Emcore Corporation v. Phoenix Navigation Components, LLC
Plaintiff: Emcore Corporation
Defendant: Phoenix Navigation Components, LLC
Case Number: 2:2018cv08077
Filed: September 18, 2018
Court: US District Court for the Central District of California
Presiding Judge: Andre Birotte
Referring Judge: Ronald SW Lew
2 Judge: John E McDermott
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 145
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 16, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 16, 2018 Filing 37 PROOF OF SERVICE filed by defendant Phoenix Navigation Components, LLC, re Sealed Declaration in SupportDeclaration, #35 served on 11/16/18. (Peterson, Marcus)
November 16, 2018 Filing 36 REPLY in support of NOTICE OF MOTION AND MOTION to Stay Case pending arbitration or Dismiss pursuant to FRCP 12(b)(3) #27 filed by Defendant Phoenix Navigation Components, LLC. (Attachments: #1 Declaration of M. Peterson, #2 Exhibit A to Peterson Declaration, #3 Exhibit B to Peterson Declaration, #4 Exhibit C to Peterson Declaration)(Peterson, Marcus)
November 16, 2018 Filing 35 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Reply in Support of Motion to Stay or Dismiss) under seal #34 filed by Defendant Phoenix Navigation Components, LLC. (Attachments: #1 Unredacted Document - Reply ISO Motion to Stay or Dismiss, #2 Unredacted Document - Exhibit A to Peterson Decl. ISO Reply re Motion to Stay or Dismiss)(Peterson, Marcus)
November 16, 2018 Filing 34 APPLICATION to file document (Reply in Support of Motion to Stay or Dismiss) under seal filed by Defendant Phoenix Navigation Components, LLC. (Attachments: #1 Proposed Order, #2 Redacted Document)(Peterson, Marcus)
November 9, 2018 Filing 33 OPPOSITION re: NOTICE OF MOTION AND MOTION to Stay Case pending arbitration or Dismiss pursuant to FRCP 12(b)(3) #27 filed by Plaintiff Emcore Corporation. (Attachments: #1 Declaration of D. Stuart Bartow, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Bartow, Daryl)
October 23, 2018 Opinion or Order Filing 32 ORDER GRANTING Defendant Phoenix Navigation Components, LLC's Application for Leave to File Under Seal #24 by Judge Andre Birotte Jr. (jp)
October 23, 2018 Opinion or Order Filing 31 ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 2/1/2019 at 10:00 AM before Judge Andre Birotte Jr. (cb)
October 23, 2018 Opinion or Order Filing 30 (IN CHAMBERS) ORDER CONTINUING DEFENDANT'S MOTION TO STAY PENDING ARBITRATION OR DISMISS (DKT. #27 ) by Judge Andre Birotte Jr.: Defendant has set the motion for a hearing date the Court's calendar is closed. If the Monday or Friday in a given week is a holiday, the Court will NOT have a Friday calendar. The next available hearing date is the following Friday. Counsel are directed to refer to this Court's Procedures and Schedules found on the website for the United States District Court. Any future motion may be stricken for failing to comply with this Court's rules. The Court, on its own motion, CONTINUES the Motion from November 16, 2018, to Friday, November 30, 2018, at 10:00 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
October 19, 2018 Filing 29 PROOF OF SERVICE filed by defendant Phoenix Navigation Components, LLC, re Sealed Declaration in SupportDeclaration,, #25 served on October 19, 2018. (Peterson, Marcus)
October 19, 2018 Filing 28 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Stay Case pending arbitration or Dismiss pursuant to FRCP 12(b)(3) #27 filed by Defendant Phoenix Navigation Components, LLC. (Attachments: #1 Proposed Order)(Peterson, Marcus)
October 19, 2018 Filing 27 NOTICE OF MOTION AND MOTION to Stay Case pending arbitration or Dismiss pursuant to FRCP 12(b)(3) filed by defendant Phoenix Navigation Components, LLC. Motion set for hearing on 11/16/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum, #2 Declaration of M. Peterson, #3 Exhibit A-G to Decl. of M. Peterson, #4 Proposed Order) (Peterson, Marcus)
October 19, 2018 Filing 26 NOTICE of Interested Parties filed by defendant Phoenix Navigation Components, LLC, identifying none. (Peterson, Marcus)
October 19, 2018 Filing 25 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits A-E to M. Peterson Declaration ISO Defendant's Motion to Stay or Dismiss under seal #24 filed by Defendant Phoenix Navigation Components, LLC. (Attachments: #1 Unredacted Document Ex. A to M. Peterson Decl. ISO Motion to Stay or Dismiss, #2 Unredacted Document Ex. B to M. Peterson Decl. ISO Motion to Stay or Dismiss, #3 Unredacted Document Ex. C to M. Peterson Decl. ISO Motion to Stay or Dismiss, #4 Unredacted Document Ex. D to M. Peterson Decl. ISO Motion to Stay or Dismiss, #5 Unredacted Document Ex. E to M. Peterson Decl. ISO Motion to Stay or Dismiss)(Peterson, Marcus)
October 19, 2018 Filing 24 APPLICATION to file document Exhibits A-E to M. Peterson Declaration ISO Defendant's Motion to Stay or Dismiss under seal filed by Defendant Phoenix Navigation Components, LLC. (Attachments: #1 Proposed Order)(Attorney Marcus D Peterson added to party Phoenix Navigation Components, LLC(pty:dft))(Peterson, Marcus)
