G.P.P., Inc. v. Guardian Protection Products, Inc.
Plaintiff: G.P.P., Inc.
Defendant: Guardian Protection Products, Inc.
Case Number: 1:2015cv00321
Filed: February 27, 2015
Court: U.S. District Court for the Eastern District of California
Office: Fresno Office
County: Stanislaus
Presiding Judge: UnassignedDJ
Presiding Judge: Sheila K. Oberto
Nature of Suit: Other Contract
Cause of Action: 28 U.S.C. ยง 1330
Jury Demanded By: Plaintiff
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Date Filed Document Text
March 7, 2025 Opinion or Order Filing 576 ORDER re SETTLEMENT CONFERENCE, signed by Magistrate Judge Sheila K. Oberto on 3/7/2025. Telephonic Pre-Settlement Conference set for 4/11/2025 at 09:00 AM before Magistrate Judge Sheila K. Oberto. Settlement Conference set for 4/17/2025 at 09:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Deputy Clerk WAK)
February 14, 2025 Opinion or Order Filing 572 ORDER FOLLOWING REMAND, signed by Magistrate Judge Sheila K. Oberto on 2/14/2025, Telephonic Status Conference set for 2/26/2025 at 02:00 PM before Magistrate Judge Sheila K. Oberto. (Deputy Clerk WAK)
December 11, 2023 Opinion or Order Filing 553 ORDER VACATING HEARING AND DENYING DEFENDANTS' MOTION FOR RECONSIDERATION. Order signed by Magistrate Judge Sheila K. Oberto on 12/11/2023. (Kusamura, W)
November 30, 2023 Opinion or Order Filing 549 STIPULATION AND ORDER SHORTENING TIME ON APPLICATION FOR RECONSIDERATION. Order signed by Magistrate Judge Sheila K. Oberto on 11/29/2023, 546 MOTION for RECONSIDERATION re 545 Order on Motion for Attorney Fees, : Motion Hearing set for 12/27/2023 is ADVANCED to 12/13/2023 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Kusamura, W)
November 15, 2023 Opinion or Order Filing 545 ORDER RE CROSS MOTIONS FOR ATTORNEY'S FEES. Order signed by Magistrate Judge Sheila K. Oberto on 11/15/2023. (Kusamura, W)
August 17, 2023 Opinion or Order Filing 530 STIPULATION and ORDER REGARDING BILL OF COSTS AND FEE MOTIONS. Order signed by Magistrate Judge Sheila K. Oberto on 08/17/2023. (Nguyen, J)
March 18, 2022 Opinion or Order Filing 508 ORDER DENYING PLAINTIFF'S JOINT MOTION FOR A NEW TRIAL AND RENEWED JUDGMENT AS A MATTER OF LAW. Order signed by Magistrate Judge Sheila K. Oberto on 3/17/2022. (Kusamura, W)
February 4, 2022 Opinion or Order Filing 507 STIPULATION and ORDER REGARDING BILL OF COSTS AND FEE MOTIONS. Order signed by Magistrate Judge Sheila K. Oberto on 2/3/2022. (Kusamura, W)
December 21, 2021 Opinion or Order Filing 501 STIPULATION AND ORDER REGARDING DEADLINE FOR BILL OF COSTS. Order signed by Magistrate Judge Sheila K. Oberto on 12/21/2021. (Kusamura, W)
December 13, 2021 Opinion or Order Filing 499 FINAL JUDGMENT IN A CIVIL ACTION. (Kusamura, W)
December 1, 2021 Opinion or Order Filing 463 ORDER ON MOTIONS IN LIMINE. Order signed by Magistrate Judge Sheila K. Oberto on 12/1/2021. (Kusamura, W)
November 19, 2021 Opinion or Order Filing 450 ORDER GRANTING DEFENDANT GUARDIAN PROTECTION PRODUCTS, INC.'S UNOPPOSED REQUEST TO SEAL DOCUMENTS IN ACCORDANCE WITH LOCAL RULE 141. Order signed by Magistrate Judge Sheila K. Oberto on 11/19/2021. (Kusamura, W)
October 27, 2021 Opinion or Order Filing 446 ORDER DENYING 444 Motion for Reconsideration, signed by Magistrate Judge Sheila K. Oberto on 10/27/2021. (Kusamura, W)
June 24, 2021 Opinion or Order Filing 423 ORDER SETTING BRIEFING SCHEDULE AND RESETTING PRETRIAL CONFERENCE AND TRIAL; The Pretrial Conference is SET for October 13, 2021, at 2:30 P.M. before the Honorable Sheila K. Oberto, United States Magistrate Judge. Jury trial is SET for December 7, 2021, at 8:30 a.m. in Courtroom 7 before the Honorable Sheila K. Oberto, United States Magistrate Judge. Order signed by Magistrate Judge Sheila K. Oberto on 6/24/2021. (Kusamura, W)
