AOP Ventures, Inc. v. Steam Distribution, LLC et al
| AOP Ventures, Inc. |
| Does 1-10, One Hit Wonder, Inc., Anthony Tellez, III, Havz LLC, Steam Distribution, LLC and Havz LLC a California limited liability company doing business as Steam Wholesale |
| Denise Madigan |
| 5:2015cv01586 |
| August 5, 2015 |
| US District Court for the Central District of California |
| Kenly Kiya Kato |
| William D Keller |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on September 19, 2019. A more recent docket listing may be available from PACER.
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| Filing 423 FINAL JUDGMENT UPON CONSENT WITH RESPECT TO DEFENDANTS STEAM DISTRIBUTION, LLC, ONE HIT WONDER, INC., AND HAVZ, LLC DBA STEAM WHOLESALE by Judge William D. Keller. Defendants are ordered, jointly and severally, to pay to AOP a final judgment in the amount of Sixteen Million Dollars ($16,000,000.00), which AOP acknowledges has been satisfied pursuant to the terms of the parties settlement agreement (the Settlement Agreement). the permanent injunction provided for herein, and any orders issued by the court in the related bankruptcy proceedings in Nevada (lead case assigned Case No. Bankr. D. Nev. 2:18-bk-11598). (See Judgment for further details) ( MD JS-6. Case Terminated ) (yl) |
| Filing 422 NOTICE OF LODGING filed Notice of Lodging and Request for Entry of Proposed Stipulated Judgment re Amended Complaint, #55 , Counterclaim #44 (Attachments: #1 Proposed Order Stipulated Judgment-ORDER)(Gatien, Konrad) |
| Filing 421 STATUS REPORT Joint Quarterly Status Report Re Bankruptcy Proceedings; and Stipulated Request for Dismissal filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 420 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 JUDGMENT) (shb) |
| Filing 419 STATUS REPORT Joint Quarterly Status Report Re Bankruptcy Proceedings filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 418 STATUS REPORT Joint Quarterly Status Report Re Bankruptcy Proceedings filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 417 STATUS REPORT - JOINT QUARTERLY STATUS REPORT RE BANKRUPTCY PROCEEDINGS filed by Plaintiff AOP Ventures, Inc.. (Graham, Matthew) |
| Filing 416 NOTICE OF LIEN filed by Plaintiff AOP Ventures, Inc.. (Cohen, Michael) |
Filing 415
TEXT ENTRY ORDER (IN CHAMBERS) by Judge William D. Keller: The Court accepts the Quarterly Status Report filed on 9/14/2018 and the dates suggested by counsel for future reports. SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
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| Filing 414 STATUS REPORT JOINT QUARTERLY STATUS REPORT RE BANKRUPTCY PROCEEDINGS filed by Plaintiff AOP Ventures, Inc.. (Graham, Matthew) |
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Filing 413
TEXT ENTRY ORDER (IN CHAMBERS) by Judge William D. Keller: On March 29, 2018, the parties were ordered to file joint quarterly reports as to the status of the bankruptcy proceeding. The report which was due September 1, 2018 has not been filed. Counsel are ordered to file the report no later than September 14, 2018. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
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| Filing 412 STATUS REPORT Joint Status Report Re Bankruptcy Proceedings filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit Joint Status Report-EXHIBIT A)(Gatien, Konrad) |
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Filing 411
TEXT ENTRY ORDER (IN CHAMBERS) by Judge William D. Keller: The Court has reviewed the briefs submitted by the parties. The Bench Trial is vacated, and the case stayed. The parties are ordered to file a joint quarterly report as to the status of the bankruptcy proceeding; the first report is due 7/1/2018. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
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| Filing 410 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document, #409 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - select - Other Filings - select - Miscellaneous (Other Documents ) - select - Brief. 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. (shb) |
| Filing 409 BRIEF filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc. In Response to Court's Order re: Minutes of In Chambers Order/Directive - no proceeding held, #407 (Wegner, Matthew) |
| Filing 408 BRIEF filed by Plaintiff AOP Ventures, Inc.. AOP's Brief re Defendants' Bankruptcy filings in Las Vegas, NV [DKT. No. 407] (Cohen, Michael) |
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Filing 407
MINUTE ORDER IN CHAMBERS by Judge William D. Keller: In light of the bankruptcy filing by defendants, the Court orders each party to file a brief regarding whether the "Exceptional Circumstances" phase of this case is properly stayed at this time. The briefs are to be filed by 5:00 p.m. on March 28, 2018. IT IS SO ORDERED. (cw)
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| Filing 406 NOTICE OF FILING BANKRUPTCY filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc.. as to Steam Distribution, LLC; One Hit Wonder, Inc.; Havz, LLC, Bankruptcy Court case number 18-11598; 18-11600; 18-11599. (Attachments: #1 Exhibit A - Face Pages of BK Filings)(Wegner, Matthew) |
| Filing 405 NOTICE OF FILING TRANSCRIPT filed for proceedings 1/11/18 re Transcript #404 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kielwasser, Anne) TEXT ONLY ENTRY |
| Filing 404 TRANSCRIPT for proceedings held on 1/11/18 at 1pm. Court Reporter/Electronic Court Recorder: anne kielwasser, phone number AKtranscripts.com. Tape Number: annekielwasser@aol.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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (Kielwasser, Anne) |
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Filing 403
TEXT ENTRY ORDER (IN CHAMBERS) by Judge William D. Keller: Counsel are ordered to file Trial Briefs, Witness Lists, Exhibit Lists, and Memoranda of Contentions of Fact and Law no later than March 27, 2018. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
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Filing 402
ORDER by Judge William D. Keller: The Court has reviewed the parties' Joint Statement Re Proposed Trial Dates #401 and APPROVES the proposed dates. The Bench Trial shall commence on April 10, 2018, at 9:00 AM; it is further ordered that the parties shall exchange witness lists and exhibit lists no later than March 27, 2018. *Counsel are reminded to comply with L.R. 5-4.4.2 in future filings. SO ORDERED. (cw)
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| Filing 401 STIPULATION for Court Trial on 04/10/2018 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Proposed Order SETTING BENCH TRIAL ON EXCEPTIONAL CIRCUMSTANCES)(Graham, Matthew) |
| Filing 400 MINUTES OF Motion Hearing held before Judge William D. Keller: For the reasons stated on the record, the Motion for Order to Modify AOP's Subpoenas as to Defendants' Attorneys #394 is denied. The Court defines the scope of the documents responsive to the subpoenas, and orders defendant to prepare a privilege log within 30 days. Plaintiff's request for a ruling on disputed documents is due 30 days thereafter. The Bench Trial set for 2/13/2018 is vacated. *See Order for details.* Court Reporter: Anne Kielwasser. (cw) |
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Filing 399
ORDER by Judge William D. Keller: The Stipulation for Order to Expedite Hearing on Defendants' Motion #396 is APPROVED. The hearing on Motion For Order to Modify AOP's Subpoenas to Defendants' Attorneys #394 is ADVANCED to 1/11/2018 at 1:00 PM before Judge William D. Keller. SO ORDERED. (cw)
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Filing 398
ORDER by Judge William D. Keller: The Court, having considered the parties' proposed dates for the bench trial on exceptional circumstances, and good cause having been shown therefor, orders that the bench trial shall commence on February 13, 2018 at 9:00 a.m. ( Bench Trial set for 2/13/2018 at 9:00 AM before Judge William D. Keller.) (cw)
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| Filing 397 SCHEDULING NOTICE RE: CONTINUANCE by Magistrate Judge Jay C. Gandhi: The Settlement Conference, presently scheduled for January 18, 2018 is now CONTINUED to February 1, 2018 at 10:00 a.m. Confidential settlement conference briefs shall now be due on or before January 25, 2018. All other provisions of the Court's December 14, 2017 Order Regarding Settlement Conference #392 shall remain.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY |
| Filing 396 STIPULATION for Order to Expedite Hearing on Defendants' Motion [Dkt. 394] to Modify AOP's Subpoenas filed by defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III. (Attachments: #1 Proposed Order)(Wegner, Matthew) |
| Filing 395 AOP'S OPPOSITION TO DEFENDANTS' OMNIBUS MOTION TO MODIFY AOP'S SUBPOENAS TO DEFENDANTS' ATTORNEYS Opposition re: NOTICE OF MOTION AND MOTION for Order for to Modify AOP's Subpoenas to Defendants' Attorneys #394 filed by Plaintiff AOP Ventures, Inc.. (Graham, Matthew) |
| Filing 394 NOTICE OF MOTION AND MOTION for Order for to Modify AOP's Subpoenas to Defendants' Attorneys filed by defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III. Motion set for hearing on 1/29/2018 at 10:00 AM before Judge William D. Keller. (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Proposed Order) (Wegner, Matthew) |
| Filing 393 STATEMENT JOINT STATEMENT RE PROPOSED DATES FOR BENCH TRIAL ON EXCEPTIONAL CIRCUMSTANCES filed by Plaintiff AOP Ventures, Inc. re: Order on Motion for Leave, #390 . (Attachments: #1 Proposed Order SETTING BENCH TRIAL ON EXCEPTIONAL CIRCUMSTANCES)(Graham, Matthew) |
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Filing 392
(IN CHAMBERS) ORDER REGARDING SETTLEMENT CONFERENCE by Magistrate Judge Jay C. Gandhi. The parties and their lead trial counsel shall appear for a settlement conference on January 18, 2018 at 10:00 a.m., in Courtroom 6A of the Ronald Reagan Federal Building and U.S. Courthouse, 411 West Fourth Street, 6th Floor, Santa Ana, California 92701. The parties and their lead trial counsel shall keep their schedule clear for the remaining part of the day. No party or counsel shall be excused absent leave from the Judge or until the settlement conference is adjourned. On or before January 11, 2018, each party shall submit a confidential mediation statement (or email) directly to the chambers of the Court at judge_gandhi_mediation@cacd.uscourts.gov. The Statements should not be filed with the Clerk of the Court, and they will not be made part of the case file. (kh)
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| Filing 391 NOTICE of Change of address by Michael L Cohen attorney for Plaintiff AOP Ventures, Inc.. Changing attorneys address to 2300 Westwood Boulevard, Suite 200, Los Angeles, CA 90064. Filed by Plaintiff AOP Ventures, Inc.. (Cohen, Michael) |
| Filing 390 MINUTES (IN CHAMBERS) by Judge William D. Keller: DENYING #382 REQUEST FOR DISCOVERY. The defense request for discovery is DENIED.2 In addition, the plaintiffs request for the imposition of sanctions and award of attorneys fees in DENIED. The parties are to provide the Court with proposed trial dates in the months of January and February within two weeks of the date of this order. (shb) |
| Filing 389 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Order #387 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - select - Other Filings - select - Notices - select - Notice of Lodging and Attach the Proposed Order. 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. (shb) |
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Filing 388
ORDER by Judge William D. Keller: GRANTING #385 REQUEST FOR LEAVE TO FILE RESPONSE IN SUPPORT OF AOP'S OBJECTIONS TO DEFENDANTS' PROPOSED POST-JURY TRIAL DISCOVERY. IT IS ORDERED that AOP is permitted to file its response in support of its objections to Defendants proposed discovery. With this Order, Exhibit 1 to AOPs Request (Docket No. 385) is hereby deemed filed. (shb)
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| Filing 387 PROPOSED ORDER (erroneously filed as REQUEST for Order) GRANTING AOP'S REQUEST FOR LEAVE TO FILE ITS RESPONSE IN SUPPORT OF ITS OBJECTIONS TO DEFENDANTS' PROPOSED POST-JURY TRIAL DISCOVERY re Dkt. No 385 filed by Plaintiff AOP Ventures, Inc.. (Graham, Matthew) Modified on 12/7/2017 (cw). |
| Filing 386 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Leave to FILE RESPONSE IN SUPPORT OF AOP'S OBJECTIONS TO DEFENDANTS' PROPOSED POST-JURY TRIAL DISCOVERY #385 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (shb) |
| Filing 385 REQUEST for Leave to FILE RESPONSE IN SUPPORT OF AOP'S OBJECTIONS TO DEFENDANTS' PROPOSED POST-JURY TRIAL DISCOVERY filed by Plaintiff AOP Ventures, Inc.. (Graham, Matthew) |
| Filing 384 RESPONSE IN SUPPORT of REQUEST to for Discovery per Court's November 15, 2017 Order #382 / Defendants' Response to AOP's #383 Objections filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III. (Wegner, Matthew) |
| Filing 383 OBJECTIONS to REQUEST to for Discovery per Court's November 15, 2017 Order #382 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Proposed Order DENYING IN PART DEFENDANTS PROPOSED DISCOVERY REQUEST, AND [GRANTING / DENYING] SANCTIONS AGAINST DEFENDANTS)(Graham, Matthew) |
| Filing 382 REQUEST to for Discovery per Court's November 15, 2017 Order filed by defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III. (Attachments: #1 Proposed Order) (Wegner, Matthew) |
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Filing 381
ORDER by Judge William D. Keller: Plaintiff's Request for Discovery #380 is GRANTED. *See Order for details.* (cw)
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| Filing 380 REQUEST for Discovery regarding AOP'S REQUEST FOR DISCOVERY, PER COURT'S NOVEMBER 15, 2017, ORDER filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Proposed Order GRANTING AOP'S REQUEST FOR DISCOVERY, PER COURT'S NOVEMBER 15, 2017, ORDER)(Graham, Matthew) |
| Filing 378 MINUTES (IN CHAMBERS) by Judge William D. Keller: GRANTING #353 Defendant Anthony Tellez, III MOTION for Judgment as a Matter of Law. (shb) |
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Filing 377
MINUTE ORDER (IN CHAMBERS) by Judge William D. Keller: In light of the verdict reached by the jury on November 14, 2017, Plaintiff's Motion for Judgment as a Matter of Law #361 is DENIED as MOOT. IT IS SO ORDERED. (cw)
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Filing 376
MINUTE ORDER (IN CHAMBERS) by Judge William D. Keller: For the reasons stated during the evidentiary hearing held November 15, 2017, Plaintiff's Motion in Limine to Preclude Arguments and Evidence Regarding Advice of Counsel #366 is DENIED. Defendants' Motion for Judgment as a Matter of Law Under F.R.C.P. 50(a) #354 is also DENIED. IT IS SO ORDERED. (cw)
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| Filing 375 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on JOINT exhibits list are returned to counsel for respective party(ies) Except the following exhibits: The Court retains the bench copies of all exhibits as to the Jury Trial;. (shb) |
| Filing 374 MINUTES OF Evidentiary Hearing before Judge William D. Keller. Hearing held, and testimony given by witness Glen Nuttall. The Court orders the Bench Trial rescheduled; the parties shall provide the Court with proposed dates (within the timeframe of late January or February 2018). *See Order for details.* Court Reporter: Anne Kielwasser (a.m.) / Katie Thibodeaux (p.m.). (cw) |
| Filing 368 BRIEF filed by Plaintiff AOP Ventures, Inc.. AOP's Brief re the Standard For Asserting Advice of Counsel as a Defense to Trademark Infrigement and The Scope of Attorney-Client Privilege Waiver regarding Brief (non-motion non-appeal), #367 . (Cohen, Michael) |
| Filing 367 BRIEF filed by defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III. RE: THE LIMITED SCOPE OF THEIR WAIVER OF ATTORNEY CLIENT PRIVILEGE AS IT RELATES TO THEIR ASSERTION THAT THEY RELIED ON ADVICE OF COUNSEL (Wegner, Matthew) |
| Filing 366 NOTICE OF MOTION AND MOTION IN LIMINE to Preclude Motin in Limine to Preclude Arguments and Evidence Regarding Advice of Counsel filed by Plaintiff AOP Ventures, Inc.. Motion set for hearing on 11/15/2017 at 09:00 AM before Judge William D. Keller. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Proposed Order)(Cohen, Michael) |
| Filing 379 AMENDED MINUTES OF Jury Trial - 5th Day held before Judge William D. Keller: held before Judge William D. Keller: Closing arguments made by plaintiffs and defendants. Court instructs jury. Jury verdict in favor of plaintiffs. Filed Witness and Exhibit Lists. Clerk reviewed admitted exhibits with counsel to be submitted to the Jury/Court for deliberation/findings. Other: Discussions regarding 2nd phase of trial. Court Reporter: Anne Kielwasser (a.m.) / Katie Thibodeaux (p.m.). re: Jury Trial #369 . (bm) |
| Filing 373 LIST OF EXHIBITS AND WITNESSES at trial. (cw) |
| Filing 372 JURY VERDICT - UNREDACTED - in favor of Plaintiff and against Defendants. (cw) |
| Filing 371 JURY INSTRUCTIONS (Given) by Judge William D. Keller. (cw) |
| Filing 370 JURY VERDICT - REDACTED - in favor of Plaintiff and against Defendants. (cw) |
| Filing 369 MINUTES OF Jury Trial - 5th Day held before Judge William D. Keller: Closing arguments made by plaintiffs and defendants. Court instructs jury. Jury verdict in favor of plaintiffs. Filed Witness and Exhibit Lists. Clerk reviewed admitted exhibits with counsel to be submitted to the Jury/Court for deliberation/findings. Case continued to Wednesday, November 15, 2017 at 11:30 a.m. for Bench Trial. Other: Discussions regarding 2nd phase of trial. Court Reporter: Anne Kielwasser (a.m.) / Katie Thibodeaux (p.m.). (shb) |
