Delta T LLC v. MacroAir Technologies, Inc.
Plaintiff: Delta T LLC and Delta T LLC doing business as Big Ass Fans
3Rd Party Plaintiff: MacroAir Technologies, Inc.
3Rd Party Defendant: Electric Torque Machines, Inc.
Case Number: 5:2020cv00728
Filed: April 8, 2020
Court: US District Court for the Central District of California
Presiding Judge: Gail J Standish
Referring Judge: George H Wu
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271 Patent Infringement
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 21, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2023 Opinion or Order Filing 334 MINUTES OF TELEPHONIC SETTLEMENT CONFERENCE held before Judge George H. Wu. Court and counsel confer. For reasons stated on the record, the settlement conference is continued to November 21, 2023 at 9:00 a.m. The parties are to appear by Zoom with the court clerk providing the Zoom information at least two business days prior to the hearing. The parties are to file their confidential settlement statements by November 17, 2023. A status conference is set for November 16, 2023 at 8:30 a.m. Court Reporter: Terri A. Hourigan. (aco)
October 30, 2023 Opinion or Order Filing 333 MINUTES OF TELEPHONIC SETTLEMENT CONFERENCE held before Judge George H. Wu. Court and counsel confer. For reasons stated on the record, the hearing is continued to November 6, 2023 at 8:30 a.m. The parties are to file a joint status report by noon on November 2, 2023. Court Reporter: Terri A. Hourigan. (aco)
October 26, 2023 Opinion or Order Filing 332 STATUS REPORT Joint Status Report filed by Defendant MacroAir Technologies, Inc.. (Lobbin, Stephen)
October 19, 2023 Opinion or Order Filing 331 ORDER RELEASING CONFIDENTIAL HEARING TRANSCRIPT by Judge George H. Wu. This Court HEREBY ORDERS THAT the Official Court Reporter may release to the parties the confidential transcript of the August 8, 2023 Settlement Conference proceedings. See ECF No. 323. The settlement conference proceeding and transcript shall otherwise remain under seal pursuant to the protective order. RE: STIPULATION for Order Request for Order Releasing Confidential Hearing Transcript #330 . (aco)
October 17, 2023 Opinion or Order Filing 330 Joint STIPULATION for Order Request for Order Releasing Confidential Hearing Transcript filed by Defendant MacroAir Technologies, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Lobbin, Stephen)
September 28, 2023 Opinion or Order Filing 329 MINUTES OF TELEPHONIC SETTLEMENT CONFERENCE held before Judge George H. Wu. Court and counsel confer. For reasons stated on the record, the hearing is continued to October 30, 2023 at 8:30 a.m., with a joint status report to be filed by noon on October 26, 2023. Court Reporter: Wil Wilcox. (aco)
September 18, 2023 Opinion or Order Filing 328 MINUTES OF TELEPHONIC SETTLEMENT CONFERENCE held before Judge George H. Wu. Court and counsel confer. Settlement is being finalized. The Court continues the hearing to September 28, 2023 at 8:30 a.m. The parties are to file a stipulation to dismiss, or a joint status report by noon on September 26, 2023. Court Reporter: Terri A. Hourigan. (aco)
September 7, 2023 Opinion or Order Filing 327 MINUTES OF SETTLEMENT CONFERENCE held before Judge George H. Wu. Hearing is held by Zoom. Court and counsel confer. Settlement is being finalized. The Court continues the hearing to September 18, 2023 at 8:30 a.m. Case is recalled at 1:17 p.m. The parties appear by telephone. The Court has spoken to the insurance companies involved and insurance companies are requesting a copy of the executed settlement agreement and the W-9 form of the person receiving the check from the insurance companies. Court Reporter: Terri A. Hourigan. (aco)
August 31, 2023 Opinion or Order Filing 326 MINUTES OF TELEPHONIC SETTLEMENT CONFERENCE held before Judge George H. Wu. Court and counsel confer. For reasons stated on the record, the settlement conference is continued to September 7, 2023 at 12:00 p.m. The parties are to appear by Zoom with the court clerk providing the Zoom information at least two business days prior to the hearing. Court Reporter: Terri A. Hourigan. (aco)
August 21, 2023 Opinion or Order Filing 325 MINUTES OF TELEPHONIC SETTLEMENT CONFERENCE held before Judge George H. Wu. Court and counsel confer. For reasons stated on the record, the settlement conference is continued to August 31, 2023 at 8:30 a.m., with a joint report to be filed by noon on August 29, 2023. The pretrial conference set for August 31, 2023 and the trial set for September 12, 2023 are taken off-calendar. Court Reporter: Wil Wilcox. (aco)
August 14, 2023 Opinion or Order Filing 324 MINUTES OF TELEPHONIC SETTLEMENT CONFERENCE held before Judge George H. Wu. Court and counsel confer. For reasons stated on the record, the settlement conference is continued to August 21, 2023 at 9:30 a.m. Court Reporter: Terri A. Hourigan. (aco)
August 8, 2023 Opinion or Order Filing 323 MINUTES OF Settlement Conference held before Judge George H. Wu. Settlement conference is held off the record. Court and counsel confer. Confidential outstanding issues are placed on the record. The settlement conference is continued to August 14, 2023 at 8:30 a.m. The parties are to file a joint status report by noon on August 10, 2023. Court Reporter: Terri A. Hourigan. (rolm)
July 10, 2023 Opinion or Order Filing 322 MINUTES OF TELEPHONIC HEARING ON DEFENDANT'S APPLICATION FOR EX PARTE ORDER CONFIRMING TRIAL LENGTH AND LIMITING ASSERTED PATENT CLAIMS #308 held before Judge George H. Wu. Court and counsel confer. Defendant's Ex Parte Application is granted. The pretrial conference and trial dates are vacated and taken off-calendar. The parties agree to a settlement conference before this Court. A settlement conference is set for August 8, 2023 at 9:00 a.m. The parties are to submit their confidential settlement statements under seal or by email to the court clerk by August 2, 2023. The Court sets the following: Pretrial Conference August 31, 2023 at 8:30 a.m. Jury Trial September 12, 2023 at 9:00 a.m.; granting #308 EX PARTE APPLICATION for Review. Court Reporter: Terri A. Hourigan. (aco)
July 6, 2023 Opinion or Order Filing 321 MINUTES (IN CHAMBERS) by Judge George H. Wu: ORDER RE: PLAINTIFF'S MOTION TO CONSOLIDATE RELATED CASES #269 . For the reasons stated on the record at the July 6, 2023 Status Conference, Plaintiff' s Motion to Consolidate Related Cases is DENIED. (lc)
July 6, 2023 Opinion or Order Filing 320 MINUTES OF TELEPHONIC HEARING ON DEFENDANT'S APPLICATION FOR EX PARTE ORDER CONFIRMING TRIAL LENGTH AND LIMITING ASSERTED PATENT CLAIMS #308 held before Judge George H. Wu. Court hears oral argument. For reasons stated on the record, Defendant's Application is CONTINUED to July 10, 2023 at 8:30 a.m. Plaintiff's Motion to Consolidate Related Cases #269 is set for July 10, 2023 at 8:30 a.m. Defendant will resend the insurance policies to the court clerk forthwith. The pretrial conference order deadline to file is extended to July 14, 2023. Trial remains tentatively set for August 8, 2023 at 9:00 a.m. Court Reporter: Terri A. Hourigan. (aco)
July 3, 2023 Opinion or Order Filing 319 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The Court sets a hearing on DEFENDANTS APPLICATION FOR EX PARTE ORDER CONFIRMING TRIAL LENGTH AND LIMITING ASSERTED PATENT CLAIMS #308 for 7/6/2023 at 08:30 AM before Judge George H. Wu. Counsel may appear telephonically by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY
June 29, 2023 Opinion or Order Filing 318 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Plaintiff's Proposed "Customer Feedback" Evidence filed by Defendant MacroAir Technologies, Inc.. Motion set for hearing on 7/20/2023 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Declaration Stephen M. Lobbin, #2 Exhibit A, #3 Proposed Order)(Lobbin, Stephen)
June 29, 2023 Opinion or Order Filing 317 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant MacroAir Technologies, Inc.. (Lobbin, Stephen)
June 29, 2023 Opinion or Order Filing 316 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Delta T LLC. (Riley, Maura)
June 29, 2023 Opinion or Order Filing 315 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Preclude Invalidity Arguments and Comparison of Accused Products to Purported Prior Art filed by Plaintiff Delta T LLC. Motion set for hearing on 7/20/2023 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order)(Riley, Maura)
June 29, 2023 Opinion or Order Filing 314 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Evidence and References to No Longer Asserted/Unasserted Claims filed by Plaintiff Delta T LLC. Motion set for hearing on 7/20/2023 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order)(Riley, Maura)
June 29, 2023 Opinion or Order Filing 313 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude David v. Goliath Evidence and Arguments filed by Plaintiff Delta T LLC. Motion set for hearing on 7/20/2023 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order)(Riley, Maura)
June 29, 2023 Opinion or Order Filing 312 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude the Testimony of Walter Boyd filed by Plaintiff Delta T LLC. Motion set for hearing on 7/20/2023 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Declaration of John K. Burke, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order)(Riley, Maura)
June 27, 2023 Opinion or Order Filing 311 REPLY In Support Of EX PARTE APPLICATION for Review of And Confirm Trial Length And Limit Asserted Patent Claims re Order #20 #308 filed by Defendant MacroAir Technologies, Inc.. (Attachments: #1 Proposed Order)(Lobbin, Stephen)
June 27, 2023 Opinion or Order Filing 310 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: EX PARTE APPLICATION for Review of And Confirm Trial Length And Limit Asserted Patent Claims re Order #20 #308 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a 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. (rolm)
June 27, 2023 Opinion or Order Filing 309 Opposition in opposition re: EX PARTE APPLICATION for Review of And Confirm Trial Length And Limit Asserted Patent Claims re Order #20 #308 filed by Plaintiff Delta T LLC. (Attachments: #1 Declaration of John Burke, #2 Exhibit A)(Riley, Maura)
June 26, 2023 Opinion or Order Filing 308 EX PARTE APPLICATION for Review of And Confirm Trial Length And Limit Asserted Patent Claims re Order #20 filed by Defendant MacroAir Technologies, Inc.. (Attachments: #1 Declaration Stephen M. Lobbin, #2 Exhibit A, #3 Exhibit B) (Lobbin, Stephen)
June 23, 2023 Opinion or Order Filing 307 TRANSCRIPT ORDER as to Defendant MacroAir Technologies, Inc. for Court Reporter. Court will contact Melissa Macias at mmacias@deangazzo.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Attachments: #1 Supplement Transcript Order Form)(Dean, Mitchell)
June 22, 2023 Opinion or Order Filing 306 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/21/2022; 12/15/2022; 1/05/2023; 1/12/2023; 2/2/2023; 3/2/2023; 5/25/2023 re Transcript #304 , #305 , #302 , #303 , #299 , #301 , #300 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY
June 22, 2023 Opinion or Order Filing 305 TRANSCRIPT for proceedings held on 5/25/2023 8:30 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/13/2023. Redacted Transcript Deadline set for 7/24/2023. Release of Transcript Restriction set for 9/20/2023. (Hourigan, Terri)
June 22, 2023 Opinion or Order Filing 304 TRANSCRIPT for proceedings held on 3/2/2023 8:30 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/13/2023. Redacted Transcript Deadline set for 7/24/2023. Release of Transcript Restriction set for 9/20/2023. (Hourigan, Terri)
June 22, 2023 Opinion or Order Filing 303 TRANSCRIPT for proceedings held on 2/2/2023 8:30 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/13/2023. Redacted Transcript Deadline set for 7/24/2023. Release of Transcript Restriction set for 9/20/2023. (Hourigan, Terri)
June 22, 2023 Opinion or Order Filing 302 TRANSCRIPT for proceedings held on 1/12/2023 8:30 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/13/2023. Redacted Transcript Deadline set for 7/24/2023. Release of Transcript Restriction set for 9/20/2023. (Hourigan, Terri)
June 22, 2023 Opinion or Order Filing 301 TRANSCRIPT for proceedings held on 1/5/2023 8:30 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/13/2023. Redacted Transcript Deadline set for 7/24/2023. Release of Transcript Restriction set for 9/20/2023. (Hourigan, Terri)
June 22, 2023 Opinion or Order Filing 300 TRANSCRIPT for proceedings held on 12/15/2022 8:30 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/13/2023. Redacted Transcript Deadline set for 7/24/2023. Release of Transcript Restriction set for 9/20/2023. (Hourigan, Terri)
June 22, 2023 Opinion or Order Filing 299 TRANSCRIPT for proceedings held on 11/21/2022 8:30 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/13/2023. Redacted Transcript Deadline set for 7/24/2023. Release of Transcript Restriction set for 9/20/2023. (Hourigan, Terri)
May 25, 2023 Opinion or Order Filing 298 MINUTES OF DEFENDANT MACROAIR'S MOTION TO CONFIRM EASTERN DIVISION TRIAL VENUE #288 Hearing held before Judge George H. Wu. The Court's Tentative Ruling on Defendant's Motion #288 was issued on May 22, 2023 #297 . Oral argument is held. The Tentative Ruling is adopted as the Court's Final Ruling. Defendant's Motion is DENIED. Court and counsel discuss scheduling. The pretrial conference set for July 27, 2023 is advanced to July 20, 2023 at 8:30 a.m.; denying #288 MOTION to Change Venue to Eastern Division. Court Reporter: Terri A. Hourigan. (aco)
May 22, 2023 Opinion or Order Filing 297 MINUTES IN CHAMBERS - TENTATIVE RULING ON DEFENDANT MACROAIR'S MOTION TO CONFIRM EASTERN DIVISION TRIAL VENUE #288 by Judge George H. Wu. Attached hereto is the Court's Tentative Ruling on Defendants Motion #288 set for hearing on May 25, 2023 at 8:30 a.m. (aco)