April 19, 2021 Opinion or Order Filing 418 ORDER RE SETTLEMENT CONFERENCE signed by Magistrate Judge Stanley A. Boone on 4/19/2021.(Gonzales, V)
March 11, 2021 Opinion or Order Filing 413 ORDER RE: DEFENDANT'S MOTION FOR RECONSIDERATION OF JANUARY 15, 2021 ORDER, OR ALTERNATIVELY TO CERTIFY FOR INTERLOCUTORY APPEAL PURSUANT TO 28 U.S.C. § 1292(b) Doc. 405 ); ORDER VACATING PRETRIAL CONFERENCE AND BRIEFING SCHEDULE Order signed by Magistrate Judge Sheila K. Oberto on 3/10/2021. (Kusamura, W)
January 20, 2021 Opinion or Order Filing 404 STIPULATION and ORDER REGARDING EXPERT DISCOVERY, signed by Magistrate Judge Sheila K. Oberto on 1/20/2021. (Kusamura, W)
January 15, 2021 Opinion or Order Filing 402 ORDER RE: SCOPE OF TRIAL, SETTING BRIEFING SCHEDULE, AND RESETTING PRETRIAL CONFERENCE; Pretrial Conference set for 6/30/2021 at 02:30 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 1/14/2021. (Kusamura, W)
November 2, 2020 Opinion or Order Filing 398 ORDER DENYING 393 Motion for Sanction. Order signed by Magistrate Judge Sheila K. Oberto on 11/2/2020. (Kusamura, W)
October 5, 2020 Opinion or Order Filing 392 ORDER GRANTING EX PARTE MOTION TO MODIFY SCHEDULING ORDER: Discovery due by 11/20/2020, Pretrial Conference currently set for 11/4/2020 is continued to to 1/13/2021 at 03:30 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 10/5/2020. (Kusamura, W)
August 19, 2020 Opinion or Order Filing 388 ORDER DENYING Plaintiff's 379 Motion for Reconsideration. Order signed by Magistrate Judge Sheila K. Oberto on 8/18/2020. (Kusamura, W)
August 13, 2020 Opinion or Order Filing 386 ORDER EXTENDING DEADLINE FOR REOPENED DISCOVERY AND CONTINUING PRETRIAL CONFERENCE; Discovery due by 10/6/2020, Pretrial Conference currently set for 9/2/2020 is continued to 11/4/2020 at 03:30 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 8/12/2020. (Kusamura, W)
July 31, 2020 Opinion or Order Filing 382 ORDER RE: DEADLINE FOR REOPENED DISCOVERY. Order signed by Magistrate Judge Sheila K. Oberto on 7/31/2020. (Kusamura, W)
July 9, 2020 Opinion or Order Filing 378 ORDER re: DISCOVERY: Pretrial Conference currently set for 7/22/2020 is re-set for 9/2/2020 at 02:30 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Jury Trial set for 9/8/2020 is VACATED. Order signed by Magistrate Judge Sheila K. Oberto on 7/9/2020. (Kusamura, W)
June 19, 2020 Opinion or Order Filing 372 ORDER FOLLOWING INFORMAL DISCOVERY DISPUTE CONFERENCE. The parties SHALL meet and confer to narrow the scope of their dispute with respect to the 27 document requests and 14 deposition examination topics currently at issue. Should the parties require more time to meet and confer and/or complete this discovery, the Court will consider enlarging the case schedule to accommodate their request. Finally, to the extent any dispute remains as to this discovery, the parties SHALL proceed as set forth in this Court's Local Rule 251. Order signed by Magistrate Judge Sheila K. Oberto on 6/19/2020. (Apodaca, P)
May 26, 2020 Opinion or Order Filing 366 ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO SUPPLEMENT THE COMPLAINT, signed by Magistrate Judge Sheila K. Oberto on 5/22/2020. (Kusamura, W)
January 22, 2020 Opinion or Order Filing 356 ORDER RE SETTLEMENT CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 1/22/2020. (Hall, S)
