GCP Applied Technologies Inc. v. AVM Industries, Inc.
Plaintiff: GCP Applied Technologies Inc., a Delaware corporation and GCP Applied Technologies Inc.
Defendant: AVM Industries, Inc., a California corporation and AVM Industries, Inc.
Alternative Dispute Resolution (Adr) Provider: K. Andrew Kent
Case Number: 2:2019cv07475
Filed: August 28, 2019
Court: US District Court for the Central District of California
Presiding Judge: Michael W Fitzgerald
Referring Judge: Frederick F Mumm
2 Judge: Rozella A Oliver
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 4, 2021 Filing 114 REPLY in support of NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held #101 #106 Reply Memorandum in Support of GCP's Motion for Reconsideration and/or Clarification filed by Plaintiff GCP Applied Technologies Inc.. (Matthias, Michael)
October 1, 2021 Opinion or Order Filing 113 ORDER GRANTING THE JOINT STIPULATION TO MODIFY THE SCHEDULING ORDER PER THE COURT'S SEPT. 13, 2021 ORDER #110 by Judge Michael W. Fitzgerald. Final Pretrial Conference, Hearing on Daubert Motions and Motions in Limine: April 18, 2022, at 11:00 a.m. Trial (Est. 5 Days): May 17, 2022, at 8:30 a.m. (iv)
October 1, 2021 Filing 112 NOTICE OF LODGING filed Notice of Lodging [Proposed] Order Granting Joint Stipulation to Modify the Scheduling Order Per the Court's Sept. 13, 2021 Order (Dkt. 107) re Stipulation for Order #110 (Matthias, Michael)
September 29, 2021 Filing 111 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation #110 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. Pursuant to Local Rule 5-4.4.1- Proposed orders not lodged with a main document shall be electronically lodged as an attachment to a Notice of Lodging. 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. (iv)
September 29, 2021 Filing 110 Joint STIPULATION for Order Modify the Scheduling Order Per the Court's Sept. 13, 2021 Order (Dkt. 107) filed by Plaintiff GCP Applied Technologies Inc..(Matthias, Michael)
September 27, 2021 Filing 109 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held #101 #106 filed by Defendant AVM Industries, Inc.. (Muehlhauser, Douglas)
September 14, 2021 Filing 108 TRANSCRIPT ORDER as to Plaintiff GCP Applied Technologies Inc. for Court Reporter. Court will contact Denise Walker at dwalker@bakerlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Matthias, Michael)
September 13, 2021 Opinion or Order Filing 107 ORDER #105 by Judge Michael W. Fitzgerald. Expert Disclosure and Opening Reports: 9/22/2021. Expert Disclosure and Response Reports: 10/20/2021. Expert Discovery Cut-off: 11/3/2021. The Court FURTHER ORDERS the parties to meet and confer regarding the remaining deadlines and dates in this matter. By no later than October 1, 2021, the parties shall file a stipulation setting forth the parties proposed schedule. (iv)
September 13, 2021 Filing 106 NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held #101 filed by Plaintiff GCP Applied Technologies Inc.. Motion set for hearing on 10/18/2021 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Matthias, Michael)
September 10, 2021 Filing 105 Third STIPULATION for Order to Modify the Scheduling Order filed by Plaintiff GCP Applied Technologies Inc.. (Attachments: #1 Proposed Order)(Matthias, Michael)
August 17, 2021 Filing 104 ANSWER to Amended Counterclaim GCP's Answer to AVM's Amended Counterclaim filed by Plaintiff GCP Applied Technologies Inc..(Matthias, Michael)
August 15, 2021 Filing 103 NOTICE OF FILING TRANSCRIPT filed for proceedings July 12, 2021 re Transcript #102 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Diaz, Amy) TEXT ONLY ENTRY
August 15, 2021 Filing 102 TRANSCRIPT for proceedings held on July 12, 2021. Court Reporter/Electronic Court Recorder: Amy Diaz, phone number amyfcrr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/7/2021. Redacted Transcript Deadline set for 9/15/2021. Release of Transcript Restriction set for 11/15/2021. (Diaz, Amy)
