Hoist Fitness Systems, Inc. v. TuffStuff Fitness International, Inc.
Plaintiff: Hoist Fitness Systems, Inc.
Defendant: TuffStuff Fitness International, Inc.
Case Number: 5:2019cv00493
Filed: March 19, 2019
Court: US District Court for the Central District of California
Presiding Judge: Andre Birotte
Referring Judge: Kenly Kiya Kato
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 30, 2019 Filing 37 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 Order) (gk)
October 29, 2019 Opinion or Order Filing 36 ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Michael R. Annis to Appear Pro Hac Vice on behalf of Defendant TuffStuff Fitness International, Inc., designating Ben M. Davidson as local counsel #34 . (gk)
October 23, 2019 Opinion or Order Filing 35 ORDER by Judge Andre Birotte Jr. The Court, having considered the parties' joint stipulation to stay this action pending the outcome of appeal in Hoist Fitness Sys., Inc. v. TuffStuff Fitness Intl, Inc., Case No. 5:17-cv-01388-AB-KK (Made JS-6. Case Terminated.)(SEE ORDER FOR FURTHER DETAILS) (yl)
October 23, 2019 Filing 34 APPLICATION of Non-Resident Attorney Michael R. Annis to Appear Pro Hac Vice on behalf of Defendant TuffStuff Fitness International, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24660366) filed by Defendant TuffStuff Fitness International, Inc.. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order) (Davidson, Ben)
October 11, 2019 Filing 33 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7, filed by Plaintiff Hoist Fitness Systems, Inc... (Flaherty, Sean)
October 10, 2019 Filing 32 Joint STIPULATION to Stay Case pending Appeal of Hoist I (17-CV-1388) filed by Plaintiff Hoist Fitness Systems, Inc.. (Attachments: #1 Proposed Order)(Flaherty, Sean)
July 23, 2019 Opinion or Order Filing 31 MINUTES (IN CHAMBERS) ORDER RE MOTION TO STAY CASE PENDING ENTRY OF FINAL APPEALABLE JUDGMENT IN FIRST LITIGATION by Judge Andre Birotte Jr.: The Court in its discretion DENIES without prejudice TuffStuff's motion to stay #22 . However, for reasons of case management and judicial economy, the Scheduling Conference is CONTINUED to 10/25/2019 at 10:00 AM. Court Reporter: N/A. (gk)
July 19, 2019 Filing 30 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #29 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123. 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. (ak)
July 17, 2019 Filing 29 NOTICE of Appearance filed by attorney Asim K Desai on behalf of Plaintiff Hoist Fitness Systems, Inc. (Attorney Asim K Desai added to party Hoist Fitness Systems, Inc.(pty:pla))(Desai, Asim)
July 17, 2019 Filing 28 REQUEST for Leave of Kara R. Fussner to Appear for Telephonically for Hearing on Motion to Stay filed by Defendant TuffStuff Fitness International, Inc.. Request set for hearing on 7/26/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order) (Fussner, Kara)
July 12, 2019 Filing 27 REPLY In Support Of NOTICE OF MOTION AND MOTION to Stay Case pending Entry of a Final Appealable Judgment in the First Litigation #22 filed by Defendant TuffStuff Fitness International, Inc.. (Attachments: #1 Affidavit Carter Declaration, #2 Affidavit Manning Declaration, #3 Exhibit Y, #4 Exhibit Z)(Telscher, Rudolph)
July 5, 2019 Opinion or Order Filing 26 ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Kara R. Fussner to Appear Pro Hac Vice on behalf of Defendant TuffStuff Fitness International, Inc., designating Ben M. Davidson as local counsel #24 . (gk)
July 5, 2019 Filing 25 OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case pending Entry of a Final Appealable Judgment in the First Litigation #22 filed by Plaintiff Hoist Fitness Systems, Inc.. (Attachments: #1 Declaration of Jeffrey Partrick, #2 Declaration of Sean D. Flaherty, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7)(Flaherty, Sean)
June 27, 2019 Filing 24 APPLICATION of Non-Resident Attorney Kara R. Fussner to Appear Pro Hac Vice on behalf of Defendant TuffStuff Fitness International, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23995718) filed by Defendant TuffStuff Fitness International, Inc.. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order) (Davidson, Ben)
June 18, 2019 Filing 23 ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #15 filed by Plaintiff and Counterdefendant Hoist Fitness Systems, Inc..(Meyer, Susan)
June 17, 2019 Filing 22 NOTICE OF MOTION AND MOTION to Stay Case pending Entry of a Final Appealable Judgment in the First Litigation filed by Defendant TuffStuff Fitness International, Inc.. Motion set for hearing on 7/26/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum, #2 Declaration of D. Penado, #3 Declaration of R. Telscher, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S, #23 Exhibit T, #24 Exhibit U, #25 Exhibit V, #26 Exhibit W, #27 Exhibit X, #28 Proposed Order) (Telscher, Rudolph)