January 17, 2020 Opinion or Order Filing 355 ORDER FOLLOWING TELEPHONIC CONFERENCE: Settlement Conference set for 3/19/2020 at 01:30 PM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston; Pretrial Conference set for 7/22/2020 at 03:30 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto.; Jury Trial set for 9/8/2020 at 08:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, signed by Magistrate Judge Sheila K. Oberto on 1/17/2020. (Kusamura, W)
December 13, 2019 Opinion or Order Filing 349 ORDER FOLLOWING REMAND: Telephonic Conference is set for 1/9/2020 at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, signed by Magistrate Judge Sheila K. Oberto on 12/13/2019. (Kusamura, W)
February 16, 2018 Opinion or Order Filing 341 ORDER STAYING and HOLDING IN ABEYANCE PARTIES' BILLS OF COSTS and MOTIONS FOR ATTORNEY'S FEES and VACATING MOTION HEARINGS ( 312 , 313 , 314 , 338 , 339 ). The motion hearings currently set for March 14, 2018, and March 21, 2018, respectively, before the undersigned are hereby VACATED. Order signed by Magistrate Judge Sheila K. Oberto on 2/16/2018. (Timken, A)
January 16, 2018 Opinion or Order Filing 334 AMENDED FINAL JUDGMENT IN A CIVIL ACTION. (Timken, A)
January 10, 2018 Opinion or Order Filing 333 ORDER DENYING GIS's Renewed Motion For Judgment As A Matter Of Law As Moot. 319 Order signed by Magistrate Judge Sheila K. Oberto on 1/9/2018. (Timken, A)
October 3, 2017 Opinion or Order Filing 311 FINAL JUDGMENT IN A CIVIL ACTION. (Lundstrom, T)
September 27, 2017 Opinion or Order Filing 310 FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING EQUITABLE ISSUES. The Court FINDS that the Four Equitable Issues, (see Doc. 301 at 3), are moot. The Court, therefore, shall not render determinations on the merits regarding the Four Equitable Issues. Order signed by Magistrate Judge Sheila K. Oberto on 9/26/2017. (Timken, A)
September 1, 2017 Opinion or Order Filing 309 ORDER DENYING 302 Defendants' Motion to Amend the Judgment. Order signed by Magistrate Judge Sheila K. Oberto on 8/31/2017. (Timken, A)
July 12, 2017 Opinion or Order Filing 299 ORDER GRANTING PLAINTIFF'S REQUEST FOR CLARIFICATION. The Court GRANTS the Motion, (Doc. 297), insofar as Plaintiff requests a clarification of the Judgment. The Court further finds that the Judgment, (Doc. 288), is not a final judgment under Federal Rule of Civil Procedure 54(a). The Court shall enter a final judgment, if appropriate, following its determinations as to the remaining equitable issues referenced in the Court's July 7, 2017 order. (See Doc. 296.) Order signed by Magistrate Judge Sheila K. Oberto on 7/12/2017. (Timken, A)
June 30, 2017 Opinion or Order Filing 288 JUDGMENT dated *6/29/2017*. (Timken, A)
May 9, 2017 Opinion or Order Filing 200 ORDER DENYING 184 Defendants' Successive Motion for Partial Summary Judgment. Order signed by Magistrate Judge Sheila K. Oberto on 5/9/2017. (Timken, A)
May 3, 2017 Opinion or Order Filing 193 ORDER STRIKING a Portion of Plaintiff's Brief in Response to the Court's Order. Order signed by Magistrate Judge Sheila K. Oberto on 5/3/2017. (Timken, A)
March 31, 2017 Opinion or Order Filing 183 ORDER PERMITTING LIMITED SUCCESSIVE SUMMARY JUDGMENT MOTIONS. The deadline for any additional motion for summary judgment is April 20, 2017. The deadline for an opposition to any additional motion for summary judgment is April 27, 2017. The deadli ne for a reply in support of any additional motion for summary judgment is May 2, 2017. If a party files an additional motion for summary judgment, the Court shall hold a hearing regarding these additional motionsif such will aid the Court in the de cisional processon May 4, 2017, at 9:00 a.m. The deadline for the parties to submit their joint pretrial statement is continued to May 12, 2017; and to afford an opportunity for potential additional motions for summary judgment, the trial date in this matter is continued to June 20, 2017, at 08:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 3/30/2017. (Timken, A)
