H-D USA LLC et al v. Affliction Holdings LLC
| H-D USA LLC and Harley-Davidson Motor Company Group, LLC |
| Affliction Holdings LLC |
| 2:2020cv01642 |
| February 20, 2020 |
| US District Court for the Central District of California |
| Virginia A Phillips |
| Michael R Wilner |
| Trademark |
| 15 U.S.C. § 1051 |
| Plaintiff |
Docket Report
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| Filing 90 Mail Returned addressed to Danielle E Johnson, Return To Sender, re Order on Motion to Appear Pro Hac Vice #86 (bm) |
| Filing 89 Mail Returned addressed to Danielle E Johnson, UTF, 3/26, re Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) #77 (bm) |
| Filing 88 FIRST AMENDED COMPLAINT against Defendant Affliction Holdings LLC amending Complaint - (Discovery), #1 , filed by Plaintiffs H-D USA LLC, Harley-Davidson Motor Company Group, LLC(Ridge, Donald) |
Filing 87
ORDER GRANTING LEAVE TO FILE PLAINTIFF'S FIRST AMENDED COMPLAINT by Judge Virginia A. Phillips, re Stipulation #85 : IT IS HEREBY ORDERED THAT: Plaintiff file its First Amended Complaint within five (5) days from receipt of this Order, without prejudice to AFFLICTION HOLDING'S right to file a motion challenging the First Amended Complaint on any grounds including but not limited to those provided by F.R.C.P. 12(b). Pursuant to L.R. 15-3, the First Amended Complaint shall be deemed served upon the parties who have previously appeared on the date this stipulation is approved. Defendant AFFLICTION HOLDINGS shall have thirty (30) days from the date this order is entered to respond to the First Amended Complaint. (bm)
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Filing 86
ORDER by Judge Virginia A. Phillips granting #82 Non-Resident Attorney APPLICATION to Appear Pro Hac Vice: The Court, having determined whether the required fee has been paid, and having reviewed the Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice filed by Sara C. Parker for permission to appear and participate in this case on behalf of H-D USA, LLC and Harley-Davidson Motor Company Group LLC and designating as Local Counsel Donald L. Ridge HEREBY ORDERS that the Application be: GRANTED. (bm)
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| Filing 85 STIPULATION for Leave to File First Amended Complaint filed by Plaintiffs H-D USA LLC, Harley-Davidson Motor Company Group, LLC. (Attachments: #1 Declaration, #2 Exhibit, #3 Proposed Order)(Ridge, Donald) |
| Filing 83 NOTICE OF LODGING filed re Corrected APPLICATION of Non-Resident Attorney Sara C. Parker to Appear Pro Hac Vice on behalf of Plaintiffs H-D USA LLC, Harley-Davidson Motor Company Group, LLC (Pro Hac Vice Fee - $400.00 Previously Paid on 3/5/2020, Receipt No. ACACDC-256-28 APPLICATION to APPLICATION of Non-Resident Attorney Sara C. Parker to Appear Pro Hac Vice on behalf of Plaintiffs H-D USA LLC, Harley-Davidson Motor Company Group, LLC (Pro Hac Vice Fee - $400.00 Previously Paid on 3/5/2020, Receipt No. ACA #82 (Attachments: #1 Proposed Order)(Ridge, Donald) |
| Filing 82 Corrected APPLICATION of Non-Resident Attorney Sara C. Parker to Appear Pro Hac Vice on behalf of Plaintiffs H-D USA LLC, Harley-Davidson Motor Company Group, LLC (Pro Hac Vice Fee - $400.00 Previously Paid on 3/5/2020, Receipt No. ACACDC-256-28717), APPLICATION to APPLICATION of Non-Resident Attorney Sara C. Parker to Appear Pro Hac Vice on behalf of Plaintiffs H-D USA LLC, Harley-Davidson Motor Company Group, LLC (Pro Hac Vice Fee - $400.00 Previously Paid on 3/5/2020, Receipt No. ACACDC-25628717) APPLICATION to CORRECT Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form,, #77 #80 filed by Plaintiffs H-D USA LLC, Harley-Davidson Motor Company Group, LLC. (Ridge, Donald) |