| Filing 364 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #361 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Proposed Document was not submitted as separate attachment. Incorrect event selected. Correct event to be used is: Civil Events - select - Motions and Related Documents - select - Applications, Ex Parte Applications, Motions, Petitions, Requests - select Motion - select - Judgment as a Matter of Law. 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. (shb) |
| Filing 365 MINUTES OF Jury Trial - 4th Day held before Judge William D. Keller: Witnesses called, sworn and testified. Exhibits identified and admitted. Defendant rest. Jury Trial continued to ovember 14, 2017 at 9:00 AM. Court Reporter: Katie Thibodeaux. (shb) |
| Filing 363 PROPOSED JURY VERDICT filed by Plaintiff AOP Ventures, Inc.. (Cohen, Michael) |
| Filing 361 MOTION for Judgment as a Matter of Law (erroneously filed as: NOTICE filed by Plaintiff AOP Ventures, Inc.. AOP's Motion for Judgment as a Matter of Law) filed by Plaintiff (Cohen, Michael) Modified on 11/16/2017 (cw). |
| Filing 360 Opposition In Opposition to re: NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Re: Proxy Damages Theory, pursuant to FRCP 50(a) #354 AOP's Opposition to Defendants' Motion for Judgment as a Matter of Law filed by Plaintiff AOP Ventures, Inc.. (Cohen, Michael) |
| Filing 359 Opposition In Opposition to re: NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: FRCP 50(a) #353 AOP's Opposition to Defendant Anthony Tellez III's Motion for Judgment as a Matter of aw F.R.C.P. 50(a) filed by Plaintiff AOP Ventures, Inc.. (Cohen, Michael) |
| Filing 358 PROPOSED SPECIAL JURY VERDICT filed by defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III. (Brown, William) |
| Filing 357 BRIEF filed by Plaintiff AOP Ventures, Inc.. RE THE COURT'S USE OF SPECIAL VERDICT FORMS (Graham, Matthew) |
| Filing 362 MINUTES OF Jury Trial - 3rd Day held before Judge William D. Keller: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to Monday, November 13, 2017 at 1:00 p.m. Court Reporter: Anne Kielwasser. (shb) |
| Filing 355 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #351 , NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: FRCP 50(a) #353 , NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Re: Proxy Damages Theory, pursuant to FRCP 50(a) #354 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - select - Other Filings - select - Notice - select - Notice of Lodging and attach the document. Incorrect event selected. Correct event to be used is: Civil Events - select - Motions and Other Motion Related Documents - select - Motion - select - Judgment as a Matter of Law - attach the motion and proposed order. Hearing information is missing, incorrect, or not timely. Proposed Document was not submitted as separate attachment. 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. (shb) |
| Filing 356 MINUTES OF Jury Trial - 2nd Day held before Judge William D. Keller: Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiffs rest. Jury Trial set for 11/9/2017 09:00 AM before Judge William D. Keller. Court Reporter: Katie Thibodeaux (a.m.) / Anne Kielwasser (p.m.). (shb) |
| Filing 354 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Re: Proxy Damages Theory, pursuant to FRCP 50(a) filed by defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III. (Li, Yuanjun) |
| Filing 353 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: FRCP 50(a) filed by defendant Anthony Tellez, III. (Li, Yuanjun) |
| Filing 352 MINUTES OF Jury Trial - 1st Day held before Judge William D. Keller: Jury empanelled and sworn. Opening statements made. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 11/8/2017 at 8:45 AM before Judge William D. Keller. Court Reporter: Katie Thibodeaux (a.m.) / Anne Kielwasser (p.m.). (cw) |
| Filing 351 NOTICE AOP's Notice of Lodging Deposition Transcripts filed by Plaintiff AOP Ventures, Inc.. (Cohen, Michael) |
| Filing 350 OBJECTIONS &/OR ADDITIONS BY DEFENDANTS TO PLAINTIFF'S PROPOSED TIMELINE (FOR PLAINTIFF'S OPENING STATEMENT) filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Wegner, Matthew) |
| Filing 349 MINUTES OF Final Pretrial Conference held before Judge William D. Keller. The Court and counsel confer regarding the trial and related issues. *See Order for details.* Court Reporter: Anne Kielwasser. (cw) |
| Filing 348 OBJECTIONS AOP's Objections to Defendants' Proposed Graphics filed by Plaintiff AOP Ventures, Inc.. (Graham, Matthew) |
| Filing 347 OBJECTIONS to Objection, #343 AOP's Objections to Defendants' Proposed Jury Verdict Form filed by Plaintiff AOP Ventures, Inc.. (Graham, Matthew) |
| Filing 346 RESPONSE filed by Plaintiff AOP Ventures, Inc.to Objection, #343 to AOP's Proposed Jury Verdict Form (Graham, Matthew) |
| Filing 345 Witness List filed by Plaintiff AOP Ventures, Inc... (Graham, Matthew) |
| Filing 344 JOINT AMENDED Exhibit List filed by defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III.. (Wegner, Matthew) |
| Filing 343 OBJECTIONS to Jury Verdict (Proposed) #341 and Defendants' Proposed Verdict Form filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Objections to AOP's proposed verdict form, #2 Defendants' proposed verdict form)(Li, Yuanjun) |
| Filing 342 OBJECTIONS to Jury Instructions (Proposed) #338 , Jury Instructions (Proposed) #339 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Objections to AOP's Proposed Jury Instructions)(Li, Yuanjun) |
| Filing 341 PROPOSED JURY VERDICT filed by Plaintiff AOP Ventures, Inc.. (Cohen, Michael) |
| Filing 340 OBJECTIONS to Jury Instructions (Proposed) #338 AOP's Objections to Defendants' Proposed Jury Instructions filed by Plaintiff AOP Ventures, Inc.. (Cohen, Michael) |
| Filing 339 PROPOSED JURY INSTRUCTIONS (clean set) filed by Plaintiff AOP Ventures, Inc... (Attachments: #1 AOP's Proposed Jury Instructions)(Cohen, Michael) |
| Filing 338 PROPOSED JURY INSTRUCTIONS (Annotated set) filed by defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III.. (Attachments: #1 Proposed Jury Instructions with Index)(Li, Yuanjun) |
| Filing 337 STATEMENT Revised Joint Statement of the Case filed by Plaintiff AOP Ventures, Inc. (Cohen, Michael) |
| Filing 336 Proposed Voir Dire Questions filed by Plaintiff AOP Ventures, Inc... (Cohen, Michael) |
| Filing 335 Proposed Voir Dire Questions filed by defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III.. (Wegner, Matthew) |
| Filing 334 NOTICE OF ERRATA filed by Plaintiff AOP Ventures, Inc.. correcting Notice of Lodging, #333 re. AOPS [PROPOSED] FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDING THIS ACTION TO BE EXCEPTIONAL UNDER THE LANHAM ACT (Graham, Matthew) |
| Filing 333 NOTICE OF LODGING filed with AOP's [PROPOSED] FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FINDING THIS ACTION TO BE EXCEPTIONAL UNDER THE LANHAM ACT re Notice (Other), #324 (Attachments: #1 [PROPOSED] FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FINDING THIS ACTION TO BE EXCEPTIONAL UNDER THE LANHAM ACT)(Graham, Matthew) |
| Filing 332 NOTICE OF LODGING filed of [Proposed] Findings of Fact and Conclusions of Law Re: Exceptional Case and Enhanced Damages re Order on Motion for Writ,,,,,,,,,,,,,,,, Motion Hearing,,, #309 (Attachments: #1 [Proposed] Findings of Fact and Conclusions of Law Re: Exceptional Case and Enhanced Damages)(Li, Yuanjun) |
| Filing 331 EXCEPTIONAL CASE HEARING BRIEF filed by Plaintiff AOP Ventures, Inc.. IN OPPOSITION TO DEFENDANTS BRIEF REGARDING EXCEPTIONAL CIRCUMSTANCES (DOC. 322) (Attachments: #1 Declaration DECLARATION OF KONRAD GATIEN IN SUPPORT OF AOPS OPPOSITION TO DEFENDANTS BRIEF REGARDING EXCEPTIONAL CIRCUMSTANCES (DOC. 322))(Graham, Matthew) |
| Filing 330 TRIAL BRIEF in Opposition to Plaintiff's Brief Regarding Exceptional Circumstances filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III.. (Attachments: #1 Letter Request for Judicial Notice, #2 Exhibit Ex. A, #3 Exhibit Ex. B)(Nuttall, Glen) |
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Filing 329
ORDER by Judge William D. Keller: The Court has received three Request(s) to Substitute Attorney #325 , #326 and #327 . The requests do not indicate a substitution or a withdrawal, and are DENIED AS MOOT. In the future, to advise the Court of a change in address, counsel are instructed to use the following CM/ECF event: "Civil > Miscellaneous > Attorney/Party Information Update Request." The Clerk is ordered to update the docket. SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
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| Filing 327 REQUEST TO SUBSTITUTE ATTORNEY Barak J. Kamelgard of Davis Wright & Tremaine LLP in place of attorney Barak J. Kamelgard of Stubbs Alderton & Markiles, LLP filed by plaintiff and counter-defendant AOP Ventures, Inc.. (Attachments: #1 Proposed Order Substitution of Attorney (Kamelgard)-ORDER) (Attorney Barak Kamelgard added to party AOP Ventures, Inc.(pty:cd)) (Kamelgard, Barak) |
| Filing 326 REQUEST TO SUBSTITUTE ATTORNEY Anthony M. Keats of Keats Gatien, LLP in place of attorney Anthony M. Keats of Stubbs Alderton & Markiles, LLP filed by plaintiff and counter-defendant AOP Ventures, Inc.. (Attachments: #1 Proposed Order Substitution of Attorney (Keats)-ORDER) (Keats, Anthony) |
| Filing 325 REQUEST TO SUBSTITUTE ATTORNEY Konrad K. Gatien of Keats Gatien, LLP in place of attorney Konrad K. Gatien of Stubbs Alderton & Markiles, LLP filed by plaintiff and counter-defendant AOP Ventures, Inc.. (Attachments: #1 Proposed Order Substitution of Attorney (Gatien)-ORDER) (Gatien, Konrad) |
| Filing 324 NOTICE RE DEFENDANTS' CORRECTED TRIAL BRIEF filed by defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III. (Attachments: #1 Defendants' Corrected Trial Brief, #2 Anson Deposition Excerpts)(Wegner, Matthew) |
| Filing 323 EXCEPTIONAL CASE HEARING BRIEF filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Declaration DECLARATION OF KONRAD GATIEN IN SUPPORT OF AOPS BRIEF IN SUPPORT OF FINDING THIS ACTION TO BE EXCEPTIONAL UNDER THE LANHAM ACT, #2 Exhibit DECLARATION OF KONRAD GATIEN EXHIBITS 1-6, #3 Exhibit DECLARATION OF KONRAD GATIEN EXHIBITS 7-17, #4 Exhibit DECLARATION OF KONRAD GATIEN EXHIBITS 18-25, #5 Exhibit DECLARATION OF KONRAD GATIEN EXHIBITS 26-34, #6 Exhibit DECLARATION OF KONRAD GATIEN EXHIBITS 35-37)(Graham, Matthew) |
| Filing 322 TRIAL BRIEF REGARDING EXCEPTIONAL CIRCUMSTANCES filed by defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III.. (Wegner, Matthew) |
| Filing 321 TRIAL BRIEF filed by defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III.. (Attachments: #1 Anson Depo excerpts)(Wegner, Matthew) |
| Filing 320 TRIAL BRIEF AOP Ventures' Trial Brief for the Jury Trial on Damages AOP Ventures, Inc... (Cohen, Michael) |
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Filing 319
ORDER by Judge William D. Keller: The Stipulation to Continue Jury Trial and Exceptional Case Briefs #318 is GRANTED. *Counsel are reminded to comply with Local Rule 5-4.4.2 in future filings.* (cw)
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| Filing 318 STIPULATION for Extension of Time to File JURY TRIAL AND EXCEPTIONAL CASE BRIEFS BY ONE COURT DAY, UNTIL OCTOBER 11, 2017 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Proposed Order GRANTING JOINT STIPULATION TO CONTINUE JURY TRIAL AND EXCEPTIONAL CASE BRIEFS BY ONE COURT DAY, UNTIL OCTOBER 11, 2017)(Graham, Matthew) |
| Filing 317 NOTICE OF FILING TRANSCRIPT filed for proceedings 5/10/17 AM PM Sessions; 5/11/17 11:05 A.M. re Transcript #315 , #316 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gackle, Deborah) TEXT ONLY ENTRY |
| Filing 316 TRANSCRIPT for proceedings held on 5/11/17 11:05 a.m. Court Reporter: Deborah K. Gackle, phone number (213) 894-8913 deborahgackle.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through deborahgackle.com or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/23/2017. Redacted Transcript Deadline set for 10/31/2017. Release of Transcript Restriction set for 12/29/2017. (Gackle, Deborah) |
| Filing 315 TRANSCRIPT for proceedings held on 5/10/17 AM PM Sessions. Court Reporter/Electronic Court Recorder: Deborah K. Gackle, phone number (213) 894-8913 deborahgackle.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 10/23/2017. Redacted Transcript Deadline set for 10/31/2017. Release of Transcript Restriction set for 12/29/2017. (Gackle, Deborah) |
| Filing 314 TRANSCRIPT ORDER as to Plaintiff AOP Ventures, Inc. for Court Reporter. Court will contact Matthew Graham at matt@keatsgatien.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Graham, Matthew) |
| Filing 313 NOTICE OF FILING TRANSCRIPT filed for proceedings 09/11/17 - 2:00 p.m re Transcript #312 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gonzalez, Lisa) TEXT ONLY ENTRY |
| Filing 312 TRANSCRIPT for proceedings held on 09/11/17 - 2:00 p.m. Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez, phone number 213-894-2979; csrlisag@aol.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 10/13/2017. Redacted Transcript Deadline set for 10/23/2017. Release of Transcript Restriction set for 12/21/2017. (Gonzalez, Lisa) |
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Filing 311
MINUTE ORDER IN CHAMBERS by Judge William D. Keller: The Court has reconsidered the issue of the commencement of the exceptional circumstances case and it will commence after the completion of jury instructions. However, the Court will not render its decision until such time as the jury has finalized its verdict. If either party wishes to differ with this approach, it shall do so within five days of this order and shall identify the basis or bases for theirobjection. (shb)
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Filing 310
MINUTE ORDER IN CHAMBERS by Judge William D. Keller: The Court has reconsidered the issue of the commencement of the "exceptional circumstances" case and it will commence after the completion of jury instructions. However, the Court will not render its decision until such time as the jury has finalized its verdict. If either party wishes to differ with this approach, it shall do so within five days of this order and shall identify the basis or bases for their objection. (cw)
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| Filing 309 MINUTES OF Hearing on Applications for Right-to-Attach Orders, or in the Alternative, an Injunction #289 #290 #291 #292 held before Judge William D. Keller: For the reasons stated on the record, the Court denies the applications for attachment, the alternative requests for injunction, and the requests for attorneys' fees. The Court and counsel then confer regarding the jury and bench trials, exhibits, witnesses, revisions to the statement of the case, jury instructions, trial briefs, voir dire and peremptory challenges. *See Order for deadlines and further details.* The Pretrial Conference remains set on November 6, 2017 at 2:00 p.m. The Jury Trial shall commence November 7, 2017 at 9:00 a.m. The Bench Trial shall begin when the jury starts deliberating. (See separate In Chambers Minute Order dated September 12, 2017.) IT IS SO ORDERED. Court Reporter: Lisa Gonzalez. (cw) |
| Filing 308 REPLY in support of APPLICATION for Writ of Attachment against Steam Distribution, LLC #289 , APPLICATION for Writ of Attachment against Anthony Tellez III #292 , APPLICATION for Writ of Attachment against One Hit Wonder, Inc. #290 , APPLICATION for Writ of Attachment against HAVZ, LLC dba Steam Wholesale #291 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Declaration of Konrad Gatien in support of AOP's Reply in support of Application for Right to Attach Order and Order for Writ of Attachment)(Attorney Matthew Errett Graham added to party AOP Ventures, Inc.(pty:pla))(Graham, Matthew) |
| Filing 307 TEXT ONLY NOTICE (IN CHAMBERS) by Judge William D. Keller: The hearing on the applications [#298] set for September 11, 2017 is moved from 1:00 pm to 2:00 p.m.In addition, the plaintiff's Reply brief is due by 9:00 a.m. on September 5, 2017. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lk) TEXT ONLY ENTRY |
| Filing 306 OPPOSITION to APPLICATION for Writ of Attachment against Steam Distribution, LLC #289 , APPLICATION for Writ of Attachment against Anthony Tellez III #292 , APPLICATION for Writ of Attachment against One Hit Wonder, Inc. #290 , APPLICATION for Writ of Attachment against HAVZ, LLC dba Steam Wholesale #291 EXHIBITS H and I of Declaration of William Hackett in support of Defendants' Opposition to Motion for Writ of Attachment filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Certificate of Service)(Wegner, Matthew) |
| Filing 305 OBJECTIONS to declarations in support of plaintiff's Application re: APPLICATION for Writ of Attachment against Steam Distribution, LLC #289 , APPLICATION for Writ of Attachment against Anthony Tellez III #292 , APPLICATION for Writ of Attachment against One Hit Wonder, Inc. #290 , APPLICATION for Writ of Attachment against HAVZ, LLC dba Steam Wholesale #291 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Wegner, Matthew) |
