Fitistics LLC v. Unisen Inc et al
| Core Industries LLC and Fitistics LLC |
| Ford Insolvency Management Services Inc, Core Industries Inc, Ford ABC, Unisen Inc and Star Trac Health & Firness |
| Sean McKirdy, Robert Nutini and Erik Benjamin Cherdak |
| 8:2012cv01774 |
| October 12, 2012 |
| US District Court for the Central District of California |
| Jesus G Bernal |
| Arthur Nakazato |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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Filing 167
ORDER by Judge Jesus G. Bernal on Stipulation for Dismissal With Prejudice of Plaintff's Fourth Amended Complaint and Assignee's Amended Counterclaims and Cross-Claims #166 . IT IS HEREBY ORDERED THAT: 1. The Court APPROVES the Stipulation; 2. Plaintiff's Fourth Amended Complaint is dismissed, with prejudice, in its entirety; 3. Assignee's Amended Counterclaims and Crossclaims are dismissed, with prejudice, in their entirety; and 4. Each of Assignee, Core and Fitistics shall bear its own costs, expenses and attorneys' fees. (Made JS-6. Case Terminated.) (mg)
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| Filing 166 STIPULATION to Dismiss Case pursuant to Settlement filed by Defendant/Crossclaimant/Counterclaimant Ford Insolvency Management Services Inc. (Attachments: #1 Proposed Order, #2 Proof of Service)(Catherwood, Kathryn) |
| Filing 165 ANSWER and Affirmative Defenses to Ford Insolvency Management Services, Inc.'s Counterclaims and Crossclaims to Fourth Amended Complaint filed by Plaintiff and Counterdefendant Core Industries LLC. (Attachments: #1 Proof of Service)(Mojdehi, Ali M) |
| Filing 164 Notice of Appearance or Withdrawal of Counsel: for attorney David A Makman counsel for ThirdParty Defendant Erik Benjamin Cherdak. David Alan Makman is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Third Party Defendant Erik Benjamin Cherdak. (Makman, David) |
| Filing 163 ANSWER to Counterclaim, #152 filed by Plaintiff and Counter-defendant Fitistics LLC(a Connecticut corporation, as original plaintiff). (Attachments: #1 Certificate of Service)(Attorney John Douglas Hershberger added to party Fitistics LLC(pty:cd))(Hershberger, John) |
| Filing 161 PROOF OF SERVICE filed by Plaintiff Core Industries LLC, re Minutes of In Chambers Order/Directive - no proceeding held,, #160 served on 1/30/2014. (Mojdehi, Ali M) |
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Filing 160
AMENDED IN CHAMBERS MINUTE ORDER by Magistrate Judge Arthur Nakazato re Defendant Core Industries, LLC's motion for protective order #144 . The Motion is granted as follows: within ten (10) court days of the datethat the Court issued the stipulated Confidentiality Order #159 , Core shall produce the requested responsive documents to Ford. To the extent any party or person has a good-faith belief that a requested responsive document is confidential within the terms of the Confidentiality Order, that party or person may designate, or request to designate, that document as a confidential document. Thereafter, a document marked as confidential shall be handle and maintained in the manner required by the Confidentiality Order. (sty)
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Filing 159
ORDER on Stipulation for Procedure re Confidential Documents by Magistrate Judge Arthur Nakazato (see order for details). (sty)
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Filing 162
ORDER by Judge Jesus G. Bernal, re Stipulation to Extend Discovery Cut-Off Date #154 . The deadlines originally scheduled have been rescheduled: ( Discovery cut-off 4/4/2014.) (mrgo)
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Filing 158
NOTICE OF DISCREPANCY AND ORDER: by Judge Jesus G. Bernal, ORDERING Letter from an individual who is not a party to the action received on 01/27/2014 is not to be filed but instead rejected. Denial based on: No letters to the judge; No copy provided for judge; L.R. 11-3, improper form and format. (dro)
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| Filing 157 STIPULATION for Order for Procedure re: Confidential Documents filed by Defendant-Counterclaimant-Crossclaimant Ford Insolvency Management Services Inc. (Attachments: #1 Proposed Order, #2 Proof of Service)(Catherwood, Kathryn) |
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Filing 156
MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Arthur Nakazato: granting #144 Motion for Protective Order. (twdb)
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| Filing 155 AMENDED PROOF OF SERVICE filed by Defendant-Counterclaimant-Crossclaimant Ford Insolvency Management Services Inc, re Stipulation to Extend Discovery Cut-Off Date #154 served on 1/24/14. (Catherwood, Kathryn) |
| Filing 154 STIPULATION to Extend Discovery Cut-Off Date to April 4, 2014 filed by Defendant-Counterclaimant-Crossclaimant Ford Insolvency Management Services Inc. (Attachments: #1 Proposed Order)(Catherwood, Kathryn) |
| Filing 153 PROOF OF SERVICE filed by counter claimant, cross claimant Ford Insolvency Management Services Inc (in it's capacity as asignee for the benefit of the creditors on Unisen Inc), re Counterclaim, Crossclaim #152 , served on 1/13/2014. (ad) (ad). |
| Filing 152 COUNTERCLAIM filed by counter claimant Ford Insolvency Management Services Inc against Counter Defendants Core Industries LLC (as successor-in-interest to original plaintiff Fitistics LLC, a Connecticut corporation), Fitistics LLC (a Connecticut corporation, as original plaintiff); Jury Demand.(ad) (ad). |
| CROSSCLAIM filed by cross claimant Ford Insolvency Management Services Inc against Cross Defendants Core Industries LLC, Fitistics LLC; Jury Demand.(ad) |
| Filing 151 ANSWER to Amended Complaint, #139 Answer to Fourth Amended Complaint filed by Defendant Ford Insolvency Management Services Inc. (Attachments: #1 Proof of Service)(Catherwood, Kathryn) |
| Filing 150 Notice of Appearance or Withdrawal of Counsel: for attorney John Douglas Hershberger counsel for Counter Defendant Fitistics LLC. Adding John D. Hershberger as attorney as counsel of record for Fitistics, LLC for the reason indicated in the G-123 Notice. Filed by Counter Defendant Fitistics, LLC. (Attorney John Douglas Hershberger added to party Fitistics LLC(pty:cd))(Hershberger, John) |
| Filing 149 PROOF OF SERVICE filed by Defendant Ford Insolvency Management Services Inc, re Declaration (non-motion), #148 Proof of Service executed served on 1/10/2014. (Catherwood, Kathryn) |
| Filing 148 DECLARATION of Larry A. Ford re Joint Stipulation re Discovery Motion #145 in Support of Assignee's Portions of the Joint Stipulation on Core Industries, LLC's Motion for Protective Order filed by Defendant Ford Insolvency Management Services Inc. (Attachments: #1 Proof of Service)(Catherwood, Kathryn) |
