Toyo Tire & Rubber Co., Ltd. v. CIA Wheel Group, et al
Plaintiff: Toyo Tire & Rubber Co., Ltd.
Defendant: CIA Wheel Group, Hong Kong Tri Ace Tire Co Ltd, Qingdao Doublestar Tire Industrial Co, Ltd, Wheel Group Holdings LLC and Doublestar Dong Feng Tyre Co., Ltd.
Counter Claimant: Doublestar Group Corp
Counter Defendant: Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp. and Does 1-10
Cross Defendant: Jinlin Ma
Special Master: Hon. James P Gray
Case Number: 8:2015cv00246
Filed: February 12, 2015
Court: US District Court for the Central District of California
Presiding Judge: Cormac J Carney
Referring Judge: David O Carter
2 Judge: Douglas F McCormick
3 Judge: Jean P Rosenbluth
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 28, 2020 Opinion or Order Filing 451 ORDER CLOSING CASE AND CONFIRMING THE FINALITY OF THE JUDGMENTS THEREIN #450 by Judge Cormac J. Carney. SEE ORDER FOR DETAILS. (iv)
January 28, 2020 Filing 450 REQUEST for Judgment CLOSING CASE AND ENTERING FINAL ORDER IN VIEW OF JUDGMENTS RENDERED filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Attachments: #1 Proposed Order) (Ciardullo, Jean-Paul)
January 17, 2020 Filing 449 CONSENT JUDGMENT #448 by Judge Cormac J. Carney. This Consent Judgment does not affect or limit the Earlier Judgment, including the injunction in it, which remains in full force and effect. SEE JUDGMENT FOR DETAILS. (iv)
January 10, 2020 Filing 448 NOTICE of Settlement and also attaching the DRAFT CONSENT JUDGMENT that was previously agreed at Dkts. 436-2 and 437 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Attachments: #1 PREVIOUSLY AGREED CONSENT JUDGMENT (see Dkt. 436-2))(Ciardullo, Jean-Paul)
December 23, 2019 Filing 447 BILL OF COSTS. Costs Taxed in amount of $3,045 in favor of Plaintiff and against Defendant. RE: REQUEST to the Clerk to Tax Costs against Defendants Hong Kong Tri Ace Tire Co Ltd, Jinlin Ma #445 (kr)
October 3, 2019 Filing 446 NOTICE OF ERRATA filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. correcting REQUEST to the Clerk to Tax Costs against Defendants Hong Kong Tri Ace Tire Co Ltd, Jinlin Ma #445 ATTACHING INVOICES SUPPORTING BILL OF COSTS FILED 10/02/2019 (Attachments: #1 Bill of Costs Previously Filed 10/02/2019, #2 Exhibit Updated Invoices Attachment)(Ciardullo, Jean-Paul)
October 2, 2019 Filing 445 REQUEST to the Clerk to Tax Costs against Defendants Hong Kong Tri Ace Tire Co Ltd, Jinlin Ma filed by Plaintiffs Toyo Tire U.S.A. Corp., Toyo Tire & Rubber Co., Ltd. (Attachments: #1 Exhibit Supporting Invoices) (Ciardullo, Jean-Paul)
September 18, 2019 Filing 444 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 Judgment) (iv)
September 16, 2019 Filing 443 DEFAULT JUDGMENT by Judge Cormac J. Carney. JUDGMENT IS HEREBY ENTERED in favor of Plaintiffs Toyo Tire & Rubber Co., Ltd., and Toyo Tire U.S.A. Corp. against Defendants Hong Kong Tri-Ace Wheel & Tire Corporation and Jinlin Ma. The Court AWARDS Plaintiffs $16,379,307 in damages, $331,186.14 in attorneys' fees. ( MD JS-6. Case Terminated ) (iv)
September 16, 2019 Opinion or Order Filing 442 ORDER GRANTING PLAINTIFFS' APPLICATION FOR JUDGMENT #440 by Judge Cormac J. Carney. Plaintiffs' motion for default judgment is GRANTED. The Court awards Plaintiffs $16,379,307 in damages and $331,186.14 in attorneys fees. A judgment consistent with this Order will be issued. (iv)
September 6, 2019 Filing 441 CERTIFICATE OF SERVICE filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., re Renewed APPLICATION for Judgment Against Defendants Hong Kong Tri-Ace Co., Ltd. and Jinlin Ma #440 served on 08/24/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ciardullo, Jean-Paul)
August 12, 2019 Filing 440 Renewed APPLICATION for Judgment Against Defendants Hong Kong Tri-Ace Co., Ltd. and Jinlin Ma filed by Plaintiff Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). Application set for hearing on 9/23/2019 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration of Jean-Paul Ciardullo, #2 Proposed Judgment) (Ciardullo, Jean-Paul)
August 9, 2019 Filing 439 RESPONSE filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.to Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #438 (Ciardullo, Jean-Paul)
August 7, 2019 Opinion or Order Filing 438 MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED AS TO DEFENDANTS HONG KONG TRI ACE TIRE CO LTD AND JINLIN MA by Judge Cormac J. Carney. The Court, on its own motion, hereby ORDERS plaintiff's counsel, to show cause in writing no later than August 9, 2019 at noon, why this action should not be dismissed as to defendants Hong Kong Tri Ace Tire Co Ltd and Jinlin Ma. (iv)
May 31, 2019 Opinion or Order Filing 437 ORDER GRANTING STAY AS TO DOUBLESTAR DEFENDANTS PENDING FINAL SETTLEMENT PAYMENT #436 by Judge Cormac J. Carney. By January 10, 2020, the parties shall file a report confirming whether or not the final payment was made. If such payment was made, and the settlement thereby completed, the Court shall enter a Consent Judgment of the form attached hereto. If the settlement has not been completed, then the Court shall re-open the action against Doublestar. This stay does not affect default judgment proceedings against Defendants Jinlin Ma and Hong Kong Tri-Ace Tire Co., Ltd. (lom)
May 29, 2019 Filing 436 Joint STIPULATION to Stay Case pending Final Settlement Payment filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Attachments: #1 Proposed Order, #2 Proposed Consent Judgment (to be entered only upon notice of completed settlement))(Ciardullo, Jean-Paul)
May 10, 2019 Filing 435 NOTICE OF FILING TRANSCRIPT filed for proceedings 4/10/2019 at 3:54 p.m. re Transcript #434 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Ponce, Myra) TEXT ONLY ENTRY
May 10, 2019 Filing 434 TRANSCRIPT for proceedings held on 4/10/2019 at 3:54 p.m. Court Reporter/Electronic Court Recorder: Myra L. Ponce, CSR, RDR, CRR, e-mail address myraponce@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/31/2019. Redacted Transcript Deadline set for 6/10/2019. Release of Transcript Restriction set for 8/8/2019. (Ponce, Myra)
April 17, 2019 Filing 433 REPORT of of Settlement Status filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Ciardullo, Jean-Paul)
April 17, 2019 Filing 432 TRANSCRIPT ORDER as to Plaintiff Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation) for Court Reporter. Court will contact Laura Shine at lshine@foley.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Lowrie, Matthew)
April 10, 2019 Filing 431 MINUTES OF STATUS CONFERENCE RE: JOINT REQUEST TO CONTINUE PRETRIAL CONFERENCE AND TRIAL DATE #429 held before Judge Cormac J. Carney. The Court vacates the May 7, 2019 jury trial and April 29, 2019 pretrial conference. Within seven days counsel is to submit a joint status report informing the Court whether the parties will meet within 15 days via video conference or within 45 days in person to conduct settlement discussions. Court Reporter: Myra Ponce. (iv)
April 5, 2019 Filing 430 TEXT ONLY ENTRY by Judge Cormac J. Carney re: Stipulation to Continue, #429 . On the Court's motion, the Court sets a Status Conference for 4/10/2019, at 4:00 PM before Judge Cormac J. Carney. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
April 5, 2019 Filing 429 Joint STIPULATION to Continue Trial Date from May 7, 2019 to September 23, 2019 filed by Jointly By All Parties Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co, Ltd. (Attachments: #1 Declaration of Jean-Paul Ciardullo, #2 Declaration of Felix T Woo, #3 Proposed Order)(Woo, Felix)
April 3, 2019 Opinion or Order Filing 428 MINUTES (IN CHAMBERS) ORDER DENYING PLAINTIFFS' REQUEST TO TAKE MOTIONS IN LIMINE UNDER SUBMISSION #427 by Judge Cormac J. Carney. Plaintiffs' request is DENIED. (iv)
April 1, 2019 Filing 427 REQUEST for Ruling at Pre-Trial Conference on Already-Briefed Motions in Limine filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Attachments: #1 Proposed Order) (Ciardullo, Jean-Paul)
January 31, 2019 Opinion or Order Filing 426 ORDER GRANTING DOUBLESTAR DONG FENG TYRE CO., LTD. AND QINGDAO DOUBLESTAR TIRE & INDUSTRIAL CO., LTD.'S UNOPPOSED EX PARTE APPLICATION TO CONTINUE FPTC AND TRIAL DATE #425 by Judge Cormac J. Carney. The new Final Pre Trial Conference date is April 29, 2019 at 3:00 p.m. and the trial date is May 7, 2019 at 8:30 a.m. (iv)
January 30, 2019 Filing 425 EX PARTE APPLICATION to Set Trial Date on on or after April 30, 2019 filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co, Ltd. (Attachments: #1 Declaration Felix T Woo, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order) (Woo, Felix)
November 28, 2018 Opinion or Order Filing 424 ORDER by Judge Cormac J. Carney: Granting Application of Non-Resident Attorney Matthew B. Lowrie to Appear Pro Hac Vice on behalf of Plaintiff Toyo Tire & Rubber Co., Ltd and Toyo Tire U.S.A. Corp., designating Jean-Paul Ciardullo as local counsel #423 . (iv)
November 26, 2018 Filing 423 APPLICATION of Non-Resident Attorney Matthew B. Lowrie to Appear Pro Hac Vice on behalf of Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22792351) filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). (Attachments: #1 Proposed Order) (Ciardullo, Jean-Paul)
October 19, 2018 Opinion or Order Filing 422 ORDER GRANTING STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE AND TRIAL DATE #420 by Judge Cormac J. Carney. The Final Pre-Trial Conference is continued to February 11, 2019 at 3:00 p.m. and a Jury Trial will commence on February 19, 2019 at 8:30 a.m. (iv)
October 12, 2018 Filing 421 NOTICE of Errata re proposed order filed by Doublestar Dongfeng Tyre Co., Ltd. and Qingdao Tire & Industrial Co., Ltd. Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co, Ltd. (Attachments: #1 Exhibit Corrected Proposed Order)(Woo, Felix)
October 12, 2018 Filing 420 Joint STIPULATION to Continue Final PTC and Trial from 12/3/2018 and 12/11/2018 to 2/4/2019 and 2/20/2019 Re: Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, #419 filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co, Ltd. (Attachments: #1 Proposed Order)(Woo, Felix)
October 5, 2018 Opinion or Order Filing 419 MINUTE ORDER IN CHAMBERS by Judge Cormac J. Carney: ORDER CONTINUING PRETRIAL CONFERENCE AND TRIAL AND DENYING PENDING MOTIONS WITHOUT PREJUDICE. Jury Trial continued to 12/11/2018 at 08:30 AM before Judge Cormac J. Carney., Pretrial Conference continued to 12/3/2018 at 03:00 PM before Judge Cormac J. Carney. The Court DENIES WITHOUT PREJUDICE the pending motions in limine. (Dkts. 407-409). The parties are hereby ordered to meet and confer regarding these motions in an effort to resolve the matters without a hearing. All motions in limine shall be heard at the Pretrial Conference. (twdb)
October 5, 2018 Filing 418 REPLY IN SUPPORT OF MOTION IN LIMINE (3) to Exclude DOUBLESTAR WITNESS, JIANHAN WANG, OR IN THE ALTERNATIVE, TO COMPEL A PRE-TRIAL DEPOSITION #409 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Robinson, William)
October 5, 2018 Filing 417 REPLY IN SUPPORT OF MOTION IN LIMINE (2) to Exclude ARGUMENT CONTRADICTING THE VALIDITY OF THE FINAL JUDGMENT AND SETTLEMENT AGREEMENT #408 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Robinson, William)
October 5, 2018 Filing 416 REPLY IN SUPPORT OF MOTION IN LIMINE (1) to Exclude EVIDENCE CONCERING THE AMP M/T DESIGN PATENT #407 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Robinson, William)
October 3, 2018 Filing 415 JOINT REPORT of OF THE PARTIES RE MEDIATION filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Robinson, William)
October 1, 2018 Filing 414 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co, Ltd. (Woo, Felix)
October 1, 2018 Filing 413 Opposition Opposition re: MOTION IN LIMINE (3) to Exclude DOUBLESTAR WITNESS, JIANHAN WANG, OR IN THE ALTERNATIVE, TO COMPEL A PRE-TRIAL DEPOSITION #409 filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co, Ltd. (Woo, Felix)
October 1, 2018 Filing 412 Opposition Opposition re: MOTION IN LIMINE (2) to Exclude ARGUMENT CONTRADICTING THE VALIDITY OF THE FINAL JUDGMENT AND SETTLEMENT AGREEMENT #408 filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co, Ltd. (Woo, Felix)
October 1, 2018 Filing 411 Opposition Opposition re: MOTION IN LIMINE (1) to Exclude EVIDENCE CONCERING THE AMP M/T DESIGN PATENT #407 filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co, Ltd. (Woo, Felix)
October 1, 2018 Filing 410 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). (Robinson, William)
September 24, 2018 Filing 409 NOTICE OF MOTION AND MOTION IN LIMINE (3) to Exclude DOUBLESTAR WITNESS, JIANHAN WANG, OR IN THE ALTERNATIVE, TO COMPEL A PRE-TRIAL DEPOSITION filed by Plaintiff Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). Motion set for hearing on 10/22/2018 at 03:00 PM before Judge Cormac J. Carney. (Attachments: #1 Proposed Order)(Robinson, William)
September 24, 2018 Filing 408 NOTICE OF MOTION AND MOTION IN LIMINE (2) to Exclude ARGUMENT CONTRADICTING THE VALIDITY OF THE FINAL JUDGMENT AND SETTLEMENT AGREEMENT filed by Plaintiff Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). Motion set for hearing on 10/22/2018 at 03:00 PM before Judge Cormac J. Carney. (Attachments: #1 Proposed Order)(Robinson, William)
September 24, 2018 Filing 407 NOTICE OF MOTION AND MOTION IN LIMINE (1) to Exclude EVIDENCE CONCERING THE AMP M/T DESIGN PATENT filed by Plaintiff Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). Motion set for hearing on 10/22/2018 at 03:00 PM before Judge Cormac J. Carney. (Attachments: #1 Delayed-Notice S/W Report (AO-95) of Jean-Paul Ciardullo, #2 Exhibit A to Ciardullo Decl, #3 Exhibit B to Ciardullo Decl, #4 Proposed Order)(Robinson, William)
September 24, 2018 Filing 406 TEXT ONLY ENTRY: NOTICE TO PARTIES by District Cormac J. Carney. Effective October 9, 2018, Judge Cormac J. Carney will be located in the First Street U.S. Courthouse, Courtroom 7C, on the 7th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 7C of the First Street U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located outside the Clerk's Office on the 4th floor of the First Street Courthouse. Judge Carney's Courtroom Deputy Clerk, Melissa H. Kunig, may be reached at (714) 338-2849.The location for filing civil and/or criminal documents in paper format exempted from electronic filing is at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 180, Los Angeles, California 90012. Documents under this exemption may also be filed in the Santa Ana or Riverside courthouses.Please refer to Judge Carney's Procedures & Schedules Page on the Court's website **UPDATED AS OF SEPTEMBER 24, 2018** for updated procedures regarding mandatory chambers copies. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY
September 11, 2018 Opinion or Order Filing 405 MINUTE ORDER (IN CHAMBERS) ORDER DENYING STIPULATION TO CONTINUE TRIAL DATE #404 by Judge Cormac J. Carney. The Court has received the parties' Stipulation to Continue Trial Date #404 that they filed on September 11, 2018. The parties' stipulated request for a two-week continuance is DENIED WITHOUT PREJUDICE. The Court's current calendar cannot accommodate the parties request. However, the parties are required to attend a mediation by September 28, 2018. If the parties' mediation efforts are unsuccessful, they may renew their request. At that time, the Court will have a better sense if its schedule has changed and it can accommodate a two-week continuance. (lom)
September 10, 2018 Filing 404 STIPULATION to Continue Trial Date from October 30, 2018 to November 13, 2018 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). (Attachments: #1 Proposed Order)(Robinson, William)
August 24, 2018 Opinion or Order Filing 403 ORDER by Judge Cormac J. Carney, Granting Stipulation to Continue Date for Completing ADR #402 . The parties shall complete ADR (through private mediation) by September 28, 2018. (twdb)
August 21, 2018 Filing 402 Joint STIPULATION to Continue Date for Completing ADR from 8/21/18 to 9/28/18 filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co, Ltd. (Attachments: #1 Proposed Order)(Woo, Felix)
August 21, 2018 Filing 401 NOTICE of Change of address by William J Robinson attorney for Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. Changing attorneys address to 555 S. Flower St., Suite 3300. Filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Robinson, William)
July 10, 2018 Filing 400 NOTICE of Change of Attorney Business or Contact Information: for attorney Felix T Woo counsel for Defendants Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co, Ltd. Changing firm name to FTW Law Group. Changing email to fwoo@ftwlawgroup.com. Filed by Defendants Doublestar Dongfeng Tyre Co., Ltd. and Qingdao Tire & Industrial Co., Ltd.. (Woo, Felix)
June 29, 2018 Filing 399 Notice of Appearance or Withdrawal of Counsel: for attorney Eva K Freel counsel for Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. Eva K. Freel is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs TOYO TIRE & RUBBER CO., LTD. and TOYO TIRE U.S.A. CORP.. (Freel, Eva)
June 29, 2018 Filing 398 Notice of Appearance or Withdrawal of Counsel: for attorney Victor De Gyarfas counsel for Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. Victor de Gyarfas is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs TOYO TIRE & RUBBER CO., LTD. and TOYO TIRE U.S.A. CORP.. (De Gyarfas, Victor)
June 26, 2018 Opinion or Order Filing 397 ORDER GRANTING IN LIMITED PART DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT ON DAMAGES #381 AND DENYING DDFS MOTION FOR PARTIAL SUMMARY JUDGMENT ON FRAUD CLAIM #390 by Judge Cormac J. Carney: For the foregoing reasons, Defendants motion for partial summary judgment on damages is GRANTED IN LIMITED PART as to Toyos lost profits based on Toyos lost sales, any disgorgement of Defendants profits prior to entry of the Final Judgment under a theory of unjust enrichment, any overlap with Defendants disgorgement of profits based on the Contempt Order, and Toyos request for attorneys fees as damages. (twdb)
June 21, 2018 Filing 396 MINUTES (IN CHAMBERS) by Judge Cormac J. Carney: Order Taking Defendants' MOTIONS for Partial Summary Judgment Under Submission #381 #390 . (mt)
June 18, 2018 Filing 395 REPLY in support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Toyo's Fraud Claim #390 filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co, Ltd. (Woo, Felix)
June 8, 2018 Filing 394 JOINT STATEMENT of Extraterritorial Application of Lanham Act With Respect to Doublestar's Motion for Summary Judgment on Damages NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Toyo's Entitlement to Further Damages - Dkt 375 #381 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Robinson, William)
June 4, 2018 Filing 393 REPLY in support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Toyo's Entitlement to Further Damages - Dkt 375 #381 filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co, Ltd. (Woo, Felix)