August 4, 2021 Opinion or Order Filing 101 MINUTES (IN CHAMBERS) ORDER RE: CLAIM CONSTRUCTION by Judge Michael W. Fitzgerald. SEE ORDER FOR DETAILS. (iv)
August 3, 2021 COUNTERCLAIM against Counter Defendant GCP Applied Technologies Inc. amending Answer to Complaint (Attorney Civil Case Opening), Counterclaim #41 filed by Counter Claimant AVM Industries, Inc.(iv)
August 3, 2021 Filing 100 AMENDED ANSWER and AMENDED COUNTERCLAIM to Amended Complaint/Petition, #40 filed by Defendant AVM Industries, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Muehlhauser, Douglas)
July 23, 2021 Opinion or Order Filing 99 MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANT'S MOTION TO AMEND ANSWER #85 by Judge Michael W. Fitzgerald. The Motion is GRANTED. AVM shall file its amended answer on or before August 3, 2021. At the hearing, the parties agreed that amending the Answer would not necessitate reopening discovery. Therefore, all other deadlines in the Scheduling Order remain the same. (iv)
July 12, 2021 Filing 98 MINUTES OF TELEPHONIC MOTION FOR LEAVE TO AMEND ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIM #85 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv)
July 9, 2021 Opinion or Order Filing 97 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Phillip Wolfe to Appear Pro Hac Vice on behalf of Plaintiff GCP Applied Technologies Inc., designating Michael R. Matthias as local counsel #96 . (iv)
July 9, 2021 Filing 96 APPLICATION of Non-Resident Attorney Phillip D. Wolfe to Appear Pro Hac Vice on behalf of Plaintiff GCP Applied Technologies Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 7/7/2021, Receipt No. ACACDC-31590436) filed by Plaintiff GCP Applied Technologies Inc.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Matthias, Michael)
July 9, 2021 Filing 95 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Application to Appear Pro Hac Vice #91 , #94 by Judge Michael W. Fitzgerald. The document is stricken. The application must be HAND-SIGNED by both attorneys. See instructions on page one of the Application -- electronic signatures are not accepted. (iv)
July 9, 2021 Filing 94 **STRICKEN** APPLICATION of Non-Resident Attorney Phillip D. Wolfe to Appear Pro Hac Vice on behalf of Plaintiff GCP Applied Technologies Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 7/7/2021, Receipt No. ACACDC-31590436) filed by Plaintiff GCP Applied Technologies Inc.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Matthias, Michael) Modified on 7/9/2021 Per Response #95 (iv).
July 8, 2021 Opinion or Order Filing 93 SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 21-08, the Motion Hearing #85 set for July 12, 2021 will be held telephonically at 9:30 a.m. Counsel shall use the following conference call information: Number: (877) 848-7030; Access Code: 4573404. Counsel are ordered to remain available from 9:30 a.m. - 10:30 a.m. Any tentative ruling the Court may prepare, will be emailed to counsel prior to the hearing. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
July 8, 2021 Filing 92 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Phillip D. Wolfe to Appear Pro Hac Vice on behalf of Plaintiff GCP Applied Technologies Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31590436) #91 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. (sbou)
July 7, 2021 Filing 91 **STRICKEN** APPLICATION of Non-Resident Attorney Phillip D. Wolfe to Appear Pro Hac Vice on behalf of Plaintiff GCP Applied Technologies Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31590436) filed by Plaintiff GCP Applied Technologies Inc.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Matthias, Michael) Modified on 7/9/2021 Per Response #95 (iv).
