Rothy's, Inc. v. Birdies, Inc.
Plaintiff: Rothy's, Inc.
Defendant: Birdies, Inc.
Case Number: 3:2021cv02438
Filed: April 5, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Vince Chhabria
Referring Judge: Nathanael M Cousins
2 Judge: Alex G Tse
Nature of Suit: Patent
Cause of Action: 15 U.S.C. ยง 1126 Patent Infringement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 9, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2022 Opinion or Order Filing 190 Order by Judge Vince Chhabria granting #187 stipulation to modify the case schedule. Close of Fact Discovery due by 7/20/2022. Dispositive Motion due by 10/5/2022. Motion Hearing set for 11/10/2022 09:30 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Final Pretrial Conference set for 1/17/2023 09:30 AM in San Francisco, Courtroom 04, 17th Floor. Jury Trial set for 1/30/2023 08:30 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (vclc1, COURT STAFF) (Filed on 4/29/2022)
April 29, 2022 Filing 189 MANUAL FILING NOTIFICATION by Rothy's, Inc. re 188 Order. (wsn, COURT STAFF) (Filed on 4/29/2022)
April 29, 2022 Received one USB drive re: #189 MANUAL FILING NOTIFICATION. (wsn, COURT STAFF) (Filed on 4/29/2022)
April 28, 2022 Opinion or Order Filing 188 ORDER: The plaintiff is ordered to file with the Court a high resolution image of Birdies' knit Blackbird shoe, as depicted in the upper right-hand quadrant of the comparison exhibit submitted as Exhibit 29 to the de Baere declaration. See Dkt. No. 140-29 at page 2. The plaintiff must file the high resolution image no later than Wednesday, May 4, 2022, at 5:00 p.m. Signed by Judge Vince Chhabria on 04/28/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) (Filed on 4/28/2022)
April 27, 2022 Filing 187 STIPULATION WITH PROPOSED ORDER Requesting Modification of Case Schedule filed by Birdies, Inc.. (Attachments: #1 Declaration of Gregory P. Adams in Support of Joint Stipulation Requesting Modification of Case Schedule)(Adams, Gregory) (Filed on 4/27/2022)
April 25, 2022 Filing 186 CLERK'S NOTICE RESCHEDULING THE FURTHER CASE MANAGEMENT CONFERENCE, PROVIDING ZOOM ACCESS, AND REQUIRING ADVANCE REGISTRATION OF COUNSEL. Case Management Statement due by 5/18/2022. Further Case Management Conference set for 5/25/2022 01:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, May 19, 2022, by 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 4/25/2022)
April 20, 2022 Filing 185 JOINT CASE MANAGEMENT STATEMENT filed by Rothy's, Inc.(a Delaware corporation ). (Moore, Steven) (Filed on 4/20/2022)
April 19, 2022 Filing 184 CLERK'S NOTICE PROVIDING ZOOM ACCESS AND REQUIRING ADVANCE REGISTRATION FOR CMC ON 4/27/2022. Further Case Management Conference set for 4/27/2022, 01:00 PM, via Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, April 21, 2022, by 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 4/19/2022)
April 11, 2022 Filing 183 Transcript of Proceedings held on 03/17/22, before Judge Vince Chhabria. Court Reporter/Transcriber Echo Reporting, Inc., telephone number echoreporting@yahoo.com. Tape Number: FTR 2:34 - 3:22. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #181 Transcript Order ) Redaction Request due 5/2/2022. Redacted Transcript Deadline set for 5/12/2022. Release of Transcript Restriction set for 7/11/2022. (Related documents(s) #181 ) (Jauregui, Tara) (Filed on 4/11/2022)
April 11, 2022 Filing 182 TRANSCRIPT ORDER for proceedings held on March 17, 2022 before Judge Vince Chhabria by Birdies, Inc., for Court Reporter FTR - San Francisco. (Kaempf, Jessica) (Filed on 4/11/2022)
April 8, 2022 Filing 181 TRANSCRIPT ORDER for proceedings held on 03/17/2022 before Judge Vince Chhabria by Rothy's, Inc.(a Delaware corporation ), for Court Reporter FTR - San Francisco. (Moore, Steven) (Filed on 4/8/2022)
March 31, 2022 Filing 180 OPPOSITION/RESPONSE (re #139 Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed ) filed byBirdies, Inc.. (Attachments: #1 [Proposed] Order Granting Plaintiff's Administrative Motion to Consider Whether Another Party's Materials Should Be Sealed)(Adams, Gregory) (Filed on 3/31/2022)
March 31, 2022 Filing 179 OPPOSITION/RESPONSE (re #66 Administrative Motion to File Under Seal [Administrative Motion to Consider Whether Another Party's Material Should Be Sealed] ) filed byBirdies, Inc.. (Attachments: #1 Defendant Birdies, Inc.'s Reply in Support of Its Motion for Summary Judgment of Invalidity, or in the Alternative, Noninfringement, #2 Exhibit 55 to the Declaration of Jessica M. Kaempf)(Adams, Gregory) (Filed on 3/31/2022)
March 31, 2022 Filing 178 OPPOSITION/RESPONSE (re #129 Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed ) filed byBirdies, Inc.. (Attachments: #1 Declaration of Marisa Sharkey in Support of Revised Response to Administrative Motion to File Materials Under Seal, #2 Declaration of Gregory P. Adams in Support of Birdies' Revised Response to Administrative Motion to File Materials Under Seal, #3 Exhibit 8 (Redacted Version), #4 Exhibit 9 (Redacted Version), #5 Exhibit 17 (Redacted Version), #6 Exhibit 18 (Redacted Version), #7 Exhibit 18 (Redacted Version), #8 Exhibit 25 (Redacted Version), #9 Exhibit 26 (Redacted Version), #10 Exhibit 28 (Redacted Version), #11 Exhibit 29 (Redacted Version), #12 Exhibit 30 (Redacted Version), #13 Exhibit 31 (Redacted Version), #14 Exhibit 32 (Redacted Version), #15 Exhibit 38 (Redacted Version), #16 Exhibit 39 (Redacted Version), #17 Exhibit 40 (Redacted Version), #18 Exhibit 42 (Redacted Version), #19 [Proposed] Order Granting Plaintiff's Administrative Motion to Consider Whether Another Party's Materials Should Be Sealed)(Adams, Gregory) (Filed on 3/31/2022)
March 31, 2022 Filing 177 EXHIBITS re #129 Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed filed byBirdies, Inc.. (Attachments: #1 Declaration of Marisa Sharkey in Support of Revised Response to Administrative Motion to File Materials Under Seal, #2 Declaration of Gregory P. Adams in Support of Birdies' Revised Response to Administrative Motion to File Materials Under Seal, #3 Redacted Version of Exhibit 8, #4 Unredacted Version of Exhibit 8, #5 Redacted Version of Exhibit 9, #6 Unredacted Version of Exhibit 9, #7 Redacted Version of Exhibit 17, #8 Unredacted Version of Exhibit 17, #9 Redacted Version of Exhibit 18, #10 Unredacted Version of Exhibit 18, #11 Redacted Version of Exhibit 19, #12 Unredacted Version of Exhibit 19, #13 Redacted Version of Exhibit 25, #14 Unredacted Version of Exhibit 25, #15 Redacted Version of Exhibit 26, #16 Unredacted Version of Exhibit 26, #17 Redacted Version of Exhibit 28, #18 Unredacted Version of Exhibit 28, #19 Redacted Version of Exhibit 29, #20 Unredacted Version of Exhibit 29, #21 Redacted Version of Exhibit 30, #22 Unredacted Version of Exhibit 30, #23 Redacted Version of Exhibit 31, #24 Unredacted Version of Exhibit 31, #25 Redacted Version of Exhibit 32, #26 Unredacted Version of Exhibit 32, #27 Redacted Version of Exhibit 38, #28 Unredacted Version of Exhibit 38, #29 Redacted Version of Exhibit 39, #30 Unredacted Version of Exhibit 39, #31 Redacted Version of Exhibit 40, #32 Unredacted Version of Exhibit 40, #33 Redacted Version of Exhibit 42, #34 Unredacted Version of Exhibit 42, #35 [Proposed] Order Granting Plaintiff's Administrative Motion to Consider Whether Another Party's Materials Should Be Sealed)(Related document(s) #129 ) (Adams, Gregory) (Filed on 3/31/2022)
March 31, 2022 Filing 176 CERTIFICATE OF SERVICE by Rothy's, Inc. re #175 Administrative Motion to File Under Seal (Moore, Steven) (Filed on 3/31/2022)
March 31, 2022 Filing 175 Administrative Motion to File Under Seal filed by Rothy's, Inc.. (Attachments: #1 Declaration R. Martin Declaration ISO Mtn to Seal, #2 Declaration R. Martin Declaration ISO Opp to MSJ, #3 Plaintiff's Opposition to MSJ, #4 Declaration Declaration of C de Baere ISO MSJ)(Moore, Steven) (Filed on 3/31/2022)
March 24, 2022 Filing 173 EXHIBITS re #169 Order on Administrative Motion to File Under Seal [Dkt. 122] filed byRothy's, Inc.. (Attachments: #1 Exhibit E - as Redacted, #2 Exhibit G, #3 Exhibit H)(Related document(s) #169 ) (Moore, Steven) (Filed on 3/24/2022)
March 24, 2022 Filing 172 EXHIBITS re #168 Order on Administrative Motion to File Under Seal [Dkt 119] filed byRothy's, Inc.. (Attachments: #1 Exhibit C - as Redacted, #2 Exhibit D - as Redacted, #3 Exhibit G)(Related document(s) #168 ) (Moore, Steven) (Filed on 3/24/2022)
March 22, 2022 Filing 171 OPPOSITION/RESPONSE (re #164 Administrative Motion to File Under Seal ) filed byBirdies, Inc.. (Adams, Gregory) (Filed on 3/22/2022)
March 21, 2022 Opinion or Order Filing 170 Order by Judge Vince Chhabria granting #155 Motion for Pro Hac Vice - Feit.(knm, COURT STAFF) (Filed on 3/21/2022)
March 17, 2022 Filing 174 Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held on 3/17/2022 re #113 MOTION to Stay Discovery Pending Resolution of Birdies, Inc.'s Motion for Summary Judgment of Invalidity, or in the Alternative, Noninfringement (Dkt. No. 67) filed by Birdies, Inc., #141 MOTION FRCP 56(d) re #134 Opposition/Response to Motion, Notice of Motion and Motion for Relief Under Fed. R. Civ. P. (56(d) Filed Concurrently with Rothy's Opposition to Birdies' Motion for Summary Judgment filed by Rothy's, Inc., and #67 MOTION for Summary Judgment of Invalidity, or in the Alternative, Noninfringement filed by Birdies, Inc. The Court heard oral argument and took the matters under submission. A written ruling will be issued.The Court verbally ruled that the pending motions to seal are denied without prejudice to filing renewed motions to seal within 14 days from today's hearing, that are much more narrowly tailored. If the motions are still overly broad, the Court will issue sanctions. Should the parties decide not to file renewed motions to seal, unredacted versions of the sealed documents contained in the now denied motions to seal are to be filed on the docket within 14 days of the hearing today. Digital Recording Time: 2:34 - 3:22. Plaintiff Attorney: Steven Moore, Taylor Pfingst, and Megan Bussey. Defendant Attorney: David Tellekson, Jessica Kaempf, and Gregory Adams. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 3/17/2022) Modified on 4/8/2022: Matter transcribed by Tara (Bauer) Jauregui (ECHO Reporting). (rjd, COURT STAFF).