June 4, 2018 Filing 392 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Toyo's Fraud Claim #390 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Attachments: #1 Declaration of William J. Robinson, #2 Exhibit 1 of Robinson Decl, #3 Exhibit 2 of Robinson Decl, #4 Exhibit 3 of Robinson Decl, #5 Exhibit 4 of Robinson Decl, #6 Exhibit 5 of Robinson Decl, #7 Exhibit 6 of Robinson Decl, #8 Exhibit 7 of Robinson Decl, #9 Exhibit 8 of Robinson Decl, #10 Exhibit 9 of Robinson Decl, #11 Exhibit 10 of Robinson Decl, #12 Exhibit 11 of Robinson Decl, #13 Exhibit 12 of Robinson Decl, #14 Exhibit 13 of Robinson Decl, #15 Exhibit 14 of Robinson Decl, #16 Exhibit 15 of Robinson Decl, #17 Exhibit 16 of Robinson Decl)(Robinson, William)
May 24, 2018 Opinion or Order Filing 391 ORDER from Federal Circuit Court of Appeals filed. CCA # 18-1965. NOTICE OF APPEAL to the Federal Circuit Court of Appeals #383 . ORDERED that the proceeding is DISMISSED underFed. R. App. P. 42 (b). Each side shall bear its own costs. ISSUED AS A MANDATE: May 24, 2018. (mat)
May 21, 2018 Filing 390 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Toyo's Fraud Claim filed by Defendant Doublestar Dong Feng Tyre Co., Ltd.. Motion set for hearing on 6/25/2018 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Separate Statement, #2 Declaration Felix Woo, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Proposed Order) (Woo, Felix)
May 21, 2018 Filing 389 STATEMENT of PLAINTIFFS' RESPONSE TO DOUBLESTAR DONG FENG'S AND QINGDAO DOUBLESTAR'S STATEEMENT OF UNCONTROVERTED FACTS IN RE MOTION FOR SUMMARY JUDGMENT AS TO TOYO DAMAGES NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Toyo's Entitlement to Further Damages - Dkt 375 #381 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Robinson, William)
May 21, 2018 Filing 388 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Toyo's Entitlement to Further Damages - Dkt 375 #381 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Attachments: #1 Declaration of William J. Robinson, #2 Exhibit 1 to Robinson Decl., #3 Exhibit 2 to Robinson Decl., #4 Exhibit 3 to Robinson Decl., #5 Exhibit 4 to Robinson Decl., #6 Exhibit 5 to Robinson Decl.)(Robinson, William)
May 16, 2018 Filing 387 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Appeal (Dkt 383) #385 . The following error(s) was/were found: The case is on appeal. Therefore, the Motion should be e-filed on the Federal Circuit Court of Appeals docket. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (es)
May 15, 2018 Filing 386 NOTIFICATION from Federal Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-1965 assigned to Notice of Appeal to Federal Circuit Court of Appeals, #383 as to Defendants Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co, Ltd. (car)
May 11, 2018 Filing 385 NOTICE OF MOTION AND MOTION to Dismiss Appeal (Dkt 383) filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co, Ltd. (Attachments: #1 Proposed Order) (Woo, Felix)
May 11, 2018 TRANSMISSION of the Notice of Appeal, Docket Sheet, Judgment and or order e-mailed to the US Court of Appeals for the Federal Circuit re: Notice of Appeal to Federal Circuit Court of Appeals, #383 (car)
May 10, 2018 Opinion or Order Filing 384 ORDER by Judge Cormac J. Carney, granting Stipulation to Continue, #382 . Defendants shall file the motion for partial summary judgment as to fraud by Monday, May 21, 2018, Toyo's opposition shall be filed by Monday, June 4, 2018, and Defendants' reply shall be filed by Monday, June 18, 2018 and the hearing remains set for June 25, 2018 at 1:30 p.m. IT IS SO ORDERED. (see document for details). (dro)
May 10, 2018 Filing 383 NOTICE OF APPEAL to the Federal Circuit Court of Appeals filed by DEFENDANTS AND APPELLANTS Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. Appeal of Order on Motion for Partial Summary Judgment, #374 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-21733451.) (Attachments: #1 Exhibit A)(Woo, Felix)
May 9, 2018 Filing 382 Joint STIPULATION to Continue Briefing Schedule on Motion for Partial Summary Judgment as to Fraud Re: Minutes of In Chambers Order/Directive - no proceeding held,, #380 filed by defendants Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co, Ltd. (Attachments: #1 Proposed Order)(Woo, Felix)
May 7, 2018 Filing 381 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Toyo's Entitlement to Further Damages - Dkt 375 filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co, Ltd. Motion set for hearing on 6/25/2018 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Appendix, #2 Declaration Felix Woo, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Proposed Order) (Woo, Felix)
May 3, 2018 Opinion or Order Filing 380 MINUTES (IN CHAMBERS) ORDER Directing DDF to File a Motion for Partial Summary Judgment by Judge Cormac J. Carney. The Court has granted Toyo's motion to vacate the Court's dismissal of Toyo's fraud claim against DDF. The Court DIRECTS DDF to file a motion for partial summary judgment on Toyo's fraud claim. DDF shall file its motion by Friday, May 18, 2018. Toyo shall file an opposition to the motion by Friday, June 1, 2018. DDF shall file a reply by Friday, June 15, 2018. The Court will hold a hearing on the motion on Monday, June 25, 2018, at 1:30 p.m. in Courtroom 9B. (dro)
May 3, 2018 Opinion or Order Filing 379 ORDER by Judge Cormac J. Carney granting #378 MOTION to Vacate Portion of the Court's April 12, 2018 Order. For the foregoing reasons, Toyo's motion to vacate the portion of the Court's April 12 Order dismissing its fraud claim is GRANTED. (see document for details). (dro)
April 23, 2018 Filing 378 NOTICE OF MOTION AND MOTION to Vacate Order on Motion for Partial Summary Judgment, #374 Dismissing Toyo's Claim No. 3 for Fraud filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). Motion set for hearing on 5/21/2018 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Proposed Order) (Robinson, William)
April 23, 2018 Opinion or Order Filing 377 ORDER GRANTING Stipulation to Continue Hearing Date on Motion for Partial Summary Judgment as to Liability #376 by Judge Cormac J. Carney as follows: Defendants shall file the motion for partial summary judgment as to damagesby May 7, 2018, Toyo's opposition shall be filed by May 21, 2018, Defendants reply shall be filed by June 4, 2018, and the hearing set for June 25, 2018 at 1:30 PM., in this Court. (jp)
April 19, 2018 Filing 376 Joint STIPULATION to Continue Briefing Schedule and Hearing Date on Motion for Partial Summary Judgment as to Damages Re: Minutes of In Chambers Order/Directive - no proceeding held,, #375 filed by defendants Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co, Ltd. (Attachments: #1 Proposed Order)(Woo, Felix)
April 12, 2018 Opinion or Order Filing 375 MINUTES (IN CHAMBERS) ORDER DIRECTING DDF AND QDT TO FILE A MOTION FOR PARTIAL SUMMARY JUDGMENT by Judge Cormac J. Carney. The Court DIRECTS DDF and QDT to file a motion for summary judgment on whether Toyo is entitled to any further damages beyond the relief the Court awarded in its contempt order in the HKTA case. DDF and QDT shall file their motion by Wednesday, April 25, 2018. Toyo shall file an opposition to the motion by Wednesday, May 9, 2018. DDF and QDT shall file a reply by Wednesday, May 23, 2018. The Court will hold a hearing on the motion on Monday, June 4, 2018, at 2:30 p.m. in Courtroom 9B. (see document for details). (dro)
April 12, 2018 Opinion or Order Filing 374 ORDER by Judge Cormac J. Carney granting in part #368 MOTION for Partial Summary Judgment. For the foregoing reasons, Toyo's motion for partial summary judgment is GRANTED IN PART on Toyo's trade dress infringement and breach of contract causes of action. (see document for details). (dro)
April 2, 2018 Filing 373 REPLY in support of a Motion NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Liability on Plaintiffs' Trade Dress Infringement and Unfair Competition Claims Against Doublestar Dong Feng Tyre Co. and Qingdao Doublestar Tire Ind. Co.; and Plaintiffs' Breach #368 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Robinson, William)
March 28, 2018 Opinion or Order Filing 372 ORDER by Judge Cormac J. Carney granting #365 MOTION to Dismiss Defendant Doublestar Group Corp. For the foregoing reasons, Toyo's motion to dismiss the action as to DGC is GRANTED. Toyo's causes of action against DGC for trade dress infringement and unfair competition are DISMISSED WITH PREJUDICE. DGC's counterclaim for trade dress invalidity is DISMISSED WITHOUT PREJUDICE. DGC's request for attorneys' fees and costs is DENIED. (see document for details). (dro)
March 26, 2018 Filing 371 OPPOSITION to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Liability on Plaintiffs' Trade Dress Infringement and Unfair Competition Claims Against Doublestar Dong Feng Tyre Co. and Qingdao Doublestar Tire Ind. Co.; and Plaintiffs' Breach #368 filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co, Ltd, Counter Claimant Qingdao Doublestar Tire Industrial Co, Ltd. (Attachments: #1 Response to Separate Statement, #2 Declaration Felix Woo, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H)(Woo, Felix)
March 19, 2018 Filing 370 REPLY In Support of a Motion NOTICE OF MOTION AND MOTION to Dismiss Defendant Doublestar Group Corp #365 Pursuant to Fed. R. Civ. P. 41(a)(2) filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Attachments: #1 Declaration of William J. Robinson ISO Toyo Rule 41 Reply, #2 Exhibit 1 to Declaration of William J. Robinson, #3 Exhibit 2 to Declaration of William J. Robinson, #4 Exhibit 3 to Declaration of William J. Robinson)(Robinson, William)
March 12, 2018 Filing 369 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Defendant Doublestar Group Corp #365 filed by Counter Claimant Doublestar Group Corp, Defendant Doublestar Group Corp. (Attachments: #1 Declaration Felix Woo, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Woo, Felix)
March 8, 2018 Filing 368 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Liability on Plaintiffs' Trade Dress Infringement and Unfair Competition Claims Against Doublestar Dong Feng Tyre Co. and Qingdao Doublestar Tire Ind. Co.; and Plaintiffs' Breach of Contract Claim Against Doublestar Dong Feng Tyre Co. filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. Motion set for hearing on 4/16/2018 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Statement of Uncontroverted Facts, #2 Declaration of William J. Robinson, #3 Exhibit 1, #4 Exhibit 2, #5 Proposed Order) (Robinson, William)
February 26, 2018 Filing 367 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION to Dismiss Defendant Doublestar Group Corp #365 by Judge Cormac J. Carney. The document is accepted as filed. The hearing date has been rescheduled to Monday, April 2, 2018 at 1:30 pm. **Counsel is ordered to consult Local Rules AND the Court's Procedures and Schedules page prior to filing any future documents. (lwag)
February 26, 2018 Filing 366 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Defendant Doublestar Group Corp #365 . The following error(s) was/were found: Hearing information is missing, incorrect or not timely. Other error(s) with document(s): Counsel is ordered to consult Local Rules AND the Court's Procedures and Schedules page prior to filing any future documents. Counsel shall note hearing information on all future motions. *The Court shall re-notice the hearing on the motion as it deems appropriate.*. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lwag)
February 26, 2018 Filing 365 NOTICE OF MOTION AND MOTION to Dismiss Defendant Doublestar Group Corp filed by Plaintiffs Toyo Tire U.S.A. Corp., Toyo Tire & Rubber Co., Ltd. Motion set for hearing on 3/19/2018 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Proposed Order) (Robinson, William)
December 27, 2017 Filing 364 NOTICE of Appearance filed by attorney Eva Freel on behalf of Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp. (Attorney Eva Freel added to party Toyo Tire & Rubber Co., Ltd(pty:pla), Attorney Eva Freel added to party Toyo Tire & Rubber Co., Ltd(pty:cd), Attorney Eva Freel added to party Toyo Tire & Rubber Co., Ltd(pty:cd), Attorney Eva Freel added to party Toyo Tire U.S.A. Corp.(pty:cd), Attorney Eva Freel added to party Toyo Tire U.S.A. Corp.(pty:pla), Attorney Eva Freel added to party Toyo Tire U.S.A. Corp.(pty:cd))(Freel, Eva)
November 30, 2017 Opinion or Order Filing 363 ORDER REGARDING SETTLEMENT PROCEDURES, PRE-TRIAL CONFERENCE AND TRIAL by Judge Cormac J. Carney. (mku)
November 30, 2017 Opinion or Order Filing 362 SCHEDULING ORDER by Judge Cormac J. Carney. Discovery cut-off 7/26/2018. Motions due by 9/24/2018. Last date to conduct settlement conference is 8/21/2018. Pretrial Conference set for 10/22/2018 at 3:00 p.m. Jury Trial set for 10/30/2018 at 8:30 a.m. (mku)
September 6, 2017 Opinion or Order Filing 361 ORDER by Judge Cormac J. Carney, Granting Stipulation to Extend Schedule Ordered by the Court #359 . Toyo is granted until Monday, October 9, 2017 to file its renewed motion for contempt. (twdb)
September 5, 2017 Filing 360 Joint STIPULATION for Order to Extend Schedule Ordered by the Court #359 filed by defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. (Attachments: #1 Proposed Order)(Woo, Felix)
August 28, 2017 Opinion or Order Filing 359 MINUTE ORDER IN CHAMBERS by Judge Cormac J. Carney: Order Directing Plaintiffs to Renew Motion for Civil Contempt. The Court believes that resolution of that motion will resolve many of the claims in the two actions. Plaintiff shall FILE the renewed motion for civil contempt WITHIN 28 DAYS of the date of this minute order. (twdb)
August 17, 2017 Filing 358 MINUTES (IN CHAMBERS) by Judge Cormac J. Carney: taking under advisement #350 MOTION for Partial Summary Judgment. Accordingly, the hearing set for August 21, 2017, at 1:30 p.m. is hereby vacated and off calendar. The Court takes this matter under submission and will issue a decision on the motion forthwith. (twdb)
August 7, 2017 Filing 357 REPLY in Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Issues Identified in the Court's June 5, 2017 Order [DKT. 349] #350 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Attachments: #1 Declaration of William J. Robinson (Supplemental), #2 Exhibit 3A)(Robinson, William)
August 3, 2017 Filing 356 Effective August 7, 2017, Judge Jean P. Rosenbluth will be located at the Edward R. Roybal Federal Building, COURTROOM 690 on the 6th Floor, located at 255 East Temple Street, Los Angeles, California 90012. All court appearances shall be made in Courtroom 690 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mailbox located outside the Clerk's Office on the 12th Floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
August 2, 2017 Filing 355 Notice of Appearance or Withdrawal of Counsel: for attorney Henry Louis Whitehead counsel for Defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd, Counter Claimants Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. Filed by Defendants and Counter-Claimants Doublestar Dong Feng Tyre Co., Ltd.; Qingdao Doublestar Tire Industrial Co., Ltd.; Doublestar Group Corp. (Whitehead, Henry)
August 1, 2017 Filing 354 DECLARATION of Felix T Woo Opposition NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Issues Identified in the Court's June 5, 2017 Order [DKT. 349] #350 attached to Notice of Errata re Exhibits A and G from July 31 2017 filing filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Woo, Felix)
July 31, 2017 Filing 353 Declaration in support of Opposition opposition re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Issues Identified in the Court's June 5, 2017 Order [DKT. 349] #350 by Felix T Woo filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Woo, Felix)
July 31, 2017 Filing 352 Opposition Opposition re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Issues Identified in the Court's June 5, 2017 Order [DKT. 349] #350 filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. (Attachments: #1 Supplement Response to Separate Statement)(Woo, Felix)
July 24, 2017 Filing 351 STATEMENT of Uncontroverted Facts and Conclusions of Law in Support of Toyo's Motion for Partial Summary Judgment on the Issues Identified in The Court's June 5, 2017 Order [DKT 349] NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Issues Identified in the Court's June 5, 2017 Order [DKT. 349] #350 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Robinson, William)
July 24, 2017 Filing 350 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Issues Identified in the Court's June 5, 2017 Order [DKT. 349] filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). Motion set for hearing on 8/21/2017 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration of William J. Robison ISO Toyo's Mot. for Partial Summary Judgment, #2 Exhibit to Robinson Decl., #3 Exhibit to 2 to Robinson Decl., #4 Exhibit 3 to Robinson Decl., #5 Exhibit 4 to Robinson Decl., #6 Exhibit 5 to Robinson Decl., #7 Exhibit 6 to Robinson Decl., #8 Exhibit 7 to Robinson Decl., #9 Exhibit 8 to Robinson Decl., #10 Exhibit 9 to Robinson Decl., #11 Declaration of Galen Yu ISO Toyo's Mot. for Partial Summary Judgment, #12 Exhibit A to Yu Decl., #13 Proposed Order) (Robinson, William)
June 5, 2017 Opinion or Order Filing 349 MINUTES (IN CHAMBERS) ORDER DIRECTING PLAINTIFFS TO FILE A MOTION FOR SUMMARY JUDGMENT WITHIN SIXTY DAYS by Judge Cormac J. Carney. On June 1, 2017, pursuant to General Order 16-05, this case was transferred from Judge David O. Carter to this Court. (Dkt. 344.) Having reviewed the filings and procedural posture of this case, the Court DIRECTS Plaintiffs to file a motion for summary judgment WITHIN SIXTY DAYS as to the following issues: (1) to what extent Defendants are judicially estopped from challenging the validity and enforceability of Plaintiff's trade dress pursuant to the stipulated settlement in Toyo Tire & Rubber Co. Ltd et al. v. Hong Kong Tri-Ace Tire Co., Ltd., et al., SACV 14-00054-CJC(JPRx) Dkt. 8, (2) whether that stipulated settlement is binding on Defendants other than Defendant Doublestar Dong Feng Tyre Co., Ltd., and (3) whether that stipulated settlement covers the tires at issue in this case. Plaintiff's request for a status conference, (Dkt. #345 ), is DENIED. (dro)
June 5, 2017 Filing 348 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Hearing status conference, re Miscellaneous Document #345 , #347 . The following error(s) was found: Incorrect document is attached to the docket entry. Other error(s) with document(s) are specified below: The entry says Request for Hearing, but the attachment is a Response.. 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. (lwag)
June 2, 2017 Filing 347 RESPONSE filed as REQUEST for Hearing status conference, re Miscellaneous Document #345 , filed by defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. (Woo, Felix) Modified on 6/6/2017 (lwag).
