Highmark Digital, Inc. v. Casablanca Design Centers, Inc. et al
Plaintiff: Highmark Digital, Inc.
Defendant: Four Seasons Windows, Inc., David Winter, Interior Door & Closet Company, One Day Doors and Closets, Inc., Casablanca Design Centers, Inc., Interior Door and Closet Company and One Day Enterprises, LLC
Counter Defendant: Richard Matulia
Case Number: 2:2018cv06105
Filed: July 13, 2018
Court: US District Court for the Central District of California
Presiding Judge: S James Otero
Referring Judge: Alka Sagar
2 Judge: George H Wu
Nature of Suit: Other Statutory Actions
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 1, 2021 Opinion or Order Filing 227 ORDER GRANTING JOINT STIPULATION TO AMEND THE SCHEDULING ORDER by Judge George H. Wu, re Stipulation to Continue, #226 . (Jury Trial continued to 9/21/2021 at 09:00 AM before Judge George H. Wu. Pretrial Conference continued to 9/9/2021 at 08:30 AM before Judge George H. Wu.) (mrgo)
March 31, 2021 Filing 226 Joint STIPULATION to Continue Pretrial and Trial Dates from May 13, 2021 and May 25, 2021 to September 9, 2021 and September 20, 2021 Re: Order,, Set/Reset Hearing, #223 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Declaration of Thomas P. Krzeminski in Support of Joint Motion to Amend the Scheduling Order, #2 Declaration of Martin N. Jensen in Support of Joint Motion to Amend the Scheduling Order, #3 Proposed Order Granting the Parties Joint Stipulation to Amend the Scheduling Order)(Krzeminski, Thomas)
March 15, 2021 Filing 225 Notice of Appearance or Withdrawal of Counsel: for attorney Martin Niels Jensen counsel for Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. Adding Joceline Martha Herman as counsel of record for Casablanca Design Center, Inc., Four Seasons Windows, Inc., Interior Door & Closet Company, One Day Doors and Closets, Inc., David Winter, and One Day Enterprises, LLC for the reason indicated in the G-123 Notice. Filed by Defendants Casablanca Design Center, Inc., Four Seasons Windows, Inc., Interior Door & Closet Company, One Day Doors and Closets, Inc., David Winter, and One Day Enterprises, LLC. (Jensen, Martin)
March 15, 2021 Filing 224 Notice of Appearance or Withdrawal of Counsel: for attorney Martin Niels Jensen counsel for Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. Filed by Defendants Casablanca Design Center, Inc., Four Seasons Windows, Inc., Interior Door & Closet Company, One Day Doors and Closets, Inc., David Winter, and One Day Enterprises, LLC. (Jensen, Martin)
February 2, 2021 Opinion or Order Filing 223 ORDER GRANTING JOINT STIPULATION TO AMEND THE SCHEDULING ORDER by Judge George H. Wu, re Stipulation to Continue, #222 . (Jury Trial continued to 5/25/2021 at 09:00 AM before Judge George H. Wu. Pretrial Conference continued to 5/13/2021 at 08:30 AM before Judge George H. Wu.) (mrgo)
February 2, 2021 Filing 222 STIPULATION to Continue Pretrial and Trial Dates from February 25, 2021 and March 9, 2021 to May 13, 2021 and May 25, 2021 Re: Order,, Set/Reset Deadlines/Hearings, #221 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Declaration of Thomas P. Krzeminski in Support of Joint Motion to Amend the Scheduling Order, #2 Declaration of Jeffrey A. Nordlander in Support of Joint Motion to Amend the Scheduling Order, #3 Proposed Order Granting the Parties Joint Stipulation to Amend the Scheduling Order)(Krzeminski, Thomas)
October 15, 2020 Opinion or Order Filing 221 ORDER GRANTING JOINT STIPULATION TO MODIFY THE SCHEDULING ORDER by Judge George H. Wu, re Stipulation to Continue #220 :It is hereby ORDERED that the Scheduling Order is modified as follows: Pretrial Conference: February 25, 2021 at 8:30 a.m. Jury Trial: March 9, 2021 at 9:00 a.m. All pending dates are reset accordingly. IT IS SO ORDERED. (bm)
October 13, 2020 Filing 220 STIPULATION to Continue Pretrial and Trial Dates from November 5, 2020 and November 17, 2020 to February 23, 2021 and March 9, 2021 Re: Order, Set/Reset Hearing #212 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Declaration of Jeffrey A. Nordlander in Support of Joint Motion to Modify the Scheduling Order, #2 Declaration of Thomas P. Krzeminski in Support of Joint Stipulation to Modify the Scheduling Order, #3 Proposed Order Granting the Parties Joint Stipulation to Modify the Scheduling Order)(Krzeminski, Thomas)
August 18, 2020 Opinion or Order Filing 219 MINUTE ORDER (IN CHAMBERS) - RULING ON PLAINTIFF'S MOTION TO EXCLUDE TESTIMONY OF DEFENDANTS' EXPERT DON VILFER #182 by Judge George H. Wu re: #182 MOTION to Exclude. Attached is the Court's Final Ruling. The Court DENIES Plaintiff's Motion to Exclude Testimony of Defendants' Expert Don Vilfer. (mrgo)
August 11, 2020 Filing 218 STATEMENT on Plaintiff's Motion to Exclude Testimony of Defendants' Expert Don Vilfer filed Jointly filed by Plaintiff Highmark Digital, Inc. re: Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #217 . (Krzeminski, Thomas)
August 7, 2020 Opinion or Order Filing 217 MINUTE ORDER IN CHAMBERS by Judge George H. Wu. In light of the subsequent reassignment of the case (Docket No. 202), the parties are requested to file by August 11, 2020 a joint statement (not to exceed two pages) regarding whether Plaintiff's Motion to Exclude Testimony of Defendants' Expert Don Vilfer (Docket No. 182) was ruled upon by Judge Otero or whether it still requires resolution by the Court. (mrgo)
July 16, 2020 Opinion or Order Filing 216 MINUTES (IN CHAMBERS): ORDER DENYING MOTION FOR BIFURCATION OF TRIAL AND SEPARATE JURIES by Judge George H. Wu re: #209 MOTION to Bifurcate. For the reasons addressed in the Opposition brief filed by plaintiff Highmark Digital, Inc. ("Plaintiff"), the Court denies the motion. In particular, 1) disposition of the statute of limitations defense will not obviate the need for a further trial on liability as to at least some of the claims and defendants, 2) a factual background presentation will be necessary for both trials, duplicating at least that portion of the effort, and would lead to minimal time-and efficiency-savings, if any, and 3) given the situation with the ongoing coronavirus limitations, empaneling even a single jury taxes our society and the judicial system far more than under normal circumstances. The motion is denied, and the hearing set for Monday, July 20, 2020, vacated as per C.G. Cal. L.R. 7-15. (See document for details) (mrgo)
July 6, 2020 Filing 215 REPLY in support of (Corrected Reply - Case No.Only) Motion for Bifurcation of Trial and Separate Juries [Doc 209] filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Jensen, Martin)
July 6, 2020 Filing 214 REPLY in support of motion for bifurcation of trial and separate juries filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Jensen, Martin)
June 29, 2020 Filing 213 MEMORANDUM in Opposition to Defendants Motion for Bifurcation of Trial and Separate Juries #209 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
June 24, 2020 Opinion or Order Filing 212 ORDER GRANTING JOINT STIPULATION TO MODIFY THE SCHEDULING ORDER #211 by Judge George H. Wu : Pretrial Conference set for 11/5/2020 08:30 AM; Jury Trial set for 11/17/2020 09:00 AM. (lc)
June 22, 2020 Filing 211 Joint STIPULATION to Continue Pretrial and Trial Dates from July 27, 2020 and August 11, 2020 to TBD Re: Order,, Set/Reset Hearing, #206 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Declaration Jeffrey A. Nordlander in Support of Joint Stipulation to Modify the Scheduling Order, #2 Declaration of Thomas P. Krzeminski in Support of Joint Stipulation to Modify the Scheduling Order, #3 Proposed Order Granting the Parties Joint Stipulation to Modify the Scheduling Order)(Krzeminski, Thomas)
June 16, 2020 Filing 210 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other),, #209 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Bifurcate. Other error(s) with document(s): To efile, use the search feature and search for Applications/Ex Parte Applications/Motions/Petitions/Requests - Bifurcate. This will allow you to set the hearing on the Judge's calendar. 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. (lom)
June 16, 2020 Filing 209 NOTICE of Motion and Motion for Bifurcation of Trial and Separate Juries filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendants' Motion for Bifurcation of Trial and Separate Juries, #2 Declaration of Jeffrey A. Nordlander in Support of Defendants' Motion for Bifurcation and Separate Juries, #3 [Proposed] Order Granting Defendants' Motion to Bifurcate and Separate Juries)(Jensen, Martin) Modified on 7/16/2020 (mrgo).