March 16, 2022 Opinion or Order Filing 169 Order by Magistrate Judge Alex G. Tse granting #122 Administrative Motion to File Under Seal. (agtlc1, COURT STAFF) (Filed on 3/16/2022)
March 16, 2022 Opinion or Order Filing 168 Order by Magistrate Judge Alex G. Tse granting in part and denying in part #119 Administrative Motion to File Under Seal. (agtlc1, COURT STAFF) (Filed on 3/16/2022)
March 15, 2022 Filing 166 CERTIFICATE OF SERVICE by Rothy's, Inc. re #164 Administrative Motion to File Under Seal (Moore, Steven) (Filed on 3/15/2022)
March 15, 2022 Filing 165 REPLY (re #141 MOTION FRCP 56(d) re #134 Opposition/Response to Motion, Notice of Motion and Motion for Relief Under Fed. R. Civ. P. (56(d) Filed Concurrently with Rothy's Opposition to Birdies' Motion for Summary Judgment ) filed byRothy's, Inc.. (Attachments: #1 Declaration Declaration of T Pfingst, #2 Exhibit A, #3 Exhibit B - Filed Under Seal, #4 Exhibit C - Filed Under Seal)(Moore, Steven) (Filed on 3/15/2022)
March 15, 2022 Filing 164 Administrative Motion to File Under Seal filed by Rothy's, Inc.. (Attachments: #1 Reply Brief ISO Motion for Relief Under FRCP 56(d), #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Moore, Steven) (Filed on 3/15/2022)
March 11, 2022 Filing 163 MANUAL FILING NOTIFICATION, by Rothy's, Inc. re #159 ORDER requiring the production of physical exhibits by the plaintiff. (wsn, COURT STAFF) (Filed on 3/11/2022)
March 11, 2022 Received two pair of shoes re #163 MANUAL FILING NOTIFICATION. (wsn, COURT STAFF) (Filed on 3/11/2022)
March 10, 2022 Filing 162 OBJECTIONS to re #158 Reply to Opposition/Response,,, Regarding Reply Evidence by Rothy's, Inc.. (Attachments: #1 Declaration of T Pfingst, #2 Proposed Order Proposed Order)(Moore, Steven) (Filed on 3/10/2022)
March 10, 2022 Reset Hearing as to #141 MOTION FRCP 56(d) re #134 Opposition/Response to Motion, Notice of Motion and Motion for Relief Under Fed. R. Civ. P. (56(d) Filed Concurrently with Rothy's Opposition to Birdies' Motion for Summary Judgment, and #113 MOTION to Stay Discovery Pending Resolution of Birdies, Inc.'s Motion for Summary Judgment of Invalidity, or in the Alternative, Noninfringement (Dkt. No. 67). Motion Hearing set for 3/17/2022 02:30 PM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (knm, COURT STAFF) (Filed on 3/10/2022)
March 9, 2022 Filing 161 OPPOSITION/RESPONSE (re #139 Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed ) filed byBirdies, Inc.. (Adams, Gregory) (Filed on 3/9/2022)
March 9, 2022 Filing 160 OPPOSITION/RESPONSE (re #141 MOTION FRCP 56(d) re #134 Opposition/Response to Motion, Notice of Motion and Motion for Relief Under Fed. R. Civ. P. (56(d) Filed Concurrently with Rothy's Opposition to Birdies' Motion for Summary Judgment ) filed byBirdies, Inc.. (Attachments: #1 Declaration of Jessica M. Kaempf in Support of Defendant Birdies, Inc.'s Opposition to Plaintiff's Motion for Relief Under Federal Rule of Civil Procedure 50(d), #2 Exhibit A, #3 Exhibit B, #4 Proposed Order)(Tellekson, David) (Filed on 3/9/2022)
March 9, 2022 Opinion or Order Filing 159 ORDER requiring the production of physical exhibits by the plaintiff. Signed by Judge Vince Chhabria on 03/09/2022. (vclc1, COURT STAFF) (Filed on 3/9/2022)
March 3, 2022 Filing 158 REPLY (re #67 MOTION for Summary Judgment of Invalidity, or in the Alternative, Noninfringement ) filed byBirdies, Inc.. (Attachments: #1 Defendant Birdies, Inc.'s Table of Exhibits in Support of Its Reply Brief in Support of Its Motion for Summary Judgment of Invalidity, or in the Alternative, Noninfringement, #2 Declaration of Jessica M. Kaempf in Support of Defendant Birdies, Inc.'s Motion for Summary Judgment of Invalidity, or in the Alternative, Noninfringement, #3 Exhibit 54, #4 Exhibit 55 (Filed Under Seal), #5 Exhibit 56, #6 Exhibit 57, #7 Exhibit 58, #8 Exhibit 59, #9 Exhibit 60, #10 Exhibit 61, #11 Exhibit 62, #12 Exhibit 63, #13 Exhibit 64, #14 Exhibit 65, #15 Exhibit 66, #16 Exhibit 67)(Tellekson, David) (Filed on 3/3/2022)
March 3, 2022 Filing 157 Administrative Motion to File Under Seal filed by Birdies, Inc.. (Attachments: #1 Declaration of Gregory P. Adams in Support of Birdies, Inc.'s Administrative Motion to File Material Under Seal, #2 Declaration of Marisa Sharkey, #3 Proposed Order, #4 Redacted Version of Defendant Birdies, Inc.'s Reply in Support of Its Motion for Summary Judgment of Invalidity, or in the Alternative, Noninfringement, #5 Unredacted Version of Defendant Birdies, Inc.'s Reply in Support of Its Motion for Summary Judgment of Invalidity, or in the Alternative, Noninfringement, #6 Unredacted Version of Exhibit 55)(Adams, Gregory) (Filed on 3/3/2022)
March 3, 2022 Filing 156 REPLY (re #113 MOTION to Stay Discovery Pending Resolution of Birdies, Inc.'s Motion for Summary Judgment of Invalidity, or in the Alternative, Noninfringement (Dkt. No. 67) ) filed byBirdies, Inc.. (Attachments: #1 Declaration of Jessica M. Kaempf in Support of Birdies, Inc.'s Reply in Support of Its Motion to Stay Discovery, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Tellekson, David) (Filed on 3/3/2022)
March 2, 2022 Filing 155 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16951314.) filed by Birdies, Inc.. (Attachments: #1 Certificate of Good Standing)(Feit, Deena) (Filed on 3/2/2022)
March 2, 2022 Filing 154 OPPOSITION/RESPONSE (re #129 Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed ) filed byBirdies, Inc.. (Attachments: #1 Declaration of Marisa Sharkey in Support of Response to Administrative Motion to File Documents Under Seal, #2 Declaration of Gregory P. Adams in Support of Response to Administrative Motion to File Materials Under Seal [Dkt 129]], #3 Redacted Version of Exhibit 8, #4 Redacted Version of Exhibit 9, #5 Redacted Version of Exhibit 10, #6 Redacted Version of Exhibit 11, #7 Redacted Version of Exhibit 17, #8 Redacted Version of Exhibit 18, #9 Redacted Version of Exhibit 19, #10 Redacted Version of Exhibit 28, #11 Redacted Version of Exhibit 29, #12 Redacted Version of Exhibit 31, #13 Redacted Version of Exhibit 32, #14 Redacted Version of Exhibit 42, #15 Proposed Order)(Adams, Gregory) (Filed on 3/2/2022)
March 1, 2022 Filing 153 EXHIBITS re #129 Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed filed byBirdies, Inc.. (Attachments: #1 Declaration of Marisa Sharkey in Support of Response to Administrative Motion to File Materials Under Seal, #2 Declaration of Gregory P. Adams in Support of Response to Administrative Motion to File Materials Under Seal [Dkt. 129], #3 Redacted Version of Exhibit 8, #4 Unredacted Version of Exhibit 8, #5 Redacted Version of Exhibit 9, #6 Unredacted Version of Exhibit 9, #7 Redacted Version of Exhibit 10, #8 Unredacted Version of Exhibit 10, #9 Redacted Version of Exhibit 11, #10 Unredacted Version of Exhibit 11, #11 Redacted Version of Exhibit 17, #12 Unredacted Version of Exhibit 17, #13 Redacted Version of Exhibit 18, #14 Unredacted Version of Exhibit 18, #15 Redacted Version of Exhibit 19, #16 Unredacted Version of Exhibit 19, #17 Redacted Version of Exhibit 28, #18 Unredacted Version of Exhibit 28, #19 Redacted Version of Exhibit 29, #20 Unredacted Version of Exhibit 29, #21 Redacted Version of Exhibit 31, #22 Unredacted Version of Exhibit 31, #23 Redacted Version of Exhibit 32, #24 Unredacted Version of Exhibit 32, #25 Redacted Version of Exhibit 42, #26 Unredacted Version of Exhibit 42, #27 Proposed Order)(Related document(s) #129 ) (Adams, Gregory) (Filed on 3/1/2022)
February 28, 2022 Filing 152 OPPOSITION/RESPONSE (re #122 Administrative Motion to File Under Seal ) filed byBirdies, Inc.. (Attachments: #1 Declaration of Marisa Sharkey in Support of Response to Administrative Motion to File Materials Under Seal, #2 Declaration of Gregory P. Adams in Support of Response to Administrative Motion to File Materials Under Seal [Dkt. 122], #3 Redacted Version of Exhibit E)(Kaempf, Jessica) (Filed on 2/28/2022)
