SHO Products, LLC v. Puff Corp.
| SHO Products, LLC |
| Puff Corp. |
| 2:2022cv06709 |
| September 19, 2022 |
| US District Court for the Central District of California |
| Maria A Audero |
| Andre Birotte |
| Karen L Stevenson |
| George H Wu |
| Patent |
| 28 U.S.C. § 1338 Patent Infringement |
| Plaintiff |
Docket Report
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| Filing 37 MINUTES IN CHAMBERS - FINAL RULING ON DEFENDANT PUFF CORP.'S MOTION TO DISMISS THE COMPLAINT FOR LACK OF STANDING #15 by Judge George H. Wu. Attached hereto is the Court's Final Ruling on Defendant's Motion to Dismiss #15 . The Court GRANTS Defendant's Motion without prejudice.; granting #15 MOTION to Dismiss Case. (aco) |
| Filing 36 TRANSCRIPT ORDER as to Defendant Puff Corp. for Court Reporter. Court will contact Eva J. Sieg at eva.sieg@bclplaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Dailey, Colin) |
| Filing 35 MINUTES OF DEFENDANT PUFF CORP.'S MOTION TO DISMISS THE COMPLAINT FOR LACK OF STANDING #15 Hearing held before Judge George H. Wu. The Court's Tentative Ruling on Defendants Motion to Dismiss #15 was issued on January 9, 2023 #31 . Oral argument is held. For reasons stated on the record, Defendant's Motion is taken under submission. Plaintiff SHO Products, LLC's 1) Objection and Request to Strike the Declaration of Michael Barton Filed by Defendant Puff Corp. In Support of its Reply re Motion to Dismiss the Complaint [Dkt. 29-1]; 2) Request for Leave to File a Sur-response #30 is granted. The Court STRIKES the Barton Declaration and GRANTS Plaintiff's request for leave and considers Plaintiff's sur-response.; taking under advisement #15 MOTION to Dismiss Case; granting #30 REQUEST to Strike Declaration of Michael Barton; granting #30 REQUEST for Leave to File a Sur-response. Court Reporter: Terri A. Hourigan. (aco) |
| Filing 34 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case -- Puff Corp.'s Notice of Motion and Motion to Dismiss the Complaint for Lack of Standing; Memorandum of Points and Authorities in Support Thereof #15 Second Request for Judicial Notice filed by Defendant Puff Corp.. (Attachments: #1 Declaration Second Barton Declaration, #2 Exhibit Wire Transfer Receipt)(Dailey, Colin) |
| Filing 33 MEMORANDUM in Opposition to REQUEST to Strike Declaration of Michael Barton filed by Defendant Puff Corp. in Support of its Reply (Motion related), #29 REQUEST for Leave to file a Sur-Response in support of Opposition to Motion to Dismiss the Complaint #30 filed by Defendant Puff Corp.. (Dailey, Colin) |
| Filing 32 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Due to the expiration of the CARES ACT in the Central District of California, the Motion Hearing #15 , set for Thursday, January 12, 2023 at 8:30 a.m. will now be held in-person and not by telephone. Masks are required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 31 MINUTES IN CHAMBERS - TENTATIVE RULING ON DEFENDANT PUFF CORP.'S MOTION TO DISMISS THE COMPLAINT FOR LACK OF STANDING #15 by Judge George H. Wu. Attached hereto is the Court's Tentative Ruling on Defendants Motion to Dismiss #15 set for hearing on January 12, 2023 at 8:30 a.m. (aco) |
| Filing 30 REQUEST to Strike Declaration of Michael Barton filed by Defendant Puff Corp. in Support of its Reply (Motion related), #29 , REQUEST for Leave to file a Sur-Response in support of Opposition to Motion to Dismiss the Complaint filed by plaintiff SHO Products, LLC. (Attachments: #1 Sur-Response, #2 Proposed Order) (Masur, Joshua) |
| Filing 29 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss Case -- Puff Corp.'s Notice of Motion and Motion to Dismiss the Complaint for Lack of Standing; Memorandum of Points and Authorities in Support Thereof #15 filed by Defendant Puff Corp.. (Attachments: #1 Declaration)(Dailey, Colin) |
| Filing 28 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case -- Puff Corp.'s Notice of Motion and Motion to Dismiss the Complaint for Lack of Standing; Memorandum of Points and Authorities in Support Thereof #15 filed by Plaintiff SHO Products, LLC. (Attachments: #1 Declaration of Samuel Jurist, #2 Exhibit 1, #3 Declaration of Joshua M. Masur, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4)(Masur, Joshua) |
Filing 27
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. Wu. APPLICATION of Attorney Daniel A. Crowe to Appear Pro Hac Vice on behalf of Defendant Puff Corp., designating David J. Root as local counsel.; granting #26 Non-Resident Attorney Daniel A. Crowe. (aco)
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| Filing 26 APPLICATION of Non-Resident Attorney Daniel A. Crowe to Appear Pro Hac Vice on behalf of Defendant Puff Corp. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34424395) filed by Defendant Puff Corp.. (Attachments: #1 Proposed Order) (Root, David) |
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Filing 25
STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth "Local Rules") 16-1 through 16-15 regarding pre-trial requirements. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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| Filing 24 MINUTES IN CHAMBERS - TRANSFER OF CASE TO JUDGE WU by Judge George H. Wu. This action has been reassigned to the HONORABLE GEORGE H. WU, United States District Judge and to the Honorable Karen L. Stevenson, U.S. Magistrate Judge (KS). Judge Wu hears civil matters on Monday and Thursday only. For that reason, Defendant Puff Corp.'s Motion to Dismiss the Complaint for Lack of Standing #15 , filed on November 21, 2022 and set for hearing on January 13, 2023, is advanced to January 12, 2023 at 8:30 a.m. The scheduling conference set for February 10, 2023 is advanced to February 9, 2023 at 8:30 a.m. (See document for further details). (aco) |