June 28, 2021 Filing 90 REPLY in support of NOTICE OF MOTION AND MOTION to AMEND Answer to Complaint (Attorney Civil Case Opening), Counterclaim #41 #85 filed by Defendant AVM Industries, Inc.. (Muehlhauser, Douglas)
June 21, 2021 Filing 89 DECLARATION of Jeffrey J. Lyons in opposition to NOTICE OF MOTION AND MOTION to AMEND Answer to Complaint (Attorney Civil Case Opening), Counterclaim #41 #85 filed by Plaintiff GCP Applied Technologies Inc.. (Attachments: #1 Exhibit A-M)(Matthias, Michael)
June 21, 2021 Filing 88 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to AMEND Answer to Complaint (Attorney Civil Case Opening), Counterclaim #41 #85 filed by Plaintiff GCP Applied Technologies Inc.. (Matthias, Michael)
June 7, 2021 Filing 87 DECLARATION of Peter W. Peterson in support of NOTICE OF MOTION AND MOTION to AMEND Answer to Complaint (Attorney Civil Case Opening), Counterclaim #41 #85 filed by Defendant AVM Industries, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Muehlhauser, Douglas)
June 7, 2021 Filing 86 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to AMEND Answer to Complaint (Attorney Civil Case Opening), Counterclaim #41 #85 filed by Defendant AVM Industries, Inc.. (Muehlhauser, Douglas)
June 7, 2021 Filing 85 NOTICE OF MOTION AND MOTION to AMEND Answer to Complaint (Attorney Civil Case Opening), Counterclaim #41 filed by Defendant AVM Industries, Inc.. Motion set for hearing on 7/12/2021 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order, #2 Exhibit 1 - Proposed Amended Answer and Counterclaim) (Muehlhauser, Douglas)
May 7, 2021 Filing 84 PROOF OF SERVICE filed by Plaintiff GCP Applied Technologies Inc., re Notice (Other) #80 Proof of Service Re Notice of Subpoena to Loren Nelson served on April 13, 2021. (Matthias, Michael)
May 6, 2021 Opinion or Order Filing 83 ORDER #82 by Judge Michael W. Fitzgerald. The Court ORDERS that the following deadlines originally entered in the Amended Order re Jury Trial, as amended, shall apply in this matter: Final Pretrial Conference and Hearing on Motions in Limine: November 22, 2021.Trial (Est. 5 Days): December 7, 2021. SEE ORDER FOR DETAILS. (iv)
May 5, 2021 Filing 82 STIPULATION for Order Modify the Scheduling Order filed by Plaintiff GCP Applied Technologies Inc.. (Attachments: #1 Proposed Order)(Matthias, Michael)
April 26, 2021 Filing 81 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Rozella A. Oliver for any discovery and/or post-judgment matters that may be referred. Case number will now read as 2:19-cv-07475(RAOx). (rn)
April 13, 2021 Filing 80 NOTICE Notice of Subpoena to Loren Nelson filed by Plaintiff GCP Applied Technologies Inc.. (Matthias, Michael)
March 22, 2021 Filing 79 MINUTES OF VTC CLAIM CONSTRUCTION HEARING held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv)
March 12, 2021 Filing 78 NOTICE OF LODGING filed - Claim Construction Slide Presentation re Text Only Scheduling Notice,,, 71 (Muehlhauser, Douglas)
March 12, 2021 Opinion or Order Filing 77 SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. On the Court's own motion, the Claim Construction/Markman Hearing is continued to March 22, 2021 at 9:30 AM before Judge Michael W. Fitzgerald. The VTC information remains the same. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
March 12, 2021 Filing 76 NOTICE of Manual Filing filed by Plaintiff GCP Applied Technologies Inc. of GCP's Claim Construction Presentation. (Matthias, Michael)
March 4, 2021 Opinion or Order Filing 75 ORDER #74 by Judge Michael W. Fitzgerald. The Court ORDERS that the following deadlines originally entered in the Amended Order re Jury Trial (Dkt 49) shall apply. SEE ORDER FOR DETAILS. (iv)
March 3, 2021 Filing 74 Joint STIPULATION for Order to Modify the Scheduling Order filed by Plaintiff GCP Applied Technologies Inc.. (Attachments: #1 Proposed Order)(Matthias, Michael)
March 3, 2021 Opinion or Order Filing 73 SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. On the Court's own motion, the Claim Construction/Markman Hearing is continued to March 15, 2021 at 9:30 AM before Judge Michael W. Fitzgerald. The hearing will be held by video/Zoom. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
January 29, 2021 Filing 72 STATEMENT Joint Claim Construction Chart filed by Plaintiff GCP Applied Technologies Inc. (Attachments: #1 Exhibit A)(Matthias, Michael)