May 13, 2020 Opinion or Order Filing 208 ORDER CORRECTING TYPOGRAPHICAL ERROR IN THE COURTS SUMMARY JUDGMENT DECISION by Judge George H. Wu, re Notice (Other) #207 . Accordingly, it is hereby ORDERED that the final sentence in the section entitled "Preemption of HighMark's Breach of Fiduciary Duty and Unfair Competition Claims" of the Court's summary judgment decision, D.I. 201, is corrected to read: Therefore, the Court GRANTS Winter's MSJ on HighMark's breach of fiduciary duty and unfair competition claims. (mrgo)
May 12, 2020 Filing 207 NOTICE filed by Plaintiff Highmark Digital, Inc.. of Typographical Error in Summary Judgment Decision (Attachments: #1 Proposed Order Correcting Typographical Error in the Court's Summary Judgment Decision)(Krzeminski, Thomas)
April 23, 2020 Opinion or Order Filing 206 ORDER GRANTING JOINT STIPULATION TO MODIFY THE SCHEDULING ORDER by Judge George H. Wu, re Stipulation to Continue, #205 . (Jury Trial continued to 8/11/2020 at 09:00 AM before Judge George H. Wu. Pretrial Conference continued to 7/27/2020 at 08:30 AM before Judge George H. Wu.) (mrgo)
April 20, 2020 Filing 205 Joint STIPULATION to Continue Pretrial and Trial Dates Re: Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Hearing,,, #204 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Declaration of Jeffrey Nordlander in Support of Joint Motion to Modify the Scheduling Order, #2 Proposed Order Granting the Parties' Joint Stipulation to Modify the Scheduling Order)(Krzeminski, Thomas)
April 6, 2020 Opinion or Order Filing 204 MINUTE ORDER IN CHAMBERS - TRANSFER OF CASE TO JUDGE WU by Judge George H. Wu. This action has been reassigned to the HONORABLE GEORGE H. WU, United States District Judge. The magistrate judge's initials remain the same. Please substitute the initials GW in place of the initials SJO. The case number will now read: CV 18-6105-GW-ASx. As documents are routed using the judge's initials, it is important to use the correct initials on all subsequent filings. Judge Wu's Courtroom Deputy Clerk, Javier Gonzalez, can be reached at javier_gonzalez@cacd.uscourts.gov. Trial in this matter will remain set for June 9, 2020 at 9:00 a.m. The pretrial conference set for June 1, 2020, is advanced to May 28, 2020 at 8:30 a.m. (mrgo)
April 6, 2020 Opinion or Order Filing 203 STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. (SEE DOCUMENT FOR DETAILS) (mrgo)
April 2, 2020 Opinion or Order Filing 202 ORDER OF THE CHIEF JUDGE (#20-051) approved by Judge Virginia A. Phillips. IT IS ORDERED, with the concurrence of the Case Management and Assignment Committee, that the following cases be reassigned from the calendar of Judge S. James Otero to the Calendar of Judge George H. Wu for all futher proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-06105 GW(ASx). (rn)
March 26, 2020 Filing 201 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER GRANTING-IN-PART AND DENYING-IN-PART CORPORATE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT #146 ; ORDERGRANTING-IN-PART AND DENYING-IN-PART DEFENDANT WINTER'S MOTION FOR SUMMARY JUDGMENT #147 ; ORDER DENYING PLAINTIFF HIGHMARK'S MOTION FOR SUMMARY JUDGMENT #148 ; ORDER GRANTING-IN-PART AND DENYING-IN PART CORPORATE DEFENDANTS' AND DEFENDANT WINTER'S MOTION TO EXCLUDE EXPERT TESTIMONY OF DEREK HUISJEN #152 . (lc)
March 16, 2020 Filing 200 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Sealed Document, [ docket no 199]. The following error(s) was/were found: thus making the current filing electronic headers illegible 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. (lc)
March 13, 2020 Filing 199 SEALED DOCUMENT re Sealed Declaration in SupportDeclaration, #181 , Order on Motion for Leave to File Document Under Seal,, #192 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 [REDACTED PORTIONS], #4 Exhibit 5)(Krzeminski, Thomas)
March 10, 2020 Filing 198 SCHEDULING NOTICE by Judge S. James Otero. The Court finds the following motions suitable for disposition without oral argument and vacates the hearing on the MOTION for Summary Judgment as to Second Amended Complaint filed by Defendants Casablanca Design Centers, Inc., Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC #146 , the MOTION for Summary Judgment as to Plaintiff's Second Amended Complaint filed by Defendant David Winter (ECF No. 147), the MOTION for Summary Judgment as to All Claims filed by Plaintiff Highmark Digital, Inc. (ECF No. 148), the MOTION to Exclude Expert Testimony of Plaintiff's Technical Expert Witness Derek Huisjen filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (ECF No. 152) and the MOTION to Exclude Testimony of Defendants' Expert Don Vilfer filed by Plaintiff Highmark Digital, Inc. (ECF No. 182) set for hearing on March 16, 2020. No appearance is required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
March 7, 2020 Filing 197 SEALED DOCUMENT re Declaration of Thomas Krzeminski in Support of Application to File Exhibit A re Order on Motion for Leave to File Document Under Seal, #191 , Sealed Declaration in SupportDeclaration, #172 , APPLICATION to file document Exhibit A in Support of Ex Parte to Reconvene Settlement Conference under seal #171 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit A)(Krzeminski, Thomas)
March 2, 2020 Filing 196 Notice of Electronic Filing re Objection/Opposition (Motion related),,, #193 , NOTICE OF MOTION AND MOTION to Exclude Testimony of Defendants' Expert Don Vilfer #182 , Order on Motion for Leave to File Document Under Seal, #191 , Settlement Conference, #194 , Sealed Document,, #185 , Exhibit to Motion, #183 , Order on Motion for Settlement, #189 , Exhibit to Motion, #184 , Objection/Opposition (Motion related),, #188 , Reply (Motion related), #195 , Order on Motion to Continue,, #190 , EX PARTE APPLICATION to Continue Summary Judgments and Related Motions from February 18, 2020 to March 16, 2020 Re: Order on Motion to Continue,, #161 #187 , Sealed Document, #186 e-mailed to Michael C. Rocha bounced due to Your message to crocha@porterscott.com couldn't be delivered. crocha wasn't found at porterscott.com. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY
March 2, 2020 Filing 195 REPLY in Support NOTICE OF MOTION AND MOTION to Exclude Testimony of Defendants' Expert Don Vilfer #182 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Declaration in Support of Plaintiff HighMarks Motion to Exclude Defendants Expert Don Vilfer, #2 Exhibit 6)(Krzeminski, Thomas)
February 27, 2020 Filing 194 MINUTES OF Settlement Conference held before Judge S. James Otero: Court, counsel and party representatives confer in chambers. Matter recalled.Case does not settle. The trial date of June 9, 2020, remains. Court Reporter: Katie Thibodeaux. (lc)
February 24, 2020 Filing 193 OPPOSITION In Support Of re: NOTICE OF MOTION AND MOTION to Exclude Testimony of Defendants' Expert Don Vilfer #182 filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Attachments: #1 Declaration DECLARATION OF JEFFREY A. NORDLANDER IN SUPPORT OF DEFENDANTS' OPPOSITION TO HIGHMARK DIGITAL, INC.'S MOTION TO EXCLUDE THE TESTIMONY OF DEFENDANTS' EXPERT DON VILFER, #2 Declaration DECLARATION OF DON VILFER IN SUPPORT OF DEFENDANTS' OPPOSITION TO HIGHMARK DIGITAL, INC.'S MOTION TO EXCLUDE THE TESTIMONY OF DEFENDANTS' EXPERT DON VILFER)(Jensen, Martin)
February 13, 2020 Opinion or Order Filing 192 ORDER GRANTING HIGHMARK DIGITAL, INC.'S LEAVE TO FILE EXHIBITS 1-2 & 5 AND REDACTED PORTIONS OF EXHIBIT 3 IN SUPPORT OF PLAINTIFF'S MOTION TO EXCLUDE THE TESTIMONY OF DEFENDANTS' EXPERT DON VILFER UNDER SEAL #180 by Judge S. James Otero. IT IS HEREBY ORDERED THAT Plaintiff Highmark has leave to file under seal, Exhibits 1-2 & 5 and the redacted portions of Exhibit 3 to the Declaration of Thomas P. Krzeminski in Support of Plaintiff HighMark's Motion to Exclude Defendants' Expert Don Vilfer. (lom)
February 13, 2020 Opinion or Order Filing 191 ORDER GRANTING HIGHMARK DIGITAL, INC. LEAVE TO FILE EXHIBIT A IN SUPPORT OF EX PARTE APPLICATION TO RECONVENE THE APRIL 11, 2019 SETTLEMENT CONFERENCE UNDER SEAL #171 by Judge S. James Otero. IT IS HEREBY ORDERED THAT Plaintiff Highmark has leave to file under seal, Exhibit A to the Declaration of Thomas P. Krzeminski in Support of Plaintiff's Ex Parte Application to Reconvene the April 11, 2019 Settlement Conference. (lom)
February 13, 2020 Opinion or Order Filing 190 ORDER GRANTING PLAINTIFF HIGHMARK DIGITAL, INC.'S EX PARTE APPLICATION FOR A CONTINUANCE OF THE HEARING DATE FOR PARTIES' MOTIONS FOR SUMMARY JUDGMENT AND RELATED MOTIONS #187 by Judge S. James Otero. The hearing date for the parties' pending Summary Judgment Motions [ECF Nos. 146, 147, and 148] and Defendants' Motion to Exclude Plaintiff's Expert Derek Huisjen [ECF No. 152] is continued from February 18, 2020 to March 16, 2020 at 10:00 a.m., in order to allow for the concurrent resolution of HighMark's Motion to Exclude the Expert Testimony of Don Vilfer. (lom)
February 12, 2020 Filing 188 Opposition in support of re: EX PARTE APPLICATION to Continue Summary Judgments and Related Motions from February 18, 2020 to March 16, 2020 Re: Order on Motion to Continue,, #161 #187 filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Attachments: #1 Declaration of Jeffrey A. Nordlander in Support of Defendants' Opposition to Plaintiff Highmark's Ex Parte Application for Order Granting Continuance of the Hearing Dates for Parties' Motions for Summary Judgment, and Related Motions)(Jensen, Martin)
February 10, 2020 Opinion or Order Filing 189 ORDER GRANTING PLAINTIFF HIGHMARK DIGITAL, INC.'S EX PARTE APPLICATION TO RECONVENE THE COURT'S APRIL 11, 2019 SETTLEMENT CONFERENCE #173 by Judge S. James Otero. The Court hereby orders as follows: This Court will reconvene a Settlement Conference in this matter on February 27, 2020 at 10:00 am. (lom) Modified on 2/12/2020 (lom).