| Filing 81 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Sara C. Parker to Appear Pro Hac Vice on behalf of Plaintiffs H-D USA LLC, Harley-Davidson Motor Company Group, LLC (Pro Hac Vice Fee - $400.00 Previously Paid on 3/5/2020, Receipt No. ACACDC-25628717) APPLICATION to CORRECT Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form,, #77 #80 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. 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. Other error(s) with document(s): Attorney fails to add DC membership nor provide a GSC from that bar. (Thrasher, Lupe) |
| Filing 80 APPLICATION of Non-Resident Attorney Sara C. Parker to Appear Pro Hac Vice on behalf of Plaintiffs H-D USA LLC, Harley-Davidson Motor Company Group, LLC (Pro Hac Vice Fee - $400.00 Previously Paid on 3/5/2020, Receipt No. ACACDC-25628717), APPLICATION to CORRECT Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form,, #77 filed by Plaintiffs H-D USA LLC, Harley-Davidson Motor Company Group, LLC. (Attachments: #1 Proposed Order) (Ridge, Donald) |
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Filing 79
ORDER by Judge Virginia A. Phillips: denying #76 Non-Resident Attorney Sara C Parker APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs H-D USA, LLC and Harley-Davidson Motor Company Group, LLC, HEREBY ORDERS THAT the Application be: DENIED: for failure to attach a Certificate of Good Standing issued within 30 days prior to filing of Application, for every state court listed to which the applicant has been admitted. For failure to complete Application: stand and/or federal courts to which applicant has been admitted are not listed. (bm)
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Filing 78
STANDING ORDER upon filing of the complaint by Judge Virginia A. Phillips. (cch)
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| Filing 84 Mail Returned addressed to Danielle E Johnson, UTF, re Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) #71 (bm) |
| Filing 77 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Sara C. Parker to Appear Pro Hac Vice on behalf of Plaintiffs H-D USA LLC, Harley-Davidson Motor Company Group, LLC #68 #76 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. 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. Failed to add DC nor attach GSC. Also, GSC from Utah has Sara E. Parker. Applicant is listed as Sara C. Parker. See docket entry no. 71. (lom) |
| Filing 76 APPLICATION of Non-Resident Attorney Sara C. Parker to Appear Pro Hac Vice on behalf of Plaintiffs H-D USA LLC, Harley-Davidson Motor Company Group, LLC (Pro Hac Vice Fee - $400.00 Previously Paid on 3/5/2020, Receipt No. ACACDC-25628717), APPLICATION to AMEND APPLICATION of Non-Resident Attorney Sara C. Parker to Appear Pro Hac Vice on behalf of Plaintiffs H-D USA LLC, Harley-Davidson Motor Company Group, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25628717) #68 filed by Plaintiffs H-D USA LLC, Harley-Davidson Motor Company Group, LLC. (Attachments: #1 Proposed Order) (Ridge, Donald) |
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Filing 75
ORDER by Judge Virginia A. Phillips granting #68 Non-Resident Attorney Sara C Parker APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff H-D USA, LLC and Harley-Davidson Motor Company Group, LLC, designating Donald L Ridge as local counsel. (bm)
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Filing 74
ORDER by Judge Virginia A. Phillips granting #67 Non-Resident Attorney Robert D Litowitz APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff H-D USA, LLC and Harley-Davidson Motor Company Group, LLC, designating Donald L Ridge as local counsel. (bm)
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| Filing 73 Joint STIPULATION Extending Time to Answer the complaint as to Affliction Holdings LLC answer now due 4/5/2020, filed by Defendant Affliction Holdings LLC.(Blakely, Brent) |
| Filing 72 Notice of Appearance or Withdrawal of Counsel: for attorney Colby Ann Meagle counsel for Defendant Affliction Holdings LLC. Adding Colby A. Meagle as counsel of record for Affliction Holdings LLC for the reason indicated in the G-123 Notice. Filed by Defendant Affliction Holdings LLC. (Attorney Colby Ann Meagle added to party Affliction Holdings LLC(pty:dft))(Meagle, Colby) |
