Rhyn Noll v. Street Surfing LLC et al
| Rhyn Noll |
| Ron Jon Surf Shop of Florida Inc, Rip Curl Inc, Joe's Sports Outdoor and More, FAO Schwarz Inc, Modells Sporting Goods Inc, Academy Sports and Outdoors, Dunham's Athleisure Corporation, Benny's Inc, Dick's Sporting Goods, Inc., Sport Chalet Inc, Target Corporation, TSA Stores Inc, Winmark Corporation, Street Surfing LLC, Big 5 Sporting Goods Corp., Chick's Sporting Goods, Inc., FRED CL HOLDINGS, INC., formerly known as FAO SCHWARZ, INC., Michigan Sporting Goods Distributors Inc, WalMart Stores Inc, Sheel's All Sports Inc, GI Joe's Inc and DOES 1 through 10, inclusive |
| 8:2008cv00617 |
| June 3, 2008 |
| US District Court for the Central District of California |
| Southern Division - Santa Ana Office |
| Marc L Goldman |
| Andrew J Guilford |
| Trademark |
| 15 U.S.C. § 1114 |
| Both |
Docket Report
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This docket was last retrieved on July 12, 2010. A more recent docket listing may be available from PACER.
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Filing 145
ORDER by Judge Andrew J. Guilford re: Stipulation of Voluntary Dismissal of Big 5 Corp., Erroneously Sued as Big 5 Sporing Goods Corp., With Prejudice. The Second Amended Complaint filed by Plaintiff RHYN NOLL is hereby dismissed, with prejudice, against Defendant BIG 5 CORP., erroneously sued as BIG 5 SPORTING GOODS CORP., ONLY, pursuant to FRCP 41(a)(1), with each side to bear their own costs. (Made JS-6. Case Terminated.) (db)
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| Filing 144 STIPULATION to Dismiss Case pursuant to FRCP 41(a)(1) filed by Plaintiff Rhyn Noll.(Linde, Douglas) |
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Filing 143
ORDER by Judge Andrew J. Guilford re: Stipulation of Voluntary Dismissal of Defendant Benny's Inc. With Prejudice. (db)
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Filing 142
ORDER by Judge Andrew J. Guilford re: Stipulation of Voluntary Dismissal of Defendant Dunhams Athleisure Corporation With Prejudice. Dunham's Athleisure Corporation terminated. (db)
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Filing 141
ORDER by Judge Andrew J. Guilford, Granting Stipulation to Dismiss Party #123 . The Second Amended Complaint filed by Plaintiff RHYN NOLL is hereby dismissed, with prejudice, against Defendant FRED CL HOLDINGS, formerly known as FAO SCHWARZ, INC., ONLY, pursuant to FRCP 41(a)(1), with each side to bear their own costs. (ade)
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Filing 140
ORDER by Judge Andrew J. Guilford, Granting Stipulation to Dismiss Party #124 . The Second Amended Complaint filed by Plaintiff RHYN NOLL is hereby dismissed, with prejudice, against Defendant MICHIGAN SPORTING GOODS DISTRIBUTORS, INC. d/b/a MC SPORTS, ONLY, pursuant to FRCP 41(a)(1), with each side to bear their own costs. (ade)
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Filing 139
ORDER by Judge Andrew J. Guilford, Granting Stipulation to Dismiss Party #125 . The Second Amended Complaint filed by Plaintiff RHYN NOLL is hereby dismissed, with prejudice, against Defendant MODELLS SPORTING GOODS, INC., ONLY, pursuant to FRCP 41(a)(1), with each side to bear their own costs. IT IS SO ORDERED. (ade)
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Filing 138
ORDER by Judge Andrew J. Guilford, Granting Stipulation to Dismiss Party #126 . The Second Amended Complaint filed by Plaintiff RHYN NOLL is hereby dismissed, with prejudice, against Defendant SCHEELS ALL SPORTS, INC., ONLY, pursuant to FRCP 41(a)(1), with each side to bear their own costs. IT IS SO ORDERED. (ade)
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Filing 137
ORDER by Judge Andrew J. Guilford re: Stipulation of Voluntary Dismissal of Defendant Street Surfing, LLC With Prejudice. Street Surfing LLC terminated. (db)
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Filing 136
ORDER by Judge Andrew J. Guilford, Granting Stipulation to Dismiss Party #128 . The Second Amended Complaint filed by Plaintiff RHYN NOLL is hereby dismissed, with prejudice, against Defendant TARGET CORPORATION, ONLY, pursuant to FRCP 41(a)(1), with each side to bear their own costs. IT IS SO ORDERED. (ade)
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Filing 135
ORDER by Judge Andrew J. Guilford re: Stipulation of Voluntary Dismissal of Defendant TSA Stores, Inc. (The Sports Authority) With Prejudice [FRCP 41(a)(1)]. The Second Amended Complaint filed by Plaintiff RHYN NOLL is hereby dismissed, with prejudice, against Defendant TSA STORES, INC. (The Sports Authority), ONLY, pursuant to FRCP 41(a)(1), with each side to bear their own costs. (db)