February 10, 2020 Filing 187 EX PARTE APPLICATION to Continue Summary Judgments and Related Motions from February 18, 2020 to March 16, 2020 Re: Order on Motion to Continue,, #161 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Declaration of Thomas P. Krzeminski in Support of Plaintiffs Ex Parte Application to Continue the Hearings for Summary Judgment and Related Motions, #2 Proposed Order Granting Plaintiffs Ex Parte Application to Continue the Hearings for Summary Judgment and Related Motions) (Krzeminski, Thomas)
February 10, 2020 Filing 186 SEALED DOCUMENT Corrected Caption of the Declaration of Thomas P. Krzeminski in Support of Application to File Exhibits 1-10 Under Seal [D.I. 185] re Order on Motion for Leave to File Document Under Seal #150 filed by Plaintiff Highmark Digital, Inc..(Krzeminski, Thomas)
February 10, 2020 Filing 185 SEALED DOCUMENT Declaration of Thomas P. Krzeminski in Support of Application to File Exhibits 1-10 Under Seal re Order on Motion for Leave to File Document Under Seal #150 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 [Part 1 of 6], #9 Exhibit 8 [Part 2 of 6], #10 Exhibit 8 [Part 3 of 6], #11 Exhibit 8 [Part 4 of 6], #12 Exhibit 8 [Part 5 of 6], #13 Exhibit 8 [Part 6 of 6], #14 Exhibit 9, #15 Exhibit 10)(Krzeminski, Thomas)
February 8, 2020 Filing 184 EXHIBIT 59 to NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims #148 Supported by #151 Declaration of Thomas Krzeminski in Support of Highmark's Motion for Summary Judgment filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
February 8, 2020 Filing 183 EXHIBIT 58 to NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims #148 Supported by #151 Declaration of TPK in Support of Highmark's Motion for Summary Judgment filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
February 7, 2020 Filing 182 NOTICE OF MOTION AND MOTION to Exclude Testimony of Defendants' Expert Don Vilfer filed by Plaintiff Highmark Digital, Inc.. Motion set for hearing on 3/16/2020 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum in Support of Motion to Exclude Defendants' Expert Don Vilfer, #2 Declaration of Thomas P. Krzeminski in Support of Motion to Exclude Defendants' Expert Don Vilfer, #3 Exhibit 1 [FILED UNDER SEAL], #4 Exhibit 2 [FILED UNDER SEAL], #5 Exhibit 3 [REDACTED], #6 Exhibit 4, #7 Exhibit 5 [FILED UNDER SEAL], #8 Proposed Order Granting Plaintiff HighMark's Motion to Exclude Defendants' Expert Don Vilfer) (Krzeminski, Thomas)
February 7, 2020 Filing 181 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits 1-2 & 5 and Redacted Portions of Exhibit 3 in Support of Plaintiff's Motion to Exclude under seal #180 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit 1 [FILED UNDER SEAL], #2 Exhibit 2 [FILED UNDER SEAL], #3 Exhibit 3 [UNREDACTED PORTIONS FILED UNDER SEAL], #4 Exhibit 5 [FILED UNDER SEAL], #5 PROOF OF SERVICE)(Krzeminski, Thomas)
February 7, 2020 Filing 180 APPLICATION to file document Exhibits 1-2 & 5 and Redacted Portions of Exhibit 3 in Support of Plaintiff's Motion to Exclude under seal filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Proposed Order Granting Plaintiff HighMark's Application for Leave to File Exhibits 1-2 & 5 and Redacted Portions of 3 Under Seal)(Krzeminski, Thomas)
February 4, 2020 Filing 179 OPPOSITION to EX PARTE APPLICATION for Settlement Approval of Request to Reconvene April 11, 2019 Settlement Conference #173 filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Jensen, Martin)
February 4, 2020 Filing 178 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Second Amended Complaint #147 filed by Defendant David Winter. (Attachments: #1 David Winter's Reply to Plaintiff's Statement of Genuine Disputes in Opposition to Motion for Summary Judgment or, in the Alternative Partial Summary Judgment, #2 David Winter's Objections to Evidence in Support of Reply to Highmark Digital, Inc.'s Opposition to Motion for Summary Judgment or, in the Alternative Partial Summary Judgment)(Jensen, Martin)
February 4, 2020 Filing 177 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint #146 filed by Defendants Casablanca Design Centers, Inc., Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Attachments: #1 Entity Defendants' Reply to Plaintiff's Statement of Genuine Disputes in Opposition to Motion for Summary Judgment or, in the Alternative Partial Summary Judgment, #2 Declaration of Jeffrey A. Nordlander in Support of Entity Defendants' Reply to Highmark Digital, Inc.'s Opposition to Motion for Summary Judgment or, in the Alternative Partial Summary Judgment, #3 Entity Defendants' Objections to Evidence in Support of Reply to Highmark Digital, Inc.'s Opposition to Motion for Summary Judgment or, in the Alternative Partial Summary Judgment)(Jensen, Martin)
February 4, 2020 Filing 176 REPLY in support of NOTICE OF MOTION AND MOTION to Exclude Expert Testimony of Plaintiff's Technical Expert Witness Derek Huisjen #152 filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Attachments: #1 Declaration of Jeffrey A. Nordlander in Support of Defendants' Reply to Highmark Digital, Inc.'s Opposition to Motion to Exclude Expert Testimony of Plaintiff's Technical Expert Witness Derek Huisjen)(Jensen, Martin)
February 4, 2020 Filing 175 DECLARATION of Thomas P. Krzeminski in Support of Motion for Summary Judgment and in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims #148 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit 11 [Amended], #2 Exhibit 14 [Amended], #3 Exhibit 60 [Amended])(Krzeminski, Thomas)
February 4, 2020 Filing 174 REPLY in Support NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims #148 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
February 3, 2020 Filing 173 EX PARTE APPLICATION for Settlement Approval of Request to Reconvene April 11, 2019 Settlement Conference filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Declaration Thomas P. Krzeminski in Support of Plaintiff Highmark Digital Inc.s Ex Parte Application, #2 Exhibit A [Cover Page], #3 Proposed Order Granting Plaintiffs Ex Parte Application to Reconvene the Courts April 11, 2019 Settlement Conference.) (Krzeminski, Thomas)
February 3, 2020 Filing 172 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit A in Support of Ex Parte to Reconvene Settlement Conference under seal #171 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit A [FILED UNDER SEAL])(Krzeminski, Thomas)
February 3, 2020 Filing 171 APPLICATION to file document Exhibit A in Support of Ex Parte to Reconvene Settlement Conference under seal filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Proposed Order Granting Plaintiff HighMark's Application to File Exhibit A Under Seal)(Krzeminski, Thomas)
January 29, 2020 Filing 170 DECLARATION of Thomas P. Krzeminski in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims #148 and in Support of Opposition to Defendants' Motion for Summary Judgment #164 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit 11 (Amended), #2 Exhibit 12 (Amended))(Krzeminski, Thomas)
January 28, 2020 Filing 169 DECLARATION of Derek Huisjen in Support of Opposition to NOTICE OF MOTION AND MOTION to Exclude Expert Testimony of Plaintiff's Technical Expert Witness Derek Huisjen #152 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
January 28, 2020 Filing 168 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Exclude Expert Testimony of Plaintiff's Technical Expert Witness Derek Huisjen #152 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Declaration in Support of HighMark's Opposition to Defendants' Motion to Exclude Expert Testimony, #2 Exhibit 65)(Krzeminski, Thomas)
January 28, 2020 Filing 167 STATEMENT of Genuine Issues to David Winter's Disputed Material Facts NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Second Amended Complaint #147 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
January 28, 2020 Filing 166 STATEMENT of Genuine Issues to Entity Defendants' Disputed Material Facts NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint #146 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
January 28, 2020 Filing 165 DECLARATION of Thomas P. Krzeminski in Support of Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint #146 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Second Amended Complaint #147 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit 60, #2 Exhibit 61, #3 Exhibit 62, #4 Exhibit 63, #5 Exhibit 64)(Krzeminski, Thomas)
January 28, 2020 Filing 164 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint #146 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Second Amended Complaint #147 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Declaration of Richard Matulia, #2 Declaration of Joseph Fallon, #3 Supplement Declaration of Derek Huisjen)(Krzeminski, Thomas)
January 28, 2020 Filing 163 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims #148 filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Attachments: #1 Defendants' Statement of Genuine Disputes in Opposition to Highmark Digital, Inc.'s Statement of Uncontroverted Facts and Conclusions of Law in Support of Motion for Summary Judgment, #2 Defendants' Statement of Additional Material Facts in Opposition to Highmark Digital, Inc.'s Motion for Summary Judgment, #3 Defendants' Objections to Evidence in Support of Opposition to Highmark Digital, Inc.'s Motion for Summary Judgment, #4 Declaration of Martin N. Jensen in Support of Defendants' Opposition to Highmark Digital, Inc.'s Motion for Summary Judgment (Exhibit A), #5 Exhibit B to Declaration of Martin N. Jensen in Support of Defendants' Opposition to Highmark Digital, Inc.'s Motion for Summary Judgment, #6 Exhibit C-F to Declaration of Martin N. Jensen in Support of Defendants' Opposition to Highmark Digital, Inc.'s Motion for Summary Judgment, #7 Exhibit G-H to Declaration of Martin N. Jensen in Support of Defendants' Opposition to Highmark Digital, Inc.'s Motion for Summary Judgment, #8 Exhibit I-V to Declaration of Martin N. Jensen in Support of Defendants' Opposition to Highmark Digital, Inc.'s Motion for Summary Judgment, #9 Declaration of David Winter in Support of Defendants' Opposition to Highmark Digital, Inc.'s Motion for Summary Judgment, #10 Declaration of Don Vilfer in Support of Defendants' Opposition to Highmark Digital, Inc.'s Motion for Summary Judgment, #11 Declaration of Glenn Johnson in Support of Defendants' Opposition to Highmark Digital, Inc.'s Motion for Summary Judgment)(Jensen, Martin)
January 9, 2020 Filing 162 SCHEDULING NOTICE by Judge S. James Otero. The parties have inquired into the page limits for the opposition and reply briefs for the pending motions for summary judgment. The Court sets the following page limits: For the five Corporate Defendants, including Casablanca Design Centers, Four Seasons Windows, Interior Door and Closet Company, One Day Doors and Closets, and One Day Enterprises, their opposition brief is limited to 25 pages their reply brief is limited to 7 pages. Defendant David Winter's opposition brief is limited to 20 pages, and his reply brief is limited to 5 pages. Plaintiff Highmark Digitals opposition brief is limited to 30 pages, and its reply brief is limited to 7 pages. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