January 29, 2021 Opinion or Order Filing 71 SCHEDULING NOTICEAMD ORDER by Judge Michael W. Fitzgerald. On the Court's own motion, the Claim Construction/Markman Hearing is continued to March 11, 2021 at 10:00 AM before Judge Michael W. Fitzgerald. The Court prefers slide presentations for the Claim Construction Hearing. The parties should file a Notice of Lodging and electronically submit their presentations to MWF_Chambers@cacd.uscourts.gov at least 24 hours prior to the hearing. If the files are too large, the presentations may be submitted by DropBox with access granted to the same email address. If they agree, the parties may share their presentations with opposing counsel at that time, but it is not required.IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
January 11, 2021 Filing 70 SEALED DOCUMENT GCP's Rebuttal Claim Construction Brief re Order on Motion for Leave to File Document Under Seal, #69 filed by Plaintiff GCP Applied Technologies Inc.. (Attachments: #1 Declaration)(Matthias, Michael)
January 11, 2021 Opinion or Order Filing 69 ORDER RE GCP'S APPLICATION TO FILE UNDER SEAL PORTIONS OF GCP'S REBUTTAL CLAIM CONSTRUCTION BRIEF #67 by Judge Michael W. Fitzgerald. GCP may file under seal the following portions of its Rebuttal Claim Construction Brief and Exhibit B. SEE ORDER FOR DETAILS. (iv)
January 8, 2021 Filing 68 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document GCP's Rebuttal Claim Construction Brief under seal #67 filed by Plaintiff GCP Applied Technologies Inc.. (Attachments: #1 Unredacted Document, #2 Unredacted Document)(Matthias, Michael)
January 8, 2021 Filing 67 APPLICATION to file document GCP's Rebuttal Claim Construction Brief under seal filed by Plaintiff GCP Applied Technologies Inc.. (Attachments: #1 Proposed Order, #2 Redacted Document, #3 Redacted Document)(Matthias, Michael)
January 8, 2021 Filing 66 RESPONSIVE CLAIM CONSTRUCTION BRIEF filed by Defendant AVM Industries, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Muehlhauser, Douglas)
January 6, 2021 Opinion or Order Filing 65 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney John Murphy to Appear Pro Hac Vice on behalf of Plaintiff GCP Applied Technologies, Inc., designating Michael Matthias as local counsel #63 . (iv)
January 5, 2021 Opinion or Order Filing 64 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Jeffrey Lyons to Appear Pro Hac Vice on behalf of Plaintiff GCP Applied Technologies, Inc., designating Michael Matthias as local counsel #62 . (iv)
January 5, 2021 Filing 63 APPLICATION of Non-Resident Attorney John F. Murphy to Appear Pro Hac Vice on behalf of Plaintiff GCP Applied Technologies Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 12/21/2020, Receipt No. 29635955) filed by Plaintiff GCP Applied Technologies Inc.. (Attachments: #1 Proposed Order) (Matthias, Michael)
January 4, 2021 Filing 62 APPLICATION of Non-Resident Attorney Jeffrey J. Lyons to Appear Pro Hac Vice on behalf of Plaintiff GCP Applied Technologies Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 12/21/2020, Receipt No. 29635207) filed by Plaintiff GCP Applied Technologies Inc.. (Attachments: #1 Proposed Order) (Matthias, Michael)
December 23, 2020 Filing 61 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Applications to Appear Pro Hac Vice #57 , #58 by Judge Michael W. Fitzgerald. The document is stricken and counsel is ordered to file an amended or corrected document by 1/11/2021. (iv)
December 22, 2020 Filing 60 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney John F. Murphy to Appear Pro Hac Vice on behalf of Plaintiff GCP Applied Technologies Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29635955) #58 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (sbou)
December 22, 2020 Filing 59 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jeffrey J. Lyons to Appear Pro Hac Vice on behalf of Plaintiff GCP Applied Technologies Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29635207) #57 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (sbou)
December 21, 2020 Filing 58 **STRICKEN** APPLICATION of Non-Resident Attorney John F. Murphy to Appear Pro Hac Vice on behalf of Plaintiff GCP Applied Technologies Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29635955) filed by Plaintiff GCP Applied Technologies Inc.. (Attachments: #1 Proposed Order) (Matthias, Michael) Modified on 12/23/2020 Per Response #61 . (iv).