February 28, 2022 Filing 151 EXHIBITS re #122 Administrative Motion to File Under Seal [Birdies, Inc.'s Response to Administrative Motion to File Materials Under Seal [Dkt 122] filed byBirdies, Inc.. (Attachments: #1 Declaration of Marisa Sharkey in Support of Response to Administrative Motion to File Materials Under Seal, #2 Declaration of Gregory P. Adams in Support of Response to Administrative Motion to File Materials Under Seal [Dkt. 122], #3 Redacted Version of Exhibit E, #4 Unredacted Version of Exhibit E)(Related document(s) #122 ) (Kaempf, Jessica) (Filed on 2/28/2022)
February 28, 2022 Filing 150 Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Settlement Conference held on 2/28/2022 at 10:00 a.m., by Zoom.Start time: 10:00 a.m. - End time: 12:20 p.m./Total Time: 2 hours 20 minutes Plaintiffs counsel: Steve Moore, Megan Bussey, Taylor Pfingst Plaintiffs Chief Legal Officer: Marie Satterfield Plaintiffs Senior Counsel: Joseph Lopez Defendants counsel: David Tellekson, Jessica Kaempf Defendants CEO: Bianca Gates Defendants President: Marisa Sharkey Proceedings: Settlement conference held. Case did not settle. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Date Filed: 2/28/2022)
February 25, 2022 Filing 149 OPPOSITION/RESPONSE (re #119 Administrative Motion to File Under Seal ) filed byBirdies, Inc.. (Attachments: #1 Declaration of Marisa Sharkey in Support of Response to Administrative Motion to File Materials Under Seal, #2 Declaration of Gregory P. Adams in Support of Response to Administrative Motion to File Materials Under Seal [Dkt 119], #3 Redacted Version of Exhibit C to the Declaration of Gregory P. Adams, #4 Redacted Version of Exhibit D, #5 Redacted Version of Exhibit G)(Kaempf, Jessica) (Filed on 2/25/2022)
February 25, 2022 Filing 148 EXHIBITS re #119 Administrative Motion to File Under Seal [Birdies, Inc.'s Response to Administrative Motion to File Materials Under Seal [Dkt 119] filed byBirdies, Inc.. (Attachments: #1 Declaration of Marisa Sharkey in Support of Response to Administrative Motion to File Materials Under Seal, #2 Declaration of Gregory P. Adams in Support of Response to Administrative Motion to File Materials Under Seal [Dkt 119], #3 Redacted Version of Exhibit C to Declaration of Gregory P. Adams, #4 Unredacted Version of Exhibit C, #5 Redacted Version of Exhibit D, #6 Unredacted Version of Exhibit D, #7 Redacted Version of Exhibit G, #8 Unredacted Version of Exhibit G)(Related document(s) #119 ) (Kaempf, Jessica) (Filed on 2/25/2022)
February 24, 2022 Opinion or Order Filing 147 Order by Judge Vince Chhabria granting #125 motion for an in-person summary judgment hearing. Motion Hearing set for 3/17/2022 02:30 PM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (vclc1, COURT STAFF) (Filed on 2/24/2022)
February 24, 2022 Filing 146 OPPOSITION/RESPONSE (re #113 MOTION to Stay Discovery Pending Resolution of Birdies, Inc.'s Motion for Summary Judgment of Invalidity, or in the Alternative, Noninfringement (Dkt. No. 67) ) filed byRothy's, Inc.(a Delaware corporation ). (Attachments: #1 Pfingst Declaration, #2 Proposed Order)(Moore, Steven) (Filed on 2/24/2022)
February 23, 2022 Filing 145 EXHIBITS re #134 Opposition/Response to Motion, Plaintiff's Table of Exhibits in Support of its Response in Opposition to Defendant's Motion for Summary Judgment of invalidity, or in the Alternative, Non-Infringement filed byRothy's, Inc.(a Delaware corporation ). (Related document(s) #134 ) (Moore, Steven) (Filed on 2/23/2022)
February 23, 2022 Filing 144 CERTIFICATE OF SERVICE by Rothy's, Inc.(a Delaware corporation ) re #139 Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed (Moore, Steven) (Filed on 2/23/2022)
February 23, 2022 Filing 143 CERTIFICATE OF SERVICE by Rothy's, Inc.(a Delaware corporation ) re #129 Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed (Moore, Steven) (Filed on 2/23/2022)
February 23, 2022 Filing 142 CERTIFICATE OF SERVICE by Rothy's, Inc.(a Delaware corporation ) re #128 Administrative Motion to File Under Seal Admin Motion to Consider Whether Material Should be Filed Under Seal (Moore, Steven) (Filed on 2/23/2022)
February 23, 2022 Filing 141 MOTION FRCP 56(d) re #134 Opposition/Response to Motion, Notice of Motion and Motion for Relief Under Fed. R. Civ. P. (56(d) Filed Concurrently with Rothy's Opposition to Birdies' Motion for Summary Judgment filed by Rothy's, Inc.(a Delaware corporation ). Motion Hearing set for 3/17/2022 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 3/9/2022. Replies due by 3/16/2022. (Attachments: #1 Pfingst Declaration ISO 56(d) Motion, #2 Exhibit A to Pfingst Decl, #3 Exhibit B to Pfingst Decl, #4 Exhibit C to Pfingst Decl, #5 Exhibit D to Pfingst Decl, #6 Exhibit E to Pfingst Decl, #7 Exhibit F to Pfingst Decl, #8 Exhibit G to Pfingst Decl, #9 Exhibit H to Pfingst Decl, #10 Exhibit I to Pfingst Decl, #11 Exhibit J to Pfingst Decl, #12 Exhibit K to Pfingst Decl, #13 Proposed Order)(Moore, Steven) (Filed on 2/23/2022)
February 22, 2022 Filing 140 Declaration of Caroline de Baere in Support of #134 Opposition/Response to Motion, filed byRothy's, Inc.(a Delaware corporation ). (Attachments: #1 Exhibit 1 to de Baere Decl, #2 Exhibit 2 to de Baere Decl, #3 Exhibit 3 to de Baere Decl, #4 Exhibit 4 to de Baere Decl, #5 Exhibit 5 to de Baere Decl, #6 Exhibit 6 to de Baere Decl, #7 Exhibit 7 to de Baere Decl, #8 Exhibit 8 to de Baere Decl, #9 Exhibit 9 to de Baere Decl, #10 Exhibit 10 to de Baere Decl, #11 Exhibit 11 to de Baere Decl, #12 Exhibit 12 to de Baere Decl, #13 Exhibit 13 to de Baere Decl, #14 Exhibit 14 to de Baere Decl, #15 Exhibit 15 to de Baere Decl, #16 Exhibit 16 to de Baere Decl, #17 Exhibit 17 to de Baere Decl, #18 Exhibit 18 to de Baere Decl, #19 Exhibit 19 to de Baere Decl, #20 Exhibit 20 to de Baere Decl, #21 Exhibit 21 to de Baere Decl, #22 Exhibit 22 to de Baere Decl, #23 Exhibit 23 to de Baere Decl, #24 Exhibit 24 to de Baere Decl, #25 Exhibit 25 to de Baere Decl, #26 Exhibit 26 to de Baere Decl, #27 Exhibit 27 to de Baere Decl, #28 Exhibit 28 to de Baere Decl, #29 Exhibit 29 to de Baere Decl, #30 Exhibit 30 to de Baere Decl, #31 Exhibit 31 to de Baere Decl, #32 Exhibit 32 to de Baere Decl, #33 Exhibit 33 to de Baere Decl)(Related document(s) #134 ) (Moore, Steven) (Filed on 2/22/2022)
February 22, 2022 Filing 139 Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: #1 Proposed Order, #2 Unredacted Notice and Motion for Relief FRCP 56(d), #3 Unredacted Pfingst Decl ISO Motion for Relief FRCP 56(d), #4 Unredacted Ex. A to Pfingst Decl ISO 56(d), #5 Unredacted Ex. B to Pfingst Decl ISO 56(d), #6 Unredacted Ex. C to Pfingst Decl ISO 56(d), #7 Unredacted Ex. D to Pfingst Decl ISO 56(d), #8 Unredacted Ex. E to Pfingst Decl ISO 56(d), #9 Unredacted Ex. F to Pfingst Decl ISO 56(d), #10 Unredacted Ex. G to Pfingst Decl ISO 56(d), #11 Unredacted Ex. H to Pfingst Decl ISO 56(d), #12 Unredacted Ex. I to Pfingst Decl ISO 56(d), #13 Unredacted Ex. J to Pfingst Decl ISO 56(d), #14 Unredacted Ex. K to Pfingst Decl ISO 56(d))(Moore, Steven) (Filed on 2/22/2022)
February 22, 2022 Filing 138 Declaration of Steve Black in Support of #134 Opposition/Response to Motion, filed byRothy's, Inc.(a Delaware corporation ). (Attachments: #1 Exhibit 1 to Black Decl, #2 Exhibit 2 to Black Decl, #3 Exhibit 3 to Black Decl)(Related document(s) #134 ) (Moore, Steven) (Filed on 2/22/2022)
