Martinez v. CPG Finance II, LLC et al
Tony Martinez |
Guess ?, Inc. Doing business as Guess Factory Store #3224, Kenneth Cole Productions, Inc. Doing business as Kenneth Cole #5146, PVH Retail Stores, Inc. Doing business as Calvin Klein #118, Phillips-Van Heusen Corporation Doing business as Van Heusen #172, The Gap, Inc. Doing business as Gap Outlet #7791, Adidas America, Inc. Doing business as Adidas #6128, Polo California, LLC Doing business as Polo Factory Store #141, VF Outdoor, Inc. Doing business as Vans #054, Banana Republic, LLC Doing business as Banana Republic Factory Store #1720, Nike Retail Services, Inc. Doing business as Nike #0072, Eddie Bauer, a Delaware LLC Doing business as Eddie Bauer Outlet #R-867, Reebok Corporate Headquarter Doing business as Reebok/Rockport #20, Puma North America, Inc. Doing business as Puma, Columbia Sportswear USA Corp. Doing business as Columbia Sportswear Company #446, Levi Strauss & Co. Doing business as Levi's Outlet Store #421, Nautica Retail USA, Inc. Doing business as Nautica of Vacaville #00132, Converse, Inc. Doing business as The Converse Outlet Store #3750, Jockey International Global, Inc. Doing business as The Jockey Store #020, Ecko Direct, LLC Doing business as Ecko Unlimited Outlet #0141, New Balance Athletic Shoe, Inc. Doing business as New Balance #0015 and CPG Finance II, LLC |
2:2010cv01333 |
May 29, 2010 |
US District Court for the Eastern District of California |
Sacramento Office |
Sacramento |
Garland E Burrell |
Kendall J Newman |
Civil Rights: Americans with Disabilities - Other |
42 U.S.C. § 12101 |
Defendant |
Docket Report
This docket was last retrieved on February 24, 2014. A more recent docket listing may be available from PACER.
Document Text |
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Filing 175 USCA MANDATE as to #103 Notice of Appeal: The judgment of this Court, entered 1/28/2014, takes effect this date. (Michel, G) |
Filing 174 MANDATE as to #163 Notice of Appeal: The judgment of this Court, entered January 28, 2014, takes effect this date.This constitutes the formal mandate of this Court issued pursuant to Rule41(a) of the Federal Rules of Appellate Procedure. Costs are taxed against the appellant in the amount of $54.40. (Kastilahn, A) |
Filing 173 USCA MEMORANDUM as to #103 Notice of Appeal filed by Tony Martinez, #163 Notice of Appeal filed by Tony Martinez. The decision of the District Court is Affirmed. (Kaminski, H) |
Filing 172 ORDER DENYING REQUESTS TO TAX COSTS signed by Judge Garland E. Burrell, Jr on 7/19/12. (Kaminski, H) |
Filing 171 ORDER signed by Judge Garland E. Burrell, Jr. on 7/13/2012 ORDERING #159 , #160 Each Defendant's motion for attorney fees is DENIED. (Reader, L) |
Filing 170 MINUTE ORDER: The Motions for Attorney Fees, scheduled for hearing on 7/2/12, are submitted without oral argument. There will not be a hearing on 7/2/12, and no appearance is necessary. re #160 Motion for Attorney Fees, #159 Motion for Attorney Fees, Ordered by Judge Garland E. Burrell, Jr on 6/27/12. (Furstenau, S) |
Filing 169 REPLY in support of #159 and #160 motion for attorney fees and Litigation Expenses by Columbia Sportswear USA Corp., Eddie Bauer, a Delaware LLC . (Meer, Jon) Modified on 6/27/2012 (Beckknal, R). |
Filing 168 USCA CASE NUMBER 12-16331 for #163 Notice of Appeal filed by Tony Martinez. (Zignago, K.) |
Filing 167 OPPOSITION by Tony Martinez to #159 and #160 Motion for Attorney fees and Litigation Expenses. (Hubbard, Lynn) Modified on 6/19/2012 (Becknal, R). |
Filing 166 TRANSCRIPT of Proceedings held on 4-2-12, before Judge Garland E. Burrell, Jr, filed by Court Reporter Michelle Babbitt, E-mail mbabbitt@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through Reporter Babbitt or PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/5/2012. Redacted Transcript Deadline set for 7/16/2012. Release of Transcript Restriction set for 9/13/2012. (Babbitt, M) |
Filing 165 APPEAL PROCESSED to Ninth Circuit re #163 Notice of Appeal filed by Tony Martinez. Filed dates for Notice of Appeal *6/6/2012*, Complaint *5/29/2010* and Appealed Order / Judgment *5/9/2012*. Court Reporter: *ECRO*. *Fee Status: Paid on 6/7/2012 in the amount of $455.00* ** (Attachments: #1 Appeal Information) (Kastilahn, A) |
RECEIPT number #CAE200045009 $455.00 fbo Tony Martinez #163 Notice of Appeal by Disabled Advocacy Group on 6/7/2012. (Benson, A.) |
Filing 163 NOTICE of APPEAL by Tony Martinez as to #155 Order on Motion for Summary Judgment, Order on Motion to Strike, and #156 Judgment. (Attachments: #1 Civil Appeals Docketing Statement)(Hubbard, Lynn) Modified on 6/7/2012 (Kastilahn, A). |