| Filing 147 PROOF OF SERVICE filed by Plaintiff Core Industries LLC, re Declaration (Motion related), #146 , Joint Stipulation re Discovery Motion #145 , MOTION for Protective Order for Confidential Settlement Agreement and Other Documents #144 served on 1/9/2013. (Mojdehi, Ali M) |
| Filing 146 DECLARATION of Janet D. Gertz In Support MOTION for Protective Order for Confidential Settlement Agreement and Other Documents #144 filed by Plaintiff Core Industries LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Mojdehi, Ali M) |
| Filing 145 JOINT STIPULATION to MOTION for Protective Order for Confidential Settlement Agreement and Other Documents #144 filed by Plaintiff Core Industries LLC. (Mojdehi, Ali M) |
| Filing 144 NOTICE OF MOTION AND MOTION for Protective Order for Confidential Settlement Agreement and Other Documents filed by Plaintiff Core Industries LLC. Motion set for hearing on 1/30/2014 at 10:00 AM before Magistrate Judge Arthur Nakazato. (Attachments: #1 Proposed Order (Alternative) [Granting Motion], #2 Proposed Order (Alternative) [Denying Motion])(Mojdehi, Ali M) |
| Filing 143 MINUTES (IN CHAMBERS) by Magistrate Judge Arthur Nakazato: re: Stipulation for Protective Order #140 .Having read and considered the Stipulation, the Court declines to issue the Proposed Order as drafted for the following reasons. (see document for details). (dro) |
| Filing 141 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Protective Order #140 . The following error(s) was found: Title page is missing.Other error(s) with document(s) are specified below. Other error(s) with document(s): Title page missing on Proposed Order. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (adu) |
| Filing 140 STIPULATION for Protective Order filed by Plaintiff Core Industries LLC. (Attachments: #1 Proposed Order, #2 Proof of Service)(Mojdehi, Ali M) |
| Filing 139 FOURTH AMENDED COMPLAINT against defendants Ford Insolvency Management Services Inc, Star Trac Health & Firness, Unisen Inc; Party Core Industries LLC terminated amending Third Amended Complaint #49 , filed by plaintiff Core Industries LLC (adu) (adu). |
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Filing 138
MINUTES (IN CHAMBERS) ORDER by Judge Jesus G. Bernal: (1) GRANTING Defendant Core Industries LLCs Motion for Order Substituting Core for Fitistics LLC as Plaintiff and Leave to Amend the Third Amended Complaint #120 and (2) GRANTING IN PART the Parties Stipulation #126 : (see document image for further details). For the foregoing reasons, the Court GRANTS Cores Motion and substitutes Core as Plaintiff in place of Fitistics and permits Core leave to file its Fourth Amended Complaint. Core shall file its Fourth Amended Complaint by December 27, 2013. Pursuant to the Stipulation, the Court ORDERS as follows: 1. All dates set in the Order Vacating Scheduling Conference and Setting Trial Schedule (Doc. No. 47) are VACATED. The Court RESETS the dates as follows: Last Day to Add or Amend Pleadings (including counterclaims and crossclaims) January 17, 2014; Last Day to Conduct Settlement January 31, 2014; Discovery Cut-Off (including hearings on all discovery motions) March 3, 2014; Expert Disclosure (Initial) March 17, 2014; Expert Disclosure (Rebuttal) April 14, 2014; Motion Hearing Cut-Off April 21, 2014; Final Pretrial Conference June 2, 2014 at 11:00am. Jury Trial June 17, 2014 at 9:00am. 2. The Default entered against Fitistics (Doc. No. 106) is SET ASIDE. 3. Fististics shall file a responsive pleading to Fords Counterclaim by January 31, 2014 or within 21 days after any amended counterclaim is filed. 4. Fitistics counsel, Marc E. Hankin, is permitted to WITHDRAW as counsel of record. However, as a counterclaim remains against it, Fitistics, a limited liability corporation, must retain new counsel. L.R. 83-2.10.1. The Court ORDERS Fitistics to retain new counsel by January 13, 2014. The Court shall not modify these dates or deadlines without a showing of good cause. IT IS SO ORDERED. (ad)
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| Filing 142 Hearing on Motion Defendant Core Industries, LLC's Motion for OrderSubstituting Core for Fitistics, LLC as Plaintiff and Leave to Amend theThird Amended Complaint (Doc. No. #120 ) held before Judge Jesus G. Bernal. The case is called and counsel state their appearances. The Court confers with counsel and hears oral argument. The Court takes the matter under-submission. IT IS SO ORDERED. Court Reporter: Theresa Lanza. (adu) |
| Filing 136 NOTICE of Change of address by Victor A Vilaplana attorney for Counter Claimant Ford Insolvency Management Services Inc, Defendant Ford Insolvency Management Services Inc, Cross Claimant Ford Insolvency Management Services Inc. Changing attorneys address to 3579 Valley Centre Drive, Suite 300, San Diego, CA 92130; 858-847-6700. Filed by Counter Claimant Ford Insolvency Management Services Inc, Defendant Ford Insolvency Management Services Inc, Cross Claimant Ford Insolvency Management Services Inc. (Attachments: #1 Proof of Service)(Vilaplana, Victor) |
| Filing 135 NOTICE of Change of address by Matthew J Riopelle attorney for Counter Claimant Ford Insolvency Management Services Inc, Defendant Ford Insolvency Management Services Inc, Cross Claimant Ford Insolvency Management Services Inc. Changing attorneys address to 3579 Valley Centre Drive, Suite 300, San Diego, CA 92130; 858-847-6700. Filed by Counter Claimant Ford Insolvency Management Services Inc, Defendant Ford Insolvency Management Services Inc, Cross Claimant Ford Insolvency Management Services Inc. (Attachments: #1 Proof of Service)(Riopelle, Matthew) |
| Filing 134 NOTICE of Change of address by Kathryn M S Catherwood attorney for Counter Claimant Ford Insolvency Management Services Inc, Defendant Ford Insolvency Management Services Inc, Cross Claimant Ford Insolvency Management Services Inc. Changing attorneys address to 3579 Valley Centre Drive, Suite 300, San Diego, CA 92130; 858-847-6723. Filed by Counter Claimant Ford Insolvency Management Services Inc, Defendant Ford Insolvency Management Services Inc, Cross Claimant Ford Insolvency Management Services Inc. (Attachments: #1 Proof of Service)(Catherwood, Kathryn) |
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Filing 137
ORDER by Judge Jesus G. Bernal APPROVING Stipulation to Extend Time and Page Limitation #129 : IT IS HEREBY ORDERED THAT: 1. The Court APPROVES the Stipulation; 2. Core shall file its Reply by no later than November 27, 2013; 3. Cores Reply shall not exceed 15 pages in length. [NUNC PRO TUNC AS OF 11/26/13] (ad)
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| Filing 133 OBJECTIONS to MEMORANDUM in Opposition to Motion,, #128 Objection to Admission of Declaration of Larry A. Ford in Support of Ford Insolvency Management Services, Inc.s Opposition to Core Industries, LLCs Motion for Order (I) Substituting Core for Fitistics, LLC as Plaintiff; and (II) Granting Leave to Amend Third Amended Complaint filed by Defendant Core Industries LLC. (Mojdehi, Ali M) |