| Filing 304 OPPOSITION to APPLICATION for Writ of Attachment against Steam Distribution, LLC #289 , APPLICATION for Writ of Attachment against HAVZ, LLC dba Steam Wholesale #291 , APPLICATION for Writ of Attachment against Anthony Tellez III #292 , APPLICATION for Writ of Attachment against One Hit Wonder, Inc. #290 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Declaration of Patty Chan with Exhibits A --F, #2 Declaration of William Hackett with Exhibit G pages 1--20, #3 Exhibit G pages 21--40 to William Hacket declaration, #4 Exhibit Exhibit G pages 41--50 to William Hackett declaration, #5 Exhibit G pages 51 through Exhibit I, #6 Declaration of Niko Voudouris with Exhibit J, #7 Declaration of Robb Hackett with Exhibit K, #8 Declaration of Matthew K. Wegner with Exhibits L--N)(Wegner, Matthew) |
| Filing 303 OPPOSITION to APPLICATION for Writ of Attachment against Anthony Tellez III #292 /Notice of Opposition to Application for Right to Attach Order, Claim of Exemption, and Motion for Claim of Exemption filed by Counter Claimant Anthony Tellez, III, Defendant Anthony Tellez, III. (Wegner, Matthew) |
| Filing 302 OPPOSITION to APPLICATION for Writ of Attachment against HAVZ, LLC dba Steam Wholesale #291 /Notice of Opposition to Application for Right to Attach Order, Claim of Exemption, and Motion for Claim of Exemption filed by Defendant Havz LLC. (Wegner, Matthew) |
| Filing 301 OPPOSITION to APPLICATION for Writ of Attachment against One Hit Wonder, Inc. #290 /Notice of Opposition to Application for Right to Attach Order, Claim of Exemption, and Motion for Claim of Exemption filed by Defendant One Hit Wonder, Inc., Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc.. (Wegner, Matthew) |
| Filing 300 OPPOSITION to APPLICATION for Writ of Attachment against Steam Distribution, LLC #289 /Notice of Opposition to Application for Right to Attach Order, Claim of Exemption, and Motion for Claim of Exemption filed by Defendant Steam Distribution, LLC. (Wegner, Matthew) |
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Filing 299
ORDER by Judge William D. Keller: The lead trial attorneys for the parties are required to be present for the hearing on plaintiffs' Applications for Right-To-Attach Order and Order For Writ of Attachment (Doc. Nos. #289 , #290 , #291 , #292 ) set for Monday, September 11, 2017 at 1:00 p.m. before Judge William D. Keller. SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
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Filing 298
MINUTE ORDER IN CHAMBERS by Judge William D. Keller: The Court is in receipt of the plaintiffs Applications for Right-To-Attach Order and Order ForWrit of Attachment. [Doc. Nos. 289, 290, 291, 292.] The defendants opposition is due August 28, 2017 and the plaintiffs reply is due September 5, 2017. There is to be no additional briefing without further order of the Court. The hearing on the applications is set for Monday, September 11, 2017 at 1:00 p.m. at 350 W. 1st Street, Courtroom 5C, Los Angeles, CA 90012. (shb)
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| Filing 297 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for Writ of Attachment against Steam Distribution, LLC #289 , APPLICATION for Writ of Attachment against Anthony Tellez III #292 , APPLICATION for Writ of Attachment against One Hit Wonder, Inc. #290 , APPLICATION for Writ of Attachment against HAVZ, LLC dba Steam Wholesale #291 . The following error(s) was/were found: The main document in all of the Applications for Writ of Attachment were not flattened when docketed and can be manipulated. Other error(s) with document(s): The documents will be stricken and counsel will have two days to file them correctly.. 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. (shb) |
| Filing 296 DECLARATION of Konrad Gatien In Support Of APPLICATION for Writ of Attachment against Steam Distribution, LLC #289 , APPLICATION for Writ of Attachment against Anthony Tellez III #292 , APPLICATION for Writ of Attachment against One Hit Wonder, Inc. #290 , APPLICATION for Writ of Attachment against HAVZ, LLC dba Steam Wholesale #291 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit 5, #2 Exhibit 6)(Kamelgard, Barak) |
| Filing 295 DECLARATION of Mike Zhang In Support Of APPLICATION for Writ of Attachment against Steam Distribution, LLC #289 , APPLICATION for Writ of Attachment against Anthony Tellez III #292 , APPLICATION for Writ of Attachment against One Hit Wonder, Inc. #290 , APPLICATION for Writ of Attachment against HAVZ, LLC dba Steam Wholesale #291 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit 3, #2 Exhibit 4)(Kamelgard, Barak) |
| Filing 294 DECLARATION of Barak J. Kamelgard In Support Of APPLICATION for Writ of Attachment against Steam Distribution, LLC #289 , APPLICATION for Writ of Attachment against Anthony Tellez III #292 , APPLICATION for Writ of Attachment against One Hit Wonder, Inc. #290 , APPLICATION for Writ of Attachment against HAVZ, LLC dba Steam Wholesale #291 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kamelgard, Barak) |
| Filing 293 MEMORANDUM in Support of APPLICATION for Writ of Attachment against Steam Distribution, LLC #289 , APPLICATION for Writ of Attachment against Anthony Tellez III #292 , APPLICATION for Writ of Attachment against One Hit Wonder, Inc. #290 , APPLICATION for Writ of Attachment against HAVZ, LLC dba Steam Wholesale #291 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Proposed Order)(Kamelgard, Barak) |
| Filing 292 APPLICATION for Writ of Attachment against Anthony Tellez III filed by Plaintiff AOP Ventures, Inc.. Application set for hearing on 9/11/2017 at 10:00 AM before Judge William D. Keller. (Attachments: #1 Writ of Attachment, #2 Right to Attach Order) (Kamelgard, Barak) |
| Filing 291 APPLICATION for Writ of Attachment against HAVZ, LLC dba Steam Wholesale filed by Plaintiff AOP Ventures, Inc.. Application set for hearing on 9/11/2017 at 10:00 AM before Judge William D. Keller. (Attachments: #1 Writ of Attachment, #2 Right to Attach Order) (Kamelgard, Barak) |
| Filing 290 APPLICATION for Writ of Attachment against One Hit Wonder, Inc. filed by Plaintiff AOP Ventures, Inc.. Application set for hearing on 9/11/2017 at 10:00 AM before Judge William D. Keller. (Attachments: #1 Writ of Attachment, #2 Right to Attach Order) (Kamelgard, Barak) |
| Filing 289 APPLICATION for Writ of Attachment against Steam Distribution, LLC filed by Plaintiff AOP Ventures, Inc.. Application set for hearing on 9/11/2017 at 10:00 AM before Judge William D. Keller. (Attachments: #1 Writ of Attachment, #2 Right to Attach Order) (Kamelgard, Barak) |
| Filing 288 Notice of Appearance or Withdrawal of Counsel: for attorney Michael L Cohen counsel for Plaintiff AOP Ventures, Inc.. James Morris is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff AOP Ventures, Inc.. (Cohen, Michael) |
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Filing 287
MINUTE ORDER IN CHAMBERS by Judge William D. Keller: The trial date is set for Tuesday, November 7 at 9:00 a.m., with a final pretrial conference on Monday, November 6 at 2:00 p.m. at 350 W. 1st Street, Courtroom 5C, Los Angeles, CA 90012. The exceptional case and enhanced damages hearing will be conducted following the jury verdict. (shb)
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| Filing 286 STATEMENT Re: Plaintiff's Further Selection of Trial Dates filed by Plaintiff AOP Ventures, Inc. re: Minutes of In Chambers Order/Directive - no proceeding held,, #284 . (Gatien, Konrad) |
| Filing 285 STATEMENT Further Statement Regarding Trial Dates filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III re: Minutes of In Chambers Order/Directive - no proceeding held,, #284 . (Wegner, Matthew) |
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Filing 284
MINUTE ORDER IN CHAMBERS by Judge William D. Keller: The Court is in receipt of the parties statements regarding trial dates. [Doc. Nos. 281, 282.] The Court is prepared to commence the trial on one of two dates: Tuesday, November 7 at 9:00 a.m., with a Final Pretrial Conference on Monday, November 6 at 1:00 p.m., or Tuesday, November 28 at 9:00 a.m., with a Final Pretrial Conference on Monday, November 27 at 1:00 p.m. The parties are to inform the Court of their selection within ten days. (shb)
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| Filing 283 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Statement, #281 . The following error(s) was found: Case number is incorrect or missing. Incorrect event selected. Proposed Document was not submitted as separate attachment. The correct event is: Civil Events - select - Motions and Related Filings - select Applications/Ex Parte Applications/Motions/Petitions/Requests - select Request - select - Order, attach document and proposed order.: The correct case number is 5:15-cv-01586-VAP (KKx). In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (shb) |
| Filing 282 STATEMENT Re: Plaintiff AOP Ventures, Inc.'s Selection of Trial Dates filed by Plaintiff AOP Ventures, Inc. re: Minutes of In Chambers Order/Directive - no proceeding held, #280 . (Gatien, Konrad) |
| Filing 281 STATEMENT Defendants' Statement and Request Regarding Trial Dates filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III re: Minutes of In Chambers Order/Directive - no proceeding held, #280 . (Attachments: #1 Exhibit A)(Wegner, Matthew) |
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Filing 280
MINUTE ORDER IN CHAMBERS by Judge William D. Keller: The Court DENIES the defendants request to present evidence regarding reasonable royalty rates.Having finalized the motions; the case is ready for trial. The Court is prepared to commence the trial on one of three dates: July 11, July 18 or July 25. The parties are to inform the Court of their selection within one week. (shb)
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| Filing 279 NOTICE OF ERRATA filed by Plaintiff AOP Ventures, Inc.. correcting Response #278 re: Reasonable Royalty (Kamelgard, Barak) |
| Filing 278 RESPONSE filed by Plaintiff AOP Ventures, Inc.to Brief (non-motion non-appeal), #277 re: Reasonable Royalty (Kamelgard, Barak) |
| Filing 277 BRIEF filed by defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III. RE: Reasonable Royalty regarding Order on Motion in Limine to Exclude,,,,,,,,,,,, Order on Motion to Exclude,,,,,,,,,,,, Motion Hearing,,, #273 . (Attachments: #1 Declaration of Lily Y. Li in support, with Exhibits A and B)(Li, Yuanjun) |
| Filing 276 JOINT REPORT of & STIPULATION RE: Deduction for Defendants' Operating Expenses filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Wegner, Matthew) |
| Filing 275 TRANSCRIPT ORDER as to Plaintiff AOP Ventures, Inc. for Court Reporter. Court will contact Konrad Gatien at kg@keatsgatien.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Gatien, Konrad) |
| Filing 273 MINUTES OF Motion Hearing held before Judge William D. Keller: granting in part and denying in part #198 Motion in Limine to Exclude; granting #201 Motion in Limine to Exclude; denying #203 Motion in Limine to Exclude; granting in part and denying in part #204 MOTION to Exclude; granting in part and denying in part #206 MOTION to Exclude; granting in part and denying in part #207 MOTION to Exclude; The Court orders the following briefing schedule regarding the issue of royalty rates: Defendants brief is due by May 19, 2017. Plaintiffs response is due by May 26, 2017. The briefs are not to exceed 15 pages. There is to be no further briefing without an order from the Court. The Court mandates the parties to meet in person with Ms. Chen regarding the operating expenses, come to an agreement on the operating expenses and file a statement by May 19, 2017. Court Reporter: Deborah Gackle. (shb) |
| Filing 272 NOTICE OF FILING TRANSCRIPT filed for proceedings TUESDAY, APRIL 4, 2017 1:04 P.M. re Transcript #271 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Nirenberg, C) TEXT ONLY ENTRY |
| Filing 271 TRANSCRIPT for proceedings held on TUESDAY, APRIL 4, 2017 1:04 P.M. Official Court Reporter: C. Nirenberg, CONTACT: www.msfedreporter.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through Official Court Reporter: C. Nirenberg, CONTACT: www.msfedreporter.com, or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/1/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/9/2017. (Nirenberg, C) |
| Filing 274 MINUTES OF Evidentiary Hearing held and completed before Judge William D. Keller. The case is called. Counsel state their appearances. Expert witness, Daryl Martin, is called, sworn, and testified. Weston Anson, present at plaintiff counsel table, is called, sworn, and testified. The Court orders parties to submit cases in support of their position with regard to the royalty rate. Court Reporter: Deborah Gackle. (shb) |
| Filing 270 TEXT ONLY ENTRY (IN CHAMBERS) by Judge William D. Keller: No later than noon the day after a filing, counsel shall deliver ALL mandatory chambers copies of all documents to the judge's mail box outside the Clerk's Office on the fourth floor of the First Street Courthouse, located at 350 W. First Street, Los Angeles, CA. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 269 EXHIBIT Filed filed by Plaintiff AOP Ventures, Inc.. Exhibits 9-11 as to Declaration #267 . (Kamelgard, Barak) |
| Filing 268 EXHIBIT Filed filed by Plaintiff AOP Ventures, Inc.. Exhibits 1-8 as to Declaration #267 . (Kamelgard, Barak) |
| Filing 267 DECLARATION of Mike Zhang re Notice (Other) #265 filed by Plaintiff AOP Ventures, Inc.. (Kamelgard, Barak) |
| Filing 266 DECLARATION of Barak J. Kamelgard re Notice (Other) #265 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibits 1-2)(Kamelgard, Barak) |
| Filing 265 NOTICE OF DEFENDANTS CONTINUING VIOLATIONS OF THE PERMANENT INJUNCTION filed by Plaintiff AOP Ventures, Inc.. (Kamelgard, Barak) |
| Filing 264 STATEMENT / Joint Statement of the Case filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III re: Text Only Scheduling Notice,, 262 . (Wegner, Matthew) |
| Filing 263 SUPPLEMENT to MOTION IN LIMINE (#1) to Exclude Expert Testimony of Daryl Martin #198 Further Supplement in Support of Reply #245 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Declaration of Barak J. Kamelgard In Support, #2 Exhibit 12-19)(Kamelgard, Barak) |
| Filing 262 TEXT ONLY ENTRY (IN CHAMBERS) by Judge William D. Keller: The Court orders the following: The parties no longer need to file their joint witness list, joint exhibit list, and trial briefs before the May 10, 2017 hearing date. The Court will address these new dates at the upcoming hearing. The "joint statement of the case" is a joint statement that the Court will read to the jury before the parties' opening statements at the damages trial and the deadline remains set for May 1, 2017. The Court will not conduct a conference call but will discuss dates for the damages trial after the hearing on May 10, 2017. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 261 NOTICE of Change of Attorney Business or Contact Information: for attorney Konrad Karl Gatien counsel for Plaintiff AOP Ventures, Inc.. Changing firm name, address and phone number to Keats Gatien, LLP, 120 S. El Camino Drive, Suite 207, Beverly Hills, CA 90212; Tel.: (424) 302-0717. Changing e-mail to kg@keatsgatien.com. Filed by plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
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Filing 260
MINUTE ORDER IN CHAMBERS by Judge William D. Keller: The Court vacates the Bench Trial set for May 9, 2017 at 9:00 a.m. and advances the evidentiary hearing regarding the testimony of expert Daryl Martin to Wednesday, May 10, 2017, at 9:00 a.m. Plaintiffs expert Wes Anson is ordered to by present at the hearing. In addition, the parties are to file a joint statement of the case by May 1, 2017. (shb)
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| Filing 259 NOTICE AOP's Notice re AOP's Available Dates for Trial filed by Plaintiff AOP Ventures, Inc.. (Cohen, Michael) |
| Filing 258 OPPOSITION to MOTION IN LIMINE (#1) to Exclude Expert Testimony of Daryl Martin #198 [Supplemental Brief pursuant to #255 Order, in Further Response in Opposition to AOP Motion in Limine #1 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Declaration of Daryl Martin with Exhibits, #2 Declaration of Matthew K. Wegner with Exhibits, #3 Certificate of Service)(Wegner, Matthew) |
| Filing 257 Joint Brief re:"exceptional Circumstances" BRIEF filed by Plaintiff AOP Ventures, Inc.. (Cohen, Michael) |
| Filing 256 TEXT ONLY ENTRY (IN CHAMBERS) by Judge William D. Keller: Defendant's/Counter Claimant's Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC., Anthony Tellez, III., Application to file Reply to Plaintiff's Opposition to Defendants Motion for Reconsideration and Exhibits R22 and R23 under seal #156 is considered MOOT to this Court. Defendant's/Counter Claimant's Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC., Anthony Tellez, III., Ex Parte Application for Order to Strike Unauthorized Reply #253 is DENIED by this Court. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 255 MINUTES OF HEARING ON MOTIONS IN LIMINE #198 #201 #203 #204 #206 #207 #209 (Non-Evidentiary) before Judge William D. Keller: The Court orders: (1) The joint brief as to "exception circumstance" is due 4/17/2017 by 9:00 AM. (2) Defendant's supplemental brief as to Motion in Limine No. 1 is due 4/17/2017 by 9:00 AM. (3) Plaintiff's response to the supplemental brief is due 4/24/2017 at 9:00 AM. (4) The parties are ordered to exchange witness and exhibit lists no later than 4/24/2017, and then file the joint witness and exhibit list by 5/1/2017. (5) The parties shall file trial briefs no later than 4/24/2017 by 9:00 AM; response briefs are due 5/1/2017 by 9:00 AM. (6) The Court vacates the jury trial, and sets a Bench Trial for 5/9/2017 at 9:00 AM. The Court also sets an evidentiary hearing regarding the testimony of expert Daryl Martin on 5/11/2017 at 9:00 AM. The hearing on the remaining motions in limine was not held. *See Order for further details.* Court Reporter: Cindy Nirenberg. (jp) Modified on 4/5/2017 (cw). |
