New Age Performance, Inc. v. Diversified Product Solutions, LLC
Plaintiff: New Age Performance, Inc.
Defendant: Diversified Product Solutions, LLC and Diversified Product Solutions, LLC a California LLC doing business as Berkland Goods
Case Number: 4:2024cv00710
Filed: February 6, 2024
Court: US District Court for the Northern District of California
Presiding Judge: Haywood S Gilliam
Nature of Suit: Patent
Cause of Action: 15 U.S.C. ยง 1126 Patent Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 21, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 21, 2024 Opinion or Order Filing 23 ORDER (as modified) GRANTING #20 STIPULATION for Extension of Time to File Answer Re #1 Complaint. Case Management Statement due by 5/30/2024. Telephonic Initial Case Management Conference set for 6/4/2024 02:00 PM.The dial-in information and instructions remain the same as previously provided in docket no. 8 . Signed by Judge Haywood S. Gilliam, Jr. on 3/21/2024. (ndr, COURT STAFF) (Filed on 3/21/2024)
March 21, 2024 Filing 22 CLERK'S NOTICE TO COUNSEL RE DOCKET NOS. #20 AND #21 . In the future when e-filing a stipulated request, the correct event to use is stipulation and proposed order. The supporting document (declaration) should also be e-filed as attachments to the stipulated request filing and not e-filed as separate filing on the docket. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 3/21/2024)
March 20, 2024 Filing 21 Declaration of Kenneth J. Dyer in Support of #20 MOTION for Extension of Time to File Answer re #1 Complaint, as Stipulated by the parties filed byDiversified Product Solutions, LLC. (Related document(s) #20 ) (Dyer, Kenneth) (Filed on 3/20/2024)
March 20, 2024 Filing 20 Stipulation and Proposed Order for Extension of Time to File Answer Re #1 Complaint, filed by Diversified Product Solutions, LLC. (Attachments: #1 Proposed Order)(Dyer, Kenneth) (Filed on 3/20/2024) Modified on 3/21/2024 to correct docket text (ndr, COURT STAFF).
March 18, 2024 Opinion or Order Filing 19 ORDER by Judge Haywood S. Gilliam, Jr. GRANTING #18 Motion for Pro Hac Vice for Kevin T. Duncan.**Docket Nos. #15 and #17 TERMINATED, Re-Filed as Docket No. #18 .**(ndr, COURT STAFF) (Filed on 3/18/2024)
March 18, 2024 Filing 18 MOTION for leave to appear in Pro Hac Vice Kevin T. Duncan ( Filing fee $ 328, receipt number 19226857.) Filing fee previously paid on 03/15/2024 filed by New Age Performance, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing Attorney Duncan)(Duncan, Kevin) (Filed on 3/18/2024)
March 18, 2024 Filing 17 ** TERMINATED , Re-Filed as Docket No. #18 .** MOTION for leave to appear in Pro Hac Vice Kevin T. Duncan ( Filing fee $ 328, receipt number 19226857.) Filing fee previously paid on 03/15/2024 filed by New Age Performance, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing Attorney Duncan)(Duncan, Kevin) (Filed on 3/18/2024) Modified on 3/18/2024 (ndr, COURT STAFF).
March 18, 2024 Filing 16 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #15 . The information on the application must match the docket. Your name and your local co-counsel's address don't match the docket (name on the docket: Kevin Duncan and local co-counsel's address on the docket: One Embarcadero Center, Suite 350;San Francisco, CA 94111 ). Update the information on the docket and e-file a revised application (with attachments) with the correct information reflected on it. Counsel is directed to use a smaller font so that city, state, and zip code can be seen on the application for both the applcant and the local co-counsel. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 3/18/2024)
March 15, 2024 Filing 15 ** TERMINATED , Re-Filed as Docket No. #17 .*** MOTION for leave to appear in Pro Hac Vice Attorney Kevin Duncan ( Filing fee $ 328, receipt number ACANDC-19226857.) filed by New Age Performance, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing Attorney Duncan)(Duncan, Kevin) (Filed on 3/15/2024) Modified on 3/18/2024 (ndr, COURT STAFF).
February 21, 2024 Filing 14 CERTIFICATE OF SERVICE by New Age Performance, Inc. re #7 Summons Issued Mail Service (Dergosits, Michael) (Filed on 2/21/2024)
February 21, 2024 Filing 13 CERTIFICATE OF SERVICE by New Age Performance, Inc. re #7 Summons Issued Declaration Drew Draper (Dergosits, Michael) (Filed on 2/21/2024)
February 21, 2024 Filing 12 CERTIFICATE OF SERVICE by New Age Performance, Inc. re #7 Summons Issued Substitute Service (Dergosits, Michael) (Filed on 2/21/2024)
February 8, 2024 Filing 11 NOTICE of Appearance by Igor Shoiket (Shoiket, Igor) (Filed on 2/8/2024)
February 8, 2024 Filing 10 Rule 7.1 Disclosures by New Age Performance, Inc. (Dergosits, Michael) (Filed on 2/8/2024)
February 8, 2024 Filing 9 NOTICE of Appearance by Michael E. Dergosits (Dergosits, Michael) (Filed on 2/8/2024)
February 7, 2024 Filing 8 CLERK'S NOTICE Re Docket No. #6 . Notice is hereby given that the initial case management conference, previously set for May 7, 2024 will be held telephonically on that date before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. The May 7, 2024 proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III.PLEASE NOTE: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. (This is a text-only entry generated by the court. There is no document associated with this entry.),(ndr, COURT STAFF) (Filed on 2/7/2024)
February 7, 2024 Filing 7 Summons Issued as to Diversified Product Solutions, LLC. (slh, COURT STAFF) (Filed on 2/7/2024)
February 7, 2024 Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/30/2024. Initial Case Management Conference set for 5/7/2024 at 02:00 PM in Oakland, Courtroom 2, 4th Floor. (slh, COURT STAFF) (Filed on 2/7/2024)
February 7, 2024 Filing 5 Case assigned to Judge Haywood S Gilliam, Jr. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (kmg, COURT STAFF) (Filed on 2/7/2024)
February 6, 2024 Filing 4 Proposed Summons. (Dergosits, Michael) (Filed on 2/6/2024)
February 6, 2024 Filing 3 REPORT on the filing or determination of an action regarding Patent/Trademark (cc: form mailed to register). (Dergosits, Michael) (Filed on 2/6/2024)
February 6, 2024 Filing 2 Civil Cover Sheet by New Age Performance, Inc. . (Dergosits, Michael) (Filed on 2/6/2024)
February 6, 2024 Filing 1 COMPLAINT against Diversified Product Solutions, LLC ( Filing fee $ 405, receipt number ACANDC-19099244.). Filed by New Age Performance, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Dergosits, Michael) (Filed on 2/6/2024)

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Plaintiff: New Age Performance, Inc.
Represented By: Michael E. Dergosits
Represented By: Kevin T. Duncan
Represented By: Igor Shoiket
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Defendant: Diversified Product Solutions, LLC
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Defendant: Diversified Product Solutions, LLC a California LLC doing business as Berkland Goods
Represented By: Kenneth Jude Dyer
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