| Filing 132 REPLY in Support of MOTION to Substitute Defendant Core Industries, LLC for Plaintiff Fitistics, LLC Core Industries, LLCs Notice Of Motion And Motion For Order (I) Substituting Core For Fitistics, LLC As Plaintiff; And (II) Granting Core Leave To Amend Third Amended #120 filed by Defendant Core Industries LLC. (Attachments: #1 Declaration)(Mojdehi, Ali M) |
| Filing 131 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Response in Opposition to Motion, #130 . The following error(s) was found: Incorrect document is attached to the docket entry.Other error(s) with document(s) are specified below. Other error(s) with document(s): Document attached to docket is 'FORD INSOLVENCY MANAGEMENT SERVICES, INC.S CLARIFICATION OF DECLARATION OF LARRY A. FORD [DKT. NO. 120-1]'. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (adu) |
| Filing 130 OPPOSITION to MOTION to Substitute Defendant Core Industries, LLC for Plaintiff Fitistics, LLC Core Industries, LLCs Notice Of Motion And Motion For Order (I) Substituting Core For Fitistics, LLC As Plaintiff; And (II) Granting Core Leave To Amend Third Amended #120 Clarification of Declaration of Larry A. Ford [Dkt. No. 128-1] filed by Defendant Ford Insolvency Management Services Inc. (Catherwood, Kathryn) |
| Filing 129 STIPULATION for Extension of Time to File 11/27/2013 as to Stipulation to Continue,, #124 , Order, Set/Reset Motion Hearing and R&R Deadlines,, #125 , MEMORANDUM in Opposition to Motion,, #128 , Memorandum of Points and Authorities in Support (non-motion), #121 , STIPULATION to Exceed Page Limitation as to Reply filed by Defendant Core Industries LLC. (Attachments: #1 Proposed Order)(Mojdehi, Ali M) |
| Filing 128 MEMORANDUM in Opposition to MOTION to Substitute Defendant Core Industries, LLC for Plaintiff Fitistics, LLC Core Industries, LLCs Notice Of Motion And Motion For Order (I) Substituting Core For Fitistics, LLC As Plaintiff; And (II) Granting Core Leave To Amend Third Amended #120 filed by Defendant Ford Insolvency Management Services Inc. (Attachments: #1 Declaration of Larry A Ford in Support, #2 Exhibit A-N to Ford Declaration, #3 Proof of Service)(Catherwood, Kathryn) |
| Filing 127 OF SERVICE filed by Defendant Ford Insolvency Management Services Inc, re Stipulation to Vacate, #126 Amended/Corrected Proof of Service served on November 13, 2013. (Catherwood, Kathryn) |
| Filing 126 STIPULATION to Vacate Dates, including Trial Date, Vacate Default Against Fitistics and Permit Withdrawal of Hankin Patent Law as Counsel for Fitistics REQUEST for Clerk to Enter Default against Counterclaim Defendant Fitistics LLC(a Connecticut corporation) #105 , Clerks Entry of Default (CV-37) #106 , Scheduling Order, Set/Reset Deadlines/Hearings,, #47 filed by Defendant Ford Insolvency Management Services Inc. (Attachments: #1 Proposed Order)(Catherwood, Kathryn) |
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Filing 125
ORDER RE STIPULATION TO CONTINUE HEARING ON CORE INDUSTRIES, LLCS MOTION FOR ORDER (I) SUBSTITUTING CORE FOR FITISTICS, LLC AS PLAINTIFF; AND (II) GRANTING CORE LEAVE TO AMEND THIRD AMENDED COMPLAINT by Judge Jesus G. Bernal, re Stipulation to Continue, #124 .( Responses due by 11/18/2013, Replies due by 11/25/2013. Motion continued to 12/9/2013 at 09:00 AM before Judge Jesus G. Bernal.) (mrgo)
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| Filing 124 STIPULATION to Continue Hearing on Core Industries, LLC's Motion for Order (I) Substituting Core for Fitistics, LLC as Plaintiff; and (II) Granting Core Leave to Amend Third Amended Complaint from November 25, 2013 to December 9, 2013 Re: MOTION to Substitute Defendant Core Industries, LLC for Plaintiff Fitistics, LLC Core Industries, LLCs Notice Of Motion And Motion For Order (I) Substituting Core For Fitistics, LLC As Plaintiff; And (II) Granting Core Leave To Amend Third Amended #120 filed by defendant Ford Insolvency Management Services Inc. (Attachments: #1 Proposed Order)(Catherwood, Kathryn) |
| Filing 123 PROOF OF SERVICE filed by Defendant Core Industries LLC, re Declaration (non-motion), #122 , MOTION to Substitute Defendant Core Industries, LLC for Plaintiff Fitistics, LLC Core Industries, LLCs Notice Of Motion And Motion For Order (I) Substituting Core For Fitistics, LLC As Plaintiff; And (II) Granting Core Leave To Amend Third Amended #120 , Memorandum of Points and Authorities in Support (non-motion), #121 served on 10/28/2013. (Mojdehi, Ali M) |
| Filing 122 DECLARATION of Janet Dean Gertz re MOTION to Substitute Defendant Core Industries, LLC for Plaintiff Fitistics, LLC Core Industries, LLCs Notice Of Motion And Motion For Order (I) Substituting Core For Fitistics, LLC As Plaintiff; And (II) Granting Core Leave To Amend Third Amended #120 filed by Defendant Core Industries LLC. (Gertz, Janet) |
| Filing 121 MEMORANDUM of Points and Authorities in Support filed by Defendant Core Industries LLC. Re: MOTION to Substitute Defendant Core Industries, LLC for Plaintiff Fitistics, LLC Core Industries, LLCs Notice Of Motion And Motion For Order (I) Substituting Core For Fitistics, LLC As Plaintiff; And (II) Granting Core Leave To Amend Third Amended #120 (Mojdehi, Ali M) |
| Filing 120 NOTICE OF MOTION AND MOTION to Substitute Defendant Core Industries, LLC for Plaintiff Fitistics, LLC Core Industries, LLCs Notice Of Motion And Motion For Order (I) Substituting Core For Fitistics, LLC As Plaintiff; And (II) Granting Core Leave To Amend Third Amended Complaint filed by Defendant Core Industries LLC. Motion set for hearing on 11/25/2013 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 [Proposed] Amended Complaint)(Mojdehi, Ali M) |
| Filing 119 PROOF OF SERVICE filed by Defendant and Counter-Plaintiff Core Industries LLC, re Status Report #118 served on 10/8/2013. (Mojdehi, Ali M) |
| Filing 118 STATUS REPORT (JOINT) re SETTLEMENT CONFERENCE filed by Counter Claimant Core Industries LLC. (Mojdehi, Ali M) |
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Filing 117
MINUTE ORDER IN CHAMBERS by Magistrate Judge Arthur Nakazato: re: Non-Compliance with Pres-Settlement Conference Order #116 . By failing to submit Confidential Settlement Position Statements in the time and manner directed, the parties have demonstrated they are not serious about settlement and have lost their opportunity to have a settlement conference before the Magistrate Judge. Accordingly, the request for a settlement conference is denied. See document for additional information. (ts)
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Filing 116
MINUTE ORDER IN CHAMBERS by Magistrate Judge Arthur Nakazato: Pre-Settlement Conference Order (twdb)