Filing 162 OBJECTIONS by Plaintiff Tony Martinez to #158 Bill of Costs Submitted. (Hubbard, Lynn) |
Filing 161 OBJECTIONS by Plaintiff Tony Martinez to #157 Bill of Costs Submitted. (Hubbard, Lynn) |
Filing 160 MOTION for ATTORNEY FEES and Litigation Expenses by Columbia Sportswear USA Corp. Motion Hearing set for 7/2/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Declaration of Jon D. Meer in Support, #3 Proposed Order)(Meer, Jon) Modified on 5/24/2012 (Meuleman, A). |
Filing 159 MOTION for ATTORNEY FEES and Litigation Expenses by Eddie Bauer, a Delaware LLC. Motion Hearing set for 7/2/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Declaration of Jon D. Meer in Support, #3 Proposed Order)(Meer, Jon) Modified on 5/24/2012 (Meuleman, A). |
Filing 158 BILL of COSTS SUBMITTED by Columbia Sportswear USA Corp.. (Villamor, Myra) |
Filing 157 BILL of COSTS SUBMITTED by Eddie Bauer, a Delaware LLC. (Villamor, Myra) |
Filing 156 JUDGMENT dated *5/9/12* in favor of Defendants against Plaintiff pursuant to order signed by Judge Garland E. Burrell, Jr on 5/8/12. (Manzer, C) |
Filing 155 ORDER signed by Judge Garland E. Burrell, Jr on 5/8/12 GRANTING remaining defendants' #125 and #126 Motions for Summary Judgment. Plaintiff's state claims are dismissed without prejudice. CASE CLOSED. (Manzer, C) |
Filing 154 NOTICE of Lodging Transcript by Tony Martinez re #146 Transcript,,. (Hubbard, Scottlynn) |
Filing 153 MINUTES (Text Only) for proceedings held before Judge Garland E. Burrell, Jr: MOTION HEARING held on 4/2/2012. The Cross-Motions for Summary Judgment and Motions to Strike were submitted. Plaintiffs Counsel Daniel Watts present. Defendants Counsel Myra Villamor present. Court Reporter/CD Number: Michelle Babbitt. (Furstenau, S) |
Filing 152 MINUTE ORDER: Counsel shall immediately provide a courtesy copy of Plaintiff's entire deposition, upon which both rely, as required by Local Rule 133(j). Ordered by Judge Garland E. Burrell, Jr on 3/30/12. (Furstenau, S) |
Filing 151 REPLY to #141 Opposition to #138 Motion to Strike by Columbia Sportswear USA Corp. (Meer, Jon) Modified on 3/27/2012 (Michel, G). |
Filing 150 REPLY #142 Opposition to #136 Motion to Strike by Eddie Bauer, a Delaware LLC. (Meer, Jon) Modified on 3/27/2012 (Michel, G). |
Filing 149 REPLY to #145 Opposition to #133 Cross-Motion for Summary Judgment or, in the alternative, Partial Summary Judgment by Tony Martinez. (Attachments: #1 Exhibit A (Plaintiff's Opposition to Defendant's Motion to Strike/Evidentiary Objections)) (Hubbard, Lynn) Modified on 3/27/2012 (Michel, G). |
Filing 148 NOTICE of Errata re #147 Reply by Tony Martinez. (Attachments: #1 Exhibit A) (Hubbard, Lynn) Modified on 3/27/2012 (Michel, G). |
Filing 147 REPLY to #144 Opposition to #131 Motion forSummary Judgment by Tony Martinez. (Attachments: #1 Exhibit A) (Hubbard, Lynn) Modified on 3/27/2012 (Michel, G). |
Filing 146 TRANSCRIPT of Plaintiff's Motion to Compel Proceedings held on 06/09/2011, before Magistrate Judge Kendall J. Newman. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 4/16/2012. Redacted Transcript Deadline set for 4/26/2012. Release of Transcript Restriction set for 6/25/2012 filed by ECRO Jonathan Anderson, Phone number 916-930-4072 E-mail janderson@caed.uscourts.gov. (Anderson, J) |
Filing 145 NOTICE of Errata Re: Defendant Eddie Bauer LLC's Evidentiary Objections to Declarations Submitted by Plaintiff in Support of His Motion for Summary Judgment and in Support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment by Eddie Bauer, a Delaware LLC re #143 Opposition to Motion,. (Meer, Jon) |
Filing 144 OPPOSITION by Columbia Sportswear USA Corp. to plaintiff's #131 Cross-Motion for Summary Judgment. (Attachments: #1 Declaration of Myra B. Villamor, #2 Declaration of Carol Lopez, #3 Response to Statement of Undisputed Facts, #4 Evidentiary Objections to Declarations submitted) (Meer, Jon) Modified on 3/20/2012 (Marciel, M). |
Filing 143 OPPOSITION by Eddie Bauer, a Delaware LLC to #133 Motion for Summary Judgment. (Attachments: #1 Declaration of Myra B. Villamor in support, #2 Response to Statement of Undisputed Facts, #3 Evidentiary Objections to Declarations submitted) (Meer, Jon) Modified on 3/20/2012 (Marciel, M). |
Filing 142 OPPOSITION by Tony Martinez to #136 Motion to Strike. (Hubbard, Lynn) Modified on 3/20/2012 (Marciel, M). |
Filing 141 OPPOSITION by Tony Martinez to #138 Motion to Strike. (Hubbard, Lynn) Modified on 3/20/2012 (Marciel, M). |
Filing 140 OBJECTIONS to #138 Motion to Strike by Plaintiff Tony Martinez. (Hubbard, Lynn) Modified on 3/14/2012 (Michel, G). |