June 2, 2017 Filing 346 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #345 . The following error(s) was found: Incorrect event selected. The correct event is: request. Proposed Document was not submitted as separate attachment. 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. (twdb)
June 1, 2017 Filing 345 PLAINTIFFS' REQUEST FOR STATUS CONFERENCE filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp. (Robinson, William)
June 1, 2017 Opinion or Order Filing 344 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: SACV14-00024 CJC (JPRx). Case transferred from Judge David O. Carter and Magistrate Judge Douglas F. McCormick to Judge Cormac J. Carney and Magistrate Judge Jean P. Rosenbluth for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV15-00246 CJC (JPRx). Signed by Judge Cormac J. Carney (dro)
May 31, 2017 Filing 343 NOTICE of Related Case(s) filed by defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. Related Case(s): 8:14-SACV-00054-CJC (JPRx) (Woo, Felix)
May 30, 2017 Filing 342 MINUTES OF Status Conference held before Judge David O. Carter: An off-the-record (in chambers) status conference was held. Counsel for defendant to file a notice of related cases. Case to be transferred back to Judge Cormac J. Carney. Court Reporter: CourtSmart; Courtroom Deputy: Deborah Goltz; Plaintiff Attorney: William J. Robinson, Defendant Attorney: Felix T. Woo. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo)
May 30, 2017 Filing 341 FINAL JUDGMENT Against CIA Wheel Group re Stipulation #337 by Judge David O. Carter. (dgo)
May 30, 2017 Opinion or Order Filing 340 ORDER re Stipulation Dismissing Wheel Group Holdings LLC Without Prejudice [F.R.CIV.P. 41(a)(2)] #338 by Judge David O. Carter. (dgo)
May 30, 2017 Opinion or Order Filing 339 ORDER re #336 Stipulated Findings of Fact and Conclusions of Law and Order Thereon as Between Plaintiffs and CIA Wheel Group by Judge David O. Carter. (dgo)
May 26, 2017 Filing 338 STIPULATION to Dismiss Defendant Wheel Group Holdings LLC filed by Plaintiffs Toyo Tire U.S.A. Corp.(a California corporation), Toyo Tire & Rubber Co., Ltd.(Robinson, William)
May 26, 2017 Filing 337 STIPULATION for Judgment as to Against CIA Wheel Group filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation).(Robinson, William)
May 26, 2017 Filing 336 STIPULATION for Relief from Findings of Fact and Conclusions of Law filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation).(Robinson, William)
May 24, 2017 Filing 335 SCHEDULING NOTICE by Judge David O. Carter: Status Conference set for 5/30/2017 @ 8:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
May 24, 2017 Filing 334 SCHEDULING NOTICE by Judge David O. Carter: The Final Pretrial Conference and Motion Hearings re Motions in Limine previously scheduled for 5/30/2017 @ 12:00 PM and the Jury Trial scheduled for 6/13/2017 @ 8:30 AM have been CANCELLED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
May 24, 2017 Filing 333 NOTICE of Settlement Betwen Plaintiffs and Wheel Group Defendants filed by Plaintiff Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). (Robinson, William)
May 17, 2017 Filing 332 Witness List filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation).. (Robinson, William)
May 17, 2017 Filing 331 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). (Robinson, William)
May 9, 2017 Opinion or Order Filing 330 MINUTES (IN CHAMBERS) ORDER DENYING EX PARTE APPLICATION by Judge David O. Carter: Due to the potential for prejudice to the Plaintiffs, the Application is DENIED. But if counsel can reach a stipulation to alter the trial date, please notify the Court. Should the June 5, 2017 trial extend into the week of June 12, 2017, the Court will, of course, delay commencement of this case until the first trial concludes and lead counsel become available. See document for details. #325 (dv)
May 8, 2017 Filing 329 SCHEDULING NOTICE by Judge David O. Carter: The Status Conference previously scheduled for 5/10/2017 @ 8:30 AM has been CANCELLED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
May 8, 2017 Filing 328 SCHEDULING NOTICE by Judge David O. Carter: Status Conference set for 5/10/2017 @ 8:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
May 5, 2017 Filing 327 MEMORANDUM in Opposition to EX PARTE APPLICATION to Continue Trial from June 13, 2017 to June 20, 2017 #325 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Attachments: #1 Declaration of William J. Robinson, #2 Exhibit 1)(Robinson, William)
May 5, 2017 Filing 326 STATEMENT of Doublestar Defendants re EX PARTE APPLICATION to Continue Trial from June 13, 2017 to June 20, 2017 #325 filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. (Woo, Felix)
May 5, 2017 Filing 325 EX PARTE APPLICATION to Continue Trial from June 13, 2017 to June 20, 2017 filed by Defendants CIA Wheel Group, Wheel Group Holdings LLC. (Attachments: #1 Declaration of Christopher W. Arledge, #2 Proposed Order) (Afrasiabi, Peter)
May 1, 2017 Opinion or Order Filing 324 ORDER by Judge David O. Carter: denying #279 MOTION for Partial Summary Judgment; denying #304 MOTION for Partial Summary Judgment. (twdb)
May 1, 2017 Filing 323 MINUTES OF Motion Hearing re #279 , #304 Motions for Partial Summary Judgment held before Judge David O. Carter: Hearing held. Court to issue an order. The Final Pretrial Conference and Jury Trial are rescheduled. Final Pretrial Conference set for 5/30/2017 @ 12:00 PM before Judge David O. Carter, Jury Trial set for 6/13/2017 @ 8:30 AM before Judge David O. Carter. Court Reporter: Anne Kielwasser; Courtroom Deputy: Deborah Goltz; Plaintiff Attorney: William J. Robinson; Defendant Attorney: Christopher W. Arledge, Christine Hwang, Peter R. Afrasiab, Felix T. Woo; Time in Court: :31. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo)
April 25, 2017 Filing 322 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment #279 , NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to (1) BREACH OF CONTRACT AS TO DEFT DOUBLESTAR DONG FENG; AND (2) TRADE DRESS INFRINGEMENT AND UNFAIR COMPETITION AS TO DEFTS CIA WHEEL GROUP, WHEEL GROUP HOLDINGS LLC, AND DOUBLESTAR DEFTS #304 : The Motion Hearing previously scheduled for 5/1/2017 @ 8:30 AM has been rescheduled. Motion Hearing set for 5/1/2017 @ 9:30 AM **TIME CHANGE ONLY** before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
April 24, 2017 Filing 321 MINUTES (IN CHAMBERS) by Judge David O. Carter: granting #319 EX PARTE APPLICATION. Accordingly, the Court STRIKES the Second Reply. See minute order for more information. (twdb)
April 20, 2017 Filing 320 OPPOSITION re: EX PARTE APPLICATION to Strike WHEEL GROUP HOLDING'S SECOND REPLY (DKT. 317) IN RE MOTION FOR SUMMARY JUDGMENT (DKT. 279); REQUEST FOR SANCTIONS Reply (Motion related), #317 #319 filed by Defendant Wheel Group Holdings LLC. (Attachments: #1 Declaration of Christopher W. Arledge, #2 Exhibit 1 to Arledge Declaration)(Arledge, Christopher)
April 19, 2017 Filing 319 EX PARTE APPLICATION to Strike WHEEL GROUP HOLDING'S SECOND REPLY (DKT. 317) IN RE MOTION FOR SUMMARY JUDGMENT (DKT. 279); REQUEST FOR SANCTIONS Reply (Motion related), #317 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). (Attachments: #1 Declaration of William J. Robinson, #2 Exhibit 1 to Robinson Decl., #3 Proposed Order) (Robinson, William)
April 18, 2017 Filing 318 SUPPLEMENT REQUEST TO REPLACE DOCKET NO. 307 WITH DOCKET NO. 317 filed by Defendant Wheel Group Holdings LLC. (Arledge, Christopher)
April 17, 2017 Filing 317 DOCUMENT STRICKEN/REPLY in support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment #279 filed by Defendant Wheel Group Holdings LLC. (Attachments: #1 Declaration of Christopher W. Arledge, #2 Exhibit A to Arledge Declaration)(Arledge, Christopher) Modified on 4/24/2017 (twdb).
April 17, 2017 Filing 316 REPLY in Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to (1) BREACH OF CONTRACT AS TO DEFT DOUBLESTAR DONG FENG; AND (2) TRADE DRESS INFRINGEMENT AND UNFAIR COMPETITION AS TO DEFTS CIA WHEEL GROUP, WHEEL GROUP HOLDINGS LLC, AND DOUBLESTAR DEFTS #304 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Attachments: #1 Pltfs' Stmt of Genuine Disputes in Response to Defts' Stmt of Addl Material Facts, #2 Declaration of William J. Robinsin, #3 Exhibit 1 to Robinson Decl., #4 Exhibit 2 to Robinson Decl.)(Robinson, William)
April 10, 2017 Filing 315 NOTICE OF FILING TRANSCRIPT filed for proceedings 3/6/2017; 8:37 a.m. re Transcript #314 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (at) TEXT ONLY ENTRY
April 10, 2017 Filing 314 TRANSCRIPT for proceedings held on 3/6/2017; 8:37 a.m. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/1/2017. Redacted Transcript Deadline set for 5/11/2017. Release of Transcript Restriction set for 7/10/2017. (at)
April 10, 2017 Filing 313 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to (1) BREACH OF CONTRACT AS TO DEFT DOUBLESTAR DONG FENG; AND (2) TRADE DRESS INFRINGEMENT AND UNFAIR COMPETITION AS TO DEFTS CIA WHEEL GROUP, WHEEL GROUP HOLDINGS LLC, AND DOUBLESTAR DEFTS #304 filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. (Attachments: #1 Response to Toyo's Separate Statement, and Additional Material Facts and Genuine Issues, #2 Declaration Declaration of Felix T Woo In Support of Opposition to Toyo's Motion for Partial Summary Judgment, #3 Exhibit Ex A to Woo Declaration, #4 Exhibit Ex. B to Woo Declaration, #5 Exhibit Ex. C to Woo Declaration, #6 Exhibit Ex. D to Woo Declaration, #7 Exhibit Ex. E to Woo Declaration, #8 Exhibit Ex. F to Woo Declaration)(Woo, Felix)
April 10, 2017 Filing 312 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to (1) BREACH OF CONTRACT AS TO DEFT DOUBLESTAR DONG FENG; AND (2) TRADE DRESS INFRINGEMENT AND UNFAIR COMPETITION AS TO DEFTS CIA WHEEL GROUP, WHEEL GROUP HOLDINGS LLC, AND DOUBLESTAR DEFTS #304 filed by Defendants CIA Wheel Group, Wheel Group Holdings LLC. (Attachments: #1 Response to Plaintiff's Statement of Uncontroverted Facts and Conclusions of Law, and Defendants' Statement of Additional Genuine Issues of Material Fact, #2 Declaration of Paul Yang)(Arledge, Christopher)
March 30, 2017 Filing 311 TRANSCRIPT ORDER as to defendant Wheel Group Holdings LLC for Court Smart (CS). Court will contact Lauren Thomas at lthomas@onellp.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court recorder. (Magnuson, Molly)
March 22, 2017 Filing 310 SCHEDULING NOTICE by Judge David O. Carter re: #309 Joint Stipulation re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment #279 , NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to (1) BREACH OF CONTRACT AS TO DEFT DOUBLESTAR DONG FENG; AND (2) TRADE DRESS INFRINGEMENT AND UNFAIR COMPETITION AS TO DEFTS CIA WHEEL GROUP, WHEEL GROUP HOLDINGS LLC, AND DOUBLESTAR DEFTS #304 . The Motion Hearing previously scheduled for 4/17/2017 @ 8:30 AM has been rescheduled. Motion Hearing set for 5/1/2017 @ 8:30 AM before Judge David O. Carter. **THE COURT IS UNAVAILABLE ON 4/24/2017** THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
March 21, 2017 Filing 309 Joint STIPULATION to Continue Hearing on Defendant Wheel Group Holdings LLC and Plaintiffs' Motions for Partial Summary Judgment from April 17, 2017 to April 24, 2017 Re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to (1) BREACH OF CONTRACT AS TO DEFT DOUBLESTAR DONG FENG; AND (2) TRADE DRESS INFRINGEMENT AND UNFAIR COMPETITION AS TO DEFTS CIA WHEEL GROUP, WHEEL GROUP HOLDINGS LLC, AND DOUBLESTAR DEFTS #304 , NOTICE OF MOTION AND MOTION for Partial Summary Judgment #279 filed by defendant Wheel Group Holdings LLC. (Attachments: #1 Proposed Order)(Arledge, Christopher)
March 21, 2017 Filing 308 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment #279 . The Motion Hearing previously scheduled for 4/3/2017 @ 8:30 AM has been rescheduled. Motion Hearing set for 4/17/2017 @ 8:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
March 20, 2017 Filing 307 REPLY in support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment #279 filed by Defendant Wheel Group Holdings LLC. (Attachments: #1 Declaration of Christopher W. Arledge, #2 Exhibit A)(Arledge, Christopher)
March 20, 2017 Filing 306 STATEMENT of UNCONTROVERTED FACTS AND CONLUSIONS OF LAW IN RE NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to (1) BREACH OF CONTRACT AS TO DEFT DOUBLESTAR DONG FENG; AND (2) TRADE DRESS INFRINGEMENT AND UNFAIR COMPETITION AS TO DEFTS CIA WHEEL GROUP, WHEEL GROUP HOLDINGS LLC, AND DOUBLESTAR DEFTS #304 [AMENDED] filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Robinson, William)
March 20, 2017 Filing 305 STATEMENT of UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN RE MOTION FOR PARTIAL SUMMARY JUDGMENT NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to (1) BREACH OF CONTRACT AS TO DEFT DOUBLESTAR DONG FENG; AND (2) TRADE DRESS INFRINGEMENT AND UNFAIR COMPETITION AS TO DEFTS CIA WHEEL GROUP, WHEEL GROUP HOLDINGS LLC, AND DOUBLESTAR DEFTS #304 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Robinson, William)
March 20, 2017 Filing 304 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to (1) BREACH OF CONTRACT AS TO DEFT DOUBLESTAR DONG FENG; AND (2) TRADE DRESS INFRINGEMENT AND UNFAIR COMPETITION AS TO DEFTS CIA WHEEL GROUP, WHEEL GROUP HOLDINGS LLC, AND DOUBLESTAR DEFTS filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). Motion set for hearing on 4/17/2017 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration of William J. Robinson, #2 Exhibit 1 of Robinson Decl., #3 Exhibit 2 of Robinson Decl., #4 Exhibit 3 of Robinson Decl., #5 Proposed Order) (Robinson, William)
March 14, 2017 Filing 303 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Response in Opposition to Motion, #302 . The following error(s) was found: Incorrect document is attached to the docket entry.Other error(s) with document(s) are specified below: The docket entry says Opposition, but attachment is a Statement of Genuine Issues. 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. (lwag)
March 13, 2017 Filing 302 OPPOSITION to NOTICE OF MOTION AND MOTION for Partial Summary Judgment #279 PLAINTIFFS' STATEMENT OF GENUINE DISPUTES OF MATERIAL FACT IN RESPONSE TO WHEEL GROUP HOLDING'S STMT OF UNCONTROVERTED FACTS filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Robinson, William)
March 13, 2017 Filing 301 STATEMENT of GENUINE ISSUES OF MATERIAL FACT IN OPPOSITION TO NOTICE OF MOTION AND MOTION for Partial Summary Judgment #279 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Robinson, William)
March 13, 2017 Filing 300 OPPOSITION to Defendants Wheel Group Holding's Motion for Partial Summary Judgment re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment #279 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Attachments: #1 Declaration of William J. Robinson, #2 Exhibit 1 to Robinson Decl., #3 Exhibit 2 to Robinson Decl., #4 Exhibit 3 to Robinson Decl., #5 Exhibit 4 to Robinson Decl., #6 Exhibit 5 to Robinson Decl., #7 Exhibit 6 to Robinson Decl., #8 Exhibit 7 to Robinson Decl., #9 Exhibit 8 to Robinson Decl.)(Robinson, William)
March 13, 2017 Opinion or Order Filing 299 ORDER Re: Special Master's Report and Recommendation by Judge David O. Carter. (see document for details). (dro)
March 7, 2017 Opinion or Order Filing 298 MINUTES (IN CHAMBERS) ORDER GRANTING MOTION TO BIFURCATE TRIAL #220 by Judge David O. Carter: Before the Court is Defendant CIA Wheel Group's Motion to Bifurcate Trial ("Motion") (Dkt. 220). The Court has already stated that trial will be bifurcated in this matter. See Order (Dkt. 262) at 11. Accordingly, the Court GRANTS the Motion. The first trial in this matter shall address Toyo's claims against CIA Wheel Group and Wheel Group Holdings LLC, and is set for August 15, 2017 at 8:30 a.m. The final pre-trial conference for the first trial is set for July 31, 2017 at 8:30 a.m. (dv)
March 6, 2017 Filing 297 MINUTES OF Final Pretrial Conference held before Judge David O. Carter: Hearing not held. The hearings originally scheduled have been rescheduled: Final Pretrial Conference set for 7/31/2017 @ 8:30 AM before Judge David O. Carter, Jury Trial set for 8/15/2017 @ 8:30 AM before Judge David O. Carter. Court Reporter: CourtSmart; Courtroom Deputy: Deborah Goltz; Plaintiff Attorney: William J. Robinson; Defendant Attorney: Peter R. Afrasiab, Felix T. Woo. Time in Court: :15. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY (dgo)
February 27, 2017 Filing 296 TRANSCRIPT ORDER as to defendants CIA Wheel Group, Wheel Group Holdings LLC for Court Smart (CS). Court will contact Lauren Thomas at lthomas@onellp.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court recorder. (Afrasiabi, Peter)
February 27, 2017 Filing 295 REPORT AND RECOMMENDATIONS REPORT of SPECIAL MASTER'S AMENDED REPORT AND RECOMMENDATIONS TO THE COURT RE PLAINTIFF'S MOTION TO COMPEL DEFENDANT DOUBLESTAR TO PRODUCE WITHHELD DOCUMENTS filed by Special Master James P Gray. (Gray, James)
February 22, 2017 Filing 294 REPORT AND RECOMMENDATIONS REPORT of SPECIAL MASTER'S REPORT AND RECOMMENDATIONS TO THE COURT RE PLAINTIFF'S MOTION TO COMPEL DEFENDANT DOUBLESTAR TO PRODUCE WITHHELD DOCUMENTS filed by Special Master James P Gray. (Gray, James)
February 22, 2017 Opinion or Order Filing 293 ORDER by Judge David O. Carter denying #282 EX PARTE APPLICATION. DENIED BY ORDER OF THE COURT on 2/22/17. (dro)
February 22, 2017 Filing 292 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION for Reconsideration re Order #259 , Minutes of In Chambers Order/Directive - no proceeding held #258 SEEKING HARMONIZATION OF THE ORDERS AT DKTS. 258 AND 259
February 21, 2017 Filing 291 PROOF OF SERVICE filed by defendant Wheel Group Holdings LLC, re Sealed Document, #290 , Sealed Document, #289 (Arledge, Christopher)
February 21, 2017 Filing 290 SEALED DOCUMENT Exhibit B to the Declaration of Christopher W. Arledge re NOTICE OF MOTION AND MOTION for Partial Summary Judgment #279 , Order on Motion for Leave to File Document Under Seal #288 filed by Defendant Wheel Group Holdings LLC.(Arledge, Christopher)
February 21, 2017 Filing 289 SEALED DOCUMENT Exhibit A to the Declaration of Christopher W. Arledge re NOTICE OF MOTION AND MOTION for Partial Summary Judgment #279 , Order on Motion for Leave to File Document Under Seal #288 filed by Defendant Wheel Group Holdings LLC.(Arledge, Christopher)