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| Filing 115 MINUTES OF STATUS CONFERENCE held before Judge Jesus G. Bernal: The Court orders the parties to a settlement conference before the Magistrate Judge. Counsel shall file a Joint Report within 14 days after the settlement conference is held. Counsel are notified that the Court will not hold them to the current trial schedule. A further status conference may be set by the court upon review of the Joint Report. IT IS SO ORDERED. Court Reporter: Theresa Lanza. (ad) |
| Filing 113 REPORT of Third Party Defendant's Status filed by ThirdParty Defendant Erik Benjamin Cherdak. (Makman, David) |
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Filing 114
ORDER ON STIPULATION FOR ORDER OF DISMISSAL WITH PREJUDICE OF: (I) PLAINTIFF FITISTICS LLCS THIRD AMENDED COMPLAINT SOLELY AS TO DEFENDANT CORE INDUSTRIES, LLC, FORMERLY KNOWN AS CORE INDUSTRIES INC; AND (II) COUNTERPLAINTIFF CORE INDUSTRIES LLCS COUNTERCLAIMS AND THIRD PARTY CLAIMS AS TO COUNTERDEFENDANT FITISTICS LLC AND THIRD PARTY DEFENDANTS SEAN MCKIRDY, ROBERT NUTINI AND ERIK B. CHERDAK #108 by Judge Jesus G. Bernal: IT IS HEREBY ORDERED THAT: 1. The Court APPROVES the Stipulation; 2. The Third Amended Complaint is dismissed, with prejudice, as to Core. 3. The Counterclaims are dismissed, with prejudice, as to Fitistics, McKirdy, Nutini and Cherdak. 4. Each of Core, Fitistics, McKirdy, Nutini, and Cherdak shall bear its own costs, expenses and attorneys fees. 5. All unresolved pending motions brought by any of the Parties shall be denied as moot. (ad)
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| Filing 112 PROOF OF SERVICE filed by Defendant and Counter-Plaintiff Core Industries LLC, re Status Report #111 served on 8/19/2013. (Mojdehi, Ali M) |
| Filing 111 STATUS REPORT in advance of August 26, 2013 Status Conference filed by Defendant Core Industries LLC. (Mojdehi, Ali M) |
| Filing 110 STATUS REPORT of Defendant Ford Insolvency Management Services, Inc. filed by Defendant Ford Insolvency Management Services Inc. (Riopelle, Matthew) |
| Filing 109 PROOF OF SERVICE filed by Defendant and Counter-Plaintiff Core Industries LLC, re Stipulation to Dismiss Case,, #108 served on 8/12/2013. (Gertz, Janet) |
| Filing 108 STIPULATION to Dismiss Case pursuant to Stipulation for Order of Dismissal With Prejudice of: (I) PLAINTIFF FITISTICS LLCS THIRD AMENDED COMPLAINT SOLELY AS TO DEFENDANT CORE INDUSTRIES, LLC, FORMERLY KNOWN AS CORE INDUSTRIES, INC.; AND (II) COUNTERPLAINTIFF CORE INDUSTRIES, LLCS COUNTERCLAIMS AND THIRD PARTY CLAIMS AS TO COUNTERDEFENDANT FITISTICS, LLC AND THIRD PARTY DEFENDANTS SEAN MCKIRDY, ROBERT NUTINI AND ERIK B. CHERDAK filed by Defendant and Counter-Plaintiff Core Industries LLC. (Attachments: #1 Proposed Order)(Gertz, Janet) |
| Filing 107 NOTICE filed by Counsel for Plaintiff Erik Benjamin Cherdak. of Satisfaction of Lien (Makman, David) |
| Filing 106 DEFAULT BY CLERK ENTERED as to *Counter Defendant Fitistics LLC, a Connecticut corporation*. (ad) |
| Filing 105 REQUEST for Clerk to Enter Default against Counterclaim Defendant Fitistics LLC(a Connecticut corporation) filed by Counterclaimant Ford Insolvency Management Services Inc. (Attachments: #1 Declaration of Matthew J. Riopelle in Support)(Riopelle, Matthew) |
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Filing 104
MINUTE ORDER IN CHAMBERS Order CONTINUING July 29, 2013 Status Conference to August 26, 2013 by Judge Jesus G. Bernal: Pursuant to the parties representations in the status updates filed with the Court (Doc. Nos. 99, 100, 102), the Court CONTINUES the status conference, currently set for July 29, 2013, to August 26, 2013 at 11:00am. All parties shall file, either jointly or separately, further status updates with the Court by August 19, 2013 regarding the parties progress toward a signed settlement agreement and any contemplated stipulated dismissals. (am)
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| Filing 103 CERTIFICATE OF SERVICE filed by DEFENDANT Ford Insolvency Management Services Inc, re Status Report #102 served on 7/22/13. (Riopelle, Matthew) |
| Filing 102 STATUS REPORT of Defendant Ford Insolvency Management Services, Inc. filed by Defendant Ford Insolvency Management Services Inc. (Riopelle, Matthew) |
| Filing 101 PROOF OF SERVICE filed by Defendant and Counter-Plaintiff Core Industries LLC, re Status Report #100 served on 7/22/2013. (Mojdehi, Ali M) |
| Filing 100 STATUS REPORT filed by Counter Claimant Core Industries LLC, Defendant Core Industries LLC. (Mojdehi, Ali M) |
| Filing 99 STATUS REPORT filed by ThirdParty Defendant Erik Benjamin Cherdak. (Makman, David) |
| Filing 98 NOTICE OF LIEN filed by Counsel for Erik Benjamin Cherdak. (Makman, David) |
| Filing 97 Notice of Appearance or Withdrawal of Counsel: for attorney Marc E Hankin counsel for Plaintiff Fitistics LLC, Counter Defendants Fitistics LLC, Fitistics LLC. Adding Marc E. Hankin as attorney as counsel of record for Fitistics, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff/Counterdefendant Fitistics, LLC. (Hankin, Marc) |
| Filing 96 PROOF OF SERVICE filed by Crossclaim Defendant Core Industries LLC, re Answer to Crossclaim #95 served on 6/28/2013. (Mojdehi, Ali M) |
| Filing 95 ANSWER to Counterclaim, Crossclaim #71 filed by Crossclaim Defendant Core Industries LLC.(Mojdehi, Ali M) |
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Filing 94
Minute Order re: Pending Motions and Ex Parte Application (IN CHAMBERS) by Judge Jesus G. Bernal: granting #60 Motion to Withdraw as Attorney. Attorney Timothy Lea Joens terminated; denying #78 Motion for Order; denying #81 Ex Parte Application to Shorten Time for Hearing. the Court:1. GRANTS Fitistics counsels motion to withdraw as counsel of record (Doc. No. 60); 2. CONTINUES Cherdak, Nuttini, and McKirdys motions for extension of time to file an answer to Cores TPC (Doc. Nos. 64, 92, 93) to August 26, 2013 (9:00 AM) pending Fitistics retention of new counsel; 3.DENIES WITHOUT PREJUDICE Cores motion for an order effectuating dismissals pursuant to the Agreement (Doc. No. 78); 4.DENIES Cores ex parte application to shorten the time for hearing on its motion to enforce (Doc. No. 81); 5.ORDERS Fitistics to retain new counsel by July 15, 2013; and 6. SETS a status conference for Monday, July 29, 2013 at 11:00am. The parties shall file a status update with the Court by July 22, 2013 regarding Fitistics retention of counsel and whether the parties intend to renew their request for stipulated dismissals. (jh)
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| Filing 91 PROOF OF SERVICE Executed by Crossclaimant Ford Insolvency Management Services Inc, upon Crossclaim Defendant Core Industries LLC served on 6/7/2013, answer due 6/28/2013. Service of the Summons and Complaint were executed upon GKL Corporate/Search, Inc., Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Vilaplana, Victor) |