Filing 139 OBJECTIONS to #136 Motion to Strike by Plaintiff Tony Martinez. (Hubbard, Lynn) Modified on 3/14/2012 (Michel, G). |
Filing 138 MOTION to STRIKE or in the alternative, OBJECTIONS to #130 , #131 , #132 , #133 Declarations of Joe Card by Columbia Sportswear USA Corp. Motion Hearing SET for 4/2/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Attachments: #1 Proposed Order) (Meer, Jon) Modified on 3/13/2012 (Michel, G). |
Filing 137 REPLY in SUPPORT of #126 Motion for Summary Judgment by Columbia Sportswear USA Corp. (Attachments: #1 Declaration of Myra B. Villamor, #2 Declaration of Carol Lopez) (Meer, Jon) Modified on 3/13/2012 (Michel, G). |
Filing 136 MOTION to STRIKE, or in the alternative, OBJECTIONS to #130 , #131 , #132 , #133 Declarations of Joe Card and Ron Wilson by Eddie Bauer, a Delaware LLC. Motion Hearing SET for 4/2/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Attachments: #1 Proposed Order) (Meer, Jon) Modified on 3/13/2012 (Michel, G). |
Filing 135 REPLY in SUPPORT of #125 Motion for Summary Judgment by Eddie Bauer, a Delaware LLC. (Attachments: #1 Declaration of Myra B. Villamor) (Meer, Jon) Modified on 3/13/2012 (Michel, G). |
Filing 134 MINUTE ORDER: The motions for summary judgment, scheduled for hearing on 3/19/12, are rescheduled for 4/2/12, at 9:00 a.m. Oppositions to the cross motions for summary judgment are due 3/19/12, replies due 3/26/12. Replies to oppositions (docket #'s 130 & 132) are due 3/12/12. re #126 Motion for Summary Judgment, #133 Motion for Summary Judgment, #125 Motion for Summary Judgment, #131 Motion for Summary Judgment. Ordered by Judge Garland E. Burrell, Jr on 2/28/12. (Furstenau, S) |
Filing 133 CROSS-MOTION for SUMMARY JUDGMENT or, in the alternative, PARTIAL SUMMARY JUDGMENT by Tony Martinez. Motion Hearing set for 3/19/2012 at 9:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: #1 Points and Authorities in support, #2 Statement of Undisputed Facts, #3 Declaration of Expert Joe Card, #4 Declaration of Peter Leonard and Exhibit A (deposition transcript excerpts), #5 Declaration of Ron Wilson, #6 Exhibit A to Declaration of Ron Wilson, #7 Declaration of Peter Leonard (supplemental)) (Hubbard, Lynn) Modified on 3/20/2012 (Marciel, M). |
Filing 132 OPPOSITION by Tony Martinez to #125 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Statement Plaintiff's response to defendant's statement of undisputed facts, #2 Declaration of Peter Leonard and Exhibit A (deposition transcript excerpts), #3 Declaration Supplemental Decl of Peter Leonard, #4 Declaration of Ron Wilson, #5 Exhibit A to Ron Wilson Declaration, #6 Declaration of Expert Joe Card)(Hubbard, Lynn) |
Filing 131 MOTION for SUMMARY JUDGMENT by Tony Martinez. Motion Hearing set for 3/19/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: #1 Points and Authorities, #2 Declaration of Joe Card, #3 Declaration of Peter Leonard, #4 Statement of Undisputed Facts, #5 Proposed Order)(Hubbard, Lynn) |
Filing 130 OPPOSITION by Tony Martinez to #126 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Declaration of Joe Card, #2 Declaration of Peter Leonard, #3 Plaintiff's response to Columbia's statement of undisputed facts)(Hubbard, Lynn) |
Filing 129 ORDER signed by Judge Garland E. Burrell, Jr on 2/16/2012 DENYING #118 and #119 Motions to Strike or in the alternative for partial summary judgment.(Donati, J) |
Filing 128 REPLY by Tony Martinez re #121 Opposition to Motion, #119 MOTION to STRIKE Columbia Sportswear's affirmative defenses, for partial summary judgment in the alternative. (Hubbard, Lynn) |
Filing 127 REPLY by Tony Martinez re #120 Opposition to Motion, #118 MOTION to STRIKE Defendant Eddie Bauer's Affirmative Defenses, Motion for partial summary judgment in alternative. (Hubbard, Lynn) |
Filing 126 MOTION for SUMMARY JUDGMENT by Columbia Sportswear USA Corp.. Motion Hearing set for 3/19/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: #1 Memorandum of Points and Authorities, #2 Statement of Uncontroverted Facts and Conclusions of Law in Support, #3 Declaration of Myra B. Villamor in Support, #4 Declaration of Carol Lopez in Support, #5 Proposed Order)(Meer, Jon) Modified on 2/9/2012 (Kaminski, H). |
Filing 125 MOTION for SUMMARY JUDGMENT by Eddie Bauer, a Delaware LLC. Motion Hearing set for 3/19/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: #1 Memorandum of Points and Authorities, #2 Statement of Uncontroverted Facts and Conclusions of Law in Support, #3 Declaration of Myra B. Villamor in Support, #4 Proposed Order)(Meer, Jon) Modified on 2/9/2012 (Kaminski, H). |
