CytoSport, Inc. v. Vital Pharmaceuticals, Inc.
Plaintiff: CytoSport, Inc.
Defendant: Vital Pharmaceuticals, Inc.
Case Number: 2:2008cv02632
Filed: November 4, 2008
Court: US District Court for the Eastern District of California
Office: Trademark Office
County: Sacramento
Presiding Judge: Frank C. Damrell
Presiding Judge: Gregory G. Hollows
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 15:1125 Trademark Infringement (Lanham Act)
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Date Filed Document Text
September 28, 2012 Opinion or Order Filing 231 STIPULATION and ORDER DISMISSING CASE signed by Judge John A. Mendez on 9/28/12. Any and all motions that remain pending on the docket for this action are hereby denied as moot. CASE CLOSED. (Manzer, C)
September 6, 2012 Opinion or Order Filing 223 ORDER signed by Judge John A. Mendez on 9/6/2012 GRANTING CytoSport's 193 Motion for Summary Judgment on VPX's Counter-Claims; DENYING CytoSport's 195 Motion for Summary Judgment on Claims 5 through 8; GRANTING CytoSport's 194 Motion to Exclude the Testimony of Gabriel Gelb; DENYING CytoSport's 196 Motion to Exclude the Testimony of Robert Klein; DENYING VPX's 203 Motion for Emergency Stay. (Michel, G)
May 4, 2012 Opinion or Order Filing 188 ORDER signed by Judge John A. Mendez on 5/3/12 ORDERING that the existing pretrial deadlines are modified as follows: Depositions Completed 6/8/12, Dispositive Motion Filing Deadline 6/12/12, Oppositions to Dispositive Motions Due 6/26/12, Replies in Support of Dispositive Motions Due 7/3/12, Dispositive Motion Hearing Date 7/11/12 at 9:30 a.m., Joint Pretrial Statement Due 8/24/12, Final Pretrial Conference set for 8/31/2012 at 11:00 a.m., and Trial set for 10/15/12 at 9:00 a.m.. (Kastilahn, A)
July 22, 2011 Opinion or Order Filing 172 STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr. on 7/21/2011; Fact Discovery due by 11/14/2011, Designation of Expert Witnesses due by 12/9/2011, Expert Discovery due by 3/23/2012, Dispositive Motion Hearings cut-off on 6/1/2012, Final Pretrial Conference set for 8/3/2012 at 01:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr., Jury Trial set for 10/16/2012 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. (Michel, G)
February 14, 2011 Opinion or Order Filing 168 STIPULATION and ORDER 167 modifying Pretrial dates signed by Judge Frank C. Damrell, Jr. on 2/14/2011. Designation of Expert Witnesses is now due 7/22/2011. Initial Disclosure Reports shall be submitted by 7/29/2011 and Rebuttal Expert Reports by 9/9/2011. Discovery shall be tendered by 9/30/2011. Dispositive Motions is due 11/18/2011. Final Pretrial Conference is RE-SET for 1/13/2012 at 1:30 PM and Jury Trial has been RE-SCHEDULED for 3/13/2012 at 9:00 AM in Courtroom 2 (FCD). (Marciel, M)
November 15, 2010 Opinion or Order Filing 163 ORDER MODIFYING PRETRIAL DATES signed by Judge Frank C. Damrell, Jr on 11/15/10 ORDERING Disclosure of Experts due by 2/15/2011; Disclosure of Rule 26(a) Inital Reports due by 2/22/11; Disclosure of Rebuttal Experts due 3/29/11; Expert Discovery due 4/15/11; Discovery cutoff 4/15/2011; Dispositive Motion hearing cuttoff set for 5/27/2011, Final Pretrial Conference re-set for 7/22/2011 at 02:00 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.., Jury Trial set for 9/27/2011 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Carlos, K)
October 28, 2010 Opinion or Order Filing 157 ORDER MODIFYING PRETRIAL DATES signed by Judge Frank C. Damrell, Jr. on 10/28/2010 ORDERING that Disclosure of Identity of Experts due 11/22/10; Disclosure of Rule 26(a)(2)(B) Initial Expert Reports due 11/29/10; Disclosure of Rebuttal Expert Reports due 12/29/10; Expert Discovery Cut-Off 1/13/11; Discovery Cut-Off 1/13/11; Dispositive Motion Hearing Cut-Off 2/11/11; Final Pretrial Conf. 4/8/11 at 2:00 p.m. ; Trial 6/14/11 at 9:00 a.m. (Zignago, K.)