| Filing 90 PROOF OF SERVICE Executed by Counterclaimant Ford Insolvency Management Services Inc, upon Counterclaim Defendant Fitistics LLC(a Connecticut corporation) served on 6/6/2013, answer due 6/27/2013. Service of the Summons and Complaint were executed upon Timothy L. Joens, Attorney for Fitistics in compliance with Federal Rules of Civil Procedure by method of service not specified. Original Summons NOT returned. (Vilaplana, Victor) |
| Filing 89 PROOF OF SERVICE filed by plaintiff Fitistics LLC, re Response in Opposition to Motion,, #88 served on June 12, 2013. (Joens, Timothy) |
| Filing 88 OPPOSITION to EX PARTE APPLICATION to Shorten Time for Hearing to June 17, 2013 or as soon thereafter as Core Industries, LLC's Motion to Effectuate Dismissals with Prejudice under Parties' Confidential Settlement Agreement and Pursuant to Rule 41 of: (I #81 , MOTION for Order for Effectuation of Dismissals with Prejudice under Parties' Confidential Settlement Agreement and Pursuant to Rule 41 of: (I) Plaintiff Fitistics, LLC's Third Amended Complaint Solely as to Defendant Core Industries, LLC, F #78 filed by Plaintiff Fitistics LLC. (Joens, Timothy) |
| Filing 87 OPPOSITION to Core Industries, LLC's re: EX PARTE APPLICATION to Shorten Time for Hearing to June 17, 2013 or as soon thereafter as Core Industries, LLC's Motion to Effectuate Dismissals with Prejudice under Parties' Confidential Settlement Agreement and Pursuant to Rule 41 of: (I #81 filed by Defendant Ford Insolvency Management Services Inc. (Vilaplana, Victor) |
| Filing 85 PROOF OF SERVICE filed by Defendant and Counter-Plaintiff Core Industries LLC, re Declaration (Motion related), #84 served on 6/12/13. (Gertz, Janet) |
| Filing 84 DECLARATION of Brian W. Byun in Support of EX PARTE APPLICATION to Shorten Time for Hearing to June 17, 2013 or as soon thereafter as Core Industries, LLC's Motion to Effectuate Dismissals with Prejudice under Parties' Confidential Settlement Agreement and Pursuant to Rule 41 of: (I #81 SUPPLEMENTAL filed by Defendant Core Industries LLC. (Attachments: #1 Exhibit 1)(Gertz, Janet) |
| Filing 83 PROOF OF SERVICE filed by Defendant and Counter-Plaintiff Core Industries LLC, re Memorandum of Points and Authorities in Support (non-motion), #79 , Declaration (Motion related), #82 , Declaration (Motion related),, #80 , EX PARTE APPLICATION to Shorten Time for Hearing to June 17, 2013 or as soon thereafter as Core Industries, LLC's Motion to Effectuate Dismissals with Prejudice under Parties' Confidential Settlement Agreement and Pursuant to Rule 41 of: (I #81 , MOTION for Order for Effectuation of Dismissals with Prejudice under Parties' Confidential Settlement Agreement and Pursuant to Rule 41 of: (I) Plaintiff Fitistics, LLC's Third Amended Complaint Solely as to Defendant Core Industries, LLC, F #78 served on 6/11/13. (Gertz, Janet) |
| Filing 82 DECLARATION of Brian W. Byun in support of EX PARTE APPLICATION to Shorten Time for Hearing to June 17, 2013 or as soon thereafter as Core Industries, LLC's Motion to Effectuate Dismissals with Prejudice under Parties' Confidential Settlement Agreement and Pursuant to Rule 41 of: (I #81 filed by Defendant Core Industries LLC. (Attachments: #1 Exhibit 1)(Gertz, Janet) |
| Filing 81 EX PARTE APPLICATION to Shorten Time for Hearing to June 17, 2013 or as soon thereafter as Core Industries, LLC's Motion to Effectuate Dismissals with Prejudice under Parties' Confidential Settlement Agreement and Pursuant to Rule 41 of: (I) Plaintiff Fitistics, LLC's Third Amended Complaint Solely as to Defendant Core Industries, LLC, Formerly Known as Core Industries, Inc.; and (II) Counter-Plaintiff Core Industries, LLC's Counterclaims and Third Party Claims as to Counter-Defendant Fitistics, LLC and Third Party Defendants Sean McKirdy, Robert Nutini and Erik B. Cherdak can be heard filed by Defendant and Counter-Plaintiff Core Industries LLC. (Attachments: #1 Proposed Order)(Gertz, Janet) |
| Filing 80 DECLARATION of Janet D. Gertz in support of MOTION for Order for Effectuation of Dismissals with Prejudice under Parties' Confidential Settlement Agreement and Pursuant to Rule 41 of: (I) Plaintiff Fitistics, LLC's Third Amended Complaint Solely as to Defendant Core Industries, LLC, F #78 filed by Defendant Core Industries LLC. (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)(Gertz, Janet) |
| Filing 79 MEMORANDUM of Points and Authorities in Support Re: MOTION for Order for Effectuation of Dismissals with Prejudice under Parties' Confidential Settlement Agreement and Pursuant to Rule 41 of: (I) Plaintiff Fitistics, LLC's Third Amended Complaint Solely as to Defendant Core Industries, LLC, F #78 (Gertz, Janet) |
| Filing 78 NOTICE OF MOTION AND MOTION for Order for Effectuation of Dismissals with Prejudice under Parties' Confidential Settlement Agreement and Pursuant to Rule 41 of: (I) Plaintiff Fitistics, LLC's Third Amended Complaint Solely as to Defendant Core Industries, LLC, Formerly Known as Core Industries, Inc.; and (II) Counter-Plaintiff Core Industries, LLC's Counterclaims and Third Party Claims as to Counter-Defendant Fitistics, LLC and Third Party Defendants Sean McKirdy, Robert Nutini and Erk B. Cherdak filed by Defendant and Counter-Plaintiff Core Industries LLC. (Attachments: #1 Exhibit A (Proposed Order))(Gertz, Janet) |
| Filing 77 PROOF OF SERVICE filed by Defendant and Counter-Plaintiff Core Industries LLC, re Objection/Opposition (Motion related), #76 served on 6/10/13. (Gertz, Janet) |
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Filing 86
ORDER ON STIPULATION TO EXTEND TIME FOR (I) DEFENDANT FORD INSOLVENCY MANAGEMENT SERVICES, INC. TO RESPOND TO THIRD AMENDED COMPLAINT by Judge Jesus G. Bernal, re Stipulation Extending Time to Answer (30 days or less), Stipulation to Extend Time to Answer (More than 30 days),, #68 . 1. The Court APPROVES the Stipulation; 2. Defendant Ford Insolvency Management Services, Inc. shall have until July 15, 2013 to file a response to Plaintiffs Third Amended Complaint. 3. Counter-defendant Fitistics, LLC shall have until July 1, 2013 to file a response to Counter Plaintiffs Counterclaims. (jh)
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| Filing 76 Limited Objection Opposition re: First MOTION of Timothy L. Joens, Matthew J. Joens, and Law Office of Timothy L. Joens, A Professional Corporation to Withdraw as Attorney for Plaintiff, FITISTICS, LLC, #60 filed by ThirdParty Plaintiff Core Industries LLC. (Gertz, Janet) |
| Filing 75 PROOF OF SERVICE filed by counterclaim defendant Fitistics LLC(a Connecticut corporation), re Answer to Counterclaim #74 served on June 10, 2013. (Joens, Timothy) |
| Filing 74 ANSWER to Counterclaim, Third Party Complaint,, #57 filed by counterclaim defendant Fitistics LLC(a Connecticut corporation).(Joens, Timothy) |
| Filing 93 NOTICE OF MOTION AND MOTION for Extension of Time to File Answer filed by Third Party Defendant Sean McKirdy. Motion set for hearing on 7/15/2013 at 9:00AM before Judge Jesus G. Bernal. (ad) |