Filing 124 MINUTE ORDER: The Motions for Summary Judgment, noticed for hearing on 3/13/12, are vacated. 3/13/12 is not a law and motion hearing date for Judge Burrell. The motions must be noticed for hearing on one of Judge Burrell's available law and motion hearing dates. re #123 Motion for Summary Judgment, #122 Motion for Summary Judgment, Ordered by Judge Garland E. Burrell, Jr on 2/8/12. (Furstenau, S) |
Filing 123 COUNTER-MOTION for SUMMARY JUDGMENT by Columbia Sportswear USA Corp.. Motion Hearing set for 3/13/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: #1 Memorandum of Points and Authorities, #2 Statement of Uncontroverted Facts and Conclusions of Law, #3 Declaration of Myra B. Villamor, #4 Declaration of Carol Lopez, #5 Proposed Order)(Meer, Jon) Modified on 2/7/2012 (Kaminski, H). |
Filing 122 COUNTER-MOTION for SUMMARY JUDGMENT by Eddie Bauer, a Delaware LLC. Motion Hearing set for 3/13/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: #1 Memorandum of Points and Authorities, #2 Statement of Uncontroverted Facts and Conclusions of Law, #3 Declaration of Myra B. Villamor #4 Proposed Order)(Meer, Jon) Modified on 2/7/2012 (Kaminski, H). |
Filing 121 OPPOSITION by Columbia Sportswear USA Corp. to #119 MOTION to STRIKE . (Meer, Jon) Modified on 2/7/2012 (Kaminski, H). |
Filing 120 OPPOSITION by Eddie Bauer, a Delaware LLC to #118 MOTION to STRIKE . (Meer, Jon) Modified on 2/7/2012 (Kaminski, H). |
Filing 119 MOTION to STRIKE Columbia Sportswear's affirmative defenses, for partial summary judgment in the alternative by Tony Martinez. Motion Hearing set for 2/21/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: #1 Points and Authorities in support of Motion to Strike affirmative defenses, Motion for Partial Summary Judgment in the alternative)(Hubbard, Lynn) |
Filing 118 MOTION to STRIKE Defendant Eddie Bauer's Affirmative Defenses, Motion for partial summary judgment in alternative by Tony Martinez. Motion Hearing set for 2/21/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: #1 Points and Authorities in support of Motion to Strike, Motion for Partial Summary Judgment)(Hubbard, Lynn) |
Filing 117 COSTS TAXED in amount of $ $65.00 against Tony Martinez. (Matson, R) |
Filing 116 ORDER signed by Judge Garland E. Burrell, Jr on 10/4/11 DENYING #108 #109 Motion for Attorney Fees. (Meuleman, A) |
Filing 115 REPLY by New Balance Athletic Shoe, Inc. to RESPONSE to #109 MOTION for ATTORNEY FEES, #108 MOTION for ATTORNEY FEES. (Thompson, Patrick) |
Filing 114 ORDER signed by Judge Garland E. Burrell, Jr on 8/29/11: HEARING as to #109 MOTION for ATTORNEY FEES continued to 10/11/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H) |
Filing 113 OPPOSITION by Tony Martinez to #109 MOTION for ATTORNEY FEES. (Hubbard, Lynn) Modified on 8/30/2011 (Kaminski, H). |
Filing 112 RESPONSE by New Balance Athletic Shoe, Inc. to #111 Ex Parte Application. (Attachments: #1 Declaration of Patrick S. Thompson, #2 Exhibit 1)(Thompson, Patrick) |
Filing 111 EX PARTE APPLICATION and Proposed Order by Tony Martinez for Continuing the Briefing Schedule and Hearing Date for Defendant New Balance's Motion for Attorney Fees. (Attachments: #1 Declaration)(Hubbard, Lynn) |
Filing 110 MINUTE ORDER: The Motion for Attorney Fees, currently scheduled for 8/22/11, is rescheduled for 9/12/11, at 9:00 a.m. re #109 Motion for Attorney Fees, #108 Motion for Attorney Fees, Ordered by Judge Garland E. Burrell, Jr on 7/11/11. (Furstenau, S) |
Filing 109 MOTION for ATTORNEY FEES by New Balance Athletic Shoe, Inc.. Motion Hearing set for 8/22/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Thompson, Patrick) |
Filing 108 MOTION for ATTORNEY FEES by New Balance Athletic Shoe, Inc.. Motion Hearing set for 8/22/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: #1 Declaration of Patrick S. Thompson in Support of Defendant New Balance Athletic Shoe, Inc.'s Motion for Attorneys' Fees)(Thompson, Patrick) |
Filing 107 BILL of COSTS SUBMITTED by New Balance Athletic Shoe, Inc.. (Thompson, Patrick) |
Filing 106 ORDER signed by Judge Garland E. Burrell, Jr. on 06/22/11 DENYING #84 Motion for Sanctions. (Michel, G) |
Filing 105 APPEAL PROCESSED to Ninth Circuit re #103 Notice of Appeal filed by Tony Martinez. Filed dates for Notice of Appeal *6/20/2011*, Complaint *5/29/2010* and Appealed Order / Judgment *6/16/2011*. ** *Fee Status: Paid on 6/20/2011 in the amount of $455.00* ** (Attachments: #1 Appeal Information) (Becknal, R) |
RECEIPT number #CAE200036521 $455.00 fbo Tony Martinez by Disabled Advocacy Group, APLC on 6/21/2011. (Duong, D) |