September 13, 2010 Opinion or Order Filing 155 ORDER signed by Judge Frank C. Damrell, Jr on 9/13/2010 re 154 ORDERING that Disclosure of Identity of Expert ddl 11/1/10; Designation of Expert Witnesses ddl 11/8/2010; Disclosure of Rebuttal Expert Report ddl 12/8/10; Discovery ddl 12/23/2010; Di spositive Motions Hearing ddl 2/11/2011. Final Pretrial Conference set for 4/8/2011 at 02:00 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Trial set for 6/14/2011 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. (Duong, D)
September 8, 2010 Opinion or Order Filing 153 ORDER signed by Judge Frank C. Damrell, Jr on 9/8/10 ORDERING CytoSport shall take the Rule 30(b)(6) deposition of VPX (Jack Owoc) on 9/10/10 starting at 9:00 am in Ft. Lauderdale, Florida; VPX shall take the Rule 30(b)(6) deposition of CytoSport (Bo bbie White) on 9/13/10, starting at 10:00 am in San Francisco, California; CytoSport shall take the deposition of Mark McLeod on 9/158/10, starting at 9:00 am in Ft. Lauderdale, Florida;CytoSport shall take the deposition of Omar Santamaria on 9/15/10, s tarting at 1:00 pm in Ft. Lauderdale, Florida. (Carlos, K)
August 13, 2010 Opinion or Order Filing 150 ORDER signed by Judge Frank C. Damrell, Jr., on 8/13/10 GRANTING 149 Stipulation and Proposed Order; Disclosure of Identify of Experts due BY 9/10/2010; Disclosure of Rule 26(a)(2)(B) Expert Reports due BY 9/17/10, Disclosure of Rebuttal Expert Reports due BY 10/10/10, Expert Discovery Cut-Off due BY 11/1/10 and Discovery Cut-Off DUE by 11/1/10. (Kastilahn, A)
July 19, 2010 Opinion or Order Filing 147 ORDER signed by Judge Frank C. Damrell, Jr on 7/16/2010 GRANTING 146 Stipulation and Proposed Order; Disclosure of Identity of Experts due by 8/10/2010; Disclosure of Rule 26(a)(2)(B) Expert Reports due by 9/10/10, and Disclosure of Rebuttal Expert Reports due by 10/10/10. (Matson, R)
June 24, 2010 Opinion or Order Filing 145 STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 06/24/10 MODIFYING Pretrial Scheduling Order. (Williams, D)
May 10, 2010 Opinion or Order Filing 143 ORDER denying 134 Motion for Reconsideration signed by Judge Frank C. Damrell, Jr on 5/10/10. (Waggoner, D)
March 2, 2010 Opinion or Order Filing 132 ORDER denying 123 Motion for Protective Order signed by Magistrate Judge Gregory G. Hollows on 03/02/2010. (Hollows, Gregory)
December 7, 2009 Opinion or Order Filing 114 ORDER signed by Judge Frank C. Damrell, Jr on 12/7/2009 GRANTING STIPULATION and ORDERING that the Amended Answer, Affirmative Defenses, and Counterclaim,is deemed filed and served on the date of entry of this order; the Third Amended Complaint, is d eemed filed and served on the date of entry of this order; the discovery cut-off date is hereby extended from April 10, 2010, to July 31, 2010; the Motion To Amend Answer And Affirmative Defenses To StateCounterclaims 100 is taken off calendar as moot; and the parties shall have 20 days from on the date of enry of this order to respond to the amended pleadings. (Krueger, M)
April 20, 2009 Opinion or Order Filing 49 STIPULATION and ORDER 46 for page-limit extension signed by Judge Frank C. Damrell, Jr. on 4/20/2009. Defendant VPX may file an Opposition Brief to CytoSport's Motion for Preliminary Injunction of up to 40 pages in length. Further, both parties agree to a 21-page extension for CS's Brief that is on file supporting its Motion for Preliminary Injunction. (Marciel, M)
February 4, 2009 Opinion or Order Filing 21 ORDER FOR SUSPENSION signed by Judge Frank C. Damrell, Jr on 2/4/2009 ORDERING that pursuant to the parties Stipulation all current deadlines in this action, including without limitation, the hearing currently scheduled for Defendant's Motion to Dismiss on 2/20/09, are suspended pending the decision in the United States District Court, Southern District of Florida with regard to the motion to dismiss currently before that Court. Defendant's Motion to Dismiss 15 is VACATED. (Krueger, M)
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Plaintiff: CytoSport, Inc.
Represented By: Glenn W Peterson
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Defendant: Vital Pharmaceuticals, Inc.
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