May 22, 2023 Opinion or Order Filing 296 SCHEDULING NOTICE by Judge George H. WuTEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The parties are advised that the Motion Hearing #288 , set for Thursday, May 25, 2023 at 8:30 a.m. will be held in-person and not by telephone. Masks are required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY
May 11, 2023 Opinion or Order Filing 295 REPLY In Support Of NOTICE OF MOTION AND MOTION to Change Venue to Eastern Division Trial Venue #288 filed by Defendant MacroAir Technologies, Inc.. (Attachments: #1 Exhibit 1)(Lobbin, Stephen)
May 4, 2023 Opinion or Order Filing 294 OPPOSITION to NOTICE OF MOTION AND MOTION to Change Venue to Eastern Division Trial Venue #288 filed by Plaintiff Delta T LLC. (Riley, Maura)
May 2, 2023 Opinion or Order Filing 293 MINUTE ORDER IN CHAMBERS - ORDER by Judge George H. Wu. In light of the Joint Status Report #292 filed on April 28, 2023, the Court sets the following: BAF's Response Brief May 4, 2023;MacroAir's Reply Brief May 11, 2023;Hearing on Motion May 25, 2023 at 8:30 a.m. (lom)
April 28, 2023 Opinion or Order Filing 292 STATUS REPORT Re Meet and Confer Re Magistrate Judge Consent Program (Joint) filed by Plaintiff Delta T LLC. (Riley, Maura)
April 7, 2023 Opinion or Order Filing 291 MINUTES (IN CHAMBERS) ORDER RE: DEFENDANT'S MOTION TO CONFIRM EASTERN DIVISION TRIAL VENUE (DKT #288 ). The Court orders the parties to meet and confer regarding the consent program on or before April 21, 2023. The Court stays briefing on Defendant's motion pending the outcome of the parties' discussion. The parties shall file a joint status report on or before April 28, 2023, indicating whether they were able to reach an agreement. In the event the parties are unable to reach an agreement, the parties shall propose a briefing schedule for Defendant's Motion. The Court will then resume consideration of Defendant's Motion. (See document for further details). (aco)
April 7, 2023 Opinion or Order Filing 290 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance #289 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of 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)
April 6, 2023 Opinion or Order Filing 289 NOTICE of Appearance filed by attorney Stephen M Lobbin on behalf of Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc. (Lobbin, Stephen)
April 6, 2023 Opinion or Order Filing 288 NOTICE OF MOTION AND MOTION to Change Venue to Eastern Division Trial Venue filed by Defendant MacroAir Technologies, Inc., MacroAir Technologies, Inc.((Counterclaim filed 10/20/2020, DE 49)). Motion set for hearing on 5/4/2023 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Lobbin, Stephen)
March 2, 2023 Opinion or Order Filing 287 MINUTES OF TELEPHONIC POST-MEDIATION STATUS CONFERENCE held before Judge George H. Wu. Settlement is not reached. Court and counsel confer. For reasons stated on the record, defense counsel is to provide the Court with the insurance policies by close of business today. Defendant is allowed to make a written request to have this matter tried in another division. The Court sets the following: Pretrial Conference July 27, 2023 at 8:30 a.m. Jury Trial August 8, 2023 at 9:00 a.m. Court Reporter: Terri A. Hourigan. (aco)
February 28, 2023 Opinion or Order Filing 286 **AMENDED** TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel may appear telephonically for THURSDAY'S 03/02/2023 post mediation status conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY
February 28, 2023 Opinion or Order Filing 285 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel may appear telephonically for Monday's 03/02/2023 post mediation status conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY
February 27, 2023 Opinion or Order Filing 284 STATUS REPORT (Joint) filed by Plaintiff Delta T LLC. (Riley, Maura)
February 2, 2023 Opinion or Order Filing 283 MINUTES OF PLAINTIFF'S MOTION TO CONSOLIDATE RELATED CASES #269 held before Judge George H. Wu: The Court's Tentative Ruling on Plaintiffs Motion #269 was issued on January 31, 2023 #282 . Oral argument is held. The Court will stay its decision after mediation set on February 23, 2023. A post mediation status conference is set for March 2, 2023 at 8:30 a.m. The parties are to file a joint status report by noon on February 27, 2023. Plaintiff' s Motion is taken under submission. (et)
January 31, 2023 Opinion or Order Filing 282 MINUTE ORDER IN CHAMBERS - TENTATIVE RULING ON PLAINTIFF'S MOTION TO CONSOLIDATE RELATED CASES #269 by Judge George H. Wu. Attached hereto is the Court's Tentative Ruling on Plaintiff's Motion #269 set for hearing on February 2, 2023 at 8:30 a.m. (lom)
January 30, 2023 Opinion or Order Filing 281 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Due to the expiration of the CARES ACT in the Central District of California, the Motion Hearing #269 , set for Thursday, February 2, 2023 at 8:30 a.m. will be held in-person and not by telephone. Masks are required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY
January 24, 2023 Opinion or Order Filing 280 REPLY in Support NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 5:20-cv-01489-GW-GJS, #269 filed by Plaintiff Delta T LLC. (Riley, Maura)
January 17, 2023 Opinion or Order Filing 279 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 5:20-cv-01489-GW-GJS, #269 filed by Defendant MacroAir Technologies, Inc.. (Lobbin, Stephen)
January 13, 2023 Opinion or Order Filing 278 CERTIFICATE of Interested Parties filed by Plaintiff Delta T LLC, identifying Big Ass Holding, LLC and Madison IAQ LLC. (Riley, Maura)
January 12, 2023 Opinion or Order Filing 277 MINUTES OF TELEPHONIC CONFERENCE held before Judge George H. Wu. Court and counsel discuss mediation. Mediation will be held through JAMS in Chicago, Illinois subject to mediator availability. For reasons stated on the record, the Court takes the pretrial conference and trial dates off-calendar pending Plaintiff's Motion to Consolidate Related Cases #269 , set for hearing on February 2, 2023. Further dates, including a post mediation status conference, will be set at the February 2 date. Court Reporter: Terri A. Hourigan. (aco)
January 10, 2023 Opinion or Order Filing 276 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Thursday's 01/12/2023 status conference re mediation at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY
January 9, 2023 Opinion or Order Filing 275 STATUS REPORT re: Scheduling and Mediation (Joint) filed by Plaintiff Delta T LLC. (Riley, Maura)
January 5, 2023 Opinion or Order Filing 274 MINUTES OF TELEPHONIC CONFERENCE held before Judge George H. Wu. Court and counsel discuss scheduling. For reasons stated on the record, the status conference is continued to January 12, 2023 at 8:30 a.m. The parties are to file a joint scheduling and mediation report by noon on January 9, 2023. Court Reporter: Terri A. Hourigan. (aco)
January 3, 2023 Opinion or Order Filing 273 STATUS REPORT re: Mediation (Joint) filed by Plaintiff Delta T LLC. (Riley, Maura)
January 3, 2023 Opinion or Order Filing 272 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Thursday's 01/05/2023 status conference re mediation at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY
December 27, 2022 Opinion or Order Filing 271 MINUTES IN CHAMBERS ORDER by Judge George H. Wu. The Court has received the parties' Joint Proposed Briefing Schedule re Motion to Consolidate (ECF No. 270). Based thereon, the Court sets the hearing date for said motion on February 2, 2023 at 8:30 a.m. (aco)
December 23, 2022 Opinion or Order Filing 270 Notice of Joint Proposed Briefing Schedule filed by Plaintiff Delta T LLC. (Riley, Maura)
December 23, 2022 Opinion or Order Filing 269 NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 5:20-cv-01489-GW-GJS, filed by Plaintiff Delta T LLC. Motion set for hearing on 2/2/2023 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum, #2 Proposed Order) (Riley, Maura)
December 22, 2022 Opinion or Order Filing 268 MINUTES OF TELEPHONIC CONFERENCE held before Judge George H. Wu. Court and counsel confer re consolidation with Delta T LLC v. MacroAir Technologies, Inc., EDCV 20-1489-GW-GJSx. For reasons stated on the record, the Court will allow Plaintiff to renew its motion to consolidate. The parties are to meet and confer, and file a briefing schedule as to the motion as soon as conveniently possible. The Court continues the status conference to February 2, 2023 at 8:30 a.m. Pursuant to Plaintiff's counsel's representation, Claim 15 is the only asserted claim in the `588 Patent. Court confers with the parties re mediation. The Court sets a status conference re mediation for January 5, 2023 at 8:30 a.m. The parties are to file a joint report by January 3, 2023. Court Reporter: Katie E. Thibodeaux. (aco)
December 21, 2022 Opinion or Order Filing 267 MINUTES IN CHAMBERS-ORDER by Judge George H. Wu. Before the Court are several motions for summary judgment and related motions and objections. The Court now adopts as its Final Rulings its Tentative Rulings on the remaining motions, as summarized in the table below (SEE ATTACHED FOR FURTHER DETAILS).; granting #165 MOTION to Dismiss Partial Dismissal of Patent Invalidity Counterclaims; granting #166 MOTION for Partial Summary Judgment; denying #168 MOTION to Exclude; granting in part and denying in part #169 MOTION to Exclude; denying #172 MOTION for Summary Adjudication as to False Advertising; denying #173 MOTION for Summary Adjudication as to Patent Validity and Infringement; denying #174 MOTION for Summary Adjudication as to Patent Non-Infringement and Invalidity; denying #175 MOTION for Summary Adjudication as to No False Advertising; denying #186 MOTION to Exclude; denying #187 MOTION for Summary Adjudication as to False Advertising; denying #188 MOTION FOR SUMMARY ADJUDICATION AS TO NO FALSE ADVERTISING; granting in part #203 MOTION to Exclude; denying as moot #216 REQUEST for Ruling on Evidentiary Rulings; granting #242 EX PARTE APPLICATION to Strike. (aco)
December 21, 2022 Opinion or Order Filing 266 MINUTES IN CHAMBERS-ORDER by Judge George H. Wu. The Court has reviewed the Joint Status Report Re: PTAB Decision and Remaining Proceedings (Docket No. 265) and orders as follows. At the December 22, 2022 hearing, the parties shall be prepared to discuss the following: (See document for further details). (aco)
December 20, 2022 Opinion or Order Filing 265 STATUS REPORT (Joint) filed by Plaintiff Delta T LLC. (Attachments: #1 Exhibit A)(Riley, Maura)
December 20, 2022 Opinion or Order Filing 264 IN CHAMBERS - FINAL RULING ADDRESSING THE PARTIES' SUPPLEMENTAL SUMMARY JUDGMENT BRIEFING by Judge George H. Wu. Attached hereto is the Court's Final Ruling Addressing the Parties' Supplemental Summary Judgment Briefing. (aco)
December 19, 2022 Opinion or Order Filing 263 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Thursday's 12/22/2022 status conference at 12:30 p.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY
December 15, 2022 Opinion or Order Filing 262 MINUTES OF DELTA T LLC'S MOTION FOR PARTIAL DISMISSAL OF PATENT INVALIDITY COUNTERCLAIMS #165 ; DELTA T LLC'S MOTION FOR PARTIAL SUMMARY JUDGEMENT OF NO INVALIDITY #166 ; DELTA T LLC'S MOTION TO EXCLUDE DAVID HANSON ON ISSUES OF FALSE ADVERTISING DAMAGES [203; U/S 179]; MACROAIR'S DAUBERT MOTION TO EXCLUDE TESTIMONY OF BAF's PROFFERED EXPERTS [168; U/S 186]; DELTA T LLC'S MOTION TO EXCLUDE DAVID C. PAULUS FROM PROVIDING EXPERT TESTIMONY ON ISSUES OF PATENT INVALIDITY #169 ; MACROAIR'S MOTION FOR SUMMARY ADJUDICATION OF FALSE ADVERTISING [172; U/S 187]; MACROAIR'S MOTION FOR SUMMARY ADJUDICATION OF VALIDITY AND INFRINGEMENT OF MACROAIR'S U.S. PATENT NO. 8,579,588 #173 ; MACROAIR'S MOTION FOR SUMMARY ADJUDICATION OF ON-INFRINGEMENT AND INVALIDITY OF PLAINTIFF BAF'S PATENTS-IN-SUIT #174 ; and ACROAIR'S MOTION FOR SUMMARY ADJUDICATION OF NO FALSE ADVERTISING BY MACROAIR [175; U/S 188] Hearing held before Judge George H. Wu. The Court's Tentative Ruling Addressing the Parties' Supplemental Summary Judgment Briefing, was issued on December 15, 2022 #261 . Court hears oral argument. For reasons stated on the record, the above-entitled motions are taken under submission. Court and counsel confer. The Court sets a status conference for December 22, 2022 at 12:30 p.m. The parties are to file a joint report as to the PTAB decision and consolidation of both cases (EDCV 20- 1489-GW-GJSx) by noon on December 20, 2022. Court Reporter: Terri A. Hourigan. (aco)
December 15, 2022 Opinion or Order Filing 261 MINUTE ORDER - IN CHAMBERS by Judge George H. Wu: Attached hereto is the Courts Tentative Ruling Addressing the Parties Supplemental Summary Judgment Briefing, set for hearing on December 15, 2022 at 8:30 a.m. (jag)
December 14, 2022 Opinion or Order Filing 260 STATUS REPORT (Joint) Re: PTAB Decision filed by Plaintiff Delta T LLC. (Attachments: #1 Exhibit A)(Riley, Maura)
December 12, 2022 Opinion or Order Filing 259 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Due to the expiration of the CARES ACT in the Central District of California, the MOTIONS HEARING, set for Thursday, December 15, 2022 at 8:30 a.m. will now be held in-person and not by telephone. Masks are required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY
December 7, 2022 Opinion or Order Filing 258 RESPONSE filed by Plaintiff Delta T LLCto Statement,,,, #256 (Attachments: #1 Declaration of Maura Riley, #2 Exhibit A, #3 Exhibit B)(Riley, Maura)
December 1, 2022 Opinion or Order Filing 257 TRANSCRIPT ORDER as to Plaintiff Delta T LLC for Court Reporter. Court will contact Maura Riley at mriley@vedderprice.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Riley, Maura)