Filing 103 NOTICE of APPEAL by Tony Martinez as to #99 Judgment, #98 Order Attorney Hubbard, Scottlynn J added. (Attachments: #1 Civil Appeals Docketing Statement)(Hubbard, Scottlynn) Modified on 6/22/2011 (Becknal, R). |
Filing 102 DECLARATION of Lynn Hubbard. (Hubbard, Lynn) |
Filing 101 ORDER signed by Magistrate Judge Kendall J. Newman on 06/17/11 DENYING #90 Motion to Compel. (Michel, G) |
Filing 100 MINUTES (Text Only) for proceedings held before Judge Garland E. Burrell, Jr: MOTION HEARING held on 6/20/2011. Counsel for Plaintiff Martinez not present. Court and counsel confer regarding Defendant New Balance Athletic Shoes' #84 Motion for Sanctions. Matter submitted. Court to issue written order. Plaintiffs Counsel not present. Defendants Counsel Patrick Thompson present. Court Reporter/CD Number: Lisa Ussery, Diamond Court Reporters. (Owen, K) |
Filing 99 JUDGMENT dated *06/16/11* in favor of New Balance Athletic Shoe, Inc. pursuant to order signed by Judge Garland E. Burrell, Jr. on 06/15/11. (Benson, A.) |
Filing 98 ORDER signed by Judge Garland E. Burrell, Jr. on 06/15/11 ORDERING that dft New Balance's #71 Motion to Dismiss is DENIED; the #77 Motion to Continue is DENIED; #71 Motion for Summary Judgment is GRANTED; Clerk to issue Judgment in favor of dft New Balance Athletic Shoe, Inc. This case shall NOT be closed. (Benson, A.) |
Filing 97 REPLY by New Balance Athletic Shoe, Inc. in support of #84 Motion for Sanctions. (Thompson, Patrick) Modified on 6/14/2011 (Marciel, M) |
Filing 96 MINUTE ORDER (Text Only) by Magistrate Judge Kendall J. Newman on 6/9/11 ORDERING that for the reasons stated on the record at the hearing on plaintiff's motion to compel, and in light of the motion to dismiss/summary judgment and motion for leave to conduct discovery that are presently pending before U.S. District Judge Garland E. Burrell, Jr., IT IS HEREBY ORDERED that plaintiff's motion to compel a site inspection pursuant to Federal Rule of Civil Procedure 34 (Dkt no. #90 ) is held in abeyance. Within 30 days of Judge Burrell's resolution of plaintiff's Rule 56(d) motion, plaintiff shall notify the court of the resolution of that motion and, if Judge Burrell grants the Rule 56(d) motion, whether the parties have been able to resolve the motion to compel informally or require further court involvement. (Owen, K) |
Filing 95 MINUTES (Text Only) for proceedings held before Magistrate Judge Kendall J. Newman: MOTION HEARING held on 6/9/2011. Court and counsel confer regarding Plaintiff's #90 Motion to Compel. Arguments heard. Court to issue formal order staying the matter pending the resolution of motions pending before District Judge Garland E. Burrell. Plaintiffs Counsel Scottlynn Hubbard present via telephone. Defendants Counsel Audrey M. Lin present. Court Reporter/CD Number: ECRO. (Owen, K) Modified on 6/13/2011 (Owen, K). |
Filing 94 MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 6/7/2011: Presently before the court is plaintiffs counsels application for permission to appear telephonically at the hearing on plaintiffs motion to compel a site inspection pursuant to Federal Rule of Civil Procedure 34 #93 . IT IS ORDERED that plaintiffs counsels request to appear by telephone at the hearing on plaintiffs motion to compel, which is set for 6/9/2011, is GRANTED. Plaintiffs counsel shall promptly contact Courtroom Deputy Matt Caspar at (916) 930-4187 and provide Mr. Caspar with the number for a dedicated, hard telephone line at which the court may contact plaintiffs counsel at the time of the hearing. (TEXT ONLY) (Caspar, M) |
Filing 93 REQUEST for Appear Telephonically by Tony Martinez. (Hubbard, Lynn) |
Filing 92 OPPOSITION by Tony Martinez to #84 Motion for Sanctions. (Hubbard, Lynn) |
Filing 91 STATEMENT of Joint Statement Regarding Discovery Disagreement to Compel Site Inspection of the New Balance Facility by Defendant New Balance Athletic Shoe, Inc.. (Attachments: #1 Declaration of Patrick S. Thompson in Support of Joint Statement re Discovery Disagreement to Compel Site Inspection of the New Balance Facility, #2 Exhibit 1-14, #3 Declaration of Peter Leonard in Support of Joint Statement re Discovery Disagreement to Compel Site Inspection of the New Balance Facility, #4 Exhibit A-M)(Thompson, Patrick) |
Filing 90 MOTION to COMPEL Plaintiff's Rule 34 Site Inspection of New Balance Facility by Tony Martinez. Motion Hearing set for 6/9/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Hubbard, Lynn) |
Filing 89 MINUTE ORDER: The Motion to Dismiss and Motion for Summary Judgment, are submitted without oral argument. There will not be a hearing on 5/2/11, and no appearance is necessary. re #71 Motion to Dismiss, Motion for Summary Judgment. Ordered by Judge Garland E. Burrell, Jr on 4/29/11. (Furstenau, S) |
