Livingston Hearing Aid Center, Inc. v. InSound Medical, Inc.
Plaintiff: Livingston Hearing Aid Center, Inc.
Defendant: InSound Medical, Inc.
Case Number: 5:2011cv01965
Filed: April 25, 2011
Court: US District Court for the Northern District of California
Office: San Jose Office
County: XX US, Outside State
Presiding Judge: Edward J Davila
Referring Judge: Howard R Lloyd
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on August 13, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 13, 2013 Opinion or Order Filing 111 ORDER Granting #110 Stipulation for Dismissal with Prejudice. The Clerk shall close this file. Signed by Judge Edward J.Davila on 8/13/2013 (ecg, COURT STAFF) (Filed on 8/13/2013)
August 12, 2013 Filing 110 STIPULATION WITH PROPOSED ORDER filed by InSound Medical, Inc.. (Attachments: #1 Proposed Order)(Domin, Kathryn) (Filed on 8/12/2013)
July 25, 2013 Opinion or Order Filing 109 ORDER CONTINUING ORDER TO SHOW CAUSE. Stipulated Dismissal or Joint Statement due by 8/16/2013. Order to Show Cause Hearing set for 8/23/2013 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. ***8/2/2013 Deadlines terminated. Signed by Judge Edward J. Davila on 7/25/2013. (ecg, COURT STAFF) (Filed on 7/25/2013)
July 23, 2013 Filing 108 RESPONSE TO ORDER TO SHOW CAUSE by Livingston Hearing Aid Center, Inc. (Joint Response). (Rosenthal, Karen) (Filed on 7/23/2013)
July 11, 2013 Opinion or Order Filing 107 ORDER TO SHOW CAUSE RE SETTLEMENT. Joint Status Statement or Stipulated Dismissal due by 7/26/2013. Order to Show Cause Hearing set for 8/2/2013 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. All other pretrial deadlines and hearing dates are VACATED and any pending motions are TERMINATED. Failure to comply with any part of this Order will be deemed sufficient grounds to dismiss the action. ***ALL Deadlines terminated. Signed by Judge Edward J. Davila on 7/11/2013. (ecg, COURT STAFF) (Filed on 7/11/2013)
July 9, 2013 Filing 106 NOTICE by Livingston Hearing Aid Center, Inc. OF SETTLEMENT OF CASE (Rosenthal, Karen) (Filed on 7/9/2013)
July 8, 2013 Filing 105 Minute Entry: Further Telephonic Settlement Conference held. Case did not settle. (Date Filed: 7/8/2013). (Court Reporter n/a.) (pmc, COURT STAFF) (Date Filed: 7/8/2013)
June 24, 2013 Filing 104 Minute Entry: Telephonic Settlement Conference held. Case did not settle. (Date Filed: 6/24/2013). (Court Reporter n/a.) (pmc, COURT STAFF) (Date Filed: 6/24/2013)
February 22, 2013 Filing 103 Minute Entry: Motion Hearing held on 2/22/2013 before Judge Edward J. Davila (Date Filed: 2/22/2013) re #67 MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof filed by InSound Medical, Inc. Matter submitted. The Court to issue further Order on Motion and scheduling. (Court Reporter Irene Rodriguez.) (ecg, COURT STAFF) (Date Filed: 2/22/2013)
February 20, 2013 Filing 102 CLERKS NOTICE CHANGING TIME FOR MOTION HEARING AND STATUS CONFERENCE. Set/Reset Deadlines as to #67 MOTION for Summary Judgment: Motion Hearing/Status Conference set for 2/22/2013 11:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. This is a text only docket entry, there is no document associated with this notice.(ecg, COURT STAFF) (Filed on 2/20/2013)
February 14, 2013 Filing 101 STATUS REPORT (JOINT STATUS CONFERENCE STATEMENT) by Livingston Hearing Aid Center, Inc.. (Rosenthal, Karen) (Filed on 2/14/2013)
February 5, 2013 Filing 100 CLERKS NOTICE SETTING STATUS CONFERENCE. Joint Status Report due by 2/15/2013. Status Conference set for 2/22/2013 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. This is a text only docket entry, there is no document associated with this notice. (ecg, COURT STAFF) (Filed on 2/5/2013)
February 1, 2013 Filing 99 Minute Entry: Settlement Conference held. Case did not settle. (Date Filed: 2/1/2013). () (pmc, COURT STAFF) (Date Filed: 2/1/2013)