February 17, 2017 Opinion or Order Filing 288 ORDER by Judge David O. Carter: Granting APPLICATION Filing Under Seal Exhibits A and B to Declaration of Christopher W Arledge in Support of Defendant Wheel Group Holdings, LLC's Motion for Summary Judgment #280 (mt)
February 17, 2017 Opinion or Order Filing 287 MINUTES (IN CHAMBERS) Order Denying Motion for Reconsideration Re Order 259 #260 by Judge David O. Carter: For the reasons stated above, the Court DENIES the Motion for Reconsideration. See document for further information. (lwag)
February 16, 2017 Filing 286 MINUTES OF Motion Hearing re Motion to Bifurcate Trial as to Plaintiffs' Trade Dress Claims #220 held before Judge David O. Carter: Court to issue an order. The Court grants leave for defendant Wheel Group Holdings LLC to file a Motion for Summary Judgment to be heard on 4/3/2017 @ 8:30 AM. Trial schedule to be discussed at the Final Pretrial Conference set for 3/6/2017 @ 8:30 AM. Court Reporter: CourtSmart; Courtroom Deputy: Deborah Goltz; Plaintiff Attorney: William J. Robinson; Defendant Attorney: Peter R. Afrasiab, Felix T. Woo. Time in Court: :22. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo)
February 15, 2017 Filing 285 MEMORANDUM of Points and Authorities in Opposition to Toyo's Submissions re Effect of Court's January 23, 2017 Order on Trial Re: Memorandum of Points and Authorities in Support, #277 , Miscellaneous Document, #283 (Woo, Felix)
February 15, 2017 Filing 284 OPPOSITION re: EX PARTE APPLICATION to Strike WHEEL GROUP HOLDING'S MOTION FOR SUMMARY JUDGMENT NOTICE OF MOTION AND MOTION for Partial Summary Judgment #279 #282 filed by Defendant Wheel Group Holdings LLC. (Arledge, Christopher)
February 14, 2017 Filing 283 PLAINTIFFS' (VERY SHORT) REPLY ON ITS BENCH MEMORANDUM RE EFFECT OF THE COURT'S JANUARY 23, 2017 ORDER ON ISSUES REMAINING FOR TRIAL IN RE MTN FOR BIFURCATION filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp. re: Memorandum of Points and Authorities in Support, #277 (Robinson, William)
February 14, 2017 Filing 282 EX PARTE APPLICATION to Strike WHEEL GROUP HOLDING'S MOTION FOR SUMMARY JUDGMENT NOTICE OF MOTION AND MOTION for Partial Summary Judgment #279 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). (Attachments: #1 Declaration of William J. Robinson, #2 Exhibit 1 to Robinson Decl, #3 Exhibit 2 to Robinson Decl, #4 Proposed Order) (Robinson, William)
February 13, 2017 Filing 281 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits A and B to Declaration of Christopher W. Arledge in support of Defendant Wheel Group Holdings, LLC's Motion for Partial Summary Judgment under seal #280 filed by Defendant Wheel Group Holdings LLC. (Attachments: #1 Unredacted Document - Exhibit A to Declaration of Christopher W. Arledge, #2 Unredacted Document - Exhibit B to Declaration of Christopher W. Arledge, #3 Proof of Service)(Arledge, Christopher)
February 13, 2017 Filing 280 APPLICATION to file document Exhibits A and B to Declaration of Christopher W. Arledge in support of Defendant Wheel Group Holdings, LLC's Motion for Partial Summary Judgment under seal filed by Defendant Wheel Group Holdings LLC. (Attachments: #1 Redacted Document - Exhibit A to Declaration of Christopher W. Arledge, #2 Redacted Document - Exhibit B to Declaration of Christopher W. Arledge, #3 Proposed Order)(Arledge, Christopher)
February 13, 2017 Filing 279 NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by defendant Wheel Group Holdings LLC. Motion set for hearing on 3/13/2017 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Christopher W. Arledge, #3 Exhibit A to Arledge Declaration (Redacted), #4 Exhibit B to Arledge Declaration (Redacted), #5 Exhibit C to Arledge Declaration, #6 Exhibit D to Arledge Declaration, #7 Statement of Uncontroverted Facts and Conclusions of Law, #8 Proposed Order) (Arledge, Christopher)
February 13, 2017 Filing 278 RESPONSE filed by Defendants CIA Wheel Group, Wheel Group Holdings LLCto Memorandum of Points and Authorities in Support, #277 (Arledge, Christopher)
February 10, 2017 Filing 277 MEMORANDUM of Points and Authorities in Support of Narrowing of Issues and Concerning Bifurcation as a Result of Order at Dkt. 262 (Hearing currently set for February 16, 2017) Re: Minutes of In Chambers Order/Directive - no proceeding held, #262 (Robinson, William)
February 7, 2017 Opinion or Order Filing 276 REVISED COURT ORDER by Judge David O. Carter granting #275 APPLICATION for Order for Revised Court Order for Deposition of Masaaki Ohara at US Consulate in Osaka, Japan. (see document for details). (dro)
February 6, 2017 Filing 275 APPLICATION for Order for Revised Order for Deposition of Masaaki Ohara at U.S. Consulate in Osaka, Japan pursuant to Order, Dkt. No. 258 filed by defendant Wheel Group Holdings LLC. (Attachments: #1 Proposed Order) (Arledge, Christopher)
February 3, 2017 Filing 274 REPLY in Support of NOTICE OF MOTION AND MOTION for Reconsideration re Order #259 , Minutes of In Chambers Order/Directive - no proceeding held #258 SEEKING HARMONIZATION OF THE ORDERS AT DKTS. 258 AND 259 #260 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Robinson, William)
February 1, 2017 Filing 273 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION to Bifurcate Trial as to Plaintiffs' Trade Dress Claims against Defendant CIA Wheel Group #220 . The Motion Hearing previously scheduled for 2/6/2017 @ 8:30 AM has been rescheduled. Motion Hearing set for 2/16/2017 @ 10:00 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
January 31, 2017 Filing 272 SEALED DOCUMENT Exhibit 2 to the Declaration of Peter R. Afrasiabi in support of Opposition to Plaintiffs' Motion for Reconsideration/Clarification of Court Orders at Dkt. Nos. 258 and 259 (Part 1) re Objection/Opposition (Motion related), #268 , Order on Motion for Leave to File Document Under Seal, #271 filed by Defendant Wheel Group Holdings LLC. (Attachments: #1 Unredacted Document Exhibit 2 to Declaration of Peter Afrasiabi (Part 2))(Afrasiabi, Peter)
January 31, 2017 Opinion or Order Filing 271 ORDER by Judge David O. Carter: Granting #269 Application to file document Exhibit 2 to the Declaration of Peter R. Afrasiabi in support of Opposition to Plaintiffs' Motion for Reconsideration/Clarification of Court Orders at Dkt. Nos. 258 and 259 under seal (mba)
January 30, 2017 Filing 270 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit 2 to the Declaration of Peter R. Afrasiabi in support of Opposition to Plaintiffs' Motion for Reconsideration/Clarification of Court Orders at Dkt. Nos. 258 and 259 under seal #269 filed by Defendant Wheel Group Holdings LLC. (Attachments: #1 Unredacted Document Exhibit 2 - Part 1 of 2, #2 Unredacted Document Exhibit 2 - Part 2 of 2, #3 Proof of Service)(Afrasiabi, Peter)
January 30, 2017 Filing 269 APPLICATION to file document Exhibit 2 to the Declaration of Peter R. Afrasiabi in support of Opposition to Plaintiffs' Motion for Reconsideration/Clarification of Court Orders at Dkt. Nos. 258 and 259 under seal filed by Defendant Wheel Group Holdings LLC. (Attachments: #1 Proposed Order, #2 Redacted Document - Exhibit 2)(Afrasiabi, Peter)
January 30, 2017 Filing 268 OPPOSITION re: NOTICE OF MOTION AND MOTION for Reconsideration re Order #259 , Minutes of In Chambers Order/Directive - no proceeding held #258 SEEKING HARMONIZATION OF THE ORDERS AT DKTS. 258 AND 259 #260 filed by Defendant Wheel Group Holdings LLC. (Attachments: #1 Declaration of Peter R. Afrasiabi, #2 Exhibit 1 to Afrasiabi Declaration, #3 Exhibit 2 to Afrasiabi Declaration)(Afrasiabi, Peter)
January 27, 2017 Opinion or Order Filing 267 ORDER Re: Special Master's Report and Recommendation to the Court Re: Plaintiff's Motion to Compel Further Responses by Judge David O. Carter. (see document for details). (dro)
January 25, 2017 Opinion or Order Filing 266 MINUTES (IN CHAMBERS) ORDER ACCELERATING BREIFING SCHEDULE FOR MOTION FORRECONSIDERATION #260 , by Judge David O. Carter. (see document for details). (dro)
January 25, 2017 Opinion or Order Filing 265 ORDER by Judge David O. Carter granting #261 APPLICATION for Order for Deposition of Masaaki Ohara at US Consulate in Osaka, Japan. (see document for details). (dro)
January 24, 2017 Filing 264 OBJECTIONS IN OPPOSITION re: APPLICATION for Order for Deposition of Masaaki Ohara at U.S. Consulate in Osaka, Japan pursuant to Order, Dkt. No. 258 #261 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Ciardullo, Jean-Paul)
January 23, 2017 Filing 263 REPORT AND RECOMMENDATIONS REPORT of SPECIAL MASTER'S REPORT AND RECOMMENDATIONS TO THE COURT RE PLAINTIFF'S MOTION TO COMPEL FURTHER DISCOVERY ON ISSUE OF SUCCESSOR LIABILITY filed by Special Master James P Gray. (Gray, James)
January 23, 2017 Opinion or Order Filing 262 MINUTES (IN CHAMBERS) ORDER Re: the Effect of Stipulation and Injunction by Judge David O. Carter. For the above explained reasons, the Court finds that the Doublestar Defendants are barred from arguing that the OPMT trade dress is invalid in this action. (see document for details). (dro)
January 20, 2017 Filing 261 APPLICATION for Order for Deposition of Masaaki Ohara at U.S. Consulate in Osaka, Japan pursuant to Order, Dkt. No. 258 filed by defendant Wheel Group Holdings LLC. (Attachments: #1 Proposed Order) (Arledge, Christopher)
January 19, 2017 Filing 260 NOTICE OF MOTION AND MOTION for Reconsideration re Order #259 , Minutes of In Chambers Order/Directive - no proceeding held #258 SEEKING HARMONIZATION OF THE ORDERS AT DKTS. 258 AND 259 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. Motion set for hearing on 2/27/2017 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order) (Ciardullo, Jean-Paul)
January 13, 2017 Opinion or Order Filing 259 ORDER RE SPECIAL MASTER'S REPORT AND RECOMMENDATIONS TO THE COURT by Judge David O. Carter (mt)
January 13, 2017 Filing 258 MINUTE IN CHAMBERS by Judge David O. Carter: Order Re Special Master's Report and Recommendation #250 . (mt)
January 13, 2017 Filing 257 RESPONSE filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.to Objection, #254 Concerning the Ohara Deposition Request (Attachments: #1 Declaration of William J. Robinson, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15)(Robinson, William)
January 13, 2017 Filing 256 Joint STIPULATION for Order FOR BRIEFING OF CIA WHEEL GROUP AND WHEEL GROUP HOLDINGS' OBJECTIONS TO THE SPECIAL MASTER'S REPORT AND RECOMMENDATIONS filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
January 6, 2017 Filing 255 REPORT AND RECOMMENDATIONS REPORT of SPECIAL MASTER'S REPORT AND RECOMMENDATIONS TO THE COURT RE PLAINTIFF'S MOTION TO COMPEL COMPLIANCE WITH THIRD PARTY SEIDLER DEPOSITION SUBPOENA filed by Special Master James P Gray. (Gray, James)
January 5, 2017 Filing 254 OBJECTIONS to Report #250 filed by Defendants CIA Wheel Group, Wheel Group Holdings LLC. (Attachments: #1 Declaration of Christopher W. Arledge, #2 Exhibit 1 to Arledge Declaration, #3 Exhibit 2 to Arledge Declaration, #4 Exhibit 3 to Arledge Declaration, #5 Exhibit 4 to Arledge Declaration)(Arledge, Christopher)
January 4, 2017 Filing 253 REPORT AND RECOMMENDATIONS REPORT of SPECIAL MASTER'S REPORT AND RECOMMENDATIONS TO THE COURT RE PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES filed by Special Master James P Gray. (Gray, James)
December 27, 2016 Filing 252 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/26/2016 Status re Transcript #251 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gale, Debbie) TEXT ONLY ENTRY
December 27, 2016 Filing 251 TRANSCRIPT for proceedings held on 10/26/2016 Status. ****Transcript may only be viewed at the court public terminal or purchased through Court Reporter DEBBIE GALE ---WEBSITE: www.debbiegale.com/ telephone 714-558-8141/ EMAIL: DebbieGaleCSR@gmail.com --- before the deadlinefor Release of Transcript restriction. After that date, it may be obtained from the Court Reporter or through PACER.ADDITIONAL FORMATS of the transcript (ASCII, Condensed, and Word Indexing/Concordance) are also available forpurchase at any time through the Court Reporter. Notice of Intent to Redact due within 7 days of this date.*** Redaction Request due 1/17/2017. Redacted Transcript Deadline set for 1/27/2017. Release of Transcript Restriction set for 3/27/2017. (Gale, Debbie)
December 27, 2016 Filing 250 REPORT AND RECOMMENDATIONS REPORT of SPECIAL MASTER'S REPORT AND RECOMMENDATIONS TO THE COURT RE OHARA DEPOSITION REQUEST filed by Special Master James P Gray. (Gray, James)
December 22, 2016 Filing 249 REPLY filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp. to Brief (non-motion non-appeal),, #239 on Questions Posed by the Court (Attachments: #1 Declaration of William J. Robinson, #2 Exhibit 9, #3 Exhibit 10, #4 Declaration of Jianing Yu, #5 Exhibit A)(Ciardullo, Jean-Paul)
December 21, 2016 Filing 248 SPECIAL MASTER'S REPORT AND RECOMMENDATIONS TO THE COURT REPORT of SPECIAL MASTER'S REPORT AND RECOMMENDATIONS TO THE COURT filed by Special Master James P Gray. (Gray, James)
December 19, 2016 Filing 247 MINUTES OF Status Conference held before Judge David O. Carter: Parties are to meet and confer with Special Master Honorable James Gray re discovery issues. Court Reporter: Debbie Gale; Plaintiff Attorney: William J. Robinson, Jean-Paul Ciardullo; Defendant Attorney: Peter Afrasiabi. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo)
December 16, 2016 Filing 246 STATUS REPORT Concerning Wheel Group Holdings Discovery filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Attachments: #1 Exhibit 1)(Ciardullo, Jean-Paul)
December 14, 2016 Filing 245 Notice of Appearance or Withdrawal of Counsel: for attorney Henry Louis Whitehead counsel for Defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd, Counter Claimants Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. Adding Henry L. Whitehead as counsel of record for Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co., Ltd., and Doublestar Group Corp. for the reason indicated in the G-123 Notice. Filed by defendants Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co., Ltd., and Doublestar Group Corp.. (Attorney Henry Louis Whitehead added to party Doublestar Dong Feng Tyre Co., Ltd.(pty:dft), Attorney Henry Louis Whitehead added to party Doublestar Group Corp(pty:cc), Attorney Henry Louis Whitehead added to party Doublestar Group Corp(pty:dft), Attorney Henry Louis Whitehead added to party Qingdao Doublestar Tire Industrial Co, Ltd(pty:cc), Attorney Henry Louis Whitehead added to party Qingdao Doublestar Tire Industrial Co, Ltd(pty:dft))(Whitehead, Henry)
December 13, 2016 Filing 244 OPPOSITION Toyo's Opening Brief re Effect of Stipulation and Judgment in 14-54 Case Revised on 12/13/16 to 26 pages by agreement of the parties filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. (Attachments: #1 Declaration Amended Declaration of Felix Woo In Support of Doublestar Response Brief re Effect of Stipulation and Judgment, #2 Exhibit Ex A - Jianhan Wang Declaration, #3 Exhibit Ex B - Frank Wu Declaration, #4 Exhibit Ex C - AMP MT and OPMT tire pictures, #5 Exhibit Ex D - Excerpts from Frank Wu Deposition, #6 Exhibit Ex E - Doublestar Opposition to Renewed Motion for Contempt from 14-54 Case)(Woo, Felix)
December 13, 2016 Filing 243 TRANSCRIPT ORDER as to Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation) for Court Reporter. Court will contact Lian Saptoro at lsaptoro@foley.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Robinson, William)
December 12, 2016 Filing 242 OPPOSITION to Toyo's Opening Brief re Effect of Stipulation and Judgment in 14-54 Case filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. (Attachments: #1 Declaration Declaration of Felix T Woo, #2 Exhibit Ex A to Woo Decl - Declaration of Jianhan Wang, #3 Exhibit Ex B to Woo Decl - Declaration of Frank Wu, #4 Exhibit Ex C to Woo Decl - Pictures of Tires, #5 Exhibit Ex D to Woo Decl - Excerpts of Frank Wu Depo)(Woo, Felix)
December 12, 2016 Filing 241 Response BRIEF filed by Defendants CIA Wheel Group, Wheel Group Holdings LLC. to Plaintiffs Brief On The Questions Posed By The Court Concerning The Effect Of The Doublestar Stipulation And Injunction regarding Brief (non-motion non-appeal),, #239 . (Afrasiabi, Peter)
November 22, 2016 Opinion or Order Filing 240 ORDER by Judge David O. Carter granting #238 Non-Resident Attorney Craig S. Fochler APPLICATION to Appear Pro Hac Vice on behalf of plaintiffs TOYO TIRE & RUBBER CO., LTD. and TOYO TIRE U.S.A. CORP, designating William J. Robinson as local counsel. (dro)
November 21, 2016 Filing 239 BRIEF filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). On The Questions Posed by The Court Concerning the Effect of Doublestar Stipulation and Injunction regarding Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines/Hearings, #230 . (Attachments: #1 Declaration of William J. Robinson, #2 Exhibit 1 of Robinson Decl, #3 Exhibit 2 of Robinson Decl, #4 Exhibit 3 of of Robinson Decl, #5 Exhibit 4 of Robinson Decl, #6 Exhibit 5 of Robinson Decl, #7 Exhibit 6 of Robinson Decl, #8 Exhibit 7 of Robinson Decl, #9 Exhibit 8 of Robinson Decl)(Robinson, William)
November 18, 2016 Filing 238 Corrected APPLICATION of Non-Resident Attorney Craig S. Fochler to Appear Pro Hac Vice on behalf of Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp. (Pro Hac Vice Fee - $325 Previously Paid on 11/16/2016, Receipt No. 097318903402) filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Robinson, William)
November 18, 2016 Filing 237 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Craig S. Fochler to Appear Pro Hac Vice on behalf of Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Cor #235 by Judge David O. Carter. The document is stricken. Counsel shall consult the error(s) noted in the Notice of Deficiency #236 and re-file. (lwag)
November 16, 2016 Filing 236 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Craig S. Fochler to Appear Pro Hac Vice on behalf of Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Cor #235 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Proposed Order is not current version. Forms were updated June 2016. (lt)
November 16, 2016 Filing 235 **STRICKEN PER DOCKET ENTRY #237** APPLICATION of Non-Resident Attorney Craig S. Fochler to Appear Pro Hac Vice on behalf of Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18903402) filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Robinson, William) Modified on 11/18/2016 (lwag).