Filing 88 OBJECTIONS by Defendant New Balance Athletic Shoe, Inc. to #81 Request. (Thompson, Patrick) |
Filing 87 REQUEST for JUDICIAL NOTICE by Tony Martinez. (Attachments: #1 Exhibit A) (Hubbard, Lynn) Modified on 4/27/2011 (Marciel, M). |
Filing 86 DECLARATION of Patrick S. Thompson in support #85 Reply Memorandum supporting Summary Judgment Motion. (Attachments: #1 Exhibit 1) (Thompson, Patrick) Modified on 4/26/2011 (Marciel, M). |
Filing 85 REPLY MEMORANDUM by New Balance Athletic Shoe, Inc. in support of #71 Motion to Dismiss Complaint or, in the alternative, Motion for Summary Judgment. (Thompson, Patrick) Modified on 4/26/2011 (Marciel, M) |
Filing 84 MOTION for SANCTIONS pursuant to FRCP Rule 11 and L.R. 110 by New Balance Athletic Shoe, Inc.. Motion Hearing set for 06/20/11 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. (Thompson, Patrick) Modified on 6/14/2011 (Marciel, M). |
Filing 83 DECLARATION of Patrick S. Thompson re #82 Opposition. (Attachments: #1 Exhibit 1)(Thompson, Patrick) |
Filing 82 OPPOSITION by Defendant New Balance Athletic Shoe, Inc. to #77 Application. (Thompson, Patrick) |
Filing 81 REQUEST for JUDICAL NOTICE by Tony Martinez. (Attachments: #1 Exhibit A)(Hubbard, Lynn) |
PARTY UPDATE: Defendant Guess?, Inc. dba GUESS FACTORY STORE #3224 is DISMISSED with prejudice of Plaintiff's Complaint pursuant to Plaintiff's Request for Dismissal #80 . (Mena-Sanchez, L) |
Filing 80 STIPULATION of DISMISSAL of defendant Guess?, Inc. by Tony Martinez. (Hubbard, Lynn) |
Filing 79 SECOND SUPPLEMENT by Tony Martinez re #77 Application for Rule 56(f) Continuance. (Attachments: #1 Exhibit A)(Hubbard, Lynn) Modified on 4/12/2011 (Mena-Sanchez, L). |
Filing 78 SUPPLEMENT by Tony Martinez re #77 Application. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hubbard, Lynn) |
Filing 77 APPLICATION for Rule 56(f) Continuance of hearing on #71 Motion to Dismiss/Motion for Summary Judgment by Tony Martinez (Attachments: #1 Declaration of Lynn Hubbard III)(Hubbard, Lynn) Modified on 4/19/2011 (Benson, A.). |
Adidas America, Inc. and Reebok International Ltd terminated pursuant to #76 Stipulation of Dismissal. (Matson, R) |
Filing 76 STIPULATION of DISMISSAL of defendants Adidas America, Inc. and Reebok International Ltd. by Tony Martinez. (Hubbard, Lynn) |
Filing 75 STATEMENT of Undisputed Material Facts by Defendant New Balance Athletic Shoe, Inc. re #71 MOTION to DISMISS MOTION for SUMMARY JUDGMENT. (Thompson, Patrick) |
Filing 74 DECLARATION of Cesar Rodriguez in SUPPORT OF #71 MOTION to DISMISS MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit A)(Thompson, Patrick) |
Filing 73 DECLARATION of Russell Shirley in SUPPORT OF #71 MOTION to DISMISS MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Thompson, Patrick) |
Filing 72 MEMORANDUM by New Balance Athletic Shoe, Inc. in SUPPORT of #71 MOTION to DISMISS MOTION for SUMMARY JUDGMENT. (Thompson, Patrick) |
Filing 71 MOTION to DISMISS or, in the alternative, MOTION for SUMMARY JUDGMENT by New Balance Athletic Shoe, Inc.. Motion Hearing set for 5/02/11 at 9:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. (Attachments: #1 Separate Statement of Undisputed Material Facts) (Thompson, Patrick) Modified on 4/26/2011 (Marciel, M) |
Filing 70 ANSWER to #66 Amended Complaint by Columbia Sportswear USA Corp..(Meer, Jon) |
Filing 69 ANSWER to #66 Amended Complaint by Eddie Bauer, a Delaware LLC.(Meer, Jon) |
Filing 68 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Myra B. Villamor for Eddie Bauer, a Delaware LLC (Meer, Jon) |
Filing 67 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Myra B. Villamor for Columbia Sportswear USA Corp., attorney Maximilian Hanwoo Jo terminated (Meer, Jon) |
Filing 66 FIRST AMENDED COMPLAINT against Adidas America, Inc., Columbia Sportswear USA Corp., Eddie Bauer, a Delaware LLC, Guess, Inc., New Balance Athletic Shoe, Inc., Reebok International Ltd by Tony Martinez.(Hubbard, Lynn) |
Filing 65 ORDER signed by Judge Garland E. Burrell, Jr on 2/14/11 ORDERING that Plaintiff's MOTION FOR LEAVE to file the First Amended Complaint #57 is GRANTED. Plaintiff has five days leave from the date on which this order is filed to file the Amended Complaint. (Mena-Sanchez, L) |
Filing 64 REPLY by Tony Martinez to RESPONSE to #57 Motion to Amend #1 ComplaintMotion to Amend #1 Complaint. (Hubbard, Lynn) |
Filing 63 OPPOSITION by New Balance Athletic Shoe, Inc. to #57 Motion to Amend plaintiff's #1 Complaint. (Thompson, Patrick) Modified on 2/9/2011 (Marciel, M). |