December 3, 2012 Filing 98 CLERKS NOTICE of Settlement Conference and Order. Settlement Conference set for 2/1/2013 09:30 AM. (pmc, COURT STAFF) (Filed on 12/3/2012)
November 19, 2012 Opinion or Order Filing 97 PRETRIAL ORDER (JURY TRIAL). Based on the parties' Joint Preliminary Pretrial Conference Statement and the discussions at the conference, the parties are ordered to comply with the following schedule: Joint Final Pretrial Conference Statement, Motions in Limine and Exchange of Exhibits due 7/19/2013. Voir Dire Questions, Proposed Jury Instructions, and Proposed Jury Verdict Forms due 7/23/2013. Final Pretrial Conference set for 8/2/2013 11:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Jury Selection set for 8/19/2013 09:00 AM before Hon. Edward J. Davila. Jury Trial set for 8/20/2013, 8/21/2013, 8/22/2013, 8/26/2013, 8/27/2013, 8/28/2013, 8/29/2013, 9/3/2013, 9/4/2013, 9/5/2013, 9/9/2013, 9/10/2013. Jury Deliberations set for 9/11/2013, 9/12/2013. Motion Hearing re #67 Motion for Summary Judgment set for 2/22/2013 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. The court advises the parties that this is the final case schedule. All parties are expected to comply as directed above. This schedule will not be amended further absent the presentation of good cause necessitating such an amendment. Please see Order for further specifics. Signed by Judge Edward J. Davila on 11/19/2012. (ecg, COURT STAFF) (Filed on 11/19/2012)
November 19, 2012 Opinion or Order Filing 96 ORDER REFERRING CASE TO MAGISTRATE JUDGE SETTLEMENT CONFERENCE. This case is referred to Magistrate Judge Howard R. Lloyd for a settlement conference to occur no later than 2/14/2013. Signed by Judge Edward J. Davila on 11/19/2012. (ejdlc1, COURT STAFF) (Filed on 11/19/2012)
November 16, 2012 Filing 95 Minute Entry: Interim Pretrial Conference held on 11/16/2012 before Hon. Edward J. Davila (Date Filed: 11/16/2012). The parties are referred to Magistrate Judge Howard R. Lloyd for a settlement conference. The Conference shall occur 90 days from today's date. The parties shall contact the courtroom deputy for Judge Lloyd to schedule the conference. Final Pretrial Conference set for 8/2/2013 11:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Jury Selection set for 8/19/2013 09:00 AM before Hon. Edward J. Davila. Jury Trial set for 8/20/2013, 8/21/2013, 8/22/2013, 8/26/2013, 8/27/2013, 8/28/2013, 8/29/2013, 9/3/2013, 9/4/2013, 9/5/2013, 9/9/2013, 9/10/2013. Jury Deliberations set for 9/11/2013, 9/12/2013. Motion Hearing re #67 Motion for Summary Judgment set for 2/22/2013 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (Court Reporter Irene Rodriguez.)(ecg, COURT STAFF) (Date Filed: 11/16/2012) Modified text on 11/16/2012 (ecg, COURT STAFF).
November 14, 2012 Filing 94 CLERKS NOTICE CHANGING TIME FOR PRELIMINARY PRETRIAL CONFERENCE. PRELIMINARY Pretrial Conference set for 11/16/2012 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. This is a text only docket entry, there is no document associated with this notice. (ecg, COURT STAFF) (Filed on 11/14/2012) Modified text on 11/14/2012 (ecg, COURT STAFF).
October 31, 2012 Opinion or Order Filing 93 ORDER CONTINUING PRELIMINARY PRETRIAL CONFERENCE. Pretrial Conference set for 11/16/2012 11:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 10/31/2012. (ejdlc1, COURT STAFF) (Filed on 10/31/2012)
October 26, 2012 Filing 92 REPLY (re #67 MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof ) filed byInSound Medical, Inc.. (Howell, Richard) (Filed on 10/26/2012)
October 23, 2012 Filing 91 JOINT Pretrial Conference Statement by InSound Medical, Inc.. (Chapin, Bradley) (Filed on 10/23/2012) Modified on 10/23/2012 (cv, COURT STAFF).