December 21, 2020 Filing 57 **STRICKEN** APPLICATION of Non-Resident Attorney Jeffrey J. Lyons to Appear Pro Hac Vice on behalf of Plaintiff GCP Applied Technologies Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29635207) filed by Plaintiff GCP Applied Technologies Inc.. (Attachments: #1 Proposed Order) (Matthias, Michael) Modified on 12/23/2020 Per Response #61 (iv).
December 18, 2020 Filing 56 BRIEF filed by Plaintiff GCP Applied Technologies Inc.. GCP's Opening Claim Construction Brief (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Matthias, Michael)
December 18, 2020 Filing 55 DECLARATION of Peter W. Peterson re Brief (non-motion non-appeal) #54 in Support of Opening Markman Brief filed by Defendant AVM Industries, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Muehlhauser, Douglas)
December 18, 2020 Filing 54 OPENING MARKMAN BRIEF filed by Defendant AVM Industries, Inc.. (Muehlhauser, Douglas)
November 18, 2020 Filing 53 STATEMENT Joint Claim Construction and Prehearing Statement filed by Plaintiff GCP Applied Technologies Inc. (Matthias, Michael)
October 20, 2020 Filing 52 STIPULATION for Protective Order filed by Plaintiff GCP Applied Technologies Inc..(Matthias, Michael)
August 10, 2020 Filing 51 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) K. Andrew Kent has been assigned to serve as Panel Mediator. (lst)
August 7, 2020 Filing 50 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Andrew Kent may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff GCP Applied Technologies Inc.(Matthias, Michael)
July 17, 2020 Opinion or Order Filing 49 AMENDED ORDER RE JURY TRIAL by Judge Michael W. Fitzgerald. Final Pretrial Conference and Hearing on Motions in Limine set for November 15, 2021, at 11:00 a.m. Trial Date (Est. 5 Days) set for December 7, 2021, at 8:30 a.m. SEE ORDER FOR DETAILS. (iv)
July 16, 2020 Opinion or Order Filing 48 ORDER/REFERRAL to ADR Procedure No 2 by Judge Michael W. Fitzgerald. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 7/16/2021. A Status report Regarding Settlement shall be filed no later than: 10/30/2021. (et)
July 16, 2020 Opinion or Order Filing 47 ORDER RE JURY TRIAL by Judge Michael W. Fitzgerald. Non-expert Discovery cut-off 4/2/2021. Last Day to File Dispositive Motions: 7/2/2021. Last Day to Conduct ADR Proceeding: 7/26/2021.. File Memorandum of Contentions of Fact and Law, Exhibit and Witness Lists, Status Report regarding settlement, Proposed Pretrial Conference Order: 10/30/2021. Final Pretrial Conference and Hearing on Motion in Limine set for 11/15/2021 at 11:00AM. Trial Date (5 days) 12/6/2021 at 8:30AM. (SEE THE SECOND PAGE OF THIS ORDER FOR FURTHER THE SPECIFIED DATES). (et)
June 29, 2020 Filing 46 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. Pursuant to the Central District of California's Continuity of Operations Plan (COOP), the Court VACATES the Scheduling Conference set for 7/6/2020 at 11:00am. No appearances shall be made. The Court will review the parties' Joint Rule 26(f) Report and issue pretrial and trial dates by separate order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
June 22, 2020 Filing 45 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4-5 days, filed by Plaintiff GCP Applied Technologies Inc... (Attachments: #1 Exhibit A, #2 Exhibit B)(Matthias, Michael)
June 10, 2020 Filing 44 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Counterclaim #43 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Other error(s) with document(s): Missing counterclaim partie(s) on caption on title page. 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 5, 2020 Filing 43 GCPs Answer To AVMs Counterclaim ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim #41 filed by Plaintiff GCP Applied Technologies Inc..(Matthias, Michael)
May 21, 2020 Opinion or Order Filing 42 ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Michael W. Fitzgerald. This matter is set for a scheduling conference on 7/6/2020 at 11:00 AM. (iv)