Filing 62 SCHEDULING ORDER signed by Judge Garland E. Burrell, Jr on 2/8/2011 ORDERING that Discovery ddl 7/24/2012; Dispositive Motions Hearing ddl 9/24/2012. Final Pretrial Conference set for 11/19/2012 at 01:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Trial set for 2/19/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Duong, D) |
Filing 61 MEMORANDUM of POINTS and AUTHORITIES in OPPOSITION by Eddie Bauer to #57 Motion to Amend #1 Complaint. (Meer, Jon) Modified on 2/8/2011 (Marciel, M). |
Filing 60 MEMORANDUM of POINTS and AUTHORITIES in OPPOSITION by Columbia Sportswear USA Corp. to #57 Motion to Amend #1 Complaint. Attorney Meer, Jon D. added. (Meer, Jon) Modified on 2/8/2011 (Marciel, M). |
Filing 59 JOINT STATUS REPORT by New Balance Athletic Shoe, Inc.. (Thompson, Patrick) |
Filing 58 NOTICE of VOLUNTARY DISMISSAL by Tony Martinez. (Hubbard, Lynn) |
Filing 57 MOTION to AMEND #1 COMPLAINT by Tony Martinez. Motion Hearing set for 2/22/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: #1 Memorandum of Points and Authorities) (Hubbard, Lynn) Modified on 2/8/2011 (Marciel, M). |
Filing 56 STIPULATION of DISMISSAL of defendant Polo California, LLC by Tony Martinez. (Hubbard, Lynn) |
PARTY UPDATE: Polo California, LLC terminated pursuant to #56 Stipulation of Dismissal with Prejudice. (Williams, D) |
PARTY UPDATE: VF Outdoor, Inc., Ecko Direct, LLC and Nautica Retail USA, Inc. terminated. (Duong, D) |
Filing 55 STIPULATION of DISMISSAL of defendant VF Outdoor, Inc. by Tony Martinez. (Hubbard, Lynn) |
Filing 54 STIPULATION of DISMISSAL of defendant Nautica Retail USA, Inc. by Tony Martinez. (Hubbard, Lynn) |
Filing 53 STIPULATION of DISMISSAL of defendant Ecko Direct, LLC and PROPOSED ORDER by Tony Martinez. (Hubbard, Lynn) |
PARTY UPDATE: Nike Retail Services, Inc., Converse, Inc. and Kenneth Cole Productions, Inc. terminated. (Owen, K) |
Filing 52 NOTICE of VOLUNTARY DISMISSAL by Tony Martinez. (Hubbard, Lynn) |
Filing 51 NOTICE of VOLUNTARY DISMISSAL by Tony Martinez. (Hubbard, Lynn) |
PARTY UPDATE: #51 Banana Republic, LLC and The Gap, Inc. terminated, pursuant to FRCP 41(a)(l) with prejudice. [TEXT ONLY] (Reader, L) |
Filing 50 ORDER signed by Judge Garland E. Burrell, Jr on 10/12/10:Initial Scheduling Conference RESET for 2/14/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H) |
Filing 49 JOINT STATUS REPORT by Tony Martinez. (Hubbard, Lynn) |
Filing 48 NOTICE of SETTLEMENT as to defendants Nike Retail Services, Inc., Converse, Inc. and Kenneth Cole Productions, Inc only by Tony Martinez. (Hubbard, Lynn) |
Filing 47 NOTICE of VOLUNTARY DISMISSAL by Tony Martinez. (Hubbard, Lynn) |
PARTY UPDATE: PVH Retail Stores, Inc. and Phillips-Van Heusen Corporation terminated. (Waggoner, D) |
Filing 46 NOTICE of SETTLEMENT as to Defendant CPG Finance II, LLC Only by Tony Martinez. (Hubbard, Lynn) |
PARTY UPDATE: CPG Finance II, LLC terminated. (Owen, K) |
PARTY UPDATE: Jockey International Global, Inc. terminated. (Duong, D) |
Filing 45 NOTICE of VOLUNTARY DISMISSAL of dft Jockey International Global, Inc only by Tony Martinez. (Hubbard, Lynn) Modified on 9/2/2010 (Duong, D). |
Filing 44 NOTICE of Dismissal: pursuant to #43 Stipulation and FRCP 41(a)(2), defendant Puma North America, Inc. is DISMISSED with prejudice. (Marciel, M) |
PARTY UPDATE: defendant Puma North America, Inc. is TERMINATED from action. (Marciel, M) |
Filing 43 STIPULATION for DISMISSAL of defendant Puma North America, Inc. by Tony Martinez. (Hubbard, Lynn) Modified on 8/31/2010 (Marciel, M). |
Filing 42 SUMMONS RETURNED EXECUTED: New Balance Athletic Shoe, Inc. served on 6/18/2010, answer due 7/9/2010. (Hubbard, Lynn) |
Filing 41 SUMMONS RETURNED EXECUTED: Puma North America, Inc. served on 6/18/2010, answer due 7/9/2010. (Hubbard, Lynn) |
Filing 40 SUMMONS RETURNED EXECUTED: Levi Strauss & Co. served on 6/14/2010, answer due 7/6/2010. (Hubbard, Lynn) |
Filing 39 SUMMONS RETURNED EXECUTED: Columbia Sportswear USA Corp. served on 6/14/2010, answer due 7/6/2010. (Hubbard, Lynn) |
Filing 38 SUMMONS RETURNED EXECUTED: Polo California, LLC served on 6/14/2010, answer due 7/6/2010. (Hubbard, Lynn) |
Filing 37 SUMMONS RETURNED EXECUTED: Reebok International Ltd served on 6/14/2010, answer due 7/6/2010. (Hubbard, Lynn) |
Filing 36 SUMMONS RETURNED EXECUTED: Eddie Bauer, a Delaware LLC served on 6/18/2010, answer due 7/9/2010. (Hubbard, Lynn) |
Filing 35 SUMMONS RETURNED EXECUTED: Adidas America, Inc. served on 6/18/2010, answer due 7/9/2010. (Hubbard, Lynn) |
Notice of Voluntary Dismissal as to defendant Levi Strauss & Co. (Williams, D) |
Filing 34 ANSWER to COMPLAINT by Nautica Retail USA, Inc.. Attorney Connolly, John G added.(Connolly, John) |