October 16, 2012 Filing 90 DOCUMENT E-FILED UNDER SEAL re #87 Order on Administrative Motion to File Under Seal Appendix of Evidence Ex. 7 in Opposition to Motion for Summary Judgment (unredacted) by Livingston Hearing Aid Center, Inc.. (Rosenthal, Karen) (Filed on 10/16/2012)
October 16, 2012 Filing 89 DOCUMENT E-FILED UNDER SEAL re #87 Order on Administrative Motion to File Under Seal Appendix of Evidence Ex. 6 in Support of Opposition to Motion for Summary Judgment (unredacted) by Livingston Hearing Aid Center, Inc.. (Rosenthal, Karen) (Filed on 10/16/2012)
October 16, 2012 Filing 88 DOCUMENT E-FILED UNDER SEAL re #87 Order on Administrative Motion to File Under Seal Opposition to Motion for Summary Adjudication (unredacted) by Livingston Hearing Aid Center, Inc.. (Rosenthal, Karen) (Filed on 10/16/2012)
October 16, 2012 Opinion or Order Filing 87 ORDER granting #86 Administrative Motion to File Under Seal. Signed by Judge Edward J. Davila on 10/16/2012. (ejdlc1, COURT STAFF) (Filed on 10/16/2012)
October 11, 2012 Filing 86 Administrative Motion to File Under Seal filed by Livingston Hearing Aid Center, Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Rosenthal, Karen) (Filed on 10/11/2012)
October 11, 2012 Filing 85 Appendix re #80 Opposition/Response to Motion, #81 Declaration in Support, #84 Declaration in Support, #82 Declaration in Support, #83 Declaration in Support of Opposition to Motion for Summary Judgment filed byLivingston Hearing Aid Center, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Related document(s) #80 , #81 , #84 , #82 , #83 ) (Rosenthal, Karen) (Filed on 10/11/2012)
October 11, 2012 Filing 84 Declaration of Richard R. Davila II in Support of #80 Opposition/Response to Motion filed byLivingston Hearing Aid Center, Inc.. (Related document(s) #80 ) (Rosenthal, Karen) (Filed on 10/11/2012)
October 11, 2012 Filing 83 Declaration of Karen Rosenthal in Support of #80 Opposition/Response to Motion filed byLivingston Hearing Aid Center, Inc.. (Related document(s) #80 ) (Rosenthal, Karen) (Filed on 10/11/2012)
October 11, 2012 Filing 82 Declaration of Robert N. Nebb in Support of #80 Opposition/Response to Motion filed byLivingston Hearing Aid Center, Inc.. (Related document(s) #80 ) (Rosenthal, Karen) (Filed on 10/11/2012)
October 11, 2012 Filing 81 Declaration of Michael H. Carper in Support of #80 Opposition/Response to Motion filed byLivingston Hearing Aid Center, Inc.. (Related document(s) #80 ) (Rosenthal, Karen) (Filed on 10/11/2012)
October 11, 2012 Filing 80 RESPONSE (re #67 MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof ) filed byLivingston Hearing Aid Center, Inc.. (Rosenthal, Karen) (Filed on 10/11/2012)
September 21, 2012 Opinion or Order Filing 79 Order Granting #77 Motion for Extension of Time to File Response/Reply re #67 MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof. Signed by Hon. Edward J. Davila on 9/21/2012.(ecg, COURT STAFF) (Filed on 9/21/2012)
September 21, 2012 Set/Reset Deadlines as to #67 MOTION for Summary Judgment. Opposition due by 10/12/2012. Reply due by 10/26/2012. (ecg, COURT STAFF) (Filed on 9/21/2012)
September 19, 2012 Filing 78 Declaration of Karen Rosenthal in Support of #77 MOTION for Extension of Time to File Response/Reply as to #67 MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof filed byLivingston Hearing Aid Center, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #77 ) (Rosenthal, Karen) (Filed on 9/19/2012)
September 19, 2012 Filing 77 MOTION for Extension of Time to File Response/Reply as to #67 MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof filed by Livingston Hearing Aid Center, Inc.. (Attachments: #1 Proposed Order)(Goines, William) (Filed on 9/19/2012)
September 18, 2012 Filing 76 DOCUMENT E-FILED UNDER SEAL re #74 Order on Administrative Motion to File Under Seal Exhibits to Chapin Declaration by InSound Medical, Inc.. (Chapin, Bradley) (Filed on 9/18/2012)
September 18, 2012 Filing 75 DOCUMENT E-FILED UNDER SEAL re #74 Order on Administrative Motion to File Under Seal Portions of Points and Authorities by InSound Medical, Inc.. (Chapin, Bradley) (Filed on 9/18/2012)
September 18, 2012 Opinion or Order Filing 74 ORDER granting #73 Administrative Motion to File Under Seal. Signed by Judge Edward J. Davila on 9/18/2012. (ejdlc1, COURT STAFF) (Filed on 9/18/2012)
September 15, 2012 Filing 73 Amended Administrative Motion to File Under Seal The redacted portions of the Motion for Summary Judgment; The redacted portions of Exhibit B; Exhibit F; Exhibit K and Exhibit N to the Declaration of Bradley A. Chapin.(Correct Order Attached) amendment to #72 filed by InSound Medical, Inc.. (Attachments: #1 Proposed Order)(Chapin, Bradley) (Filed on 9/15/2012) Modified on 9/17/2012 (cv, COURT STAFF).