| Filing 254 OPPOSITION to EX PARTE APPLICATION for Order EX PARTE APPLICATION to Strike Unauthorized Reply (Motion related), #251 #253 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Declaration of Konrad K. Gatien In Support of Plaintiff's Opposition, #2 Exhibits 1-4)(Kamelgard, Barak) |
| Filing 253 EX PARTE APPLICATION for Order , EX PARTE APPLICATION to Strike Unauthorized Reply (Motion related), #251 filed by defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order) (Wegner, Matthew) |
| Filing 252 TEXT ONLY NOTICE (IN CHAMBERS) by Judge William D. Keller re: The hearings on all Motions in Limine #198 #201 #203 #204 #206 #207 previously scheduled for 10:30 am are moved to 1:00 pm on 4/4/17 before Judge William D. Keller. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lk) TEXT ONLY ENTRY. |
| Filing 251 REPLY In Support Of MOTION IN LIMINE (#1) to Exclude Expert Testimony of Daryl Martin #198 Supplement to Reply #245 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Declaration of Barak J. Kamelgard In Support of Supplement, #2 Exhibits 6-11)(Kamelgard, Barak) |
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Filing 250
MINUTE ORDER IN CHAMBERS by Judge William D. Keller: The Court orders that the Jury Trial date of April 4, 2017 is continued to Tuesday, May 9, 2017 at 9:00 a.m. The Pretrial Conference date of March 27, 2017 is vacated. A hearing on the motions in limine is set for Tuesday, April 4, 2017 at 10:30 a.m. The Court will advise the parties as to the new Pretrial Conference date at the hearing on the motions. The trial and hearing will be held at 350 W. 1st Street, Courtroom 5C, Los Angeles, CA 90012. Lead trial counsel for both parties are to be present at the hearing on the motions. (shb)
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Filing 249
ORDER TRANSFERRING CIVIL ACTION pursuant General Order 16-05. ORDER case transferred from Judge Virginia A. Phillips to the calendar of Judge William D. Keller for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:15-cv-01586 WDK(KKx). Signed by Judge Virginia A. Phillips and Judge William D. Keller. (rn)
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Filing 248
MINUTES (IN CHAMBERS) ORDER DENYING PLAINTIFF'S AND DEFENDANTS' APPLICATIONS TO SEAL [DOC. NOS. 215, 221, 223, 226.] by Judge Virginia A. Phillips denying #215 APPLICATION to Seal Document; denying #221 APPLICATION to Seal Document; denying #223 APPLICATION to Seal Document; denying #226 APPLICATION to Seal Document: Here, however, neither Plaintiff nor Defendants have established good cause to support their applications. Accordingly, the Court denies the applications noted above. (see document for further details) (bm)
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| Filing 247 Joint EX PARTE APPLICATION to Continue Pretrial Conference from March 27, 2017 to April 24, 25, or 28, 2017 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Proposed Order, #2 Memorandum of Points and Authorities In Support of Application, #3 Declaration of Barak J. Kamelgard In Support of Application, #4 Exhibit 1) (Kamelgard, Barak) |
| Filing 246 Notice of Withdrawal of Motion for Leave to File Document, #209 filed by Plaintiff AOP Ventures, Inc.. (Kamelgard, Barak) |
| Filing 245 REPLY In Support Of MOTION IN LIMINE (#1) to Exclude Expert Testimony of Daryl Martin #198 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Declaration of Barak J. Kamelgard In Support of Reply, #2 Exhibit 1-5)(Kamelgard, Barak) |
| Filing 244 REPLY In Support Of MOTION IN LIMINE (#2) to Exclude Any References, Testimony, and Evidence relating to Good Vapes, LLC #201 filed by Plaintiff AOP Ventures, Inc.. (Kamelgard, Barak) |
| Filing 243 REPLY In Support Of MOTION IN LIMINE (#3) to Exclude the Testimony of Barbara Villegas #203 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Declaration of Barak J. Kamelgard In Support of Reply, #2 Exhibit 1-2)(Kamelgard, Barak) |
| Filing 242 REPLY in support of NOTICE OF MOTION AND MOTION to Exclude All References to Irrelevant Litigation Matters and Preclude AOP from Calling Related Witnesses [Defendants' MIL No. 3] #207 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Declaration of Matthew K. Wegner, #2 Exhibit A, #3 Exhibit B)(Wegner, Matthew) |
| Filing 241 REPLY in support of NOTICE OF MOTION AND MOTION to Exclude All References to Alter Ego Theories and/or the Financial Condition of Non-Party Persons or Entities [Defendants' MIL No. 2] #206 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Exhibit A)(Li, Yuanjun) |
| Filing 240 REPLY in support of NOTICE OF MOTION AND MOTION to Exclude All References to Defendants' November 2014 Receipts [Defendants' MIL No. 1] #204 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Li, Yuanjun) |
| Filing 239 PROOF OF SERVICE filed by plaintiff AOP Ventures, Inc., re Order on Motion for Leave to File Document Under Seal,,, #213 , MOTION IN LIMINE (#1) to Exclude Expert Testimony of Daryl Martin #198 Proof of Service of Sealed Dcouments in Support of Plaintiff's Motion in Limine No. 1 served on March 7, 2017. (Gatien, Konrad) |
| Filing 238 SEALED DOCUMENT Declaration of Barak Kamelgard and Exhibits 1-4 in Support of Plaintiff's Motion in Limine No. 1 re MOTION IN LIMINE (#1) to Exclude Expert Testimony of Daryl Martin #198 , Order on Motion for Leave to File Document Under Seal,,, #213 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit Motion in Limine No. 1 (Exclude Expert Testimony)-Decl (Kamelgard)-EXHIBITS 1-4)(Gatien, Konrad) |
| Filing 237 SEALED DOCUMENT Memorandum of Points and Authorities in Support of Plaintiff's Motion in Limine No. 1 re MOTION IN LIMINE (#1) to Exclude Expert Testimony of Daryl Martin #198 , Order on Motion for Leave to File Document Under Seal,,, #213 filed by Plaintiff AOP Ventures, Inc..(Gatien, Konrad) |
| Filing 236 MEMORANDUM in Opposition to MOTION IN LIMINE (#2) to Exclude Any References, Testimony, and Evidence relating to Good Vapes, LLC #201 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III. (Nuttall, Glen) |
| Filing 235 PROOF OF SERVICE filed by plaintiff AOP Ventures, Inc., re APPLICATION to file document (Opposition to Motion in Limine No. 2 (Dkt. 206), Declaration of Barak Kamelgard and Exhibits 1-7 thereto) under seal #223 served on March 6, 2017,. (Gatien, Konrad) |
| Filing 234 PROOF OF SERVICE filed by plaintiff AOP Ventures, Inc., re APPLICATION to file document (EXHIBITS 1-2 to Declaration of Barak Kamelgard in Support of Opposition and in Opposition to Defendants' Motion in Limine No. 1) under seal #221 served on March 6, 2017,. (Gatien, Konrad) |
| Filing 233 Witness List filed by Plaintiff AOP Ventures, Inc... (Kamelgard, Barak) |
| Filing 232 Joint Exhibit List filed by Plaintiff AOP Ventures, Inc... (Kamelgard, Barak) |
| Filing 231 MEMORANDUM of CONTENTIONS of FACT and LAW filed by defendants and counterclaimants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III. (Wegner, Matthew) |
| Filing 230 Witness List filed by defendants and counterclaimants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III.. (Wegner, Matthew) |
| Filing 229 OPPOSITION to MOTION IN LIMINE (#1) to Exclude Expert Testimony of Daryl Martin #198 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Declaration of Matthew K. Wegner, with Exhibits A through E, #2 Declaration of Daryl Martin)(Wegner, Matthew) |
| Filing 228 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document [Exhibits in Opposition to AOP Ventures, Inc.'s Motion in Limine No. 1 under seal #226 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Exhibit A to Declaration of Matthew K. Wegner in Opposition to AOP's MIL No. 1, #2 Exhibit B to Declaration of Matthew K. Wegner in Opposition to AOP's MIL No. 1, #3 Exhibit C to Declaration of Daryl Martin in Opposition to AOP's MIL No. 1, #4 Proof of Service)(Wegner, Matthew) |
| Filing 227 DECLARATION of Barak J. Kamelgard in opposition to NOTICE OF MOTION AND MOTION to Exclude All References to Irrelevant Litigation Matters and Preclude AOP from Calling Related Witnesses [Defendants' MIL No. 3] #207 filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 226 APPLICATION to file document [Exhibits in Opposition to AOP Ventures, Inc.'s Motion in Limine No. 1 under seal filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Declaration, #2 Proposed Order)(Wegner, Matthew) |
| Filing 225 OPPOSITION to NOTICE OF MOTION AND MOTION to Exclude All References to Irrelevant Litigation Matters and Preclude AOP from Calling Related Witnesses [Defendants' MIL No. 3] #207 filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 224 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Opposition to Motion in Limine No. 2 (Dkt. 206), Declaration of Barak Kamelgard and Exhibits 1-7 thereto) under seal #223 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Unredacted Document Opposition-MIL No. 2-UNREDACTED, #2 Unredacted Document Opposition-MIL No. 2-Decl (Kamelgard)UNREDACTED, #3 Unredacted Document Opposition-MIL No. 2-EXHIBITS 1-7-UNREDACTED)(Gatien, Konrad) |
| Filing 223 APPLICATION to file document (Opposition to Motion in Limine No. 2 (Dkt. 206), Declaration of Barak Kamelgard and Exhibits 1-7 thereto) under seal filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Proposed Order Appln to Seal-Opp-MIL No. 2-ORDER, #2 Redacted Document Opposition-Defendants' Motion in Limine No. 2-REDACTED)(Gatien, Konrad) |
| Filing 222 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (EXHIBITS 1-2 to Declaration of Barak Kamelgard in Support of Opposition and in Opposition to Defendants' Motion in Limine No. 1) under seal #221 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Unredacted Document Opposition-MIL No. 1-Decl (Kamelgard)-EXHIBITS 1-2 (UNREDACTED))(Gatien, Konrad) |
| Filing 221 APPLICATION to file document (EXHIBITS 1-2 to Declaration of Barak Kamelgard in Support of Opposition and in Opposition to Defendants' Motion in Limine No. 1) under seal filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Proposed Order Appln to Seal-Opp-MIL No. 1 Exhibits 1-2-ORDER)(Gatien, Konrad) |
| Filing 220 DECLARATION of Barak J. Kamelgard in opposition to NOTICE OF MOTION AND MOTION to Exclude All References to Defendants' November 2014 Receipts [Defendants' MIL No. 1] #204 filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 219 OPPOSITION to MOTION IN LIMINE (#3) to Exclude the Testimony of Barbara Villegas #203 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Li, Yuanjun) |
| Filing 218 OPPOSITION to NOTICE OF MOTION AND MOTION to Exclude All References to Defendants' November 2014 Receipts [Defendants' MIL No. 1] #204 filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 217 OPPOSITION to NOTICE OF MOTION AND MOTION for Leave to file Fourth Amended Complaint #209 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Declaration of Robert Hackett, #2 Declaration of Lily Y. Li and Exhibits A through E, #3 Certificate of Service)(Li, Yuanjun) |
| Filing 216 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of the Brief, and Exhibits C and D attached to Declaration of Lily Y. Li in support of Defendants' Opposition to AOP Ventures, Inc.'s Motion for Leave to Amend its Complaint and Join an Additional Par #215 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Unredacted Document Opposition to AOP Ventures, Inc.'s Motion for Leave to Amend its Complaint and Join an Additional Party, #2 Exhibit C to Declaration of Lily Y. Li in support of Defendants' Opposition, #3 Exhibit D to Declaration of Lily Y. Li in support of Defendants' Opposition, #4 Proof of Service of Documents Conditionally Filed Under Seal)(Li, Yuanjun) |
| Filing 215 APPLICATION to file document Portions of the Brief, and Exhibits C and D attached to Declaration of Lily Y. Li in support of Defendants' Opposition to AOP Ventures, Inc.'s Motion for Leave to Amend its Complaint and Join an Additional Party under seal filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Declaration in support of Application, #2 Proposed Order, #3 Redacted Document Defendants' Opposition to AOP Ventures, Inc.'s Motion for Leave to Amend its Complaint and Join an Additional Party)(Li, Yuanjun) |
| Filing 214 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff AOP Ventures, Inc.. (Kamelgard, Barak) |
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Filing 213
ORDER GRANTING PLAINTIFF'S APPLICATION TO FILE UNDER SEAL PORTIONS OF DOCUMENTS AND EXHIBITS IN SUPPORT OF PLAINTIFF'S MOTION IN LIMINE NO. 1 (TO EXCLUDE EXPERT TESTIMONY OF DARYL MARTIN) by Judge Virginia A. Phillips granting #199 APPLICATION to Seal Document: Having considered Plaintiff's Application to File Under Seal Portions of Documents and Exhibits in Support of Plaintiff's Motion in Limine No. 1 to Exclude the Testimony of Defendants Expert, Daryl Martin, and good cause appearing therefor pursuant to the Protective Order entered in this action on February 19, 2016: IT IS HEREBY ORDERED that said portions of the declarations and exhibits be filed with the Clerk of the Court under seal pursuant to Civil L.R. 79-5.1. (bm)
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| Filing 212 JOINT MEDIATION REPORT of the Parties' 3rd Mediation held on February 22, 2017, filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 211 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motions in Limine #203 , #204 , #206 , #207 . The following error(s) was found: Other error(s) with document(s) are specified below: Motion in Limine #203 has incorrect document attached to the entry. The court notes that counsel e-filed a Notice of Errata #208 , correcting this error. Motions in Limine are noticed for incorrect time #204 , #206 , #207 . In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bm) |
| Filing 210 PROOF OF SERVICE filed by plaintiff AOP Ventures, Inc., re APPLICATION to file document (Memorandum, Declaration of Barak Kamelgard and Exhibits 1-4 thereto in Support of Motion in Limine No. 1 to Exclude Expert Testimony of Daryl Martin; under seal #199 served on Februrary 27, 2017. (Gatien, Konrad) |
| Filing 209 MOTION WITHDRAWN PURSUANT TO NOTICE OF WITHDRAWAL E-FILED 3/15/2017 - NOTICE OF MOTION AND MOTION for Leave to file Fourth Amended Complaint filed by Plaintiff AOP Ventures, Inc.. Motion set for hearing on 3/27/2017 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order, #2 Memorandum In Support of Motion, #3 [Proposed] Fourth Amended Complaint - Clean, #4 Exhibit [Proposed] Fourth Amended Complaint - EXHIBITS 1-6, #5 [Proposed] Fourth Amended Complaint - Red-Lined) (Kamelgard, Barak) Modified on 3/16/2017 (shb). |
| Filing 208 NOTICE OF ERRATA filed by Plaintiff AOP Ventures, Inc.. correcting MOTION IN LIMINE (#3) to Exclude the Testimony of Barbara Villegas #203 (Attachments: #1 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude the Testimony of Barbara Villegas, #2 Proposed Order Granting MOTION IN LIMINE (#3) to Exclude the Testimony of Barbara Villegas)(Kamelgard, Barak) |
| Filing 207 NOTICE OF MOTION AND MOTION to Exclude All References to Irrelevant Litigation Matters and Preclude AOP from Calling Related Witnesses [Defendants' MIL No. 3] filed by defendants and counterclaimants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III. Motion set for hearing on 3/27/2017 at 02:30 PM before Judge Virginia A. Phillips. (Attachments: #1 Exhibits A and B in support, #2 Proposed Order) (Li, Yuanjun) |
| Filing 206 NOTICE OF MOTION AND MOTION to Exclude All References to Alter Ego Theories and/or the Financial Condition of Non-Party Persons or Entities [Defendants' MIL No. 2] filed by defendants and counterclaimants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III. Motion set for hearing on 3/27/2017 at 02:30 PM before Judge Virginia A. Phillips. (Attachments: #1 Exhibits A through E in support, #2 Proposed Order) (Li, Yuanjun) |
| Filing 205 MEMORANDUM in Support of MOTION IN LIMINE (#3) to Exclude the Testimony of Barbara Villegas #203 filed by Plaintiff AOP Ventures, Inc.. (Kamelgard, Barak) |
| Filing 204 NOTICE OF MOTION AND MOTION to Exclude All References to Defendants' November 2014 Receipts [Defendants' MIL No. 1] filed by defendants and counterclaimants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III. Motion set for hearing on 3/27/2017 at 02:30 PM before Judge Virginia A. Phillips. (Attachments: #1 Exhibits A through D in support, #2 Proposed Order) (Li, Yuanjun) |
| Filing 203 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude the Testimony of Barbara Villegas filed by Plaintiff AOP Ventures, Inc.. Motion set for hearing on 3/27/2017 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order)(Kamelgard, Barak) |
| Filing 202 MEMORANDUM in Support of MOTION IN LIMINE (#2) to Exclude Any References, Testimony, and Evidence relating to Good Vapes, LLC #201 filed by Plaintiff AOP Ventures, Inc.. (Kamelgard, Barak) |
| Filing 201 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude Any References, Testimony, and Evidence relating to Good Vapes, LLC filed by Plaintiff AOP Ventures, Inc.. Motion set for hearing on 3/27/2017 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order)(Kamelgard, Barak) |
