Traxcell Technologies, LLC v. ALE USA Inc.
Plaintiff: Traxcell Technologies, LLC
Defendant: ALE USA Inc. and ALE USA Inc. doing business as Alcatel-Lucent Enterprise USA Inc.
Case Number: 2:2018cv06736
Filed: August 6, 2018
Court: US District Court for the Central District of California
Presiding Judge: Philip S Gutierrez
Referring Judge: Alka Sagar
Nature of Suit: Patent
Cause of Action: 15 U.S.C. § 1126
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 28, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2018 Opinion or Order Filing 60 MINUTE ORDER IN CHAMBERS re Order DISCHARGING Order to Show Cause by Judge Philip S. Gutierrez: On August 27, 2018, the Court ordered Defendant to show cause why the case should not be dismissed for lack of prosecution. See Dkt. no. 57. The order was issued because Defendant had failed to file a renewed motion to dismiss or an answer after the case was transferred from the Eastern District of Texas to this Court. Id. Defendant was required to respond to the OSC by September 10, 2018, see id., and Defendant filed an answer on that date, see Dkt. no. 58. Accordingly, the Court DISCHARGES the OSC. (bm)
September 13, 2018 Opinion or Order Filing 59 ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 2/25/2019 at 02:00 PM. (wm)
September 10, 2018 Filing 58 ANSWER to Amended Complaint, #15 JURY DEMAND filed by Defendant ALE USA Inc..(Shelton, Barry)
August 27, 2018 Opinion or Order Filing 57 MINUTE ORDER IN CHAMBERS Order re Defendant's Response to Court's Order to Show Cause by Judge Philip S. Gutierrez: On August 22, 2018, Defendant filed a Response to the Court's Order to Show Cause. Dkt. no. 56. In the Response, Defendant indicates that its "Motion to Dismiss Pursuant to Rule of Civil Procedure 12(b)(6) [Dkt. no. 19], filed June 1, 2017, remains pending before this Court." Id. Defendant's Motion to Dismiss, which related to both Fed. R. Civ. P. 12(b)(3) and 12(b)(6), was resolved by the Eastern District of Texas Judge's Order transferring the case to this District. See Dkt. no. 28. Defendant is ordered to file a response to the Complaint, whether it be a renewed motion to dismiss or an answer, within 14 days of this Order. Any motion should be filed and set for hearing in accordance with this District's local rules and the standing rules of this Court. The Order to Show Cause (Dkt. no. 47) will be discharged if counsel files the appropriate documents accordingly. (bm)
August 22, 2018 Filing 56 RESPONSE filed by Defendant ALE USA Inc.to Order to Show Cause #47 (Shelton, Barry)
August 22, 2018 Filing 55 NOTICE of Interested Parties filed by Defendant ALE USA Inc., identifying ALE Holding. (Shelton, Barry)
August 22, 2018 Filing 54 CORPORATE DISCLOSURE STATEMENT CERTIFICATE OF INTERESTED PERSONS filed by Plaintiff Traxcell Technologies, LLC (Ramey, William)
August 15, 2018 Opinion or Order Filing 53 ORDER by Judge Philip S. Gutierrez: granting #50 Non-Resident Attorney Greg H. Parker APPLICATION to Appear Pro Hac Vice on behalf of Defendant ALE USA Inc., designating Barry S. Shelton as local counsel. (bm)
August 15, 2018 Opinion or Order Filing 52 ORDER by Judge Philip S. Gutierrez: granting #51 Non-Resident Attorney William P. Ramey APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Traxcell Technologies, LLC, designating John B. Thomas as local counsel. (bm)
August 13, 2018 Filing 51 APPLICATION of Non-Resident Attorney William P. Ramey to Appear Pro Hac Vice on behalf of Plaintiff Traxcell Technologies, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22244687) filed by Plaintiff Traxcell Technologies, LLC. (Attachments: #1 Proposed Order) (Thomas, John)
August 13, 2018 Filing 50 APPLICATION of Non-Resident Attorney Greg H. Parker to Appear Pro Hac Vice on behalf of Defendant ALE USA Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22240567) filed by Defendant ALE USA Inc.. (Attachments: #1 Declaration of Greg H. Parker, #2 Exhibit Certificate of Good Standing, #3 Exhibit Certificate of Good Standing, #4 Proposed Order) (Shelton, Barry)
August 9, 2018 Filing 49 NOTICE of Appearance filed by attorney John B Thomas on behalf of Plaintiff Traxcell Technologies, LLC (Attorney John B Thomas added to party Traxcell Technologies, LLC(pty:pla))(Thomas, John)