February 22, 2022 Filing 137 Declaration of William Roth Martin in Support of #134 Opposition/Response to Motion, filed byRothy's, Inc.(a Delaware corporation ). (Attachments: #1 Exhibit 1 to Martin Decl, #2 Exhibit 2 to Martin Decl, #3 Exhibit 3 to Martin Decl, #4 Exhibit 4 to Martin Decl, #5 Exhibit 5 to Martin Decl, #6 Exhibit 6 to Martin Decl, #7 Exhibit 7 to Martin Decl, #8 Exhibit 8 to Martin Decl, #9 Exhibit 9 to Martin Decl, #10 Exhibit 10 to Martin Decl, #11 Exhibit 11 to Martin Decl, #12 Exhibit 12 to Martin Decl, #13 Exhibit 13 to Martin Decl, #14 Exhibit 14 to Martin Decl, #15 Exhibit 15 to Martin Decl)(Related document(s) #134 ) (Moore, Steven) (Filed on 2/22/2022)
February 22, 2022 Filing 136 EXHIBITS re #134 Opposition/Response to Motion, Exhibits 21-46 to the Declaration of Taylor J. Pfingst in Support of Opposition to MSJ filed byRothy's, Inc.(a Delaware corporation ). (Attachments: #1 Exhibit 22 to Pfingst Decl, #2 Exhibit 23 to Pfingst Decl, #3 Exhibit 24 to Pfingst Decl, #4 Exhibit 25 to Pfingst Decl, #5 Exhibit 26 to Pfingst Decl, #6 Exhibit 27 to Pfingst Decl, #7 Exhibit 28 to Pfingst Decl, #8 Exhibit 29 to Pfingst Decl, #9 Exhibit 30 to Pfingst Decl, #10 Exhibit 31 to Pfingst Decl, #11 Exhibit 32 to Pfingst Decl, #12 Exhibit 33 to Pfingst Decl, #13 Exhibit 34 to Pfingst Decl, #14 Exhibit 35 to Pfingst Decl, #15 Exhibit 36 to Pfingst Decl, #16 Exhibit 37 to Pfingst Decl, #17 Exhibit 38 to Pfingst Decl, #18 Exhibit 39 to Pfingst Decl, #19 Exhibit 40 to Pfingst Decl, #20 Exhibit 41 to Pfingst Decl, #21 Exhibit 42 to Pfingst Decl, #22 Exhibit 43 to Pfingst Decl, #23 Exhibit 44 to Pfingst Decl, #24 Exhibit 45 to Pfingst Decl, #25 Exhibit 46 to Pfingst Decl)(Related document(s) #134 ) (Moore, Steven) (Filed on 2/22/2022)
February 22, 2022 Filing 135 EXHIBITS re #134 Opposition/Response to Motion, Exhibits 4-20 to Declaration of T. Pfingst ISO Opposition to MSJ filed byRothy's, Inc.(a Delaware corporation ). (Attachments: #1 Exhibit 5 to Pfingst Decl, #2 Exhibit 6 to Pfingst Decl, #3 Exhibit 7 to Pfingst Decl, #4 Exhibit 8 to Pfingst Decl, #5 Exhibit 9 to Pfingst Decl, #6 Exhibit 10 to Pfingst Decl, #7 Exhibit 11 to Pfingst Decl, #8 Exhibit 12 to Pfingst Decl, #9 Exhibit 13 to Pfingst Decl, #10 Exhibit 14 to Pfingst Decl, #11 Exhibit 15 to Pfingst Decl, #12 Exhibit 16 to Pfingst Decl, #13 Exhibit 17 to Pfingst Decl, #14 Exhibit 18 to Pfingst Decl, #15 Exhibit 19 to Pfingst Decl, #16 Exhibit 20 to Pfingst Decl)(Related document(s) #134 ) (Moore, Steven) (Filed on 2/22/2022)
February 22, 2022 Filing 134 OPPOSITION/RESPONSE (re #67 MOTION for Summary Judgment of Invalidity, or in the Alternative, Noninfringement ) filed byRothy's, Inc.(a Delaware corporation ). (Attachments: #1 Pfingst Decl ISO MSJ, #2 Exhibit 1 to Pfingst Decl, #3 Exhibit 2 to Pfingst Decl, #4 Exhibit 3 to Pfingst Decl)(Moore, Steven) (Filed on 2/22/2022)
February 22, 2022 Filing 133 EXHIBITS re #129 Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed Unredacted Version of Exhibit 26 to Pfingst Decl filed byRothy's, Inc.(a Delaware corporation ). (Related document(s) #129 ) (Moore, Steven) (Filed on 2/22/2022)
February 22, 2022 Filing 132 EXHIBITS re #129 Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed Unredacted Exhibit 40 to Pfingst Declaration filed byRothy's, Inc.(a Delaware corporation ). (Related document(s) #129 ) (Moore, Steven) (Filed on 2/22/2022)
February 22, 2022 Filing 131 EXHIBITS re #129 Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed filed byRothy's, Inc.(a Delaware corporation ). (Attachments: #1 Unredacted Exhibit 30 to Pfingst Declaration, #2 Unredacted Exhibit 31 to Pfingst Declaration, #3 Unredacted Exhibit 32 to Pfingst Declaration, #4 Unredacted Exhibit 33 to Pfingst Declaration, #5 Unredacted Exhibit 34 to Pfingst Declaration, #6 Unredacted Exhibit 35 to Pfingst Declaration, #7 Unredacted Exhibit 36 to Pfingst Declaration, #8 Unredacted Exhibit 37 to Pfingst Declaration, #9 Unredacted Exhibit 38 to Pfingst Declaration, #10 Unredacted Exhibit 39 to Pfingst Declaration, #11 Unredacted Exhibit 41 to Pfingst Declaration, #12 Unredacted Exhibit 42 to Pfingst Declaration, #13 Unredacted Exhibit 43 to Pfingst Declaration, #14 Unredacted Exhibit 44 to Pfingst Declaration, #15 Unredacted Exhibit 45 to Pfingst Declaration)(Related document(s) #129 ) (Moore, Steven) (Filed on 2/22/2022)
February 22, 2022 Filing 130 EXHIBITS re #129 Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed filed byRothy's, Inc.(a Delaware corporation ). (Attachments: #1 Unredacted Exhibit 9 to Pfingst Declaration, #2 Unredacted Exhibit 10 to Pfingst Declaration, #3 Unredacted Exhibit 11 to Pfingst Declaration, #4 Unredacted Exhibit 13 to Pfingst Declaration, #5 Unredacted Exhibit 15 to Pfingst Declaration, #6 Unredacted Exhibit 16 to Pfingst Declaration, #7 Unredacted Exhibit 17 to Pfingst Declaration, #8 Unredacted Exhibit 18 to Pfingst Declaration, #9 Unredacted Exhibit 19 to Pfingst Declaration, #10 Unredacted Exhibit 24 to Pfingst Declaration, #11 Unredacted Exhibit 25 to Pfingst Declaration, #12 Unredacted Exhibit 27 to Pfingst Declaration, #13 Unredacted Exhibit 28 to Pfingst Declaration)(Related document(s) #129 ) (Moore, Steven) (Filed on 2/22/2022)
February 22, 2022 Filing 129 Administrative Motion to File Under Seal Administrative Motion to Consider Whether Another Party's Material Should be Sealed filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: #1 Proposed Order, #2 Redacted Version of PL's Opposition to MSJ, #3 Unredacted Version of PL's Opposition to MSJ, #4 Redacted Version of de Baere Declaration, #5 Unredacted Version of de Baere Declaration)(Moore, Steven) (Filed on 2/22/2022)
February 22, 2022 Filing 128 Administrative Motion to File Under Seal Admin Motion to Consider Whether Material Should be Filed Under Seal filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: #1 Proposed Order, #2 Martin Decl ISO Admin Mtn to Seal, #3 Martin Decl ISO Oppo to MSJ FUS)(Moore, Steven) (Filed on 2/22/2022)
February 22, 2022 Opinion or Order Filing 127 Order by Magistrate Judge Alex G. Tse denying #120 Discovery Letter Brief; denying #123 Discovery Letter Brief. (agtlc1, COURT STAFF) (Filed on 2/22/2022)
February 22, 2022 Filing 126 MANUAL FILING NOTIFICATION by Rothy's, Inc. (wsn, COURT STAFF) (Filed on 2/22/2022)
February 22, 2022 Received two pair shoes re #126 MANUAL FILING NOTIFICATION. (wsn, COURT STAFF) (Filed on 2/22/2022)
February 21, 2022 Filing 125 ADMINISTRATIVE MOTION An In-Person Summary Judgment Hearing Rothy's, Inc.'s Unopposed Administrative Motion Requesting an In-Person Summary Judgment Hearing filed by Rothy's, Inc.(a Delaware corporation ). Responses due by 2/25/2022. (Attachments: #1 Proposed Order)(Moore, Steven) (Filed on 2/21/2022)
February 19, 2022 Filing 124 CERTIFICATE OF SERVICE by Rothy's, Inc.(a Delaware corporation ) re #122 Administrative Motion to File Under Seal (Moore, Steven) (Filed on 2/19/2022)
February 19, 2022 Filing 123 Joint Discovery Letter BriefJoint Statement Regarding Failure to Produce All Financials Ordered for Production Under Dkt. 109 and Continued Deposition of Birdies' 30(b)(6) Witness filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: #1 Pfingst Decl ISO Joint Statement, #2 Exhibit A to Pfingst Decl FUS, #3 Exhibit B to Pfingst Decl FUS, #4 Exhibit C to Pfingst Decl FUS, #5 Exhibit to Pfingst Decl, #6 Exhibit E to Pfingst Decl FUS, #7 Exhibit F to Pfingst Decl, #8 Exhibit G to Pfingst Decl FUS, #9 Exhibit H to Pfingst Decl FUS, #10 Adams Decl ISO Joint Statement, #11 Exhibit A to Adams Decl, #12 Exhibit B to Adams Decl, #13 Exhibit C to Adams Decl, #14 Exhibit D to Adams Decl)(Moore, Steven) (Filed on 2/19/2022)
February 19, 2022 Filing 122 Administrative Motion to File Under Seal filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: #1 Exhibit Unredacted Ex. A, #2 Exhibit Unredacted Ex. B, #3 Exhibit Unredacted Ex. C, #4 Exhibit Unredacted Ex. E, #5 Exhibit Unredacted Ex. G, #6 Exhibit Unredacted Ex. H, #7 Proposed Order)(Moore, Steven) (Filed on 2/19/2022) Modified on 3/16/2022 (agtlc1, COURT STAFF).