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Filing 134
ORDER by Judge Andrew J. Guilford, Granting Stipulation to Dismiss Party #130 . The Second Amended Complaint filed by Plaintiff RHYN NOLL is herebydismissed, with prejudice, against Defendant WINMARK CORPORATION d/b/aPLAY IT AGAIN SPORTS, ONLY, pursuant to FRCP 41(a)(1), with each side to beartheir own costs. (ade)
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Filing 133
ORDER by Judge Andrew J. Guilford, Granting Stipulation to Dismiss Party #131 . The Second Amended Complaint filed by Plaintiff RHYN NOLL is hereby dismissed, with prejudice, against RON JON SURF SHOP OF FLA., INC. ONLY, pursuant to FRCP 41(a)(1), with each side to bear their own costs. (ade)
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| Filing 132 Joint STIPULATION to Dismiss Defendant Rip Curl Inc filed by Plaintiff Rhyn Noll. (Attachments: #1 Proposed Order)(Allen, Erica) |
| Filing 131 Joint STIPULATION to Dismiss Defendant Ron Jon Surf Shop of Florida Inc filed by Plaintiff Rhyn Noll. (Attachments: #1 Proposed Order)(Linde, Douglas) |
| Filing 130 Joint STIPULATION to Dismiss Defendant Winmark Corporation filed by Defendant Winmark Corporation. (Attachments: #1 Proposed Order)(Berstein, David) |
| Filing 129 Joint STIPULATION to Dismiss Defendant TSA Stores Inc filed by Defendant TSA Stores Inc. (Attachments: #1 Proposed Order)(Berstein, David) |
| Filing 128 Joint STIPULATION to Dismiss Defendant Target Corporation filed by Defendant Target Corporation. (Attachments: #1 Proposed Order)(Berstein, David) |
| Filing 127 Joint STIPULATION to Dismiss Defendant Street Surfing LLC filed by Defendant Street Surfing LLC. (Attachments: #1 Proposed Order)(Berstein, David) |
| Filing 126 Joint STIPULATION to Dismiss Defendant Sheel's All Sports Inc filed by Defendant Sheel's All Sports Inc. (Attachments: #1 Proposed Order)(Berstein, David) |
| Filing 125 Joint STIPULATION to Dismiss Defendant Modells Sporting Goods Inc filed by Defendant Modells Sporting Goods Inc. (Attachments: #1 Proposed Order)(Berstein, David) |
| Filing 124 Joint STIPULATION to Dismiss Defendant Michigan Sporting Goods Distributors Inc filed by Defendant Michigan Sporting Goods Distributors Inc. (Attachments: #1 Proposed Order)(Berstein, David) |
| Filing 123 Joint STIPULATION to Dismiss Defendant FRED CL HOLDINGS, INC., formerly known as FAO SCHWARZ, INC. filed by Defendant FRED CL HOLDINGS, INC., formerly known as FAO SCHWARZ, INC.. (Attachments: #1 Proposed Order)(Berstein, David) |
| Filing 122 Joint STIPULATION to Dismiss Defendant Dunham's Athleisure Corporation filed by Defendant Dunham's Athleisure Corporation. (Attachments: #1 Proposed Order)(Berstein, David) |
| Filing 121 Joint STIPULATION to Dismiss Defendant Benny's Inc filed by Defendant Benny's Inc. (Attachments: #1 Proposed Order)(Berstein, David) |
| Filing 120 STIPULATION to Dismiss Defendant Big 5 Sporting Goods Corp. filed by Plaintiff Rhyn Noll. (Attachments: #1 Proposed Order)(Allen, Erica) |
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Filing 119
ORDER by Judge Andrew J. Guilford, GRANTING Stipulation to dismiss Sport Chalet, only #118 . (ade)
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| Filing 118 STIPULATION to Dismiss Defendant Sport Chalet Inc filed by Plaintiff Rhyn Noll. (Attachments: #1 Proposed Order)(Linde, Douglas) |
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Filing 117
ORDER by Judge Andrew J. Guilford, Granting Stipulation to Dismiss Party #116 . The Second Amended Complaint filed by Plaintiff RHYN NOLL is hereby dismissed, with prejudice, against DICKS SPORTING GOODS, INC. and CHICKS SPORTING GOODS, INC. ONLY, pursuant to FRCP 41(a)(1), with each side to bear their own costs. (ade)
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| Filing 116 STIPULATION to Dismiss Defendants Chick's Sporting Goods, Inc., Dick's Sporting Goods, Inc. filed by Plaintiff Rhyn Noll. (Attachments: #1 Proposed Order)(Linde, Douglas) |
| Filing 115 MINUTES OF Status Conference re settlement held before Judge Andrew J. Guilford: Cause called. Hearing held. Court and counsel confer re settlement. Counsel are instructed to immediately submit dismissals as to appropriate parties. Per Mr. Chen's request, the matter is continued for trial setting conference; Status Conference set for 7/12/2010 09:00 AM before Judge Andrew J. Guilford.Court Reporter: Denise Paddock. (twdb) |