March 14, 2017 Opinion or Order Filing 177 ORDER on Motions in Limine, 165 & 166 , Additional Discovery, Trial Date, and Joint Pretrial Statement. The Jury Trial is RESET for 6/7/2017, at 08:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties shall file a revised joint pretrial statement by no later the 4/17/2017. Order signed by Magistrate Judge Sheila K. Oberto on 3/14/2017. (Timken, A)
February 21, 2017 Opinion or Order Filing 161 ORDER GRANTING IN PART and DENYING IN PART the Parties' Motions for Reconsideration 143 and 147 . The Court RECONSIDERS its Order, (Doc. 133), only to the following limited extent: (1) Guardian's motion for summary judgm ent, (Doc. 92), is GRANTED insofar as Guardian seeks summary judgment on its request in its First Counterclaim for a declaration that EFPPs are not within the scope of the Cook County Agreement; (2) the Court FINDS that the Bob's Discount Fur niture Agreement was not a valid contract as it relates to Guardian's sales of products to Bob's Discount Furniture in the geographic areas covered by the Cook County Agreement; and (3) the Court FINDS that the issue of whether the dream GUARD products are "competing products" under the Agreements presents genuine issues of material fact. The Court DENIES the remainder of both Guardian's Motion, (Doc. 143), and GIS's Motion, (Doc. 147). Order signed by Magistrate Judge Sheila K. Oberto on 2/21/2017. (Timken, A)
February 8, 2017 Opinion or Order Filing 156 ORDER Regarding Settlement Conference Procedures signed by Magistrate Judge Erica P. Grosjean on 2/8/2017. (Rooney, M)
February 3, 2017 Opinion or Order Filing 154 PRETRIAL ORDER. Motion in Limine Hearing set for 3/13/2017, at 03:00 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Trial remains set for 3/21/2017. Order signed by Magistrate Judge Sheila K. Oberto on 2/3/2017. (Thorp, J)
January 18, 2017 Opinion or Order Filing 136 ORDER Regarding Settlement Conference (set for January 31, 2017 at 10:00 am before Judge McAuliffe). PERSONAL Appearance by Plaintiff and Defense Counsel Required. A prior settlement conference has been conducted in this case. The parties must inform the Court in their confidential settlement statements how the changed circumstances in the case affect the potential of settlement. signed by Magistrate Judge Barbara A. McAuliffe on 1/18/2017. (Herman, H)
November 2, 2016 Opinion or Order Filing 90 ORDER GRANTING 89 . GIS's Memorandum of Law in support of its Motion for Summary Judgment, and Guardian's Opposition Memorandum, shall not exceed 40 pages. GIS's Reply Memorandum shall not exceed 15 pages. Order signed by Magistrate Judge Sheila K. Oberto on 11/2/2016. (Timken, A)
August 22, 2016 Opinion or Order Filing 82 ORDER to EXTEND the Deadline of Defendant Guardian Protection Products, Inc. to File an Answer to the Second Amended Complaint. Order signed by Magistrate Judge Sheila K. Oberto on 8/21/2016. (Timken, A)
August 17, 2016 Opinion or Order Filing 79 STIPULATION and ORDER re Extending Expert Witness Discovery Deadline for the Taking of of Agreed Upon Expert Witness Depositions 75 . The expert discovery deadline is extended to September 15, 2016, for the depositions of (1) Peter Wrobel; and (2) Karl Schulze. Order signed by Magistrate Judge Sheila K. Oberto on 8/17/2016. (Timken, A)