October 12, 2018 Filing 23 REDACTED Complaint for Declaratory Judgment filed by Plaintiff Emcore Corporation (Hasan, Syed)
October 12, 2018 Opinion or Order Filing 22 (IN CHAMBERS) ORDER by Judge Andre Birotte Jr. Plaintiff is hereby ORDERED to IMMEDIATELY file the Redacted Complaint attached to the Ex Parte Application (Dkt. No. 14). IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
October 11, 2018 Filing 21 EXHIBIT 1 OF THE COMPLAINT FOR DECLARATORY JUDGMENT re: Sealed Document #20 (Attachments: #1 Civil Cover Sheet)(Hasan, Syed)
October 11, 2018 Filing 20 SEALED DOCUMENT COMPLAINT FOR DECLARATORY JUDGMENT re Order on Motion for Leave to File Document Under Seal,, #19 filed by Plaintiff Emcore Corporation. (Attachments: #1 Exhibit 2 of Complaint)(Hasan, Syed)
October 9, 2018 Opinion or Order Filing 19 ORDER GRANTING PLAINTIFF'S APPLICATION TO FILE DOCUMENTS UNDER SEAL by Judge Andre Birotte Jr.: Upon Plaintiff's Renewed Application to File Documents Under Seal #14 , IT IS HEREBY ORDERED that the portions of the following unredacted documents are to be filed under seal pursuant to Local Rule 79-5: Complaint for Declaratory Judgment - Portions to be Sealed: Pg. 5, Paragraphs 16-17 and Pg. 6; and Exhibit 2 to Complaint for Declaratory Judgment - Portions to be Sealed: Entire Document, Pages 1-45. The above shall constitute the operative pleading. IT IS FURTHER ORDERED that Dkt. No. #8 is SEALED and STRICKEN. (gk)
October 2, 2018 Filing 18 PROOF OF SERVICE Executed by Plaintiff Emcore Corporation, upon Defendant Phoenix Navigation Components, LLC served on 9/28/2018, answer due 10/19/2018. Service of the Summons and Complaint were executed upon Christopher I. Reynolds, Authorized Agent in compliance with statute not specified by personal service.Original Summons NOT returned. (Hasan, Syed)
September 27, 2018 Opinion or Order Filing 17 STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
September 26, 2018 Filing 16 21 DAY Summons issued re Complaint #8 as to defendant Phoenix Navigation Components, LLC. (esa)
September 26, 2018 Filing 15 SEALED DECLARATION IN SUPPORT OF Renewed APPLICATION to file document (portions of Complaint and Exhibit 2 of Complaint) under seal #14 filed by Plaintiff Emcore Corporation. (Attachments: #1 Unredacted Document Exhibit A, #2 Unredacted Document Exhibit B)(Hasan, Syed)
September 26, 2018 Filing 14 Renewed APPLICATION to file document (portions of Complaint and Exhibit 2 of Complaint) under seal filed by Plaintiff Emcore Corporation. (Attachments: #1 Redacted Document Exhibit A, #2 Redacted Document Exhibit B, #3 Proposed Order)(Hasan, Syed)
September 26, 2018 Filing 13 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
September 26, 2018 Filing 12 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge John E. McDermott. (esa)
September 26, 2018 Filing 11 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Emcore Corporation. (esa)
September 26, 2018 Filing 10 CORPORATE DISCLOSURE STATEMENT filed by plaintiff Emcore Corporation (esa)
September 26, 2018 Filing 9 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by plaintiff Emcore Corporation. (esa)
September 26, 2018 Filing 8 * STRICKEN * SEALED DOCUMENT - COMPLAINT against defendant Phoenix Navigation Components, LLC.Case assigned to Judge Andre Birotte Jr for all further proceedings. Discovery referred to Magistrate Judge John E. McDermott,(Filing fee $ 400 paid) Jury Demand, filed by plaintiff Emcore Corporation. (Attachments: #1 CV-71) (esa) ** DOCUMENT SEALED AND STRICKEN PURSUANT TO THE ORDER OF 10/9/2018 #19 ** Modified on 10/9/2018 (gk).
September 26, 2018 Opinion or Order Filing 7 ORDER TO TRANSFER CASE TO THE PATENT PILOT PROGRAM by Judge Dale S. Fischer. Case transferred from Judge Dale S. Fischer to Judge Andre Birotte Jr for all further proceedings. Case number now reads 2:18-cv-08077 AB(JEMx). (rn)
September 26, 2018 Opinion or Order Filing 5 ORDER by Judge Dale S. Fischer denying #1 APPLICATION to Seal Case (esa)
September 24, 2018 Opinion or Order Filing 4 STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (dp)
September 21, 2018 Opinion or Order Filing 3 ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 16-05. Case randomly reassigned from Judge Ronald S.W. Lew to Judge Dale S. Fischer for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-08077 DSF(JEMx). (rn)
September 18, 2018 Opinion or Order Filing 6 ORDER by Judge Dale S. Fischer, DENYING APPLICATION to Seal Case #1 . (shb)
September 18, 2018 Filing 2 DECLARATION of Art Hasan in support of APPLICATION to Seal Case #1 filed by Plaintiff Emcore Corporation. (esa)
September 18, 2018 Filing 1 APPLICATION to File Case Under Seal filed by plaintiff Emcore Corporation. (Attachments: #1 Lodged Proposed Order) (esa)

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Plaintiff: Emcore Corporation
Represented By: Katherine L Quigley
Represented By: Syed A Hasan
Represented By: Daryl Stuart Bartow
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Defendant: Phoenix Navigation Components, LLC
Represented By: Marcus D Peterson
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