| Filing 71 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Sara C. Parker to Appear Pro Hac Vice on behalf of Plaintiffs H-D USA LLC, Harley-Davidson Motor Company Group, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25628717) #68 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. 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. Failed to add DC nor attach GSC. Also, GSC from Utah has Sara E. Parker. Applicant is listed as Sara C. Parker. (Thrasher, Lupe) |
| Filing 70 Notice of Appearance or Withdrawal of Counsel: for attorney Mark S Zhai counsel for Defendant Affliction Holdings LLC. Adding Mark S. Zhai as counsel of record for Affliction Holdings LLC for the reason indicated in the G-123 Notice. Filed by Defendant Affliction Holdings LLC. (Attorney Mark S Zhai added to party Affliction Holdings LLC(pty:dft))(Zhai, Mark) |
| Filing 69 Notice of Appearance or Withdrawal of Counsel: for attorney Brent H Blakely counsel for Defendant Affliction Holdings LLC. Adding Brent H. Blakely as counsel of record for Affliction Holdings LLC for the reason indicated in the G-123 Notice. Filed by Defendant Affliction Holdings LLC. (Attorney Brent H Blakely added to party Affliction Holdings LLC(pty:dft))(Blakely, Brent) |
| Filing 68 APPLICATION of Non-Resident Attorney Sara C. Parker to Appear Pro Hac Vice on behalf of Plaintiffs H-D USA LLC, Harley-Davidson Motor Company Group, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25628717) filed by Plaintiffs H-D USA LLC, Harley-Davidson Motor Company Group, LLC. (Attachments: #1 Proposed Order) (Ridge, Donald) |
| Filing 67 APPLICATION of Non-Resident Attorney Robert D. Litowitz to Appear Pro Hac Vice on behalf of Plaintiffs H-D USA LLC, Harley-Davidson Motor Company Group, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25628469) filed by Plaintiffs H-D USA LLC, Harley-Davidson Motor Company Group, LLC. (Attachments: #1 Proposed Order) (Attorney Donald L Ridge added to party H-D USA LLC(pty:pla), Attorney Donald L Ridge added to party Harley-Davidson Motor Company Group, LLC(pty:pla)) (Ridge, Donald) |
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Filing 66
STANDING ORDER upon filing of the complaint by Judge Virginia A. Phillips. (cch)
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| Filing 64 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Aaron T Olejniczak. 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. (jtil) |
| Filing 60 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney David M Kelly. 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. (jtil) |
| Case Electronically Transmitted to the Central District of California on 02/20/2020 (vkb) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 55 Minute and Order Entry for proceedings held before Chief Judge Pamela Pepper: Motion Hearing held on 2/4/2020. #32 Defendant's motion to dismiss for lack of jurisdiction GRANTED. Plaintiff's oral motion to transfer jurisdiction to Central District of California under 28 USC 1406 GRANTED. (cb) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 54 Audio of motion to dismiss hearing held on 02/04/2020 at 9:32 a.m.; File Size (65.1 MB) (kgw) [Transferred from Wisconsin Eastern on 2/27/2020.] |
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Filing 53
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 1/29/2020 re #44 Motion to Seal Documents filed by the defendant. The court GRANTS the defendant's motion to restrict documents. The court ORDERS that the clerk's office shall RESTRICT TO CASE PARTICIPANTS ONLY the documents at Dkt. Nos. 45 and 46-1 through 46-4 until further order of the court. Note: there is no document associated with this text only order. (cc: all counsel) (cb) [Transferred from Wisconsin Eastern on 2/27/2020.]