November 9, 2016 Opinion or Order Filing 234 MINUTES (IN CHAMBERS) ORDER by Judge David O. Carter denying #221 APPLICATION for Default Judgment. For the reasons explained above, the Court DENIES WITHOUT PREJUDICE Plaintiff's Application for Default Judgment, to be renewed at the conclusion of the case on the merits. (see document for details). (dro)
November 7, 2016 Filing 233 SCHEDULING NOTICE by Judge David O. Carter re: APPLICATION for Default Judgment against Defendants Hong Kong Tri-Ace Co., Ltd. and Jinlin Ma #221 . The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 11/14/2016 is removed from the calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
October 31, 2016 Filing 232 PROOF OF SERVICE filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation), re Notice (Other), #231 OF FAILURE TO FILE REQUIRED DOCUMENTS BY DEFENDANTS HONG KONG TRI-ACE CO., LTD., AND JINLIN MA IN CONNECTION WITH APPLICATION FOR DEFAULT JUDGMENT served on 10/31/2016. (Robinson, William)
October 31, 2016 Filing 231 NOTICE filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). re Failure to File Required Documents by Defendants Hong Kong Tri-Ace Co., Ltd., and Jinlin Ma in Connection with Application for Default Judgment (Robinson, William)
October 27, 2016 Opinion or Order Filing 230 MINUTE (IN CHAMBERS) Order Vacating Hearing, Requesting Briefing and Setting New Dates by Judge David O. Carter: The Court held a status conference with the parties on October 26, 2016 at 8:30 a.m. Pursuant to that conference, the Court takes three actions. See document for further dates and information. (lwag)
October 26, 2016 Filing 229 MINUTES OF Status Conference held before Judge David O. Carter: The court will issue an order re consolidation and pretrial and trial dates. Court Reporter: Debbie Gale; Plaintiff Attorney: Jean-Paul Ciardullo, William J. Robinson; Defendant Attorney: Peter R. Afrasiabi, Felix T. Woo. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo)
October 24, 2016 Filing 228 NOTICE OF RULING ON MOTION FOR CONTEMPT IN CONNECTION WITH CIA WHEEL GROUP'S MOTION TO BIFURCATE THE TRIAL filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). (Attachments: #1 Exhibit A)(Robinson, William)
October 24, 2016 Filing 227 REPLY in support of NOTICE OF MOTION AND MOTION to Bifurcate Trial as to Plaintiffs' Trade Dress Claims against Defendant CIA Wheel Group #220 filed by Defendant CIA Wheel Group. (Magnuson, Molly)
October 21, 2016 Filing 226 SCHEDULING NOTICE by Judge David O. Carter: Status Conference set for 10/26/2016 @ 8:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
October 18, 2016 Filing 225 Notice of Appearance or Withdrawal of Counsel: for attorney Judith Shophet Sidkoff counsel for Defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd, Counter Claimants Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. Adding Judith Shophet Sidkoff as counsel of record for Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co., Ltd., and Doublestar Group Corp. for the reason indicated in the G-123 Notice. Filed by defendants Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co., Ltd. and Doublestar Group Corp.. (Attorney Judith Shophet Sidkoff added to party Doublestar Dong Feng Tyre Co., Ltd.(pty:dft), Attorney Judith Shophet Sidkoff added to party Doublestar Group Corp(pty:cc), Attorney Judith Shophet Sidkoff added to party Doublestar Group Corp(pty:dft), Attorney Judith Shophet Sidkoff added to party Qingdao Doublestar Tire Industrial Co, Ltd(pty:cc), Attorney Judith Shophet Sidkoff added to party Qingdao Doublestar Tire Industrial Co, Ltd(pty:dft))(Sidkoff, Judith)
October 17, 2016 Filing 224 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Bifurcate Trial as to Plaintiffs' Trade Dress Claims against Defendant CIA Wheel Group #220 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Attachments: #1 Declaration of William J. Robinson, #2 Exhibit 1 of Robinson Decl., #3 Exhibit 2 of Robinson Decl., #4 Exhibit 3 of Robinson Decl., #5 Exhibit 4 of Robinson Decl., #6 Exhibit 5 of Robinson Decl., #7 Exhibit 6 of Robinson Decl., #8 Exhibit 7 of Robinson Decl., #9 Exhibit 8 of Robinson Decl., #10 Exhibit 9 of Robinson Decl., #11 Exhibit 10 of Robinson Decl., #12 Exhibit 11 of Robinson Decl., #13 Exhibit 12 of Robinson Decl., #14 Exhibit 13 of Robinson Decl., #15 Exhibit 14 of Robinson Decl., #16 Exhibit 15 of Robinson Decl.)(Robinson, William)
October 17, 2016 Filing 223 PROOF OF SERVICE filed by Plaintiff Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation), re Exhibit to Motion, #222 served on October 17, 2016. (Robinson, William)
October 17, 2016 Filing 222 EXHIBIT 4 to APPLICATION for Default Judgment against Defendants Hong Kong Tri-Ace Co., Ltd. and Jinlin Ma #221 [CORRECTED] filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Attachments: #1 Exhibit 4 to Robinson Decl)(Robinson, William)
October 14, 2016 Filing 221 APPLICATION for Default Judgment against Defendants Hong Kong Tri-Ace Co., Ltd. and Jinlin Ma filed by Plaintiff Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). Application set for hearing on 11/14/2016 at 08:30 PM before Judge David O. Carter. (Attachments: #1 Declaration of William J. Robinson, #2 Exhibit 1 to Robinson Decl, #3 Exhibit 2 to Robinson Decl, #4 Exhibit 3 to Robinson Decl, #5 Exhibit 4 to Robinson Decl, #6 Proposed Order, #7 Proof of Service) (Robinson, William)
October 3, 2016 Filing 220 NOTICE OF MOTION AND MOTION to Bifurcate Trial as to Plaintiffs' Trade Dress Claims against Defendant CIA Wheel Group filed by defendant CIA Wheel Group. Motion set for hearing on 11/7/2016 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Molly J. Magnuson, #3 Exhibit 1 to Magnuson Declaration, #4 Exhibit 2 to Magnuson Declaration, #5 Exhibit 3 to Magnuson Declaration, #6 Proposed Order) (Afrasiabi, Peter)
September 19, 2016 Filing 219 NOTICE OF FILING TRANSCRIPT filed for proceedings 9/12/2016 re Transcript #218 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (at) TEXT ONLY ENTRY
September 19, 2016 Filing 218 TRANSCRIPT for proceedings held on 9/12/2016. Court Reporter/Electronic Court Recorder: JAMS CERTIFIED TRANSCRIPTION, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/11/2016. Redacted Transcript Deadline set for 10/20/2016. Release of Transcript Restriction set for 12/19/2016. (at)
September 15, 2016 Opinion or Order Filing 217 ORDER by Judge David O. Carter denying #158 for Summary Judgment. (see document for details). (dro)
September 13, 2016 Filing 216 Notice of Appearance or Withdrawal of Counsel: for attorney Molly J Magnuson counsel for Cross Claimants CIA Wheel Group, CIA Wheel Group, Counter Claimant CIA Wheel Group, Defendant CIA Wheel Group. Adding Molly J. Magnuson as counsel of record for CIA Wheel Group for the reason indicated in the G-123 Notice. Filed by Defendant/Counterclaimant/Cross-Claimant CIA Wheel Group. (Attorney Molly J Magnuson added to party CIA Wheel Group(pty:crc), Attorney Molly J Magnuson added to party CIA Wheel Group(pty:cc), Attorney Molly J Magnuson added to party CIA Wheel Group(pty:dft), Attorney Molly J Magnuson added to party CIA Wheel Group(pty:crc))(Magnuson, Molly)
September 13, 2016 Filing 215 TRANSCRIPT ORDER for Court Smart (CS). 9/12/16. Court will contact Kelley Evans kelley.evans@akerman.com Transcript preparation will not begin until payment has been satisfied with the court recorder. (ha)
September 12, 2016 Filing 214 MINUTES OF Motion Hearing held before Judge David O. Carter re MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim filed by defendant CIA Wheel Group #158 . Hearing held. Court to issue a final order. Court Reporter: CourtSmart; Plaintiff Attorney: William J. Robinson; Defendant Attorney: Christine Hwang Yang, Felix T. Woo. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo)
September 12, 2016 Filing 213 PROOF OF SERVICE filed by defendant CIA Wheel Group, re Sealed Document, #212 , Sealed Document, #211 served on September 12, 2016. (Afrasiabi, Peter)
September 12, 2016 Filing 212 SEALED DOCUMENT Missing Pages from Exhibit J to Declaration of Peter R. Afrasiabi re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 , Order on Motion for Leave to File Document Under Seal, #170 filed by Defendant CIA Wheel Group.(Afrasiabi, Peter)
September 12, 2016 Filing 211 SEALED DOCUMENT Missing Pages from Exhibit B to Declaration of Peter R. Afrasiabi re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 , Order on Motion for Leave to File Document Under Seal, #170 filed by Defendant CIA Wheel Group.(Afrasiabi, Peter)
September 12, 2016 Filing 210 NOTICE OF ERRATA filed by Defendant CIA Wheel Group. correcting Sealed Document,,,,, #173 Exhibits B and J to Declaration of Peter R. Afrasiabi in support of CIA Wheel Group's Motion for Summary Judgment (Afrasiabi, Peter)
September 7, 2016 Filing 209 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 . The Motion Hearing previously scheduled for 9/12/2016 @ 8:30 AM has been rescheduled. Motion Hearing RESCHEDULED for 9/12/2016 @ 12:00 PM **TIME CHANGE ONLY** before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
September 6, 2016 Filing 208 Notice of Appearance or Withdrawal of Counsel: for attorney Victor De Gyarfas counsel for Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. Adding Victor de Gyarfas as counsel of record for TOYO TIRE & RUBBER CO., LTD. and TOYO TIRE U.S.A. CORP. for the reason indicated in the G-123 Notice. Filed by Plaintiffs TOYO TIRE & RUBBER CO., LTD. and TOYO TIRE U.S.A. CORP.. (Attorney Victor De Gyarfas added to party Toyo Tire & Rubber Co., Ltd(pty:pla), Attorney Victor De Gyarfas added to party Toyo Tire & Rubber Co., Ltd(pty:cd), Attorney Victor De Gyarfas added to party Toyo Tire & Rubber Co., Ltd(pty:cd), Attorney Victor De Gyarfas added to party Toyo Tire U.S.A. Corp.(pty:cd), Attorney Victor De Gyarfas added to party Toyo Tire U.S.A. Corp.(pty:pla), Attorney Victor De Gyarfas added to party Toyo Tire U.S.A. Corp.(pty:cd))(De Gyarfas, Victor)
September 2, 2016 Filing 207 SEALED DOCUMENT Exhibits to Declaration of Peter R. Afrasiabi re Reply (Motion related), #195 , Order on Motion for Leave to File Document Under Seal,, #202 filed by Defendant CIA Wheel Group. (Attachments: #1 Exhibit ZZZ, #2 Exhibit AAAA, #3 Exhibit BBBB, #4 Exhibit EEEE)(Afrasiabi, Peter)
September 2, 2016 Filing 206 SEALED REPLY RE NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 , Order on Motion for Leave to File Document Under Seal,, #202 filed by Defendant CIA Wheel Group.(Afrasiabi, Peter)
September 1, 2016 Filing 205 [CORRECTED] PLAINTIFFS' RESPONSE TO CIA WHEEL GROUP'S OBJECTIONS (DKT.197) TO THE DECLARATION OF LARRY CHIAGOURIS, PH.D. IN RE CIA'S MOTION FOR SUMMARY JUDGMENT (DKT. 158) re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Robinson, William)
September 1, 2016 Filing 204 PLAINTIFFS RESPONSE TO CIA'S MOTION FOR SUMMARY JUDGMENT (DKT.158) re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Robinson, William)
September 1, 2016 Filing 203 PLAINTIFFS' RESPONSE TO CIA WHEEL GROUP'S EVIDENTIARY OBJECTIONS (DKT. 197) TO THE DECLARATION OF MASAAKI OHARA IN RE CIA'S MOTION FOR SUMMARY JUDGMENT (DKT.158) re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Attachments: #1 Declaration of William J. Robinson, #2 Exhibit 1 to Robinson Decl, #3 Exhibit 2 to Robinson Decl, #4 Exhibit 3 to Robinson Decl, #5 Exhibit 4 to Robinson Decl, #6 Exhibit 5 to Robinson Decl, #7 Exhibit 6 to Robinson Decl)(Robinson, William)
August 30, 2016 Opinion or Order Filing 202 ORDER Filing Certain Documents Under Seal Re: Defendant CIA Wheel Group's Motion for Summary Judgment Pursuant to Local Rule 79-5 #198 by Judge David O. Carter: Based on the concurrently filed Application to File Under Seal, and good cause appearing for the entry thereof, IT IS HEREBY ORDERED that the following documents are to be filed under seal pursuant to Local Rule 79-5 and the Protective Order: Reply in Support of Defendant CIA Wheel Group's Motion for Summary Judgment on Trade Dress Claim (Functionality and Generieness (unredacted version); Exhibits ZZZ, AAAA, BBBB and EEEE to the Declaration of Peter Afrasiabi in support of Reply re: Defendant CIA Wheel Group's Motion for Summary Judgment. (lwag)
August 30, 2016 Filing 201 NOTICE OF ERRATA RE DKT. 200 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). (Robinson, William)
August 29, 2016 Filing 200 RESPONSE filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.to Joinder (Motion Related), #168 (Robinson, William)
August 29, 2016 Filing 199 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Unredacted Reply in Support of CIA's MSJ, Exhibits ZZZ, AAAA, BBBB and EEEE to the Afrasiabi Reply Declaration) under seal #198 filed by Defendant CIA Wheel Group. (Attachments: #1 Unredacted Document Reply in Support of Defendant CIA Wheel Group's MSJ, #2 Unredacted Document Exhibit ZZZ to Afrasiabi Reply Declaration, #3 Unredacted Document Exhibit AAAA to Afrasiabi Reply Declaration, #4 Unredacted Document Exhibit BBBB to Afrasiabi Reply Declaration, #5 Unredacted Document Exhibit EEEE to Afrasiabi Reply Declaration, #6 Certificate of Service)(Afrasiabi, Peter)
August 29, 2016 Filing 198 APPLICATION to file document (Unredacted Reply in Support of CIA's MSJ, Exhibits ZZZ, AAAA, BBBB and EEEE to the Afrasiabi Reply Declaration) under seal filed by Defendant CIA Wheel Group. (Attachments: #1 Proposed Order, #2 Redacted Document Reply in Support of Defendant CIA Wheel Group's Motion for Summary Judgment)(Afrasiabi, Peter)
August 29, 2016 Filing 197 OBJECTIONS to Sealed Document,, #192 , Response in Opposition to Motion,,,,,, #186 Objections to the Declaration of Masaaki Ohara filed by Defendant CIA Wheel Group. (Afrasiabi, Peter)
August 29, 2016 Filing 196 OBJECTIONS to Response in Opposition to Motion,,,,,, #186 Objections to the Larry of Larry Chiagouris, Ph.D. filed by Defendant CIA Wheel Group. (Afrasiabi, Peter)
August 29, 2016 Filing 195 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 (Redacted) filed by Defendant CIA Wheel Group. (Attachments: #1 Declaration of Peter Afrasiabi in Support of Reply, #2 Exhibit CCCC, #3 Exhibit DDDD, #4 Exhibit FFFF, #5 Exhibit GGGG)(Afrasiabi, Peter)
August 25, 2016 Filing 194 NOTICE OF ERRATA filed by Defendant CIA Wheel Group. correcting NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 (Attachments: #1 Exhibit D-67 to Afrasiabi Declaration in Support of Defendant CIA Wheel Group's Motion for Summary Judgment)(Afrasiabi, Peter)
August 25, 2016 Filing 193 NOTICE OF ERRATA CONCERNING DKT. 190 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). (Robinson, William)
August 23, 2016 Filing 192 SEALED DOCUMENT re Order on Motion for Leave to File Document Under Seal, #191 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Attachments: #1 Declaration of Ohara, #2 Exhibit 1 to Robinson Declaration (portions), #3 Exhibit 2 to Robinson Declaration (portions), #4 Exhibit 6 to Robinson Declaration (portions), #5 Exhibit 7 to Robinson Declaration (all), #6 Exhibit 8 to Robinson Declaration (all), #7 Exhibit 12 to Robinson Declaration (all))(Robinson, William)
August 23, 2016 Opinion or Order Filing 191 ORDER on Application to File Under Seal #183 by Judge David O. Carter: The Court HEREBY ORDERS THAT the following portions of Toyo's Opposition to CIA Wheel Group's ("CIA") Motion for Summary Judgment shall be filed under seal: Redactions in the Brief; Ohara Declaration; Robinson Decl. Exs. 7,8 and 12(all); Robinson Decl. Ex. 1 @ 194:23-24; Robinson Decl. Ex. 2 @ 29:6-12; and Robinson Decl. Ex. 6 @ 23:11-26:8; 85:11-25. (lwag)
August 23, 2016 Filing 190 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Sealed Declaration in SupportDeclaration, #185 . The following error(s) was found: Incorrect document is attached to the docket entry.Other error(s) with document(s) are specified below: The Entry says the document is a Sealed Declaration, but the attachment is a Proof of Service. Please see Local Rule 79-5.2.2.. 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. (lwag)
August 23, 2016 Filing 189 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION to file document Opposition to CIA MSJ; Ohara Decl.; Exhibits to Robinson Decl under seal #183 . The following error(s) was found: Other error(s) with document(s) are specified below: The Redacted Versions of the Under Seal Documents are missing. Please see Local Rule 79-5.2.2.. 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. (lwag)
August 22, 2016 Filing 188 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 PLTFS' RESPONSE TO CIA'S STMT OF UNCONTROVERTED FACTS IN RE MSJ filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Robinson, William)
August 22, 2016 Filing 187 STATEMENT of Genuine Issues in Support of Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Robinson, William)
August 22, 2016 Filing 186 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Attachments: #1 Declaration of L. Chiagouris ISO Opp to MSJ, #2 Declaration of C. Patrick ISO Opp to MSJ, #3 Declaration of William J. Robinson ISO Opp to MSJ, #4 Exhibit 1 of Robinson Decl., #5 Exhibit 2 of Robinson Decl., #6 Exhibit 3 of Robinson Decl., #7 Exhibit 4 of Robinson Decl., #8 Exhibit 5 of Robinson Decl., #9 Exhibit 6 of Robinson Decl., #10 Exhibit 7 of Robinson Decl., #11 Exhibit 8 of Robinson Decl., #12 Exhibit 9 of Robinson Decl., #13 Exhibit 10 of Robinson Decl., #14 Exhibit 11 of Robinson Decl., #15 Exhibit 12 of Robinson Decl., #16 Exhibit 13 of Robinson Decl., #17 Exhibit 14 of Robinson Decl., #18 Exhibit 15 of Robinson Decl., #19 Exhibit 16 of Robinson Decl., #20 Exhibit 17 of Robinson Decl., #21 Exhibit 18 of Robinson Decl., #22 Exhibit 19 of Robinson Decl., #23 Exhibit 20 of Robinson Decl., #24 Exhibit 21 of Robinson Decl., #25 Exhibit 22 of Robinson Decl., #26 Exhibit 23 of Robinson Decl., #27 Exhibit 24 of Robinson Decl., #28 Exhibit 25 of Robinson Decl., #29 Exhibit 26 of Robinson Decl., #30 Exhibit 27 of Robinson Decl., #31 Exhibit 28 of Robinson Decl., #32 Exhibit 29 of Robinson Decl.)(Robinson, William)
August 22, 2016 Filing 185 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Opposition to CIA MSJ; Ohara Decl.; Exhibits to Robinson Decl under seal #183 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp..(Robinson, William)
August 22, 2016 Filing 184 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Opposition to CIA MSJ; Ohara Decl.; Exhibits to Robinson Decl under seal #183 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Attachments: #1 Exhibit 1 - A. Coleman (Excerpts), #2 Exhibit 2 - A. Coleman (Excerpts), #3 Exhibit 6 - D. Dayton (Excerpts), #4 Exhibit 7 - Ohara (Excerpts), #5 Exhibit 8- Ohara (Excerpts), #6 Exhibit 12 - Takahashi (Excerpts), #7 Declaration of Ohara, #8 Unredacted Document Toyo Opp to CIA MSJ)(Robinson, William)
August 22, 2016 Filing 183 APPLICATION to file document Opposition to CIA MSJ; Ohara Decl.; Exhibits to Robinson Decl under seal filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Attachments: #1 Proposed Order)(Robinson, William)
August 19, 2016 Filing 182 EXHIBIT Filed filed by Defendant CIA Wheel Group. Exhibit M-288 to Declaration of Peter R. Afrasiabi as to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 . (Afrasiabi, Peter)
August 19, 2016 Filing 181 EXHIBIT Filed filed by Defendant CIA Wheel Group. Exhibit M-287 to Declaration of Peter R. Afrasiabi as to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 . (Afrasiabi, Peter)
August 19, 2016 Filing 180 EXHIBIT Filed filed by Defendant CIA Wheel Group. Exhibit M-286 to Declaration of Peter R. Afrasiabi as to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 . (Afrasiabi, Peter)
August 19, 2016 Filing 179 EXHIBIT Filed filed by Defendant CIA Wheel Group. Exhibit M-95 to Declaration of Peter R. Afrasiabi as to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 . (Afrasiabi, Peter)
August 19, 2016 Filing 178 EXHIBIT Filed filed by Defendant CIA Wheel Group. Exhibit M to Declaration of Peter R. Afrasiabi as to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 . (Afrasiabi, Peter)
August 19, 2016 Filing 177 EXHIBIT Filed filed by Defendant CIA Wheel Group. Exhibit L to Declaration of Peter R. Afrasiabi as to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 . (Afrasiabi, Peter)
August 19, 2016 Filing 176 EXHIBIT Filed filed by Defendant CIA Wheel Group. Exhibit H to Declaration of Peter R. Afrasiabi as to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 . (Afrasiabi, Peter)
August 19, 2016 Filing 175 EXHIBIT Filed filed by Defendant CIA Wheel Group. Exhibit G to Declaration of Peter R. Afrasiabi as to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 . (Afrasiabi, Peter)