| Filing 114 MINUTES OF Status Conference re settlement held before Judge Andrew J. Guilford: Cause called. Hearing held. Court and counsel confer re status of settlement. Counsel are instructed to immediately submit dismissals as to appropriate parties. Per Mr. Chen's request, the matter is continued to 7/12/10 at 9:00 am for trial setting conference Court Reporter: Denise Paddock.(twdb) |
| Filing 113 MINUTES OF Status Conference re Settlement held before Judge Andrew J. Guilford. Court and counsel discuss the matter. Status Conference is continued to June 21, 2010 at 9:00 a.m. Should a dismissal be filed prior to that date, there is no need for any appearances. Court Reporter: Denise Paddock. (db) |
| Filing 112 MINUTES OF Scheduling Conference held before Judge Andrew J. Guilford. Counsel advise the Court that this matter has settled. Matter is continued to May 17, 2010 at 9:00 a.m. for a status conference re: settlement. If a dismissal has been filed prior to that date, there is no need for an appearance on behalf of the parties. Court Reporter: Denise Paddock. (db) |
| Filing 111 NOTICE of Settlement filed by Plaintiff Rhyn Noll. (Allen, Erica) |
| Filing 110 STATUS REPORT filed by Plaintiff Rhyn Noll. (Linde, Douglas) |
| Filing 109 MINUTES OF IN CHAMBERS ORDER Granting Plaintiff's Request to Reopen Action held before Judge Andrew J. Guilford #106 . Plaintiff Rhyn Noll (Plaintiff) filed a Motion to Reopen Action and Issue Scheduling Order (Motion). The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78. Accordingly, the Court VACATES the hearing on this matter scheduled for March 22, 2010. After considering the parties arguments, the Court GRANTS the Motion. The parties filed a notice of settlement, and on December 30, 2009, this Court issued an order staying the case and removing the case from the active caseload, subject to the right to reopen if settlement or dismissal documents were not filed by March 1, 2010. The parties have not filed settlement or dismissal documents because they have not reached a final agreement. Accordingly, good cause exists to lift the stay, so Plaintiffs Motion is GRANTED. All parties are ORDERED to appear for a scheduling conference on April 19, 2010, at 9:00 a.m. The parties are further ORDERED to meet and confer, and to file a joint status report by April 12, 2010. (db) |
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Filing 108
MINUTES (IN CHAMBERS): ORDER by Judge Andrew J. Guilford: GRANT #106 : The Court VACATES the hearing on this matter scheduled for March 22, 2010. After considering the parties' arguments, the Court GRANTS the Motion. The parties have not filed settlement or dismissal documents because they have not reached a final agreement. Accordingly, good cause exists to lift the stay, so Plaintiff's Motion is GRANTED. All parties are ORDERED to appear for a scheduling conference on April 19, 2010, at 9:00 a.m. The parties are further ORDERED to meet and confer, and to file a joint status report by April 12, 2010. (rla)
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| Filing 107 MEMORANDUM in Opposition to REQUEST to Reopen Case #106 filed by Defendant Street Surfing LLC. (Attachments: #1 Declaration of Eric J. Goodman, Esquire in Support of Opposition)(Berstein, David) |
| Filing 106 REQUEST to Reopen Case filed by Plaintiff Rhyn Noll. Request set for hearing on 3/22/2010 at 10:00 AM before Judge Andrew J. Guilford. (Allen, Erica) |
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Filing 105
MINUTES OF IN CHAMBERS ORDER by Judge Andrew J. Guilford: STAYING ACTION PENDING FINAL SETTLEMENT AND REMOVING CASE FROM ACTIVE CASELOAD: The Court hereby orders all proceedings in the case stayed pending final settlement. It is further ordered that this action is removed from the Court's active caseload, subject to the right, upon good cause shown by March 1, 2010, to reopen the action if settlement is not consummated. Counsel shall file settlement documents and/or a dismissal with this Court by March 1, 2010. The Court retains full jurisdiction over this action and this order shall not prejudice any party in the action. All hearing dates in this matter are ordered vacated. (Made JS-6. Case Terminated.) (rla)
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| Filing 104 NOTICE of Settlement Rhyn Noll, Street Surfing LLC. (Berstein, David) |
| Filing 103 NOTICE OF CHANGE OF FIRM AFFILIATION AND ADDRESS filed by Defendant/Counterdefendant Ron Jon Surf Shop of Florida Inc. (Leslie, Michael) |