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Filing 52
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 1/29/2020 re #43 Motion to Seal Documents filed by the plaintiff. The court GRANTS the plaintiff's motion to restrict documents. The court ORDERS that the clerk's office shall RESTRICT TO CASE PARTICIPANTS ONLY the documents at Dkt. Nos. 41-5, 41-6, 41-7, 41-15, 41-18, 41-19, 41-25, and 41-27 until further order of the court. Note: there is no document associated with this text only order. (cc: all counsel) (cb) [Transferred from Wisconsin Eastern on 2/27/2020.]
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Filing 51
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 1/29/2020 re #42 Motion to Restrict Document filed by the plaintiff. The court GRANTS the plaintiff's motion to restrict documents. The court ORDERS that the clerk's office shall RESTRICT TO CASE PARTICIPANTS ONLY the documents at Dkt. Nos. 39 and 41-4 until further order of the court. Note: there is no document associated with this text only order. (cc: all counsel) (cb) [Transferred from Wisconsin Eastern on 2/27/2020.]
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Filing 50
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 1/29/2020 re #38 Motion to Restrict Documents filed by the plaintiff. The court GRANTS the plaintiff's motion to restrict documents. The court ORDERS that the clerk's office shall RESTRICT TO CASE PARTICIPANTS ONLY the documents at Dkt. Nos. 41-1, 41-2, 41-8 through 41-13, 41-16, 41-17, 41-21, 41-24, 41-31, and 41-32 until further order of the court. Note: there is no document associated with this text only order. (cc: all counsel) (cb) [Transferred from Wisconsin Eastern on 2/27/2020.]
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Filing 49
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 1/29/2020 re #31 Affliction Holdings' Motion to Restrict Documents to Case Participants. The court GRANTS the defendant's motion to restrict documents. The court ORDERS that the clerk's office shall RESTRICT TO CASE PARTICIPANTS ONLY the documents at Dkt. Nos. 33, 34 and 35 until further order of the court. Note: there is no document associated with this text only order. (cc: all counsel) (cb) [Transferred from Wisconsin Eastern on 2/27/2020.]
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Filing 48
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 1/7/2020 re #47 Plaintiff's Rule 7(h) Expedited, Non-Dispositive Consented Motion for Continuance of Hearing on Defendant's Renewed Motion to Dismiss for Lack of Personal Jurisdiction. The court GRANTS the plaintiff's unopposed motion to continue the motion hearing. The court ORDERS that the motion hearing on the motion to dismiss is re-set for 2/4/2020 at 9:30 AM by telephone before Chief Judge Pamela Pepper. Parties wishing to appear by phone may do so by calling the court's conference line at 888-557-8511 and using access code 4893665#. Note: there is no document associated with this text only order. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 2/27/2020.]
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| Filing 47 Rule 7(h) Expedited Non-Dispositive MOTION to Continue of Hearing on Defendant's Renewed Motion to Dismiss for Lack of Personal Jurisdiction by All Plaintiffs. (Schill, Katherine) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 46 DECLARATION of Christopher R. Liro in support of (Dkt. 45) Affliction Holdings Reply in support of its Renewed Motion to Dismiss (Attachments: #1 Exhibit 1 - email between counsel RESTRICTED, #2 Exhibit 2 Retrum Deposition Excerpts RESTRICTED, #3 Exhibit 3 Retrum Deposition Exhibit 12 RESTRICTED, #4 Exhibit 4 Schnapper 30(b)(6) Deposition Excerpts RESTRICTED)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Liro, Christopher) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 45 REPLY BRIEF in Support filed by Affliction Holdings LLC re #32 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 RESTRICTED Reply Brief, #2 Appendix Unpublished Cases)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Liro, Christopher) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 44 MOTION to Restrict Document by Affliction Holdings LLC. (Attachments: #1 Text of Proposed Order)(Liro, Christopher) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 43 MOTION to Restrict Document by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Schill, Katherine) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 42 MOTION to Restrict Document