TechShell, Inc. v. Max Interactive, Inc.
| TechShell, Inc. |
| Max Interactive, Inc. |
| 8:2019cv00608 |
| April 1, 2019 |
| US District Court for the Central District of California |
| Andrew J Guilford |
| Douglas F McCormick |
| Autumn D Spaeth |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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Filing 52
ORDER RE: SETTLEMENT CONFERENCE by Magistrate Judge Autumn D. Spaeth: The Settlement Conference is placed on calendar for September 5, 2019, at 10:00 a.m., in Courtroom 9B, 9th Floor, 411 W. Fourth Street, Santa Ana, California, 2701. No later than five (5) days prior to the Settlement Conference, each party shall submit a Confidential Settlement Conference Statement directly to the Chambers of Judge Spaeth via email to ADS_Chambers@cacd.uscourts.gov. The Statements should not be filed with the Clerk of the Court and they will not be made part of the casefile. **See Order for details** (kh)
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Filing 51
TEXT ONLY ENTRY (IN CHAMBERS) ORDER SETTING PRE-SETTLEMENT CONFERENCE by Magistrate Judge Autumn D. Spaeth. This matter is set for a Telephonic Pre-Settlement Conference Call on Thursday, July 18, 2019 at 2:00 p.m. Call in information shall be provided by separate email to counsel of record.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
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| Filing 50 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Dismiss and Strike Max Interactive Inc's Third Counterclaim and Fifth Affirmative Defense #35 filed by Plaintiff TechShell, Inc.. (Chang, Cheryl) |
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Filing 49
MINUTE ORDER (IN CHAMBERS) ORDER GRANTING JOINT STIPULATION OF CASEDEADLINES #44 by Judge Andrew J. Guilford: The Court has considered the parties Joint Stipulation and sets the following deadlines: Discovery cut-off 4/7/2020. Final Pretrial Conference set for 6/22/2020 at 8:30 AM. Jury Trial set for 7/7/2020 at 9:00 AM. (See document for further details) (es)
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| Filing 48 NOTICE OF FILING TRANSCRIPT filed for proceedings 6/24/19 10:00 am re Transcript #47 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Baird, Miriam) TEXT ONLY ENTRY |
| Filing 47 TRANSCRIPT for proceedings held on 6/24/19 10:00 am. Court Reporter/Electronic Court Recorder: Miriam Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/24/2019. Redacted Transcript Deadline set for 8/5/2019. Release of Transcript Restriction set for 10/1/2019. (Baird, Miriam) |
| Filing 46 REQUEST FOR JUDICIAL NOTICE in Support of Opposition to Plaintiff's Motion to Dismiss and Strike Max Interactive Inc.'s Third Counterclaim and Fifth Affirmative Defense filed by Defendant Max Interactive, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B - Part 1, #3 Exhibit B - Part 2)(Khan, Nasar) |
| Filing 45 OPPOSITION to re: NOTICE OF MOTION AND MOTION to Dismiss Dismiss and Strike Max Interactive Inc's Third Counterclaim and Fifth Affirmative Defense #35 filed by Defendant Max Interactive, Inc.. (Khan, Nasar) |
| Filing 44 Joint STIPULATION for Order Approving Case Deadlines filed by Plaintiff TechShell, Inc.. (Attachments: #1 Proposed Order)(Chang, Cheryl) |
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Filing 43
MINUTE ORDER [IN CHAMBERS] ORDER (1) DIRECTING PARTIES TO FILE JOINT STIPULATION AND PROPOSED ORDER REGARDING ADDITIONAL PRETRIAL DATES AND (2) CONTINUING HEARING ON MOTION TO DISMISS AND STRIKE (DKT. NO. 35) by Judge Andrew J. Guilford: By July 1, 2019, the parties are ORDERED to file a joint stipulation and proposed order with their updated proposals regarding any additional pretrial dates (including patent-specific dates) For reasons of calendar management and judicial economy, the hearing on Plaintiff's Motion to Dismiss and Strike Defendant's Third Counterclaim and Fifth Affirmative Defense (Dkt. No. 35) is CONTINUED from July 22, 2019 to August 5, 2019 at 10:00 AM. (See document for details) (es)
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| Filing 42 TRANSCRIPT ORDER as to Defendant Max Interactive, Inc. for Court Reporter. Court will contact Griselda Mayorga at gmayorga@lockelord.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Khan, Nasar) |
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Filing 41
SCHEDULING ORDER SPECIFYING PROCEDURES by Judge Andrew J. Guilford. (mku)
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| Filing 40 MINUTES OF Scheduling Conference held before Judge Andrew J. Guilford. Discovery cut-off 4/7/2020. Final Pretrial Conference set for 6/22/2020 at 8:30 a.m. Jury Trial set for 7/7/2020 at 9:00 a.m. Court Reporter: Miriam Baird. (mku) |