November 30, 2022 Opinion or Order Filing 256 STATEMENT Supplemental Statement re Tentative Rulings filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc. re: Minutes of In Chambers Order/Directive - no proceeding held #251 , Minutes of In Chambers Order/Directive - no proceeding held #248 , Minutes of In Chambers Order/Directive - no proceeding held #253 , Minutes of In Chambers Order/Directive - no proceeding held #250 , Minutes of In Chambers Order/Directive - no proceeding held #249 , Minutes of In Chambers Order/Directive - no proceeding held #247 , Order on Motion to Dismiss,,,,,,,, Order on Motion for Partial Summary Judgment,,,,,,,, Order on Motion to Exclude,,,,,,,,,,,,,,,, Order on Motion for Summary Adjudication,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Order on Sealed Motion (Generic sealed motion type event),,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Motion Hearing,,,,,,,, Set/Reset Deadlines/Hearings,,,,,,, #255 , Minutes of In Chambers Order/Directive - no proceeding held #252 , Minutes of In Chambers Order/Directive - no proceeding held, #254 . (Lobbin, Stephen)
November 21, 2022 Opinion or Order Filing 255 MINUTES OF DELTA T LLC'S MOTION FOR PARTIAL DISMISSAL OF PATENT INVALIDITY COUNTERCLAIMS #165 ; DELTA T LLC'S MOTION FOR PARTIAL SUMMARY JUDGEMENT OF NO INVALIDITY #166 ; DELTA T LLC'S MOTION TO EXCLUDE DAVID HANSON ON ISSUES OF FALSE ADVERTISING DAMAGES [203; U/S 179]; MACROAIR'S DAUBERT MOTION TO EXCLUDE TESTIMONY OF BAF's PROFFERED EXPERTS [168; U/S 186]; DELTA T LLC'S MOTION TO EXCLUDE DAVID C. PAULUS FROM PROVIDING EXPERT TESTIMONY ON ISSUES OF PATENT INVALIDITY #169 ; MACROAIR'S MOTION FOR SUMMARY ADJUDICATION OF FALSE ADVERTISING [172; U/S 187]; MACROAIR'S MOTION FOR SUMMARY ADJUDICATION OF VALIDITY AND INFRINGEMENT OF MACROAIR'S U.S. PATENT NO. 8,579,588 #173 ; MACROAIR'S MOTION FOR SUMMARY ADJUDICATION OF NON-INFRINGEMENT AND INVALIDITY OF PLAINTIFF BAF'S PATENTS-IN-SUIT #174 ; MACROAIR'S MOTION FOR SUMMARY ADJUDICATION OF NO FALSE ADVERTISING BY MACROAIR [175; U/S 188] Hearing held before Judge George H. Wu. The parties agree to the Tentative Ruling being placed on the docket publicly. The matter is taken under submission. Defendant's supplemental materials are to be filed by November 30, 2022. Plaintiff's responses are due by December 7, 2022. The Motions are continued to December 15, 2022 at 8:30 a.m.; taking under advisement #165 MOTION to Dismiss; taking under advisement #166 MOTION for Partial Summary Judgment; taking under advisement #168 MOTION to Exclude; taking under advisement #169 MOTION to Exclude; taking under advisement #172 MOTION for Summary Adjudication; taking under advisement #173 MOTION for Summary Adjudication; taking under advisement #174 MOTION for Summary Adjudication; taking under advisement #175 MOTION for Summary Adjudication; taking under advisement #203 MOTION to Exclude. (SEE DOCUMENT FOR FURTHER DETAILS). Court Reporter: Terri A. Hourigan. (aco)
November 21, 2022 Opinion or Order Filing 254 MINUTES IN CHAMBERS - TENTATIVE RULING ON MACROAIR'S DAUBERT MOTION TO EXCLUDE TESTIMONY OF BAF's PROFFERED EXPERTS [168; U/S 186] by Judge George H. Wu. Attached hereto is the Court's Tentative Ruling on Delta Ts Motion [168; U/S 186] set for hearing on November 21, 2022 at 8:30 a.m. (aco)
November 18, 2022 Opinion or Order Filing 253 MINUTE ORDER - IN CHAMBERS by Judge George H. Wu: Attached hereto is the Courts Tentative Ruling on Delta Ts Motion #203 ; U/S #179 set for hearing on November 21, 2022 at 8:30 a.m. (jag)
November 18, 2022 Opinion or Order Filing 252 **AMENDED** MINUTE ORDER IN - CHAMBERS by Judge George H. Wu: Attached hereto is the Courts Tentative Ruling on Delta Ts Motion #165 set for hearing on November 21, 2022 at 8:30 a.m. (jag)
November 18, 2022 Opinion or Order Filing 251 MINUTE ORDER - IN CHAMBERS by Judge George H. Wu: Attached hereto is the Courts Tentative Ruling on Delta Ts Motion #165 set for hearing on November 21, 2022 at 8:30 a.m. (jag)
November 18, 2022 Opinion or Order Filing 250 MINUTE ORDER - IN CHAMBERS by Judge George H. Wu: Attached hereto is the Courts Tentative Ruling on Motions #169 #166 #174 set for hearing on November 21, 2022 at 8:30 a.m. (jag)
November 18, 2022 Opinion or Order Filing 249 **AMENDED** MINUTE ORDER - IN CHAMBERS by Judge George H. Wu: Attached hereto is the Courts Tentative Ruling on Defendants Motions #172 ; U/S #187 #175 ; U/S #188 , set for hearing on November 21, 2022 at 8:30 a.m. (jag)
November 18, 2022 Opinion or Order Filing 248 MINUTE ORDER - IN CHAMBERS by Judge George H. Wu: Attached hereto is the Courts Tentative Ruling on Defendants Motions [172[; U/S #187 #175 ; U/S #188 , set for hearing on November 21, 2022 at 8:30 a.m. (jag)
November 18, 2022 Opinion or Order Filing 247 MINUTE ORDER - IN CHAMBERS by Judge George H. Wu: Attached hereto is the Courts Tentative Ruling on Defendants Motion #173 , and Plaintiffs Ex Parte Application #242 set for hearing on November 21, 2022 at 8:30 a.m. (jag)
November 17, 2022 Opinion or Order Filing 246 OPPOSITION to EX PARTE APPLICATION to Strike the Untimely Expert Declaration and Exclude Opinion Testimony of David C. Paulus #242 filed by Defendant MacroAir Technologies, Inc.. (Osborn, Joshua)
November 17, 2022 Opinion or Order Filing 245 REDACTED APPENDIX RESPONSE TO STATEMENT OF GENUINE ISSUES re NOTICE OF MOTION AND MOTION for Summary Adjudication as to No False Advertising #175 filed by Counter Claimant MacroAir Technologies, Inc.. (Osborn, Joshua)
November 17, 2022 Opinion or Order Filing 244 REDACTED APPENDIX RESPONSE TO STATEMENT OF GENUINE ISSUES re NOTICE OF MOTION AND MOTION for Summary Adjudication as to False Advertising By Counterdefendant BAF #172 filed by Counter Claimant MacroAir Technologies, Inc.. (Osborn, Joshua)
November 17, 2022 Opinion or Order Filing 243 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Due to the expiration of the CARES ACT in the Central District of California, the Motions Hearing, set for Monday, November 21, 2022 at 8:30 a.m. will now be held in-person and not by telephone. Masks are required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY
November 15, 2022 Opinion or Order Filing 242 EX PARTE APPLICATION to Strike the Untimely Expert Declaration and Exclude Opinion Testimony of David C. Paulus filed by Plaintiff Delta T LLC. (Attachments: #1 Proposed Order) (Riley, Maura)
November 8, 2022 Opinion or Order Filing 241 REPLY In Support Of NOTICE OF MOTION AND MOTION for Summary Adjudication as to No False Advertising #175 filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Lobbin, Stephen)
November 8, 2022 Opinion or Order Filing 240 REPLY In Support Of NOTICE OF MOTION AND MOTION for Summary Adjudication as to False Advertising By Counterdefendant BAF #172 filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Lobbin, Stephen)
November 8, 2022 Opinion or Order Filing 239 REPLY In Support Of NOTICE OF MOTION AND MOTION for Summary Adjudication as to Patent Non-Infringement and Invalidity re BAF Patents #174 filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Attachments: #1 Appendix Response to Statement of Genuine Issues)(Lobbin, Stephen)
November 8, 2022 Opinion or Order Filing 238 OPPOSITION In Opposition To re: REQUEST for Ruling Evidentiary Rulings on Specified Objections #216 filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Lobbin, Stephen)
November 8, 2022 Opinion or Order Filing 237 REPLY In Support NOTICE OF MOTION AND MOTION to Exclude Experts Under FRE 702 and Daubert #168 filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Lobbin, Stephen)
November 8, 2022 Opinion or Order Filing 236 REPLY In Support NOTICE OF MOTION AND MOTION for Summary Adjudication as to Patent Validity and Infringement #173 filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Attachments: #1 Declaration David C. Paulus, Ph.D., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Appendix Response to Statement of Genuine Disputes)(Lobbin, Stephen)
November 8, 2022 Opinion or Order Filing 235 SEALED REQUEST for Ruling On Specified Evidentiary Objections re Order on Motion for Leave to File Document Under Seal,, #220 , Order on Motion for Leave to File Document Under Seal, #177 filed by Plaintiff Delta T LLC.(Riley, Maura)
November 8, 2022 Opinion or Order Filing 234 REQUEST for Ruling On Specified Evidentiary Objections filed by Plaintiff Delta T LLC. (Riley, Maura)
November 8, 2022 Opinion or Order Filing 233 REPLY In Support NOTICE OF MOTION AND MOTION to Exclude David C. Paulus From Providing Expert Testimony on Issues of Patent Invalidity #169 filed by Plaintiff Delta T LLC. (Riley, Maura)
November 8, 2022 Opinion or Order Filing 232 SEALED REPLY RE NOTICE OF MOTION AND MOTION to Exclude David Hanson on Issues of Patent Damages #167 , Order on Motion for Leave to File Document Under Seal, #177 filed by Plaintiff Delta T LLC.(Riley, Maura)
November 8, 2022 Opinion or Order Filing 231 REPLY In Support NOTICE OF MOTION AND MOTION to Exclude David Hanson on Issues of Patent Damages #167 filed by Plaintiff Delta T LLC. (Attachments: #1 Declaration of Maura Riley, #2 Exhibit A)(Riley, Maura)
November 8, 2022 Opinion or Order Filing 230 REPLY In Support NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to No Invalidity #166 filed by Plaintiff Delta T LLC. (Attachments: #1 Supplement Delta T LLC, d/b/a Big Ass Fans Response to MacroAir Technologies, Inc.s Statement of Genuine Disputes Re BAFs Motion for Summary Adjudication of No Invalidity of BAFs Patents-in-Suit)(Riley, Maura)
November 8, 2022 Opinion or Order Filing 229 REPLY to Opposition to NOTICE OF MOTION AND MOTION to Dismiss Partial Dismissal of Patent Invalidity Counterclaims #165 filed by Plaintiff Delta T LLC. (Riley, Maura)
October 31, 2022 Opinion or Order Filing 228 ORDER GRANTING DELTA T LLC, D/B/A BIG ASS FANS' EX PARTE APPLICATION TO PLACE ECF NO. 215-10 UNDER SEAL by Judge George H. Wu. The Court orders as follows: 1. BAF's ex parte application to place ECF No. 215-10 under seal is GRANTED. 2. ECF No. 215-10 is under seal from the Court's file.; granting #221 EX PARTE APPLICATION for Order. (aco)
October 31, 2022 Opinion or Order Filing 227 SEALED OPPOSITION RE Response in Opposition to Motion,, #217 , Order on Motion for Leave to File Document Under Seal,, #220 filed by Plaintiff Delta T LLC. (Attachments: #1 Supplement, #2 Exhibit 8)(Riley, Maura)
October 31, 2022 Opinion or Order Filing 226 SEALED DOCUMENT re REQUEST for Ruling Evidentiary Rulings on Specified Objections #216 , Order on Motion for Leave to File Document Under Seal,, #220 filed by Plaintiff Delta T LLC.(Riley, Maura)
October 31, 2022 Opinion or Order Filing 225 SEALED OPPOSITION RE Response in Opposition to Motion, #215 , Order on Motion for Leave to File Document Under Seal,, #220 filed by Plaintiff Delta T LLC. (Attachments: #1 Supplement, #2 Exhibit 2)(Riley, Maura)
October 31, 2022 Opinion or Order Filing 224 SEALED DOCUMENT , Exhibit 2, re Response in Opposition to Motion,,, #213 , Order on Motion for Leave to File Document Under Seal,, #220 filed by Plaintiff Delta T LLC.(Riley, Maura)
October 31, 2022 Opinion or Order Filing 223 SEALED OPPOSITION RE Response in Opposition to Motion, #209 , Order on Motion for Leave to File Document Under Seal,, #220 filed by Plaintiff Delta T LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 5)(Riley, Maura)
October 28, 2022 Opinion or Order Filing 222 NOTICE OF ERRATA filed by Plaintiff Delta T LLC. correcting Response in Opposition to Motion, #215 (Attachments: #1 Exhibit 8 (Corrected), #2 Declaration of Maura Riley (Corrected))(Riley, Maura)
October 28, 2022 Opinion or Order Filing 221 EX PARTE APPLICATION for Order for Expunging ECF No. 215-10 (Unopposed) filed by Plaintiff Delta T LLC. (Attachments: #1 Proposed Order) (Riley, Maura)
October 27, 2022 Opinion or Order Filing 220 ORDER GRANTING DELTA T LLC'S APPLICATION TO FILE DOCUMENTS UNDER SEAL RE: RESPONSES TO MACROAIR'S MOTIONS FOR SUMMARY JUDGMENT AND DAUBERT MOTIONS by Judge George H. Wu. The Court hereby orders that the Application is GRANTED. The following documents related to BAF's Motion will be redacted in the Court's record: (SEE DOCUMENT FOR FURTHER DETAILS).; granting #218 APPLICATION to file document , Responses to Macroair's Motions for Summary Judgment and Daubert Motions under seal. (aco)
October 26, 2022 Opinion or Order Filing 219 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document , Responses to Macroair's Motions for Summary Judgment and Daubert Motions under seal #218 filed by Plaintiff Delta T LLC. (Attachments: #1 Unredacted Document, #2 Unredacted Document, #3 Unredacted Document, #4 Unredacted Document, #5 Unredacted Document, #6 Unredacted Document, #7 Unredacted Document, #8 Unredacted Document, #9 Unredacted Document, #10 Unredacted Document, #11 Unredacted Document, #12 Unredacted Document)(Riley, Maura)
October 26, 2022 Opinion or Order Filing 218 APPLICATION to file document , Responses to Macroair's Motions for Summary Judgment and Daubert Motions under seal filed by Plaintiff Delta T LLC. (Attachments: #1 Proposed Order)(Riley, Maura)
October 26, 2022 Opinion or Order Filing 217 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Adjudication as to False Advertising By Counterdefendant BAF #172 filed by Plaintiff Delta T LLC. (Attachments: #1 Supplement Delta T LLC's Statement of Genuine Disputes in Support of Opposition to Motion for Summary Judgment of False Advertising, #2 Declaration of Maura Riley, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12)(Riley, Maura)
October 26, 2022 Opinion or Order Filing 216 REQUEST for Ruling Evidentiary Rulings on Specified Objections filed by Plaintiff Delta T LLC. Request set for hearing on 11/21/2022 at 08:30 AM before Judge George H. Wu. (Riley, Maura)
October 26, 2022 Opinion or Order Filing 215 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Adjudication as to No False Advertising #175 filed by Plaintiff Delta T LLC. (Attachments: #1 Supplement Delta T LLC's Statement of Genuine Disputes in Support of Opposition to Motion for Summary Judgment of No False Advertising, #2 Declaration of Maura Riley, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8)(Riley, Maura)