June 14, 2019 Opinion or Order Filing 21 ORDER by Judge Andre Birotte Jr: granting #19 Non-Resident Attorney Rudolph A Telscher, Jr APPLICATION to Appear Pro Hac Vice on behalf of TuffStuff Fitness International, Inc., designating Ben M Davidson as local counsel. (lom)
June 14, 2019 Opinion or Order Filing 20 ORDER by Judge Andre Birotte Jr: granting #18 Non-Resident Attorney Daisy Manning APPLICATION to Appear Pro Hac Vice on behalf of TuffStuff Fitness International, Inc., designating Ben M Davidson as local counsel. (lom)
May 31, 2019 Filing 19 APPLICATION of Non-Resident Attorney Rudolph A. Telscher, Jr. to Appear Pro Hac Vice on behalf of Defendant TuffStuff Fitness International, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23841106) filed by Defendant TuffStuff Fitness International, Inc.. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order) (Davidson, Ben)
May 31, 2019 Filing 18 APPLICATION of Non-Resident Attorney Daisy Manning to Appear Pro Hac Vice on behalf of Defendant TuffStuff Fitness International, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23841040) filed by Defendant TuffStuff Fitness International, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Davidson, Ben)
May 29, 2019 Opinion or Order Filing 17 ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 9/20/2019 at 10:00 AM before Judge Andre Birotte Jr. (cb)
May 28, 2019 Filing 16 Certification and NOTICE of Interested Parties filed by Defendant and Counter-Claimant TuffStuff Fitness International, Inc., identifying TuffStuff Fitness International, Inc. and Lloyd's Insurance Company. (Davidson, Ben)
May 28, 2019 Filing 15 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND, COUNTERCLAIM against Hoist Fitness Systems, Inc. filed by Defendant TuffStuff Fitness International, Inc..(Attorney Ben M Davidson added to party TuffStuff Fitness International, Inc.(pty:dft))(Davidson, Ben)
April 8, 2019 Opinion or Order Filing 14 STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
April 5, 2019 Filing 13 WAIVER OF SERVICE Returned Executed filed by Plaintiff Hoist Fitness Systems, Inc.. upon TuffStuff Fitness International, Inc. waiver sent by Plaintiff on 3/26/2019, answer due 5/28/2019. Waiver of Service signed by Kara R. Fussner. (Garner, Lara)
March 28, 2019 Opinion or Order Filing 12 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 5:17-cv-01388 AB(KKx). Case transferred from Judge Christina A. Snyder to Judge Andre Birotte Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:19-cv-00493 AB(KKx). Signed by Judge Andre Birotte Jr (rn)
March 21, 2019 Filing 11 NOTICE filed by Defendant Hoist Fitness Systems, Inc.. (Meyer, Susan)
March 21, 2019 Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant TuffStuff Fitness International, Inc.. (lc)
March 20, 2019 Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Hoist Fitness Systems, Inc.. (Meyer, Susan)
March 20, 2019 Filing 8 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #4 . The following error(s) was found: The name and address of the attorney for plaintiff(s)must be entered in the appropriate field. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (et)
March 20, 2019 Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
March 20, 2019 Filing 6 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Kenly Kiya Kato. (et)
March 19, 2019 Filing 5 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Hoist Fitness Systems, Inc.. (Meyer, Susan)
March 19, 2019 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Hoist Fitness Systems, Inc.. (Meyer, Susan)
March 19, 2019 Filing 3 NOTICE of Interested Parties filed by Plaintiff Hoist Fitness Systems, Inc., identifying Hoist Fitness Systems, Inc.; TuffStuff Fitness International, Inc.. (Meyer, Susan)
March 19, 2019 Filing 2 CIVIL COVER SHEET filed by Plaintiff Hoist Fitness Systems, Inc.. (Meyer, Susan)
March 19, 2019 Filing 1 COMPLAINT Receipt No: 0973-23403034 - Fee: $400, filed by Hoist Fitness Systems, Inc. Hoist Fitness Systems, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Attorney Susan B Meyer added to party Hoist Fitness Systems, Inc.(pty:pla))(Meyer, Susan)

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Plaintiff: Hoist Fitness Systems, Inc.
Represented By: Susan B Meyer
Represented By: Lara S Garner
Represented By: Sean D Flaherty
Represented By: Asim K Desai
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Defendant: TuffStuff Fitness International, Inc.
Represented By: Daisy Manning
Represented By: Kara R Fussner
Represented By: Ben M Davidson
Represented By: Rudolph A Telscher, Jr
Represented By: Michael R Annis
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