August 19, 2016 Filing 174 SEALED DOCUMENT Patent Functionality Chart re Geometry of Tread re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 , Order on Motion for Leave to File Document Under Seal, #170 filed by Defendant CIA Wheel Group.(Afrasiabi, Peter)
August 19, 2016 Filing 173 SEALED DOCUMENT Exhibits to Declaration of Peter R. Afrasiabi re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 , Order on Motion for Leave to File Document Under Seal, #170 filed by Defendant CIA Wheel Group. (Attachments: #1 Exhibit A, #2 Exhibit A-111, #3 Exhibit A-112, #4 Exhibit A-113, #5 Exhibit A-114, #6 Exhibit A-115, #7 Exhibit A-116, #8 Exhibit A-117, #9 Exhibit A-118, #10 Exhibit AA, #11 Exhibit B, #12 Exhibit BB, #13 Exhibit C, #14 Exhibit CC, #15 Exhibit D, #16 Exhibit D-74, #17 Exhibit D-76, #18 Exhibit D-84, #19 Exhibit DD, #20 Exhibit E, #21 Exhibit E-93, #22 Exhibit EE, #23 Exhibit F, #24 Exhibit I, #25 Exhibit I-111 (Part 1), #26 Exhibit I-111 (Part 2), #27 Exhibit J, #28 Exhibit J-25, #29 Exhibit K, #30 Exhibit K-37, #31 Exhibit K-40, #32 Exhibit K-48, #33 Exhibit K-52, #34 Exhibit M-97, #35 Exhibit O, #36 Exhibit P, #37 Exhibit Q, #38 Exhibit R, #39 Exhibit S, #40 Exhibit T, #41 Exhibit U, #42 Exhibit V, #43 Exhibit W, #44 Exhibit X, #45 Exhibit Y, #46 Exhibit Z)(Afrasiabi, Peter)
August 19, 2016 Filing 172 SEALED DOCUMENT Statement of Uncontroverted Facts and Conclusions of Law (Unredacted) re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 , Order on Motion for Leave to File Document Under Seal, #170 filed by Defendant CIA Wheel Group.(Afrasiabi, Peter)
August 19, 2016 Filing 171 SEALED DOCUMENT Memorandum of Points and Authorities (Unredacted) re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 , Order on Motion for Leave to File Document Under Seal, #170 filed by Defendant CIA Wheel Group.(Afrasiabi, Peter)
August 18, 2016 Filing 170 MINUTES (IN CHAMBERS) by Judge David O. Carter: ORDER GRANTING IN PART DEFENDANTS' MOTION TO FILE DOCUMENTS UNDER SEAL #159 . Based on an examination of the facts, the Court GRANTS IN PART Defendants' Application wand ORDERS that the following documents be filed under seal: (See document for details.) (dv)
August 18, 2016 Opinion or Order Filing 169 MINUTES (IN CHAMBERS) ORDER DENYING PLAINTIFFS' EX PARTE APPLICATION TO STRIKE DEFENDANT WHEEL GROUP'S PATENT FUNCTIONALITY CHARTS (DKTS. 158-1 AND 159-4) AND MEMORANDUM OF POINTS AND AUTHORITIES (DKT. 163) #163 by Judge David O. Carter: The Court is not convinced Plaintiff will suffer irreparable prejudice. The appendices consist largely of pictorial representations of patents and tires, not argument. See (Dkts. 158-1 and 159-4). Further, the inclusion of two single-spaced block quotes will not overwhelm the Plaintiffs. For these reasons, the Court DENIES the Application. (See document for details.) (dv)
August 16, 2016 Filing 168 JOINDER in NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. (Woo, Felix)
August 15, 2016 Filing 167 STATEMENT of in Response re Toyo's Under Seal Demands APPLICATION to file document Memorandum of Points and Authorities, Statement of Uncontroverted Facts and Conclusions of Law, Patent Functionality Chart re Geometry of Tread, and Certain Exhibits to Declaration of Peter Afrasiabi, all in Support of #159 filed by Defendant CIA Wheel Group. (Afrasiabi, Peter)
August 12, 2016 Filing 166 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Memorandum of Points and Authorities, Statement of Uncontroverted Facts and Conclusions of Law, Patent Functionality Chart re Geometry of Tread, and Certain Exhibits to Declaration of Peter Afrasiabi, all in Support of #159 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Attachments: #1 Exhibit F to CIA Summary Judgment Motion, #2 Exhibit J to CIA Summary Judgment Motion)(Ciardullo, Jean-Paul)
August 12, 2016 Filing 165 DECLARATION of William J. Robinson PURSUANT TO L.R. 79 CONCERNING UNDER SEAL DOCUMENTS NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Ciardullo, Jean-Paul)
August 10, 2016 Filing 164 OPPOSITION re: EX PARTE APPLICATION to Strike Deft Patent Functionality Charts [Dkts. 158-1 and 159-4] and Memorandum of Points and Authorities ISO MSJ [Dkt. 158] APPLICATION to file document Memorandum of Points and Authorities, Statement of Uncontroverted #163 filed by Defendant CIA Wheel Group. (Afrasiabi, Peter)
August 9, 2016 Filing 163 EX PARTE APPLICATION to Strike Deft Patent Functionality Charts [Dkts. 158-1 and 159-4] and Memorandum of Points and Authorities ISO MSJ [Dkt. 158] APPLICATION to file document Memorandum of Points and Authorities, Statement of Uncontroverted Facts and Conclusions of Law, Patent Functionality Chart re Geometry of Tread, and Certain Exhibits to Declaration of Peter Afrasiabi, all in Support of #159 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim #158 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Declaration of William J. Robinson, #5 Proposed Order) (Robinson, William)
August 9, 2016 Filing 162 PROOF OF SERVICE filed by defendant CIA Wheel Group, regarding Exhibit LLL to Declaration of Peter Afrasiabi in Support of Motion for Summary Judgment (CD-ROM, Manually Filed) served on August 9, 2016. (Afrasiabi, Peter)
August 9, 2016 Filing 161 NOTICE of Manual Filing filed by Defendant CIA Wheel Group of CD-ROM containing Exhibit LLL (video file) to Declaration of Peter R. Afrasiabi in Support of Defendant CIA Wheel Group's Motion for Summary Judgment. (Afrasiabi, Peter)
August 8, 2016 Filing 160 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Memorandum of Points and Authorities, Statement of Uncontroverted Facts and Conclusions of Law, Patent Functionality Chart re Geometry of Tread, and Certain Exhibits to Declaration of Peter Afrasiabi, all in Support of #159 filed by Defendant CIA Wheel Group. (Attachments: #1 Exhibit A to Declaration, #2 Unredacted Document Memorandum of Points and Authorities in Support of Defendant CIA Wheel Group's Motion for Summary Judgment, #3 Unredacted Document Statement of Uncontroverted Facts and Conclusions of Law in Support of Defendant CIA Wheel Group's Motion for Summary Judgment, #4 Unredacted Document Patent Functionality Chart re Geometry of Tread in Support of Defendant CIA Wheel Group's Motion for Summary Judgment, #5 Unredacted Document Exhibit A to Afrasiabi Declaration, #6 Unredacted Document Exhibit A-111 to Afrasiabi Declaration, #7 Unredacted Document Exhibit A-112 to Afrasiabi Declaration, #8 Unredacted Document Exhibit A-113 to Afrasiabi Declaration, #9 Unredacted Document Exhibit A-114 to Afrasiabi Declaration, #10 Unredacted Document Exhibit A-115 to Afrasiabi Declaration, #11 Unredacted Document Exhibit A-116 to Afrasiabi Declaration, #12 Unredacted Document Exhibit A-117 to Afrasiabi Declaration, #13 Unredacted Document Exhibit A-118 to Afrasiabi Declaration, #14 Unredacted Document Exhibit B to Afrasiabi Declaration, #15 Unredacted Document Exhibit C to Afrasiabi Declaration, #16 Unredacted Document Exhibit D to Afrasiabi Declaration, #17 Unredacted Document Exhibit D-74 to Afrasiabi Declaration, #18 Unredacted Document Exhibit D-76 to Afrasiabi Declaration, #19 Unredacted Document Exhibit D-84 to Afrasiabi Declaration, #20 Unredacted Document Exhibit E to Afrasiabi Declaration, #21 Unredacted Document Exhibit E-93 to Afrasiabi Declaration, #22 Unredacted Document Exhibit F to Afrasiabi Declaration, #23 Unredacted Document Exhibit G to Afrasiabi Declaration, #24 Unredacted Document Exhibit H to Afrasiabi Declaration, #25 Unredacted Document Exhibit I to Afrasiabi Declaration, #26 Unredacted Document Exhibit I-111 to Afrasiabi Declaration (PART 1), #27 Unredacted Document Exhibit I-111 to Afrasiabi Declaration (PART 2), #28 Unredacted Document Exhibit J to Afrasiabi Declaration, #29 Unredacted Document Exhibit J-24 to Afrasiabi Declaration, #30 Unredacted Document Exhibit J-25 to Afrasiabi Declaration, #31 Unredacted Document Exhibit K to Afrasiabi Declaration, #32 Unredacted Document Exhibit K-37 to Afrasiabi Declaration, #33 Unredacted Document Exhibit K-40 to Afrasiabi Declaration, #34 Unredacted Document Exhibit K-48 to Afrasiabi Declaration, #35 Unredacted Document Exhibit K-52 to Afrasiabi Declaration, #36 Unredacted Document Exhibit L to Afrasiabi Declaration, #37 Unredacted Document Exhibit M to Afrasiabi Declaration, #38 Unredacted Document Exhibit M-95 to Afrasiabi Declaration, #39 Unredacted Document Exhibit M-97 to Afrasiabi Declaration, #40 Unredacted Document Exhibit M-286 to Afrasiabi Declaration, #41 Unredacted Document Exhibit M-287 to Afrasiabi Declaration, #42 Unredacted Document Exhibit M-288 to Afrasiabi Declaration, #43 Unredacted Document Exhibit O to Afrasiabi Declaration, #44 Unredacted Document Exhibit P to Afrasiabi Declaration, #45 Unredacted Document Exhibit Q to Afrasiabi Declaration, #46 Unredacted Document Exhibit R to Afrasiabi Declaration, #47 Unredacted Document Exhibit S to Afrasiabi Declaration, #48 Unredacted Document Exhibit T to Afrasiabi Declaration, #49 Unredacted Document Exhibit U to Afrasiabi Declaration, #50 Unredacted Document Exhibit V to Afrasiabi Declaration, #51 Unredacted Document Exhibit W to Afrasiabi Declaration, #52 Unredacted Document Exhibit X to Afrasiabi Declaration, #53 Unredacted Document Exhibit Y to Afrasiabi Declaration, #54 Unredacted Document Exhibit Z to Afrasiabi Declaration, #55 Unredacted Document Exhibit AA to Afrasiabi Declaration, #56 Unredacted Document Exhibit BB to Afrasiabi Declaration, #57 Unredacted Document Exhibit CC to Afrasiabi Declaration, #58 Unredacted Document Exhibit DD to Afrasiabi Declaration, #59 Unredacted Document Exhibit EE to Afrasiabi Declaration, #60 Proof of Service)(Afrasiabi, Peter)
August 8, 2016 Filing 159 APPLICATION to file document Memorandum of Points and Authorities, Statement of Uncontroverted Facts and Conclusions of Law, Patent Functionality Chart re Geometry of Tread, and Certain Exhibits to Declaration of Peter Afrasiabi, all in Support of Defendant CIA Wheel Group's Motion for Summary Judgment under seal filed by Defendant CIA Wheel Group. (Attachments: #1 Proposed Order, #2 Redacted Document Memorandum of Points and Authorities in Support of Defendant CIA Wheel Group's Motion for Summary Judgment, #3 Redacted Document Statement of Uncontroverted Facts and Conclusions of Law in Support of Defendant CIA Wheel Group's Motion for Summary Judgment, #4 Redacted Document Patent Functionality Chart re Geometry of Tread in Support of Defendant CIA Wheel Group's Motion for Summary Judgment)(Afrasiabi, Peter)
August 8, 2016 Filing 158 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Trade Dress Claim (Functionality and Genericness) and 17200 Claim filed by defendant CIA Wheel Group. Motion set for hearing on 9/12/2016 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Patent Chart of Functionality re Tread Elements, #2 Declaration of Peter R. Afrasiabi, #3 Exhibit A-121, #4 Exhibit A-122, #5 Exhibit A-126, #6 Exhibit A-139, #7 Exhibit A-142, #8 Exhibit A-143, #9 Exhibit B-6, #10 Exhibit B-10, #11 Exhibit B-11, #12 Exhibit B-12, #13 Exhibit B-13, #14 Exhibit B-14, #15 Exhibit B-17, #16 Exhibit B-18, #17 Exhibit B-19, #18 Exhibit B-20, #19 Exhibit B-21, #20 Exhibit B-22, #21 Exhibit B-23, #22 Exhibit B-24, #23 Exhibit B-25, #24 Exhibit B-26, #25 Exhibit B-27, #26 Exhibit B-28, #27 Exhibit B-29, #28 Exhibit B-30, #29 Exhibit B-31, #30 Exhibit B-32, #31 Exhibit B-33, #32 Exhibit B-34, #33 Exhibit B-35, #34 Exhibit B-36, #35 Exhibit C-54, #36 Exhibit D-66, #37 Exhibit E-100, #38 Exhibit E-106, #39 Exhibit N, #40 Exhibit FF, #41 Exhibit GG, #42 Exhibit HH, #43 Exhibit II, #44 Exhibit JJ, #45 Exhibit KK, #46 Exhibit LL, #47 Exhibit MM, #48 Exhibit NN, #49 Exhibit OO, #50 Exhibit PP, #51 Exhibit QQ, #52 Exhibit RR, #53 Exhibit SS, #54 Exhibit TT, #55 Exhibit UU, #56 Exhibit VV, #57 Exhibit WW, #58 Exhibit XX, #59 Exhibit YY, #60 Exhibit ZZ, #61 Exhibit AAA, #62 Exhibit BBB, #63 Exhibit CCC, #64 Exhibit DDD, #65 Exhibit EEE, #66 Exhibit FFF, #67 Exhibit GGG, #68 Exhibit HHH, #69 Exhibit III, #70 Exhibit JJJ, #71 Exhibit KKK, #72 Exhibit MMM, #73 Exhibit NNN, #74 Exhibit OOO, #75 Exhibit PPP, #76 Exhibit QQQ, #77 Exhibit RRR, #78 Exhibit SSS, #79 Exhibit TTT, #80 Exhibit UUU, #81 Exhibit VVV, #82 Exhibit WWW, #83 Exhibit XXX, #84 Exhibit YYY, #85 Declaration of Paul Yang, #86 Proposed Order) (Afrasiabi, Peter)
July 20, 2016 Filing 157 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Jinlin Ma, an individual. (dv)
July 18, 2016 Filing 156 REQUEST for Clerk to Enter Default against Cross-Defendant Jinlin Ma filed by Cross-Claimant CIA Wheel Group(a California corporation). (Attachments: #1 Declaration of Peter R. Afrasiabi) (Afrasiabi, Peter)
July 12, 2016 Opinion or Order Filing 155 ORDER by Judge David O. Carter: Appointing Special Master re #154 .(see document for details) (mba)
July 11, 2016 Filing 154 STIPULATION for Order APPOINTING SPECIAL MASTER filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). (Attachments: #1 Proposed Order)(Robinson, William)
July 6, 2016 Filing 153 DECLARATION of Hon James P. Gray (Ret.) Declaration of the Special Master Re Grounds for Disqualification Under 28 U.S.C. Section 455 filed by Special Master James P Gray. (Gray, James)
July 1, 2016 Filing 152 MINUTES (IN CHAMBERS) Plaintiff's Motion for Sanctions Against, and Forensic Inspection of, Defendant CIA Wheel Group #131 by Magistrate Judge Douglas F. McCormick: Accordingly, Toyos motion is GRANTED in part and DENIED in part as follows: Toyo's request for an award of attorneys' fees and costs is denied; Toyo's request for a third-party forensic examination is denied; and CIA is ordered to conduct a search of its computer systems for up to 10 additional keywords provided by Toyo within ten (0) days of receipt. See document for further information. (lwag)
June 29, 2016 Filing 151 DECLARATION of Lauren R. Thomas Pursuant to F.R.Civ.P4(1)(2)(B) re Proof of Service Under F.R.Civ.P.4(f)(3) for Cross-Claim on Cross-Defendant Jinlin Ma filed by Cross Claimant CIA Wheel Group. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Afrasiabi, Peter)
June 28, 2016 Opinion or Order Filing 150 ORDER by Judge David O. Carter, re Stipulation Appointing Special Master and Extending Case Management Dates #149 . For good cause appearing, the Court revises the case management dates as follows: (see document for details). As the parties agreed at the Status Conference on June 21, 2016, the Court will appoint the Hon. James P. Gray as a Special Master to hear and adjudicate matters relating to discovery in this case. While the parties indicated their desire to appoint the Hon. James P. Gray to serve as a Special Master, they must also submit a separate proposed order appointing the Special Master pursuant to Rule 53(b) on or before July 11, 2016. The parties should ensure the proposed order complies with all the requirements of Rule 53(b). For example, the parties should note the Court may only issue an order appointing the Special After after: "(A) the master files an affidavit disclosing whether there is any ground for disqualification under 28 U.S.C. 455; and (B) if a ground is disclosed, the parties, with the court's approval, waive the disqualification.". (see document for details). (dro)
June 27, 2016 Filing 149 STIPULATION for Order Appointing Special Master and Extending Case Management filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). (Attachments: #1 Proposed Order)(Robinson, William)
June 24, 2016 Filing 148 Summons Issued re Crossclaim #113 as to Cross-Defendant Jinlin Ma. (mba) (
June 23, 2016 Filing 147 Request for Clerk to Issue Summons on Crossclaim #113 filed by Cross-Claimant CIA Wheel Group(a California corporation). (Afrasiabi, Peter)
June 23, 2016 Filing 146 NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lwag)
June 21, 2016 Filing 145 SUPPLEMENT to MOTION for Sanctions Against CIA Wheel Group #131 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Ciardullo, Jean-Paul)
June 21, 2016 Filing 144 MINUTES OF Status Conference held before Judge David O. Carter: An off-the- record status conference was held. The parties selected a special master and will be submitting a proposed order re appointment of special master to the Court. Court Reporter: N/A. Plaintiff Attorney: William J. Robinson; Defense Attorney: Felix T. Woo, Peter R. Afrasiabi. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. Court Reporter: N/A. (dgo)
June 16, 2016 Filing 143 MINUTES OF Status Conference held before Judge David O. Carter: An off-the- record status conference was held. Status Conference continued to 6/21/2016 @ 10:00 AM before Judge David O. Carter. Court Reporter: N/A. Plaintiff Attorney: William J. Robinson; Defense Attorney: Felix T. Woo, Peter R. Afrasiabi. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo)
June 16, 2016 Filing 141 SCHEDULING NOTICE by Judge David O. Carter: The Status Conference previously scheduled for 6/16/2016 @ 4:30 PM has been rescheduled. Status Conference RESCHEDULED for 6/16/2016 @ 3:30 PM **TIME CHANGE ONLY** before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
June 15, 2016 Filing 140 Request for Clerk to Issue Summons on Crossclaim #113 filed by Cross-Claimant CIA Wheel Group(a California corporation). (Afrasiabi, Peter)
June 15, 2016 Opinion or Order Filing 139 ORDER by Judge David O. Carter: Granting Motion to Allow Service of Process of CIA Wheel Group's Crossclaims against Jinlin MA by Email #114 . This Court, having reviewed Plaintiffs' motion to allow service of process by emailof the CIA Wheel Group's Crossclaims Against Jinlin Ma, and good cause appearing, HEREBY ORDERS as follows: Defendant's Motion is granted; and,Defendant's Crossclaims may be served by email on Defendant Jinlin Ma. (mba)
June 14, 2016 Filing 142 MINUTES OF Continued Telephonic Discovery Conference held before Magistrate Judge Douglas F. McCormick: Case called and counsel make their appearances. Court and counsel confer. Toyo's request for a protective order forbidding the deposition of K. Noelle Ponsetto is granted. Toyo's request for a protective order on Topics 18-20 of CIA's Rule 30(b)(6) deposition notice is granted in part as follows: Toyo shall make a witness available on Topic No. 18 and Topic Nos. 19 and 20 modified as follows:(see document for further details) The Court will conduct a further Discovery Conference on June 16, 2016, at 3:30 p.m. inCourtroom 6B. Court Recorder: CS 06/14/2016. (mba)
June 10, 2016 Filing 138 BRIEF filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). REGARDING THE OHARA DEPOSITION AND 30(b)(6) TOPICS regarding Telephone Conference,,, Set/Reset Hearing,, #127 . (Attachments: #1 Declaration of William J. Robinson, #2 Exhibit 1 of Robinson Decl)(Robinson, William)
June 10, 2016 Filing 137 SEALED DOCUMENT LR 37 Jt Stip re Order on Motion for Leave to File Document Under Seal #134 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp..(Robinson, William)
June 10, 2016 Filing 136 SEALED DOCUMENT Robinson Decl, Exhibits D-H, J, L, and M re Order on Motion for Leave to File Document Under Seal #134 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F, #4 Exhibit G, #5 Exhibit H, #6 Exhibit J, #7 Exhibit L, #8 Exhibit M)(Robinson, William)
June 10, 2016 Filing 135 SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. On the Court's own motion, the Motion for Sanctions Against CIA Wheel Group #131 previously scheduled for 06/28/16 at 10:00 a.m. has been continued to 7/5/2016 at 10:00 AM before Magistrate Judge Douglas F. McCormick. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nbo) TEXT ONLY ENTRY
June 9, 2016 Opinion or Order Filing 134 ORDER by Judge David O. Carter: Granting #128 Application for File Under Seal Plaintiff's Motion for Sanctions against, and Forensic Inspection of, CIA Wheel Group and Exhibits D-H, J, L, and M in Support Thereof. (mba)
June 8, 2016 Filing 133 SCHEDULING NOTICE by Judge David O. Carter: The Status Conference previously scheduled for 6/16/2016 @ 4:30 AM has been rescheduled. Status Conference RESCHEDULED to 6/16/2016 @ 4:30 PM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
June 8, 2016 Filing 132 SCHEDULING NOTICE by Judge David O. Carter: The Status Conference previously scheduled for 6/17/2016 @ 1:30 PM has been rescheduled. Status Conference RESCHEDULED to 6/16/2016 @ 4:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
June 7, 2016 Filing 131 NOTICE OF MOTION AND MOTION for Sanctions Against CIA Wheel Group filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). Motion set for hearing on 6/28/2016 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Attachments: #1 L.R. 37 Jt Stip, #2 Declaration of W.J. Robinson, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Declaration of P. Afrasiabi, #19 Declaration of C. Yang, #20 Proposed Order)(Robinson, William)
