AFAB Industrial Services, Inc. et al v. Apothio, LLC et al
| CleanWave Labs, LLC, EcoExtraction LLC, AFAB Industrial Services, Inc. and NewBridge Global Ventures, Inc. |
| Apothio, LLC, Trent Jones and Apothio Bakersfield, LLC |
| 1:2019cv01355 |
| September 25, 2019 |
| US District Court for the Eastern District of California |
| Lawrence J O'Neill |
| Jennifer L Thurston |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 26, 2019. A more recent docket listing may be available from PACER.
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| Filing 30 STIPULATION (Joint Stipulation) and Motion to Dismiss with Prejudice by AFAB Industrial Services, Inc., CleanWave Labs, LLC, EcoExtraction LLC, NewBridge Global Ventures, Inc.. (Attachments: #1 Proposed Order)(Goldman, Jeffrey) |
| Filing 29 STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT by Apothio Bakersfield, LLC, Apothio, LLC, Trent Jones. Attorney Xu, Jared C. added. (Xu, Jared) |
Filing 28
MINUTE ORDER (TEXT ENTRY ONLY) On 10/18/19, Defendants filed a request to extend time to respond to the complaint, indicating that the parties are engaged in active settlement discussions. #24 Because the request was not signed by all parties, it does not constitute a stipulation that would operate automatically to extend the deadline pursuant to Local Rule 144(a). Nonetheless, because the request is the first, was filed before the relevant deadline, presents good cause, and is unopposed, the request is GRANTED. The deadline for Defendant to respond to complaint is extended to November 15, 2019 signed by Chief Judge Lawrence J. O'Neill on October 23, 2019. (Munoz, I)
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| Filing 27 SUMMONS RETURNED EXECUTED: Trent Jones served on 10/11/2019, answer due 11/1/2019. (Goldman, Jeffrey) |
| Filing 26 SUMMONS RETURNED EXECUTED: Apothio, LLC served on 10/1/2019, answer due 10/22/2019. (Goldman, Jeffrey) |
| Filing 25 SUMMONS RETURNED EXECUTED: Apothio Bakersfield, LLC served on 9/27/2019, answer due 10/18/2019. (Goldman, Jeffrey) |
| Filing 24 REQUEST for Extension to Respond to Complaint by Apothio Bakersfield, LLC, Apothio, LLC. Attorney Xu, Jared C. added. (Xu, Jared). |
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Filing 23
MINUTE ORDER: (TEXT ENTRY ONLY) The Court's October 7, 2019 Order #22 did not address Plaintiffs' pending request for expedited discovery and trial because all such scheduling matters are referred by Local Rule 302 to the assigned magistrate judge. Any such request should be directed to Magistrate Judge Thurston, either as part of the normal scheduling process or by way of a separate motion signed by Chief Judge Lawrence J. O'Neill on October 9, 2019. (Munoz, I)
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Filing 22
ORDER DENYING MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION AND VACATING PRIOR TRO ORDER IN ITS ENTIRETY signed by Chief Judge Lawrence J. O'Neill on October 7, 2019. (ECF Nos. 8 & 16)(Munoz, I)
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| Filing 21 OPPOSITION by Defendants Apothio Bakersfield, LLC, Apothio, LLC to 10 Minute Order,,,,. Attorney Cohen, Jeffrey A. added. (Attachments: #1 Declaration Declaration of Jared Xu in Support of Defendants' Opposition to Motion for Temporary Restraining Order, Preliminary Injunction, and Expedited Discovery, #2 Declaration Declaration of Dr. Trent Jones in Support of Defendants' Opposition to Motion for Temporary Restraining Order, Preliminary Injunction, and Expedited Discovery, #3 Notice Request for Court to Take Judicial Notice in Support of Opposition to Motion for Temporary Restraining Order, Preliminary Injunction, and Expedited Discovery)(Cohen, Jeffrey) |
| Filing 20 REPLY by AFAB Industrial Services, Inc., CleanWave Labs, LLC, EcoExtraction LLC, NewBridge Global Ventures, Inc. re 17 Minute Order,,,. (Goldman, Jeffrey) |
| Filing 19 NOTICE of Posting Bond by AFAB Industrial Services, Inc., CleanWave Labs, LLC, EcoExtraction LLC, NewBridge Global Ventures, Inc. re #16 Order on Motion for TRO. (Goldman, Jeffrey) |
| Filing 18 AFFIDAVIT re #12 Pro Hac Vice Application and Proposed Order, (Supplement to Pro Hac Vice Application of M. Kelly Tillery) by AFAB Industrial Services, Inc., CleanWave Labs, LLC, EcoExtraction LLC, NewBridge Global Ventures, Inc.. (Goldman, Jeffrey) |
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Filing 17
MINUTE ORDER: (TEXT ENTRY ONLY) Shortly before 3:00 pm today (Friday, October 4, 2019), Counsel for one of the Defendants contacted the Court indicating that he had just become aware of the 10:00 am deadline, set via Minute Order yesterday #8 , to file a response to the TRO Motion. He requested an opportunity to file a response and indicated his position that there were factual inaccuracies in the Plaintiffs' submissions. Having considered Defendant's request in light of the entire record, the Court STAYS the operation of the TRO until 4:00 pm on Monday, October 7, 2019. Defendants shall file any opposition(s) (joint or individual) to the TRO motion in writing on or before 10:00 am Monday, October 7, 2019. Upon review of any such filings, the Court will determine how to proceed. Plaintiffs are directed to serve this Minute Order on Defendants signed by Chief Judge Lawrence J. O'Neill on October 4, 2019. (Munoz, I)
