff. Claim Construction Hearing set on 4/13/2018 at 10:00 AM. Motion set for hearing on 8/17/2018 at 10:00 AM. Final Pretrial Conference set for 9/21/2018 10:30 AM. Status Conference set for 9/24/2018 10:30 AM. Jury Trial set for 9/25/2018 09:00 AM. SEE ORDER FOR FURTHER AND COMPLETE DETAILS INCLUDING PRETRIAL DEADLINES. (jre) |
Filing 54 MINUTES OF Telephonic Case Management Conference held before Judge Marilyn L. Huff: The case is called and appearances are made. Telephonic Case Management Conference held. The Court will issue a written order. Court Recorder: Lynnette Lawrence (CASD). (jre) |
Filing 53 PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner, re: Stipulation for Protective Order, #52 . (mz) |
Filing 52 STIPULATION for Protective Order filed by Defendant Zwift, Inc..(Pearce, Jonathan) |
Filing 51 TENTATIVE SCHEDULING ORDER by Judge Marilyn L. Huff. In light of the parties' joint status report and the scheduled telephonic status conference, the Court issues the following tentative scheduling order.1 The parties must review this tentative order in advance of the case management conference. The July 24, 2017 scheduling order remains in place and governs the action until the Court issues an amended scheduling order. SEE ORDER FOR COMPLETE DETAILS. (jre) |
Filing 50 MINUTE ORDER RE PROTECTIVE ORDER, #49 by Magistrate Judge Michael R. Wilner. See attached order for further details. (mz) |
Filing 49 STIPULATION for Protective Order filed by Defendant Zwift, Inc..(Pearce, Jonathan) |
Filing 48 STATUS REPORT Joint Status Report filed by Plaintiff POWERbahn, LLC. (Wawrzyn, Matthew) |
Filing 47 ORDER SETTING TELEPHONIC STATUS CONFERENCE by Judge Marilyn L. Huff. The Court schedules a telephonic status conference for Friday, December 1, 2017 at 1:30 p.m. Pacific Standard Time. The Court will initiate the telephone call. The Court directs the parties to provide the Court with the necessary telephonenumbers for the status conference to the Court's e-file email address, efile_huff@casd.uscourts.gov, by November 29, 2017. In addition, the Court orders the parties to file a joint status report by Friday, November 17, 2017. The joint status report must include the patent-related disclosures that have been completed by the parties (e.g., infringement contentions, invalidity contentions, damages contentions, proposed claim constructions). (jre) |
Filing 46 ORDER OF THE CHIEF JUDGE (#17-105) approved by Judge Virginia A. Phillips. Pursuant to the directive of the Chief U.S. District Judge and in accordance with the rules of this Court, the following cases are ordered transferred from the calendar of Judge Beverly Reid O'Connell to the calendar of Judge Marilyn L. Huff for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:17-cv-01393 MLH(MRWx). (rn) |
Filing 45 MINUTES [In Chambers] ORDER DENYING PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENT #25 by Judge Andre Birotte Jr. Accordingly, Plaintiff's Motion to Enforce Settlement Agreement #25 is DENIED. The parties shall proceed according to the schedule entered July 24, 2017. SeeDocket No. 29. (lom) |
Filing 44 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #25 Responsive Supplemental Brief filed by Defendant Zwift, Inc.. (Attachments: #1 Declaration of Jonathan Pearce)(Harris, Michael) |
Filing 43 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #25 filed by Plaintiff POWERbahn, LLC. (Wawrzyn, Matthew) |
Filing 42 MINUTE ORDER IN CHAMBERS by Judge Andre Birotte Jr: ORDER RE: SUPPLEMENTAL BRIEFING AND HEARING ON PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENT #25 In an effort to clarify the dispute between the parties, the Court ORDERS the parties to submit supplemental briefing as to Plaintiffs MOTION TO ENFORCE SETTLEMENT AGREEMENT (filed 7/10/2017) #25 . This matter shall be set for Hearing on October 20, 2017 at 10:00 AM, in Courtroom 7B. IT IS SO ORDERED. (rfi) |
Filing 41 NOTICE TO PARTIES by District Judge Philip Guiterrez, Chair of the Case Management and Assignment Committee. The Court ORDERS that the MOTION TO ENFORCE SETTLEMENT AGREEMENT (filed 7/10/2017) #25 is hereby assigned to District Judge ANDRE BIROTTE, JR. Do not contact the court regarding the setting and hearing date of this motion. The parties will receive further instructions THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