by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Schill, Katherine) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 41 DECLARATION of Katherine W. Schill (Attachments: #1 Exhibit 1 to Katherine Schill Decl., #2 Exhibit 2 to Katherine Schill Decl., #3 Exhibit 3 to Katherine Schill Decl., #4 Exhibit 4 to Katherine Schill Decl., #5 Exhibit 5 to Katherine Schill Decl., #6 Exhibit 6 to Katherine Schill Decl., #7 Exhibit 7 to Katherine Schill Decl., #8 Exhibit 8 to Katherine Schill Decl., #9 Exhibit 9 to Katherine Schill Decl., #10 Exhibit 10 to Katherine Schill Decl., #11 Exhibit 11 to Katherine Schill Decl., #12 Exhibit 12 to Katherine Schill Decl., #13 Exhibit 13 to Katherine Schill Decl., #14 Exhibit 14 to Katherine Schill Decl., #15 Exhibit 15 to Katherine Schill Decl., #16 Exhibit 16 to Katherine Schill Decl., #17 Exhibit 17 to Katherine Schill Decl., #18 Exhibit 18 to Katherine Schill Decl., #19 Exhibit 19 to Katherine Schill Decl., #20 Exhibit 20 to Katherine Schill Decl., #21 Exhibit 21 to Katherine Schill Decl., #22 Exhibit 22 to Katherine Schill Decl., #23 Exhibit 23 to Katherine Schill Decl., #24 Exhibit 24 to Katherine Schill Decl., #25 Exhibit 25 to Katherine Schill Decl., #26 Exhibit 26 to Katherine Schill Decl., #27 Exhibit 27 to Katherine Schill Decl., #28 Exhibit 28 to Katherine Schill Decl., #29 Exhibit 29 to Katherine Schill Decl., #30 Exhibit 30 to Katherine Schill Decl., #31 Exhibit 31 to Katherine Schill Decl., #32 Exhibit 32 to Katherine Schill Decl., #33 Exhibit 8 to Katherine Schill Decl. (REDACTED), #34 Exhibit 9 to Katherine Schill Decl. (REDACTED), #35 Exhibit 10 to Katherine Schill Decl. (REDACTED), #36 Exhibit 11 to Katherine Schill Decl. (REDACTED), #37 Exhibit 12 to Katherine Schill Decl. (REDACTED), #38 Exhibit 13 to Katherine Schill Decl. (REDACTED), #39 Exhibit 16 to Katherine Schill Decl. (REDACTED), #40 Exhibit 17 to Katherine Schill Decl. (REDACTED), #41 Exhibit 21 to Katherine Schill Decl. (REDACTED))This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Schill, Katherine) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 40 DECLARATION of Larry White (Attachments: #1 Exhibit A - Larry White Declaration, #2 Exhibit B - Larry White Declaration, #3 Exhibit C - Larry White Declaration)(Schill, Katherine) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 39 BRIEF in Opposition filed by All Plaintiffs re #32 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Opposititon to Defendant's Motion to Dismiss the Complaint. (Schill, Katherine) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 38 MOTION to Restrict Document by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Schill, Katherine) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 37 NOTICE of Hearing: Motion Hearing on #32 defendant's motion to dismiss for lack of jurisdiction set for 1/15/2020 at 1:30 PM by telephone before Judge Pamela Pepper. Parties wishing to appear by phone may do so by calling the court's conference line at 888-557-8511 and using access code 4893665#.(cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 36 DECLARATION of Lucinda Zuniga ISO (Dkt. 32) Renewed Motion to Dismiss (Liro, Christopher) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 35 DECLARATION of Jason Retrum ISO (Dkt. 32) Renewed Motion to Dismiss (Attachments: #1 RESTRICTED Retrum Declaration)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Liro, Christopher) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 34 DECLARATION of Alan Schnapper ISO (Dkt. 32) Renewed Motion to Dismiss (Attachments: #1 RESTRICTED Schnapper Declaration)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Liro, Christopher) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 33 BRIEF in Support filed by Affliction Holdings LLC re #32 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 RESTRICTED Memo)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Liro, Christopher) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 32 MOTION to Dismiss for Lack of Jurisdiction by Affliction Holdings LLC. (Liro, Christopher) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 31 MOTION to Restrict Document by Affliction Holdings LLC. (Attachments: #1 Text of Proposed Order)(Liro, Christopher) [Transferred from Wisconsin Eastern on 2/27/2020.] |
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Filing 29
ORDER signed by Judge Pamela Pepper on 7/11/2019. Parties to limit scope of discovery on jurisdiction to period beginning 1/1/2014 and continuing thru date plaintiff filed complaint. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 2/27/2020.]