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Filing 16
ORDER GRANTING PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER signed by Chief Judge Lawrence J. O'Neill on October 4, 2019. (Munoz, I)
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| Filing 15 STATEMENT of Notice of Lack of Opposition or Other Response by Plaintiffs AFAB Industrial Services, Inc., CleanWave Labs, LLC, EcoExtraction LLC, NewBridge Global Ventures, Inc. re #8 MOTION for TEMPORARY RESTRAINING ORDER. (Goldman, Jeffrey) |
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Filing 14
ORDER GRANTING #12 Application of Attorney M. Kelly Tillery to Appear PRO HAC VICE for Plaintiffs, AFAB Industrial Services, Inc., CleanWave Labs, LLC, EcoExtraction LLC and NewBridge Global Ventures, Inc., signed by Magistrate Judge Jennifer L. Thurston on 10/4/2019. (Hall, S)
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| Filing 13 AFFIDAVIT re 10 Minute Order,,,, (Proof of Service) by AFAB Industrial Services, Inc., CleanWave Labs, LLC, EcoExtraction LLC, NewBridge Global Ventures, Inc.. (Goldman, Jeffrey) |
| Filing 12 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by AFAB Industrial Services, Inc., CleanWave Labs, LLC, EcoExtraction LLC, NewBridge Global Ventures, Inc. for attorney M. Kelly Tillery to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8500032) (Goldman, Jeffrey) |
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Filing 11
MINUTE ORDER: (TEXT ENTRY ONLY) Plaintiffs are instructed to serve immediately the Minute Order entered earlier this afternoon on Defendants in the same manner(s) used to serve notice of the TRO Motion signed by Chief Judge Lawrence J. O'Neill on October 3, 2019. See ECF No. [8-5]. (Munoz, I)
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Filing 10
MINUTE ORDER: (TEXT ENTRY ONLY) The Court has received and reviewed Plaintiffs' motion for a temporary restraining order ("TRO Motion") #8 . Although such relief is reserved for extraordinary circumstances, the Court believes Plaintiffs' papers make prima facie showings that (1) Defendants improperly and unlawfully are preventing Plaintiffs from accessing Plaintiffs' own equipment, which is presently located at a facility managed by Defendants in Arvin, California; and (2) that this is likely to irreparably harm Plaintiffs' ability to pursue unique and time-sensitive market opportunities that may not present themselves again. Accordingly, Defendants shall file a response to the TRO Motion on or before 10:00 am TOMORROW, Friday, October 4, 2019. In particular, Defendants shall explain why Plaintiffs have been refused entry to the Arvin facility to retrieve the equipment. In light of this Court's extraordinarily busy schedule, the parties are encouraged to meet and confer in an attempt to reach a stipulation to resolve this matter on a more measured schedule signed by Chief Judge Lawrence J. O'Neill on October 3, 2019. (Munoz, I)
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| Filing 9 AFFIDAVIT re #1 Complaint, (Verification of Complaint) by AFAB Industrial Services, Inc., CleanWave Labs, LLC, EcoExtraction LLC, NewBridge Global Ventures, Inc.. (Goldman, Jeffrey) |
| Filing 8 MOTION for TEMPORARY RESTRAINING ORDER by AFAB Industrial Services, Inc., CleanWave Labs, LLC, EcoExtraction LLC, NewBridge Global Ventures, Inc.. Motion Hearing set for 10/7/2019 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Robert Bench, #3 Declaration of Jesse Magallanes, #4 Declaration of Everett L. Farr III, #5 Declaration of Jeffrey M. Goldman, #6 Proposed Order)(Goldman, Jeffrey) |
| Filing 7 PATENT NEW CASE DOCUMENTS ISSUED as to Patent #1:* 10,001,804 B2 * * 7/3/18 * * Mancosky * Patent #2:* 9,469,548 B2 * * 10/18/16 * * Mancosky * Patent #3:* 8,430,968 B2 * * 4/30/13 * * Mancosky et al * Patent #4:* 7,507,014 B1 * * 3/24/09 * * League et al * Patent #5:* 6,627,784 B2 * * 9/30/03 * * Hudson et al *; copy of Complaint and Patent Report emailed to U.S. Office of Patents and Trademarks. Initial Scheduling Conference set for 12/19/2019 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Worksheet, #2 Consent Form, #3 Patent Report, #4 VDRP) (Marrujo, C) |
| Filing 6 SUMMONS ISSUED as to *Apothio Bakersfield, LLC, Apothio, LLC, Trent Jones* with answer to complaint due within *21* days. Attorney *Jeffrey M. Goldman* *Pepper Hamilton LLP* *4 Park Plaza, Suite 1200* *Irvine, CA 92614*. (Marrujo, C) |
| Filing 5 NOTICE OF INTERESTED PARTIES by NewBridge Global Ventures, Inc.. (Goldman, Jeffrey) |
| Filing 4 NOTICE OF INTERESTED PARTIES by EcoXtraction, LLC. (Goldman, Jeffrey) |
| Filing 3 NOTICE OF INTERESTED PARTIES by CleanWave Labs, LLC. (Goldman, Jeffrey) |
| Filing 2 NOTICE OF INTERESTED PARTIES by AFAB Industrial Services, Inc.. (Goldman, Jeffrey) |
| Filing 1 COMPLAINT for Patent Infringement against All Defendants by CleanWave Labs, LLC, AFAB Industrial Services, Inc., EcoXtraction, LLC, NewBridge Global Ventures, Inc.. Attorney Goldman, Jeffrey M. added. (Attachments: #1 Civil Cover Sheet, #2 Report on the Filing or Determination of An Action Regarding a Patent or Trademark)(Goldman, Jeffrey) |
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