Filing 40 MINUTES OF STATUS CONFERENCE held before Judge Beverly Reid O'Connell: Counsel states their appearances for the record. Court and counsel confer. The Court will reset the hearing on the MOTION TO ENFORCE SETTLEMENT AGREEMENT (filed 7/10/2017) #25 . IT IS SO ORDERED. Court Reporter: Myra Ponce. (rfi) |
Filing 39 SCHEDULING NOTICE by Judge Beverly Reid O'Connell re: NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #25 The Court, on its own motion, continues the hearing on the motion. The motion is continued to Tuesday, 9/12/2017 at 01:30 PM before Judge Beverly Reid O'Connell. The parties are ORDERED to appear on that date and time.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
Filing 38 ORDER RE: TELEPHONE CONFERENCE by Magistrate Judge Michael R. Wilner. The Court conferred with the parties regarding the status of the case. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY |
Filing 37 ORDER CONTINUING Hearing on Motion to Enforce Settlement Agreement #36 by Judge Beverly Reid O'Connell that the hearing on POWERbahn's motion to enforce settlement agreement for summary judgment is hereby continued to 9/11/2017 at 1:30 PM or as soon as may be heard by the Court. (jp) |
Filing 36 Second STIPULATION to Continue HEARING ON MOTION TO ENFORCE SETTLEMENT AGREEMENT from August 28, 2017 to September 11, 2017 Re: NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #25 filed by Defendant Zwift, Inc.. (Attachments: #1 Proposed Order)(Pearce, Jonathan) |
Filing 35 ORDER/REFERRAL to ADR Procedure No 1 by Judge Beverly Reid O'Connell. Case ordered to Magistrate Judge Gail J. Standish for Settlement Conference. ADR Proceeding to be held no later than March 19, 2018. (jloz) |
Filing 34 ORDER CONTINUING HEARING ON MOTION TO ENFORCE SETTLEMENT AGREEMENT by Judge Beverly Reid O'Connell, re Stipulation to Continue, #33 ,IT IS HEREBY ORDERED that the hearing on POWERbahns motion to enforce settlement agreement for summary judgment is hereby continued to August 28, 2017 at 1:30 PM or as soon as may be heard by the Court. IT IS SO ORDERED. (rfi) |
Filing 33 STIPULATION to Continue Hearing on Motion to Enforce Settlement Agreement from 8/14/2017 to 8/28/2017 Re: NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #25 filed by Plaintiff POWERbahn, LLC. (Attachments: #1 Proposed Order)(Wawrzyn, Matthew) |
Filing 32 MINUTE (IN CHAMBERS) ORDER RE: TELEPHONE CONFERENCE by Magistrate Judge Michael R. Wilner. The Court conducted a telephonic hearing with the parties regarding the status of the case. The Court sets a further telephonic status conference on August 29, 2017 at 2:00 p.m. re: Text Only Scheduling Notice 30 (vm) |
Filing 31 REPLY in support NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #25 filed by Plaintiff POWERbahn, LLC. (Wawrzyn, Matthew) |
Filing 30 SCHEDULING NOTICE by Magistrate Judge Michael R. Wilner. Telephone Conference set for August 3, 2017 at 11:00 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY |
Filing 29 ORDER RE CIVIL JURY TRIAL by Judge Beverly Reid O'Connell. Amended Pleadings due by 10/23/2017. Discovery cut-off 3/5/2018. Motions in Limine to be filed by 4/2/2018. Last date to hear Motions by 3/12/2018 at 1:30 PM. Proposed Pretrial Order due by 4/2/2018. Last date to conduct settlement conference is 3/19/2018. Motions in Limine set for hearing on 4/30/2018 at 01:30 PM before Judge Beverly Reid O'Connell. Pretrial Conference set for 4/16/2018 at 03:00 PM before Judge Beverly Reid O'Connell. Jury Trial set for 5/15/2018 at 08:30 AM before Judge Beverly Reid O'Connell. (jloz) |
Filing 28 MINUTES OF Scheduling Conference held before Judge Beverly Reid O'Connell. Matter called. Counsel states their appearances for the record. Court and counsel confer. Court conducts Scheduling Conference. Counsel are reminded to fully comply with Federal Rules of Civil Procedure, Rule 26(a). Counsel inform the Court that their selection for a settlement procedure pursuant to Local Rule 16-14 is the Magistrate Judge. The Court orders that any settlement discussions shall be completed no later than March 19, 2018. Civil Jury Trial Order to follow. IT IS SO ORDERED. Court Reporter: Myra Ponce. (jloz) |