February 19, 2022 Filing 121 CERTIFICATE OF SERVICE by Rothy's, Inc.(a Delaware corporation ) re #119 Administrative Motion to File Under Seal (Moore, Steven) (Filed on 2/19/2022)
February 18, 2022 Filing 120 Joint Discovery Letter BriefJoint Statement Regarding Birdies' Deficient Slack Message Production filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: #1 Pfingst Decl ISO Joint Statement, #2 Exhibit A to Pfingst Decl, #3 Exhibit B to Pfingst Decl, #4 Exhibit C to Pfingst Decl, #5 Exhibit D to Pfingst Decl, #6 Exhibit E to Pfingst Decl, #7 Exhibit F to Pfingst Decl, #8 Exhibit G to Pfingst Decl, #9 Exhibit H to Pfingst Decl, #10 Adams Decl ISO Joint Statement, #11 Exhibit A to Adams Decl, #12 Exhibit B to Adams Decl, #13 Exhibit C to Adams Decl, #14 Exhibit D to Adams Decl)(Moore, Steven) (Filed on 2/18/2022)
February 18, 2022 Filing 119 Administrative Motion to File Under Seal filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: #1 Exhibit Unredacted Ex. A, #2 Exhibit Unredacted Ex. B, #3 Exhibit Unredacted Ex. C, #4 Exhibit Unredacted Ex. D, #5 Exhibit Unredacted Ex. E, #6 Exhibit Unredacted Ex. F, #7 Exhibit Unredacted Ex. G, #8 Exhibit Unredacted Ex. H, #9 Proposed Order)(Moore, Steven) (Filed on 2/18/2022)
February 17, 2022 Filing 118 NOTICE of Appearance by Gregory P. Adams on Behalf of Defendant Birdies, Inc. (Adams, Gregory) (Filed on 2/17/2022)
February 15, 2022 Opinion or Order Filing 117 Order Setting Settlement Conference before Magistrate Judge: Settlement Conference set for 2/28/2022 at 10:00 AM in San Francisco, - Zoom Videoconference Only. Signed by Magistrate Judge Thomas S. Hixson on 2/15/2022. (rmm2, COURT STAFF) (Filed on 2/15/2022)
February 15, 2022 Opinion or Order Filing 116 ORDER REFERRING CASE directly to Magistrate Judge Thomas Hixson for Settlement. Signed by Judge Vince Chhabria on 2/15/2022. (knm, COURT STAFF) (Filed on 2/15/2022)
February 15, 2022 Motions terminated: #114 STIPULATION WITH PROPOSED ORDER STIPULATION REFERRING CASE TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE filed by Rothy's, Inc.(vclc1, COURT STAFF) (Filed on 2/15/2022) Modified on 2/16/2022 (knm, COURT STAFF).
February 14, 2022 Filing 115 REPLY (re #104 Administrative Motion to File Under Seal ) filed byBirdies, Inc.. (Attachments: #1 Declaration of Marisa Sharkey in Support of Response to Administrative Motion to File Materials Under Seal, #2 Declaration of Jessica M. Kaempf in Support of Response to Administrative Motion to File Materials Under Seal)(Kaempf, Jessica) (Filed on 2/14/2022)
February 14, 2022 Filing 114 STIPULATION WITH PROPOSED ORDER STIPULATION REFERRING CASE TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: #1 Proposed Order)(Moore, Steven) (Filed on 2/14/2022)
February 10, 2022 Filing 113 MOTION to Stay Discovery Pending Resolution of Birdies, Inc.'s Motion for Summary Judgment of Invalidity, or in the Alternative, Noninfringement (Dkt. No. 67) filed by Birdies, Inc.. Motion Hearing set for 3/17/2022 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 2/24/2022. Replies due by 3/3/2022. (Attachments: #1 Declaration of Jessica M. Kaempf in Support of Defendant's Motion to Stay Discovery, #2 Exhibit A, #3 Exhibit B, #4 [Proposed] Order Granting Motion to Stay Discovery)(Tellekson, David) (Filed on 2/10/2022)
February 9, 2022 Opinion or Order Filing 112 ORDER denying the plaintiff's emergency motion #105 , #107 . Signed by Judge Vince Chhabria on 02/09/2022. (vclc1, COURT STAFF) (Filed on 2/9/2022)
February 9, 2022 Filing 111 REPLY (re #107 MOTION to Shorten Time ) filed byRothy's, Inc.. (Moore, Steven) (Filed on 2/9/2022)
February 9, 2022 Filing 110 OPPOSITION/RESPONSE (re #107 MOTION to Shorten Time ) filed byBirdies, Inc.. (Attachments: #1 Declaration of Jessica Kaempf ISO, #2 Exhibit A, #3 Exhibit B)(Tellekson, David) (Filed on 2/9/2022)
February 8, 2022 Opinion or Order Filing 109 Order by Magistrate Judge Alex G. Tse granting in part and denying in part #103 Discovery Letter Brief. (agtlc1, COURT STAFF) (Filed on 2/8/2022)
February 8, 2022 Opinion or Order Filing 108 ORDER: Birdies is directed to respond to the emergency administrative motion filed by Rothy's no later than 12:00 p.m. tomorrow, February 9, 2022. The deposition scheduled for tomorrow should move forward, and if Rothy's can demonstrate a need for another day or half day, it can request that. Signed by Judge Vince Chhabria on 02/08/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) (Filed on 2/8/2022)
February 7, 2022 Filing 107 MOTION to Shorten Time filed by Rothy's, Inc.. (Attachments: #1 Declaration of Taylor Pfingst ISO, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order)(Moore, Steven) (Filed on 2/7/2022)
February 7, 2022 Filing 106 Declaration of Taylor Pfingst in Support of #105 MOTION to Shorten Time filed byRothy's, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Related document(s) #105 ) (Pfingst, Taylor) (Filed on 2/7/2022)
February 7, 2022 Filing 105 MOTION to Shorten Time filed by Rothy's, Inc.. (Attachments: #1 Proposed Order)(Moore, Steven) (Filed on 2/7/2022)
February 7, 2022 Filing 104 Administrative Motion to File Under Seal filed by Rothy's, Inc.. (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit Unredacted Version, #4 Supplement)(Moore, Steven) (Filed on 2/7/2022)
February 4, 2022 Filing 103 Joint Discovery Letter Brief re Additional Summary Judgment Discovery filed by Rothy's, Inc.. (Attachments: #1 Declaration of Taylor Pfingst ISO, #2 Declaration of Jessica Kaempf ISO)(Moore, Steven) (Filed on 2/4/2022)
February 3, 2022 Opinion or Order Filing 102 Order by Magistrate Judge Alex G. Tse granting in part and denying in part #96 Discovery Letter Brief; granting in part and denying in part #97 Discovery Letter Brief. (agtlc1, COURT STAFF) (Filed on 2/3/2022)
February 3, 2022 Opinion or Order Filing 101 ORDER: Birdies' motion to extend the ADR deadline #93 is granted in part. The deadline shall be March 14, 2022. Signed by Judge Vince Chhabria on 02/03/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) (Filed on 2/3/2022)
February 2, 2022 Filing 100 RESPONSE re #93 MOTION to Extend ADR Deadline by Rothy's, Inc.(a Delaware corporation ). (Attachments: #1 Declaration of Taylor Pfingst, #2 Proposed Order)(Moore, Steven) (Filed on 2/2/2022)
February 1, 2022 Filing 99 EXHIBITS re #95 Order on Administrative Motion to File Under Seal Exhibits G and L to the Declaration of Kasey E. Koballa in Support of Joint Statement Regarding Birdies' Discovery Responses #89 filed byRothy's, Inc.(a Delaware corporation ). (Attachments: #1 Exhibit)(Related document(s) #95 ) (Moore, Steven) (Filed on 2/1/2022)
January 31, 2022 Opinion or Order Filing 98 ORDER re: #93 Motion to Extend the ADR Deadline. Although noticed as a formal motion, the Court construes the defendant's motion to extend the ADR deadline as an administrative motion. The plaintiff may respond to the motion by filing a brief no longer than 5 pages by 2:00 p.m. on Wednesday, February 2, 2022. Signed by Judge Vince Chhabria on 01/31/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) (Filed on 1/31/2022)
January 27, 2022 Filing 97 Joint Discovery Letter BriefJoint Statement re ESI Discovery filed by Rothy's, Inc.. (Attachments: #1 Declaration of Kevin Bell, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Declaration of Jessica Kaempf, #7 Exhibit A, #8 Exhibit B)(Moore, Steven) (Filed on 1/27/2022)
January 27, 2022 Filing 96 Joint Discovery Letter Brief(Joint Statement) filed by Rothy's, Inc.. (Attachments: #1 Declaration of Taylor Pfingst ISO, #2 Exhibit A, #3 Exhibit B, #4 Declaration of Jessica Kaempf, #5 Exhibit A)(Moore, Steven) (Filed on 1/27/2022)
January 25, 2022 Opinion or Order Filing 95 Order by Magistrate Judge Alex G. Tse denying #88 Administrative Motion to File Under Seal. (agtlc1, COURT STAFF) (Filed on 1/25/2022)
January 24, 2022 Filing 94 OPPOSITION/RESPONSE (re #88 Administrative Motion to File Under Seal ) filed byBirdies, Inc.. (Attachments: #1 Declaration of Marisa Sharkey in Support of Response to Administrative Motion to File Documents Under Seal, #2 Declaration of Jessica Kaempf in Support of Response to Administrative Motion to File Documents Under Seal)(Kaempf, Jessica) (Filed on 1/24/2022)
January 21, 2022 Filing 93 MOTION to Extend ADR Deadline filed by Birdies, Inc.. Responses due by 2/4/2022. Replies due by 2/11/2022. (Attachments: #1 Declaration of Jessica M. Kaempf in Support of Birdies, Inc.'s Motion to Extend ADR Deadline, #2 [Proposed] Order Granting Birdies, Inc.'s Motion to Extend ADR Deadline)(Tellekson, David) (Filed on 1/21/2022)
January 20, 2022 Opinion or Order Filing 92 Order by Magistrate Judge Alex G. Tse denying #89 Discovery Letter Brief. (agtlc1, COURT STAFF) (Filed on 1/20/2022)
January 19, 2022 Filing 91 Notice of Withdrawal of Motion to Stay Discovery [Dkt. 68] (Tellekson, David) (Filed on 1/19/2022)
January 17, 2022 Filing 90 CERTIFICATE OF SERVICE by Rothy's, Inc.(a Delaware corporation ) re #88 Administrative Motion to File Under Seal (Moore, Steven) (Filed on 1/17/2022)
January 17, 2022 Filing 89 Statement Joint Statement Regarding Birdies' Discovery Responses and Document Production by Rothy's, Inc.(a Delaware corporation ). (Attachments: #1 Declaration of K. Koballa ISO Joint Statement, #2 Exhibit A to Koballa Decl, #3 Exhibit B to Koballa Decl, #4 Exhibit C to Koballa Decl, #5 Exhibit D to Koballa Decl, #6 Exhibit E to Koballa Decl, #7 Exhibit F to Koballa Decl, #8 Exhibit G to Koballa Decl (Redacted), #9 Exhibit H to Koballa Decl, #10 Exhibit I to Koballa Decl, #11 Exhibit J to Koballa Decl, #12 Exhibit K to Koballa Decl, #13 Exhibit L to Koballa Decl (Filed Under Seal), #14 Exhibit M to Koballa Decl, #15 Declaration J. Kaempf ISO Joint Statement, #16 Exhibit 1 to Kaempf Decl, #17 Exhibit 2 to Kaempf Decl, #18 Exhibit 3 to Kaempf Decl, #19 Exhibit 4 to Kaempf Decl, #20 Exhibit 5 to Kaempf Decl, #21 Exhibit 6 to Kaempf Decl)(Moore, Steven) (Filed on 1/17/2022) Modified on 1/18/2022 (agtlc1, COURT STAFF).