October 25, 2022 Opinion or Order Filing 214 OPPOSITION to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to No Invalidity #166 filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Attachments: #1 Declaration David C. Paulus, #2 Declaration Eddie Boyd, #3 Supplement Statement of Genuine Disputes)(Lobbin, Stephen)
October 25, 2022 Opinion or Order Filing 213 OPPOSITION filed by Plaintiff Delta T LLC. (Attachments: #1 Supplement Delta T LLC's Statement of Genuine Disputes in Support of Its Response to Motion for Adjudication of Noninfringement and Invalidity of BAFs Patents-in-Suit, #2 Declaration of Maura Riley, #3 Exhibit 1, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31)(Riley, Maura)
October 25, 2022 Opinion or Order Filing 212 OPPOSITION to NOTICE OF MOTION AND MOTION to Exclude David C. Paulus From Providing Expert Testimony on Issues of Patent Invalidity #169 filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Attachments: #1 Declaration David C. Paulus, PhD, #2 Declaration Eddie Boyd)(Lobbin, Stephen)
October 25, 2022 Opinion or Order Filing 211 OPPOSITION to NOTICE OF MOTION AND MOTION to Exclude David Hanson on Issues of Patent Damages (Corrected, previously filed as ECF No. 167) #203 filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Attachments: #1 Exhibit 1, #2 Declaration Eddie Boyd)(Lobbin, Stephen)
October 25, 2022 Opinion or Order Filing 210 OPPOSITION filed by Plaintiff Delta T LLC. (Attachments: #1 Supplement Delta T LLC's Statement of Genuine Disputes in Support of Opposition to Motion for Summary Judgment of Infringement, #2 Declaration of Maura Riley, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5)(Riley, Maura)
October 25, 2022 Opinion or Order Filing 209 OPPOSITION to NOTICE OF MOTION AND MOTION to Exclude Experts Under FRE 702 and Daubert #168 (Delta T LLC, d/b/a Big Ass Fans's Response to Macroair Technologies, Inc.'s Daubert Motions) filed by Plaintiff Delta T LLC. (Attachments: #1 Declaration of Maura Riley, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Riley, Maura)
October 25, 2022 Opinion or Order Filing 208 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Partial Dismissal of Patent Invalidity Counterclaims #165 filed by Counter Claimant MacroAir Technologies, Inc.. (Attachments: #1 Appendix)(Lobbin, Stephen)
October 3, 2022 Opinion or Order Filing 207 STATEMENT of Uncontroverted Facts NOTICE OF MOTION AND MOTION for Summary Adjudication as to No False Advertising #175 Amended Statement (Redacted) filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Lobbin, Stephen)
October 3, 2022 Opinion or Order Filing 206 STATEMENT of Uncontroverted Facts NOTICE OF MOTION AND MOTION for Summary Adjudication as to False Advertising By Counterdefendant BAF #172 Amended Statement (Redacted) filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Lobbin, Stephen)
October 3, 2022 Opinion or Order Filing 205 STATEMENT of Uncontroverted Facts NOTICE OF MOTION AND MOTION for Summary Adjudication as to Patent Non-Infringement and Invalidity re BAF Patents #174 Amended Statement filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Lobbin, Stephen)
October 3, 2022 Opinion or Order Filing 204 STATEMENT of Uncontroverted Facts NOTICE OF MOTION AND MOTION for Summary Adjudication as to Patent Validity and Infringement #173 Amended Statement filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Lobbin, Stephen)
September 30, 2022 Opinion or Order Filing 203 NOTICE OF MOTION AND MOTION to Exclude David Hanson on Issues of Patent Damages (Corrected, previously filed as ECF No. 167) filed by Plaintiff Delta T LLC. (Riley, Maura)
September 28, 2022 Opinion or Order Filing 202 MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFF'S MOTION FOR LEAVE TO FILE CORRECTED MOTION (DKT. 195) by Judge George H. Wu. In light of the Amended Scheduling Order entered on September 27, 2022 (Dkt 201) and the parties' Amended Stipulated Request for Amended Scheduling Order (Dkt. 200), Plaintiff's Motion for Leave to File Corrected Motion (Dkt. 195) is GRANTED. Plaintiff may file its corrected motion on or before October 3, 2022. The hearing set for October 13, 2022 at 8:30 a.m. is vacated.; granting #195 MOTION for Leave to File. (aco)
September 26, 2022 Opinion or Order Filing 201 AMENDED SCHEDULING ORDER by Judge George H. Wu. It is hereby ORDERED that: A new pretrial and trial schedule is as follows: Joint Status Report January 31, 2023; Status/Pre-trial Conf. Feb. 2, 2023 (8:30 a.m.); Jury Trial to Begin Feb. 14, 2023 (9:00 a.m.). RE: Stipulation to Continue, #200 . (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
September 25, 2022 Opinion or Order Filing 200 Amended STIPULATION to Continue Daubert Briefing and PTC and Trial Dates from Jan 3 (trial) to Feb 14 Re: Stipulation to Continue, #197 filed by Defendant MacroAir Technologies, Inc., MacroAir Technologies, Inc.((Counterclaim filed 10/20/2020, DE 49)). (Attachments: #1 Proposed Order)(Lobbin, Stephen)
September 22, 2022 Opinion or Order Filing 199 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Leave to file Corrected Motion #195 filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Lobbin, Stephen)
September 22, 2022 Opinion or Order Filing 198 ORDER RE: PLAINTIFF'S Ex PARTE APPLICATION TO STRIKE DEFE1'1DANT'S STATEMENTS OF UNCONTROVERTED FACTS A1'1D CONCLUSIONS OF LAW #192 by Judge George H. Wu. Plaintiffs ex parte application is GRANTED. The Court STRIKES Defendants SUFs and ORDERS Defendant to file revised SUFs on or before October 3, 2022. The Court continues the affected deadlines as set forth above. IT IS SO ORDERED. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
September 21, 2022 Opinion or Order Filing 197 STIPULATION to Continue Motion Briefing, Pretrial and Trial Dates Re: NOTICE OF MOTION AND MOTION for Leave to file Corrected Motion #195 , Order on Motion to Strike,, #196 filed by Defendant and Counterclaimant MacroAir Technologies, Inc., MacroAir Technologies, Inc.((Counterclaim filed 10/20/2020, DE 49)). (Attachments: #1 Proposed Order)(Lobbin, Stephen)
September 19, 2022 Opinion or Order Filing 196 MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFF'S EX PARTE APPLICATION TO STRIKE DEFENDANT'S STATEMENTS OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW (DKT. 192) by Judge George H. Wu. Plaintiff's ex parte application is GRANTED. The Court STRIKES Defendant's SUFs and ORDERS Defendant to file revised SUFs on or before September 26, 2022. The Court continues the affected deadlines as set forth above.; granting #192 EX PARTE APPLICATION to Strike MacroAir's Statements of Uncontroverted Facts and Conclusions of Law . (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
September 15, 2022 Opinion or Order Filing 195 NOTICE OF MOTION AND MOTION for Leave to file Corrected Motion filed by Plaintiff Delta T LLC. Motion set for hearing on 10/13/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Riley, Maura)
September 15, 2022 Opinion or Order Filing 194 OPPOSITION to EX PARTE APPLICATION to Strike MacroAir's Statements of Uncontroverted Facts and Conclusions of Law #192 filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Attachments: #1 Declaration Stephen M. Lobbin)(Lobbin, Stephen)
September 13, 2022 Opinion or Order Filing 193 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice (Other), #191 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Service of Subsequent Document Filings > Proof of Service (subsequent documents). 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. (aco)
September 13, 2022 Opinion or Order Filing 192 EX PARTE APPLICATION to Strike MacroAir's Statements of Uncontroverted Facts and Conclusions of Law filed by Plaintiff Delta T LLC. (Attachments: #1 Declaration of Maura Riley, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Proposed Order) (Riley, Maura)
September 13, 2022 Opinion or Order Filing 191 Notice Redacted Exhibits filed by Defendant and Counterclaimant MacroAir Technologies, Inc.. (Attachments: #1 Redacted Document EXHIBIT E TO MOTION TO EXCLUDE [PUBLIC], #2 Redacted Document DECLARATION OF DAVID C. PAULUS TO MOTION FOR SUMMARY ADJUDICATION AS TO NO FALSE ADVERTISING BY MACROAIR [PUBLIC], #3 Redacted Document STATEMENT OF FACTS TO MOTION FOR SUMMARY ADJUDICATION AS TO NO FALSE ADVERTISING BY MACROAIR [PUBLIC], #4 Redacted Document DECLARATION OF DAVID C. PAULUS REBUTTAL TO MOTION FOR SUMMARY ADJUDICATION AS TO FALSE ADVERTISING BY BAF [PUBLIC], #5 Redacted Document STATEMENT OF FACTS TO MOTION FOR SUMMARY ADJUDICATION AS TO FALSE ADVERTISING BY BAF [PUBLIC], #6 Redacted Document DECLARATION OF DAVID C. PAULUS REBUTTAL TO MOTION FOR SUMMARY ADJUDICATION AS TO PATENT VALIDITY AND INFRINGEMENT [PUBLIC], #7 Redacted Document DECLARATION OF DAVID C. PAULUS REBUTTAL TO MOTION FOR SUMMARY ADJUDICATION AS TO PATENT NON-INFRINGEMENT AND INVALIDITY RE BAF PATENTS [PUBLIC])(Osborn, Joshua)
September 13, 2022 Opinion or Order Filing 190 SEALED DOCUMENT DECLARATION OF DAVID C. PAULUS REBUTTAL re NOTICE OF MOTION AND MOTION for Summary Adjudication as to Patent Non-Infringement and Invalidity re BAF Patents #174 , Order on Motion for Leave to File Document, #182 filed by Defendant MacroAir Technologies, Inc..(Osborn, Joshua)
September 13, 2022 Opinion or Order Filing 189 SEALED DOCUMENT DECLARATION OF DAVID C. PAULUS REBUTTAL re NOTICE OF MOTION AND MOTION for Summary Adjudication as to Patent Validity and Infringement #173 , Order on Motion for Leave to File Document, #182 filed by Defendant MacroAir Technologies, Inc..(Osborn, Joshua)
September 13, 2022 Opinion or Order Filing 188 SEALED NOTICE OF MOTION AND MOTION FOR SUMMARY ADJUDICATION AS TO NO FALSE ADVERTISING BY MACROAIR re Order on Motion for Leave to File Document, #182 filed by Defendant MacroAir Technologies, Inc.. Motion set for hearing on 10/20/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Declaration DECLARATION OF DAVID C. PAULUS, #2 Unredacted Document STATEMENT OF FACTS)(Osborn, Joshua)
September 13, 2022 Opinion or Order Filing 187 SEALED NOTICE OF MOTION AND MOTION for Summary Adjudication as to False Advertising By BAF re Order on Motion for Leave to File Document, #182 filed by Counter Claimant MacroAir Technologies, Inc.. Motion set for hearing on 10/20/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Unredacted Document STATEMENT OF FACTS [SEALED], #2 Declaration DECLARATION OF DAVID C. PAULUS REBUTTAL [SEALED])(Attorney Joshua Osborn added to party MacroAir Technologies, Inc.(pty:cc))(Osborn, Joshua)
September 13, 2022 Opinion or Order Filing 186 SEALED NOTICE OF MOTION AND MOTION to Exclude Experts Under FRE 702 and Daubert re Order on Motion for Leave to File Document, #182 filed by Defendant MacroAir Technologies, Inc.. Motion set for hearing on 10/20/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Exhibit Exhibit E, #2 Exhibit Exhibit F, #3 Exhibit Exhibit G, #4 Exhibit Exhibit H, #5 Exhibit Exhibit J)(Attorney Joshua Osborn added to party MacroAir Technologies, Inc.(pty:dft))(Osborn, Joshua)
September 9, 2022 Opinion or Order Filing 185 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. Wu. APPLICATION of Attorney Monika J. Malek to Appear Pro Hac Vice on behalf of Plaintiff Delta T LLC, designating Maura L. Riley as local counsel.; granting #184 Non-Resident Attorney Monika J. Malek. (aco)
September 8, 2022 Opinion or Order Filing 184 APPLICATION of Non-Resident Attorney Monika J. Malek to Appear Pro Hac Vice on behalf of Plaintiff Delta T LLC (Pro Hac Vice Fee - $500 Previously Paid on 9/7/2022, Receipt No. ACACDC-33936173) filed by Plaintiff Delta T LLC. (Attachments: #1 Proposed Order) (Riley, Maura)
September 8, 2022 Opinion or Order Filing 183 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Monika J. Malek to Appear Pro Hac Vice on behalf of Plaintiff Delta T LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33936173) #181 . The following error(s) was/were found: Proposed Order has not been flattened and is causing a corruption with the filing. (lt)
September 7, 2022 Opinion or Order Filing 181 APPLICATION of Non-Resident Attorney Monika J. Malek to Appear Pro Hac Vice on behalf of Plaintiff Delta T LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33936173) filed by Plaintiff Delta T LLC. (Attachments: #1 Proposed Order) (Riley, Maura)
September 6, 2022 Opinion or Order Filing 182 ORDER GRANTING MACROAIR'S APPLICATION FOR LEAVE TO FILE UNDER SEAL CERTAIN DOCUMENTS IN SUPPORT OF MOTIONS FOR SUMMARY ADJUDICATION AND DAUBERT MOTION by Judge George H. Wu. The Application is GRANTED as follows. The following documents or portions thereof may be filed under seal (SEE DOCUMENT FOR FURTHER DETAILS).; granting #178 APPLICATION for Leave to File to file Portions of Filed Documents Under Seal. (aco)
September 2, 2022 Opinion or Order Filing 180 Notice Redacted Exhibits filed by Plaintiff Delta T LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Riley, Maura)
September 2, 2022 Opinion or Order Filing 179 SEALED DOCUMENT re NOTICE OF MOTION AND MOTION to Exclude David Hanson on Issues of Patent Damages #167 , Order on Motion for Leave to File Document Under Seal, #177 filed by Plaintiff Delta T LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Riley, Maura)
September 1, 2022 Opinion or Order Filing 178 APPLICATION for Leave to file Portions of Filed Documents Under Seal filed by Deefendant and Counterclaimant MacroAir Technologies, Inc., MacroAir Technologies, Inc.((Counterclaim filed 10/20/2020, DE 49)). (Attachments: #1 Declaration Stephen M. Lobbin, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Lobbin, Stephen)
August 30, 2022 Opinion or Order Filing 177 ORDER GRANTING DELTA T LLCS APPLICATION TO FILE DOCUMENTS UNDER SEAL RE: MOTION TO EXCLUDE DAVID HANSON ON ISSUES OF PATENT DAMAGES by Judge George H. Wu. The Court hereby orders that the Application is GRANTED.; granting #170 APPLICATION to file document Motion under seal. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