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| Filing 30 Court Minutes for proceedings held before Judge Pamela Pepper: Discovery Dispute held on 7/3/2019. (kgw) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 28 Audio of discovery dispute hearing held on 07/03/2019 at 3:38 p.m.; File Size(14.1 MB) (kgw) [Transferred from Wisconsin Eastern on 2/27/2020.] |
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Filing 27
PROTECTIVE ORDER signed by Judge Pamela Pepper on 7/1/2019 GRANTING #26 joint motion for protective order. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 2/27/2020.]
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| Filing 26 Joint MOTION for Protective Order by Affliction Holdings LLC. (Liro, Christopher) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 25 Court Minutes and Order RE: Proceedings held before Judge Pamela Pepper on 5/16/2019. The court DENIES WITHOUT PREJUDICE #13 MOTION to Dismiss for Lack of Jurisdiction filed by Affliction Holdings LLC. Limited discovery is due by the end of the day on July 18, 2019. If the defendant wishes to renew it motion to dismiss, it must do so by the end of the day on July 26, 2019. (kgw) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 24 Audio of motion to dismiss hearing held on 05/16/2019 at 10:01 a.m.; File Size(37.0 MB) (kgw) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 23 NOTICE of Appearance by Jonathan H Margolies on behalf of All Plaintiffs. Attorney(s) appearing: Jonathan H. Margolies (Margolies, Jonathan) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 22 NOTICE of Appearance by Robert D Litowitz on behalf of All Plaintiffs. Attorney(s) appearing: Robert D. Litowitz (Litowitz, Robert) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 21 NOTICE of Hearing on #13 MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing set for 5/16/2019 at 10:00 AM by telephone before Judge Pamela Pepper. Parties wishing to appear by phone may do so by calling the court's conference line at 888-557-8511 and using access code 4893665#. Note: if necessary, the parties should be prepared to discuss scheduling at this hearing (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 2/27/2020.] |
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Filing 20
TEXT ONLY ORDER signed by Judge Pamela Pepper on 09/25/2018 re #12 MOTION to Restrict Document filed by Affliction Holdings LLC: The court GRANTS the defendant's motion to restrict documents. The court ORDERS that the clerk's office shall RESTRICT TO CASE PARTICIPANTS ONLY the documents at Dkt. Nos. 14 and 15 (the defendant's memorandum of law in support of its motion to dismiss, and the declaration of Alan Schnapper) until further order of the court. NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela) [Transferred from Wisconsin Eastern on 2/27/2020.]
