Anthony Longo v. Vincent Longo et al
| Anthony Longo |
| Future System Pty Ltd, Vincent Longo, Todos Santos Surf, Inc. and Does 1 through 20, inclusive |
| 8:2020cv00829 |
| April 29, 2020 |
| US District Court for the Central District of California |
| Andre Birotte |
| Rozella A Oliver |
| Karen E Scott |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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Filing 31
(IN CHAMBERS) ORDER TAKING MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED VERIFIED SHAREHOLDER DERIVATIVE COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED #26 UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court has considered the matters raised with respect to the Motion and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on August 14, 2020, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 30 REPLY NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Motion to Dismiss Plaintiff's First Amended Verified Shareholder Derivative Complaint For Failure To State A Claim Upon Which Relief Can Be Granted (FRCP 12(b)(6)) #26 Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss Plaintiff's First Amended Complaint filed by Defendants Future System Pty Ltd, Vincent Longo. (Hildebrand, James) |
| Filing 29 MEMORANDUM in Opposition re #26 MOTION to Dismiss First Amended Complaint filed by Plaintiff Anthony Longo. (LeJeune, Cody) |
| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Motion to Dismiss Plaintiff's First Amended Verified Shareholder Derivative Complaint For Failure To State A Claim Upon Which Relief Can Be Granted (FRCP 12(b)(6)) #26 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. 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. (gk) |
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Filing 27
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 10/9/2020 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Motion to Dismiss Plaintiff's First Amended Verified Shareholder Derivative Complaint For Failure To State A Claim Upon Which Relief Can Be Granted (FRCP 12(b)(6)) filed by Defendants Future System Pty Ltd, Vincent Longo. Motion set for hearing on 8/14/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Ethan A. Reimers, #3 Request for Judicial Notice, #4 Exhibits A to D to Request for Judicial Notice) (Hildebrand, James) |
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Filing 25
(IN CHAMBERS) ORDER DEEMING DEFENDANTS MOTION TO DISMISS AS MOOT (Dkt. No. 17) by Judge Andre Birotte Jr.: In light of the First Amended Complaint (Dkt. No. 20), Defendants' Motion to Dismiss is DENIED as MOOT, and the hearing scheduled for July 14, 2020, is hereby VACATED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 24
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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| Filing 23 PROOF OF SERVICE Executed by Plaintiff Anthony Longo, upon Defendant Future System Pty Ltd served on 6/28/2020, answer due 7/20/2020. Service of the Summons and Complaint were executed upon Vincent Longo - Owner of Future Fin Systems Pty Ltd in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (LeJeune, Cody) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Anthony Longo, upon Defendant Vincent Longo served on 6/28/2020, answer due 7/20/2020. Service of the Summons and Complaint were executed upon Vincent Longo in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (LeJeune, Cody) |
| Filing 21 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Karen E. Scott to Judge Andre Birotte Jr for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Rozella A. Oliver. The case number will now reflect the initials of the transferee Judges 8:20-cv-00829 AB(RAOx). (rn) |
| Filing 20 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by plaintiff Anthony Longo (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(LeJeune, Cody) |
| Filing 19 DECLARATION of Vincent Longo in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint for Insufficient Service and Failure to State a Claim Upon Which Relief Can Be Granted (FRCP 12(b)(5) & (6) #17 filed by Defendants Future System Pty Ltd, Vincent Longo. (Hildebrand, James) |
| Filing 18 DECLARATION of Cole Carden Motion to Dismiss Plaintiff's Complaint for Insufficient Service and Failure to State a Claim upon which Relief can be Granted (FRCP 12(b)(5) & (6) NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint for Insufficient Service and Failure to State a Claim Upon Which Relief Can Be Granted (FRCP 12(b)(5) & (6) #17 filed by Defendants Future System Pty Ltd, Vincent Longo. (Hildebrand, James) |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint for Insufficient Service and Failure to State a Claim Upon Which Relief Can Be Granted (FRCP 12(b)(5) & (6) filed by Defendants Future System Pty Ltd, Vincent Longo. Motion set for hearing on 7/14/2020 at 10:00 AM before Magistrate Judge Karen E. Scott. (Attachments: #1 Declaration Ethan A. Reimers, #2 Declaration Vincent Longo, #3 Memorandum of Points and Authorities, #4 Request for Judicial Notice, #5 Exhibits A to D) (Hildebrand, James) |
| Filing 16 NOTICE of Interested Parties filed by Defendants Future System Pty Ltd, Vincent Longo, (Hildebrand, James) |
| Filing 15 STIPULATION Extending Time to Answer the complaint as to Future System Pty Ltd answer now due 6/15/2020; Vincent Longo answer now due 6/15/2020, re Complaint (Attorney Civil Case Opening), #1 filed by Defendants Future System Pty Ltd; Vincent Longo.(Attorney James C Hildebrand added to party Future System Pty Ltd(pty:dft), Attorney James C Hildebrand added to party Vincent Longo(pty:dft))(Hildebrand, James) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Anthony Longo, upon Defendant Vincent Longo served on 5/18/2020, answer due 6/8/2020. Service of the Summons and Complaint were executed upon Cole - agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (LeJeune, Cody) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Anthony Longo, upon Defendant Future System Pty Ltd served on 5/18/2020, answer due 6/8/2020. Service of the Summons and Complaint were executed upon Cole - agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (LeJeune, Cody) |
| Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Future System Pty Ltd. (es) |
| Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Vincent Longo. (es) |
| Filing 10 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Anthony Longo. (LeJeune, Cody) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Anthony Longo. (LeJeune, Cody) |
| Filing 8 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Anthony Longo. (LeJeune, Cody) |
| Filing 7 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Anthony Longo. (LeJeune, Cody) |
| Filing 6 NOTICE of Interested Parties filed by Plaintiff Anthony Longo, (LeJeune, Cody) |
| Filing 5 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. (lh) |
| Filing 4 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (lh) |
| Filing 3 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Karen E. Scott. (Attachments: #1 CV-11C) (lh) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Anthony Longo. (LeJeune, Cody) |
| Filing 1 COMPLAINT Receipt No: ACACDC-26271383 - Fee: $400, filed by Plaintiff Anthony Longo. (Attachments: #1 Exhibit Trademark Certifications, #2 Exhibit U.S. Patent No. 9,463,588, #3 Exhibit Australian Trademarks, #4 Exhibit '588 Patent - Claim Chart) (Attorney Cody R LeJeune added to party Anthony Longo(pty:pla))(LeJeune, Cody) |
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