| Filing 200 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Memorandum, Declaration of Barak Kamelgard and Exhibits 1-4 thereto in Support of Motion in Limine No. 1 to Exclude Expert Testimony of Daryl Martin; under seal #199 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Unredacted Document Motion in Limine (Exclude Expert Testimony)-Memo-UNREDACTED, #2 Unredacted Document Motion in Limine (Exclude Expert Testimony)-Decl (Kamelgard)-UNREDACTED, #3 Unredacted Document Motion in Limine (Exclude Expert Testimony)-Decl (Kamelgard)-EXHIBITS 1-4-UNREDACTED)(Gatien, Konrad) |
| Filing 199 APPLICATION to file document (Memorandum, Declaration of Barak Kamelgard and Exhibits 1-4 thereto in Support of Motion in Limine No. 1 to Exclude Expert Testimony of Daryl Martin; under seal filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Proposed Order Appln to Seal-Order, #2 Redacted Document Motion in Limine (Exclude Expert Testimony)-Memo-REDACTED, #3 Redacted Document Motion in Limine (Exclude Expert Testimony)-Decl (Kamelgard)-REDACTED)(Gatien, Konrad) |
| Filing 198 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Expert Testimony of Daryl Martin filed by plaintiff AOP Ventures, Inc.. Motion set for hearing on 3/27/2017 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order Motion in Limine (Exclude Expert Testimony)-ORDER)(Gatien, Konrad) |
| Filing 197 TRANSCRIPT ORDER as to defendants and counterclaimants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III for Court Reporter. Court will contact Mae Galvez at mgalvez@bwmllp.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Wegner, Matthew) |
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Filing 196
ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION FOR LEAVE TO FILE MORE THAN THREE MOTIONS IN LIMINE by Judge Virginia A. Phillips denying #192 EX PARTE APPLICATION for Leave to File: THE COURT, having considered Plaintiff AOP Ventures, Inc.'s ("Plaintiff") Ex Parte Application for Leave to File More Than Three Motions In Limine, and having considered the written submissions, declarations and evidence of the parties, FINDS NO GOOD CAUSE SHOWN FOR THE RELIEF REQUESTED AND DENIES THE APPLICATION. (bm)
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| Filing 195 OPPOSITION to EX PARTE APPLICATION for Leave to file More Than Three Motions in Limine #192 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Declaration Declaration of M. Wegner in support of Opposition to AOP Ex Parte Application, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Wegner, Matthew) |
| Filing 194 DECLARATION of Barak J. Kamelgard In Support Of EX PARTE APPLICATION for Leave to file More Than Three Motions in Limine #192 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit 1-2)(Kamelgard, Barak) |
| Filing 193 MEMORANDUM in Support of EX PARTE APPLICATION for Leave to file More Than Three Motions in Limine #192 filed by Plaintiff AOP Ventures, Inc.. (Kamelgard, Barak) |
| Filing 192 EX PARTE APPLICATION for Leave to file More Than Three Motions in Limine filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Proposed Order) (Kamelgard, Barak) |
| Filing 191 Notice of Appearance or Withdrawal of Counsel: for attorney Yuanjun Lily Li counsel for Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. Adding Lily Y. Li as counsel of record for Steam Distribution, LLC; One Hit Wonder, Inc.; Anthony Tellez, III; Havz, LLC for the reason indicated in the G-123 Notice. Filed by defendants and counterclaimants Steam Distribution, LLC; One Hit Wonder, Inc.; Anthony Tellez, III; Havz, LLC. (Attorney Yuanjun Lily Li added to party Havz LLC(pty:dft), Attorney Yuanjun Lily Li added to party One Hit Wonder, Inc.(pty:dft), Attorney Yuanjun Lily Li added to party One Hit Wonder, Inc.(pty:cc), Attorney Yuanjun Lily Li added to party One Hit Wonder, Inc.(pty:cc), Attorney Yuanjun Lily Li added to party Steam Distribution, LLC(pty:dft), Attorney Yuanjun Lily Li added to party Anthony Tellez, III(pty:cc), Attorney Yuanjun Lily Li added to party Anthony Tellez, III(pty:dft))(Li, Yuanjun) |
| Filing 190 TRANSCRIPT ORDER as to plaintiff AOP Ventures, Inc. for Court Reporter. Court will contact Darrell Orme Mann at dorme@stubbsalderton.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Gatien, Konrad) |
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Filing 189
MINUTE ORDER GRANTING IN PART PLAINTIFF'S MOTION TO ALTER JUDGMENT/MOTION FOR RECONSIDERATION #158 AND GRANTING PLAINTIFF'S APPLICATION FOR ATTORNEYS' FEES #177 by Judge Virginia A. Phillips. Accordingly, the Court GRANTS IN PART Plaintiff's Motion and will hold an evidentiary hearing as to the remaining factual disputes in this case following the jury trial on the issue of damages. Following that hearing, the Court will determine whether the facts of this case are such that it is an exceptional case entitling Plaintiff to attorneys' fees and treble damages. Accordingly, the Court GRANTS Plaintiff's Application for Attorneys' Fees and awards Plaintiff its reasonable attorneys' fees and costs in the amount of $19,496. IT IS SO ORDERED. (See attached document for details.) (lom)
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Filing 188
MINUTES ORDER RE PLAINTIFF'S MOTION TO COMPEL SUPPLEMENTAL PRODUCTION OF DOCUMENTS FROM DEFENDANTS #183 by Judge Virginia A. Phillips. Accordingly, the Court DENIES Plaintiff's Motion because the relief sought is already compelled by the Federal Rules of Civil Procedure. Any failure to comply forthwith with the disclosure requirements may result in the imposition of evidentiary sanctions. IT IS SO ORDERED (lom)
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| Filing 187 Notice of Appearance or Withdrawal of Counsel: for attorney Michael L Cohen counsel for Plaintiff AOP Ventures, Inc.. Adding James T. Morris as counsel of record for AOP Ventures, Inc. for the reason indicated in the G-123 Notice. Filed by plaintiff AOP Ventures, Inc.. (Cohen, Michael) |
| Filing 186 Notice of Appearance or Withdrawal of Counsel: for attorney Michael L Cohen counsel for Plaintiff AOP Ventures, Inc.. Adding Michael L. Cohen as counsel of record for AOP Ventures, Inc. for the reason indicated in the G-123 Notice. Filed by plaintiff AOP Ventures, Inc.. (Attorney Michael L Cohen added to party AOP Ventures, Inc.(pty:pla))(Cohen, Michael) |
| Filing 185 DECLARATION of Barak J. Kamelgard In Support Of MOTION to Compel Supplemental Production of Documents from Defendants #183 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit Exhibits 1-4)(Kamelgard, Barak) |
| Filing 184 MEMORANDUM in Support of MOTION to Compel Supplemental Production of Documents from Defendants #183 filed by Plaintiff AOP Ventures, Inc.. (Kamelgard, Barak) |
| Filing 183 NOTICE OF MOTION AND MOTION to Compel Supplemental Production of Documents from Defendants filed by Plaintiff AOP Ventures, Inc.. Motion set for hearing on 3/6/2017 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order)(Kamelgard, Barak) |
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Filing 182
CIVIL TRIAL SCHEDULING ORDER by Judge Virginia A. Phillips: Last day to Conduct Mediation: March 3, 2017; Pretrial Conference: March 27, 2017 at 2:30 p.m.; Jury Trial: April 04, 2017 at 8:30 a.m.; Trial Estimate: XXXXXX Day(s) Order (bm)
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| Filing 181 MINUTES (IN CHAMBERS) RE PLAINTIFF'S MOTION TO ALTER JUDGMENT (DOC. NO. 158), APPLICATION FOR ATTORNEYS FEES (DOC. NO. 177), AND TRIAL SCHEDULE by Judge Virginia A. Phillips taking under submission #158 APPLICATION to Alter Judgment; taking under submission #177 APPLICATION for Attorney Fees: COUNSEL ARE NOTIFIED that on the Court's own Motion, Plaintiff AOP Ventures' Motion to Alter Judgment (Doc. No. 158) and Plaintiff AOP Ventures' Application for Attorneys' Fees, set for hearing January 23, 2016, at 2:00 p.m., are hereby TAKEN OFF CALENDAR. These matters are appropriate for resolution without hearing pursuant to Local Rule 7-15 and will stand submitted on the papers timely filed. In addition, the Court sets the following trial schedule: Last date to conduct settlementconference (ADR no. 2): 3/3/2017;Pre-trial conference: 03/27/2017 at 2:30 p.m; Trial date (jury trial): 04/04/2017 at 8:30 a.m. (bm) |
| Filing 180 OPPOSITION to APPLICATION for Attorney Fees PURSUANT TO COURTS 12/12/16 CIVIL MINUTE ORDER #177 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Declaration)(Wegner, Matthew) |
| Filing 179 DECLARATION of Barak J. Kamelgard In Support Of APPLICATION for Attorney Fees PURSUANT TO COURTS 12/12/16 CIVIL MINUTE ORDER #177 filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 178 DECLARATION of Konrad K. Gatien In Support Of APPLICATION for Attorney Fees PURSUANT TO COURTS 12/12/16 CIVIL MINUTE ORDER #177 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit 1)(Gatien, Konrad) |
| Filing 177 APPLICATION for Attorney Fees PURSUANT TO COURTS 12/12/16 CIVIL MINUTE ORDER filed by Plaintiff AOP Ventures, Inc.. Application set for hearing on 1/23/2017 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order) (Gatien, Konrad) |
| Filing 176 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment #154 . #158 filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 175 OPPOSITION to NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment #154 . #158 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Declaration, #2 Exhibit A, #3 Certificate of Service)(Wegner, Matthew) |
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Filing 174
MINUTE ORDER IN CHAMBERS RE DEFENDANTS' MOTION FOR RECONSIDERATION OF THE COURT'S ORDER FILED OCTOBER 11, 2016 (DOC. NO. 129) by Judge Virginia A. Phillips: For the foregoing reasons, Defendants' Motion for Reconsideration is GRANTED IN PART and DENIED IN PART. The Court VACATES its Order Granting in Part and Denying in Part Plaintiff's Motion for Summary Judgment (Doc. No. 129). Consistent with the prior order, the Court GRANTS summary adjudication as to Plaintiff's claims for trademark infringement false designation of origin, and unfair competition relating to Defendant's use of the MILK MAN mark. The Court enjoins Defendants, their officers, agents, servants, employees, attorneys, parents, subsidiaries and related companies, and all persons acting for, with, by, through or under them having notice of this Order by personal service, electronic mail, or otherwise, and each of them, from marketing, advertising, distributing, offering to sell, or selling any product, packaging, or any other item that was named or labeled with the marks MILK MAN, MILKMAN, THE MILK MAN, or THE MILKMAN, or otherwise using said marks in commerce. The Court DENIES summary adjudication as to Plaintiff's claims for intentional interference with a prospective economic advantage relating to Defendant's use of the MILK MAN mark and trademark infringement relating to Defendant's use of the DRIP CLUB mark. The Court DENIES Plaintiff's request for attorney's fees and treble damages at summary judgment. The Court, however, now DENIES summary adjudication as to the issue of damages relating to Defendants' infringement of Plaintiff's THE MILKMAN trademark. Accordingly, the Court sets aside the November 2, 2016 Judgment (Doc. No. 126) and the November 23, 2016 Amended Judgment (Doc. No. 154). The Court hereby sets a Scheduling Conference for the Parties for January 23, 2017, at 2:00 p.m. (Case reopened. MD JS-5.) (bm)
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| Filing 172 MINUTES (IN CHAMBERS) RE PLAINTIFF'S REQUEST TO STRIKE DEFENDANTS' UNREDACTED OPPOSITION (DOC. NO. 75) by Judge Virginia A. Phillips granting #129 MOTION for Reconsideration: On December 12, 2016, the Court heard argument on Defendants Steam Distribution, LLC, One Hit Wonder, Inc., and Anthony Tellez's Motion for Reconsideration. (Doc. No. 129.) At the hearing, Plaintiff AOP Ventures, Inc., requested the Court strike Defendants' Unredacted Opposition to Plaintiff's Motion for Summary Judgment. (Doc. No. 75.) The Court hereby GRANTS Plaintiff's request and orders the Unredacted Opposition stricken. (bm) |
| Filing 173 MINUTES OF DEFENDANT'S MOTION FOR RECONSIDERATION OF THE COURT'S ORDER OF 10/14/16; [DOC. NO. 129]; AND PLAINTIFF'S REQUEST FOR SANCTIONS; Hearing held before Judge Virginia A. Phillips: Matter called. Counsel make their appearances. Court hears oral argument from counsel regarding the issue of sanctions and motion for reconsideration. Matter stands submitted as describe on the record. Counsel shall submit declaration regarding attorneys' fees. Billing records shall be submitted in-camera. Court Reporter: Phyllis Preston. (bm) |
| Filing 171 RESPONSE filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, IIIto Statement #166 (Attachments: #1 Declaration Declaration of William Hackett, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C)(Nuttall, Glen) |
| Filing 170 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew K Wegner counsel for Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. Adding Matthew K. Wegner as counsel of record for One Hit Wonder, Inc.; Anthony Tellez, III; Steam Distribution, LLC; Havz, LLC for the reason indicated in the G-123 Notice. Filed by defendants/counterclaimants One Hit Wonder, Inc.; Anthony Tellez, III; Steam Distribution, LLC; Havz, LLC. (Attorney Matthew K Wegner added to party Havz LLC(pty:dft), Attorney Matthew K Wegner added to party One Hit Wonder, Inc.(pty:dft), Attorney Matthew K Wegner added to party One Hit Wonder, Inc.(pty:cc), Attorney Matthew K Wegner added to party One Hit Wonder, Inc.(pty:cc), Attorney Matthew K Wegner added to party Steam Distribution, LLC(pty:dft), Attorney Matthew K Wegner added to party Anthony Tellez, III(pty:cc), Attorney Matthew K Wegner added to party Anthony Tellez, III(pty:dft))(Wegner, Matthew) |
| Filing 169 Notice of Appearance or Withdrawal of Counsel: for attorney William J Brown, Jr counsel for Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. Adding William J. Brown, Jr. as counsel of record for One Hit Wonder, Inc.; Anthony Tellez, III; Steam Distribution, LLC; Havz, LLC for the reason indicated in the G-123 Notice. Filed by defendants/counterclaimants One Hit Wonider, Inc.; Anthony Tellez, III; Steam Distribution, LLC; Havz, LLC. (Attorney William J Brown, Jr added to party Havz LLC(pty:dft), Attorney William J Brown, Jr added to party One Hit Wonder, Inc.(pty:dft), Attorney William J Brown, Jr added to party One Hit Wonder, Inc.(pty:cc), Attorney William J Brown, Jr added to party One Hit Wonder, Inc.(pty:cc), Attorney William J Brown, Jr added to party Steam Distribution, LLC(pty:dft), Attorney William J Brown, Jr added to party Anthony Tellez, III(pty:cc), Attorney William J Brown, Jr added to party Anthony Tellez, III(pty:dft))(Brown, William) |
| Filing 168 OBJECTION in opposition to re: NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment #104 #129 Plaintiff's Objections to Defendants' Reply to Plaintiff's Opposition to Motion for Reconsideration filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 167 DECLARATION of Mike Zhang re Notice (Other) #139 Declaration of Mike Zhang in Support of Plaintiff's Supplemental Statement Re Defendants' Response to Notice of Non-Compliance with Court's November 1, 2016, Order filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit Non-Compliance-Supplemental Stmt-Decl (Zhang)-EXHIBIT 1)(Gatien, Konrad) |
| Filing 166 STATEMENT Re Defendants' Response to Notice of Non-Compliance with Court's November 1, 2016, Order filed by Plaintiff AOP Ventures, Inc. re: Notice (Other) #139 . (Gatien, Konrad) |
| Filing 165 PROOF OF SERVICE filed by plaintiff AOP Ventures, Inc., re Order on Motion for Leave to File Document Under Seal, #161 , Sealed Opposition, #163 , Sealed Document, #164 Proof of Service of Sealed Documents Re Plaintiff's Opposition to Defendant's Motion for Reconsideration served on December 1, 2016. (Gatien, Konrad) |
| Filing 164 SEALED DOCUMENT Declaration of Mike Zhang in Opposition to Defendants' Motion for Reconsideration and in Support of Plaintiff's Opposition re NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment #104 #129 , Order on Motion for Leave to File Document Under Seal, #161 filed by Plaintiff AOP Ventures, Inc..(Gatien, Konrad) |
| Filing 163 SEALED OPPOSITION RE NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment #104 #129 , Order on Motion for Leave to File Document Under Seal, #161 filed by Plaintiff AOP Ventures, Inc..(Gatien, Konrad) |
| Filing 162 RESPONSE filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, IIIto Notice (Other) #139 (Attachments: #1 Declaration Declaration of Glen Nuttall, #2 Exhibit Exhibits A-F)(Nuttall, Glen) |
| Filing 160 DECLARATION of Barak J. Kamelgard in support of NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment #154 . #158 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit Motion-Amend Judgment-Decl (Kamelgard)-EXHIBITS 1-2)(Gatien, Konrad) |
| Filing 159 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment #154 . #158 filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 158 NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment #154 . filed by plaintiff AOP Ventures, Inc.. Motion set for hearing on 1/23/2017 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order Motion-Amend Judgment-ORDER) (Gatien, Konrad) |
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Filing 161
ORDER GRANTING PLAINTIFF'S APPLICATION TO FILE UNDER SEAL PORTIONS OF DOCUMENTS IN OPPOSITION TO DEFENDANTS' MOTION FOR RECONSIDERATION OF THE COURT'S ORDER FILED OCTOBER11, 2016 (DKT NO. 104) by Judge Virginia A. Phillips granting #146 APPLICATION to Seal Document (bm)