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Filing 39
ORDER by Judge Andrew J. Guilford, GRANTING #38 Non-Resident Attorney Christopher J. Capelli APPLICATION to Appear Pro Hac Vice on behalf of Defendant(s) MAX INTERACTIVE, INC designating Nasar Khan as local counsel. (es)
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| Filing 38 APPLICATION of Non-Resident Attorney Christopher J. Capelli to Appear Pro Hac Vice on behalf of Defendant Max Interactive, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23907739) filed by Defendant Max Interactive, Inc.. (Attachments: #1 Proposed Order) (Khan, Nasar) |
| Filing 37 JOINT REPORT of Report Following FRCP 26(f) Conference filed by Plaintiff TechShell, Inc.. (Chang, Cheryl) |
| Filing 36 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Dismiss and Strike Max Interactive Inc's Third Counterclaim and Fifth Affirmative Defense #35 filed by Plaintiff TechShell, Inc.. (Chang, Cheryl) |
| Filing 35 NOTICE OF MOTION AND MOTION to Dismiss Dismiss and Strike Max Interactive Inc's Third Counterclaim and Fifth Affirmative Defense filed by Plaintiff TechShell, Inc.. Motion set for hearing on 7/22/2019 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Chang, Cheryl) |
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Filing 34
ORDER GRANTING JOINT STIPULATION TO EXTEND TIME FOR PLAINTIFF TECHSHELL, INC. TO RESPOND TO DEFENDANT MAX INTERACTIVE, INC.'S COUNTERCLAIMS AND TO SERVE ITS INITIAL INFRINGEMENT CONTENTIONS #33 by Judge Andrew J. Guilford. Based on the Joint Stipulation to Extend the Time for Plaintiff Techshell, Inc. to Respond to Defendant Max Interactive, Inc.'s Counterclaims and to Serve Its Initial Infringement Contentions, and for good cause, the deadline for Techshell to answer, move, or otherwise respond to Max Interactive, Inc.'s Answer and Counterclaims (Dkt. No. 22) and to serve, pursuant to this Court's Standing Patent Rules 2.1 and 2.2, its Initial Infringement Contentions and Document Production shall be extended up to and including June 7, 2019. (es)
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| Filing 33 Joint STIPULATION for Extension of Time to File Response as to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #22 filed by Plaintiff TechShell, Inc.. (Attachments: #1 Proposed Order)(Chang, Cheryl) |
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Filing 32
ORDER by Judge Andrew J. Guilford, GRANTING #29 Non-Resident Attorney Scott D. Wofsy APPLICATION to Appear Pro Hac Vice on behalf of MAS INTERACTIVE, INC Defendant, designating Nasar Khan as local counsel. (es)
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Filing 31
ORDER REGARDING EARLY MEETING OF PARTIES AND SCHEDULING CONFERENCE by Judge Andrew J. Guilford. Scheduling Conference set for 6/24/2019 at 9:00 a.m. (mku)
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| Filing 30 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Douglas F. McCormick to Judge Andrew J. Guilford for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Autumn D. Spaeth. The case number will now reflect the initials of the transferee Judges 8:19-cv-00608 AG(ADSx). (rn) |
| Filing 29 APPLICATION of Non-Resident Attorney Scott D. Wofsy to Appear Pro Hac Vice on behalf of Defendant Max Interactive, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23715017) filed by Defendant Max Interactive, Inc.. (Attachments: #1 Proposed Order) (Khan, Nasar) |
| Filing 27 DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Defendant Max Interactive, Inc.. (Khan, Nasar) |
| Filing 26 DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiff TechShell, Inc.. (Chang, Cheryl) |
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Filing 28
ORDER by Magistrate Judge Douglas F. McCormick: granting #25 Non-Resident Attorney David T. Van Der Laan APPLICATION to Appear Pro Hac Vice on behalf of Defendant Max Interactive, Inc., designating Nasar Khan as local counsel. (sbou)
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| Filing 25 APPLICATION of Non-Resident Attorney David T. Van Der Laan to Appear Pro Hac Vice on behalf of Defendant Max Interactive, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23681432) filed by Defendant and Counter-Plaintiff Max Interactive, Inc.. (Attachments: #1 Proposed Order) (Khan, Nasar) |