May 15, 2020 Filing 41 ANSWER to Amended Complaint/Petition, #40 with JURY DEMAND, COUNTERCLAIM against GCP Applied Technologies Inc. filed by Defendant/Counterclaimant AVM Industries, Inc..(Muehlhauser, Douglas)
April 27, 2020 Filing 40 Second AMENDED COMPLAINT against Defendant AVM Industries, Inc. amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff GCP Applied Technologies Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Matthias, Michael)
April 2, 2020 Opinion or Order Filing 39 MINUTES (IN CHAMBERS) ORDER RE: DEFENDANT'S MOTION TO DISMISS #26 by Judge Michael W. Fitzgerald. The Motion is DENIED with respect to the claim construction, and is GRANTED with leave to amend with respect to knowledge and willful infringement. GCP may file a Second Amended Complaint, if any, by no later than April 27, 2020 to remedy its willful infringement claims. If an SAC is filed, AVM shall file a response to the SAC by no later than May 15, 2020. (iv)
January 30, 2020 Filing 38 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. COURT ORDER TAKING MOTION TO DISMISS #26 OFF CALENDAR AND UNDER SUBMISSION. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for submission on the papers without oral argument. Accordingly, the motion hearing set for February 3, 2020 is vacated and taken off calendar. The Court will reset the motion should it deem necessary. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
January 24, 2020 Opinion or Order Filing 37 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney David R. Pegnataro to Appear Pro Hac Vice on behalf of Defendant AVM Industries, Inc., designating Douglas G. Muehlhauser as local counsel #35 . (iv)
January 24, 2020 Opinion or Order Filing 36 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Peter W. Peterson to Appear Pro Hac Vice on behalf of Defendant AVM Industries, Inc., designating Douglas G. Muehlhauser as local counsel #34 . (iv)
January 22, 2020 Filing 35 Corrected APPLICATION of Non-Resident Attorney David R. Pegnataro to Appear Pro Hac Vice on behalf of Defendant AVM Industries, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 1/6/2020, Receipt No. 0973-25064466) filed by Defendant AVM Industries, Inc.. (Attachments: #1 Proposed Order) (Muehlhauser, Douglas)
January 22, 2020 Filing 34 Corrected APPLICATION of Non-Resident Attorney Peter W. Peterson to Appear Pro Hac Vice on behalf of Defendant AVM Industries, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 1/6/2020, Receipt No. 0973-25064294) filed by Defendant AVM Industries, Inc.. (Attachments: #1 Proposed Order) (Muehlhauser, Douglas)
January 20, 2020 Filing 33 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(6) #26 filed by Defendant AVM Industries, Inc.. (Muehlhauser, Douglas)
January 13, 2020 Filing 32 Opposition in opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(6) #26 Plaintiffs Opposition To Defendants Motion To Dismiss Pursuant To Fed. R. Civ. P. 12(b)(6) filed by Plaintiff GCP Applied Technologies Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Matthias, Michael)
January 13, 2020 Filing 31 CERTIFICATE of Interested Parties filed by Defendant AVM Industries, Inc., (Muehlhauser, Douglas)
January 10, 2020 Filing 30 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss Case #26 . 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. (iv)
January 7, 2020 Filing 29 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Applications to Appear Pro Hac Vice #24 , #25 by Judge Michael W. Fitzgerald. The document is stricken and counsel is ordered to file an amended or corrected document by 1/17/2020. (iv)