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Filing 22
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:20-cv-00358 GW(KSx). Case transferred from Magistrate Judge Maria A. Audero and Judge Andre Birotte Jr to Judge George H. Wu and Magistrate Judge Karen L. Stevenson for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-06709 GW(KSx). Signed by Judge George H. Wu (rn)
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Filing 23
ORDER ON STIPULATION REGARDING BRIEFING SCHEDULE ON DEFENDANT'S MOTION TO DISMISS by Judge Andre Birotte Jr.: The Court APPROVES the parties' Stipulation #20 and SETS the following schedule for Puffco's Rule l2(b) motion to dismiss #15 : Deadline to respond to Puffco's Rule 12(b) 12/8/2022; Deadline for reply 12/21/2022; Hearing on 1/13/2023 at 10:00 AM before Judge Andre Birotte Jr. (gk)
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| Filing 21 NOTICE of Related Case(s) filed by Plaintiff SHO Products, LLC. Notice of Non-Opposition to Defendant's Notice (Dkt. No. 18) Related Case(s): 22-cv-2008 (Masur, Joshua) |
| Filing 20 Stipulation Regarding Briefing Schedule on Defendant's Motion to Dismiss filed by Defendant Puff Corp. re: NOTICE OF MOTION AND MOTION to Dismiss Case -- Puff Corp.'s Notice of Motion and Motion to Dismiss the Complaint for Lack of Standing; Memorandum of Points and Authorities in Support Thereof #15 (Attachments: #1 Proposed Order)(Dailey, Colin) |
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Filing 19
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 2/10/2023 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 18 NOTICE of Related Case(s) filed by Defendant Puff Corp.. Related Case(s): 2:22-cv-02008-GW-KS (Dailey, Colin) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT -- Puff Corp.'s Notice of Interested Parties and Corporate Disclosure Statement filed by Defendant Puff Corp. (Dailey, Colin) |
| Filing 16 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case -- Puff Corp.'s Notice of Motion and Motion to Dismiss the Complaint for Lack of Standing; Memorandum of Points and Authorities in Support Thereof #15 filed by Defendant Puff Corp.. (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, #10 Exhibit J)(Dailey, Colin) |
| Filing 15 NOTICE OF MOTION AND MOTION to Dismiss Case -- Puff Corp.'s Notice of Motion and Motion to Dismiss the Complaint for Lack of Standing; Memorandum of Points and Authorities in Support Thereof filed by Defendant Puff Corp.. Motion set for hearing on 1/6/2023 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration, #2 Proposed Order) (Attorney Colin D. Dailey added to party Puff Corp.(pty:dft)) (Dailey, Colin) |
| Filing 14 WAIVER OF SERVICE Returned Executed filed by plaintiff SHO Products, LLC. upon Puff Corp. waiver sent by Plaintiff on 9/22/2022, answer due 11/21/2022. Waiver of Service signed by Daniel A. Crowe, Attorney for Defendant Puff Corp.. (Masur, Joshua) |
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Filing 13
ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Brian J. Beck to Appear Pro Hac Vice on behalf of Plaintiff SHO Products, LLC, designating Joshua M. Masur as local counsel #12 . (gk)
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| Filing 12 APPLICATION of Non-Resident Attorney Brian J. Beck to Appear Pro Hac Vice on behalf of Plaintiff SHO Products, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34025239) filed by plaintiff SHO Products, LLC. (Attachments: #1 Declaration of Joshua M. Masur in Support of Application of Brian J. Beck to Appear Pro Hac Vice, #2 Proposed Order) (Masur, Joshua) |
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Filing 11
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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| Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Brian J. Beck. 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. (lh) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Puff Corp. (lh) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Maria A. Audero. (lh) |
| Filing 5 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 , Report on Filing of Patent/Trademark Action (Initial Notification)(AO 120) #4 , Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff SHO Products, LLC. (Masur, Joshua) |
| Filing 4 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by SHO Products, LLC. (Masur, Joshua) |
| Filing 3 Certification and Notice of Interested Parties filed by Plaintiff SHO Products, LLC, (Masur, Joshua) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff SHO Products, LLC. (Masur, Joshua) |
| Filing 1 COMPLAINT Receipt No: ACACDC-34007201 - Fee: $402, filed by Plaintiff SHO Products, LLC. (Attachments: #1 Exhibit A to Complaint, #2 Exhibit B to Complaint) (Attorney Joshua M. Masur added to party SHO Products, LLC(pty:pla))(Masur, Joshua) |
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| Plaintiff: SHO Products, LLC | |
| Represented By: | Joshua M. Masur |
| Represented By: | Amroh Faisal Idris |
| Represented By: | Brian J. Beck |
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| Defendant: Puff Corp. | |
| Represented By: | Colin D. Dailey |
| Represented By: | Daniel A. Crowe |
| Represented By: | David James Root |
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