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Filing 102
SUPPLEMENTAL PROTECTIVE ORDER by Magistrate Judge Marc L. Goldman pursuant to Stipulation #101 . (See Order for details) (db)
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| Filing 101 STIPULATION to Supplement Protective Order #74 , Protective Order #24 filed by Defendants Dick's Sporting Goods, Inc., Chick's Sporting Goods, Inc.. (Attachments: #1 Proposed Order)(Riopelle, Brian) |
| Filing 100 ANSWER to Counterclaims of Defendant Ron Jon Surf Shop of Fla., Inc. filed by Counterdefendant Rhyn Noll.(LippSmith, Graham) |
| Filing 99 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected, correct event is Substitute Attorney (G-01) RE: Miscellaneous Document #98 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (rrp) |
| Filing 98 Substitution of Attorney filed by Defendant Sheel's All Sports Inc (Pollak, Michael) Modified on 9/18/2009 (rrp). |
| Filing 97 Notice of Interested Parties filed by Defendant Rip Curl Rip Curl Inc, identifying None. (Songstad, L) |
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Filing 96
ORDER held before Judge Andrew J. Guilford: GRANTING MOTION to Dismiss for Lack of Jurisdiction and Untimely Service #84 . The Motion is granted on the basis of untimely service. Thus, the Court need not rule address the parties arguments regarding personal jurisdiction. (ade)
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Filing 95
MINUTES (IN CHAMBERS) ORDER by Judge Andrew J. Guilford granting #84 Motion to Dismiss for Lack of Jurisdiction. The Court orders that the tentative ruling shall become the order of this Court. Order Granting Motion to Dismiss is signed and filed. (ade)
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| Filing 94 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected, correct event is Certificate of Interested Parties RE: Miscellaneous Document #93 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (rrp) |
| Filing 93 Certification and Notice of Interested Parties filed by Defendant Benny's Inc re: Answer to Complaint #89 (Berstein, David) |
| Filing 92 ANSWER to Amended Complaint,, #45 filed by Defendant FRED CL HOLDINGS, INC., formerly known as FAO SCHWARZ, INC.. (Attachments: #1 Certification and Notice of Interested Parties)(Berstein, David) |
| Filing 91 REPLY in support of MOTION to Dismiss for Lack of Jurisdiction and Untimely Service #84 filed by Defendant Academy Sports and Outdoors. (Berstein, David) |
| Filing 90 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties RE: Answer to Complaint #89 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (rrp) |
| Filing 89 ANSWER to Amended Complaint,, #45 filed by Defendant Benny's Inc.(Berstein, David) |
| Filing 88 DECLARATION of DOUGLAS A. LINDE IN OPPOSITION TO MOTION to Dismiss for Lack of Jurisdiction and Untimely Service #84 filed by Plaintiff Rhyn Noll. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Linde, Douglas) |
| Filing 87 OPPOSITION IN OPPOSITION re: MOTION to Dismiss for Lack of Jurisdiction and Untimely Service #84 filed by Plaintiff Rhyn Noll. (Linde, Douglas) |
| Filing 86 ANSWER to Amended Complaint,, #45 filed by Defendant Modells Sporting Goods Inc.(Berstein, David) |
| Filing 85 ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT filed by Defendant Sheel's All Sports Inc.(Barer, Daniel) |
| Filing 84 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Untimely Service filed by Defendant Academy Sports and Outdoors. Motion set for hearing on 9/14/2009 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Declaration of Brandy Landrum, #2 Declaration of Lora Toureilles, #3 Declaration of David A. Berstein, Esquire, #4 Proposed Order)(Berstein, David) |
| Filing 83 PROOF OF SERVICE Executed by Plaintiff Rhyn Noll, upon Sheel's All Sports Inc served on 7/18/2009, answer due 8/7/2009. Original Summons not returned. (LippSmith, Graham) |
| Filing 82 ANSWER to Amended Complaint,, #45 filed by Defendant Dunham's Athleisure Corporation. (Attachments: #1 Certification and Notice of Interested Parties)(Berstein, David) |
| Filing 81 PROOF OF SERVICE Executed by Plaintiff Rhyn Noll, upon Academy Sports and Outdoors served on 7/16/2009, answer due 8/17/2009. Original Summons not returned. (LippSmith, Graham) |
| Filing 80 PROOF OF SERVICE Executed by Plaintiff Rhyn Noll, upon FAO Schwarz Inc served on 7/20/2009, answer due 8/9/2009. Original Summons not returned. (LippSmith, Graham) |