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| Filing 157 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Reply to Plaintiff's Opposition to Defendants Motion for Reconsideration and Exhibits R22 and R23 under seal #156 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Unredacted Document Defendants' Reply - Unredacted, #2 Exhibit Exhibit R22, #3 Exhibit Exhibit R23)(Nuttall, Glen) |
| Filing 156 APPLICATION to file document Reply to Plaintiff's Opposition to Defendants Motion for Reconsideration and Exhibits R22 and R23 under seal filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Redacted Document Defendants' Reply - Redacted, #2 Proposed Order Proposed Order)(Nuttall, Glen) |
| Filing 155 REPLY Support NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment #104 #129 , NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment #104 - Redacted Version - #130 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Declaration Declaration of Hackett, #2 Declaration Declaration of Nuttall, #3 Exhibit Exhibit 19, #4 Exhibit Exhibit 20, #5 Exhibit Exhibit R21, #6 Exhibit Exhibit R24, #7 Exhibit Exhibit R25, #8 Exhibit Exhibit R26, #9 Exhibit Exhibit R27, #10 Exhibit Exhibit R28)(Nuttall, Glen) |
| Filing 154 AMENDED JUDGMENT by Judge Virginia A. Phillips, Related to: Judgment, #126 (bm) |
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Filing 153
MINUTES (IN CHAMBERS) RE PLAINTIFF'S EX PARTE APPLICATION TO STAY ENTRY OF JUDGMENT ON THE COURTS ORDER GRANTING SUMMARY JUDGMENT AND PLAINTIFF'S NOTICE OF NON-COMPLIANCE WITH COURT'S NOVEMBER 1, 2016 ORDER by Judge Virginia A. Phillips granting in part and denying in part #142 EX PARTE APPLICATION to Stay: After reviewing and considering all papers filed in support of, and in opposition to, the Application, the Court DENIES the Application as to staying the entry of judgment but GRANTS the Application as to staying the enforcement of Judgment. (see document for further details) Defendants correctly contend that, because the Court's Judgment did not reference the Summary Judgment Order, the Judgment was incomplete. Concurrent with the filing of this Minute Order, the Court amends the Judgment to be entered in accordance with both the Court's Order granting in part Plaintiffs Motion for Summary Judgment (Doc. No. 104) and the Order granting Plaintiff's Motion to Voluntarily Dismiss Without Prejudice Plaintiff's Remaining Claims (Doc. No. 123). In the interest of judicial economy, as Defendant's Motion for Reconsideration (Doc. No. 129) is scheduled to be heard in less than three weeks, the Court hereby STAYS the enforcement of Plaintiff's damages award pending the determination of the Motion for Reconsideration and STRIKES the previously issued abstracts (Doc. Nos. 137 and 138). The Court does not, however, stay enforcement of any other portion of the Amended Judgment. Finally, the Court is in receipt of Plaintiff's Notice of Defendants' Non-Compliance with the Court's November 1, 2016 Order. (Doc. No. 139.) The Court ORDERS Defendants to file a response to that Notice no later than 5:00 p.m. on November 30, 2016. The Court will determine whether sanctions are appropriate at the time it rules on Defendants' Motion for Reconsideration. (bm)
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| Filing 152 PROOF OF SERVICE filed by Defendant Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, re Sealed Document,,, #151 , Sealed Declaration in SupportDeclaration,,, #132 served on November 9, 2016. (Nuttall, Glen) |
| Filing 151 SEALED DOCUMENT Memorandum of Points and Authorities, Declaration of Daryl Martin, and Exhibits R1, R3-R5, R8, R10 and R12-R14 re NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment #104 #129 , NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment #104 - Redacted Version - #130 , Order on Motion for Leave to File Document Under Seal, #145 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Declaration Declaration of Daryl Martin, #2 Exhibit Exhibit R1, #3 Exhibit Exhibit R3-part 1, #4 Exhibit Exhibit R3-part 2, #5 Exhibit Exhibit R4, #6 Exhibit Exhibit R5, #7 Exhibit Exhibit R8, #8 Exhibit Exhibit R10, #9 Exhibit Exhibit R12, #10 Exhibit Exhibit R13, #11 Exhibit Exhbiit R14)(Nuttall, Glen) |
| Filing 150 PROOF OF SERVICE filed by plaintiff AOP Ventures, Inc., re APPLICATION to file document Opposition to Defendant's Motion for Reconsideration and Declaration of Mike Zhang in Support of Opposition under seal #146 Proof of Service of Unredacted Documents re Application to File Under Seal served on November 21, 2016,. (Gatien, Konrad) |
| Filing 149 DECLARATION of Barak J. Kamelgard in opposition to NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment #104 #129 Declaration of Barak J. Kamelgard in Support of Plaintiff's Opposition to Motion for Reconsideration filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 148 DECLARATION of Konrad K. Gatien in opposition to NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment #104 #129 Declaration of Konrad K. Gatien in Support of Plaintiff's Opposition to Motion for Reconsideration filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit Opposition-Motion for Reconsideration-Decl (Gatien)-EXHIBITS R16-R18)(Gatien, Konrad) |
| Filing 147 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Opposition to Defendant's Motion for Reconsideration and Declaration of Mike Zhang in Support of Opposition under seal #146 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Unredacted Document Opposition-Motion for Reconsideration-UNREDACTED, #2 Unredacted Document Opposition-Motion for Reconsideration-Decl (Zhang)-UNREDACTED)(Gatien, Konrad) |
| Filing 146 APPLICATION to file document Opposition to Defendant's Motion for Reconsideration and Declaration of Mike Zhang in Support of Opposition under seal filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Proposed Order Opp-App to File Under Seal-ORDER, #2 Redacted Document Opposition-Motion for Reconsideration-REDACTED, #3 Redacted Document Opposition-Motion for Reconsideration-Decl (Zhang) REDACTED)(Gatien, Konrad) |
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Filing 145
ORDER GRANTING DEFENDANT'S APPLICATION TO FILE UNDER SEAL PORTIONS OF DOCUMENTS AND EXHIBITS IN SUPPORT OF DEFENDANTS' MOTION FOR RECONSIDERATION OF THE COURTS ORDER FILED OCTOBER 11, 2016 (DKT no. 104) by Judge Virginia A. Phillips granting #131 APPLICATION to Seal Document (bm)
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| Filing 144 OPPOSITION to EX PARTE APPLICATION to Stay pending Decision on Motion for Reconsideration Order on Motion for Summary Judgment #104 Application to Stay entry of judgment on the Court Order #142 filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 143 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #136 RE: Memorandum of Points and Authorities #130 , by Clerk of Court. The document is accepted as filed. Other: Record shall reflect event and remove the hammer from document no. 130. (bm) |
| Filing 142 EX PARTE APPLICATION to Stay pending Decision on Motion for Reconsideration Order on Motion for Summary Judgment #104 Application to Stay entry of judgment on the Court Order filed by Defendant Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III. (Attachments: #1 Memorandum Memorandum of Points & Authorities ISO ex parte app to stay entry of judgment, #2 Proposed Order Proposed Order on ex parte app, #3 Declaration Declaration of Glen Nuttall, #4 Exhibit Exhibit A, #5 Exhibit Exhibit B) (Nuttall, Glen) |
| Filing 141 DECLARATION of Barak J. Kamelgard re Notice (Other) #139 Declaration of Barak J. Kamelgard in Support of Plaintiff's Notice of Non-Compliance with Court's November 1, 2016, Order #125 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit Notice-Non-Compliance Re Order-Decl (Kamelgard)-EXHIBITS 4-7)(Gatien, Konrad) |
| Filing 140 DECLARATION of Mike Zhang re Notice (Other) #139 Declaration of Mike Zhang in Support of Plaintiff's Notice of Non-Compliance with Court's November 1, 2016, Order #125 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit Notice-Non-Compliance Re Order-Decl (Zhang)-EXHIBITS 1-3)(Gatien, Konrad) |
| Filing 139 NOTICE of Non-Compliance with Court's November 1, 2016, Order #125 filed by plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 137 STRICKEN PURSUANT TO COURT ORDER DATED 11/22/16, DOCUMENT #153 . ABSTRACT of Judgment issued in favor of Plaintiff AOP Ventures, Inc. and against Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III in the principal amount of $ $6,487,861,99, interest in the amount of $ 0.00, attorneys fees of $ 0.00, costs of $ 0.00. RE: Order on Motion for Summary Judgment #104 (bm) Modified on 11/23/2016 (bm). |
| Filing 136 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum of Points and Authorities in Support of its Motion for Reconsideration #130 . The following error(s) was found: Incorrect document is attached to the docket entry. Other error(s) with document(s) are specified below: Docket entry text indicates that document is a Motion. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bm) |
| Filing 138 DOCUMENT STRICKEN PURSUANT TO COURT ORDER DATED 11/22/16, DOCUMENT #153 . ABSTRACT of Judgment issued in favor of Plaintiff AOP Ventures, Inc. and against Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III in the principal amount of $ $6,487,861.00, interest in the amount of $ $0.00, attorneys fees of $ $0.00, costs of $ $0.00. RE: Order on Motion for Summary Judgment #104 (bm) Modified on 11/23/2016 (bm). |
| Filing 135 OBJECTIONS to Deficiency - Writ of Execution (CV-52c), #128 filed by Defendants Does, Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Nuttall, Glen) |
| Filing 134 OBJECTIONS to Report of Determination of Patent/Trademark Action (CLOSE) (AO 120) #127 filed by Defendants Does, Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Nuttall, Glen) |
| Filing 133 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Memorandum, Declaration of Daryl Martin, and Exhibits R1, R3-R5, R8, R10 and R12-R14 under seal #131 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Unredacted Document Exh R3 - sales NWHWY store - part 1, #2 Unredacted Document Exh. R3 - sales at NWHWY store - part 2)(Nuttall, Glen) |
| Filing 132 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Memorandum, Declaration of Daryl Martin, and Exhibits R1, R3-R5, R8, R10 and R12-R14 under seal #131 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Unredacted Document Exh. R1 - Expert Report of Daryl Martin, #2 Unredacted Document Exh. R4 - sales at Lemmon store, #3 Unredacted Document Exh. R5 - sales at Cypress store, #4 Unredacted Document Exh. R8 - online retail invoices, #5 Unredacted Document Exh. R10 - wholesale sales invoices, #6 Unredacted Document Exh. R12 - Trademark Purchase & License Agreement, #7 Unredacted Document Exh. R13 - NDA bt Defs & Good Vapes, #8 Unredacted Document Exh. R14 - sales summary)(Nuttall, Glen) |
| Filing 131 APPLICATION to file document Memorandum, Declaration of Daryl Martin, and Exhibits R1, R3-R5, R8, R10 and R12-R14 under seal filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Proposed Order, #2 Redacted Document Memorandum of Points & Authorities, #3 Redacted Document Declaration of Daryl Martin)(Nuttall, Glen) |
| Filing 130 MEMORANDUM OF POINTS AND AUTHORITIES re NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment #104 - Redacted Version - filed by Defendant Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III. Motion set for hearing on 12/12/2016 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order, #2 Declaration Declaration of Daryl Martin - redacted, #3 Declaration Declaration of Erin Freeman, #4 Declaration Declaration of Glen L Nuttall, #5 Exhibit Exhibit R2, #6 Exhibit Exhibit R6, #7 Exhibit Exhibit R7, #8 Exhibit Exhibit R9, #9 Exhibit Exhibit R11, #10 Exhibit Exhbit R15) (Nuttall, Glen) Modified on 11/17/2016 (bm). |
| Filing 129 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment #104 filed by Defendant Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III. Motion set for hearing on 12/12/2016 at 02:00 PM before Judge Virginia A. Phillips. (Nuttall, Glen) |
| Filing 128 NOTICE OF DEFICIENCY WRIT OF EXECUTION. The document is being returned to you for correction of: This ABSTRACT can not be issued. The Order Granting in Part and Denying in Part Plaintiffs Motion for Summary Judgment is not on the docket under said case title. Entered date and the amount can not be verified. (bm) |
| Filing 127 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (bm) |
| Filing 126 JUDGMENT by Judge Virginia A. Phillips: Pursuant to the Order granting Plaintiff's Motion to Voluntarily Dismiss Without Prejudice Plaintiff's Remaining Claims filed herewith, IT IS ORDERED AND ADJUDGED that Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE. The Court orders that such judgment be entered. (MD JS-6, Case Terminated). (bm) |
| Filing 124 SCHEDULING NOTICE by Chief Judge Virginia A. Phillips. In light of the dismissal and judgment of the remaining claims, the PTC and Trial dates are hereby VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY |
| Filing 122 DECLARATION of Mike Zhang in support of EX PARTE APPLICATION for Order to Show Cause re: Defendants' Non-Compliance with Summary Judgment Order #109 Declaration of Mike Zhange in Support of Supplemental Statement in Support of Plaintiff's Ex Parte Application for an Order to Show Cause Re Contempt filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit Ex Parte Appln-Contempt OSC-Suppl-Decl (Zhang)-EXHIBITS 14-15)(Gatien, Konrad) |
| Filing 121 SUPPLEMENT to EX PARTE APPLICATION for Order to Show Cause re: Defendants' Non-Compliance with Summary Judgment Order #109 Supplemental Statement in Support of Plaintiff's Ex Parte Application for an Order to Show Cause Re Contempt filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
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Filing 125
MINUTES ORDER (IN CHAMBERS) RE PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER TO SHOW CAUSE RE CONTEMPT by Judge Virginia A. Phillips denying #109 EX PARTE APPLICATION for Order to Show Cause: After reviewing and considering all papers filed in support of, and in opposition to, the Application, the Court DENIES the Application. The Court notes, however, that it expects Defendants to be in full compliance with the order no later than November 11, 2016, which is 30 days after they were served with notice. Should Defendants not be in full compliance on or before November 11, 2016, sanctions will be imposed. (see document for further details) (bm)
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Filing 123
MINUTES (IN CHAMBERS) ORDER ORDER (IN CHAMBERS) RE PLAINTIFF'S MOTION TO VOLUNTARILY DISMISS WITHOUT PREJUDICE REMAINING CLAIMS by Judge Virginia A. Phillips granting #106 MOTION to Dismiss: The unopposed Motion is appropriate for resolution without a hearing, and the Court hereby VACATES the hearing set for November 14, 2016. See Fed. R. Civ. P. 78; L.R. 7-15. As Defendants have not opposed Plaintiff's motion and have not shown that they will suffer legal prejudice if the Court dismisses Plaintiff's remaining claims without prejudice, the Court GRANTS the motion. (see document for further details) (bm)
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| Filing 120 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Remaining Claims, namely, 1) Trademark Infringement of the DRIP CLUB Mark; and 3) Intentional Interference as to the MILK MAN Mark #106 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Nuttall, Glen) |
| Filing 119 NOTICE OF NON-RECEIPT OF OPPOSITION TO PLAINTIFF'S MOTION TO DISMISS WITHOUT PREJUDICE PLAINTIFF'S REMAINING CLAIMS PURSUANT TO FRCP 41(A)(2) re NOTICE OF MOTION AND MOTION to Dismiss Remaining Claims, namely, 1) Trademark Infringement of the DRIP CLUB Mark; and 3) Intentional Interference as to the MILK MAN Mark #106 filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 118 DECLARATION of Glen L Nuttall in opposition to EX PARTE APPLICATION for Order to Show Cause re: Defendants' Non-Compliance with Summary Judgment Order #109 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Exhibit Exhibit E, #2 Exhibit Exhibit F, #3 Exhibit Exhibit G, #4 Exhibit Exhibit H, #5 Exhibit Exhibit I, #6 Exhibit Exhibit J, #7 Exhibit Exhibit K)(Nuttall, Glen) |
| Filing 117 DECLARATION of Willam Hackett in opposition to EX PARTE APPLICATION for Order to Show Cause re: Defendants' Non-Compliance with Summary Judgment Order #109 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Nuttall, Glen) |
| Filing 116 DECLARATION of Patty Chan in opposition to EX PARTE APPLICATION for Order to Show Cause re: Defendants' Non-Compliance with Summary Judgment Order #109 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Exhibit Exhibit D)(Nuttall, Glen) |
| Filing 115 DECLARATION of Chris Riley in opposition to EX PARTE APPLICATION for Order to Show Cause re: Defendants' Non-Compliance with Summary Judgment Order #109 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Nuttall, Glen) |
| Filing 114 Opposition Opposition re: EX PARTE APPLICATION for Order to Show Cause re: Defendants' Non-Compliance with Summary Judgment Order #109 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Nuttall, Glen) |
| Filing 113 DECLARATION of Mike Zhang in support of EX PARTE APPLICATION for Order to Show Cause re: Defendants' Non-Compliance with Summary Judgment Order #109 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit Ex Parte Appln-Contempt OSC-Decl (Zhang)-EXHIBITS 11-13)(Gatien, Konrad) |
| Filing 112 DECLARATION of Barak J. Kamelgard in support of EX PARTE APPLICATION for Order to Show Cause re: Defendants' Non-Compliance with Summary Judgment Order #109 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit Ex Parte Appln-Contempt OSC-Decl (Kamelgard)-EXHIBITS 3-10)(Gatien, Konrad) |