August 9, 2018 Opinion or Order Filing 48 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
August 8, 2018 Opinion or Order Filing 47 ORDER TO SHOW CAUSE RE LACK OF PROSECUTION by Judge Philip S. Gutierrez. Response to Order to Show Cause due by 8/22/2018. (wm)
August 7, 2018 Opinion or Order Filing 46 ORDER TO TRANSFER CASE TO THE PATENT PILOT PROGRAM by Judge Virginia A. Phillips. Case transferred from Judge Virginia A. Phillips to Judge Philip S. Gutierrez for all further proceedings. Case number now reads 2:18-cv-06736 PSG(ASx). (rn)
August 7, 2018 Filing 45 RESPONSE filed by Pro Hac Vice attorney Eric Hugh Findlay on behalf of Defendant ALE USA Inc.. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt)
August 7, 2018 Filing 44 RESPONSE filed by Pro Hac Vice attorney Roger Brian Craft on behalf of Defendant ALE USA Inc.. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt)
August 6, 2018 Filing 43 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Greg Harlan Parker. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car)
August 6, 2018 Filing 42 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Roger Brian Craft. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car)
August 6, 2018 Filing 41 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Eric Hugh Findlay. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car)
August 6, 2018 Filing 40 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney William P Ramey, III. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car)
August 6, 2018 Filing 39 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
August 6, 2018 Filing 38 NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips and Magistrate Judge Alka Sagar. (car)
August 6, 2018 Filing 37 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 2:17-cv-00041-RWS-RSPx, from U.S. District Court Eastern District of TEXAS (Marshall). The above-referenced case has been transferred to this district and assigned the above civil case number 2:18-cv-6736-VAP-ASx. (car)
August 6, 2018 Filing 36 ORIGINAL file, certified copy of transfer order and docket sheet received from Texas Eastern
August 6, 2018 Opinion or Order Filing 35 ORDER re #19 Motion to Dismiss. This case is TRANSFERRED to the CentralDistrict of California without delay. Signed by Magistrate Judge Roy S. Payne on 8/6/2018. (nkl, ) [Transferred from Texas Eastern on 8/6/2018.]
June 29, 2018 Filing 34 NOTICE by Traxcell Technologies, LLC PLAINTIFFS NOTICE OF NONOPPOSIITON TO TRANSFER TO THE CENTRAL DISTRICT OF CALIFORNIA (Ramey, William) [Transferred from Texas Eastern on 8/6/2018.]
March 2, 2018 Opinion or Order Filing 33 ORDER denying #32 Motion for Protective Order. Signed by Magistrate Judge Roy S. Payne on 3/2/2018. (nkl, ) [Transferred from Texas Eastern on 8/6/2018.]
March 1, 2018 Filing 32 MOTION for Protective Order by ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A)(Findlay, Eric) [Transferred from Texas Eastern on 8/6/2018.]
February 25, 2018 Opinion or Order Filing 31 ORDER granting #30 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Roy S. Payne on 2/25/2018. (ch, ) [Transferred from Texas Eastern on 8/6/2018.]
February 21, 2018 Filing 30 Unopposed MOTION for Extension of Time to Complete Discovery re: Venue-Related Discovery and Complete Briefing on Defendant ALE's Motion to Dismiss Plaintiff's First Amended Complaint by Traxcell Technologies, LLC. (Attachments: #1 Text of Proposed Order)(Ramey, William) [Transferred from Texas Eastern on 8/6/2018.]
February 14, 2018 Opinion or Order Filing 29 ORDER re #28 Ordering Traxcell to supplement its response to the motion to dismiss no later than fifteen days after ALEs discovery response. Id. at 2. Traxcell is ordered to complete venue-related discovery and file any supplement to its response to the motion to dismiss no later than fourteen days from this order. Signed by Magistrate Judge Roy S. Payne on 2/14/2018. (ch, ) [Transferred from Texas Eastern on 8/6/2018.]
November 13, 2017 Opinion or Order Filing 28 ORDER re #19 MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(3) and 12(b)(6) filed by ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc.. Signed by Magistrate Judge Roy S. Payne on 11/13/2017. (ch, ) [Transferred from Texas Eastern on 8/6/2018.]