| Filing 79 PROOF OF SERVICE Executed by Plaintiff Rhyn Noll, upon Modells Sporting Goods Inc served on 7/20/2009, answer due 8/9/2009. Original Summons not returned. (LippSmith, Graham) |
| Filing 78 PROOF OF SERVICE Executed by Plaintiff Rhyn Noll, upon Dunham's Athleisure Corp. [corrected] Original Summons not returned. (LippSmith, Graham) |
| Filing 77 ANSWER to Second Amended Complaint filed by Defendant Rip Curl, Inc. Rip Curl Inc.(Songstad, L) |
| Filing 76 FIRST STIPULATION Extending Time to Answer the complaint as to Academy Sports and Outdoors answer now due 8/17/2009, filed by defendant Academy Sports and Outdoors.(Larson, Wendy) |
| Filing 75 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Dunham's Athleisure Corporation #73 . The Clerk cannot enter the requested relief as no declaration as requried by FRCP 55(a); Proof of Service Summons and Complaint #64 does not reference Second Amended Complaint; Request for Clerk to Enter Default #73 lacks a proof of service. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (rla) |
| Filing 73 REQUEST for Clerk to Enter Default against Defendant Dunham's Athleisure Corporation filed by Plaintiff Rhyn Noll. (Attachments: #1 Proposed Order)(Allen, Erica) |
| Filing 72 PROOF OF SERVICE Executed by Plaintiff Rhyn Noll, upon Benny's Inc served on 7/16/2009, answer due 8/5/2009. Original Summons not returned. (LippSmith, Graham) |
| Filing 71 PROOF OF SERVICE Executed by Plaintiff Rhyn Noll, upon Rip Curl Inc served on 7/13/2009, answer due 8/2/2009. Original Summons not returned. (LippSmith, Graham) |
| Filing 70 PROOF OF SERVICE Executed by Plaintiff Rhyn Noll, upon Sport Chalet Inc served on 7/10/2009, answer due 7/30/2009. Original Summons not returned. (LippSmith, Graham) |
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Filing 74
AMENDED PROTECTIVE ORDER by Magistrate Judge Marc L. Goldman (ade)
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| Filing 69 ANSWER To Plaintiff's Second Amended Complaint filed by Defendant Sport Chalet Inc.(Horwitz, John) |
| Filing 68 STIPULATION to Amend Protective Order #24 filed by Defendant Street Surfing LLC. (Attachments: #1 Proposed Amended Protective Order)(Berstein, David) |
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Filing 67
ORDER by Judge Andrew J. Guilford, GRANTING Stipulation to Continue #66 , Set/Reset Deadlines/Hearings:( Discovery cut-off 11/23/2009. Final Pretrial Conference set for 2/8/2010 08:30 AM before Judge Andrew J. Guilford. Jury Trial set for 2/23/2010 09:00 AM before Judge Andrew J. Guilford.) (ade)
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| Filing 66 STIPULATION to Continue TRIAL from October 20, 2009 to April 20, 2010 filed by Plaintiff Rhyn Noll. (Attachments: #1 Proposed Order)(Linde, Douglas) |
| 20 DAY Summons Issued re Second Amended Complaint #45 as to Defendants Winmark Corporation, Big 5 Sporting Goods Corp., TSA Stores Inc, Ron Jon Surf Shop of Florida Inc, Academy Sports and Outdoors, Benny's Inc, Dunham's Athleisure Corporation, FAO Schwarz Inc, GI Joe's Inc, Joe's Sports Outdoor and More, Michigan Sporting Goods Distributors Inc, Modells Sporting Goods Inc, Rip Curl Inc, Sheel's All Sports Inc, Sport Chalet Inc, Street Surfing LLC, Dick's Sporting Goods, Inc., WalMart Stores Inc, Chick's Sporting Goods, Inc., Target Corporation. (smi) |
| Filing 65 PROOF OF SERVICE Executed by Plaintiff Rhyn Noll, upon Winmark Corporation served on 3/25/2009, answer due 5/4/2009. Original Summons not returned. (LippSmith, Graham) |
| Filing 64 PROOF OF SERVICE Executed by Plaintiff Rhyn Noll, upon Dunham's Athleisure Corporation served on 3/25/2009, answer due 4/14/2009. Original Summons not returned. (LippSmith, Graham) |
| Filing 63 PROOF OF SERVICE Executed by Plaintiff Rhyn Noll, upon Dick's Sporting Goods, Inc. served on 3/25/2009, answer due 4/14/2009. Original Summons not returned. (LippSmith, Graham) |
| Filing 62 PROOF OF SERVICE Executed by Plaintiff Rhyn Noll, upon Joe's Sports Outdoor and More served on 3/25/2009, answer due 4/14/2009. Original Summons not returned. (LippSmith, Graham) |
| Filing 61 PROOF OF SERVICE Executed by Plaintiff Rhyn Noll, upon Ron Jon Surf Shop of Florida Inc served on 3/25/2009, answer due 6/14/2009. Original Summons not returned. (LippSmith, Graham) |
| Filing 60 PROOF OF SERVICE Executed by Plaintiff Rhyn Noll, upon GI Joe's Inc served on 3/2/2009, answer due 3/22/2009. Original Summons not returned. (LippSmith, Graham) |
| Filing 59 PROOF OF SERVICE Executed by Plaintiff Rhyn Noll, upon Michigan Sporting Goods Distributors Inc served on 3/16/2009, answer due 4/5/2009. Original Summons not returned. (LippSmith, Graham) |