August 30, 2022 Opinion or Order Filing 176 STANDING ORDER RE SUMMARY JUDGMENT MOTIONS by Judge George H. Wu. You are instructed to read and to follow the requirements in Fed. R. Civ. P. 56 and Central District of California Local Rules 56-1 through 56-3. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
August 29, 2022 Opinion or Order Filing 175 NOTICE OF MOTION AND MOTION for Summary Adjudication as to No False Advertising filed by Defendant MacroAir Technologies, Inc.. Motion set for hearing on 10/20/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Declaration David C. Paulus, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit Statement of Facts) (Lobbin, Stephen)
August 29, 2022 Opinion or Order Filing 174 NOTICE OF MOTION AND MOTION for Summary Adjudication as to Patent Non-Infringement and Invalidity re BAF Patents filed by Defendant MacroAir Technologies, Inc.. Motion set for hearing on 10/20/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Declaration David C. Paulus, #2 Exhibit 1, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Declaration David C. Paulus Rebuttal, #12 Exhibit 1, #13 Exhibit 2, #14 Exhibit 3, #15 Exhibit 4, #16 Exhibit 5, #17 Exhibit Statement of Facts) (Lobbin, Stephen)
August 29, 2022 Opinion or Order Filing 173 NOTICE OF MOTION AND MOTION for Summary Adjudication as to Patent Validity and Infringement filed by Counterclaimant MacroAir Technologies, Inc.((Counterclaim filed 10/20/2020, DE 49)). Motion set for hearing on 10/20/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Declaration David C. Paulus, #2 Exhibit 1, #3 Exhibit 2, #4 Declaration David C. Paulus Rebuttal, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit Statement of Facts) (Lobbin, Stephen)
August 29, 2022 Opinion or Order Filing 172 NOTICE OF MOTION AND MOTION for Summary Adjudication as to False Advertising By Counterdefendant BAF filed by Counterclaimant MacroAir Technologies, Inc.((Counterclaim filed 10/20/2020, DE 49)). Motion set for hearing on 10/20/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Declaration David C. Paulus, #2 Declaration David C. Paulus Rebutal, #3 Exhibit Statement of Facts) (Lobbin, Stephen)
August 29, 2022 Opinion or Order Filing 171 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Motion under seal #170 filed by Plaintiff Delta T LLC. (Attachments: #1 Unredacted Document, #2 Unredacted Document, #3 Unredacted Document, #4 Unredacted Document)(Riley, Maura)
August 29, 2022 Opinion or Order Filing 170 APPLICATION to file document Motion under seal filed by Plaintiff Delta T LLC. (Attachments: #1 Redacted Document, #2 Proposed Order)(Riley, Maura)
August 29, 2022 Opinion or Order Filing 169 NOTICE OF MOTION AND MOTION to Exclude David C. Paulus From Providing Expert Testimony on Issues of Patent Invalidity filed by Plaintiff Delta T LLC. Motion set for hearing on 10/20/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum, #2 Declaration of Maura Riley, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Proposed Order) (Riley, Maura)
August 29, 2022 Opinion or Order Filing 168 NOTICE OF MOTION AND MOTION to Exclude Experts Under FRE 702 and Daubert filed by Defendant and Counterclaimant MacroAir Technologies, Inc., MacroAir Technologies, Inc.((Counterclaim filed 10/20/2020, DE 49)). Motion set for hearing on 10/20/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Declaration Stephen M. Lobbin, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Declaration Eddie Boyd) (Lobbin, Stephen)
August 29, 2022 Opinion or Order Filing 167 NOTICE OF MOTION AND MOTION to Exclude David Hanson on Issues of Patent Damages filed by Plaintiff Delta T LLC. Motion set for hearing on 10/20/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Declaration of Maura Riley, #2 Proposed Order) (Riley, Maura)
August 29, 2022 Opinion or Order Filing 166 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to No Invalidity filed by Plaintiff Delta T LLC. Motion set for hearing on 10/20/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Supplement Statement of Undisputed Facts, #2 Declaration of Maura Riley, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Proposed Order) (Riley, Maura)
August 29, 2022 Opinion or Order Filing 165 NOTICE OF MOTION AND MOTION to Dismiss Partial Dismissal of Patent Invalidity Counterclaims filed by Plaintiff Delta T LLC. Motion set for hearing on 10/20/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum, #2 Proposed Order) (Riley, Maura)
July 25, 2022 Opinion or Order Filing 164 Notice of Appearance or Withdrawal of Counsel: for attorney Deborah Anne Hedley counsel for Plaintiff Delta T LLC. Filed by Plaintiff Delta T LLC, d/b/a Big Ass Fans. (Hedley, Deborah)
July 21, 2022 Opinion or Order Filing 163 ORDER RE: JOINT STIPULATION TO EXTEND CASE DEADLINES by Judge George H. Wu. Pursuant to the Stipulation of the Parties, and good cause appearing, it is hereby ORDERED that the deadlines set out in the Court's May 11, 2022 Order, Dkt. 151, are modified as follows: 1. The Close of Expert Discovery is extended from July 22, 2022 to August 12, 2022; 2. Summary judgment and Daubert motions are due August 29, 2022; 3. Summary judgment and Daubert oppositions are due September 26, 2022. RE: Stipulation to Continue #161 . (aco)
July 21, 2022 Opinion or Order Filing 162 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. Wu. APPLICATION of Attorney Daniel H. Shulman to Appear Pro Hac Vice on behalf of Plaintiff Delta T LLC, designating Maura L. Riley as local counsel.; granting #160 Non-Resident Attorney Daniel H. Shulman. (aco)
July 18, 2022 Opinion or Order Filing 161 Joint STIPULATION to Continue Case Management Deadlines filed by Plaintiff Delta T LLC. (Attachments: #1 Proposed Order)(Hedley, Deborah)
July 18, 2022 Opinion or Order Filing 160 APPLICATION of Non-Resident Attorney Daniel H. Shulman to Appear Pro Hac Vice on behalf of Plaintiff Delta T LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33648884) filed by Plaintiff Delta T LLC. (Attachments: #1 Proposed Order) (Riley, Maura)
July 14, 2022 Opinion or Order Filing 159 Notice of Appearance or Withdrawal of Counsel: for attorney Maura L Riley counsel for Plaintiff Delta T LLC. Filed by Plaintiff Delta T LLC, d/b/a Big Ass Fans. (Attorney Maura L Riley added to party Delta T LLC(pty:pla))(Riley, Maura)
May 31, 2022 Opinion or Order Filing 158 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge George H. Wu. Attorneys Brenda L. Danek; Patrick Justman; Clement J Naples; Surendra K Ravula; Ann Marie Wahls; Thomas W. Yeh; Jennifer L Barry and Chase A. Chesser terminated; granting #157 Request to Substitute Attorney. (aco)
May 31, 2022 Opinion or Order Filing 157 REQUEST TO WITHDRAW ATTORNEY Thomas W. Yeh as counsel of record filed by Plaintiff Delta T LLC. (Attachments: #1 Proposed Order) (Yeh, Thomas)
May 26, 2022 Opinion or Order Filing 156 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. Wu. APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Delta T LLC d/b/a Big Ass Fans, designating Deborah Anne Hedley as local counsel. granting #154 Non-Resident Attorney Michael J. Turgeon (rolm)
May 26, 2022 Opinion or Order Filing 155 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. Wu. APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Delta T LLC d/b/a Big Ass Fans, designating Deborah Anne Hedley as local counsel. granting #153 Non-Resident Attorney John K. Burke (rolm)
May 25, 2022 Opinion or Order Filing 154 APPLICATION of Non-Resident Attorney Michael J. Turgeon to Appear Pro Hac Vice on behalf of Plaintiff Delta T LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33361614) filed by Plaintiff Delta T LLC. (Attachments: #1 Proposed Order) (Hedley, Deborah)
May 25, 2022 Opinion or Order Filing 153 APPLICATION of Non-Resident Attorney John K. Burke to Appear Pro Hac Vice on behalf of Plaintiff Delta T LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33361545) filed by Plaintiff Delta T LLC. (Attachments: #1 Proposed Order) (Hedley, Deborah)
May 25, 2022 Opinion or Order Filing 152 Notice of Appearance or Withdrawal of Counsel: for attorney Deborah Anne Hedley counsel for Plaintiff Delta T LLC. Filed by Plaintiff Delta T LLC. (Attorney Deborah Anne Hedley added to party Delta T LLC(pty:pla))(Hedley, Deborah)
May 10, 2022 Opinion or Order Filing 151 ORDER GRANTING JOINT STIPULATED REQUEST TO CONTINUE CASE by Judge George H. Wu. The Court has read and considered the Joint Stipulated Request to Continue Case Management Deadlines in Case Nos. 5:20-cv-00728 and 5:20-cv-1489, and it hereby GRANTS the request. RE Stipulation to Continue #150 . (SEE DOCUMENT FOR FURTHER DETAILS). (aco) Modified on 5/11/2022 (aco).
May 3, 2022 Opinion or Order Filing 150 Joint STIPULATION to Continue Case Management Deadlines filed by Plaintiff Delta T LLC. (Attachments: #1 Proposed Order)(Barry, Jennifer)
April 21, 2022 Opinion or Order Filing 149 MINUTES OF TELEPHONIC HEARING ON BIG ASS FANS' MOTION FORSTAY PENDING INTER PAR TES REVIEW #135 held before Judge George H. Wu:Court hears oral argument. For reasons stated on the record, the Motion is granted in part. The Court will wait until appeal decision is reached. However, dates one through nine issued on December 21, 2022 #124 will remain on calendar. The pretrial conference and trial dates are vacated and taken off-calendar. The Court sets a status conference for December 22, 2022 at 8:30 a.m. The parties are to file a joint status report by noon on December 20, 2022. Court Reporter: Terri A. Hourigan. (bm)
April 21, 2022 Opinion or Order Filing 148 ORDER by Judge George H. Wu: granting #146 Non-Resident Attorney Chase A. Chesser APPLICATION to Appear Pro Hac Vice on behalf of Delta T LLC, designating Thomas W. Yeh as local counsel. (lom)
April 21, 2022 Opinion or Order Filing 147 Notice of Appearance or Withdrawal of Counsel: for attorney Jenny J. Wang counsel for Plaintiff Delta T LLC. Jenny J. Wang 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 Delta T LLC. (Wang, Jenny)
April 19, 2022 Opinion or Order Filing 146 APPLICATION of Non-Resident Attorney Chase A. Chesser to Appear Pro Hac Vice on behalf of Plaintiff Delta T LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33151492) filed by Plaintiff Delta T LLC. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order) (Yeh, Thomas)
April 18, 2022 Opinion or Order Filing 145 ORDER by Judge George H. Wu: granting #143 Non-Resident Attorney Brenda L Danek APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Delta T LLC, designating Thomas W Yeh as local counsel. (bm)
April 18, 2022 Opinion or Order Filing 144 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Thursday's 04/21/2022 Motion Hearing #135 at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY
April 15, 2022 Opinion or Order Filing 143 APPLICATION of Non-Resident Attorney Brenda L. Danek to Appear Pro Hac Vice on behalf of Counter Defendant Delta T LLC, Plaintiff Delta T LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33135462) filed by Plaintiff and Counter Defendant Delta T LLC((Counterclaim filed 10/20/2020, DE 49)), Delta T LLC. (Attachments: #1 Proposed Order) (Yeh, Thomas)
April 12, 2022 Opinion or Order Filing 142 ORDER GRANTING DEFENDANT'S APPLICATION FOR EX PARTE ORDER EXCUSING LATE FILING OF OPPOSITION TO MOTION TO STAY by Judge George H. Wu. Defendant MacroAirs Ex Parte Application is GRANTED. This Court hereby excused MacroAirs late filing of its opposition to BAFs motion to stay. See ECF Nos. 137. IT IS SO ORDERED. granting #141 EX PARTE APPLICATION for Extension of Time to File (rolm)
April 11, 2022 Opinion or Order Filing 141 EX PARTE APPLICATION for Extension of Time to File Defendant's Opposition to Motion to Stay filed by Defendant MacroAir Technologies, Inc., MacroAir Technologies, Inc.((Counterclaim filed 10/20/2020, DE 49)). (Attachments: #1 Proposed Order) (Lobbin, Stephen)
April 11, 2022 Opinion or Order Filing 140 ORDER GRANTING JOINT STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT DEADLINES by Judge George H. Wu, re Stipulation to Continue, #139 : Final Pre-Trial Conference: August 11, 2022 at 8:30 a.m.; Jury Trial to Begin: August 23, 2022 at 9:00 a.m. (see document for further details) (bm)
April 9, 2022 Opinion or Order Filing 139 Joint STIPULATION to Continue Case Management Deadlines Re: Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines/Hearings,, Set/Reset Motion Hearing and R&R Deadlines, #124 filed by plaintiff and counterclaim defendant Delta T LLC((Counterclaim filed 10/20/2020, DE 49)), Delta T LLC. (Attachments: #1 Proposed Order)(Barry, Jennifer)
April 7, 2022 Opinion or Order Filing 138 REPLY in support of NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Review #135 filed by Counter Defendant Delta T LLC, Plaintiff Delta T LLC. (Barry, Jennifer)
April 1, 2022 Opinion or Order Filing 137 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Review #135 filed by Counter Claimants MacroAir Technologies, Inc., MacroAir Technologies, Inc., Defendant MacroAir Technologies, Inc.. (Lobbin, Stephen)
April 1, 2022 Opinion or Order Filing 136 REPLY in support of NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Review #135 filed by Counter Defendant Delta T LLC, Plaintiff Delta T LLC. (Barry, Jennifer)
March 22, 2022 Opinion or Order Filing 135 NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Review filed by Plaintiff Delta T LLC. Motion set for hearing on 4/21/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Declaration of Ann Marie Wahls, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Proposed Order) (Barry, Jennifer)
February 28, 2022 Opinion or Order Filing 133 MINUTES OF TELEPHONIC HEARING ON BIG ASS FANS' MOTION FOR PARTIAL STAY PENDING INTER PARTES REVIEW #127 held before Judge George H. Wu. Oral argument is held. Big Ass Fans' Motion is denied. Court Reporter: Katie E. Thibodeaux. (lom)
February 24, 2022 Opinion or Order Filing 134 AMENDED MINUTES held before Judge George H. Wu: The Court's Tentative Ruling was issued on February 23, 2022 #131 . Oral argument is held. Big Ass Fans Motion is denied. re: MINUTES OF TELEPHONIC HEARING ON BIG ASS FANS' MOTION FOR PARTIAL STAY PENDING INTER PARTES REVIEW #127 held before Judge George H. Wu. #133 . (bm)