January 3, 2020 Opinion or Order Filing 161 ORDER GRANTING PLAINTIFF HIGHMARK DIGITAL, INC.S EX PARTE APPLICATION FORA CONTINUANCE #156 by Judge S. James Otero: The hearing date for the parties pending summary judgment motions and Defendants motion to exclude is CONTINUED from January 27, 2020 to February 18, 2020 10:00 a.m. #146 , #147 , #148 , 152], in order to allow time for the completion of expert discovery. Pursuant to Local Rule 7-11, the parties oppositions to the pending motions are now due by January 28, 2020, and reply papers are due by February 4, 2020. (lc)
January 3, 2020 Filing 160 NOTICE OF ERRATA filed by Defendants Casablanca Design Centers, Inc., Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. correcting NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint #146 regarding Exhibit T (Doc. 146-11) (Jensen, Martin)
December 30, 2019 Filing 159 REPLY IN SUPPORT EX PARTE APPLICATION to Continue Motions for Summary Judgment from January 27, 2020 to February 18, 2020 #156 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Declaration Thomas Kreminski, #2 Exhibit A, #3 Exhibit B)(Krzeminski, Thomas)
December 27, 2019 Filing 158 MEMORANDUM in Opposition to EX PARTE APPLICATION to Continue Motions for Summary Judgment from January 27, 2020 to February 18, 2020 #156 filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Attachments: #1 Declaration of Jeffrey A. Nordlander in Support of Defendants' Opposition to Plaintiff's Ex Parte Application for an Order Continuing the Hearing Date for the Parties' Pending Motions for Summary Judgment and Motion to Exclude the Testimony of Plaintiff's Retained Expert Witness)(Jensen, Martin)
December 27, 2019 Filing 157 DECLARATION of Thomas P. Krzeminski in support of EX PARTE APPLICATION to Continue Motions for Summary Judgment from January 27, 2020 to February 18, 2020 #156 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Krzeminski, Thomas)
December 27, 2019 Filing 156 EX PARTE APPLICATION to Continue Motions for Summary Judgment from January 27, 2020 to February 18, 2020 filed by plaintiff Highmark Digital, Inc.. (Attachments: #1 Proposed Order) (Krzeminski, Thomas)
December 23, 2019 Filing 155 SEALED DOCUMENT of Declaration of Martin N. Jensen in Support of Entity Defendants' Application for Leave to File the Expert Report of David Hanson and Select Documents Identified Therein Under Seal re NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint #146 , Order on Motion for Leave to File Document Under Seal #149 filed by Defendants Casablanca Design Centers, Inc., Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Attachments: #1 Exhibit A Part 2 of 2 to Declaration of Martin N. Jensen in Support of Entity Defendants' Application for Leave to File the Expert Report of David Hanson and Select Documents Identified Therein Under Seal)(Jensen, Martin)
December 23, 2019 Filing 154 SCHEDULING NOTICE by Judge S. James Otero. On the Court's own motion the Jury Trial set for 02/11/20is continued to Tuesday, 6/9/2020 @ 09:00 AM and the Pretrial Conference is continued to 6/1/2020 09:00 AM before Judge S. James Otero. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
December 20, 2019 Filing 153 EXHIBIT Exhibits 1-57 to NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims #148 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16, #16 Exhibit 17, #17 Exhibit 18, #18 Exhibit 19, #19 Exhibit 20, #20 Exhibit 21, #21 Exhibit 22, #22 Exhibit 23, #23 Exhibit 24, #24 Exhibit 25, #25 Exhibit 26, #26 Exhibit 27, #27 Exhibit 28, #28 Exhibit 29, #29 Exhibit 30, #30 Exhibit 31, #31 Exhibit 32, #32 Exhibit 33, #33 Exhibit 34, #34 Exhibit 35, #35 Exhibit 36, #36 Exhibit 37, #37 Exhibit 38, #38 Exhibit 39, #39 Exhibit 40, #40 Exhibit 41, #41 Exhibit 42, #42 Exhibit 43, #43 Exhibit 44, #44 Exhibit 45, #45 Exhibit 46, #46 Exhibit 47, #47 Exhibit 48, #48 Exhibit 49, #49 Exhibit 50, #50 Exhibit 51, #51 Exhibit 52, #52 Exhibit 53, #53 Exhibit 54, #54 Exhibit 55, #55 Exhibit 56, #56 Exhibit 57)(Krzeminski, Thomas)
December 20, 2019 Filing 152 NOTICE OF MOTION AND MOTION to Exclude Expert Testimony of Plaintiff's Technical Expert Witness Derek Huisjen filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. Motion set for hearing on 1/27/2020 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Defendants' Motion to Exclude Expert Testimony of Plaintiff's Technical Expert Witness Derek Huisjen, #2 Declaration of Martin N. in Support of Defendants' Motion to Exclude Expert Testimony of Plaintiff's Technical Expert Witness Derek Huisjen, #3 Declaration of Don Vilfer in Support of Defendants Motion to Exclude Expert Testimony of Plaintiff's Technical Expert Witness Derek Huisjen, #4 Proposed Order) (Jensen, Martin)
December 20, 2019 Filing 151 DECLARATION of Thomas P. Krzeminski in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims #148 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
December 20, 2019 Opinion or Order Filing 150 ORDER GRANTING HIGHMARK DIGITAL, INC. LEAVE TO FILE EXHIBITS 1-10 IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT UNDER SEAL #144 by Judge S. James Otero (lc)
December 20, 2019 Opinion or Order Filing 149 ORDER GRANTING ENTITY DEFENDANTS' APPLICATION FOR LEAVE TO FILE THE EXPERT REPORT OF DAVID HANSON AND SELECT DOCUMENT IDENTIFIED THEREIN UNDER SEAL #142 by Judge S. James Otero (lc)
December 20, 2019 Filing 148 NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims filed by Plaintiff Highmark Digital, Inc.. Motion set for hearing on 1/27/2020 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum in Support of Summary Judgment, #2 Statement of Uncontroverted Facts and Conclusions of Law in Support of HighMarks Summary Judgment, #3 Declaration of Derek Huisjen in Support of HighMark's Motion for Summary Judmgent, #4 Declaration of David Hanson in Support of Plaintiff's Motion for Summary Judgment., #5 Declaration of Richard Matulia in Support of Plaintiff's Motion for Summary Judgment, #6 Proposed Order [PROPOSED] Judgment Granting Plaintiff HighMark_s Motion for Summary Judgment) (Krzeminski, Thomas)
December 20, 2019 Filing 147 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Second Amended Complaint filed by Defendant David Winter. Motion set for hearing on 1/27/2020 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum, #2 Statement of Uncontroverted Facts and Conclusions of Law, #3 Declaration of Martin N. Jensen and Exhibits A-C, #4 Exhibit D and E, #5 Exhibit F, #6 Exhibit G-M, #7 Declaration of David Winter, #8 Proposed Order) (Jensen, Martin)
December 19, 2019 Filing 146 NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint filed by Defendants Casablanca Design Centers, Inc., Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. Motion set for hearing on 1/27/2020 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum, #2 Entity Defendants' Statement of Uncontroverted Facts and Conclusions of Law in Support of Motion for Summary Judgment, or in the Alternative Partial Summary Judgment, #3 Declaration of Martin N. Jensen, #4 Exhibit A and B, #5 Exhibit C and D, #6 Exhibit E and F, #7 Exhibit G, #8 Exhibit H I J K L M N O, #9 Exhibit P, #10 Exhibit Q, #11 Exhibit R S T, #12 Exhibit U, #13 Exhibit V W X Y Z AA, #14 Declaration of Glenn Johnson, #15 Declaration of Don Vilfer, #16 Declaration of David Winter, #17 Proposed Order) (Jensen, Martin)
December 19, 2019 Filing 145 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document for Leave to File Exhibits 1-10 in Support of Motion for Summary Judgment under seal #144 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 (Part 1 of 6), #9 Exhibit 8 (Part 2 of 6), #10 Exhibit 8 (Part 3 of 6), #11 Exhibit 8 (Part 4 of 6), #12 Exhibit 8 (Part 5 of 6), #13 Exhibit 8 (Part 6 of 6), #14 Exhibit 9, #15 Exhibit 10)(Krzeminski, Thomas)
December 19, 2019 Filing 144 APPLICATION to file document for Leave to File Exhibits 1-10 in Support of Motion for Summary Judgment under seal filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Proposed Order Granting Plaintiff HighMark's Application to File Exhibits 1-10 Under Seal)(Krzeminski, Thomas)
December 19, 2019 Filing 143 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Declaration of Martin N. Jensen and Exhibits under seal #142 filed by Defendants Casablanca Design Centers, Inc., Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Attachments: #1 Declaration Exhibit A - Part 2)(Jensen, Martin)
December 19, 2019 Filing 142 APPLICATION to file document Declaration of Martin N. Jensen and Exhibits under seal filed by Defendants Casablanca Design Centers, Inc., Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Attachments: #1 Proposed Order)(Jensen, Martin)
December 11, 2019 Filing 141 MINUTES (IN CHAMBERS) by Judge S. James Otero: The Court strikes Four Seasons Windows, Inc.'s Motion for Summary Judgment #132 and orders the parties to submit, by the December 20, 2019 deadline, motions and cross-motions forsummary judgment as follows. The five Corporate Defendants, including Casablanca Design Centers, Four Seasons Windows, Interior Door and Closet Company, One Day Doors and Closets, and One Day Enterprises, are ordered to submit a joint motion for summary judgment on all claims that is limited to 25 pages. Defendant David Winter's motion for summary judgment on all claims will be limited to 20 pages. Plaintiff Highmark Digital may only file one motion for summary judgment that addresses all claims, which may not exceed 30 pages. (lc)
December 10, 2019 Filing 140 REQUEST for Order for Clarification of Courts Order re Summary Judgment Motions filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
December 4, 2019 Filing 139 SCHEDULING NOTICE by Judge S. James Otero. The Court vacates the hearing set for December 16, 2019 given that the parties intend to file additional motions for summary judgment. The Court will entertain Four Seasons Motion for Summary Judgment at the same hearing at which the Court will consider other motions for summary judgment. At the same hearing, the Court will also consider all other related motions, including any motion to strike expert reports filed with the summary judgment motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
December 4, 2019 Filing 138 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: EX PARTE APPLICATION to Strike Expert Report of Derek Huisjen Attached as Exhibit G to the Declaration of Peter Tong #136 by Judge S. James Otero. The document is stricken.Comply with Local Rules (lc) Modified on 12/4/2019 (lc).