| Filing 111 DECLARATION of Konrad K. Gatien in support of EX PARTE APPLICATION for Order to Show Cause re: Defendants' Non-Compliance with Summary Judgment Order #109 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit Ex Parte Appln-Contempt OSC-Decl (Gatien)-EXHIBITS 1-2)(Gatien, Konrad) |
| Filing 110 MEMORANDUM in Support of EX PARTE APPLICATION for Order to Show Cause re: Defendants' Non-Compliance with Summary Judgment Order #109 filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 109 EX PARTE APPLICATION for Order to Show Cause re: Defendants' Non-Compliance with Summary Judgment Order filed by plaintiff AOP Ventures, Inc.. (Attachments: #1 Proposed Order Ex Parte Appln-Contempt OSC-ORDER) (Gatien, Konrad) |
| Filing 108 SCHEDULING NOTICE re: Plaintiff's NOTICE OF MOTION AND MOTION to Dismiss Remaining Claims, namely, 1) Trademark Infringement of the DRIP CLUB Mark; and 3) Intentional Interference as to the MILK MAN Mark #106 . Hearing time is NOW set for 2pm, 11/14/2016 before Chief Judge Virginia A. Phillips. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY |
| Filing 107 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss Remaining Claims, namely, 1) Trademark Infringement of the DRIP CLUB Mark; and 3) Intentional Interference as to the MILK MAN Mark #106 filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 106 NOTICE OF MOTION AND MOTION to Dismiss Remaining Claims, namely, 1) Trademark Infringement of the DRIP CLUB Mark; and 3) Intentional Interference as to the MILK MAN Mark filed by plaintiff AOP Ventures, Inc.. Motion set for hearing on 11/14/2016 at 10:00 AM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order Motion-Dismiss Remaining Claims-ORDER) (Gatien, Konrad) |
| Filing 105 TRANSCRIPT ORDER as to defendant Steam Distribution, LLC for Court Reporter. Court will contact Carrie Anne lu at clu@koslaw.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Nuttall, Glen) |
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Filing 104
ORDER by Judge Virginia A. Phillips: granting in part and denying in part #56 Plaintiff's Motion for Summary Judgment. (See order for details). (shb)s
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Filing 103
MINUTE ORDER IN CHAMBERS RE PLAINTIFF'S OBJECTION TO DEFENDANTS' OPPOSITION by Judge Virginia A. Phillips: The Court has read and reviewed Plaintiff's Objections to Defendants' Opposition to Summary Judgment. (Doc. 94.) The Court SUSTAINS Plaintiff's objection to the Opposition as improperly redacted and strikes the Opposition in its entirely. The Court orders Defendants to refile the Opposition with appropriate redactions by 4:00 p.m. on Friday, October 7, 2016. (bm)
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| Filing 101 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment #56 - Redacted Version - filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Nuttall, Glen) |
| Filing 102 MINUTES OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT; [ECF 56] Hearing held before Judge Virginia A. Phillips: Matter called. Counsel for plaintiff and defendant are present. Defendant shall file a redacted version of the opposition by no later than October 7, 2016. Court issues a tentative ruling, hears oral argument and takes the matter under submission. Court Reporter: Phyllis Preston. (bm) |
| Filing 100 DECLARATION of Glen L Nuttall re Miscellaneous Document, #99 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Exhibit Exhibit C - Assignment)(Nuttall, Glen) |
| Filing 99 Notice of Material Change of Facts filed by Defendants Does, Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III (Attachments: #1 Declaration Declaration of Glen L Nuttall, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Nuttall, Glen) |
| Filing 98 JOINT MEDIATION REPORT of the Parties' 2nd Mediation held on September 29, 2016, per Order Dkt. #43 filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 97 Notice of Appearance or Withdrawal of Counsel: for attorney Konrad Karl Gatien counsel for Plaintiff AOP Ventures, Inc.. Joshua Stewart Stambaugh is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
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Filing 96
ORDER RE JOINT STIPULATION ON SHORTENED NOTICE TO CONTINUE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT HEARING DATE AND SUMMARY JUDGMENT CUT-OFF by Judge Virginia A. Phillips, re Stipulation to Continue, #95 : Having considered the Stipulation to Continue Plaintiff AOP Ventures, Inc.'s ("Plaintiff") Motion for Summary Judgment, or, in the Alternative, Partial Summary Judgment ("Motion") Hearing Date and the Summary Judgment Cut-Off and good cause appearing therefor, the Court hereby GRANTS said stipulation. IT IS HEREBY ORDERED that the hearing on Plaintiff's Motion and the Summary Judgment Cut-Off will each be continued to: Thursday, October 6, at 2:00pm. IT IS FURTHER ORDERED that the other dates provided for by the Court's May 13, 2016, Order will not be continued. (bm)
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| Filing 95 Joint STIPULATION to Continue Motion for Summary Judgment Hearing Date and Summary Judgment Cut-Off from October 3, 2016 to October 5, 6 or 7, 2016 Re: NOTICE OF MOTION AND MOTION for Summary Judgment #56 filed by plaintiff AOP Ventures, Inc.. (Attachments: #1 Proposed Order Stipulation-Continue MSJ Hrg-ORDER)(Gatien, Konrad) |
| Filing 94 DOCUMENT STRICKEN PURSUANT TO COURT ORDER DATED 10/7/16, DOCUMENT #103 . OBJECTION in support of re: NOTICE OF MOTION AND MOTION for Summary Judgment #56 Plaintiff's Objections to Defendants' Opposition to Summary Judgment and Supporting Documents #75 #82 filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) Modified on 10/11/2016 (bm). |
| Filing 93 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Summary Judgment #56 Plaintiff's Response to Defendants' Selected Genuine Issues of Material Fact #82 filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 92 DECLARATION of Mike Zhang in support of NOTICE OF MOTION AND MOTION for Summary Judgment #56 Declaration of Mike Zhang in Support of Plaintiff's Reply in Support of Plaintiff's Motion for Summary Judgment filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit Reply-MSJ-Decl (Zhang)-EXHIBIT 68)(Gatien, Konrad) |
| Filing 91 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment #56 filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
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Filing 90
MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFF'S EX PARTE APPLICATION TO STRIKE DEFENDANTS' SEPARATE STATEMENT OF GENUINE ISSUES OF MATERIAL FACTS by Judge Virginia A. Phillips denying #84 EX PARTE APPLICATION: The Court has read and considered Plaintiff's Ex Parte Application to Strike Defendants' Separate Statement of Genuine Issues of Material Fact, filed September 14, 2016 (Doc. No. 84), as well as Defendant's Opposition thereto, filed September 15, 2016 (Doc. No. 88), and hereby DENIES the Ex Parte Application. (see document for further details) (bm)
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| Filing 89 STATEMENT of Genuine Issues of Material Fact in Support of Oppostion to NOTICE OF MOTION AND MOTION for Summary Judgment #56 - Redacted Version - filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Nuttall, Glen) |
| Filing 88 Opposition Opposition re: EX PARTE APPLICATION to Strike Defendants' Separate Statement of Genuine Issues of Material Facts Statement (Motion related), #82 #84 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Declaration Declaration of Glen L Nuttall)(Nuttall, Glen) |
| Filing 87 SUPPLEMENT to EX PARTE APPLICATION to Strike Defendants' Separate Statement of Genuine Issues of Material Facts Statement (Motion related), #82 #84 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Proposed Order)(Kamelgard, Barak) |
| Filing 86 DECLARATION of Barak J. Kamelgard in support of EX PARTE APPLICATION to Strike Defendants' Separate Statement of Genuine Issues of Material Facts Statement (Motion related), #82 #84 filed by Plaintiff AOP Ventures, Inc.. (Kamelgard, Barak) |
| Filing 85 MEMORANDUM in Support of EX PARTE APPLICATION to Strike Defendants' Separate Statement of Genuine Issues of Material Facts Statement (Motion related), #82 #84 filed by Plaintiff AOP Ventures, Inc.. (Kamelgard, Barak) |
| Filing 84 EX PARTE APPLICATION to Strike Defendants' Separate Statement of Genuine Issues of Material Facts Statement (Motion related), #82 filed by plaintiff AOP Ventures, Inc.. (Attachments: #1 Proposed Order Ex Parte Appln-Strike Statement-ORDER) (Kamelgard, Barak) |
| Filing 83 PROOF OF SERVICE filed by plaintiff AOP Ventures, Inc., re NOTICE OF MOTION AND MOTION for Summary Judgment #56 , Order on Motion for Leave to File Document Under Seal,,, #73 Proof of Service of Sealed Documents in Support of Motion for Summary Judgment served on September 13, 2016. (Kamelgard, Barak) |
| Filing 82 STATEMENT of Genuine Issues of Material Fact in Support of Oppostion to NOTICE OF MOTION AND MOTION for Summary Judgment #56 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Nuttall, Glen) |
| Filing 81 SEALED DOCUMENT Declaration of Barak Kamelgard and Exhibits 64-67 in Support of Motion for Summary Judgment re NOTICE OF MOTION AND MOTION for Summary Judgment #56 , Order on Motion for Leave to File Document Under Seal,,, #73 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit MSJ-Decl (Kamelgard)-EXHIBIT 64, #2 Exhibit MSJ-Decl (Kamelgard)-EXHIBIT 65, #3 Exhibit MSJ-Decl (Kamelgard)-EXHIBIT 66, #4 Exhibit MSJ-Decl (Kamelgard)-EXHIBIT 67)(Kamelgard, Barak) |
| Filing 80 SEALED DOCUMENT Exhibits 34-38A, 48-57, 60 to Declaration of Konrad Gatien in Support of Motion for Summary Judgment re NOTICE OF MOTION AND MOTION for Summary Judgment #56 , Declaration (Motion related),,, #57 , Order on Motion for Leave to File Document Under Seal,,, #73 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit MSJ-Decl (Gatien)-EXHIBIT 35, #2 Exhibit MSJ-Decl (Gatien)-EXHIBIT 36, #3 Exhibit MSJ-Decl (Gatien)-EXHIBIT 37, #4 Exhibit MSJ-Decl (Gatien)-EXHIBIT 38A, #5 Exhibit MSJ-Decl (Gatien)-EXHIBIT 48, #6 Exhibit MSJ-Decl (Gatien)-EXHIBIT 49, #7 Exhibit MSJ-Decl (Gatien)-EXHIBIT 50, #8 Exhibit MSJ-Decl (Gatien)-EXHIBIT 51, #9 Exhibit MSJ-Decl (Gatien)-EXHIBIT 52, #10 Exhibit MSJ-Decl (Gatien)-EXHIBIT 53, #11 Exhibit MSJ-Decl (Gatien)-EXHIBIT 54, #12 Exhibit MSJ-Decl (Gatien)-EXHIBIT 55, #13 Exhibit MSJ-Decl (Gatien)-EXHIBIT 56, #14 Exhibit MSJ-Decl (Gatien)-EXHIBIT 57, #15 Exhibit MSJ-Decl (Gatien)-EXHIBIT 60)(Kamelgard, Barak) |
| Filing 79 SEALED DOCUMENT Declaration of Mike Zhang and Exhibits 11-18, 20-22 in Support of Motion for Summary Judgment re NOTICE OF MOTION AND MOTION for Summary Judgment #56 , Order on Motion for Leave to File Document Under Seal,,, #73 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit MSJ-Decl (Zhang)-EXHIBIT 11, #2 Exhibit MSJ-Decl (Zhang)-EXHIBIT 12, #3 Exhibit MSJ-Decl (Zhang)-EXHIBIT 13, #4 Exhibit MSJ-Decl (Zhang)-EXHIBIT 14, #5 Exhibit MSJ-Decl (Zhang)-EXHIBIT 15, #6 Exhibit MSJ-Decl (Zhang)-EXHIBIT 16, #7 Exhibit MSJ-Decl (Zhang)-EXHIBIT 17, #8 Exhibit MSJ-Decl (Zhang)-EXHIBIT 18-1, #9 Exhibit MSJ-Decl (Zhang)-EXHIBIT 18-2, #10 Exhibit MSJ-Decl (Zhang)-EXHIBIT 18-3, #11 Exhibit MSJ-Decl (Zhang)-EXHIBIT 18-4, #12 Exhibit MSJ-Decl (Zhang)-EXHIBIT 18-5, #13 Exhibit MSJ-Decl (Zhang)-EXHIBIT 20, #14 Exhibit MSJ-Decl (Zhang)-EXHIBIT 21, #15 Exhibit MSJ-Decl (Zhang)-EXHIBIT 22-1, #16 Exhibit MSJ-Decl (Zhang)-EXHIBIT 22-2)(Kamelgard, Barak) |
| Filing 78 SEALED DOCUMENT Declaration of Barbara Villegas and Exhibit 1 in Support of Motion for Summary Judgment re NOTICE OF MOTION AND MOTION for Summary Judgment #56 , Order on Motion for Leave to File Document Under Seal,,, #73 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit MSJ-Decl (Villegas)-EXHIBIT 1)(Kamelgard, Barak) |
| Filing 77 SEALED DOCUMENT [Proposed] Statement of Uncontroverted Facts and Conclusions of Law in Support of Motion for Summary Judgment re NOTICE OF MOTION AND MOTION for Summary Judgment #56 , Order on Motion for Leave to File Document Under Seal,,, #73 filed by Plaintiff AOP Ventures, Inc..(Kamelgard, Barak) |
| Filing 76 SEALED DOCUMENT Memorandum of Points and Authorities in Support of Motion for Summary Judgment re NOTICE OF MOTION AND MOTION for Summary Judgment #56 , Order on Motion for Leave to File Document Under Seal,,, #73 filed by Plaintiff AOP Ventures, Inc..(Kamelgard, Barak) |
| Filing 75 DOCUMENT STRICKEN PURSUANT TO COURT ORDER DATED 12/19/16, DOCUMENT #172 . Opposition Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment #56 filed by Defendants Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Counter Claimants One Hit Wonder, Inc., One Hit Wonder, Inc., Anthony Tellez, III. (Attachments: #1 Declaration Declaration of Robert Hackett, #2 Declaration Declaration of Anthony Tellez III, #3 Declaration Declaration of Glen L Nuttall, #4 Exhibit Exhibit A, #5 Exhibit Exhibit B, #6 Exhibit Exhibit C, #7 Exhibit Exhibit D, #8 Exhibit Exhibit E, #9 Exhibit Exhibit F)(Nuttall, Glen) Modified on 12/20/2016 (bm). |
| Filing 74 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #70 RE: Proof of Service #69 by Clerk of Court. Document is STRICKEN. (bm) |
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Filing 73
ORDER GRANTING PLAINTIFF'S APPLICATION TO FILE UNDER SEAL PORTIONS OF DOCUMENTS AND EXHIBITS IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT by Judge Virginia A. Phillips granting #65 MOTION to Seal Document: Having considered Plaintiff's Application to File Under Seal Portions of Documents and Exhibits in Support of Plaintiff's Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment, and good cause appearing therefor pursuant to the Protective Order entered in this action on February 19, 2016: IT IS HEREBY ORDERED that said portions of the declarations and exhibits be filed with the Clerk of the Court under seal pursuant to Civil L.R. 79-5.1. (bm)
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| Filing 72 SCHEDULING NOTICE NOTICE OF MOTION AND MOTION for Summary Judgment #56 Motion is SET for 10/3/2016 AT 2:00PM before Chief Judge Virginia A. Phillips. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY |
| Filing 71 PROOF OF SERVICE filed by plaintiff AOP Ventures, Inc., re NOTICE OF MOTION AND MOTION to file document under seal #65 , NOTICE OF MOTION AND MOTION for Summary Judgment #56 Amended per Dkt. No. #70 served on September 2, 2016. (Gatien, Konrad) |
| Filing 70 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service #69 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bm) |
| Filing 69 DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 9/8/16, DOCUMENT #74 . PROOF OF SERVICE filed by Plaintiff AOP Ventures, Inc., re Sealed Declaration in SupportDeclaration, #68 , Sealed Declaration in SupportDeclaration,, #66 , Sealed Declaration in SupportDeclaration,,, #67 served on Sept. 2, 2016. (Kamelgard, Barak) Modified on 9/9/2016 (bm). |
| Filing 68 SEALED DECLARATION IN SUPPORT OF NOTICE OF MOTION AND MOTION to file document under seal #65 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Unredacted Document Kamelgard Declaration, #2 Unredacted Document Exhibit 64, #3 Unredacted Document Exhibit 65, #4 Unredacted Document Exhibit 66, #5 Unredacted Document Exhibit 67, #6 Unredacted Document [Proposed] Statement of Uncontroverted Facts)(Kamelgard, Barak) |
| Filing 67 SEALED DECLARATION IN SUPPORT OF NOTICE OF MOTION AND MOTION to file document under seal #65 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Unredacted Document Gatien Dec Ex 34, #2 Unredacted Document Gatien Dec Ex 34, #3 Unredacted Document Gatien Dec Ex 34, #4 Unredacted Document Gatien Dec Ex 34, #5 Unredacted Document Gatien Dec Ex 34, #6 Unredacted Document Gatien Dec Ex 34, #7 Unredacted Document Gatien Dec Ex 34, #8 Unredacted Document Gatien Dec Ex 34, #9 Unredacted Document Gatien Dec Ex 34, #10 Unredacted Document Gatien Dec Ex 34, #11 Unredacted Document Gatien Dec Ex 34, #12 Unredacted Document Gatien Dec Ex 34, #13 Unredacted Document Gatien Dec Ex 34, #14 Unredacted Document Gatien Dec Ex 34, #15 Unredacted Document Gatien Dec Ex 34, #16 Unredacted Document Gatien Dec Ex 34)(Kamelgard, Barak) |
| Filing 66 SEALED DECLARATION IN SUPPORT OF NOTICE OF MOTION AND MOTION to file document under seal #65 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Declaration Villegas, #2 Exhibit Exhibit 1, #3 Declaration Zhang, #4 Exhibit 11, #5 Exhibit 12, #6 Exhibit 13, #7 Exhibit 14, #8 Exhibit 15, #9 Exhibit 16, #10 Exhibit 17, #11 Exhibit 18-1, #12 Exhibit 18-2, #13 Exhibit 18-3, #14 Exhibit 18-4, #15 Exhibit 18-5, #16 Exhibit 20, #17 Exhibit 21, #18 Exhibit 22-1, #19 Exhibit 22-2)(Kamelgard, Barak) |
| Filing 65 NOTICE OF MOTION AND MOTION to file document under seal filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Declaration, #2 Proposed Order, #3 Declaration Redacted Villegas, #4 Exhibit 1 redacted, #5 Declaration Redacted Zhang, #6 Exhibit Redacted Exhibits Zhang Dec, #7 Declaration Gatien, #8 Exhibit Redacted Exhibits Gaiten Dec, #9 Declaration Kamelgard redacted, #10 Exhibit Redacted Exhibits, #11 Redacted Document Statement of Uncontroverted Facts in Support)(Kamelgard, Barak) |
| Filing 64 NOTICE OF LODGING filed Proposed Order re NOTICE OF MOTION AND MOTION for Summary Judgment #56 (Attachments: #1 Proposed Order)(Kamelgard, Barak) |