| Filing 92 NOTICE OF MOTION AND MOTION for Extension of Time to File Answer filed by Third Party Defendant Robert Nutini. Motion set for hearing on 7/15/2013 at 9:00AM before Judge Jesus G. Bernal. (ad) |
| Filing 73 21 DAY Summons Issued re Crossclaim #71 as to cross defendant Core Industries LLC. (ad) |
| Filing 72 21 DAY Summons Issued re Counterclaim #71 as to counter defendant Fitistics LLC (a Connecticut corporation). (ad) |
| Filing 71 COUNTERCLAIM against Counter Defendant Fitistics LLC and CROSSCLAIM against Cross Defendant Core Industries LLC filed by counter and cross claimant Ford Insolvency Management Services Inc. Jury Demand. (ad) |
| Filing 70 ANSWER to Amended Complaint, #49 (Third Amended Complaint) filed by Defendant Ford Insolvency Management Services Inc.(Riopelle, Matthew) |
| Filing 69 PROOF OF SERVICE filed by plaintiff Fitistics LLC, re First MOTION of Timothy L. Joens, Matthew J. Joens, and Law Office of Timothy L. Joens, A Professional Corporation to Withdraw as Attorney for Plaintiff, FITISTICS, LLC, #60 re Service on FITISTICS, LLC, served on May 31, 2013. (Joens, Timothy) |
| Filing 68 STIPULATION Extending Time to Answer the complaint as to Fitistics LLC answer now due 7/1/2013; Ford Insolvency Management Services Inc answer now due 7/15/2013, re Counterclaim, Third Party Complaint,, #57 , STIPULATION for Extension of Time to File Answer re Amended Complaint, #49 filed by Defendant and Counterplaintiff Core Industries LLC. (Attachments: #1 Proposed Order On Stipulation)(Gertz, Janet) |
| Filing 67 NOTICE filed by Third Party Defendant Erik Benjamin Cherdak. Lodging of Proposed Order Granting Extension of Time to Respond (Attachments: #1 Proposed Order Granting Extension of Time)(Makman, David) |
| Filing 66 DECLARATION of David A. Makman re First MOTION for Extend Time to File Answer to 7/1/2013 re Counterclaim, Third Party Complaint,, #57 #64 filed by ThirdParty Defendant Erik Benjamin Cherdak. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Makman, David) |
| Filing 65 DECLARATION of Erik Benjamin Cherdak re First MOTION for Extend Time to File Answer to 7/1/2013 re Counterclaim, Third Party Complaint,, #57 #64 filed by ThirdParty Defendant Erik Benjamin Cherdak. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Makman, David) |
| Filing 64 NOTICE OF MOTION AND First MOTION for Extend Time to File Answer to 7/1/2013 re Counterclaim, Third Party Complaint,, #57 filed by Third Party Defendant Erik Benjamin Cherdak. Motion set for hearing on 7/15/2013 at 09:00 AM before Judge Jesus G. Bernal. (Makman, David) |
| Filing 63 PROOF OF SERVICE Executed by Third Party Plaintiff Core Industries LLC, upon Third Party Defendant Erik Benjamin Cherdak served on 5/13/2013, answer due 6/3/2013. Service of the Summons and Complaint were executed upon Erik B. Cherdak, third party defendant in compliance with Federal Rules of Civil Procedure by method of service not specified. Original Summons NOT returned. (Mojdehi, Ali M) |
| Filing 62 PROOF OF SERVICE Executed by Counterclaimant Core Industries LLC, upon Counterclaim Defendant Fitistics LLC served on 5/17/2013, answer due 6/7/2013. Service of the Summons and Complaint were executed upon Matthew Joens, law clerk in compliance with Federal Rules of Civil Procedure by substituted service by mail and by also mailing a copy. Original Summons NOT returned. (Mojdehi, Ali M) |
| Filing 61 OF SERVICE filed by plaintiff Fitistics LLC, re First MOTION of Timothy L. Joens, Matthew J. Joens, and Law Office of Timothy L. Joens, A Professional Corporation to Withdraw as Attorney for Plaintiff, FITISTICS, LLC, #60 served on May 20, 2013. (Joens, Timothy) |
| Filing 60 NOTICE OF MOTION AND First MOTION of Timothy L. Joens, Matthew J. Joens, and Law Office of Timothy L. Joens, A Professional Corporation to Withdraw as Attorney for Plaintiff, FITISTICS, LLC, filed by plaintiff Fitistics LLC. Motion set for hearing on 7/1/2013 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Memorandum Points & Authorities, #2 Declaration Declaration of Timothy L. Joens, #3 Exhibit Ex. A - Complaint, #4 Proposed Order Proposed Order)(Joens, Timothy) |
| Filing 59 PROOF OF SERVICE Executed by Third Party Plaintiff Core Industries LLC, upon Third Party Defendant Sean McKirdy served on 5/11/2013, answer due 6/1/2013. Service of the Summons and Complaint were executed upon Sherri McKirdy, spouse in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Mojdehi, Ali M) |
| Filing 58 PROOF OF SERVICE Executed by Third Party Plaintiff Core Industries LLC, upon Third Party Defendant Robert Nutini served on 5/10/2013, answer due 5/31/2013. Service of the Summons and Complaint were executed upon Lori Anne Nutini, spouse in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Mojdehi, Ali M) |
| Filing 57 COUNTERCLAIM against Counter Defendant Fitistics LLC; THIRD PARTY COMPLAINT against Third Party Defendants Erik Benjamin Cherdak, Robert Nutini, Sean McKirdy filed by Counter Claimant and Third Party Plaintiff Core Industries LLC. Jury Demand. (ad) Modified on 5/15/2013 (ad). (Additional attachment(s) added on 5/15/2013: #1 Part 2, #2 CounterclaimSummons/Third Party Summons) (ad). |
| 21 DAY Summons Issued re Counterclaim #57 as to counter defendant Fitistics LLC. (ad) |
| 21 DAY Summons Issued re Third Party Complaint #57 as to Third Party Defendants Benjamin Cherdak, Sean McKirdy, Robert Nutini. (ad) |
| Filing 55 PROOF OF SERVICE filed by Defendant Core Industries LLC, re Answer to Complaint #54 served on 5/8/13. (Mojdehi, Ali M) |
| Filing 54 ANSWER to Amended Complaint, #49 filed by Defendant Core Industries LLC.(Mojdehi, Ali M) |
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Filing 56
ORDER granting Stipulation to Extend Time to Answer Third Amended Complaint(More than 30 days) #50 , defendants Core Industries LLC answer due 6/3/2013; Ford Insolvency Management Services Inc answer due 6/3/2013 by Judge Jesus G. Bernal. (mrgo)
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| Filing 53 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer and Counterclaim #51 . The following error(s) was found: (1) See LR 3-2 Filing of Initiating Documents. (2) The counterclaim identifies third-parties. Refer to Local & Federal Rules for proper filing procedures. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ad) |
| Filing 52 PROOF OF SERVICE filed by defendant Core Industries LLC, re Answer to Complaint (Discovery),,, #51 served on 5/6/2013. (Mojdehi, Ali M) |
| Filing 51 ANSWER to Amended Complaint, #49 and Counterclaims to Plaintiff's Third Amended Complaint for (1) Declaratory Judgment of Non-Infringement; (2) Declaratory Judgment of Invalidity; (3) Misappropriation of Trade Secrets Under Cal. Civ. Code Section 3426.1(b); (4) Conversion; (5) Breach of Duty of Loyalty Under Cal. Lab. Code Section 2860; (6) Breach of Contract; and (7) Breach of Duty to Refrain from Use of Legally Protected Information and Joinder Under Fed. R. Civ. Proc. Rule 13(h) and 19(A)(1)(a) of Counter-Defendants Sean McKirdy; Robert Nutini, and Erik B. Cherdak To Counterclaim Nos. Three through Seven filed by Defendant and Counter-Plaintiff Core Industries LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Mojdehi, Ali M) |