| Filing 58 PROOF OF SERVICE Executed by Plaintiff Rhyn Noll, upon Chick's Sporting Goods, Inc. served on 3/25/2009, answer due 4/14/2009. Original Summons Not returned. (LippSmith, Graham) |
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Filing 57
ORDER by Judge Andrew J. Guilford granting #56 Application to Appear Pro Hac Vice by Attorney Lisa N. Kaufman on behalf of Defendant Ron Jon Surf Shop of Florida, Inc., designating Michael R. Leslie as local counsel. (dg)
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| Filing 56 APPLICATION for attorney LISA NADINE KAUFMAN to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005508320 paid.) filed by Defendant Ron Jon Surf Shop of Florida Inc. (Attachments: #1 Proposed Order APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE)(Leslie, Michael) |
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Filing 55
ORDER by Judge Andrew J. Guilford granting #37 Application to Appear Pro Hac Vice by Attorney Mark R. Privratsky on behalf of Defendant Winmark Corporation, designating Eric J. Goodman as local counsel. (dg)
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| Filing 54 CERTIFICATE of Interested Parties filed by Defendant Ron Jon Surf Shop of Florida Inc, identifying Sister companies Ron Jon Worldwide, Inc. and Ron Jon Surf Shop of Sawgrass Mills, Inc.. (Leslie, Michael) |
| Filing 53 COUNTERCLAIMS filed by Counterclaimant Ron Jon Surf Shop of Florida Inc against Counter Defendant Rhyn Noll. Jury Demanded.(smi) |
| Filing 52 COUNTERCLAIM OF DEFENDANT RON JON SURF SHOP OF FLA., INC. filed by Defendant Ron Jon Surf Shop of Florida Inc DEMAND FOR JURY TRIAL re: Answer to Complaint #51 , Amended Complaint,, #45 (Leslie, Michael) |
| Filing 51 ANSWER to Amended Complaint,, #45 DEMAND FOR JURY TRIAL filed by Defendant Ron Jon Surf Shop of Florida Inc.(Leslie, Michael) |
| Filing 50 Based upon the stipulation of the parties, and good cause existing therefore, the first cause of action for breach of contract to assign trademark filed by plaintiff Street Surfing, LLC against defendant Rhyn Noll, shall hereby be dismissed with prejudice and the second cause of action filed by plaintiff Street Surfing, LLC against defendant Rhyn Noll for Declaratory Relief - non infringement of trademark and non-violation of Lanham Act Section 43(a)shall hereby be dismissed without prejudice. The hearing on defendant Rhyn Noll's Motion for Summary Judgment, currently set for June 22, 2009 is hereby vacated as moot. IT IS SO ORDERED Judge Andrew J. Guilford. (ade) |
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Filing 49
ORDER Granting Application to Appear Pro Hac Vice #48 by Judge Andrew J. Guilford. Attorney David E. Finkelson to appear on behalf of Defendants Dick's Sporting Goods, Inc. and Chick's Sporting Goods, Inc., designating Leslie M. Werlin as local counsel. (lwag)
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| Filing 48 APPLICATION for attorney David E. Finkelson to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005370852 paid.) filed by Defendants Dick's Sporting Goods, Inc., Chick's Sporting Goods, Inc.. (Attachments: #1 Proposed Order)(Werlin, Leslie) |
| Filing 47 ANSWER to Amended Complaint,, #45 filed by Defendant Michigan Sporting Goods Distributors Inc. (Attachments: #1 Certification and Notice of Interested Parties)(Berstein, David) |
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Filing 46
ORDER Granting Defendant Ron Jon Surf Shop of Florida Inc. Additional Time to Respond to Plaintiff's Second Amended Complaint #44 . Defendant Ron John Surf Shop is granted an additional thirdy days to respond to the Second akmended Complaint. Ron Jon Surf Shop shall file its responsive pleading not later than 06/14/2009 by Judge Andrew J. Guilford. (db)
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| Filing 44 STIPULATION for Extension of Time to File Answer to 6/15/09 filed by Defendant Ron Jon Surf Shop of Florida Inc.(smi) |
| Filing 43 NOTICE OF LODGING filed REQUESTS FOR ADMISSIONS re MOTION for Partial Summary Judgment as to Street Surfing, LLC's First Cause Of Action For Breach Of Contract #39 (Attachments: #1 Exhibit 1 Part 1, #2 Exhibit 1 Part 2, #3 Exhibit 1 Part 3, #4 Exhibit 2, #5 Exhibit 3)(Linde, Douglas) |
| Filing 42 STATEMENT of Uncontroverted Facts MOTION for Partial Summary Judgment as to Street Surfing, LLC's First Cause Of Action For Breach Of Contract #39 filed by Plaintiff Rhyn Noll. (Linde, Douglas) |