December 3, 2019 Filing 137 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendant Four Seasons Windows, Inc EX PARTE APPLICATION to Strike Expert Report of Derek Huisjen #136 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): MISSING proposed order. As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order is submitted as Separate Attachment thereto.. 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. (lc)
December 3, 2019 Filing 136 [STRICKEN PER 12/4/19 COURT G112B ORDER RESPONSE] EX PARTE APPLICATION to Strike Expert Report of Derek Huisjen Attached as Exhibit G to the Declaration of Peter Tong (Doc 134-15) Reply (Motion related),,, #135 filed by Defendant Four Seasons Windows, Inc.. (Attachments: #1 Declaration of Martin N. Jensen in Support of Defendant Four Seasons Windows, Inc.'s Ex Parte Application to Strike Expert Report of Derek Huisjen Attached as Exhibit G to the Declaration of Peter Tong (Doc 134-15), #2 Declaration of Don Vilfer in Support of Defendant Four Seasons Windows, Inc.'s Ex Parte Application to Strike Expert Report of Derek Huisjen Attached as Exhibit G to the Declaration of Peter Tong (Doc 134-15)) (Jensen, Martin) Modified on 12/4/2019 (lc).
December 2, 2019 Filing 135 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Second Amended Complaint #132 filed by Defendant Four Seasons Windows, Inc.. (Attachments: #1 Reply to Plaintiff's Statement of Genuine Disputes, #2 Reply to Plaintiff's Additional Material Facts, #3 Objection to Evidence in Support of Reply to Motion for Summary Judgment or Partial Summary Judgment, #4 Supplemental Declaration of Martin N. Jensen in Support of Four Seasons Windows, Inc.'s Motion for Summary Judgment or Partial Summary Judgment, #5 Objection to Plaintiff's Memorandum of Points and Authorities (Doc 134) and Statement of Additional Facts (Doc. 134-2) in Opposition to Four Seasons' Motion for Summary Judgment or Partial Summary Judgment)(Jensen, Martin)
November 25, 2019 Filing 134 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Second Amended Complaint #132 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Statement of Genuine Issues, #2 Statement of Additional Facts, #3 Declaration of Richard Matulia, #4 Exhibit L, #5 Exhibit O, #6 Exhibit P, #7 Exhibit R, #8 Declaration Qi (Peter) Tong, #9 Exhibit A, #10 Exhibit B, #11 Exhibit C, #12 Exhibit D, #13 Exhibit E, #14 Exhibit F, #15 Exhibit G, #16 Exhibit H, #17 Exhibit I, #18 Exhibit J, #19 Exhibit K, #20 Exhibit M, #21 Exhibit N, #22 Exhibit Q)(Krzeminski, Thomas)
November 14, 2019 Opinion or Order Filing 133 ORDER GRANTING PLAINTIFF HIGHMARKS APPLICATION FOR LEAVE TO FILE THE FEBRUARY 1, 2019 DEPOSITION TRANSCRIPT OF JOSEPH FALLON UNDER SEAL #130 by Judge S. James Otero (lc) Modified on 11/14/2019 (lc).
November 8, 2019 Filing 132 [STRICKEN PER 12/11/19 MINUTES, DOCKET NO. 141] .NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Second Amended Complaint filed by Defendant Four Seasons Windows, Inc.. Motion set for hearing on 12/16/2019 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum, #2 Separate Statement of Uncontroverted Facts, #3 Declaration Glenn Johnson, #4 Declaration David Winter, #5 Declaration Don Vilfer, #6 Declaration Martin N. Jensen, #7 Exhibit A, #8 Exhibit B, #9 Exhibit C, #10 Exhibit D, #11 Exhibit E, #12 Exhibit F, #13 Exhibit G, #14 Exhibit H, #15 Exhibit I, #16 Exhibit J, #17 Exhibit K, #18 Exhibit L, #19 Exhibit M, #20 Proposed Judgment) (Jensen, Martin) Modified on 12/11/2019 (lc).
November 8, 2019 Filing 131 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Deposition Transcript under seal #130 filed by Counter Defendants Highmark Digital, Inc., Highmark Digital, Inc., Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit 1)(Krzeminski, Thomas)
November 8, 2019 Filing 130 APPLICATION to file document Deposition Transcript under seal filed by Counter Defendants Highmark Digital, Inc., Highmark Digital, Inc., Plaintiff Highmark Digital, Inc.. (Attachments: #1 Proposed Order)(Krzeminski, Thomas)
November 4, 2019 Filing 129 DECLARATION of Richard Matulia re Order on Motion for Extension of Time to Complete Discovery,,,, Order on Motion for Leave to File Document Under Seal,,,, Telephone Conference,,, #120 , Order on Motion for Order re Discovery Matter, #127 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
October 29, 2019 Filing 128 NOTICE by Magistrate Judge Alka Sagar. The previously scheduled telephone conference set for October 30, 2019 at 10:00 a.m. is hereby vacated and taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY
October 28, 2019 Opinion or Order Filing 127 MINUTES (IN CHAMBERS) Order Clarifying October 9, 2019 Order re Plaintiff HighMark's Ex Parte Application to Extend Fact Discovery (Dkt. No. #120 ) by Magistrate Judge Alka Sagar. Counsel shall inform the Courtroom Deputy if the telephonic hearing on October 30, 2019 at 10:00 a.m., see Dkt No. #126 , should remain on calendar. (See Order for complete details) (afe)
October 25, 2019 Filing 126 MOTION for Order for MOTION RE: INFORMAL DISCOVERY DISPUTE. Motion set for hearing on 10/30/2019 at 10:00 AM before Magistrate Judge Alka Sagar. The call-in number and password will be emailed to the parties. (afe)
October 15, 2019 Filing 125 NOTICE of Compliance with Order Denying Plaintiff's Ex Parte Application to Extend Fact Discovery (Doc No. 120) filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Jensen, Martin)
October 15, 2019 Filing 124 DECLARATION of Qi Tong in Response to re Order on Motion for Extension of Time to Complete Discovery,,,, Order on Motion for Leave to File Document Under Seal,,,, Telephone Conference,,, #120 ....Order for Plaintiff HighMark to Confirm Documents Searched in Response to Defendant David Winter's Document Requests (Nos. 9-10) filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
October 10, 2019 Filing 123 SEALED DOCUMENT Exhibit B to the Declaration of Martin N. Jensen in Support of Opposition to Plaintiffs Motion to Compel and Request for Adverse Inference re Declaration (Motion related), #97 , Order on Motion for Leave to File Document Under Seal,,,, #114 filed by Plaintiff Highmark Digital, Inc..(Krzeminski, Thomas)
October 10, 2019 Filing 122 SEALED DOCUMENT Exhibit 8 to the Declaration of Thomas P. Krzeminski in Support of HighMarks Motion to Compel re Declaration (Motion related), #92 , Order on Motion for Leave to File Document Under Seal,,,, #114 filed by Plaintiff Highmark Digital, Inc..(Krzeminski, Thomas)
October 10, 2019 Filing 121 SEALED DOCUMENT Declaration of Thomas Krzeminski and Exhibits A-E re EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 10/31/2019 #101 , Order on Motion for Extension of Time to Complete Discovery,,,, Order on Motion for Leave to File Document Under Seal,,,, Telephone Conference,,, #120 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Krzeminski, Thomas)
October 9, 2019 Opinion or Order Filing 120 MINUTES (IN CHAMBERS) Order DENYING Plaintiff HighMark's Ex Parte Application to Extend Fact Discovery (Dkt. Nos. 101-102, 110, 115-117) and GRANTING Plaintiff's Application to File Exhibits A-E to the Krzeminski Declaration Under Seal (Dkt. Nos. 103-104) by Magistrate Judge Alka Sagar. The Court held a telephonic hearing on October 9, 2019. Plaintiff's Application To File Documents Under Seal #103 is GRANTED. Plaintiff's Ex Parte Application to Extend Fact Discovery #101 is DENIED. No later than October 15, 2019, the parties shall provide the following declarations, under oath, addressing discovery issues identified in the parties' briefs: (see document for further details). Court Recorder: XTR 10/09/19. (hr)
October 7, 2019 Filing 119 SCHEDULING NOTICE by Magistrate Judge Alka Sagar. A Telephone Conference is set for October 9, 2019 at 10:00 AM before Magistrate Judge Alka Sagar. The call-in number and password will be e-mailed to the parties. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY
October 4, 2019 Filing 118 EXHIBIT Filed filed by Plaintiff Highmark Digital, Inc.. Exhibits C and D as to Declaration (Motion related), #97 . (Attachments: #1 Exhibit C, #2 Exhibit D)(Krzeminski, Thomas)
October 3, 2019 Filing 117 DECLARATION of David Winter in Support of Defendants' Opposition to Plaintiff's Ex Parte Application to Extend Fact Discovery EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 10/31/2019 #101 filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Jensen, Martin)
October 3, 2019 Filing 116 DECLARATION of Martin N. Jensen in support of Defendants' Opposition to Plaintiff's Ex Parte Application to Extend Fact Discovery EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 10/31/2019 #101 filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Jensen, Martin)
October 3, 2019 Filing 115 Opposition to Plaintiff's Ex Parte Application to Extend Fact Discovery re: EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 10/31/2019 #101 filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Jensen, Martin)
October 3, 2019 Opinion or Order Filing 114 MINUTES (IN CHAMBERS) Order GRANTING IN PART Plaintiff's Application to File Exhibits 8 and BD Under Seal (Dkt. Nos. 88-89, 98, 113) and DENYING Plaintiff's Motion for Sanctions Due to Spoliation (Dkt. Nos. 90-97, 105-108, 111-112) by Magistrate Judge Alka Sagar. Plaintiff's Application for Leave to File Exhibits 8 and BD Under Seal #88 is GRANTED IN PART. Plaintiff is granted leave to file Exhibit 8 to the Declaration of Thomas P. Krzeminski in Support of Plaintiff's Motion to Compel and Exhibit B to the Declaration of Martin N. Jensen in Support of Defendants' Opposition to Plaintiff HighMark's Motion to Compel under seal. Plaintiff's request to file Exhibits C and D to the Declaration of Martin N. Jensen in Support of Defendants' Opposition to Plaintiff HighMark's Motion to Compel under seal are WITHDRAWN. Plaintiff's Motion for Sanctions Due to Spoliation #90 is DENIED. Plaintiff's request for fees and costs is DENIED. (see document for further details) (hr)
October 3, 2019 Filing 113 STIPULATION for Order to De-Designate as Confidential Exhibits C and D to Motion to the Compel [Dkt. 90] filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Proposed Order Granting In-Part, Joint Stipulation to De-Designate Exhibits to Motion to Compel)(Krzeminski, Thomas)
October 2, 2019 Filing 112 DECLARATION of Martin N. Jensen (Supplemental) in support of Defendants' Opposition to Highmark's Request for Adverse Inference and MOTION to Compel Responses to Document Requests and Production of Documents #90 filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Jensen, Martin)
October 2, 2019 Filing 111 NOTICE OF ERRATA filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. correcting Declaration (Motion related), #108 of Martin N. Jensen and Attached Exhibits in Support of Defendants' Ex Parte Application (Jensen, Martin)
October 2, 2019 Filing 110 NOTICE of Intended Opposition to Plaintiff's Ex Parte Application to Extend Fact Discovery filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Jensen, Martin)
October 2, 2019 Filing 109 SCHEDULING NOTICE by Judge S. James Otero re: EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 10/31/2019 #101 , APPLICATION to file document Exhibits A-D to the Krzeminski's Declaration in Support of Ex Parte Application under seal #103 . Judge Otero refers the EX PARTE APPLICATION to Extend Discovery Cut-Off Date and the Application to file documents under seal to the calendar of Magistrate Judge Sagar for ruling. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
October 1, 2019 Filing 108 DECLARATION of MARTIN N. JENSEN AND ATTACHED EXHIBITS IN SUPPORT OF DEFENDANTS' EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 10/31/2019 #101 filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Jensen, Martin)
October 1, 2019 Filing 107 MEMORANDUM in Opposition TO HIGHMARK'S REQUEST FOR ADVERSE INFERENCE filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Jensen, Martin)
October 1, 2019 Filing 106 DECLARATION of Thomas P. Krzeminski in Support of MOTION to Compel Responses to Document Requests and Production of Documents #90 in Support of Supplemental Memorandum filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit 12, #2 Exhibit 13, #3 Exhibit 14, #4 Exhibit 15, #5 Exhibit 16, #6 Exhibit 17, #7 Exhibit 18, #8 Exhibit 19, #9 Exhibit 20)(Krzeminski, Thomas)
October 1, 2019 Filing 105 SUPPLEMENT to MOTION to Compel Responses to Document Requests and Production of Documents #90 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
September 30, 2019 Filing 104 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits A-E to the Krzeminski's Declaration in Support of Ex Parte Application under seal #103 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Krzeminski, Thomas) Modified on 10/1/2019 (hr).