Filing 27 OPPOSITION in opposition re: NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #25 filed by Defendant Zwift, Inc.. (Attachments: #1 Declaration of Jonathan Pearce, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Pearce, Jonathan) |
Filing 26 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff POWERbahn, LLC.. (Wawrzyn, Matthew) |
Filing 25 NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement filed by plaintiff POWERbahn, LLC. Motion set for hearing on 8/14/2017 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Declaration, #2 Proposed Order) (Atkins, Todd) |
Filing 24 NOTICE of Change of Attorney Business or Contact Information: for attorney Stephen C Jarvis counsel for Plaintiff POWERbahn, LLC. Changing address to 2700 Patriot Boulevard, Suite 250 Glenview, IL 60026. Filed by plaintiff POWERbahn, LLC. (Jarvis, Stephen) |
Filing 23 NOTICE of Change of Attorney Business or Contact Information: for attorney Matthew M Wawrzyn counsel for Plaintiff POWERbahn, LLC. Changing address to 2700 Patriot Boulevard, Suite 250 Glenview, IL 60026. Filed by plaintiff POWERbahn, LLC. (Wawrzyn, Matthew) |
Filing 22 ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim #19 with JURY DEMAND filed by Plaintiff POWERbahn, LLC.(Wawrzyn, Matthew) |
Filing 21 ORDER SETTING SCHEDULING CONFERENCE by Judge Beverly Reid O'Connell: A Scheduling Conference is set for 7/24/2017 at 1:30 PM before Judge Beverly Reid O'Connell. (cw) |
Filing 20 Certification and Notice of Interested Parties filed by Defendant Zwift, Inc., (Pearce, Jonathan) |
Filing 19 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND, COUNTERCLAIM against POWERbahn, LLC filed by Defendant Zwift, Inc..(Pearce, Jonathan) |
Filing 18 Joint STIPULATION Extending Time to Answer the complaint as to Zwift, Inc. answer now due 4/26/2017, re Complaint (Attorney Civil Case Opening), #1 filed by plaintiff POWERbahn, LLC.(Atkins, Todd) |
Filing 17 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Beverly Reid O'Connell: granting #15 Non-Resident Attorney Stephen C Jarvis APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff POWERbahn, LLC, designating Todd C Atkins as local counsel. (jp) |
Filing 16 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIAL CASE PRO HAC VICE by Judge Beverly Reid O'Connell: granting #14 Non-Resident Attorney Matthew M Wawrzyn APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff POWERbahn, LLC, designating Todd C Atkins as local counsel. (jp) |
Filing 15 APPLICATION of Non-Resident Attorney Stephen C. Jarvis to Appear Pro Hac Vice on behalf of Plaintiff POWERbahn, LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19523586) filed by plaintiff POWERbahn, LLC. (Attachments: #1 Proposed Ord er) (Atkins, Todd) |
Filing 14 APPLICATION of Non-Resident Attorney Matthew M. Wawrzyn to Appear Pro Hac Vice on behalf of Plaintiff POWERbahn, LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19523541) filed by plaintiff POWERbahn, LLC. (Attachments: #1 Proposed Or der) (Atkins, Todd) |
Filing 13 STANDING ORDER REGARDING NEWLY ASSIGNED CASES upon filing of the complaint by Judge Beverly Reid O'Connell. (jp) |
Filing 12 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by POWERbahn, LLC. (Atkins, Todd) |
Filing 11 CERTIFICATE of Interested Parties filed by Plaintiff POWERbahn, LLC, (Atkins, Todd) |
Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Stephen C Jarvis. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Matthew M Wawrzyn. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
Filing 8 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) |
Filing 7 NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (ghap) |
Filing 6 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Zwift, Inc. (ghap) |
Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
Filing 4 NOTICE OF ASSIGNMENT to District Judge Beverly Reid OConnell and Magistrate Judge Michael R. Wilner. (ghap) |
Filing 3 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Powerbahn, LLC. (Atkins, Todd) |
Filing 2 CIVIL COVER SHEET filed by Plaintiff Powerbahn, LLC. (Atkins, Todd) |
Filing 1 COMPLAINT Receipt No: 0973-19394137 - Fee: $400, filed by plaintiff Powerbahn, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C) (Attorney Todd C Atkins added to party Powerbahn, LLC(pty:pla))(Atkins, Todd) |
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