February 23, 2022 Opinion or Order Filing 132 Notice of Appearance or Withdrawal of Counsel: for attorney Jenny J. Wang counsel for Plaintiff Delta T LLC. Adding Jenny J. Wang as counsel of record for Delta T LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Delta T LLC. (Attorney Jenny J. Wang added to party Delta T LLC(pty:pla))(Wang, Jenny)
February 23, 2022 Opinion or Order Filing 131 MINUTE ORDER IN CHAMBERS -TENTATIVE RULING ON BIG ASS FANS' MOTION FOR PARTIAL STAY PENDING INTER PARTES REVIEW #127 by Judge George H. Wu: Attached hereto is the Court's Tentative Ruling on Big Ass Fans' Motion #127 , set for hearing on February 24, 2022 at 8:30 a.m. (bm)
February 22, 2022 Opinion or Order Filing 130 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Thursday's 02/24/2022 Motion Hearing #127 at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY
February 10, 2022 Opinion or Order Filing 129 REPLY in support of NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Review #127 filed by Counter Defendant Delta T LLC, Plaintiff Delta T LLC. (Barry, Jennifer)
February 3, 2022 Opinion or Order Filing 128 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Review #127 filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Attachments: #1 Exhibit 1)(Lobbin, Stephen)
January 25, 2022 Opinion or Order Filing 127 NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Review filed by Plaintiff and Counter Defendant Delta T LLC, Delta T LLC((Counterclaim filed 10/20/2020, DE 49)). Motion set for hearing on 2/24/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Declaration of Ann Marie Wahls, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Proposed Order) (Barry, Jennifer)
December 28, 2021 Opinion or Order Filing 126 MINUTES IN CHAMBERS - ORDER by Judge George H. Wu denying #117 EX PARTE APPLICATION: The ex parte application is denied. (see document for further details) (bm)
December 27, 2021 Opinion or Order Filing 125 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION to file document in Support of Motion to Compel #118 . The following error(s) was/were found: Proposed order attachment should indicate the Magistrate Judge, not the District Judge. 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. (bm)
December 22, 2021 Opinion or Order Filing 123 OPPOSITION to EX PARTE APPLICATION to AMEND SCHEDULING ORDER FOR TWO THIRD PARTIES #117 filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Lobbin, Stephen)
December 21, 2021 Opinion or Order Filing 124 MINUTE ORDER IN CHAMBERS by Judge George H. Wu re: Stipulation to Amend/Correct, #107 , Stipulation to Continue, #116 . (Last day to file summary judgment and Daubert motions: 5/13/2022. Final Pretrial Conference set for 8/11/2022 at 08:30 AM before Judge George H. Wu. Jury Trial set for 8/23/2022 at 09:00 AM before Judge George H. Wu.)(Responses due by 6/3/2022, Replies due by 6/17/2022.) (See minute order for additional deadlines) (mrgo)
December 21, 2021 Opinion or Order Filing 122 PROOF OF SERVICE filed by Plaintiff and Counter Defendant Delta T LLC, re MOTION to Compel Compliance with Subpoenas #120 , Sealed Declaration in SupportDeclaration, #119 , APPLICATION to file document in Support of Motion to Compel under seal #118 served on 12/21/2021. (Yeh, Thomas)
December 21, 2021 Opinion or Order Filing 121 MINUTES Order Re: Plaintiff and Counter Defendant's MOTION to Compel Compliance with Subpoenas [ #120 ] by Magistrate Judge Gail J. Standish. The Motion to Compel [Dkt. #120 ] is hereby stricken as untimely. The motion is set for a hearing a full month after already-extended discovery cutoff in this case. [See document for further details.] (et)
December 20, 2021 Opinion or Order Filing 120 **DOCUMENT STRICKEN** SEE DOCKET ENTRY NO. #121 - NOTICE OF MOTION AND MOTION to Compel Compliance with Subpoenas filed by Plaintiff and Counter Defendant Delta T LLC. Motion set for hearing on 1/20/2022 at 02:00 PM before Magistrate Judge Gail J. Standish. (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6 (REDACTED), #9 Exhibit 7 (REDACTED), #10 Exhibit 8 (REDACTED), #11 Proposed Order)(Barry, Jennifer) Modified on 12/21/2021 (et).
December 20, 2021 Opinion or Order Filing 119 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document in Support of Motion to Compel under seal #118 filed by Plaintiff Delta T LLC. (Attachments: #1 Unredacted Document Exhibit 6, #2 Unredacted Document Exhibit 7, #3 Unredacted Document Exhibit 8)(Barry, Jennifer)
December 20, 2021 Opinion or Order Filing 118 APPLICATION to file document in Support of Motion to Compel under seal filed by Plaintiff Delta T LLC. (Attachments: #1 Proposed Order, #2 Exhibit Redacted (Exhibit 6), #3 Exhibit Redacted (Exhibit 7), #4 Exhibit Redacted (Exhibit 8))(Barry, Jennifer)
December 20, 2021 Opinion or Order Filing 117 EX PARTE APPLICATION to AMEND SCHEDULING ORDER FOR TWO THIRD PARTIES filed by Plaintiff and Counter Defendant Delta T LLC. (Attachments: #1 Proposed Order) (Naples, Clement)
December 3, 2021 Opinion or Order Filing 116 Joint STIPULATION to Continue Case Management Deadlines Re: Order on Motion for Extension of Time to Complete Discovery, #113 , Order,,, Set/Reset Deadlines/Hearings,,, Set/Reset Motion Hearing and R&R Deadlines,, #106 filed by Plaintiff and Counterclaim Defendant Delta T LLC((Counterclaim filed 10/20/2020, DE 49)), Delta T LLC. (Attachments: #1 Proposed Order)(Barry, Jennifer)
November 2, 2021 Opinion or Order Filing 115 MINUTE ORDER IN CHAMBERS by Judge George H. Wu re: Objection, #90 , Miscellaneous Document #114 . The Court has reviewed Defendant's Request for Decision (see ECF No. 114) concerning its objection to the Magistrate Judge's order denying attorney's fees ("Objection," see ECF No. 90). Because the Objection was not properly filed, it is STRICKEN. See, e.g., L.R. 72-2.1, L.R. 7-3, L.R. 7.4, and L.R. 7-20. (See document for further details). (mrgo)
October 29, 2021 Opinion or Order Filing 114 LR 83-9.2 Request for Decision filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc. re: Objection, #90 (Lobbin, Stephen)
October 28, 2021 Opinion or Order Filing 113 MINUTE ORDER (IN CHAMBERS) by Judge George H. Wu: granting #110 Motion for Extension of Time to Complete Discovery. It appears that both parties are partially at fault in regards to the discovery delays and the Court will grant the application as follows: Close of Fact Discovery is 12/20/2021. (SEE ATTACHED DOCUMENT FOR DETAILS) (mrgo)
October 25, 2021 Opinion or Order Filing 112 REPLY In Support Of EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 12/20/2021 #110 filed by Counter Claimants MacroAir Technologies, Inc., MacroAir Technologies, Inc., Defendant MacroAir Technologies, Inc.. (Attachments: #1 Exhibit A)(Lobbin, Stephen)
October 22, 2021 Opinion or Order Filing 111 OPPOSITION re: EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 12/20/2021 #110 filed by Plaintiff Delta T LLC. (Attachments: #1 Declaration of Surendra K. Ravula, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Barry, Jennifer)
October 22, 2021 Opinion or Order Filing 110 EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 12/20/2021 filed by Defendant and Counterclaimant MacroAir Technologies, Inc.((Counterclaim filed 10/20/2020, DE 49)), MacroAir Technologies, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order) (Lobbin, Stephen)
September 7, 2021 Opinion or Order Filing 109 AMENDED PROTECTIVE ORDER by Magistrate Judge Gail J. Standish re Stipulation to Amend/Correct #108 . (efc)
September 3, 2021 Opinion or Order Filing 108 Joint STIPULATION to AMEND Protective Order #48 filed by Plaintiff and Counterclaim Defendant Delta T LLC((Counterclaim filed 10/20/2020, DE 49)), Delta T LLC. (Attachments: #1 Amended Protective Order)(Barry, Jennifer)
August 17, 2021 Opinion or Order Filing 107 STIPULATION to Stipulation of Dismissal of Fourth Counterclaim Minutes of In Chambers Order/Directive - no proceeding held #92 , Answer to Counterclaim,,, #69 filed by Counterclaimant MacroAir Technologies, Inc.((Counterclaim filed 10/20/2020, DE 49)).(Lobbin, Stephen)
July 26, 2021 Opinion or Order Filing 106 ORDER GRANTING JOINT STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT DEADLINES by Judge George H. Wu, re Stipulation to Continue, #105 . The deadlines and hearings originally scheduled have been rescheduled: (Discovery cut-off 11/19/2021. Summary Judgment and Daubert motions due by 2/25/2022. Final Pretrial Conference reset for 5/19/2022 at 08:30 AM before Judge George H. Wu. Jury Trial reset for 5/31/2022 at 09:00 AM before Judge George H. Wu.)(Responses due by 3/18/2022, Replies due by 4/1/2022.) Hearing on summary judgment and Daubert motions: 4/21/2022. (mrgo)
July 23, 2021 Opinion or Order Filing 105 Joint STIPULATION to Continue Case Management Deadlines Re: Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,,, Set/Reset Motion Hearing and R&R Deadlines,, #85 filed by plaintiff and counterclaim defendant Delta T LLC, Delta T LLC((Counterclaim filed 10/20/2020, DE 49)). (Attachments: #1 Proposed Order)(Barry, Jennifer)
May 26, 2021 Opinion or Order Filing 104 MINUTE ORDER (IN CHAMBERS) RE: MOTION FOR RECONSIDERATION (DKT.95) by Judge George H. Wu. Defendant's Motion for Reconsideration is DENIED. Additionally, the Court has been apprised that the action was not settled before the Magistrate Judge. See Docket No. 102. The May 27, 2021 post-mediation status conference is taken off-calendar. (See document for details) (mrgo)
May 21, 2021 Opinion or Order Filing 103 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: In light of the motion for reconsideration #95 now being set for May 27, 2021, the Court continues the Post-Mediation Status Conference from May 24 to May 27 to avoid multiple court appearances. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY
May 17, 2021 Opinion or Order Filing 102 MINUTES OF SETTLEMENT CONFERENCE held before Magistrate Judge Alexander F. MacKinnon: Settlement conference held. The parties do not reach a settlement. Court Reporter: Zoom Meeting. (es)
May 14, 2021 Opinion or Order Filing 101 Notice of Appearance or Withdrawal of Counsel: for attorney Kyle A Virgien counsel for Plaintiff Delta T LLC, Counter Defendant Delta T LLC. Kyle A. Virgien 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 and counter defendant Delta T LLC, d/b/a Big Ass Fans. (Virgien, Kyle)
May 13, 2021 Opinion or Order Filing 100 REPLY In Support Of NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held #92 #95 filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Lobbin, Stephen)
May 11, 2021 Opinion or Order Filing 99 SCHEDULING NOTICE by Magistrate Judge Alexander F. MacKinnon: A Telephone Conference re the upcoming settlement conference is set for 5/11/2021 4:00PM before Magistrate Judge Alexander F. MacKinnon. Call-in information has been emailed to counsel of record.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ib) TEXT ONLY ENTRY
April 23, 2021 Opinion or Order Filing 98 ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Alexander F. MacKinnon. The Settlement Conference has been placed on calendar for Monday, May 17, 2021, at 10:00 a.m. No later than 5:00 p.m. ten days before the conference, each party shall submit a Confidential Settlement Statement by email it to the Magistrate Judge's chambers email (AFM_Chambers@cacd.uscourts.gov). [See document for details.] (es)
April 22, 2021 Opinion or Order Filing 97 MINUTE ORDER IN CHAMBERS by Judge George H. Wu. The Court refers this matter to the Honorable Alexander F. MacKinnon, U.S. Magistrate Judge for settlement purposes only. A post-mediation status conference is set for 5/24/21, at 8:30 a.m. Defendant MacroAir's Motion for Reconsideration #95 , set for May 10, 2021, is continued to May 27, 2021, at 8:30 a.m. (mrgo)
April 19, 2021 Opinion or Order Filing 96 OPPOSITION to NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held #92 #95 filed by Plaintiff Delta T LLC. (Virgien, Kyle)
April 12, 2021 Opinion or Order Filing 95 NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held #92 filed by Defendant MacroAir Technologies, Inc., MacroAir Technologies, Inc.((Counterclaim filed 10/20/2020, DE 49)). Motion set for hearing on 5/10/2021 at 08:30 AM before Judge George H. Wu. (Lobbin, Stephen)
April 7, 2021 Opinion or Order Filing 94 MEMORANDUM of Points and Authorities in Opposition filed by Plaintiff and Counter-Defendant Delta T LLC, Delta T LLC((Counterclaim filed 10/20/2020, DE 49)). Re: Objection, #90 (Virgien, Kyle)
March 29, 2021 Opinion or Order Filing 93 ORDER by Judge George H. Wu: granting #91 Non-Resident Attorney Ann Marie Wahls APPLICATION to Appear Pro Hac Vice on behalf of plaintiff & counter-defendant Delta T LLC, designating Thomas W. Yeh as local counsel. (mrgo)
March 29, 2021 Opinion or Order Filing 92 MINUTE ORDER IN CHAMBERS - RULING ON CLAIMS CONSTRUCTION (MARKMAN HEARING) by Judge George H. Wu. Attached hereto is the Court's Final Ruling on Claims Construction (Markman Hearing). (mrgo)
March 25, 2021 Opinion or Order Filing 91 APPLICATION of Non-Resident Attorney Ann Marie Wahls to Appear Pro Hac Vice on behalf of Plaintiff Delta T LLC, Counter Defendant Delta T LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30983934) filed by plaintiff and counter-defendant Delta T LLC, Delta T LLC((Counterclaim filed 10/20/2020, DE 49)). (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Yeh, Thomas)
March 24, 2021 Opinion or Order Filing 90 OBJECTIONS to Motion Hearing, Order on Motion to Compel, Order on Motion for Protective Order #80 Rule 72(a) Objections filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Attachments: #1 Exhibit A)(Lobbin, Stephen)
March 24, 2021 Opinion or Order Filing 89 SUPPLEMENT to Minutes of In Chambers Order/Directive - no proceeding held,,, #83 filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Attachments: #1 Exhibit A)(Lobbin, Stephen)