June 7, 2016 Filing 130 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Mtn for Sanctions and Exhibits under seal #128 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Attachments: #1 LR 37 Jt. Stip on Pltfs' Mtn for Sanctions, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H, #7 Exhibit J, #8 Exhibit L, #9 Exhibit M, #10 Proof of Service)(Robinson, William)
June 7, 2016 Filing 129 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Mtn for Sanctions and Exhibits under seal #128 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F, #4 Exhibit G, #5 Exhibit H, #6 Exhibit J, #7 Exhibit L, #8 Exhibit M, #9 Proof of Service)(Robinson, William)
June 7, 2016 Filing 128 APPLICATION to file document Mtn for Sanctions and Exhibits under seal filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp.. (Attachments: #1 Proposed Order)(Robinson, William)
June 6, 2016 Filing 127 MINUTES OF Telephone Discovery Conference held before Magistrate Judge Douglas F. McCormick: The Court GRANTS Defendant's request to exceed the 7-hour limitation with respect to the Rule 30(b)(6) deposition of Ohara. The Court GRANTS Plaintiffs' request for a protective order as to the following topics in Defendant's Second Amended Notice of Deposition: 1, 2, and 15. Plaintiffs' request for a protective order is DENIED as to topics 14, 17, 21, and 29. Further Telephone Discovery Conference set for 6/14/2016 09:30 AM before Magistrate Judge Douglas F. McCormick. Court Recorder: CS 6/6/16. (mt)
June 6, 2016 Opinion or Order Filing 126 MINUTE (IN CHAMBERS) Order Setting Status Conference by Judge David O. Carter: On June 3, 2016, the parties filed a Joint Request for Status Conference (Dkt.125). In light of this request, the Court hereby sets a status conference for June 17, 2016 at 1:30 p.m. (lwag)
June 3, 2016 Filing 125 NOTICE OF JOINT REQUEST FOR STATUS CONFERENCE filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). (Robinson, William)
June 1, 2016 Filing 124 SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. The Court sets a Telephonic Discovery Conference for June 6, 2016, at 11:00 AM before Magistrate Judge Douglas F. McCormick. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nbo) TEXT ONLY ENTRY
June 1, 2016 Opinion or Order Filing 123 ORDER Re: Stipulation to Continue Case Management Dates #122 by Judge David O. Carter: DENIED BY ORDER OF THE COURT. (lwag)
May 31, 2016 Filing 122 STIPULATION to Continue Case Management Dates from 7/22/16 to 11/11/16 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.(a California corporation). (Attachments: #1 Proposed Order)(Robinson, William)
May 26, 2016 Filing 121 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Hong Kong Tri-Ace Tire Co., Ltd., a Chinese corporation and Jinlin Ma, an individual. (lwag)
May 25, 2016 Filing 120 REQUEST for Clerk to Enter Default against Defendants Hong Kong Tri Ace Tire Co Ltd, Jinlin Ma filed by Plaintiffs Toyo Tire U.S.A. Corp., Toyo Tire & Rubber Co., Ltd. (Robinson, William)
May 24, 2016 Filing 119 ANSWER to Amended Complaint/Petition, #75 JURY DEMAND. filed by defendant CIA Wheel Group.(Afrasiabi, Peter)
May 24, 2016 Filing 118 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION for Order for ALLOWING SERVICE OF PROCESS OF CIA WHEEL GROUPS CROSSCLAIMS AGAINST JINLIN MA ON DEFENDANT JINLIN MA BY EMAIL; MEMORANDUM OF POINTS AND AUTHORITIES #114 . The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 6/6/2016 is removed from the calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
May 11, 2016 Filing 117 SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. The Court has received and reviewed counsels' letter briefs in advance of tomorrow's informal telephone conference. Because it does not appear that the underlying issues are amenable to resolution via the Court's informal process, the Court takes tomorrow's conference off calendar and grants Plaintiffs leave to file the motion(s) identified in their letter brief. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nbo) TEXT ONLY ENTRY
May 6, 2016 Filing 116 SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. Per counsel request, a Telephonic Discovery Conference is set for May 12, 2016, at 9:30 AM before Magistrate Judge Douglas F. McCormick. Counsel for Plaintiff will set up the conference call and provide the call-in information to the participants.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ts) TEXT ONLY ENTRY
May 6, 2016 Opinion or Order Filing 115 MINUTES (IN CHAMBERS) ORDER Granting in Part and Denying in Part Motion to Dismiss #86 by Judge David O. Carter: For the foregoing reasons, the Court GRANTS IN PART DENIES IN PART Defendant's Motion to Dismiss: The Motion is DENIED as to Plaintiff's claim for trade dress infringement. The Motion is GRANTED WITHOUT PREJUDICE as to Plaintiff's claims for Declaratory Judgment of Patent Invalidity and Patent Unenforceability. See document for further information. (lwag)
May 5, 2016 Filing 114 NOTICE OF MOTION AND MOTION for Order for ALLOWING SERVICE OF PROCESS OF CIA WHEEL GROUPS CROSSCLAIMS AGAINST JINLIN MA ON DEFENDANT JINLIN MA BY EMAIL; MEMORANDUM OF POINTS AND AUTHORITIES filed by Defendant and Counterclaimant CIA Wheel Group. Motion set for hearing on 6/6/2016 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration OF PETER R. AFRASIABI IN SUPPORT OF MOTION, #2 Proposed Order) (Afrasiabi, Peter)
April 27, 2016 Filing 113 CROSSCLAIM against Cross-Defendant Jinlin Ma; Jury Demand, filed by Cross-Claimant CIA Wheel Group. (Attorney Peter R Afrasiabi added to party CIA Wheel Group(pty:crc))(Afrasiabi, Peter)
April 27, 2016 Opinion or Order Filing 112 ORDER Granting CIA Wheel Group Leave to File Cross-Claim Against Jinlin MA #97 by Judge David O. Carter: This Court, having considered Defendant CIA Wheel Group's ("CIA") Motion for Leave to file a Cross-Claim against Jinlin Ma, all documents filed in connection therewith, and the arguments of counsel at the hearing, HEREBY ORDERS as follows: The Motion is GRANTED. The Cross-Claim attached to the Motion as Exhibit A is deemed filed as of the date of this Order for purposes of calculating response deadlines. CIA shall additionally file a copy of the Cross-Claim through the Court's ECF system. (lwag)
April 13, 2016 Opinion or Order Filing 111 MINUTES (IN CHAMBERS) ORDER Setting Updated Briefing Schedule for Motion for Leave to File Cross-Claims by Judge David O. Carter. In light of Plaintiffs' recent service, the Court sets the following briefing schedule on Defendant CIA Wheel Group's ("CIA" or "Defendant") Motion for Leave to File Cross-Claims Against Jinlin Ma ("Motion") (Dkt. #97 ). Defendant Ma's Opposition to the Motion is now due on or before April 25, 2016. CIA's Reply, if any, is now due on or before May 2, 2016. If Ma fails to file an Opposition on or before April 25, 2016, the Court will treat the Motion as unopposed. The Clerk shall serve this minute order on the parties. (see document for details). (dro)
April 13, 2016 Filing 110 DECLARATION of William J. Robinson re Order on Motion for Order,, #103 Pursuant to F.R.Civ.P4(1)(2)(B) re Proof of Service Under F.R.Civ.P.4(f)(3) for FIrst Amended Complaint on Defendants Hong Kong Tri-Ace Tire Co., Ltd. and Jinlin Ma filed by Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp., Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Attachments: #1 Exhibit)(Robinson, William)
April 4, 2016 Filing 109 MINUTES (IN COURT) Telephonic Discovery Conference held before Magistrate Judge Douglas F. McCormick: Case called. Appearances made. Discussion held. The Court ORDERS Defendants Doublestar Dong Feng Tyre Co., Ltd., Qingdao Doublestar Tire Industrial Co., Ltd., and Doublestar Group Corp. (the Doublestar Defendants)to complete their production of all documents responsive to the RFPs served by Plaintiffs Toyo Tire & Rubber Co., Ltd. and Toyo Tire USA Corp. to which the Doublestar Defendants have agreed to produce documents by no later than April 22, 2016.Court Recorder: CS 04/04/2016. (lwag)
March 31, 2016 Filing 108 Notice of Appearance or Withdrawal of Counsel: for attorney Peter R Afrasiabi counsel for Defendant CIA Wheel Group, Counter Claimant CIA Wheel Group. Gunnar B. Gundersen is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant/Counterclaimant CIA Wheel Group. (Afrasiabi, Peter)
March 31, 2016 Filing 107 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #106 . The following error(s) was found: Case number is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lom)
March 30, 2016 Filing 106 Notice of Appearance or Withdrawal of Counsel: for attorney Peter R Afrasiabi counsel for Defendant CIA Wheel Group, Counter Claimant CIA Wheel Group. Gunnar B. Gundersen is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant/Counterclaimant CIA Wheel Group. (Afrasiabi, Peter)
March 28, 2016 Filing 105 MINUTES (IN COURT) Telephonic Discovery Conference held before Magistrate Judge Douglas F. McCormick: Case called. Appearances made. Discussion held. The Court orders the telephonic discovery conference continued to Monday, April 4, 2016, at 3:00 p.m. Counsel for the DoubleStar Defendant is ordered to email an updated status report to the court by noon on April 4, 2016, to DFM_chambers@cacd.uscourts.gov. The Courtroom Deputy will provide call-in information via separate email to counsel.Court Recorder: CS 03/28/2016. (lwag)
March 28, 2016 Filing 104 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Trade-Dress, Unfair Competition, and Declaratory Judgment Claims against Defendant CIA Wheel Group re: Plaintiff's First Amended Complaint (Dkt. No. 75) #86 , NOTICE OF MOTION AND MOTION for Leave to file Cross-Claims against Defendant Jinlin Ma #97 . The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 4/4/2016 is removed from the calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
March 25, 2016 Opinion or Order Filing 103 MINUTES (IN CHAMBERS) ORDER Granting Motion to Allow Service of Process of First Amended Complaint #98 by Judge David O. Carter: For the foregoing reasons, the Court GRANTS Toyos Motion. Toyo may serve this Order, the Summons, and the First Amended Complaint on the following Defendants by sending email messages, return receipt requested, to the following email addresses: Hong Kong Tri-Ace Tire Co., Ltd., sales@tri-acetyre.com, and Jinlin Ma, info.info168@gmail.com. Any return service on HKTA or Ma that Toyo files must include proof that Toyo has attempted, at a minimum, to verify the actual receipt of the email message. See document for further information. (lwag)
March 21, 2016 Filing 102 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Trade-Dress, Unfair Competition, and Declaratory Judgment Claims against Defendant CIA Wheel Group re: Plaintiff's First Amended Complaint (Dkt. No. 75) #86 filed by Defendant CIA Wheel Group, Counter Claimant CIA Wheel Group. (Afrasiabi, Peter)
March 21, 2016 Filing 101 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Order for TO ALLOW SERVICE OF PROCESS OF FIRST AMENDED COMPLAINT ON DEFENDANTS HONG KONG TRI-ACE TIRE CO., LTD. AND JINLIN MA BY EMAIL [UNOPPOSED] #98 filed by Defendant CIA Wheel Group, Counter Claimant CIA Wheel Group. (Afrasiabi, Peter)
March 14, 2016 Filing 100 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Leave to file Cross-Claims against Defendant Jinlin Ma #97 filed by Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp., Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Robinson, William)
March 14, 2016 Filing 99 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Trade-Dress, Unfair Competition, and Declaratory Judgment Claims against Defendant CIA Wheel Group re: Plaintiff's First Amended Complaint (Dkt. No. 75) #86 filed by Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Toyo Tire U.S.A. Corp., Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Robinson, William)
March 14, 2016 Filing 98 NOTICE OF MOTION AND MOTION for Order for TO ALLOW SERVICE OF PROCESS OF FIRST AMENDED COMPLAINT ON DEFENDANTS HONG KONG TRI-ACE TIRE CO., LTD. AND JINLIN MA BY EMAIL [UNOPPOSED] filed by Plaintiffs Toyo Tire & Rubber Co., Ltd(a Japanese corporation), Toyo Tire U.S.A. Corp.(a California corporation). Motion set for hearing on 4/11/2016 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration of William J. Robinson, #2 Proposed Order) (Robinson, William)
March 7, 2016 Filing 97 NOTICE OF MOTION AND MOTION for Leave to file Cross-Claims against Defendant Jinlin Ma filed by defendant CIA Wheel Group. Motion set for hearing on 4/4/2016 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities, #2 Exhibit A - Proposed Cross-Claims, #3 Proposed Order) (Afrasiabi, Peter)
March 4, 2016 Opinion or Order Filing 96 MINUTE ORDER IN CHAMBERS Denying Amended Stipulation for Leave to File Cross-Claim Against Defendant Jinlin Ma #95 by Judge David O. Carter. (dgo)
March 4, 2016 Filing 95 Amended STIPULATION for Leave to for CIA Wheel to File Cross-Claim against Jinlin Ma filed by defendant CIA Wheel Group. (Attachments: #1 Exhibit A, #2 Proposed Order)(Afrasiabi, Peter)
March 3, 2016 Opinion or Order Filing 94 MINUTES (IN CHAMBERS) ORDER by Judge David O. Carter Denying Stipulation for Leave to File Cross-Claim Against Defendant Jinlin Ma #93 . Because the parties have provided no legal authority suggesting that CIA Wheel and Toyo may enter into this Stipulation under these circumstances, the Court DENIES the Stipulation WITHOUT PREJUDICE. The parties, at any time, may refile the Stipulation with the appropriate legal authority supporting their position. That is, the parties should point the Court to relevant case law suggesting that Toyo and CIA Wheel can agree that CIA Wheel may add cross claims against a co-defendant who has not neither been served in the action nor provided his written consent. The Clerk shall serve this minute order on the parties. (see document for details). (dro)
March 2, 2016 Filing 93 STIPULATION for Leave to File Cross-Claim against Jinlin Ma filed by defendant CIA Wheel Group. (Attachments: #1 Exhibit A, #2 Proposed Order)(Afrasiabi, Peter)
February 29, 2016 Opinion or Order Filing 92 MINUTES (IN CHAMBERS) ORDER Affirming Magistrate Judge's 01/14/16 Order #73 by Judge David O. Carter. For the foregoing reasons, the Magistrate Judge's Order is AFFIRMED. The Clerk shall serve this minute order on the parties. (see document for details). (dro)
February 26, 2016 Filing 91 AMENDED ANSWER to Amended Complaint/Petition, #75 . (Woo, Felix)
February 25, 2016 Filing 90 ANSWER to Amended Complaint/Petition, #75 filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd.(Woo, Felix)
February 23, 2016 Filing 89 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION for Review of Magistrate Judge's 01/14/16 Order pursuant to Local Rule 72-2.1 re Order on Motion to Compel #62 #73 . The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 2/29/2016 is removed from the calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
February 23, 2016 Filing 88 MINUTES (IN CHAMBERS) Plaintiff's Motion to Compel Discovery Responses[Dkt. 71] and Defendant's Motion to Compel Further Response[Dkt. 51] by Magistrate Judge Douglas F. McCormick: Toyo's motion is GRANTED in part and DENIED in part as set forth above. The parties shall inform the Court's courtroom deputy clerk by 4:00 p.m. on Wednesday, March 2, 2016, whether a hearing will be necessary on the issues identified above, and whether the parties intend to appear in person or by telephone. If search terms and custodians remain disputed, each side is ordered to e-mail a list of proposed search terms and custodians to the Court's chambers e-mail address before any hearing: Accordingly, CIA's motion to compel is GRANTED. Toyo is ORDERED to produce all of its patent applications on tire tread in the U.S. and elsewhere within thirty (30) days of this Order. See document for further information. (lwag)
February 23, 2016 Filing 87 MINUTES (IN COURT) Plaintiff's Motion to Compel Discovery Responses from CIA Wheel Group [Dkt. 71] held before Magistrate Judge Douglas F. McCormick: Case called. Appearances made. Tentative Ruling issued. Discussion held. A ruling will issue separately.Court Recorder: CS 02/23/2016. (lwag)
February 17, 2016 Filing 86 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Trade-Dress, Unfair Competition, and Declaratory Judgment Claims against Defendant CIA Wheel Group re: Plaintiff's First Amended Complaint (Dkt. No. 75) filed by defendant CIA Wheel Group. Motion set for hearing on 4/4/2016 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Gunnar B. Gundersen, #3 Exhibit A to Gundersen Declaration, #4 Proposed Order) (Gundersen, Gunnar)
February 12, 2016 Filing 85 STATUS REPORT Joint Status Report in Response to Minute Order [Dkt 72] In Re CIA Wheel Group's Motion to Compel re RFP 64 [Dkt 51] filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Attachments: #1 Declaration of Tsutomu Mori, #2 Declaration of William J. Robinson)(Ciardullo, Jean-Paul)
February 12, 2016 Filing 84 REPLY in support of NOTICE OF MOTION AND MOTION for Review of Magistrate Judge's 01/14/16 Order pursuant to Local Rule 72-2.1 re Order on Motion to Compel, #62 #73 filed by Defendant CIA Wheel Group, Counter Claimant CIA Wheel Group. (Afrasiabi, Peter)
February 11, 2016 Filing 83 COMPACT DISC Order for date of proceedings 1/26/2016 to 1/26/2016 re: Motion Hearing, #72 , filed by defendant/counterclaimant CIA Wheel Group. Court will contact Lauren Thomas at lthomas@onellp.com with any questions regarding this order. Transcript portion requested: Other: Motion to Compel Hearing 1/26/16. FEE PAID. (Afrasiabi, Peter)
February 9, 2016 Filing 82 SUPPLEMENT to MOTION to Compel DISCOVERY FROM CIA along with Joint Stipulation Under LR 37 #71 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Robinson, William)
February 9, 2016 Filing 81 NOTICE OF ERRATA filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. correcting MEMORANDUM in Opposition to Motion, #80 to include Table of Authorities (Attachments: #1 Memorandum updating Dkt. 80 to include TOA, #2 Declaration of William J. Robinson (same as Dkt. 80-1), #3 Exhibit 1 (same as Dkt. 80-2))(Robinson, William)
February 8, 2016 Filing 80 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Review of Magistrate Judge's 01/14/16 Order pursuant to Local Rule 72-2.1 re Order on Motion to Compel, #62 #73 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Attachments: #1 Declaration of William J. Robinson, #2 Exhibit 1)(Robinson, William)
February 5, 2016 Filing 79 21 DAY Summons Issued re Amended Complaint/Petition, #75 as to Defendant Jinlin Ma. (lwag)
February 5, 2016 Filing 78 21 DAY Summons Issued re Amended Complaint/Petition, #75 as to Defendant Hong Kong Tri Ace Tire Co Ltd. (lwag)
February 4, 2016 Filing 77 Request for Clerk to Issue Summons on Amended Complaint/Petition, #75 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Robinson, William)
February 4, 2016 Filing 76 Request for Clerk to Issue Summons on Amended Complaint/Petition, #75 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Robinson, William)
February 4, 2016 Filing 75 First AMENDED COMPLAINT against Defendants CIA Wheel Group, Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs Toyo Tire U.S.A. Corp., Toyo Tire & Rubber Co., Ltd(Robinson, William)
February 3, 2016 Opinion or Order Filing 74 ORDER Granting Plaintiff's Motion For Leave to File First Amended Complaint #59 by Judge David O. Carter: This Court having reviewed Plaintiff's Motion for Leave to Amend, and good cause appearing, IT IS HEREBY ORDERED as follows: Plaintiff's Motion for Leave to Amend is granted; and The First Amended Complaint, as attached as Exhibit A to the Declaration of William J. Robinson filed in support of the Motion for Leave, is deemed filed as of the date hereof and Plaintiffs shall file a copy of the First Amended Complaint on the court's ECF system. (lwag)
January 28, 2016 Filing 73 NOTICE OF MOTION AND MOTION for Review of Magistrate Judge's 01/14/16 Order pursuant to Local Rule 72-2.1 re Order on Motion to Compel, #62 filed by defendant/counterclaimant CIA Wheel Group. Motion set for hearing on 2/29/2016 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Peter R. Afrasiabi, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Proposed Order) (Afrasiabi, Peter)
January 26, 2016 Filing 72 MINUTES OF Motion Hearing held before Magistrate Judge Douglas F. McCormick: #51 Defendant CIA Wheel Groups Motion to Compel Further Response by Plaintiffs to Request for Production No. 64 [Dkt. 51]. See minute order for more information. Court Reporter: CS 01/26/16. (twdb)