| Filing 50 STIPULATION for Extension of Time to File Answer to June 3, 2013 re Amended Complaint, #49 filed by Defendant Ford Insolvency Management Services Inc. (Attachments: #1 Proposed Order Proposed Order)(Catherwood, Kathryn) |
| Filing 49 THIRD AMENDED COMPLAINT against defendants Core Industries LLC, Ford Insolvency Management Services Inc, Star Trac Health and Fitness, Unisen Inc amending Amended Complaint, #24 ; Demand for jury trial,filed by plaintiff Fitistics LLC (am) (Additional attachment(s) added on 5/15/2013: #1 Summons) (ad). |
| 21 DAY Summons Issued re Amended Complaint, #49 as to Defendants Core Industries LLC, Ford Insolvency Management Services Inc, Star Trac Health and Fitness, Unisen Inc. (am) |
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Filing 48
ORDER/REFERRAL to ADR Procedure No 3 by Judge Jesus G. Bernal. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 12/20/13. (adu)
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Filing 47
ORDER VACATING SCHEDULING CONFERENCE AND SETTING TRIAL SCHEDULE (IN CHAMBERS) by Judge Jesus G. Bernal. Set deadlines and hearings ( Discovery cut-off 11/30/2013., Motions due by 1/27/2014., Last date to conduct settlement conference is 12/20/2013., Final Pretrial Conference set for 3/3/2014 11:00 AM before Judge Jesus G. Bernal., Jury Trial set for 3/18/2014 09:00 AM before Judge Jesus G. Bernal.) (See document for specifics) (adu)
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Filing 46
Proceedings: Order (1) Vacating the April 15, 2013 Hearing; (2) Granting in Part and Denying in Part Defendant Ford Insolvency Management Services'Motion to Dismiss and Strike Portions of Plaintiff's Second Amended Complaint #23 (IN CHAMBERS) by Judge Jesus G. Bernal. The Court GRANTS IN PART AND DENIES IN PART Defendant Ford's Motion. The Court (1) GRANTS Ford's Motion to dismiss Count II; (2) DENIES Ford's Motion to dismiss Counts I and III; and (3) DENIES Ford's Motion to Strike Portions of Plaintiff's Second Amended Complaint. The Court dismisses Count II WITH LEAVE TO AMEND. Plaintiff may file a third amended complaint no later than April 29, 2013. (See document for specifics) (adu)
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Filing 45
MINUTE ORDER (IN CHAMBERS) CONTINUING MOTION HEARING AND SCHEDULING CONFERENCE FROM MARCH 18, 2013 TO APRIL 15, 2013 by Judge Jesus G. Bernal: On the Court's own motion, the hearing on Defendant Ford Insolvency Management Services Incs Motion to Dismiss and Strike Portions of Plaintiffs Second Amended Complaint #23 , and the Scheduling Conference currently set for March 18, 2013, is hereby continued to April 15, 2013 at 9:00am. IT IS SO ORDERED. (ad)
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| Filing 44 PROOF OF SERVICE filed by plaintiff Fitistics LLC, re Status Report #43 re Amended Rule 26(f) Report served on March 12, 2013. (Joens, Timothy) |
| Filing 43 STATUS REPORT re Amended Rule 26(f) Report filed by Plaintiff Fitistics LLC. (Joens, Timothy) |
| Filing 42 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents) #40 . The following error(s) was found: Other error(s) with document(s): The docket entry is incomplete. When docketing the event, there's a text box and you're prompted to type either: NOTICE, PROOF, or CERTIFICATE. When you bypass this prompt you will get an incomplete entry. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (adu) |
| Filing 41 REPLY filed by Defendant Ford Insolvency Management Services Inc to Objection/Opposition (Motion related) #37 in Support of Motion to: (1) Dismiss; and (2) Strike Portions of Plaintiff's Second Amended Complaint (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proof of Service)(Catherwood, Kathryn) |
| Filing 40 OF SERVICE filed by plaintiff Fitistics LLC, re Proof of Service (subsequent documents) #38 , Objection/Opposition (Motion related) #37 served on February 25, 2013. (Joens, Timothy) |
| Filing 39 NOTICE OF NON-OPPOSITION to MOTION to Dismiss and Strike Portions of Plaintiff's Second Amended Complaint #23 and Protective Reservation of Rights filed by Defendant Core Industries LLC. (Attachments: #1 Certificate of Service)(Mojdehi, Ali M) |
| Filing 38 PROOF OF SERVICE filed by plaintiff Fitistics LLC, re Objection/Opposition (Motion related) #37 served on February 28, 2013. (Joens, Timothy) |
| Filing 37 OPPOSITION opposition re: MOTION to Dismiss and Strike Portions of Plaintiff's Second Amended Complaint #23 filed by Plaintiff Fitistics LLC. (Joens, Timothy) |
| Filing 36 PROOF OF SERVICE filed by Defendant Core Industries LLC, re Corporate Disclosure Statement #35 , Answer to Complaint (Discovery) #34 served on 2/13/13. (Mojdehi, Ali M) |
| Filing 35 CORPORATE DISCLOSURE STATEMENT filed by Defendant Core Industries LLC (Mojdehi, Ali M) |
| Filing 34 ANSWER to Amended Complaint, #24 with JURY DEMAND filed by Defendant Core Industries LLC.(Mojdehi, Ali M) |
| Filing 33 OF SERVICE filed by plaintiff Fitistics LLC, re Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #29 , Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #31 , Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #32 , Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #30 served on February 4, 2013. (Joens, Timothy) |
| Filing 32 PROOF OF SERVICE Executed by Plaintiff Fitistics LLC, upon Defendant Core Industries LLC served on 1/22/2013, answer due 2/12/2013. Service of the Summons and Complaint were executed upon Bryan Bayan, Person Authorized to Receive Service on Behalf of GKL Corporate/Search, Inc., Agent for Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Joens, Timothy) |
| Filing 31 PROOF OF SERVICE Executed by Plaintiff Fitistics LLC, upon Defendant Unisen Inc served on 1/22/2013, answer due 2/12/2013. Service of the Summons and Complaint were executed upon Bryan Bayan, Authorized Agent to Receive Service on behalf of GKL Corporate/Search, Inc., Agent for Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Joens, Timothy) |
| Filing 30 PROOF OF SERVICE Executed by Plaintiff Fitistics LLC, upon Defendant Star Trac Health and Fitness served on 1/23/2013, answer due 2/13/2013. Service of the Summons and Complaint were executed upon Star Trac Health & Fitness in compliance with California Code of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy. Original Summons NOT returned. (Joens, Timothy) |
| Filing 29 PROOF OF SERVICE Executed by Plaintiff Fitistics LLC, upon Defendant Star Trac Health and Fitness served on 1/14/2013, answer due 2/4/2013. Service of the Summons and Complaint were executed upon Star Trac Health & Fitness in compliance with California Code of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy. Original Summons NOT returned. (Joens, Timothy) |