September 14, 2017 Filing 27 NOTICE of Attorney Appearance by Barry Kenneth Shelton on behalf of ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc. (Shelton, Barry) [Transferred from Texas Eastern on 8/6/2018.]
August 21, 2017 Opinion or Order Filing 26 ORDER finding as moot #12 Motion to Dismiss. Signed by Magistrate Judge Roy S. Payne on 8/21/2017. (nkl, ) [Transferred from Texas Eastern on 8/6/2018.]
July 19, 2017 Minute Entry for proceedings held before Judge Roy Payne: Scheduling Conference held on 7/19/17. The parties were given Markman and jury selection dates. The parties were directed to meet and confer regarding any changes to the Courts scheduling order and discovery order, and submit the proposed orders within 14 days of the conference. The parties were also instructed to submit the name of an agreed mediator within 3 days. (bga, ) [Transferred from Texas Eastern on 8/6/2018.]
July 19, 2017 Opinion or Order Filing 25 CONSOLIDATION ORDER - The above-captioned cases are CONSOLIDATED for all pretrial issues (except venue) with Lead Case No. 2:17-CV-00042-RWS-RSP. All parties are instructed to file future filings (except relating to venue) in the Lead Case. Member cases remain active for venue determinations and trial., Cases associated.. Signed by Magistrate Judge Roy S. Payne on 07/19/2017. (nkl, ) [Transferred from Texas Eastern on 8/6/2018.]
June 21, 2017 Filing 24 NOTICE of Attorney Appearance by Roger Brian Craft on behalf of ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc. (Craft, Roger) [Transferred from Texas Eastern on 8/6/2018.]
June 21, 2017 Filing 23 NOTICE of Attorney Appearance by Eric Hugh Findlay on behalf of ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc. (Findlay, Eric) [Transferred from Texas Eastern on 8/6/2018.]
June 20, 2017 Filing 22 REPLY to Response to Motion re #19 MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(3) and 12(b)(6) filed by ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc.. (Attachments: #1 Affidavit Greg H. Parker, #2 Affidavit Andy Jentis, #3 Exhibit A, #4 Exhibit B)(Parker, Greg) [Transferred from Texas Eastern on 8/6/2018.]
June 15, 2017 Opinion or Order Filing 21 ORDER (Scheduling Conference set for 7/19/2017 10:00 AM in Mag Ctrm (Marshall) before Magistrate Judge Roy S. Payne.) Signed by Magistrate Judge Roy S. Payne on 6/15/2017. (slo, ) [Transferred from Texas Eastern on 8/6/2018.]
June 13, 2017 Filing 20 RESPONSE to Motion re #19 MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(3) and 12(b)(6) filed by Traxcell Technologies, LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit Ramey Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)(Ramey, William) [Transferred from Texas Eastern on 8/6/2018.]
June 1, 2017 Filing 19 MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(3) and 12(b)(6) by ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc.. (Attachments: #1 Text of Proposed Order)(Parker, Greg) [Transferred from Texas Eastern on 8/6/2018.]
May 17, 2017 Opinion or Order Filing 18 ORDER granting #17 Unopposed MOTION for Extension of Time to File Answer to the First Amended Complaint filed by ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc. (ALE shall file its Answer to the First Amended Complaint no later than June 1, 2017.) Signed by Magistrate Judge Roy S. Payne on 5/17/2017. (slo, ) [Transferred from Texas Eastern on 8/6/2018.]
May 16, 2017 Filing 17 Unopposed MOTION for Extension of Time to File Answer to the First Amended Complaint by ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc.. (Attachments: #1 Text of Proposed Order)(Parker, Greg) [Transferred from Texas Eastern on 8/6/2018.]
May 2, 2017 Filing 16 RESPONSE to Motion re #12 MOTION to Dismiss filed by Traxcell Technologies, LLC. (Attachments: #1 Text of Proposed Order)(Ramey, William) [Transferred from Texas Eastern on 8/6/2018.]
May 2, 2017 Filing 15 AMENDED COMPLAINT Plaintiff's First Amended Complaint for Patent Infringement against ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc., filed by Traxcell Technologies, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ramey, William) [Transferred from Texas Eastern on 8/6/2018.]
April 25, 2017 Filing 14 NOTICE by Traxcell Technologies, LLC Notice of Related Cases (Ramey, William) [Transferred from Texas Eastern on 8/6/2018.]