Filing 33 ANSWER to COMPLAINT by VF Outdoor, Inc.. Attorney Connolly, John G added.(Connolly, John) |
Filing 32 ANSWER to COMPLAINT by New Balance Athletic Shoe, Inc..(Thompson, Patrick) |
Filing 31 NOTICE of VOLUNTARY DISMISSAL by Tony Martinez. (Hubbard, Lynn) |
Filing 30 CERTIFICATE of Interested Parties by Polo California, LLC. (Launey, Kristina) Modified on 7/29/2010 (Mena-Sanchez, L). |
Filing 29 ANSWER to COMPLAINT by Polo California, LLC. Attorney Launey, Kristina Marie added.(Launey, Kristina) |
Filing 28 NOTICE of SETTLEMENT as to defendant Puma North America, Inc. only by Tony Martinez. (Hubbard, Lynn) |
Filing 27 SUMMONS RETURNED EXECUTED: Banana Republic, LLC served on 6/18/2010, answer due 7/9/2010. (Hubbard, Lynn) |
Filing 26 SUMMONS RETURNED EXECUTED: The Gap, Inc. served on 6/18/2010, answer due 7/9/2010. (Hubbard, Lynn) |
Filing 25 SUMMONS RETURNED EXECUTED: Kenneth Cole Productions, Inc. served on 6/18/2010, answer due 7/9/2010. (Hubbard, Lynn) |
Filing 24 SUMMONS RETURNED EXECUTED: Nike Retail Services, Inc. served on 6/16/2010, answer due 7/7/2010. (Hubbard, Lynn) |
Filing 23 SUMMONS RETURNED EXECUTED: Jockey International Global, Inc. served on 6/14/2010, answer due 7/6/2010. (Hubbard, Lynn) |
Filing 22 SUMMONS RETURNED EXECUTED: Guess, Inc. served on 6/14/2010, answer due 7/6/2010. (Hubbard, Lynn) |
Filing 21 SUMMONS RETURNED EXECUTED: Nautica Retail USA, Inc. served on 6/14/2010, answer due 7/6/2010. (Hubbard, Lynn) |
Filing 20 SUMMONS RETURNED EXECUTED: Phillips-Van Heusen Corporation served on 6/14/2010, answer due 7/6/2010. (Hubbard, Lynn) |
Filing 19 SUMMONS RETURNED EXECUTED: PVH Retail Stores, Inc. served on 6/14/2010, answer due 7/6/2010. (Hubbard, Lynn) |
Filing 18 SUMMONS RETURNED EXECUTED: VF Outdoor, Inc. served on 6/14/2010, answer due 7/6/2010. (Hubbard, Lynn) |
Filing 17 SUMMONS RETURNED EXECUTED: Converse, Inc. served on 6/16/2010, answer due 7/7/2010. (Hubbard, Lynn) |
Filing 16 ANSWER to COMPLAINT by Reebok International Ltd. Attorney Orlick, Martin H. added.(Orlick, Martin) |
Filing 15 ANSWER to COMPLAINT by Adidas America, Inc.. Attorney Orlick, Martin H. added.(Orlick, Martin) |
Filing 14 ANSWER to COMPLAINT by Eddie Bauer, a Delaware LLC. Attorney Meer, Jon D. added.(Meer, Jon) |
Filing 13 NOTICE of SETTLEMENT as to defendant Levi Strauss & Co. dba Levis Outlet Store #421 only by Tony Martinez. (Hubbard, Lynn) |
Filing 12 STIPULATION Extending Time to Respond to Complaint by Polo California, LLC. Attorney Anderson, Jasmine Lynn added. (Anderson, Jasmine) |
Filing 11 ANSWER to COMPLAINT by Ecko Direct, LLC. Attorney Orlick, Martin H. added.(Orlick, Martin) |
Filing 10 ANSWER to COMPLAINT with Jury Demand by Puma North America, Inc.. Attorney Isom, Marcie S. added.(Isom, Marcie) |
Filing 9 STATEMENT of Disclosure pursuant to Fed. R. Civ. P. 7.1 by Defendant New Balance Athletic Shoe, Inc.. (Thompson, Patrick) |
Filing 8 STIPULATION to Extend Time to Answer/Reply or otherwise Respond to Complaint by New Balance Athletic Shoe, Inc.. Attorney Thompson, Patrick S added. (Thompson, Patrick) |
Filing 7 ANSWER to COMPLAINT by Columbia Sportswear USA Corp.. Attorney Jo, Maximilian Hanwoo added.(Jo, Maximilian) |
Filing 6 ANSWER to COMPLAINT by Guess, Inc.. Attorney Petmecky, Kalia Christofides added.(Petmecky, Kalia) |
Filing 5 STIPULATION TO EXTEND TIME TO ANSWER/REPLY OR OTHERWISE RESPOND TO COMPLAINT by Levi Strauss & Co.. Attorney Dubose, Mary K added. (Dubose, Mary) |
Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 10/18/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: #1 Consent Form, #2 VDRP Form) (Carlos, K) |
Filing 3 SUMMONS ISSUED as to *New Balance Athletic Shoe, Inc., The Gap, Inc., Guess ?, Inc., Puma North America, Inc., PVH Retail Stores, Inc., Phillips-Van Heusen Corporation, Adidas America, Inc., Converse, Inc., VF Outdoor, Inc., CPG Finance II, LLC, Jockey International Global, Inc., Reebok International Ltd, Polo California, LLC, Levi Strauss & Co., Nautica Retail USA, Inc., Kenneth Cole Productions, Inc., Ecko Direct, LLC, Nike Retail Services, Inc., Columbia Sportswear USA Corp., Banana Republic, LLC, Eddie Bauer, a Delaware LLC* with answer to complaint due within *21* days. Attorney *Lynn Hubbard III* *Disabled Advocacy Group, APLC* *12 Williamsburg Lanes* *Chico, CA 95926*. (Carlos, K) |
RECEIPT number #CAE200026612 $350.00 fbo Lynn Hubbard III by Lynn Hubbard III on 6/1/2010. (Carlos, K) |
Filing 1 COMPLAINT against all defendants by Tony Martinez. Attorney Hubbard, Lynn added. (Attachments: #1 Civil Cover Sheet)(Hubbard, Lynn) |
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