July 27, 2016 Opinion or Order Filing 66 ORDER GRANTING 57 Plaintiff's Motion to Amend and to Modify the Scheduling Order. Order signed by Magistrate Judge Sheila K. Oberto on 7/27/2016. (Timken, A)
July 25, 2016 Opinion or Order Filing 65 ORDER after follow-up informal discovery dispute conference. Order signed by Magistrate Judge Sheila K. Oberto on 7/24/2016. (Timken, A)
July 8, 2016 Opinion or Order Filing 60 ORDER (Informational) and setting a Further Telephonic Discovery Disoute Conference is set for 7/22/2016 at 09:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, signed by Magistrate Judge Sheila K. Oberto on 7/8/2016. (The parties shall call the Court at 888-557-8511, access code 6208204#, at the appointment time.)(Kusamura, W)
June 20, 2016 Opinion or Order Filing 56 ORDER. A further telephonic discovery dispute conference is set for July 7, 2016, at 10:00 a.m. in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties shall coordinate with each other and place one conference call to the Court at 559-499-5790 at the appointment time. Order signed by Magistrate Judge Sheila K. Oberto on 6/20/2016. (Timken, A)
June 3, 2016 Opinion or Order Filing 52 ORDER on Joint Stipulation Re: Extending Fact Witness Discovery Deadline for the Taking of Agreed Upon Fact Witness Depositions and Extending Expert Disclosure Deadlines. The deadline for fact discovery is extended to June 30, 2016, for the followin g depositions: (1) Charles Gibson, Sr., (2) Debbie Gibson; (3) Frank Gibson; (4) Christopher Nolan; (5) Christopher Taylor; (6) Darrin Lease; and (7) the second FRCP 30(b)(6) deposition of Defendant Guardian, based on the deposition notice served on April 26, 2016. The expert disclosure deadline is extended to July 1, 2016. The supplemental expert disclosures deadline is extended to July 15, 2016. These modifications do not change any other existing scheduling deadlines, including the pretrial conference and trial dates. Order signed by Magistrate Judge Sheila K. Oberto on 6/3/2016. (Timken, A)
January 13, 2016 Opinion or Order Filing 45 STIPULATION and PROTECTIVE ORDER, signed by Magistrate Judge Sheila K. Oberto on 1/13/2016. (Timken, A)
August 14, 2015 Opinion or Order Filing 38 ORDER DENYING GIS' MOTION FOR CLARIFICATION AND ALTERNATIVE REQUEST FOR CERTIFICATION OF INTERLOCUTORY APPEAL 32 . Order signed by Magistrate Judge Sheila K. Oberto on 8/14/2015. (Timken, A)
June 30, 2015 Opinion or Order Filing 30 ORDER DENYING In Part and GRANTING In Part 16 Defendant's Motion to Dismiss. 1) Guardian's motion to dismiss under Rule 12(b)(1) is DENIED; 2) Guardian's motion to dismiss Plaintiff's First, Second, Third, an d Fourth Causes of Action under Rule 12(b)(6) is DENIED; 3) GIS' Sixth, Seventh, Eighth, and Ninth Causes of Action are DISMISSED pursuant to Rule 12(b)(6) without prejudice and with leave to amend; 4) GIS' Tenth and Eleventh Causes of Action are DISMISSED with prejudice and without leave to amend; and5) GIS may file an amended complaint within 14 days of the date of this order. Order signed by Magistrate Judge Sheila K. Oberto on 6/30/2015. (Timken, A)
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Search for this case: G.P.P., Inc. v. Guardian Protection Products, Inc.
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Plaintiff: G.P.P., Inc.
Represented By: Dylan J. Liddiard
Represented By: Michael J. Lockerby, PHV
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Defendant: Guardian Protection Products, Inc.
Represented By: Calvin E. Davis
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