January 17, 2022 Filing 88 Administrative Motion to File Under Seal filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: #1 Proposed Order, #2 Exhibit Redacted Version of Exhibit G, #3 Exhibit Unredacted Version of Exhibit G, #4 Exhibit Unredacted Version of Exhibit L)(Moore, Steven) (Filed on 1/17/2022)
January 14, 2022 Filing 87 Transcript of Proceedings held on 1/6/22, before Judge Vince Chhabria. Court Reporter/Transcriber Access Transcripts, telephone number 8558732223. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #83 Transcript Order ) Redaction Request due 2/4/2022. Redacted Transcript Deadline set for 2/14/2022. Release of Transcript Restriction set for 4/14/2022. (Related documents(s) #83 ) (Watson, Ilene) (Filed on 1/14/2022)
January 11, 2022 Filing 86 CLERK'S NOTICE SETTING BRIEFING SCHEDULE RE #68 MOTION TO STAY Discovery Pending Resolution of Birdie, Inc.'s Motion for Summary Judgment per #85 Order. Responses due by 2/22/2022. Replies due by 3/3/2022. Motion Hearing set for 3/17/2022 at 10:00 AM by Videoconference Only before Judge Vince Chhabria. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, March 10, 2022, by no later than 10:00AM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)( bxs, COURT STAFF) (Filed on 1/11/2022)
January 10, 2022 Opinion or Order Filing 85 Order by Judge Vince Chhabria granting #84 stipulation to modify briefing schedule. (vclc1, COURT STAFF) (Filed on 1/10/2022)
January 7, 2022 Filing 84 STIPULATION WITH PROPOSED ORDER re #68 MOTION to Stay Discovery Pending Resolution of Birdie, Inc.'s Motion for Summary Judgment, 81 Motion Hearing,,,,,,,,, Terminate Motion and Deadlines/Hearings,,,,,,,,, Set Motion and Deadlines/Hearings,,,,,,,,, Util - Teleconference Zoom,,,,,,,,, Order on Motion for Extension of Time to File Response/Reply,,,,,,,, filed by Rothy's, Inc.. (Attachments: #1 Proposed Order)(Pfingst, Taylor) (Filed on 1/7/2022)
January 7, 2022 Filing 83 TRANSCRIPT ORDER for proceedings held on 2022-01-06 before Judge Vince Chhabria by Rothy's, Inc., for Court Reporter FTR - San Francisco. (Pfingst, Taylor) (Filed on 1/7/2022)
January 7, 2022 Filing 82 TRANSCRIPT ORDER for proceedings held on 01/06/2022 before Judge Vince Chhabria by Birdies, Inc., for Court Reporter FTR - San Francisco. (Kaempf, Jessica) (Filed on 1/7/2022)
January 6, 2022 Filing 81 Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held via Zoom on 1/6/2022 re #75 MOTION for Extension of Time to File Response/Reply as to #67 MOTION for Summary Judgment. Oral arguments made and heard. #75 MOTION for Extension of Time to File Response/Reply as to #67 MOTION for Summary Judgment is granted. Responses due by 2/22/2022. Motion Hearing set for 3/17/2022 at 10:00 AM by Videoconference Only before Judge Vince Chhabria. This proceeding will be held via a Zoom webinar. Parties are notified that the 3/17/2022 hearing is subject to be continued due to Judge Chhabria potentially being in trial.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, March 10, 2022, by no later than 10:00AM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/.Total Time in Court: 23 minutes. Court Reporter: Hearing recorded via Zoom: 10:28 - 10:51. Plaintiff Attorney: Steven Moore, Megan Bussey, Taylor Pfingst. Defendant Attorney: David Tellekson, Jessica Kaempf. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Date Filed: 1/6/2022) Modified on 1/10/2022: Matter transcribed by Ilene Watson (Access Transcripts). (rjd, COURT STAFF).
January 5, 2022 Opinion or Order Filing 80 Order by Judge Vince Chhabria granting #79 Motion for Pro Hac Vice - Koballa. (bxs, COURT STAFF) (Filed on 1/5/2022)
January 4, 2022 Filing 79 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16770392.) filed by Rothy's, Inc.(a Delaware corporation ). (Koballa, Kasey) (Filed on 1/4/2022)
January 4, 2022 Filing 78 CLERK'S NOTICE SCHEDULING MOTION HEARING re #75 MOTION for Extension of Time to File Response/Reply FOR 1/6/2022, PROVIDING ZOOM ACCESS AND REQUIRING ADVANCE REGISTRATION OF COUNSEL. Motion Hearing set for 1/6/2022 at 10:00 AM by Videoconference Only before Judge Vince Chhabria. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Wednesday, January 5th, 2022, by no later than 10:00AM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 1/4/2022)
January 4, 2022 Opinion or Order Filing 77 Order by Judge Vince Chhabria granting #74 Stipulation. Rothy's opposition to the motion for summary judgment is due by 1/20/2022. Birdies' reply is due by 1/27/2022. (vclc1, COURT STAFF) (Filed on 1/4/2022)
January 3, 2022 Filing 76 OPPOSITION/RESPONSE (re #75 MOTION for Extension of Time to File Response/Reply as to #67 MOTION for Summary Judgment of Invalidity, or in the Alternative, Noninfringement NOTICE OF MOTION AND MOTION TO EXTEND BRIEFING SCHEDULE AND HEARING DATE ) [Birdies, Inc.'s Opposition to Plaintiff's Motion to Extend Briefing Schedule and Hearing Date] filed byBirdies, Inc.. (Attachments: #1 Declaration of Jessica M. Kaempf in Support of Birdies, Inc.'s Opposition to Plaintiff's Motion to Extend Briefing Schedule and Hearing Date, #2 Exhibit 1 to the Declaration of Jessica M. Kaempf, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Proposed Order)(Tellekson, David) (Filed on 1/3/2022)
December 30, 2021 Filing 75 MOTION for Extension of Time to File Response/Reply as to #67 MOTION for Summary Judgment of Invalidity, or in the Alternative, Noninfringement NOTICE OF MOTION AND MOTION TO EXTEND BRIEFING SCHEDULE AND HEARING DATE filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: #1 Pfingst Declaration, #2 Proposed Order)(Moore, Steven) (Filed on 12/30/2021)
December 30, 2021 Filing 74 STIPULATION WITH PROPOSED ORDER re #67 MOTION for Summary Judgment of Invalidity, or in the Alternative, Noninfringement JOINT STIPULATION AND REQUEST TO EXTEND THE PARTIES BRIEFING SCHEDULE AND [PROPOSED] ORDER filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: #1 Proposed Order)(Moore, Steven) (Filed on 12/30/2021)
December 29, 2021 Opinion or Order Filing 73 Order by Judge Vince Chhabria granting #72 Motion for Pro Hac Vice - Bussey. (bxs, COURT STAFF) (Filed on 12/29/2021)
December 29, 2021 Filing 72 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number BCANDC-16758067.) filed by Rothy's, Inc.. (Bussey, Megan) (Filed on 12/29/2021)
December 29, 2021 Opinion or Order Filing 71 Order by Judge Vince Chhabria granting #70 Motion for Pro Hac Vice - Bell. (bxs, COURT STAFF) (Filed on 12/29/2021)
December 28, 2021 Filing 70 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16756787.) Filing fee previously paid on 12/28/2021 filed by Rothy's, Inc.. (Bell, Kevin) (Filed on 12/28/2021)
December 28, 2021 Filing 69 CERTIFICATE OF SERVICE by Birdies, Inc. re #66 Administrative Motion to File Under Seal [Administrative Motion to Consider Whether Another Party's Material Should Be Sealed] (Tellekson, David) (Filed on 12/28/2021)
December 27, 2021 Filing 68 MOTION to Stay Discovery Pending Resolution of Birdie, Inc.'s Motion for Summary Judgment filed by Birdies, Inc.. Motion Hearing set for 2/10/2022 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 1/10/2022. Replies due by 1/18/2022. (Attachments: #1 Proposed Order)(Tellekson, David) (Filed on 12/27/2021)