January 6, 2020 Filing 28 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Peter W. Peterson to Appear Pro Hac Vice on behalf of Defendant AVM Industries, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25064294) #24 , APPLICATION of Non-Resident Attorney David R. Pegnataro to Appear Pro Hac Vice on behalf of Defendant AVM Industries, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25064466) #25 . The following error(s) was/were found: PHV application Dkt #24 for Peter W. Peterson failed to list DC and did not provide GSC for same. PHV application Dkt #25 for David Pegnataro lists DC, but SB records do not list this attorney as being admitted to this bar. (lt)
January 6, 2020 Filing 27 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(6) #26 filed by Defendant AVM Industries, Inc.. (Muehlhauser, Douglas)
January 6, 2020 Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Defendant AVM Industries, Inc.. Motion set for hearing on 2/3/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Muehlhauser, Douglas)
January 6, 2020 Filing 25 **STRICKEN** APPLICATION of Non-Resident Attorney David R. Pegnataro to Appear Pro Hac Vice on behalf of Defendant AVM Industries, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25064466) filed by Defendant AVM Industries, Inc.. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order) (Muehlhauser, Douglas) Modified on 1/8/2020 Per Response #29 (iv).
January 6, 2020 Filing 24 **STRICKEN** APPLICATION of Non-Resident Attorney Peter W. Peterson to Appear Pro Hac Vice on behalf of Defendant AVM Industries, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25064294) filed by Defendant AVM Industries, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Muehlhauser, Douglas) Modified on 1/8/2020 Per Response #29 (iv).
December 5, 2019 Opinion or Order Filing 23 ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS #22 by Judge Michael W. Fitzgerald. Defendant AVM Industries, Inc. hereby stipulate to extend by 30 days to January 5, 2020 within which Defendant may respond to Plaintiff's initial complant. (iv)
December 4, 2019 Filing 22 STIPULATION Extending Time to Answer the complaint as to AVM Industries, Inc. answer now due 1/5/2020, re Amended Complaint/Petition, #16 filed by Defendant AVM Industries, Inc..(Attorney Douglas G Muehlhauser added to party AVM Industries, Inc.(pty:dft))(Muehlhauser, Douglas)
November 26, 2019 Opinion or Order Filing 21 DISCHARGE OF ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald: On 11/07/2019, the Court issued an Order to Show Cause Re Dismissal for Lack of Prosecution ("OSC") #15 . In response to that OSC, Plaintiff filed a First Amended Complaint #16 , a Proof of Service #19 , and a Response to OSC #20 . The Court deems those filings a satisfactory response and the OSC is DISCHARGED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
November 26, 2019 Filing 20 RESPONSE filed by Plaintiff GCP Applied Technologies Inc.to Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #15 Response to Order to Show Cause (Attachments: #1 Exhibit 1)(Matthias, Michael)
November 25, 2019 Filing 19 PROOF OF SERVICE Executed by Plaintiff GCP Applied Technologies Inc., upon Defendant AVM Industries, Inc. served on 11/15/2019, answer due 12/6/2019. Service of the Summons and Complaint were executed upon Michael Fiszer, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Matthias, Michael)
November 13, 2019 Filing 18 21 DAY Summons Issued re Amended Complaint/Petition, #16 as to Defendant AVM Industries, Inc. (iv)
November 12, 2019 Filing 17 Request for Clerk to Issue Summons on Amended Complaint/Petition, #16 filed by Plaintiff GCP Applied Technologies Inc.. (Matthias, Michael)
November 12, 2019 Filing 16 First AMENDED COMPLAINT against Defendant AVM Industries, Inc. amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff GCP Applied Technologies Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Matthias, Michael)
November 7, 2019 Opinion or Order Filing 15 MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald. The Court ORDERS Plaintiff to show cause why this action should not be dismissed for lack of prosecution. In response to this Order to Show Cause, the Court will accept the following no later than November 26, 2019. BY PLAINTIFF: PROOF OF SERVICE. BY DEFENDANT: RESPONSE TO THE COMPLAINT. BY PLAINTIFF: DEFAULT APPLICATION. Failure to respond to the Order to Show Cause will result in the dismissal of this action. (iv)