September 30, 2019 Filing 103 APPLICATION to file document Exhibits A-E to the Krzeminski's Declaration in Support of Ex Parte Application under seal filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Proposed Order Granting Plaintiff HighMarks Application to File Exhibits A-E Under Seal)(Krzeminski, Thomas) Modified on 10/1/2019 (hr).
September 30, 2019 Filing 102 DECLARATION of Thomas P. Krzeminski in Support of EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 10/31/2019 #101 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit A-E UNDER SEAL)(Krzeminski, Thomas)
September 30, 2019 Filing 101 EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 10/31/2019 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit A-E [FILED UNDER SEAL], #2 Proposed Order Granting Ex Parte Application) (Krzeminski, Thomas)
September 25, 2019 Filing 100 MINUTES OF Telephonic Conference Regarding Motion to Compel, or Alternatively for Sanctions Due to Spoiliation (Dkt. Nos. #91 - #97 ); and Request for Under Seal Filing (Dkt. Nos. #88 - #89 , #98 ) held before Magistrate Judge Alka Sagar. The discovery cut-off date in this action is September 30, 2019. See Dkt. No. #81 . The Court's standing order for civil cases assigned to Judge Otero informs the parties that [a]ny motion challenging the adequacy of responses to discovery must be calendered sufficiently in advance of the cut-off date to permit any compelled responses to be obtained before that date." Id., at 11. Because the motion is calendered for hearing on October 15, 2019, any order compelling responses would violate the trial court's standing order. Therefore, Plaintiff's motion to compel supplementary responses to RFP No. 37 is untimely and denied without prejudice. (See Order for complete details) Court Recorder: XTR 09/25/19. (afe)
September 24, 2019 Filing 99 SCHEDULING NOTICE by Magistrate Judge Alka Sagar. A Telephone Conference re: Joint Stipulation re Discovery Motion #91 is set for September 25, 2019 at 11:00 AM before Magistrate Judge Alka Sagar. The call-in number and password will be e-mailed to the parties. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY
September 23, 2019 Filing 98 OPPOSITION re: APPLICATION to file document Exhibits 8 and B-D under seal #88 filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. (Attachments: #1 Declaration of Martin N. Jensen In Support of Opposition)(Jensen, Martin)
September 20, 2019 Filing 97 DECLARATION of Martin N. Jensen in Support of Opposition to MOTION to Compel Responses to Document Requests and Production of Documents #90 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B [Filed Under Seal], #3 Exhibit C [Filed Under Seal], #4 Exhibit D [Filed Under Seal], #5 Exhibit E)(Krzeminski, Thomas)
September 20, 2019 Filing 96 DECLARATION of David Winter in Support of Opposition to MOTION to Compel Responses to Document Requests and Production of Documents #90 SUPPLEMENTAL DECLARATION filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
September 20, 2019 Filing 95 DECLARATION of David Winter in Support of Opposition to MOTION to Compel Responses to Document Requests and Production of Documents #90 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
September 20, 2019 Filing 94 DECLARATION of Adam Matsumura in Support of Opposition to MOTION to Compel Responses to Document Requests and Production of Documents #90 SUPPLEMENTAL DECLARATION filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
September 20, 2019 Filing 93 DECLARATION of Adam Matsumura in Support of Opposition MOTION to Compel Responses to Document Requests and Production of Documents #90 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit A)(Krzeminski, Thomas)
September 20, 2019 Filing 92 DECLARATION of Thomas P. Krzeminski in Support of MOTION to Compel Responses to Document Requests and Production of Documents #90 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 [Filed Under Seal], #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Krzeminski, Thomas)
September 20, 2019 Filing 91 JOINT STIPULATION to MOTION to Compel Responses to Document Requests and Production of Documents #90 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
September 20, 2019 Filing 90 NOTICE OF MOTION AND MOTION to Compel Responses to Document Requests and Production of Documents filed by Plaintiff Highmark Digital, Inc.. Motion set for hearing on 10/15/2019 at 10:00 AM before Magistrate Judge Alka Sagar. (Attachments: #1 Proposed Order Granting Plaintiff HighMarks Motion Compel Documents)(Krzeminski, Thomas)
September 20, 2019 Filing 89 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits 8 and B-D under seal #88 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit 8, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Krzeminski, Thomas)
September 20, 2019 Filing 88 APPLICATION to file document Exhibits 8 and B-D under seal filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Proposed Order Granting Plaintiff HighMarks Application to File Exhibits 8 and B-D Under Seal)(Krzeminski, Thomas)
July 29, 2019 Filing 87 Notice of Appearance or Withdrawal of Counsel: for attorney Martin Niels Jensen counsel for Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. Adding Jeffrey A. Nordlander as counsel of record for Defendants for the reason indicated in the G-123 Notice. Filed by Defendants Casablanca Design Centers, Inc., Four Seasons Windows, Inc., Interior Door & Closet Company, One Day Doors and Closets, Inc., David Winter, and One Day Enterprises, LLC. (Jensen, Martin)
July 18, 2019 Filing 86 Notice of Appearance or Withdrawal of Counsel: for attorney Martin Niels Jensen counsel for Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC. Cruz Rocha is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Casablanca Design Centers, Inc., Four Seasons Windows, Inc., Interior Door & Closet Company, One Day Doors and Closets, Inc., David Winter, and One Day Enterprises, LLC. (Jensen, Martin)
July 8, 2019 Opinion or Order Filing 85 ORDER GRANTING HIGHMARK DIGITAL, INC. AND RICHARD MATULIAS MOTION TO DISMISS COUNTERCLAIMS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) #82 by Judge S. James Otero: Counterclaimant One Day Enterprises Counterclaims are hereby dismissed with prejudice without leave to amend. (lc)
July 3, 2019 Filing 84 TEXT ONLY ENTRY by Judge S. James Otero. On the Court's motion, the Court takes off calendar and under submission the Motion to Dismiss Counter-claims #82 , previously scheduled for 7/15/2019. No appearance is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
June 24, 2019 Filing 83 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Counterclaims #82 filed by Counter Claimant One Day Enterprises, LLC. (Jensen, Martin)
June 10, 2019 Filing 82 NOTICE OF MOTION AND MOTION to Dismiss Counterclaims filed by Plaintiff Highmark Digital, Inc.(a California Corporation), Richard Matulia. Motion set for hearing on 7/15/2019 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum in Support of Motion to Dismiss Counterclaims, #2 Proposed Order Granting Counterdefendants' Motion to Dismiss One Day Enterprises' Counterclaims) (Attorney Thomas Philip Krzeminski added to party Richard Matulia(pty:cd)) (Krzeminski, Thomas)
June 3, 2019 Opinion or Order Filing 81 ORDER GRANTING JOINT STIPULATION TO TERMINATE ONE-MONTH STAY AND TOMODIFY SCHEDULING ORDER #80 by Judge S. James Otero: The SchedulingOrder dated January 14, 2019, ECF No. 46, is modified and the following duedates and deadlines shall be established: Deadline for HighMark to answer or otherwise respond to Counterclaims by One Day Enterprises, LLC; Discovery cut-off 9/30/2019; Pretrial Conference set for 2/3/2020 09:00 AM; Jury Trial set for 2/11/2020 09:00 AM (SEE DOCUMENT FOR OTHER SPECIFIC DEADLINES). (lc)
May 30, 2019 Filing 80 STIPULATION for Discovery as to Terminate One-Month Stay and Modify Scheduling Order filed by Plaintiff Highmark Digital, Inc.(a California Corporation). (Attachments: #1 Proposed Order)(Krzeminski, Thomas)
May 22, 2019 Filing 79 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Counterclaimant One Day Enterprises, LLC(a Delaware company), upon Counterdefendant Richard Matulia acknowledgment sent by Plaintiff on 5/21/2019, answer due 6/11/2019. Acknowledgment of Service signed by Thomas Krzeminski, Attorney for Counterdefendant. (Jensen, Martin)
May 9, 2019 Filing 77 NOTICE OF FILING TRANSCRIPT filed for proceedings THURSDAY, APRIL 11, 2019 9:15 A.M. re Transcript #76 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Nirenberg, C) TEXT ONLY ENTRY
May 9, 2019 Filing 76 TRANSCRIPT for proceedings held on THURSDAY, APRIL 11, 2019 9:15 A.M.. Court Reporter: C. Nirenberg, OFFICIAL REPORTER, CONTACT www.msfedreporter.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter: C. Nirenberg, OFFICIAL REPORTER, CONTACT www.msfedreporter.com, or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/30/2019. Redacted Transcript Deadline set for 6/10/2019. Release of Transcript Restriction set for 8/7/2019. (Nirenberg, C)
May 8, 2019 Filing 75 21 DAY Summons Issued re COUNTERCLAIM #66 as to COUNTER DEFENDANTS Richard Matulia and Highmark Digital, Inc. (lc)
May 7, 2019 Filing 74 Request for Clerk to Issue Summons on Counterclaim #66 filed by Counterclaimant One Day Enterprises, LLC(a Delaware company). (Jensen, Martin)
May 5, 2019 Opinion or Order Filing 78 ORDER GRANTING JOINT STIPULATION FOR A ONE MONTH STAY TO ALLOW ADDITIONAL TIME FOR SETTLEMENT DISCUSSIONS #71 by Judge S. James Otero: The above-captioned case is stayed in all respects, and all deadlines are vacated, until May 30, 2019. (SEE DOCUMENT FOR OTHER SPECIFICS). (lc)
May 3, 2019 Filing 73 NOTICE OF FILING TRANSCRIPT filed for proceedings 1/14/19 8:48 a.m. re Transcript #72 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Zurborg, Carol) TEXT ONLY ENTRY
May 3, 2019 Filing 72 TRANSCRIPT for proceedings held on 1/14/19 8:48 a.m. Court Reporter: Carol Jean Zurborg, phone number (213) 894-3539. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/24/2019. Redacted Transcript Deadline set for 6/3/2019. Release of Transcript Restriction set for 8/1/2019. (Zurborg, Carol)