| Filing 41 DECLARATION of Jasun Weiner In Support Of MOTION for Partial Summary Judgment as to Street Surfing, LLC's First Cause Of Action For Breach Of Contract #39 filed by Plaintiff Rhyn Noll. (Linde, Douglas) |
| Filing 40 DECLARATION of Rhyn Noll In Support Of MOTION for Partial Summary Judgment as to Street Surfing, LLC's First Cause Of Action For Breach Of Contract #39 filed by Plaintiff Rhyn Noll. (Linde, Douglas) |
| Filing 39 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Street Surfing, LLC's First Cause Of Action For Breach Of Contract filed by Defendant Rhyn Noll. Motion set for hearing on 6/22/2009 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Proposed Order)(Linde, Douglas) |
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Filing 38
ORDER by Judge Andrew J. Guilford Granting #35 Request to Substitute Attorney. Added attorney Eric J Goodman for Target Corporation. Attorney Marc A Fenster terminated. (nbo)
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| Filing 37 APPLICATION for attorney Mark R. Privratsky to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant Winmark Corporation. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing)(Berstein, David) |
| Filing 36 ANSWERJURY DEMAND. filed by Defendant Winmark Corporation.(Berstein, David) |
| Filing 35 REQUEST to Substitute attorney ERIC J. GOODMAN of BURKHALTER KESSLER GOODMAN & GEORGE LLP in place of attorney MARC A. FENSTER of RUSS, AUGUST & KABAT filed by Defendant Target Corporation. Request set for hearing on 5/26/2009 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Proposed Order)(Berstein, David) |
| Filing 34 Certificate of Interested Parties filed by defendant Big 5 Sporting Goods Corp., (Wang, Stacey) |
| Filing 33 ANSWER to Complaint - (Discovery) #1 filed by defendant Big 5 Sporting Goods Corp..(Wang, Stacey) |
| Filing 32 REQUEST to Substitute attorney ERIC J. GOODMAN in place of attorney MARC A. FENSTER filed by Defendant Street Surfing LLC. Request set for hearing on 4/27/2009 at 09:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Proposed Order)(Berstein, David) |
| Filing 31 Certification and Notice of Interested Parties filed by Defendants Dick's Sporting Goods, Inc., Chick's Sporting Goods, Inc., (Riopelle, Brian) |
| Filing 30 FIRST STIPULATION Extending Time to Answer the complaint as to Big 5 Sporting Goods Corp. answer now due 4/28/2009, filed by defendant Big 5 Sporting Goods Corp..(Wang, Stacey) |
| Filing 29 FIRST STIPULATION Extending Time to Answer the complaint as to Winmark Corporation answer now due 5/4/2009, filed by Defendant Winmark Corporation.(Senior, David) |
| Filing 28 Certificate of Interested Parties filed by Defendant Winmark Corporation, (Senior, David) |
| Filing 27 ANSWER to Complaint - (Discovery) #1 filed by Defendant Chick's Sporting Goods, Inc..(Riopelle, Brian) |
| Filing 26 ANSWER to Complaint - (Discovery) #1 filed by Defendant Dick's Sporting Goods, Inc..(Riopelle, Brian) |
| Filing 25 NOTICE of Appearance (Riopelle, Brian) |
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Filing 24
PROTECTIVE ORDER by Magistrate Judge Marc L. Goldman. (See Order for details) (db)
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| Filing 23 STIPULATION for Protective Order filed by Plaintiff Rhyn Noll. (Attachments: #1 Proposed Order)(Linde, Douglas) |
| Filing 45 SECOND AMENDED COMPLAINT against Defendants Academy Sports and Outdoors, Benny's Inc, Dunham's Athleisure Corporation, FAO Schwarz Inc, GI Joe's Inc, Joe's Sports Outdoor and More, Michigan Sporting Goods Distributors Inc, Modells Sporting Goods Inc, Rip Curl Inc, Sheel's All Sports Inc, Sport Chalet Inc, Play It Again Sports, Winmark Corporation, Big 5 Sporting Goods Corp., TSA Stores Inc, Ron Jon Surf Shop of Florida Inc, Street Surfing LLC, Dick's Sporting Goods, Inc., WalMart Stores Inc, Chick's Sporting Goods, Inc., Target Corporation filed by Plaintiff Rhyn Noll (smi) (Additional attachment(s) added on 7/10/2009: #1 Summons on Second Amended Complaint) (smi). |
| Filing 22 MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Guilford GRANTING PLAINTIFFS MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT #20 . The Court GRANTS Plaintiffs Motion for Leave to File Second Amended Complaint and vacates the hearing previously set for 2/2/09. The Proposed Second Amended Complaint attached to Plaintiffs Motion is now the operative pleading in this case. (smi) |
| Filing 21 REPLY In Support Of MOTION to Amend Complaint - (Discovery) #1 Second Amended Complaint MOTION to Amend Complaint - (Discovery) #1 Second Amended Complaint #20 filed by Plaintiff Rhyn Noll. (Allen, Erica) |