December 27, 2021 Filing 67 MOTION for Summary Judgment of Invalidity, or in the Alternative, Noninfringement filed by Birdies, Inc.. Motion Hearing set for 2/10/2022 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 1/10/2022. Replies due by 1/18/2022. (Attachments: #1 Defendant Birdies, Inc.'s Table of Exhibits, #2 Appendix A to Defendant Birdies, Inc.'s Table of Exhibits, #3 Appendix B to Defendant Birdies, Inc.'s Table of Exhibits, #4 Declaration of Marisa Sharkey in Support of Birdies, Inc.'s Motion for Summary Judgment of Invalidity, or in the Alternative, Noninfringement, #5 Exhibit A to the Declaration of Marisa Sharkey, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K, #16 Exhibit L, #17 Exhibit M, #18 Declaration of Jessica M. Kaempf in Support of Birdies, Inc.'s Motion for Summary Judgment of Invalidity, or in the Alternative, Noninfringement, #19 Exhibit 1 to the Declaration of Jessica M. Kaempf, #20 Exhibit 2, #21 Exhibit 3, #22 Exhibit 4, #23 Exhibit 5, #24 Exhibit 6, #25 Exhibit 7, #26 Exhibit 8, #27 Exhibit 9, #28 Exhibit 10, #29 Exhibit 11, #30 Exhibit 12, #31 Exhibit 13, #32 Exhibit 14, #33 Exhibit 15, #34 Exhibit 16, #35 Exhibit 17, #36 Exhibit 18, #37 Exhibit 19, #38 Exhibit 20, #39 Exhibit 21, #40 Exhibit 22, #41 Exhibit 23, #42 Exhibit 24, #43 Exhibit 25, #44 Exhibit 26, #45 Exhibit 27 (Filed Under Seal), #46 Exhibit 28, #47 Exhibit 29, #48 Exhibit 30, #49 Exhibit 31, #50 Exhibit 32, #51 Exhibit 33, #52 Exhibit 34, #53 Exhibit 35 (Filed Under Seal), #54 Exhibit 36 (Filed Under Seal), #55 Exhibit 37, #56 Exhibit 38, #57 Exhibit 39, #58 Exhibit 40, #59 Exhibit 41, #60 Exhibit 42, #61 Exhibit 43, #62 Exhibit 44, #63 Exhibit 45, #64 Exhibit 46, #65 Exhibit 47, #66 Exhibit 48, #67 Exhibit 49, #68 Exhibit 50, #69 Exhibit 51, #70 Exhibit 52, #71 Exhibit 53)(Tellekson, David) (Filed on 12/27/2021)
December 27, 2021 Filing 66 Administrative Motion to File Under Seal [Administrative Motion to Consider Whether Another Party's Material Should Be Sealed] filed by Birdies, Inc.. (Attachments: #1 Proposed Order Granting Defendant's Administrative Motion to Consider Whether Another Party's Material Should Be Sealed, #2 Unredacted Version of Exhibit 27 to the Declaration of Jessica M. Kaempf, #3 Unredacted Version of Exhibit 35 to the Declaration of Jessica M. Kaempf, #4 Unredacted Version of Exhibit 36 to the Declaration of Jessica M. Kaempf)(Tellekson, David) (Filed on 12/27/2021)
December 20, 2021 Set Deadlines/Hearings re #65 : Case Management Statement due by 4/20/2022. Further Case Management Conference set for 4/27/2022 at 01:00 PM by Videoconference Only. Close of Fact Discovery due by 6/1/2022. Opening Expert Disclosures due by 6/8/2022. Rebuttal Expert Disclosures due by 7/6/2022. Close of Expert Discovery due by 7/20/2022. Dispositive Motions due by 8/3/2022. Dispositive Motion Hearing set for 9/8/2022 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Pretrial Conference set for 11/1/2022 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Jury Trial set for 11/14/2022 at 08:30 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (bxs, COURT STAFF) (Filed on 12/20/2021)
December 17, 2021 Opinion or Order Filing 65 Order by Judge Vince Chhabria granting #64 stipulation modifying case schedule. (vclc1, COURT STAFF) (Filed on 12/17/2021)
December 17, 2021 Filing 64 STIPULATION WITH PROPOSED ORDER re #33 Order on Stipulation,, JOINT STIPULATION AND [PROPOSED] ORDER REQUESTING MODIFICATION OF CASE SCHEDULE filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: #1 Pfingst Declaration, #2 Exhibit A, #3 Proposed Order)(Moore, Steven) (Filed on 12/17/2021)
December 14, 2021 Opinion or Order Filing 63 Order by Judge Vince Chhabria granting #62 Motion to Withdraw as Attorney. (vclc1, COURT STAFF) (Filed on 12/14/2021)
December 14, 2021 Filing 62 MOTION to Withdraw as Attorney and Proposed Order for Plaintiff Rothy's, Inc. - Brian Gold filed by Rothy's, Inc.(a Delaware corporation ). Responses due by 12/28/2021. Replies due by 1/4/2022. (Gold, Brian) (Filed on 12/14/2021)
December 14, 2021 Opinion or Order Filing 61 Order by Judge Vince Chhabria granting #57 Motion to Withdraw as Attorney. (vclc1, COURT STAFF) (Filed on 12/14/2021)
December 14, 2021 Opinion or Order Filing 60 Order by Judge Vince Chhabria granting #56 Motion to Withdraw as Attorney. (vclc1, COURT STAFF) (Filed on 12/14/2021)
December 14, 2021 Opinion or Order Filing 59 Order by Judge Vince Chhabria granting #55 Motion to Withdraw as Attorney. (vclc1, COURT STAFF) (Filed on 12/14/2021)
December 14, 2021 Opinion or Order Filing 58 Order by Judge Vince Chhabria granting #54 Motion to Withdraw as Attorney. (vclc1, COURT STAFF) (Filed on 12/14/2021)
December 14, 2021 Filing 57 MOTION to Withdraw as Attorney and Proposed Order for Plaintiff Rothy's, Inc. - Jeff Leung filed by Rothy's, Inc.(a Delaware corporation ). Responses due by 12/28/2021. Replies due by 1/4/2022. (Leung, Jeff) (Filed on 12/14/2021)
December 14, 2021 Filing 56 MOTION to Withdraw as Attorney and Proposed Order for Plaintiff Rothy's, Inc. - Jacob M. Gilbert filed by Rothy's, Inc.(a Delaware corporation ). Responses due by 12/28/2021. Replies due by 1/4/2022. (Gilbert, Jacob) (Filed on 12/14/2021)
December 14, 2021 Filing 55 MOTION to Withdraw as Attorney and Proposed Order for Plaintiff Rothy's, Inc. - Janine A. Carlan filed by Rothy's, Inc.(a Delaware corporation ). Responses due by 12/28/2021. Replies due by 1/4/2022. (Carlan, Janine) (Filed on 12/14/2021)
December 14, 2021 Filing 54 MOTION to Withdraw as Attorney and Proposed Order for Plaintiff Rothy's, Inc. - Michelle Mancino Marsh filed by Rothy's, Inc.(a Delaware corporation ). Responses due by 12/28/2021. Replies due by 1/4/2022. (Marsh, Michelle) (Filed on 12/14/2021)
December 3, 2021 Opinion or Order Filing 53 ORDER Re: Discovery of Electronically Stored Information by Magistrate Judge Alex G. Tse. (shy, COURT STAFF) (Filed on 12/3/2021)
December 3, 2021 Opinion or Order Filing 52 DISCOVERY ORDER by Magistrate Judge Alex G. Tse: denying #48 Defendant's Requests. (shy, COURT STAFF) (Filed on 12/3/2021)
November 30, 2021 Filing 51 NOTICE of Appearance by Taylor Jacqueline Pfingst (Pfingst, Taylor) (Filed on 11/30/2021)
November 30, 2021 Filing 50 NOTICE of Appearance by Steven David Moore (Moore, Steven) (Filed on 11/30/2021)
November 30, 2021 Opinion or Order Filing 49 ORDER REFERRING CASE to randomly assigned Magistrate Judge for Discovery purposes. Signed by Judge Vince Chhabria on 11/30/2021. (bxs, COURT STAFF) (Filed on 11/30/2021)
November 30, 2021 CASE REFERRED to Magistrate Judge Alex G. Tse for Discovery (ahm, COURT STAFF) (Filed on 11/30/2021)
November 24, 2021 Filing 48 Letter from Michelle Mancino Marsh Regarding ESI Order. (Attachments: #1 Exhibit Rothy's Proposed ESI Order, #2 Exhibit Rothy's Redline Comparison, #3 Exhibit Birdies' Proposed ESI Order, #4 Exhibit Birdies' Redline Comparison)(Carlan, Janine) (Filed on 11/24/2021) Modified on 12/2/2021 (agtlc1, COURT STAFF).
October 18, 2021 Opinion or Order Filing 47 Order by Judge Vince Chhabria granting #46 Motion for Pro Hac Vice - Gold. (bxsS, COURT STAFF) (Filed on 10/18/2021)
October 18, 2021 Filing 46 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16508482.) filed by Rothy's, Inc.(a Delaware corporation ). (Attachments: #1 Certificate of Good Standing)(Gold, Brian) (Filed on 10/18/2021)
October 12, 2021 Filing 45 ANSWER To Defendant's COUNTERCLAIMS To First Amended Complaint For Patent Infringement re #44 Answer to Amended Complaint, Counterclaim by Rothy's, Inc. (a Delaware corporation ). (Carlan, Janine) (Filed on 10/12/2021) Modified on 10/12/2021 (jlgS, COURT STAFF).
September 20, 2021 Filing 44 ANSWER and COUNTERCLAIMS to First Amended Complaint FAC for Patent Infringement, against All Plaintiffs by Birdies, Inc. (Tellekson, David) (Filed on 9/20/2021) Modified on 9/21/2021 (jlgS, COURT STAFF).
September 13, 2021 Opinion or Order Filing 43 Order by Judge Vince Chhabria granting #42 Stipulated Protective Order. (vclc1S, COURT STAFF) (Filed on 9/13/2021)
September 10, 2021 Filing 42 STIPULATED Protective Order for Litigation Involving Patents and Highly Sensitive Confidential Information filed by Rothy's, Inc. (Leung, Jeff) (Filed on 9/10/2021) Modified on 9/13/2021 (jlgS, COURT STAFF).