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| Filing 19 REPLY BRIEF in Support filed by Affliction Holdings LLC re #13 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Appendix of Unpublished Cases)(Liro, Christopher) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 18 DECLARATION of Katherine W. Schill in Support of Plaintiffs' Opposition to Defendant's Motion to Dismiss the Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Schill, Katherine) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 17 DECLARATION of Danielle Johnson in Support of Plaintiffs' Opposition to Defendant's Motion to Dismiss the Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Schill, Katherine) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 16 BRIEF in Opposition filed by All Plaintiffs re #13 MOTION to Dismiss for Lack of Jurisdiction . (Schill, Katherine) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 15 REDACTED DECLARATION of Alan Schnapper ISO (Dkt. 13) Motion to Dismiss (Attachments: #1 RESTRICTED Declaration of Alan Schnapper)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Liro, Christopher) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 14 REDACTED BRIEF in Support filed by Affliction Holdings LLC re #13 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 RESTRICTED Brief ISO (Dkt. 13) Motion to Dismiss, #2 Appendix Unpublished Cases)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Liro, Christopher) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction by Affliction Holdings LLC. (Liro, Christopher) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 12 MOTION to Restrict Document by Affliction Holdings LLC. (Attachments: #1 Text of Proposed Order)(Liro, Christopher) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 11 Amended SUMMONS Returned Executed by H-D USA LLC, Harley-Davidson Motor Company Group LLC. Affliction Holdings LLC served on 1/5/2018. (Schill, Katherine) Modified on 2/7/2018 (blr). [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 10 STIPULATION to Extend the Deadline to Answer or Otherwise Respond to the Complaint by Affliction Holdings LLC. (Liro, Christopher) [Transferred from Wisconsin Eastern on 2/27/2020.] |
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TEXT ONLY ORDER signed by Judge Pamela Pepper on 1/31/2018 re #10 Joint Stipulation to Extend the Deadline to Answer or Otherwise Respond to the Complaint. The court APPROVES the stipulation to extend the answer deadline, dkt. no. 10. The court ORDERS that the time for the defendant to file an answer or other responsive pleading to the complaint is EXTENDED until the end of the day on February 28, 2018. The court APPROVES the stipulation to withdraw as moot #8 Affliction Holdings' Expedited Civil L.R. 7(h) Non-Dispositive Motion to Extend the Deadline to Answer or Otherwise Respond. The court ORDERS that the defendant's previously-filed motion for extension of time, dkt. no. 8, is WITHDRAWN. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 2/27/2020.]
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| Filing 9 DISCLOSURE Statement by Affliction Holdings LLC. (Liro, Christopher) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 8 Rule 7(h) Expedited Non-Dispositive MOTION for Extension of Time to File Answer or Otherwise Respond by Affliction Holdings LLC. (Liro, Christopher) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 7 Report to the Commissioner of Patents and Trademarks (vkb) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Case Reassigned to Judge Pamela Pepper. Magistrate Judge David E Jones no longer assigned to the case due to non-consent. (kah) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 6 Refusal to Jurisdiction by US Magistrate Judge by All Plaintiffs. (Schill, Katherine) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 5 SUMMONS Returned Executed by All Plaintiffs. Affliction Holdings LLC served on 1/6/2018 1/5/2018. (Schill, Katherine) Modified date on 1/9/2018 (kah). [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Summons Issued as to Affliction Holdings LLC. (kah) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 4 REQUEST for Issuance of Summons by All Plaintiffs (Schill, Katherine) [Transferred from Wisconsin Eastern on 2/27/2020.] |
|
Filing 3
TEXT ONLY ORDER signed by Magistrate Judge David E Jones on 12/27/2017. Plaintiff must file proof of service of the complaint or a report on the status of service for each defendant within 45 days of the date of this order. Please note that there is no document attached to this order. (cc: all counsel)(amb) [Transferred from Wisconsin Eastern on 2/27/2020.]
|
| Filing 2 DISCLOSURE Statement by H-D USA LLC, Harley-Davidson Motor Company Group LLC. (Schill, Katherine) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| Filing 1 COMPLAINT with Jury Demand; against Affliction Holdings LLC by H-D USA LLC, Harley-Davidson Motor Company Group LLC. ( Filing Fee PAID $400 receipt number 0757-2736109) (Attachments: #1 Civil Cover Sheet)(Schill, Katherine) [Transferred from Wisconsin Eastern on 2/27/2020.] |
| NOTICE Regarding assignment of this matter to Magistrate Judge David E Jones ;Consent/refusal forms for Magistrate Judge Jones to be filed within 21 days;the consent/refusal form is available on our website (jcl) [Transferred from Wisconsin Eastern on 2/27/2020.] |
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