| Filing 63 NOTICE OF LODGING filed Proposed Judgment re NOTICE OF MOTION AND MOTION for Summary Judgment #56 (Attachments: #1 Proposed Order jUDGMENT)(Kamelgard, Barak) |
| Filing 62 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment #56 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2, #4 Exhibit B-3, #5 Exhibit B-4, #6 Exhibit C-1, #7 Exhibit C-2, #8 Exhibit C-3, #9 Exhibit C-4, #10 Exhibit D, #11 Exhibit E)(Kamelgard, Barak) |
| Filing 61 STATEMENT of of Uncontroverted Facts NOTICE OF MOTION AND MOTION for Summary Judgment #56 Redacted Statement of Uncontroverted Facts filed by Plaintiff AOP Ventures, Inc.. (Kamelgard, Barak) |
| Filing 60 DECLARATION of Barak Kamelgard Redacted Declaration in Support NOTICE OF MOTION AND MOTION for Summary Judgment #56 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit 62, #2 Exhibit 63, #3 Redacted Document Redacted Exhibits 64-67)(Kamelgard, Barak) |
| Filing 59 DECLARATION of Mike Zhang Redacted Declaration in Support NOTICE OF MOTION AND MOTION for Summary Judgment #56 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Redacted Document Exs. 11-18 and 20-22, #2 Exhibit 19, #3 Exhibit 23)(Kamelgard, Barak) |
| Filing 58 DECLARATION of Barbara Villegas Support Redacted NOTICE OF MOTION AND MOTION for Summary Judgment #56 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Redacted Document Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Kamelgard, Barak) |
| Filing 57 DECLARATION of Konrad Gatien Support NOTICE OF MOTION AND MOTION for Summary Judgment #56 filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit Ex 24-1, #2 Exhibit Ex 24-2, #3 Exhibit Ex 25, #4 Exhibit Ex 26, #5 Exhibit Ex 27, #6 Exhibit Ex 28, #7 Exhibit Ex 29, #8 Exhibit Ex 30-1, #9 Exhibit Ex 30-2, #10 Exhibit Ex 31, #11 Exhibit Ex 32, #12 Exhibit Ex 33, #13 Redacted Document Redacted Exhibits 34-37, 38A,47-58 and 60, #14 Exhibit Ex 38, #15 Exhibit Ex 39, #16 Exhibit Ex 40, #17 Exhibit Ex 41, #18 Exhibit Ex 42, #19 Exhibit Ex 43, #20 Exhibit Ex 44, #21 Exhibit Ex 45, #22 Exhibit Ex 46, #23 Exhibit Ex 47, #24 Exhibit Ex 58, #25 Exhibit Ex 59, #26 Exhibit Ex 61-1, #27 Exhibit Ex 61-2)(Kamelgard, Barak) |
| Filing 56 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff AOP Ventures, Inc.. Motion set for hearing on 10/3/2016 at 10:00 AM before Judge Virginia A. Phillips. (Attachments: #1 Memorandum Redacted Points and Authorities) (Gersh, Jeffrey) |
| Filing 55 THIRD AMENDED COMPLAINT against defendants Does, Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III amending Second Amended Complaint #41 , filed by plaintiff AOP Ventures, Inc. (Attorney Barak Kamelgard added to party AOP Ventures, Inc.(pty:pla))(bm) |
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Filing 54
ORDER RE JOINT STIPULATION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT by Judge Virginia A. Phillips, re Stipulation for Leave, #51 : IT IS HEREBY ORDERED that Plaintiff's Third Amended Complaint be deemed served on all parties including par-ties added in Plaintiff's Second Amended Complaint as of the date of this Order. IT IS FURTHER ORDERED that each Party shall Have 14 days from the date of this Order to respond to the amended pleading. None of the foregoing shall he construed as a waiver of any rights that any party may have to respond to the amended pleading. (bm)
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Filing 53
SCHEDULING NOTICE IN CHAMBERS ORDER by Magistrate Judge Kenly Kiya Kato TELEPHONIC CONFERENCE previously scheduled for 08/15/16 10:00 A.M. has been terminated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dts) TEXT ONLY ENTRY
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| Filing 52 Notice of Withdrawal of Motion to Compel, #47 filed by plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 51 Joint STIPULATION for Leave to File Third Amended Complaint filed by plaintiff and counterdefendant AOP Ventures, Inc.. (Attachments: #1 Proposed Order Stipulation-Amend (TAC)-ORDER, #2 [Proposed] Third Amended Complaint, #3 Exhibit [Proposed] Third Amended Complaint-EXHIBITS 1-6)(Gatien, Konrad) |
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Filing 50
SCHEDULING NOTICE IN CHAMBERS ORDER by Magistrate Judge Kenly Kiya Kato re: Joint Stipulation re Discovery Motion #49 , MOTION to Compel the Production of Documents to Plaintiff's First Set of Document Requests #47 Telephone Conference set for 8/15/2016 10:00 AM before Magistrate Judge Kenly Kiya Kato. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dts) TEXT ONLY ENTRY
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| Filing 49 JOINT STIPULATION to MOTION to Compel the Production of Documents to Plaintiff's First Set of Document Requests #47 filed by Plaintiff AOP Ventures, Inc., Counter Defendant AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 48 DECLARATION of Konrad K. Gatien in support of MOTION to Compel the Production of Documents to Plaintiff's First Set of Document Requests #47 filed by Plaintiff AOP Ventures, Inc., Counter Defendants AOP Ventures, Inc., AOP Ventures, Inc.. (Attachments: #1 Exhibit Motion-Compel-Decl (Gatien)-EXHIBITS 1-5, #2 Exhibit Motion-Compel-Decl (Gatien)-EXHIBITS 6-7, #3 Exhibit Motion-Compel-Decl (Gatien)-EXHIBITS 8-12, #4 Exhibit Motion-Compel-Decl (Gatien)-EXHIBITS 13-15, #5 Exhibit Motion-Compel-Decl (Gatien)-EXHIBITS 16-17, #6 Exhibit Motion-Compel-Decl (Gatien)-EXHIBITS 18-21, #7 Exhibit Motion-Compel-Decl (Gatien)-EXHIBITS 22-25)(Gatien, Konrad) |
| Filing 47 NOTICE OF MOTION AND MOTION to Compel the Production of Documents to Plaintiff's First Set of Document Requests filed by plaintiff and counterdefendant AOP Ventures, Inc.. Motion set for hearing on 8/18/2016 at 10:00 AM before Magistrate Judge Kenly Kiya Kato. (Attachments: #1 Proposed Order Motion-Compel-ORDER)(Gatien, Konrad) |
| Filing 46 ANSWER to Counterclaim #44 Answer of AOP Ventures, Inc. to Defendants' First Amended Counterclaim filed by plaintiff and counterdefendant AOP Ventures, Inc..(Gatien, Konrad) |
| Filing 45 ANSWER to Amended Complaint/Petition, #41 filed by Defendant Havz LLC, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III.(Attorney Glen L Nuttall added to party Havz LLC(pty:dft))(Nuttall, Glen) |
| Filing 44 Amended COUNTERCLAIM against Counter Defendant AOP Ventures, Inc.; Jury Demand, filed by Defendants & counterclaimants One Hit Wonder, Inc., Anthony Tellez, III.(Nuttall, Glen) |
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Filing 43
ORDER (1) Discharging Order to Show Cause; (2) Extending Mediation Deadline by Judge Virginia A. Phillips re: Order to Show Cause #38 . The Court DISCHARGES the OSC, and extends the parties' deadline for a settlement conference until September 30, 2016. The Court ORDERS the parties to file a joint mediation report within 10 days of the completion of the settlement conference. (See document for specifics.) (iva)
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| Filing 42 RESPONSE filed by Plaintiff AOP Ventures, Inc., Counter Defendant AOP Ventures, Inc.to Order to Show Cause #38 Joint Response to Court's May 12, 2016, Order to Show Cause Re: Failure to File Mediation Report (Gatien, Konrad) |
| Filing 41 SECOND AMENDED COMPLAINT against Defendants Does, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, Havz LLC amending Amended Complaint/Petition, #14 , filed by plaintiff AOP Ventures, Inc. (Attachments: #1 Exhibit Second Amended Complaint-EXHIBITS 1-6)(Gatien, Konrad) |
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Filing 40
ORDER RE JOINT STIPULATION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND FIRST AMENDED COUNTERCLAIM APPROVED by Judge Virginia A. Phillips, re Stipulation for Leave, #37 . IT IS HEREBY ORDERED that Plaintiffs [Proposed] Second Amended Complaint be deemed served on all parties including parties added in Plaintiffs Second Amended Complaint as of the date of this Order. IT IS FURTHER ORDERED that Defendants [Proposed] First Amended Counterclaim be deemed served as of the date of this Order. THE PARTIES ARE ORDERED TO FILE THEIR RESPECTIVE AMENDED PLEADINGS FORTHWITH. IT IS FURTHER ORDERED that each Party shall have 21 days from the date of this Order to respond to the respective pleadings. (mrgo)
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Filing 39
ORDER RE JOINT STIPULATION FOR RECONSIDERATION RE APRIL 27, 2016, ORDER DENYING STIPULATION TO CONTINUE TRIAL AND ASSOCIATED DATES by Judge Virginia A. Phillips, re Stipulation for Reconsideration, #36 . (Discovery cut-off 8/16/2016., Motions due by 11/14/2016. Jury Trial continued to 12/13/2016 at 08:30 AM before Judge Virginia A. Phillips. Pretrial Conference continued to 12/5/2016 at 02:30 PM before Judge Virginia A. Phillips.) (mrgo)
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Filing 38
ORDER TO SHOW CAUSE RE: FAILURE TO FILE MEDIATION REPORT by Judge Virginia A. Phillips. Response to Order to Show Cause due by 5/19/2016. (mrgo)
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| Filing 37 Joint STIPULATION for Leave to File Second Amended Complaint and First Amended Counterclaim filed by plaintiff and counterdefendant AOP Ventures, Inc.. (Attachments: #1 Proposed Order Stipulation-Amend Pleadings (SAC)-ORDER, #2 [Proposed] Second Amended Complaint, #3 Exhibit [Proposed] Second Amended Complaint-EXHIBITS 1-6, #4 [Proposed] First Amended Counterclaim (Defs))(Gatien, Konrad) |
| Filing 36 Joint STIPULATION for Reconsideration re Order #35 Denying Stipulation to Continue Trial and Associated Dates filed by plaintiff and counterdefendant AOP Ventures, Inc.. (Attachments: #1 Proposed Order Stipulation-Reconsideration (Continue Trial Dates)-ORDER)(Gatien, Konrad) |
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Filing 35
DENIED ORDER by Judge Virginia A. Phillips re: Stipulation to Continue, #33 . (iva)
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| Filing 34 MEDIATION REPORT Filed by Mediator (ADR Panel) Denise Madigan: Mediation held on March 29, 2016. The parties are unable to reach an agreement at this time.(mb) |
| Filing 33 Joint STIPULATION to Continue Trial Date and Associated Dates from September 27, 2016 to December 13, 2016 Re: Scheduling Order,, Set/Reset Deadlines/Hearings, #22 filed by plaintiff and counterdefendant AOP Ventures, Inc.. (Attachments: #1 Proposed Order Stipulation-Continue Trial Dates-ORDER)(Gatien, Konrad) |
| Filing 32 TEXT ONLY ENTRY: NOTICE TO PARTIES by District Judge Virginia A. Phillips. Effective March 28, 2016, Judge Virginia A. Phillips will be located in the Roybal Federal Building and United States Courthouse, COURTROOM 780, on the 7th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 780 of the Roybal Federal Building and United States Courthouse, and all mandatory chambers copies shall be hand delivered and placed in the drop box located outside of Room 181 - Roybal Clerk's Office. Judge Phillips's new Courtroom Deputy Clerk, Wendy Rogers, may be reached at (213) 894-3480. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
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Filing 31
ORDER GRANTING STIPULATED PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Notice of Lodging #27 (SEE ORDER FOR DETAILS**NOTE CHANGES MADE BY THE COURT) (dts)
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Filing 30
ORDER EXTENDING MEDIATION DEADLINE UNTIL MARCH 31, 2016 by Judge Virginia A. Phillips re: Stipulation for Leave, #28 . (iva)
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| Filing 29 DECLARATION of Konrad Gatien re Stipulation for Leave, #28 Declaration of Konrad Gatien in Support of Joint Stipulation to Extend Mediation Deadline Until March 31, 2016, filed by Plaintiff AOP Ventures, Inc., Counter Defendant AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 28 Joint STIPULATION for Leave to Extend Mediation Deadline Until March 31, 2016 filed by plaintiff and counterdefendant AOP Ventures, Inc.. (Attachments: #1 Proposed Order Joint Stipulation-Extend Mediation Deadline-ORDER)(Gatien, Konrad) |
| Filing 27 NOTICE OF LODGING filed of [Proposed] Stipulated Protective Order re Order, #26 (Attachments: #1 Exhibit Notice of Lodging-Protective Order-EXHIBIT 1, #2 Proposed Order Stipulated Protective Order-ORDER)(Gatien, Konrad) |
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Filing 26
MINUTES (IN CHAMBERS) ORDER by Magistrate Judge Kenly Kiya Kato, re Stipulation for Protective Order #25 The parties are advised that the Court declines to issue the proposed protective order to which they havestipulated (SEE ORDER FOR DETAILS) (dts)
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| Filing 25 Joint STIPULATION for Protective Order filed by plaintiff and counterdefendant AOP Ventures, Inc.. (Attachments: #1 Proposed Order Stipulated Protective ORDER)(Gatien, Konrad) |
| Filing 24 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Denise Madigan has been assigned to serve as Panel Mediator. (mb) |
| Filing 23 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Denise Madigan may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff AOP Ventures, Inc., Counter Defendant AOP Ventures, Inc.(Gatien, Konrad) |
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Filing 22
CIVIL TRIAL SCHEDULING ORDER by Judge Virginia A. Phillips. (Amended Pleadings due by 1/25/2016. Discovery cut-off 5/31/2016. Motions due by 7/18/2016. Last date to conduct mediation is 2/19/2016. Jury Trial set for 9/27/2016 at 08:30 AM before Judge Virginia A. Phillips. Pretrial Conference set for 9/19/2016 at 02:30 PM before Judge Virginia A. Phillips.) (See document for specifics.) (iva)
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| Filing 21 MINUTES OF Scheduling Conference held before Judge Virginia A. Phillips. Last date to conduct settlement conference is 2/19/2016. The parties shall file a joint report no later than 10 days after the mediation regarding the progress of settlement discussions. (See document for specifics.) Court Reporter: Phyllis Preston. (iva) |
| Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney Joshua Stewart Stambaugh counsel for Plaintiff AOP Ventures, Inc., Counter Defendant AOP Ventures, Inc.. Adding Joshua S. Stambaugh as counsel of record for AOP Ventures, Inc. for the reason indicated in the G-123 Notice. Filed by plaintiff and counterdefendant AOP Ventures, Inc.. (Attorney Joshua Stewart Stambaugh added to party AOP Ventures, Inc.(pty:pla), Attorney Joshua Stewart Stambaugh added to party AOP Ventures, Inc.(pty:cd))(Stambaugh, Joshua) |
| Filing 19 REQUEST for ADR Procedure No. 2 filled. Parties request to appear before a neutral selected from the court's Mediation Panel for mediation. Filed by Plaintiff AOP Ventures, Inc., Counter Defendant AOP Ventures, Inc.(Gatien, Konrad) |
| Filing 18 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-5 court days, filed by Plaintiff AOP Ventures, Inc., Counter Defendant AOP Ventures, Inc... (Gatien, Konrad) |
| Filing 17 ANSWER to Amended Complaint/Petition, #14 filed by Defendant One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III.(Nuttall, Glen) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition, #14 . The following error(s) was found: Leave of court required for filing.Other error(s) with document(s) are specified below: Answer filed by defendants on 8/27/15. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (iva) |
| Filing 15 ANSWER to Counterclaim #11 and Affirmative Defenses filed by plaintiff and counter defendant AOP Ventures, Inc..(Gatien, Konrad) |
| Filing 14 FIRST AMENDED COMPLAINT against Defendants Does, One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff AOP Ventures, Inc. (Attachments: #1 Exhibit FAC-EXHIBITS 1-5)(Gatien, Konrad) |
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Filing 13
ORDER SETTING SCHEDULING CONFERENCE by Judge Virginia A. Phillips. Scheduling Conference set for 10/26/2015 at 01:30 PM before Judge Virginia A. Phillips. (wro)
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| Filing 12 NOTICE of Interested Parties filed by Defendants One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III, identifying Steam Distribution, LLC; One Hit Wonder, Inc.; Anthony Tellez III. (Nuttall, Glen) |
| Filing 11 First COUNTERCLAIM against Counter Defendant AOP Ventures, Inc.; Jury Demand, filed by Counterclaim Plaintiff One Hit Wonder, Inc..(Nuttall, Glen) |
| Filing 10 ANSWER to Complaint (Attorney Civil Case Opening) #1 JURY DEMAND. filed by Defendant One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III.(Attorney Glen L Nuttall added to party One Hit Wonder, Inc.(pty:dft), Attorney Glen L Nuttall added to party Steam Distribution, LLC(pty:dft), Attorney Glen L Nuttall added to party Anthony Tellez, III(pty:dft))(Nuttall, Glen) |
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Filing 9
STANDING ORDER by Judge Virginia A. Phillips. (See document for specifics.) (iva)
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to DEFENDANTS One Hit Wonder, Inc., Steam Distribution, LLC, Anthony Tellez, III. (aco) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (aco) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips and Magistrate Judge Kenly Kiya Kato. (aco) |
| Filing 5 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff AOP Ventures, Inc., identifying AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff AOP Ventures, Inc.. (Gatien, Konrad) |
| Filing 1 COMPLAINT Receipt No: 0973-16215828 - Fee: $400, filed by Plaintiff AOP Ventures, Inc.. (Attachments: #1 Exhibit Complaint-EXHIBITS 1-5) (Attorney Konrad Karl Gatien added to party AOP Ventures, Inc.(pty:pla))(Gatien, Konrad) |
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