March 24, 2021 Opinion or Order Filing 88 Supplemental BRIEF filed by plaintiff and counter defendant Delta T LLC, Delta T LLC((Counterclaim filed 10/20/2020, DE 49)). Supplemental Brief in Support of Its Proposed Claim Construction of the Term "Contoured" regarding Minutes of In Chambers Order/Directive - no proceeding held,,, #83 . (Attachments: #1 Exhibit A, #2 Exhibit B)(Virgien, Kyle)
March 24, 2021 Opinion or Order Filing 87 NOTICE OF FILING TRANSCRIPT filed for proceedings 3/10/21 re Transcript #86 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY
March 24, 2021 Opinion or Order Filing 86 TRANSCRIPT for proceedings held on 3/10/21. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 4/14/2021. Redacted Transcript Deadline set for 4/26/2021. Release of Transcript Restriction set for 6/22/2021. (ha)
March 19, 2021 Opinion or Order Filing 85 MINUTE ORDER IN CHAMBERS - SCHEDULING ORDER SCHEDULING ORDER by Judge George H. Wu. The Court has considered the parties' Joint Proposed Schedule (Docket No. 84) and adopts those dates with slight modifications as follows: (Discovery cut-off 9/24/2021. Motions due by 12/6/2021. Status Report due by 4/30/2021. Final Pretrial Conference set for 3/17/2022 at 08:30 AM before Judge George H. Wu. Jury Trial set for 3/29/2022 at 09:00 AM before Judge George H. Wu.) (Responses due by 1/17/2022, Replies due by 1/31/2022.) (See document for additional deadlines and hearings) (mrgo)
March 18, 2021 Opinion or Order Filing 84 Joint Proposed Schedule filed by Counter Defendant Delta T LLC, Plaintiff Delta T LLC re: Markman Hearing,, Terminate Hearings,, Set/Reset Deadlines/Hearings, #82 (Virgien, Kyle)
March 17, 2021 Opinion or Order Filing 83 MINUTE ORDER IN CHAMBERS FOR SUPPLEMENTAL BRIEFING by Judge George H. Wu. Before the Court is the parties' Claim Construction briefing. Docket Nos. 60, 61, 70, 71. At the Claim Construction hearing on March 15, 2021, plaintiff raised the issue of prosecution history disclaimer regarding the term "contoured" in U.S. Patent No. 9,541,097 ("the '097 Patent") in response to the footnote in the Court's tentative order. The Court orders the parties to submit supplemental briefing on the following question: 1. Does prosecution history disclaimer limit the scope of the term "contoured" in the "097 Patent? The parties have 7 days from the entry of this order to file their responsive supplemental briefs. Each party's brief must be no more than 5 pages. (mrgo)
March 16, 2021 Opinion or Order Filing 81 TRANSCRIPT ORDER as to Defendant MacroAir Technologies, Inc., MacroAir Technologies, Inc.((Counterclaim filed 10/20/2020, DE 49)) for Court Smart (CS). Court will contact Stephen Lobbin at sml@smlavvocati.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Lobbin, Stephen)
March 15, 2021 Opinion or Order Filing 82 MINUTES OF MARKMAN HEARING held before Judge George H. Wu. The Court takes the Motions under submission. Order to issue. The Court sets a Scheduling Conference for March 22, 2021 at 8:30 a.m. Parties shall file a joint report with proposed dates by noon on March 18, 2021. Court Reporter: Terri A. Hourigan. (lom)
March 10, 2021 Opinion or Order Filing 80 MINUTES OF Motion Hearing held before Magistrate Judge Gail J. Standish:denying #64 Motion to Compel; and denying #65 Motion for Protective Order. (See order for details) Court Recorder: AT&T. (efc)
March 10, 2021 Opinion or Order Filing 79 SUPPLEMENT to Status Conference - optional html form,, Set/Reset Deadlines/Hearings, #77 filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Lobbin, Stephen)
March 10, 2021 Opinion or Order Filing 78 SUPPLEMENTAL BRIEF filed by Plaintiff Delta T LLC. (Supplemental Brief in Support of Proposed Claim Constructions) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Virgien, Kyle)
March 8, 2021 Opinion or Order Filing 77 MINUTES OF MARKMAN TUTORIAL HEARING held before Judge George H. Wu. Tutorial hearing is held by video teleconference. The parties are to file a supplemental brief by March 10, 2021 as to what the difference is between one construction over the other. The Markman Hearing remains set for March 15, 2021. The time to appear is 11:00 a.m. and will be held via Zoom video teleconference using same information provided to counsel for this hearing. Court Reporter: Terri A. Hourigan. (mrgo)
March 5, 2021 Opinion or Order Filing 76 ANSWER to Answer to Counterclaim,,, #69 with JURY DEMAND filed by Plaintiff and Counter Defendant Delta T LLC((Counterclaim filed 10/20/2020, DE 49)), Delta T LLC.(Virgien, Kyle)
March 5, 2021 Opinion or Order Filing 75 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu; The time to appear for the Markman Tutorial Hearing set for March 8, 2021, is changed from 8:30 a.m. to 11:00 a.m. Counsel are to appear by Zoom conference by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY
February 25, 2021 Opinion or Order Filing 74 NOTICE OF LODGING filed Attorney Declarations and Exhibits re MEMORANDUM in Opposition to Motion, #68 , Reply (Motion related) #73 (Attachments: #1 Declaration Stephen M. Lobbin, #2 Declaration Joshua N. Osborn, #3 Exhibit 1)(Lobbin, Stephen)
February 24, 2021 Opinion or Order Filing 73 REPLY in support of MOTION for Protective Order and Fees Associated with the Deposition of Dr. Paul Raftery #65 filed by Plaintiff Delta T LLC, Counter Defendant Delta T LLC. (Virgien, Kyle)
February 24, 2021 Opinion or Order Filing 72 REPLY in support of MOTION to Compel Production of Computer Source Code Detailing the Accused Functionalities for the '649 and '041 Patents #64 filed by Plaintiff Delta T LLC, Counter Defendant Delta T LLC. (Virgien, Kyle)
February 19, 2021 Opinion or Order Filing 71 RESPONSE filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.to Brief (non-motion non-appeal),, #60 (Attachments: #1 Exhibit A)(Lobbin, Stephen)
February 19, 2021 Opinion or Order Filing 70 BRIEF filed by Plaintiff Delta T LLC. (Responsive Claim Construction Brief) (Virgien, Kyle)
February 19, 2021 Opinion or Order Filing 69 Amended ANSWER to Amended Complaint/Petition #59 with JURY DEMAND , Amended COUNTERCLAIM against Delta T LLC, Delta T LLC((Counterclaim filed 10/20/2020, DE 49)) filed by Defendant/Counterclaimant MacroAir Technologies, Inc.((Counterclaim filed 10/20/2020, DE 49)), MacroAir Technologies, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Lobbin, Stephen)
February 17, 2021 Opinion or Order Filing 68 MEMORANDUM in Opposition to MOTION for Protective Order and Fees Associated with the Deposition of Dr. Paul Raftery #65 filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Attachments: #1 Exhibit 1)(Lobbin, Stephen)
February 17, 2021 Opinion or Order Filing 67 MEMORANDUM in Opposition to MOTION to Compel Production of Computer Source Code Detailing the Accused Functionalities for the '649 and '041 Patents #64 filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Lobbin, Stephen)
February 10, 2021 Opinion or Order Filing 66 STATEMENT /Patent L.R. 4-3 Amended Claim Construction and Prehearing Statement filed by Plaintiff Delta T LLC, Counter Defendant Delta T LLC re: Statement #52 . (Virgien, Kyle)
February 10, 2021 Opinion or Order Filing 65 NOTICE OF MOTION AND MOTION for Protective Order and Fees Associated with the Deposition of Dr. Paul Raftery filed by plaintiff and counter defendant Delta T LLC, Delta T LLC((Counterclaim filed 10/20/2020, DE 49)). Motion set for hearing on 3/10/2021 at 10:00 AM before Magistrate Judge Gail J. Standish. (Attachments: #1 Declaration of Kyle Virgien in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order)(Virgien, Kyle)
February 10, 2021 Opinion or Order Filing 64 NOTICE OF MOTION AND MOTION to Compel Production of Computer Source Code Detailing the Accused Functionalities for the '649 and '041 Patents filed by plaintiff and counter defendant Delta T LLC, Delta T LLC((Counterclaim filed 10/20/2020, DE 49)). Motion set for hearing on 3/10/2021 at 10:00 AM before Magistrate Judge Gail J. Standish. (Attachments: #1 Declaration of Kyle Virgien in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Proposed Order)(Virgien, Kyle)
February 6, 2021 Opinion or Order Filing 63 NOTICE OF ERRATA filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. correcting Memorandum of Points and Authorities in Support #61 , Exhibit (non-trial) #62 Exhibit A to Opening Claim Construction Brief (Lobbin, Stephen)
February 5, 2021 Opinion or Order Filing 62 EXHIBIT Filed filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. Exhibits B-C as to Memorandum of Points and Authorities in Support #61 . (Lobbin, Stephen)
February 5, 2021 Opinion or Order Filing 61 MEMORANDUM of Points and Authorities in Support filed by Defendant/Counterclaimant MacroAir Technologies, Inc., MacroAir Technologies, Inc.((Counterclaim filed 10/20/2020, DE 49)). Re: Statement, #53 (Lobbin, Stephen)
February 5, 2021 Opinion or Order Filing 60 BRIEF filed by Plaintiff Delta T LLC. [Opening Claim Construction Brief] (Attachments: #1 Declaration of Kyle A. Virgien In Support of Big Ass Fans Opening Claim Construction Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L - Part 1, #14 Exhibit L - Part 2, #15 Exhibit L - Part 3, #16 Exhibit L - Part 4, #17 Exhibit M, #18 Exhibit N)(Virgien, Kyle)
February 3, 2021 Opinion or Order Filing 59 FIRST AMENDED COMPLAINT against Defendant MacroAir Technologies, Inc. amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Delta T LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Virgien, Kyle)
January 25, 2021 Opinion or Order Filing 58 MINUTES OF TELEPHONIC HEARING ON DEFENDANT AND COUNTER-CLAIMANT'S MOTION FOR LEAVE TO CONSTRUE 15 PATENT CLAIM TERMS #54 Hearing held before Judge George H. Wu. Court and counsel confer. The Tentative circulated and attached hereto, is adopted as the Court's Final Ruling. Defendants Motion is DENIED. Court Reporter: Terri A. Hourigan. (mrgo)
January 21, 2021 Opinion or Order Filing 57 MINUTES OF TELEPHONIC HEARING ON DEFENDANT AND COUNTER-CLAIMANT'S MOTION FOR LEAVE TO CONSTRUE 15 PATENT CLAIM TERMS #54 held before Judge George H. Wu. Court hears oral argument. For reasons stated on the record, the Motion is continued to January 25, 2021 at 8:30 a.m. Court Reporter: Terri A. Hourigan. (lom)
January 7, 2021 Opinion or Order Filing 56 REPLY In Support Of NOTICE OF MOTION AND MOTION to Construe 15 Patent Claim Terms and Memorandum in Support Thereof #54 filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc.. (Attachments: #1 Exhibit A)(Lobbin, Stephen)
December 31, 2020 Opinion or Order Filing 55 OPPOSITION to NOTICE OF MOTION AND MOTION to Construe 15 Patent Claim Terms and Memorandum in Support Thereof #54 filed by Plaintiff Delta T LLC. (Attachments: #1 Declaration of Kyle A. Virgien, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Virgien, Kyle)
December 17, 2020 Opinion or Order Filing 54 NOTICE OF MOTION AND MOTION to Construe 15 Patent Claim Terms and Memorandum in Support Thereof filed by Defendant and Counterclaimant MacroAir Technologies, Inc., MacroAir Technologies, Inc.((Counterclaim filed 10/20/2020, DE 49)). Motion set for hearing on 1/21/2021 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order) (Lobbin, Stephen)
November 25, 2020 Opinion or Order Filing 53 STATEMENT Patent L.R. 4-3 Claim Construction and Prehearing Statement [MacroAir Version] filed by Defendant MacroAir Technologies, Inc., Counter Claimant MacroAir Technologies, Inc. re: Statement #52 , Scheduling Conference - optional html form,,, Set/Reset Deadlines/Hearings,, #31 . (Lobbin, Stephen)
November 25, 2020 Opinion or Order Filing 52 STATEMENT / Patent L.R. 4-3 Claim Construction and Prehearing Statement filed by Plaintiff Delta T LLC, Counter Defendant Delta T LLC (Virgien, Kyle)
November 19, 2020 Opinion or Order Filing 51 Notice of Appearance or Withdrawal of Counsel: for attorney Patrick Justman counsel for Plaintiff Delta T LLC, Counter Defendant Delta T LLC. Adding Patrick C. Justman as counsel of record for Plaintiff and Counter-Defendant Delta T, LLC, d/b/a/ Big Ass Fans for the reason indicated in the G-123 Notice. Filed by plaintiff and counter-defendant Delta T. LLC, d/b/a Big Ass Fans. (Attorney Patrick Justman added to party Delta T LLC(pty:pla), Attorney Patrick Justman added to party Delta T LLC(pty:cd))(Justman, Patrick)
November 2, 2020 Opinion or Order Filing 50 ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #49 with JURY DEMAND filed by Plaintiff and Counter Defendant Delta T LLC((Counterclaim filed 10/20/2020, DE 49)).(Virgien, Kyle)
October 20, 2020 Opinion or Order Filing 49 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND and Second, Amended COUNTERCLAIM against Delta T LLC filed by Defendant and Counterclaimant MacroAir Technologies, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Lobbin, Stephen)
October 19, 2020 Opinion or Order Filing 48 STIPULATED PROTECTIVE ORDER by Magistrate Judge Gail J. Standish re Stipulation for Protective Order #47 . (efc)
October 9, 2020 Opinion or Order Filing 47 Joint STIPULATION for Protective Order filed by plaintiff Delta T LLC. (Attachments: #1 [Proposed] Stipulated Protective Order)(Virgien, Kyle)
October 8, 2020 Opinion or Order Filing 46 MINUTES OF TELEPHONIC HEARING ON BAF'S PARTIAL MOTION TO DISMISS MACROAIR'S FIRST AMENDED COUNTERCLAIMS SEEKING DECLARATORY JUDGMENT OF INVALIDITY AND NON-INFRINGEMENT #29 ; and PLAINTIFF'S MOTION TO CONSOLIDATE RELATED CASES NO. 5:20-CV-01489 GW(GJSx) AND NO. 5:20-CV-00728-GW(GJSx) [22; 40] Hearing held before Judge George H. Wu. The Court's Tentative Ruling is circulated and attached hereto. Court hears oral argument. For reasons stated on the record, Plaintiff's Motion to Consolidate is DENIED. The Motion to Dismiss is GRANTED with leave to amend. The amendment is to be filed ten days from the date of this order. Court Reporter: Terri A. Hourigan. (mrgo)