May 1, 2019 Filing 71 STIPULATION to Stay Case pending Settlement filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Proposed Order Granting Joint Stipulation to Stay)(Krzeminski, Thomas)
April 30, 2019 Filing 70 PROOF OF SERVICE Executed by Plaintiff Highmark Digital, Inc., upon Defendant One Day Enterprises, LLC served on 3/26/2019, answer due 4/16/2019. Service of the Summons and Complaint were executed upon Dave Winters CEO in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Krzeminski, Thomas)
April 11, 2019 Filing 69 MINUTES OF Settlement Conference held before Judge S. James Otero: Court and counsel confer in chambers.Matter recalled.Case does not settle.The Court Orders the parties to file cross-motions for summary judgment in regards to all counts in the complaint.The Court encourages the parties to meet in reference to the number of defendants that remain in the case.The trial date of August 13, 2019, remains. Court Reporter: Cindy Nirenberg. (lc)
April 11, 2019 Filing 68 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Counterclaim #66 , Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #65 . The following error(s) was/were found: Caption of document is incomplete/incorrect. 1) Filer docket entry accepted system question if there was a counterclaim, however there was no counterclaim in docket entry no. 65; The actual counterclaim was filed separately as no. 66; 3) re counterclaim 66, Missing FRCP 10 caption of the counterclaim parties; Filer created 2 sets of counteclaim parties due to the cited errors; Filer added counter defendant name as CEO of Highmark Richard Matulia, whereas the body text is Richard Matulia. Other error(s) with document(s): Clerk will correct the duplicative party and entry of counter defendants name on the docket.. 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. (lc)
April 10, 2019 Filing 67 CERTIFICATE of Interested Parties filed by Counterclaimant One Day Enterprises, LLC, identifying See Certificate. (Jensen, Martin)
April 10, 2019 Filing 66 First COUNTERCLAIM against Counter-Defendants Highmark Digital, Inc., Richard Matulia; Jury Demand, filed by Counterclaimant One Day Enterprises, LLC.(Jensen, Martin)
April 10, 2019 Filing 65 ANSWER to Amended Complaint/Petition, #56 Second Amended, First COUNTERCLAIM against Highmark Digital, Inc. filed by Defendant One Day Enterprises, LLC.(Attorney Martin Niels Jensen added to party One Day Enterprises, LLC(pty:dft))(Jensen, Martin)
April 5, 2019 Filing 64 SCHEDULING NOTICE by Judge S. James Otero. The parties are advised that the Settlement Conference set for 4/11/19 @ 9:00 a.m. will take place in courtroom 6C, sixth floor. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
April 2, 2019 Filing 63 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint #61 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (lom)
April 1, 2019 Filing 62 SCHEDULING NOTICE by Judge S. James Otero. The Court continues the Settlement Conference set for 4/3/19 to Thursday, 4/11/2019 @ 09:00 AM before Judge S. James Otero. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
March 29, 2019 Filing 61 ANSWER to Amended Complaint/Petition, #56 with JURY DEMAND filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc..(Jensen, Martin)
March 29, 2019 Filing 60 SCHEDULING NOTICE by Judge S. James Otero. The parties are advised that the hearing set for 4/3/19 will take place in courtroom 6C on the sixth floor of First Street Courthouse. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
March 27, 2019 Filing 59 SCHEDULING NOTICE by Judge S. James Otero. The Court continues the Settlement Conference set for hearing on 3/28/19 to Wednesday, 4/3/2019 @ 09:00 AM before Judge S. James Otero. The parties shall submit settlement statements by Friday, 03/29/19.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
March 21, 2019 Filing 58 21 DAY Summons Issued re Second Amended Complaint/Petition, #56 as to defendant One Day Enterprises, LLC. (lc)
March 21, 2019 Filing 57 Request for Clerk to Issue Summons on Amended Complaint/Petition, #56 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
March 21, 2019 Filing 56 Second AMENDED COMPLAINT against Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc., One Day Enterprises, LLC amending Amended Complaint/Petition, #9 , filed by Plaintiff Highmark Digital, Inc.(Krzeminski, Thomas)
March 20, 2019 Filing 55 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT #47 . Plaintiff's Second Amended Complaint must be filed and served on Defendants 10 days after the date of this order. Defendant's response is due 10 days thereafter. (lc)
March 13, 2019 Opinion or Order Filing 54 ORDER DENYING AS MOOT DEFENDANTS' REQUEST FOR TELEPHONIC APPEARANCE AT PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT #51 by Judge S. James Otero (lc)
March 13, 2019 Filing 53 SCHEDULING NOTICE by Judge S. James Otero. The Court finds the following motion suitable for disposition without oral argument and vacates the hearing on the MOTION to AMEND Amended Complaint/Petition, 9 filed by Plaintiff Highmark Digital, Inc.. [ECF No. 47]., set for hearing on March 18, 2019. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
March 11, 2019 Filing 52 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Leave of Cruz Rocha to Appear for Plaintiff's Motion for Leave to File Second Amended Complaint Telephonically #51 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): Filer erroneously set 3/18/19 10:00 AM hearing. Clerk has TERMED only this erroneous hearing, request remains pending Judge's ruling.. 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. (lc)
March 8, 2019 Filing 51 REQUEST for Leave of Cruz Rocha to Appear for Plaintiff's Motion for Leave to File Second Amended Complaint Telephonically filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc.. Request set for hearing on 3/18/2019 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Proposed Order) (Jensen, Martin)
March 4, 2019 Filing 50 REPLY in Support NOTICE OF MOTION AND MOTION to AMEND Amended Complaint/Petition, #9 #47 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Declaration of Thomas P. Krzeminski in Support of Reply, #2 Exhibit H - Fallon Deposition, #3 Exhibit I - One Day Doors & Closets Website, #4 Exhibit J - Defendants' Initial Disclosures, #5 Exhibit K - Winter Email)(Krzeminski, Thomas)
February 25, 2019 Filing 49 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to AMEND Amended Complaint/Petition, #9 #47 filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc.. (Attachments: #1 Declaration, #2 Declaration)(Jensen, Martin)
February 14, 2019 Filing 48 DECLARATION of Thomas P. Krzeminski in Support of NOTICE OF MOTION AND MOTION to AMEND Amended Complaint/Petition, #9 #47 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Exhibit A - Winter LinkedIn Profile, #2 Exhibit B - One Day Doors & Closets, Inc.s Sec. of State Registration, #3 Exhibit C - One Day Doors & Closest, Inc.s Screen Shot of Website, #4 Exhibit D - One Day Doors & Closest, Inc.s Screen Shot of YouTube, #5 Exhibit E - Winters Amended Responses to First Request for Production (Nos. 1-67), #6 Exhibit F - One Day Doors & Closest, Inc.s Job Posting on Indeed.com, #7 Exhibit G - One Day Doors & Closest, Inc.s Job Posting Notification on Indeed.com)(Krzeminski, Thomas)
February 14, 2019 Filing 47 NOTICE OF MOTION AND MOTION to AMEND Amended Complaint/Petition, #9 filed by Plaintiff Highmark Digital, Inc.. Motion set for hearing on 3/18/2019 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum in Support of Motion for Leave to File a Second Amended Complaint, #2 Appendix 1 - Redline Draft of HighMarks Second Amended Complaint, #3 Appendix 2 - Final of HighMarks Second Amended Complaint, #4 Appendix 3 - Table of Redline Changes to HighMarks Second Amended Complaint, #5 Proposed Order Granting Plaintiff HighMark's Motion for Leave to File Second Amended Complaint) (Krzeminski, Thomas)
January 14, 2019 Filing 46 MINUTES OF MANDATORY SCHEDULING CONFERENCE held before Judge S. James Otero. The Court sets the following schedule: Jury Trial: Tuesday, August 13, 2019 at 9:00 a.m.; Pretrial Conference: Monday, August 5, 2019 at 9:00 a.m.; Motion Cutoff: Monday, June 10, 2019 at 10:00 a.m.; Discovery Cutoff: Monday, May 13, 2019; Last Date to Amend: Thursday, February 14, 2019. Reference of the above case to the Alternative Dispute Resolution Program is vacated. The Court sets a settlement conference before Judge Otero on Thursday, March 28, 2019 at 9:00 a.m See document for other requirements. Court Reporter: Carol Zurborg. (lom) Modified on 1/14/2019 (lom). (cc ADR)
December 19, 2018 Opinion or Order Filing 45 PROTECTIVE ORDER by Magistrate Judge Alka Sagar re Amended Stipulation for Protective Order #44 . (See document for complete details) (afe)
December 14, 2018 Filing 44 Amended STIPULATION for Protective Order filed by Plaintiff Highmark Digital, Inc..(Krzeminski, Thomas)
November 27, 2018 Opinion or Order Filing 43 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) #42 , Notice of Lodging for Stipulated Protective Order #41 by Magistrate Judge Alka Sagar. - The parties are directed to file an AMENDED Joint Stipulation for Protective Order that complies with Judge Sagar's sample. Refer to Judge Sagar's Procedures and Schedules (Item No. 4). - If you require assistance with properly e-filing your document, you may contact the Help Desk at at (213)894-0242 or ecf-helpdesk@cacd.uscourts.gov. (hr)
November 27, 2018 Filing 42 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Lodging Stipulated Protective Order #41 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is Stipulations --> Protective Order. Other error(s) with document(s): - Stipulation for Protective Order does not comply with material provisions of the sample protective order located in Judge Sagar's Procedures > Schedules page. - All documents must be noticed to > served courtesy copies to Magistrate Judge Alka Sagar. (See G.O. 05-07). 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. (hr)