| Filing 28 PDF DOCUMENTS ATTACHED TO DOCKET RE LOCAL RULE 3-2. The following PDF Documents were attached to the Court docket on 1/31/2013: 13-01-18 - 2nd Amended Compl. (adu) |
| Filing 27 PDF DOCUMENTS RECEIVED RE LOCAL RULE 3-2. The following PDF Documents were received by the Court on 1/31/2013: 13-01-18 - 2nd Amended Compl, 12-10-12 - Not. of Interested Parties (Conformed) (2). (adu) |
| Filing 26 CLERKS E-MAIL RE LOCAL RULE 3-2 TO COUNSEL on 1/31/2013 addressed to tljsaj7@aol.com. COURT REQUIRES YOUR IMMEDIATE RESPONSE. Pursuant to Local Rule 3-2, you are required to e-mail, within 24 hours of filing, a Filed stamped copy of your complaint and other civil case initiating documents, in PDF format to the Court. To date, we have not received the PDF images of your filing. Please do so within 24 hours or this matter will be referred to the Judge for further proceedings. (adu) |
| Filing 25 CORPORATE DISCLOSURE STATEMENT and Certification as to Interested Parties filed by Defendant Ford Insolvency Management Services Inc identifying None as Corporate Parent. (Catherwood, Kathryn) |
| Filing 23 NOTICE OF MOTION AND MOTION to Dismiss and Strike Portions of Plaintiff's Second Amended Complaint filed by Defendant Ford ABC 864736. Motion set for hearing on 3/18/2013 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Memorandum of Points & Authorities in Supoort, #2 Declaration of Larry A. Ford in Support, #3 Proof of Service)(Catherwood, Kathryn) |
| Filing 22 SCHEDULING NOTICE by Judge Jesus G. BernaL. This matter has been assigned to Judge Jesus G. Bernal. Accordingly, the Scheduling Conference scheduled for January 28, 2013, is hereby continued to March 18, 2013, at 11:00 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(mga) TEXT ONLY ENTRY |
| Filing 24 SECOND AMENDED COMPLAINT against Defendants Ford Insolvency Management Services Inc, Star Trac Health and Fitness, Unisen Inc, Core Industries LLC; Party Core Industries Inc terminated, amending 1st Amended Complaint #15 ,filed by plaintiff Fitistics LLC. (adu) (adu). (adu). |
| 21 DAY Summons Issued re 2nd Amended Complaint, #24 as to Defendants Core Industries LLC, Ford Insolvency Management Services Inc, Star Trac Health and Fitness, Unisen Inc. (adu) |
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Filing 21
ORDER RE FILING SECOND AMENDED COMPLAINT by Judge Jesus G Bernal: Plaintiff is hereby granted leave to file said proposed Second Amended Complaint. (am)
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| Filing 20 PROOF OF SERVICE filed by plaintiff Fitistics LLC, re Status Report #19 re Rule 26(f) served on January 16, 2013. (Joens, Timothy) |
| Filing 19 STATUS REPORT Per Rule 26(f) filed by Plaintiff Fitistics LLC. (Attachments: #1 Exhibit Exhibit A to Rule 26(f) Report)(Joens, Timothy) |
| Filing 18 PROOF OF SERVICE filed by plaintiff Fitistics LLC, re Stipulation for Leave #17 to File Second Amended Complaint and Proposed Order served on January 15, 2013. (Joens, Timothy) |
| Filing 17 First STIPULATION for Leave to File Second Amended Complaint filed by plaintiff Fitistics LLC. (Attachments: #1 Exhibit Ex. A - Proposed 2nd Amended Complaint, #2 Proposed Order)(Joens, Timothy) |
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Filing 16
ORDER OF THE CHIEF JUDGE (#13-007) approved by Judge George H. King. Pursuant to the recommended procedure adopted by the Court for the Creation of Calendar of Judge Jesus G. Bernal, this case is transferred from Judge James V. Selna to the calendar of Judge Jesus G. Bernal for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV 12-1774-JGB(ANx). (kp)
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| Filing 15 FIRST AMENDED COMPLAINT against defendants Core Industries Inc, Ford ABC 864736, Star Trac Health and Fitness, Unisen Inc amending Complaint #1 , filed by plaintiff Fitistics LLC (Attachments: #1 Summons Issued on First A/C)(mt). |
| 21 DAY Summons Issued re First Amended Complaint #15 as to Defendants Core Industries Inc, Ford ABC 864736, Star Trac Health and Fitness, Unisen Inc. (mt) |
| Filing 14 OF SERVICE filed by plaintiff Fitistics LLC, re Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #12 , Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #13 served on 01/02/2013. (Joens, Timothy) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Fitistics LLC, upon Defendant Unisen Inc served on 12/12/2012, answer due 1/2/2013. Service of the Summons and Complaint were executed upon GKL Corporate/Search, Inc. - Agent for service of process in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Joens, Timothy) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Fitistics LLC, upon Defendant Ford ABC 864736 served on 12/12/2012, answer due 1/25/2013. Service of the Summons and Complaint were executed upon Larry A. Ford, Agent Authorized to Receive Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Joens, Timothy) |
| Filing 11 STIPULATION Extending Time to Answer the complaint as to Ford ABC 864736 answer now due 1/25/2013, re Amended Document (Non-Motion) #9 filed by Defendant Ford ABC 864736.(Catherwood, Kathryn) |
| Filing 10 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Document (Non-Motion) #9 . The following error(s) was found: Document should be manually filed. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (db) |
| Filing 9 AMENDED DOCUMENT filed by Plaintiff Fitistics LLC. First Amended Complaint (Joens, Timothy) |
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Filing 8
ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge James V. Selna. Rule 26 Meeting Report due by 1/22/2013. Scheduling Conference set for 1/28/2013 10:30 AM before Judge James V. Selna. (jlen)
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| Filing 7 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA. (jlen) |
| Filing 6 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Fitistics LLC. (Joens, Timothy) |
| Filing 5 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Fitistics LLC. (Joens, Timothy) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(nca) |
| Filing 3 NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (nca) |
| Filing 2 CERTIFICATION and Notice of Interested Parties filed by Plaintiff Fitistics LLC. (nca) |
| Filing 1 COMPLAINT against Defendants Core Industries Inc, Ford ABC 864736, Star Trac Health and Fitness, Unisen Inc. Case assigned to Judge James V. Selna for all further proceedings. Discovery referred to Magistrate Judge Arthur Nakazato.(Filing fee $350 Paid) Jury Demanded., filed by plaintiff Fitistics LLC.(nca) |
| 21 DAY Summons Issued re Complaint - (Discovery), Complaint - (Discovery) #1 as to Defendants Core Industries Inc, Ford ABC 864736, Star Trac Health and Fitness, Unisen Inc. (nca) |
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