September 18, 2019 Opinion or Order Filing 14 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Cassandra J. Simmons to Appear Pro Hac Vice on behalf of Plaintiff GCP Applied Technologies Inc, designating Michael R. Matthias as local counsel #12 . (iv)
September 18, 2019 Opinion or Order Filing 13 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Gary H. Levin to Appear Pro Hac Vice on behalf of Plaintiff GCP Applied Technologies Inc, designating Michael R. Matthias as local counsel #11 . (iv)
September 17, 2019 Filing 12 APPLICATION of Non-Resident Attorney Cassandra J. Simmons to Appear Pro Hac Vice on behalf of Plaintiff GCP Applied Technologies Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24451068) filed by Plaintiff GCP Applied Technologies Inc.. (Attachments: #1 Proposed Order) (Matthias, Michael)
September 17, 2019 Filing 11 APPLICATION of Non-Resident Attorney Gary H. Levin to Appear Pro Hac Vice on behalf of Plaintiff GCP Applied Technologies Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24450791) filed by Plaintiff GCP Applied Technologies Inc.. (Attachments: #1 Proposed Order) (Matthias, Michael)
August 29, 2019 Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Cassandra J Simmons. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa)
August 29, 2019 Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Gary H. Levin. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa)
August 29, 2019 Filing 8 21 DAY Summons issued re Complaint #1 as to defendant AVM Industries, Inc. (esa)
August 29, 2019 Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
August 29, 2019 Filing 6 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Frederick F. Mumm. (esa)
August 28, 2019 Filing 5 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by GCP Applied Technologies Inc., a Delaware corporation. (Matthias, Michael)
August 28, 2019 Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff GCP Applied Technologies Inc., a Delaware corporation, (Matthias, Michael)
August 28, 2019 Filing 3 CIVIL COVER SHEET filed by Plaintiff GCP Applied Technologies Inc., a Delaware corporation. (Matthias, Michael)
August 28, 2019 Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff GCP Applied Technologies Inc., a Delaware corporation. (Matthias, Michael)
August 28, 2019 Filing 1 COMPLAINT Receipt No: 0973-24345685 - Fee: $400, filed by Plaintiff GCP Applied Technologies Inc., a Delaware corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Attorney Michael R Matthias added to party GCP Applied Technologies Inc., a Delaware corporation(pty:pla))(Matthias, Michael)

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Search for this case: GCP Applied Technologies Inc. v. AVM Industries, Inc.
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Plaintiff: GCP Applied Technologies Inc., a Delaware corporation
Represented By: Michael R Matthias
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Plaintiff: GCP Applied Technologies Inc.
Represented By: Michael R Matthias
Represented By: Cassandra J Simmons
Represented By: Gary H Levin
Represented By: John F. Murphy
Represented By: Jeffrey J. Lyons
Represented By: Michael R. Matthias
Represented By: Phillip D Wolfe
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Defendant: AVM Industries, Inc., a California corporation
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Defendant: AVM Industries, Inc.
Represented By: Douglas G Muehlhauser
Represented By: Peter W Peterson
Represented By: David R Pegnataro
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Alternative dispute resolution (adr) provider: K. Andrew Kent
Represented By: K Andrew Kent
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