| Filing 24 CERTIFICATE of Interested Parties filed by Defendant and Counter-Plaintiff Max Interactive, Inc., identifying Max Interactive, Inc.; Cameron Moore; TechShell, Inc.; Gladstone Investment Corporation; and, Fairhaven Group, Inc.. (Khan, Nasar) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Nasar M Khan counsel for Defendant Max Interactive, Inc.. Adding Nasar Khan as counsel of record for Max Interactive, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant and Counter-Plaintiff Max Interactive, Inc.. (Khan, Nasar) |
| Filing 22 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND, COUNTERCLAIM against TechShell, Inc. filed by Defendant and Counter-Plaintiff Max Interactive, Inc..(Attorney Nasar M Khan added to party Max Interactive, Inc.(pty:dft))(Khan, Nasar) |
| Filing 21 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff TechShell, Inc., upon Defendant Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Chang, Cheryl) |
| Filing 20 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff TechShell, Inc., upon Agent for Process Service (Sub Service on Front Desk Authorized to Accept Service) Max Interactive, Inc. served on 4/2/2019, answer due 5/6/2019. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Chang, Cheryl) |
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Filing 19
ORDER by Magistrate Judge Douglas F. McCormick: granting #15 Non-Resident Attorney Russell T. Wong APPLICATION to Appear Pro Hac Vice on behalf of TECHSHELL, INC., designating Cheryl S. Chang as local counsel. (sbou)
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Filing 18
ORDER by Magistrate Judge Douglas F. McCormick: granting #14 Non-Resident Attorney Dipu A. Doshi APPLICATION to Appear Pro Hac Vice on behalf of TECHSHELL, INC., designating Cheryl S. Chang as local counsel. (sbou)
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Filing 17
ORDER by Magistrate Judge Douglas F. McCormick: granting #13 Non-Resident Attorney Megan R. Wood APPLICATION to Appear Pro Hac Vice on behalf of TECHSHELL, INC., designating Cheryl S. Chang as local counsel. (sbou)
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| Filing 16 Joint STIPULATION Extending Time to Answer the complaint as to Max Interactive, Inc. answer now due 5/6/2019, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Max Interactive, Inc. Max Interactive, Inc.. (Attachments: #1 Proof of Service)(Attorney Peter J Schulz added to party Max Interactive, Inc.(pty:dft))(Schulz, Peter) |
| Filing 15 APPLICATION of Non-Resident Attorney Russell T. Wong to Appear Pro Hac Vice on behalf of Plaintiff TechShell, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23486240) filed by Plaintiff TechShell, Inc.. (Attachments: #1 Proposed Order Proposed Order) (Chang, Cheryl) |
| Filing 14 APPLICATION of Non-Resident Attorney Dipu A. Doshi to Appear Pro Hac Vice on behalf of Plaintiff TechShell, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23486216) filed by Plaintiff TechShell, Inc.. (Attachments: #1 Proposed Order Proposed Order) (Chang, Cheryl) |
| Filing 13 APPLICATION of Non-Resident Attorney Megan R. Wood to Appear Pro Hac Vice on behalf of Plaintiff TechShell, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23486133) filed by Plaintiff TechShell, Inc.. (Attachments: #1 Proposed Order Proposed Order) (Chang, Cheryl) |
| Filing 12 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by TechShell, Inc.. (Chang, Cheryl) |
| Filing 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Megan R. Wood. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) |
| Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Dipu A. Doshi. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) |
| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Russell T. Wong. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) |
| Filing 8 NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (esa) |
| Filing 7 21 DAY Summons issued re Complaint #1 as to defendant Max Interactive, Inc. (esa) |
| Filing 6 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Douglas F. McCormick. (Attachments: #1 CV-11C) (esa) |
| Filing 5 STATEMENT re Corporate Disclosure Statement filed by Plaintiff TechShell, Inc. (Chang, Cheryl) |
| Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff TechShell, Inc., identifying Gladstone Investment Corporation; Fairhaven Group, Inc.. (Chang, Cheryl) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff TechShell, Inc.. (Chang, Cheryl) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff TechShell, Inc.. (Chang, Cheryl) |
| Filing 1 COMPLAINT Receipt No: 0973-23473354 - Fee: $400, filed by Plaintiff TechShell, Inc.. (Attorney Cheryl S Chang added to party TechShell, Inc.(pty:pla))(Chang, Cheryl) |
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