September 6, 2021 Filing 41 AMENDED COMPLAINT against Birdies, Inc.. Filed byRothy's, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Carlan, Janine) (Filed on 9/6/2021)
September 6, 2021 Filing 40 TRANSCRIPT ORDER for proceedings held on July 7, 2021 before Judge Vince Chhabria by Birdies, Inc., for Court Reporter Joan Columbini. (Kaempf, Jessica) (Filed on 9/6/2021)
September 6, 2021 Filing 39 Transcript of Proceedings held on July 7, 2021, before Judge Vince Chhabria. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, telephone number (510) 367-3043, joan.columbini.csr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #38 Transcript Order ) Redaction Request due 9/27/2021. Redacted Transcript Deadline set for 10/7/2021. Release of Transcript Restriction set for 12/6/2021. (Related documents(s) #38 ) (Columbini, Joan) (Filed on 9/6/2021)
September 2, 2021 Filing 38 TRANSCRIPT ORDER for proceedings held on 07/07/2021 before Judge Vince Chhabria by Rothy's, Inc., for Court Reporter FTR - San Francisco. (Carlan, Janine) (Filed on 9/2/2021)
August 31, 2021 Opinion or Order Filing 37 Order by Judge Vince Chhabria granting #35 Motion to Withdraw as Attorney. (vclc1S, COURT STAFF) (Filed on 8/31/2021)
August 31, 2021 Filing 36 NOTICE of Appearance by Janine Alison Carlan for Plaintiff Rothy's, Inc. (Carlan, Janine) (Filed on 8/31/2021)
August 31, 2021 Filing 35 MOTION to Withdraw as Attorney for Plaintiff Rothy's, Inc. - Dana J. Finberg filed by Rothy's, Inc.. Responses due by 9/14/2021. Replies due by 9/21/2021. (Attachments: #1 Proposed Order)(Finberg, Dana) (Filed on 8/31/2021)
August 27, 2021 Filing 34 NOTICE of Appearance by Jacob M. Gilbert (Gilbert, Jacob) (Filed on 8/27/2021)
July 23, 2021 Opinion or Order Filing 33 Order by Judge Vince Chhabria granting #32 Corrected Stipulated Proposed Schedule. Amended Pleadings due by 9/6/2021. Case Management Statement due by 1/26/2022. Further Case Management Conference set for 2/2/2022 02:00 PM in San Francisco, - Videoconference Only. Final Pretrial Conference set for 9/20/2022 10:00 AM in San Francisco, Courtroom 04, 17th Floor. Jury Trial set for 10/3/2022 09:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Motion Hearing set for 6/9/2022 02:00 PM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria.(vclc1S, COURT STAFF) (Filed on 7/23/2021)
July 19, 2021 Filing 32 STIPULATION WITH PROPOSED ORDER Corrected Stipulated Proposed Schedule filed by Rothy's, Inc.. (Leung, Jeff) (Filed on 7/19/2021)
July 14, 2021 Opinion or Order Filing 31 ORDER re #30 STIPULATION WITH PROPOSED ORDER. No later than 5 days from the date of this order, the parties are ordered to file a corrected stipulated proposed schedule in compliance with the Standing Order for Civil Cases Before Judge Chhabria and the Standing Order for Civil Trials Before Judge Chhabria. The parties should also consult Judge Chhabria's public calendar for available dates for case management conferences. Finally, any Daubert challenges relevant to a dispositive motion should be embedded in the briefing on that motion, rather than a separate parallel motion. Signed by Judge Vince Chhabria on 7/14/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1S, COURT STAFF) (Filed on 7/14/2021)
July 9, 2021 Filing 30 STIPULATION WITH PROPOSED ORDER Joint Stipulation and [Proposed] Order filed by Rothy's, Inc.. (Leung, Jeff) (Filed on 7/9/2021)
July 7, 2021 Filing 29 Minute Entry for proceedings held before Judge Vince Chhabria: Initial Case Management Conference held via Zoom on 7/7/2021.The parties are ordered to file by 7/9/2021, a stipulation and proposed order containing a revised case schedule with actual hearing and due dates, and center around a trial on 10/3/2022, pretrial conference on 9/20/2022, at 10:00 a.m., and last day to hear dispositive motions of 6/9/2022. The stipulation should include a date for a further case management conference in February or March of 2022.Total Time in Court: 11 minutes. Court Reporter: Hearing recorded via Zoom: 3:13 - 3:24. Plaintiff Attorney: Dana Finberg, Michelle Marsh, and Jeff Leung. Defendant Attorney: David Tellekson and Jessica Kaempf. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knmS, COURT STAFF) (Date Filed: 7/7/2021)
June 30, 2021 Filing 28 JOINT CASE MANAGEMENT STATEMENT filed by Rothy's, Inc.. (Leung, Jeff) (Filed on 6/30/2021)
June 29, 2021 Filing 27 ANSWER to Counterclaim Plaintiff/Counterclaim Defendant Rothy's, Inc.'s Answer to Defendant/Counterclaim Plaintiff Birdies, Inc.'s Counterclaims byRothy's, Inc.. (Leung, Jeff) (Filed on 6/29/2021)
June 18, 2021 Opinion or Order Filing 26 Order by Judge Vince Chhabria granting #25 Motion to Withdraw as Attorney..(vclc1S, COURT STAFF) (Filed on 6/18/2021)
June 17, 2021 Filing 25 MOTION to Withdraw as Attorney for Plaintiff Rothy's, Inc. - Peter L. Menchini filed by Rothy's, Inc.. Responses due by 7/1/2021. Replies due by 7/8/2021. (Attachments: #1 Proposed Order)(Menchini, Peter) (Filed on 6/17/2021)
June 16, 2021 Filing 24 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Finberg, Dana) (Filed on 6/16/2021)
June 16, 2021 Filing 23 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Tellekson, David) (Filed on 6/16/2021)
June 7, 2021 Filing 22 Certificate of Interested Entities by Birdies, Inc. and Corporate Disclosure Statement (Tellekson, David) (Filed on 6/7/2021)
June 7, 2021 Filing 21 ANSWER to Complaint with Jury Demand , COUNTERCLAIM to Complaint for Patent Infringement against Rothy's, Inc. byBirdies, Inc.. (Tellekson, David) (Filed on 6/7/2021)
June 3, 2021 Opinion or Order Filing 20 Order by Judge Vince Chhabria granting #18 Motion for Pro Hac Vice - Tellekson.(knmS, COURT STAFF) (Filed on 6/3/2021)
June 3, 2021 Opinion or Order Filing 19 Order by Judge Vince Chhabria granting #17 Motion for Pro Hac Vice - Kaempf.(knmS, COURT STAFF) (Filed on 6/3/2021)
June 2, 2021 Filing 18 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16034678.) filed by Birdies, Inc.. (Attachments: #1 Certificate of Good Standing)(Tellekson, David) (Filed on 6/2/2021)
June 2, 2021 Filing 17 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16034315.) filed by Birdies, Inc.. (Attachments: #1 Certificate of Good Standing)(Kaempf, Jessica) (Filed on 6/2/2021)
June 2, 2021 Filing 16 NOTICE of Appearance by Shannon Elizabeth Turner on behalf of Defendant Birdies, Inc. (Turner, Shannon) (Filed on 6/2/2021)
April 30, 2021 Opinion or Order Filing 15 Order by Judge Vince Chhabria granting #13 Motion for Pro Hac Vice - Menchini.(knmS, COURT STAFF) (Filed on 4/30/2021)
April 30, 2021 Opinion or Order Filing 14 Order by Judge Vince Chhabria granting #12 Motion for Pro Hac Vice - Marsh.(knmS, COURT STAFF) (Filed on 4/30/2021)
April 29, 2021 Filing 13 MOTION for leave to appear in Pro Hac Vice - Peter L Menchini ( Filing fee $ 317, receipt number 0971-15907044.) filed by Rothy's, Inc.. (Menchini, Peter) (Filed on 4/29/2021)
April 29, 2021 Filing 12 MOTION for leave to appear in Pro Hac Vice - Michelle Mancino Marsh ( Filing fee $ 317, receipt number 0971-15906111.) filed by Rothy's, Inc.. (Marsh, Michelle) (Filed on 4/29/2021)
April 29, 2021 Filing 11 Rule 7.1 Disclosures by Rothy's, Inc. (Finberg, Dana) (Filed on 4/29/2021)
April 8, 2021 Filing 10 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 6/30/2021. Initial Case Management Conference set for 7/7/2021, 02:00 PM, by Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances:< /b< Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, July 1, 2021, by no later than 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knmS, COURT STAFF) (Filed on 4/8/2021)
April 8, 2021 Opinion or Order Filing 9 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins no longer assigned to case. Reassignment Order signed by Clerk on 4/8/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 4/8/2021)
April 7, 2021 Filing 8 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 4/7/2021)
April 7, 2021 Filing 7 REPORT on the filing or determination of an action regarding a Patent or Trademark (cc: form mailed to register). (Finberg, Dana) (Filed on 4/7/2021)
April 7, 2021 Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Rothy's, Inc... (Finberg, Dana) (Filed on 4/7/2021)
April 6, 2021 Filing 5 Summons Issued as to Birdies, Inc. (sfbS, COURT STAFF) (Filed on 4/6/2021)
April 6, 2021 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/30/2021. Initial Case Management Conference set for 7/7/2021 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 4/6/2021)
April 5, 2021 Filing 3 Case assigned to Magistrate Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/19/2021. (mbcS, COURT STAFF) (Filed on 4/5/2021)
April 5, 2021 Filing 2 Proposed Summons. (Finberg, Dana) (Filed on 4/5/2021)
April 5, 2021 Filing 1 COMPLAINT against Birdies, Inc. ( Filing fee $ 402, receipt number 0971-15796133.). Filed byRothy's, Inc.. (Attachments: #1 Exhibit Exh A, #2 Exhibit Exh B, #3 Exhibit Exh C, #4 Exhibit Exh D, #5 Civil Cover Sheet)(Finberg, Dana) (Filed on 4/5/2021)

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Search for this case: Rothy's, Inc. v. Birdies, Inc.
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Defendant: Birdies, Inc.
Represented By: Shannon Elizabeth Turner
Represented By: David K. Tellekson
Represented By: Jessica Andrea Martinez Kaempf
Represented By: Deena Julia Greenberg Feit
Represented By: Gregory P. Adams
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Plaintiff: Rothy's, Inc.
Represented By: Dana Johannes Finberg
Represented By: Jeff Leung
Represented By: Michelle Mancino Marsh
Represented By: Peter Leonard Menchini
Represented By: Steven David Moore
Represented By: Brian Harris Gold
Represented By: Jacob M. Gilbert
Represented By: Janine Alison Carlan
Represented By: Kasey Koballa
Represented By: Kevin Michael Bell
Represented By: Megan E. Bussey
Represented By: Taylor Jacqueline Pfingst
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