October 6, 2020 Opinion or Order Filing 45 NOTICE OF DISMISSAL filed by Defendant/Counterclaimant MacroAir Technologies, Inc. pursuant to FRCP 41a(1) of Sixth Counterclaim Without Prejudice as to Delta T LLC. (Lobbin, Stephen)
September 25, 2020 Opinion or Order Filing 44 NOTICE OF DISMISSAL filed by Third-Party Claimant MacroAir Technologies, Inc. pursuant to FRCP 41a(1) Amended Notice as to Electric Torque Machines, Inc.. (Lobbin, Stephen)
September 24, 2020 Opinion or Order Filing 43 REPLY in Support of NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 5:20-cv-01489-GW-GJS, #40 filed by Plaintiff Delta T LLC. (Attachments: #1 Declaration of Kyle A. Virgien in Support of Reply ISO Plaintiff's Motion to Consolidate, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Barry, Jennifer)
September 17, 2020 Opinion or Order Filing 42 OPPOSITION to NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 5:20-cv-01489-GW-GJS, #40 filed by Counter Claimant MacroAir Technologies, Inc., Defendant MacroAir Technologies, Inc.. (Attachments: #1 Declaration Stephen M. Lobbin)(Lobbin, Stephen)
September 16, 2020 Opinion or Order Filing 41 NOTICE OF DISMISSAL filed by Counterclaimant and Third-Party Claimant MacroAir Technologies, Inc. pursuant to FRCP 41a(1) and 41(c) of Certain Counterclaims and Third-Party Claim as to Delta T LLC, Electric Torque Machines, Inc.. (Lobbin, Stephen)
September 8, 2020 Opinion or Order Filing 40 NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 5:20-cv-01489-GW-GJS, filed by Plaintiff Delta T LLC. Motion set for hearing on 10/8/2020 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum, #2 Declaration of Kyle A. Virgien, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order) (Barry, Jennifer)
September 2, 2020 Opinion or Order Filing 39 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The Court, on its own motion, CONTINUES BAFS PARTIAL MOTION TO DISMISS MACROAIRS FIRST AMENDED COUNTERCLAIMS SEEKING DECLARATORY JUDGMENT OF INVALIDITY AND NON-INFRINGEMENT #29 previously scheduled for 09/10/2020 to 10/8/2020 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY
August 27, 2020 Opinion or Order Filing 38 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss MacroAir Technologies, Inc.'s First Amended Counterclaims Seeking Declaratory Judgment of Invalidity and Non-Infringement #29 filed by Plaintiff Delta T LLC, Counter Defendant Delta T LLC. (Virgien, Kyle)
August 20, 2020 Opinion or Order Filing 37 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss MacroAir Technologies, Inc.'s First Amended Counterclaims Seeking Declaratory Judgment of Invalidity and Non-Infringement #29 filed by Counter Claimant MacroAir Technologies, Inc.. (Lobbin, Stephen)
August 17, 2020 Opinion or Order Filing 36 ORDER GRANTING JOINT STIPULATION TO EXTEND TIME FOR THIRD-PARTY DEFENDANT ELECTRIC TORQUE MACHINES, INC. TO RESPOND TO THIRD-PARTY COMPLAINT BY 45 DAYS by Judge George H. Wu Stipulation to Extend Time to Answer (More than 30 days) #35 . Deadline for 3rd party defendant Electric Torque Machines, Inc. to respond to the 3rd party complaint shall be extended to and including 10/1/2020. (mrgo)
August 13, 2020 Opinion or Order Filing 35 Joint STIPULATION for Extension of Time to File Answer to October 1, 2020 re Counterclaim, #26 filed by Third-Party Defendant Electric Torque Machines, Inc.. (Attachments: #1 Proposed Order)(Toto, Carolyn)
July 28, 2020 Opinion or Order Filing 34 CERTIFICATION AND NOTICE of Interested Parties filed by Third-Party Defendant Electric Torque Machines, Inc., (Toto, Carolyn)
July 28, 2020 Opinion or Order Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Michael S Horikawa counsel for ThirdParty Defendant Electric Torque Machines, Inc.. Adding Michael S. Horikawa as counsel of record for Third-Party Defendant Electric Torque Machines, Inc. for the reason indicated in the G-123 Notice. Filed by Third-Party Defendant Electric Torque Machines, Inc.. (Attorney Michael S Horikawa added to party Electric Torque Machines, Inc.(pty:3pd))(Horikawa, Michael)
July 28, 2020 Opinion or Order Filing 32 Notice of Appearance or Withdrawal of Counsel: for attorney Carolyn Sing Toto counsel for ThirdParty Defendant Electric Torque Machines, Inc.. Adding Carolyn S. Toto as counsel of record for Third-Party Defendant Electric Torque Machines, Inc. for the reason indicated in the G-123 Notice. Filed by Third-Party Defendant Electric Torque Machines, Inc.. (Attorney Carolyn Sing Toto added to party Electric Torque Machines, Inc.(pty:3pd))(Toto, Carolyn)
July 23, 2020 Opinion or Order Filing 31 MINUTES OF TELEPHONIC SCHEDULING CONFERENCE held before Judge George H. Wu. The Court adopts the schedule as indicated on the record. Further scheduling will be held at the Markman Hearing on March 15, 2021. Court and counsel discuss mediation before a magistrate judge. Counsel will confer and advise the court clerk of their decision. A scheduling conference in the Kentucky matter is set for August 17, 2020 at 8:30 a.m., with a joint scheduling report to be filed by August 11, 2020. Counsel are to advise the clerk once the Kentucky matter has been filed in this district. Court Reporter: Terri A Hourigan. (lom)
July 22, 2020 Opinion or Order Filing 30 Notice of Appearance or Withdrawal of Counsel: for attorney Jennifer L Barry counsel for Plaintiff Delta T LLC. Adding Jennifer L. Barry as counsel of record for Delta T LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Delta T LLC. (Attorney Jennifer L Barry added to party Delta T LLC(pty:pla))(Barry, Jennifer)
July 20, 2020 Opinion or Order Filing 29 NOTICE OF MOTION AND MOTION to Dismiss MacroAir Technologies, Inc.'s First Amended Counterclaims Seeking Declaratory Judgment of Invalidity and Non-Infringement filed by Plaintiff Delta T LLC. Motion set for hearing on 9/10/2020 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Declaration of Kyle A. Virgien, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order) (Virgien, Kyle)
July 9, 2020 Opinion or Order Filing 28 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7 days, filed by Plaintiff Delta T LLC, Counter Defendant Delta T LLC.. (Attachments: #1 Exhibit A)(Virgien, Kyle)
July 6, 2020 Opinion or Order Filing 27 ORDER Granting Unopposed Motion for an Extension to Respond to Counterclaims by Judge George H. Wu re: #25 MOTION for Extension of Time to File. Accordingly, it is hereby ORDERED that the deadline for Plaintiff and Counterclaim Defendant Delta T LLC d/b/a/ Big Ass Fans to respond to MacroAir's counterclaims is extended to and including July 20, 2020. (mrgo)
July 6, 2020 Opinion or Order Filing 26 Amended COUNTERCLAIM against Counterdefendant Delta T LLC; Jury Demand, filed by Counterclaimant MacroAir Technologies, Inc.. (Attachments: #1 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, #11 Exhibit 11)(Lobbin, Stephen)
July 2, 2020 Opinion or Order Filing 25 NOTICE OF MOTION AND MOTION for Extension of Time to File Response to Counterclaims filed by Plaintiff Delta T LLC. (Attachments: #1 Declaration of Kyle A. Virgien, #2 Proposed Order) (Virgien, Kyle)
June 19, 2020 Opinion or Order Filing 24 WAIVER OF SERVICE Returned Executed filed by Third-Party Plaintiff MacroAir Technologies, Inc.. upon Electric Torque Machines, Inc. waiver sent by Plaintiff on 6/16/2020, answer due 8/17/2020. Waiver of Service signed by Colin M. Proksel. (Lobbin, Stephen)
June 15, 2020 Opinion or Order Filing 23 NOTICE of Interested Parties filed by Defendant MacroAir Technologies, Inc., (Lobbin, Stephen)
June 15, 2020 Opinion or Order Filing 22 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND, THIRD PARTY COMPLAINT against Electric Torque Machines, Inc., COUNTERCLAIM against Delta T LLC filed by Defendant MacroAir Technologies, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Lobbin, Stephen)
June 11, 2020 Opinion or Order Filing 21 MINUTE ORDER IN CHAMBERS - ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu. The Court sets a Scheduling Conference for July 23, 2020 at 8:30 a.m. Counsel are reminded of their obligations to disclose information, confer on a discovery plan, and report to the Court, as required by F.R.C.P. 26 and the Local Rules of this Court. Trial counsel are ordered to be present. A Joint 26(f) Report shall be filed with the Court no later than July 9, 2020. See Local Rule 26-1. (mrgo)
June 11, 2020 Opinion or Order Filing 20 STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS by Judge George H. Wu. (lom)
June 5, 2020 Opinion or Order Filing 19 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Kenly Kiya Kato to Judge George H. Wu for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Gail J. Standish. The case number will now reflect the initials of the transferee Judges 5:20-cv-00728 GW(GJSx). (rn)
June 4, 2020 Opinion or Order Filing 18 DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiff Delta T LLC. (Virgien, Kyle)
May 11, 2020 Opinion or Order Filing 17 STIPULATION Extending Time to Answer the complaint as to MacroAir Technologies, Inc. answer now due 6/15/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant MacroAir Technologies, Inc..(Attorney Stephen M Lobbin added to party MacroAir Technologies, Inc.(pty:dft))(Lobbin, Stephen)
April 24, 2020 Opinion or Order Filing 16 PROOF OF SERVICE Executed by Plaintiff Delta T LLC, upon Defendant MacroAir Technologies, Inc. served on 4/23/2020, answer due 5/14/2020. Service of the Summons and Complaint were executed upon Jaylin Krell, authorized agent in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Virgien, Kyle)
April 15, 2020 Opinion or Order Filing 15 ORDER by Magistrate Judge Kenly Kiya Kato: granting #12 Non-Resident Attorney Clement J. Naples' APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Delta T LLC, designating Thomas W. Yeh as local counsel. (hr)
April 15, 2020 Opinion or Order Filing 14 ORDER by Magistrate Judge Kenly Kiya Kato: granting #7 Non-Resident Attorney Surendra K. Ravula's APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Delta T LLC, designating Thomas W. Yeh as local counsel. (hr)
April 14, 2020 Opinion or Order Filing 13 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (dts)
April 9, 2020 Opinion or Order Filing 12 APPLICATION of Non-Resident Attorney Clement J. Naples to Appear Pro Hac Vice on behalf of Plaintiff Delta T LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26034578) filed by Plaintiff Delta T LLC. (Attachments: #1 Declaration of Clement J. Naples, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order) (Yeh, Thomas)
April 9, 2020 Opinion or Order Filing 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Clement J. Naples. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car)
April 9, 2020 Opinion or Order Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant MacroAir Technologies, Inc. (car)
April 9, 2020 Opinion or Order Filing 9 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Kenly Kiya Kato. (Attachments: #1 CV-11C) (car)
April 8, 2020 Opinion or Order Filing 8 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Delta T LLC. (Yeh, Thomas)
April 8, 2020 Opinion or Order Filing 7 APPLICATION of Non-Resident Attorney Surendra K. Ravula to Appear Pro Hac Vice on behalf of Plaintiff Delta T LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26021713) filed by Plaintiff Delta T LLC. (Attachments: #1 Proposed Order) (Yeh, Thomas)
April 8, 2020 Opinion or Order Filing 6 Notice of Appearance or Withdrawal of Counsel: for attorney Kyle A Virgien counsel for Plaintiff Delta T LLC. Adding Kyle A. Virgien as counsel of record for Delta T LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Delta T LLC. (Virgien, Kyle)
April 8, 2020 Opinion or Order Filing 5 Notice of Appearance or Withdrawal of Counsel: for attorney Thomas W Yeh counsel for Plaintiff Delta T LLC. Adding Thomas W. Yeh as counsel of record for Delta T LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Delta T LLC. (Yeh, Thomas)
April 8, 2020 Opinion or Order Filing 4 Certification and Notice of Interested Parties filed by Plaintiff Delta T LLC, identifying Delta T LLC d/b/a Big Ass Fans, Big Ass Holding, LLC, Goldberg Lindsay & Co., LLC a/k/a Lindsay Goldberg and MacroAir Technologies, Inc.. (Attorney Thomas W Yeh added to party Delta T LLC(pty:pla))(Yeh, Thomas)
April 8, 2020 Opinion or Order Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Delta T LLC. (Yeh, Thomas)
April 8, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed by Plaintiff Delta T LLC. (Yeh, Thomas)
April 8, 2020 Opinion or Order Filing 1 COMPLAINT Receipt No: ACACDC-26021092 - Fee: $400, filed by Plaintiff Delta T LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Attorney Kyle A Virgien added to party Delta T LLC(pty:pla))(Virgien, Kyle)

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Search for this case: Delta T LLC v. MacroAir Technologies, Inc.
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Plaintiff: Delta T LLC
Represented By: Kyle A Virgien
Represented By: Thomas W Yeh
Represented By: Clement J Naples
Represented By: Surendra K Ravula
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Plaintiff: Delta T LLC doing business as Big Ass Fans
Represented By: Kyle A Virgien
Represented By: Thomas W Yeh
Represented By: Clement J Naples
Represented By: Surendra K Ravula
Represented By: Ann Marie Wahls
Represented By: Brenda L. Danek
Represented By: Chase A. Chesser
Represented By: Daniel H. Shulman
Represented By: Deborah Anne Hedley
Represented By: Jenny J. Wang
Represented By: John K. Burke
Represented By: Jennifer L Barry
Represented By: Maura L. Riley
Represented By: Michael J. Turgeon
Represented By: Monika J. Malek
Represented By: Patrick Justman
Represented By: Thomas W. Yeh
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3rd party plaintiff: MacroAir Technologies, Inc.
Represented By: Stephen M. Lobbin
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3rd party defendant: Electric Torque Machines, Inc.
Represented By: Carolyn Sing Toto
Represented By: Michael S Horikawa
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