April 25, 2017 Filing 13 CORPORATE DISCLOSURE STATEMENT filed by ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc. (Parker, Greg) [Transferred from Texas Eastern on 8/6/2018.]
April 24, 2017 Filing 12 MOTION to Dismiss by ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc.. (Attachments: #1 Text of Proposed Order)(Parker, Greg) [Transferred from Texas Eastern on 8/6/2018.]
March 30, 2017 Opinion or Order Filing 11 ORDER granting #10 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, filed by ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc. ALE shall file its Answer no later than April 24, 2017. Signed by Magistrate Judge Roy S. Payne on 3/30/2017. (slo, ) [Transferred from Texas Eastern on 8/6/2018.]
March 30, 2017 Answer Due Deadline Updated for ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc. to 4/24/2017. (slo, ) [Transferred from Texas Eastern on 8/6/2018.]
March 28, 2017 Filing 10 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc.. (Attachments: #1 Text of Proposed Order)(Parker, Greg) [Transferred from Texas Eastern on 8/6/2018.]
March 28, 2017 Filing 9 NOTICE of Attorney Appearance by Greg Harlan Parker on behalf of ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc. (Parker, Greg) [Transferred from Texas Eastern on 8/6/2018.]
February 24, 2017 Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc. to 3/4/2017. 30 Days Granted for Deadline Extension.( slo, ) [Transferred from Texas Eastern on 8/6/2018.]
February 24, 2017 Defendant's Unopposed SECOND Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc. to 3/19/2017. 15 Days Granted for Deadline Extension.( slo, ) [Transferred from Texas Eastern on 8/6/2018.]
February 23, 2017 Filing 8 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Traxcell Technologies, LLC.( Ramey, William) [Transferred from Texas Eastern on 8/6/2018.]
February 23, 2017 Filing 7 Defendant's Corrected Unopposed First Application for Extension of Time to Answer Complaint re Traxcell Technologies, LLC.( Ramey, William) [Transferred from Texas Eastern on 8/6/2018.]
February 23, 2017 ***FILED IN ERROR. FILED UNDER WRONG EVENT Document # 6, Motion for Extension of Time. PLEASE IGNORE.*** (ch, ) [Transferred from Texas Eastern on 8/6/2018.]
February 22, 2017 Filing 6 ***FILED IN ERROR*** MOTION for Extension of Time to File Answer by Traxcell Technologies, LLC. (Ramey, William) Modified on 2/23/2017 (ch, ). [Transferred from Texas Eastern on 8/6/2018.]
February 17, 2017 Filing 5 NOTICE by Traxcell Technologies, LLC Certificate of Interested Persons (Ramey, William) [Transferred from Texas Eastern on 8/6/2018.]
January 18, 2017 Filing 4 SUMMONS Issued as to ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc.. (ch, ) [Transferred from Texas Eastern on 8/6/2018.]
January 18, 2017 Filing 3 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Ramey, William) [Transferred from Texas Eastern on 8/6/2018.]
January 13, 2017 Opinion or Order Filing 2 ORDER REFERRING CASE to Magistrate Judge Roy S. Payne. Signed by Judge Robert W. Schroeder, III on 1/13/2017. (ch, ) [Transferred from Texas Eastern on 8/6/2018.]
January 13, 2017 Case assigned to Judge Robert W. Schroeder, III. (ch, ) [Transferred from Texas Eastern on 8/6/2018.]
January 13, 2017 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ch, ) [Transferred from Texas Eastern on 8/6/2018.]
January 12, 2017 Filing 1 COMPLAINT against ALE USA Inc. dba Alcatel-Lucent Enterprise USA Inc. ( Filing fee $ 400 receipt number 0540-6109892.), filed by Traxcell Technologies, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet - ALE, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Ramey, William) [Transferred from Texas Eastern on 8/6/2018.]

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Defendant: ALE USA Inc.
Represented By: Barry Kenneth Shelton
Represented By: Greg Harlan Parker
Represented By: Greg H Parker
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Defendant: ALE USA Inc. doing business as Alcatel-Lucent Enterprise USA Inc.
Represented By: Barry Kenneth Shelton
Represented By: Greg H Parker
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Plaintiff: Traxcell Technologies, LLC
Represented By: William P Ramey, III
Represented By: John B Thomas
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