| Filing 20 NOTICE OF MOTION AND MOTION to Amend Complaint - (Discovery) #1 Second Amended Complaint filed by Plaintiff Rhyn Noll. Motion set for hearing on 2/2/2009 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Exhibit A, #2 Proposed Order)(Allen, Erica) |
| Filing 19 REQUEST to Substitute attorney Marc A. Fenster in place of attorney Lawrence J. Hilton filed by Defendant Street Surfing LLC. (Fenster, Marc) |
| Filing 18 APPLICATION to Substitute attorney Marc A. Fenster in place of attorney Lawrence J. Hilton filed by Defendant Target Corporation. (Fenster, Marc) |
| Filing 17 APPLICATION to Substitute attorney Marc A. Fenster in place of attorney Lawrence J. Hilton filed by Defendant TSA Stores Inc. (Fenster, Marc) |
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Filing 16
SCHEDULING ORDER Specifying Procedures by Judge Andrew J. Guilford. Set/Reset Deadlines/Hearings:( Discovery cut-off 7/20/2009. Final Pretrial Conference set for 10/6/2009 08:30 AM before Judge Andrew J. Guilford. Jury Trial set for 10/20/2009 09:00 AM before Judge Andrew J. Guilford.) (ade)
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| Filing 15 NOTICE of Change of Attorney Information for attorney Alan C Chen counsel for Defendant WalMart Stores Inc. Changing address to 1800 Century Park East, Suite 300, Los Angeles, CA 90067. Changing fax to 310-556-9828. Adding Alan C. Chen as attorney as counsel of record for Wal Mart Stores, Inc. for the reason indicated in the G-06 Notice. Filed by defendant Wal Mart Stores, Inc. (Chen, Alan) |
| Filing 14 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event is Change of Attorney Information. RE: Miscellaneous Document #13 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (nca) |
| Filing 13 Attorney information update form G76 filed by Defendant WalMart Stores Inc (Chen, Alan) |
| Filing 12 NOTICE of Change of Attorney Information for attorney Donald S Urrabazo counsel for Defendant WalMart Stores Inc. Filed by Defendant Wal-Mart Stores, Inc. (Urrabazo, Donald) |
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Filing 11
ORDER by Judge Andrew J. Guilford re: Stipulation of the Parties to Allow Plaintiff to File First Amended Complaint #9 . (nbo)
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| Filing 10 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10, filed by Plaintiff Rhyn Noll.. (Allen, Erica) |
| Filing 9 STIPULATION to Amend Complaint - (Discovery) #1 filed by plaintiff Rhyn Noll. (Attachments: #1 Exhibit 1: [Proposed] First Amended Complaint, #2 Proposed Order)(Allen, Erica) |
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Filing 8
ORDER re Early Meeting of Parties and Scheduling Conference by Judge Andrew J. Guilford, ( Scheduling Conference set for 10/20/2008 09:00 AM before Judge Andrew J. Guilford.) (ade)
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| Filing 7 Certificate of Interested Parties filed by Defendants TSA Stores Inc, Street Surfing LLC, Target Corporation, (Hilton, Lawrence) |
| Filing 6 ANSWER to Complaint - (Discovery) #1 and Demand for Jury Trial filed by Defendant WalMart Stores Inc. (Attachments: #1 Certification as to Interested Parties)(Rivera, Javier) |
| Filing 5 ANSWER to Complaint - (Discovery) #1 filed by defendants TSA Stores Inc, Street Surfing LLC, Target Corporation.(Hilton, Lawrence) |
| Filing 4 WAIVER OF SERVICE Returned Executed filed by Plaintiff Rhyn Noll. upon Street Surfing LLC waiver sent by Plaintiff on 6/9/2008, answer due 8/8/2008. Waiver of Service signed by Lawrence Hilton. (Allen, Erica) |
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Filing 3
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 07.02 by Judge Judge Alicemarie H. Stotler. Case transferred to the calendar of Judge Judge Andrew J. Guilford for all further proceedings. Case number now reads as SACV 08-617 AG (MLGx). (jal)
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| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by plaintiff Rhyn Noll, (twdb) (nca). |
| Filing 1 COMPLAINT against defendants TSA Stores Inc, DOES 1 through 10, inclusive, Street Surfing LLC, WalMart Stores Inc, Target Corporation.(Filing fee $ 350 paid) Jury Demand., filed by plaintiff Rhyn Noll.(twdb) (nca). |
| 20 DAY Summons Issued re Complaint - (Discovery) #1 as to defendants TSA Stores Inc, DOES 1 through 10, inclusive, Street Surfing LLC, WalMart Stores Inc, Target Corporation. (twdb) |
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