November 21, 2018 Filing 41 NOTICE OF LODGING filed re Joint Report Rule 26(f) Discovery Plan #40 (Attachments: #1 Appendix Attachment A - Stipulated Protective [Proposed] Order)(Krzeminski, Thomas)
November 21, 2018 Filing 40 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4-5 Days, filed by Plaintiff Highmark Digital, Inc... (Attachments: #1 Appendix 1 - Judge Otero's Form Schedule)(Krzeminski, Thomas)
October 11, 2018 Opinion or Order Filing 39 ORDER SETTING SCHEDULING CONFERENCE by Judge S. James Otero. Rule 26 Meeting Report due by 12/17/2018. Scheduling Conference set for 1/14/2019 at 08:30 AM before Judge S. James Otero. (vcr)
September 19, 2018 Opinion or Order Filing 38 ORDER GRANTING STIPULATION TO WITHDRAW CERTAIN ALLEGATIONS FROM PLAINTIFFS AMENDED COMPLAINT #34 by Judge S. James Otero: (lc)
September 18, 2018 Filing 37 PROOF OF SERVICE Executed by Plaintiff Highmark Digital, Inc., upon Defendant Four Seasons Windows, Inc. served on 8/24/2018, answer due 9/14/2018. Service of the Summons and Complaint were executed upon John Doe, Manager of Four Seasons Windows, Inc. in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Krzeminski, Thomas)
September 17, 2018 Filing 36 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #35 by Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc. The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (lc)
September 14, 2018 Filing 35 ANSWER to Amended Complaint/Petition, #9 with JURY DEMAND filed by Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door and Closet Company, One Day Doors and Closets, Inc..(Attorney Martin Niels Jensen added to party Casablanca Design Centers, Inc.(pty:dft), Attorney Martin Niels Jensen added to party David Winter(pty:dft), Attorney Martin Niels Jensen added to party Four Seasons Windows, Inc.(pty:dft), Attorney Martin Niels Jensen added to party Interior Door and Closet Company (pty:dft), Attorney Martin Niels Jensen added to party One Day Doors and Closets, Inc.(pty:dft))(Jensen, Martin)
September 13, 2018 Filing 34 STIPULATION to AMEND Amended Complaint/Petition, #9 filed by Plaintiff Highmark Digital, Inc.. (Attachments: #1 Appendix 1 - Redlined Amended Complaint, #2 Proposed Order Granting Stipulation to Withdraw Certain Allegations From Plaintiffs First Amended Complaint)(Krzeminski, Thomas)
September 11, 2018 Filing 33 PROOF OF SERVICE Executed by Plaintiff Highmark Digital, Inc., upon Defendant One Day Doors and Closets, Inc. served on 8/24/2018, answer due 9/14/2018. Service of the Summons and Complaint were executed upon John Doe, Manager of One Day Doors And Closets, Inc. in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Krzeminski, Thomas)
September 11, 2018 Filing 32 PROOF OF SERVICE Executed by Plaintiff Highmark Digital, Inc., upon Defendant Casablanca Design Centers, Inc. served on 8/24/2018, answer due 9/14/2018. Service of the Summons and Complaint were executed upon John Doe, Manager of Casablanca Design Centers, Inc. in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Krzeminski, Thomas)
September 11, 2018 Filing 31 PROOF OF SERVICE Executed by Plaintiff Highmark Digital, Inc., upon Defendant David Winter served on 8/26/2018, answer due 9/17/2018. Service of the Summons and Complaint were executed upon David Winter, an individual in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Krzeminski, Thomas)
September 11, 2018 Filing 30 PROOF OF SERVICE Executed by Plaintiff Highmark Digital, Inc., upon Defendant Interior Door and Closet Company served on 8/27/2018, answer due 9/17/2018. Service of the Summons and Complaint were executed upon Stephen King, Owner of Interior Door & Closet Co. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Krzeminski, Thomas)
July 19, 2018 Filing 29 21 DAY Summons Issued re Amended Complaint/Petition, #9 as to defendant David Winter. (lc)
July 19, 2018 Filing 28 21 DAY Summons Issued re Amended Complaint/Petition, #9 as to defendant One Day Doors and Closets, Inc. (lc)
July 19, 2018 Filing 27 21 DAY Summons Issued re Amended Complaint/Petition, #9 as to defendant Interior Door and Closet Company. (lc)
July 19, 2018 Filing 26 21 DAY Summons Issued re Amended Complaint/Petition, #9 as to defendant Four Seasons Windows, Inc. (lc)
July 19, 2018 Filing 25 21 DAY Summons Issued re Amended Complaint/Petition, #9 as to defendant Casablanca Design Centers, Inc. (lc)
July 18, 2018 Filing 24 Request for Clerk to Issue Summons on Amended Complaint/Petition, #9 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
July 18, 2018 Filing 23 Request for Clerk to Issue Summons on Amended Complaint/Petition, #9 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
July 18, 2018 Filing 22 Request for Clerk to Issue Summons on Amended Complaint/Petition, #9 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
July 18, 2018 Filing 21 Request for Clerk to Issue Summons on Amended Complaint/Petition, #9 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
July 18, 2018 Filing 20 Request for Clerk to Issue Summons on Amended Complaint/Petition, #9 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
July 18, 2018 Filing 19 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #13 , Summons Request #14 , Summons Request #15 , Summons Request #16 , Summons Request #17 . The following error(s) was found: The case number and/or judge(s)initials are incorrect. Complete case number missing official Judge and Magistrate's initials as:2:18-cv-06105-SJO-AS; Near summons title indicate "On the First Amended Complaint".. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc)
July 18, 2018 Opinion or Order Filing 18 INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr)
July 17, 2018 Filing 17 Request for Clerk to Issue Summons on Amended Complaint/Petition, #9 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
July 17, 2018 Filing 16 Request for Clerk to Issue Summons on Amended Complaint/Petition, #9 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
July 17, 2018 Filing 15 Request for Clerk to Issue Summons on Amended Complaint/Petition, #9 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
July 17, 2018 Filing 14 Request for Clerk to Issue Summons on Amended Complaint/Petition, #9 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
July 17, 2018 Filing 13 Request for Clerk to Issue Summons on Amended Complaint/Petition, #9 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
July 16, 2018 Filing 12 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Complaint (Attorney Civil Case Opening) #1 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (car)
July 16, 2018 Filing 11 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
July 16, 2018 Filing 10 NOTICE OF ASSIGNMENT to District Judge S. James Otero and Magistrate Judge Alka Sagar. (car)
July 13, 2018 Filing 9 FIRST AMENDED COMPLAINT against Defendants Casablanca Design Centers, Inc., David Winter, Four Seasons Windows, Inc., Interior Door & Closet Company, One Day Doors and Closets, Inc. amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Highmark Digital, Inc.(Krzeminski, Thomas)
July 13, 2018 Filing 8 CERTIFICATE of Interested Parties filed by Plaintiff Highmark Digital, Inc., (Krzeminski, Thomas)
July 13, 2018 Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
July 13, 2018 Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
July 13, 2018 Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
July 13, 2018 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
July 13, 2018 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
July 13, 2018 Filing 2 CIVIL COVER SHEET filed by Plaintiff Highmark Digital, Inc.. (Krzeminski, Thomas)
July 13, 2018 Filing 1 COMPLAINT Receipt No: 0973-22087254 - Fee: $400, filed by Plaintiff Highmark Digital, Inc.. (Attorney Thomas Philip Krzeminski added to party Highmark Digital, Inc.(pty:pla))(Krzeminski, Thomas)

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Search for this case: Highmark Digital, Inc. v. Casablanca Design Centers, Inc. et al
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Defendant: Four Seasons Windows, Inc.
Represented By: Martin Niels Jensen
Represented By: Joceline Martha Herman
Represented By: Jeffrey A Nordlander
Represented By: Michael Cruz Rocha
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Defendant: David Winter
Represented By: Martin Niels Jensen
Represented By: Joceline Martha Herman
Represented By: Jeffrey A Nordlander
Represented By: Michael Cruz Rocha
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Defendant: Interior Door & Closet Company
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Defendant: One Day Doors and Closets, Inc.
Represented By: Martin Niels Jensen
Represented By: Joceline Martha Herman
Represented By: Jeffrey A Nordlander
Represented By: Michael Cruz Rocha
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Defendant: Casablanca Design Centers, Inc.
Represented By: Martin Niels Jensen
Represented By: Joceline Martha Herman
Represented By: Jeffrey A Nordlander
Represented By: Michael Cruz Rocha
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Defendant: Interior Door and Closet Company
Represented By: Martin Niels Jensen
Represented By: Joceline Martha Herman
Represented By: Jeffrey A Nordlander
Represented By: Michael Cruz Rocha
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Defendant: One Day Enterprises, LLC
Represented By: Joceline Martha Herman
Represented By: Jeffrey A Nordlander
Represented By: Michael Cruz Rocha
Represented By: Martin Niels Jensen
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Plaintiff: Highmark Digital, Inc.
Represented By: Thomas Philip Krzeminski
Represented By: Michael K Friedland
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Counter defendant: Richard Matulia
Represented By: Thomas Philip Krzeminski
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