January 26, 2016 Filing 71 NOTICE OF MOTION AND MOTION to Compel DISCOVERY FROM CIA along with Joint Stipulation Under LR 37 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. Motion set for hearing on 2/23/2016 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Attachments: #1 JOINT LR 37 STIPULATION, #2 Declaration of William J. Robinson, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Declaration of Peter R. Afrasiabi, #7 Exhibit A, #8 Exhibit B, #9 Proposed Order)(Robinson, William)
January 20, 2016 Filing 70 Joint STIPULATION for Discovery filed by Plaintiff Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp..(Robinson, William)
January 20, 2016 Filing 69 Joint STIPULATION for Discovery filed by Plaintiff Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp..(Robinson, William)
January 20, 2016 Filing 68 Joint STIPULATION for Discovery filed by Plaintiff Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp..(Robinson, William)
January 20, 2016 Filing 67 Joint STIPULATION for Discovery filed by Plaintiff Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp..(Robinson, William)
January 19, 2016 Filing 66 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to AMEND Complaint (Attorney Civil Case Opening), #1 #59 filed by Defendant CIA Wheel Group. (Afrasiabi, Peter)
January 18, 2016 Filing 65 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to AMEND Complaint (Attorney Civil Case Opening), #1 #59 filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. (Woo, Felix)
January 15, 2016 Opinion or Order Filing 64 ORDER re Joint Stipulation of the Parties Concerning Briefing Schedule on Plaintiffs' Motion for Leave to Amend #63 by Judge David O. Carter. (dgo)
January 15, 2016 Filing 63 Joint STIPULATION for Extension of Time to File Opposition as to NOTICE OF MOTION AND MOTION to AMEND Complaint (Attorney Civil Case Opening), #1 #59 filed by defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. (Attachments: #1 Proposed Order)(Woo, Felix)
January 14, 2016 Opinion or Order Filing 62 MINUTES (IN CHAMBERS) ORDER Denying Defendant CIA Wheel Group's Motion to Compel Plaintiffs to Translate Japanese Language Documents #49 by Magistrate Judge Douglas F. McCormick: In sum, the Court finds no basis for CIA's request that Toyo be ordered to translate its document production. Accordingly, CIA's motion to compel is DENIED. See document for further information. (lwag)
January 12, 2016 Filing 61 SUPPLEMENT to MOTION to Compel Further Responses by Plaintiffs to Request for Production No. 64 #51 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Robinson, William)
January 12, 2016 Filing 60 MEMORANDUM in Support of MOTION to Compel Further Responses by Plaintiffs to Request for Production No. 64 #51 Supplemental Memorandum under LR 37 filed by Defendant CIA Wheel Group, Counter Claimant CIA Wheel Group. (Afrasiabi, Peter)
January 11, 2016 Filing 59 NOTICE OF MOTION AND MOTION to AMEND Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. Motion set for hearing on 2/8/2016 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration of William J. Robinson, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Proposed Order) (Robinson, William)
January 7, 2016 Opinion or Order Filing 58 TEXT ONLY ORDER re Scheduling Order #29 by Judge David O. Carter: The Court VACATES the dates previously set by Judge Josephine L. Staton due to the reassignment of the case to Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo)
January 7, 2016 Opinion or Order Filing 57 SCHEDULING ORDER & ORDER RE: PRETRIAL AND TRIAL PROCEDURES by Judge David O. Carter: Fact Discovery cut-off 7/22/2016, Expert Discovery cut-off 7/29/2016, Motion cut-off 9/12/2016 @ 8:30 AM, Final Pretrial Conference set for 11/7/2016 @ 8:30 AM before Judge David O. Carter, Jury Trial set for 12/6/2016 @ 8:30 AM before Judge David O. Carter. SEE ORDER FOR ADDITIONAL INFORMATION. (dgo)
January 5, 2016 Filing 56 SUPPLEMENT to MOTION to Compel Plaintiffs to Translate Japanese Documents Produced #49 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Robinson, William)
January 5, 2016 Opinion or Order Filing 55 ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 14-03 by Judge Josephine L. Staton. Case transferred from Judge Josephine L. Staton to the calendar of Judge David O. Carter for all further proceedings. Case number now reads as SACV15-246 DOC (DFMx). (twdb)
January 5, 2016 Filing 54 OBJECTIONS to Joint Report Rule 26(f) Discovery Plan #48 filed by Defendant CIA Wheel Group, Counter Claimant CIA Wheel Group. (Afrasiabi, Peter)
January 5, 2016 Filing 53 MEMORANDUM in Support of MOTION to Compel Plaintiffs to Translate Japanese Documents Produced #49 Supplemental Memorandum under LR 37 filed by Defendant CIA Wheel Group, Counter Claimant CIA Wheel Group. (Afrasiabi, Peter)
December 22, 2015 Filing 52 JOINT STIPULATION to MOTION to Compel Further Responses by Plaintiffs to Request for Production No. 64 #51 filed by Defendant CIA Wheel Group, Counter Claimant CIA Wheel Group. (Attachments: #1 Declaration of Peter Afrasiabi in Support of Motion, #2 Exhibit A to Afrasiabi Decl., #3 Exhibit B to Afrasiabi Decl., #4 Exhibit C to Afrasiabi Decl.)(Afrasiabi, Peter)
December 22, 2015 Filing 51 NOTICE OF MOTION AND MOTION to Compel Further Responses by Plaintiffs to Request for Production No. 64 filed by defendant/counterclaimant CIA Wheel Group. Motion set for hearing on 1/26/2016 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Attachments: #1 Proposed Order)(Afrasiabi, Peter)
December 17, 2015 Filing 50 JOINT STIPULATION to MOTION to Compel Plaintiffs to Translate Japanese Documents Produced #49 filed by Defendant CIA Wheel Group, Counter Claimant CIA Wheel Group. (Attachments: #1 Declaration of Peter Afrasiabi in Support of Motion, #2 Exhibit A to Afrasiabi Declaration, #3 Exhibit B to Afrasiabi Declaration, #4 Exhibit C to Afrasiabi Declaration, #5 Exhibit D to Afrasiabi Declaration, #6 Exhibit E to Afrasiabi Declaration, #7 Exhibit F to Afrasiabi Declaration)(Afrasiabi, Peter)
December 17, 2015 Filing 49 NOTICE OF MOTION AND MOTION to Compel Plaintiffs to Translate Japanese Documents Produced filed by defendant/counterclaimant CIA Wheel Group. Motion set for hearing on 1/19/2016 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Attachments: #1 Proposed Order)(Afrasiabi, Peter)
December 16, 2015 Filing 48 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial n/a, filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp... (Robinson, William)
December 7, 2015 Opinion or Order Filing 47 ORDER by Magistrate Judge Douglas F. McCormick, granting Stipulation to extend time for plaintiffs to respond to Local Rule 37-2.1 #46 . IT IS HEREBY ORDERED that Plaintiffs deadline for its portion of the Local Rule 37-2.1 Joint Stipulation Of Defendant CIA Wheel Group is hereby extended up to and including December 16, 2015. (twdb)
December 7, 2015 Filing 46 STIPULATION to Continue Deadline of Plaintiffs' Portion to L.R. 37-2.1 from 12/9/15 to 12/16/15 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd(a Japanese corporation), Toyo Tire U.S.A. Corp.(a California corporation). (Attachments: #1 Proposed Order)(Robinson, William)
December 3, 2015 Filing 45 ANSWER to Counterclaim #42 filed by Plaintiff/Counterdefendants Toyo Tire & Rubber Co., Ltd(a Japanese corporation), Toyo Tire U.S.A. Corp.(a California corporation).(Robinson, William)
November 19, 2015 Filing 44 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Counterclaim #42 . The following error(s) was found: The counterclaim show the caption of the complaint. Case caption should match identifying the parties. 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. (twdb)
November 18, 2015 Filing 43 CERTIFICATE of Interested Parties filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd, (Woo, Felix)
November 18, 2015 Filing 42 COUNTERCLAIM against Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., filed by Defendant and Counterclaimant Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. (Attachments: #1 Exhibit A)(Woo, Felix)
November 18, 2015 Filing 41 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd.(Attorney Felix T Woo added to party Doublestar Dong Feng Tyre Co., Ltd.(pty:dft), Attorney Felix T Woo added to party Doublestar Group Corp(pty:dft), Attorney Felix T Woo added to party Qingdao Doublestar Tire Industrial Co, Ltd(pty:dft))(Woo, Felix)
November 3, 2015 Filing 40 Notice of Appearance or Withdrawal of Counsel: for attorney Gunnar B Gundersen, IV counsel for Defendant CIA Wheel Group, Counter Claimant CIA Wheel Group. Adding Gunnar B. Gundersen as counsel of record for Defendant/Counterclaimant CIA Wheel Group for the reason indicated in the G-123 Notice. Filed by Defendant/Counterclaimant CIA Wheel Group. (Attorney Gunnar B Gundersen, IV added to party CIA Wheel Group(pty:dft), Attorney Gunnar B Gundersen, IV added to party CIA Wheel Group(pty:cc))(Gundersen, Gunnar)
October 21, 2015 Opinion or Order Filing 39 ORDER by Judge Josephine L. Staton, Granting Stipulation to Extend Time to Answer (More than 30 days) #38 . (twdb)
October 20, 2015 Filing 38 First STIPULATION for Extension of Time to File Answer to November 18, 2015 re Complaint (Attorney Civil Case Opening), #1 filed by Defendants Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. (Attachments: #1 Proposed Order Granting Stipulation to Extend Time to Respond to Complaint)(Attorney Jinshu Zhang added to party Doublestar Dong Feng Tyre Co., Ltd.(pty:dft), Attorney Jinshu Zhang added to party Doublestar Group Corp(pty:dft), Attorney Jinshu Zhang added to party Qingdao Doublestar Tire Industrial Co, Ltd(pty:dft))(Zhang, Jinshu)
August 14, 2015 Opinion or Order Filing 37 ORDER GRANTING STIPULATED PROTECTIVE ORDER GOVERNING DISCOVERY by Magistrate Judge Douglas F. McCormick re Stipulation for Protective Order #35 . (twdb)
August 14, 2015 Filing 36 STIPULATION for Discovery as to Email Service filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp..(Robinson, William)
August 12, 2015 Filing 35 STIPULATION for Protective Order filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Attachments: #1 Proposed Order)(Robinson, William)
August 6, 2015 Filing 34 STIPULATION for Protective Order filed by Plaintiffs Toyo Tire & Rubber Co., Ltd. (Attachments: #1 Proposed Order)(Robinson, William)
July 21, 2015 Filing 33 ANSWER to Counterclaim, #18 Three filed by Counterclaim Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp..(Robinson, William)
July 8, 2015 Filing 32 MINUTES (IN CHAMBERS) by Judge Josephine L. Staton: granting in part and denying in part #23 MOTION to Dismiss Counterclaims. (twdb)
July 8, 2015 Opinion or Order Filing 31 ORDER/REFERRAL to ADR Procedure No. 1 by Judge Josephine L. Staton. Case is ordered to Magistrate Judge Jay Gandhi for Settlement Conference based on stipulation of the parties. ADR Proceeding to be held no later than September 20, 2016. (tg)
July 8, 2015 Filing 30 CIVIL TRIAL ORDER for cases assigned to Judge Josephine L. Staton. (tg)
July 8, 2015 Opinion or Order Filing 29 MINUTE ORDER IN CHAMBERS by Judge Josephine L. Staton: SCHEDULING ORDER. On the Courts own motion, the Scheduling Conference set for hearing July 10, 2015 is VACATED and taken off calendar, and the following dates are set.( Fact Discovery cut-off 7/19/2016., Motions due by 7/29/2016., Motions in Limine to be filed by 10/21/2016., Last date to conduct settlement conference is 9/20/2016., Final Pretrial Conference set for 11/18/2016 01:30 PM before Judge Josephine L. Staton., Jury Trial set for 12/13/2016 09:00 AM before Judge Josephine L. Staton., Exhibit Conference set for 12/9/2016 03:30 PM before Judge Josephine L. Staton.) (twdb)
June 26, 2015 Filing 28 JOINT REPORT REPORT of RULE 26(f) filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Attachments: #1 Exhibit Prop. Schedule)(Robinson, William)
June 26, 2015 Filing 27 REPLY In Support of MOTION to Dismiss Counterclaims of CIA Wheel Group #23 filed by Plaintiffs Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., Counter Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. (Robinson, William)
June 19, 2015 Filing 26 MEMORANDUM in Opposition to MOTION to Dismiss Counterclaims of CIA Wheel Group #23 filed by Defendant CIA Wheel Group, Counter Claimant CIA Wheel Group. (Afrasiabi, Peter)
May 22, 2015 Opinion or Order Filing 25 ORDER by Judge Josephine L. Staton, granting Stipulation to Continue #24 . The Rule 26(f) Scheduling Conference is continued to July 10, 2015 at 1:30 p.m. in Courtroom 10A, and the deadlines for the parties to exchange initial disclosures, confer on a discovery plan, and file a Joint Rule 26(f) report shall all be based thereon. ( Motion set for hearing on 7/10/2015 at 01:30 PM before Judge Josephine L. Staton.) (twdb)
May 18, 2015 Filing 24 Joint STIPULATION to Continue Hearing on Motion to Dismiss Counterclaims and Rule 26(f) Scheduling Conference from June 12, 2015 to July 10, 2015 Re: Initial Order Setting R26 Scheduling Conference - form only #19 , MOTION to Dismiss Counterclaims of CIA Wheel Group #23 filed by defendants and counterclaimants CIA Wheel Group. (Attachments: #1 Declaration of Peter R. Afrasiabi, #2 Proposed Order)(Afrasiabi, Peter)
May 15, 2015 Filing 23 NOTICE OF MOTION AND MOTION to Dismiss Counterclaims of CIA Wheel Group filed by Plaintiffs/Counterclaim Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.. Motion set for hearing on 6/12/2015 at 02:30 PM before Judge Josephine L. Staton. (Attachments: #1 Declaration of William J. Robinson, #2 Exhibit 1 to Robinson Decl., #3 Exhibit 2 to Robinson Decl., #4 Exhibit 3 to Robinson Decl., #5 Exhibit 4 to Robinson Decl., #6 Exhibit 5 to Robinson Decl., #7 Proposed Order)(Robinson, William)
April 30, 2015 Opinion or Order Filing 22 ORDER by Judge Josephine L. Staton, Granting 21 Day Extension to Respond to Counterclaims of Defendant CIA Wheel Group re Stipulation #20 (mba)
April 24, 2015 Filing 21 NOTICE OF LODGING filed by Toyo Tire & Rubber Co., Ltd. and Toyo Tire U.S.A. Corp. re Stipulation Extending Time to Answer (30 days or less), #20 (Attachments: #1 Proposed Order)(Robinson, William)
April 6, 2015 Filing 20 STIPULATION Extending Time to Answer the complaint as to Toyo Tire U.S.A. Corp. answer now due 5/15/2015; Toyo Tire & Rubber Co., Ltd answer now due 5/15/2015, re Counterclaim, #18 filed by Plaintiffs Toyo Tire U.S.A. Corp.; Toyo Tire & Rubber Co., Ltd.(Robinson, William)
April 6, 2015 Opinion or Order Filing 19 ORDER SETTING SCHEDULING CONFERENCE by Judge Josephine L. Staton. Scheduling Conference set for 6/12/2015 at 01:30 PM before Judge Josephine L. Staton. (dro)
April 3, 2015 Filing 18 COUNTERCLAIM against Counter-Defendants Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp.; Jury Demand, filed by defendant and counterclaimant CIA Wheel Group. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Afrasiabi, Peter)
April 3, 2015 Filing 17 ANSWER to Complaint (Attorney Civil Case Opening), #1 JURY DEMAND. filed by defendant CIA Wheel Group.(Afrasiabi, Peter)
March 4, 2015 Filing 16 Notice of Appearance or Withdrawal of Counsel: for attorney Christine Hwang Yang counsel for Defendant CIA Wheel Group. Adding Christine Yang as attorney as counsel of record for CIA Wheel Group for the reason indicated in the G-123 Notice. Filed by Defendant CIA Wheel Group. (Attorney Christine Hwang Yang added to party CIA Wheel Group(pty:dft))(Yang, Christine)
March 2, 2015 Filing 15 STIPULATION Extending Time to Answer the complaint as to CIA Wheel Group answer now due 4/3/2015, re Complaint (Attorney Civil Case Opening), #1 filed by defendant CIA Wheel Group.(Attorney Peter R Afrasiabi added to party CIA Wheel Group(pty:dft))(Afrasiabi, Peter)
February 20, 2015 Filing 14 PROOF OF SERVICE Executed by Plaintiff Toyo Tire & Rubber Co., Ltd, Toyo Tire U.S.A. Corp., upon Defendant CIA Wheel Group served on 2/13/2015, answer due 3/6/2015. Service of the Summons and Complaint were executed upon Paul Kim, Agent for Service of Process 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. (Robinson, William)
February 18, 2015 Filing 13 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON. (tg)
February 18, 2015 Opinion or Order Filing 12 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 (Related Case) filed. Transfer of case declined by Judge Cormac J. Carney, for the reasons set forth on this order. (see document for details). Related Case No. SACV14-00024 CJC (JPRx) (dro)
February 13, 2015 Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants CIA Wheel Group, Doublestar Dong Feng Tyre Co., Ltd., Doublestar Group Corp, Qingdao Doublestar Tire Industrial Co, Ltd. (nbo)
February 13, 2015 Filing 10 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (nbo)
February 13, 2015 Filing 9 NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge Douglas F. McCormick. (nbo)
February 12, 2015 Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs TOYO TIRE & RUBBER CO. LTD., Toyo Tire U.S.A. Corp.. (Robinson, William)
February 12, 2015 Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs TOYO TIRE & RUBBER CO. LTD., Toyo Tire U.S.A. Corp.. (Robinson, William)
February 12, 2015 Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs TOYO TIRE & RUBBER CO. LTD., Toyo Tire U.S.A. Corp.. (Robinson, William)
February 12, 2015 Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs TOYO TIRE & RUBBER CO. LTD., Toyo Tire U.S.A. Corp.. (Robinson, William)
February 12, 2015 Filing 4 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by TOYO TIRE & RUBBER CO. LTD., Toyo Tire U.S.A. Corp.. (Robinson, William)
February 12, 2015 Filing 3 NOTICE of Interested Parties filed by Plaintiffs TOYO TIRE & RUBBER CO. LTD., Toyo Tire U.S.A. Corp., identifying TOYO TIRE & RUBBER CO., LTD. and TOYO TIRE U.S.A. CORP.. (Robinson, William)
February 12, 2015 Filing 2 CIVIL COVER SHEET filed by Plaintiffs TOYO TIRE & RUBBER CO. LTD., Toyo Tire U.S.A. Corp.. (Robinson, William)
February 12, 2015 Filing 1 COMPLAINT Receipt No: 0973-15206862 - Fee: $400, filed by Plaintiffs TOYO TIRE & RUBBER CO. LTD., Toyo Tire U.S.A. Corp.. (Attorney William J Robinson added to party TOYO TIRE & RUBBER CO. LTD.(pty:pla), Attorney William J Robinson added to party Toyo Tire U.S.A. Corp.(pty:pla))(Robinson, William)

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Search for this case: Toyo Tire & Rubber Co., Ltd. v. CIA Wheel Group, et al
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Plaintiff: Toyo Tire & Rubber Co., Ltd.
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Defendant: CIA Wheel Group
Represented By: Gunnar B Gundersen, IV
Represented By: Molly J Magnuson
Represented By: Peter R Afrasiabi
Represented By: Christine Hwang Yang
Represented By: Christopher W Arledge
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Defendant: Hong Kong Tri Ace Tire Co Ltd
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Defendant: Qingdao Doublestar Tire Industrial Co, Ltd
Represented By: Jinshu Zhang
Represented By: Judith Shophet Sidkoff
Represented By: Felix T Woo
Represented By: Henry Louis Whitehead
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Defendant: Wheel Group Holdings LLC
Represented By: Molly J Magnuson
Represented By: Peter R Afrasiabi
Represented By: Christine Hwang Yang
Represented By: Christopher W Arledge
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Defendant: Doublestar Dong Feng Tyre Co., Ltd.
Represented By: Jinshu Zhang
Represented By: Judith Shophet Sidkoff
Represented By: Felix T Woo
Represented By: Henry Louis Whitehead
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Counter claimant: Doublestar Group Corp
Represented By: Jinshu Zhang
Represented By: Judith Shophet Sidkoff
Represented By: Felix T Woo
Represented By: Henry Louis Whitehead
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Counter defendant: Toyo Tire & Rubber Co., Ltd
Represented By: Victor De Gyarfas
Represented By: Jean-Paul Ciardullo
Represented By: Eva K Freel
Represented By: William J Robinson
Represented By: Matthew B Lowrie
Represented By: Craig S Fochler
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Counter defendant: Toyo Tire U.S.A. Corp.
Represented By: Victor De Gyarfas
Represented By: Jean-Paul Ciardullo
Represented By: Eva K Freel
Represented By: William J Robinson
Represented By: Matthew B Lowrie
Represented By: Craig S Fochler
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Counter defendant: Does 1-10
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Cross defendant: Jinlin Ma
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Special master: Hon. James P Gray
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