September 14, 2012 Filing 72 *** POSTED ERROR *** please see #73 Administrative Motion to File Under Seal filed by InSound Medical, Inc Chapin, Bradley) (Filed on 9/14/2012) Modified on 9/17/2012 (cv, COURT STAFF).
September 14, 2012 Filing 71 Declaration of Bradley A Chapin in Support of #70 Declaration in Support,,,,, (with signature page filed byInSound Medical, Inc.. (Attachments: #1 Signature Page (Declarations/Stipulations))(Related document(s) #70 ) (Howell, Richard) (Filed on 9/14/2012)
September 14, 2012 Filing 70 Declaration of Bradley A. Chapin in Support of #67 MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof filed byInSound Medical, Inc.. (Attachments: #1 Exhibit A - InSound Amended Notice of Livingston, #2 Exhibit B - 30(b)(6) Deposition Excerpts of Richard Davila Deposition, #3 Exhibit C - Dr. Hillary Taylor Deposition Excerpts, #4 Exhibit D - Nikolas Becker Deposition Excerpts, #5 Exhibit E - 30(b)(6) Richard Davila Deposition Excerpts (Vol II), #6 Exhibit F - Richard Davila (individually) Deposition Excerpts, #7 Exhibit G - Livingston Expert Witness Disclosure, #8 Exhibit H - Richard Davila (Expert) Deposition Excerpts, #9 Exhibit I - December 20, 2009 Davila Email, #10 Exhibit J - May 24, 2010 Davila Email, #11 Exhibit K - June 21, 2010 Davila Email, #12 Exhibit L - July 6, 2010 Davila Email, #13 Exhibit M - July 19, 2010 Davila Email, #14 Exhibit N - August 19, 2010 Davila Email, #15 Exhibit O - January 4, 2011 Davila Email, #16 Exhibit P - August 5, 2010 Hillary Taylor Email, #17 Exhibit Q - September 8, 2010 Hillary Taylor Email, #18 Exhibit R - April 11, 2011 Davila Email, #19 Exhibit S - Livingston Responses to InSound Special Interrogatories, #20 Exhibit T - Livingston Supplemental Disclosures)(Related document(s) #67 ) (Howell, Richard) (Filed on 9/14/2012)
September 14, 2012 Filing 69 Declaration of Susan Whichard in Support of #67 MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof filed byInSound Medical, Inc.. (Attachments: #1 Signature Page (Declarations/Stipulations), #2 Exhibit U - 2/11/01 Letter to Livingston)(Related document(s) #67 ) (Howell, Richard) (Filed on 9/14/2012)
September 14, 2012 Filing 68 Declaration of Mark Hayward in Support of #67 MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof filed byInSound Medical, Inc.. (Attachments: #1 Signature Page (Declarations/Stipulations))(Related document(s) #67 ) (Howell, Richard) (Filed on 9/14/2012)
September 14, 2012 Filing 67 MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof filed by InSound Medical, Inc.. Motion Hearing set for 12/7/2012 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 9/28/2012. Replies due by 10/5/2012. (Attachments: #1 Proposed Order)(Howell, Richard) (Filed on 9/14/2012)
June 12, 2012 Opinion or Order Filing 66 ORDER denying #61 Motion for Extension of Time to Complete Discovery. Signed by Judge Edward J. Davila on 6/12/2012. (ejdlc1, COURT STAFF) (Filed on 6/12/2012)
June 11, 2012 Filing 65 RESPONSE (re #61 MOTION for Extension of Time to Complete Discovery (Administrative Motion under CLR 7-11) ) filed byInSound Medical, Inc.. (Attachments: #1 Proposed Order Denying Plaintiff's Motion for Administrative Leave)(Chapin, Bradley) (Filed on 6/11/2012)
June 11, 2012 Filing 64 DECLARATION of Bradley A. Chapin In support of #63 Opposition to Plaintiff's Motion for Administrative Leave filed byInSound Medical, Inc.. (Attachments: #1 Exhibit A - Livingston Req for Production to Insound, #2 Exhibit B - May 30 Letter From Opposing Counsel, #3 Exhibit C - Insound Response to May 30 Letter)(Chapin, Bradley) (Filed on 6/11/2012) Modified on 6/14/2012 (gm, COURT STAFF).
June 11, 2012 Filing 63 RESPONSE (re #61 MOTION for Extension of Time to Complete Discovery (Administrative Motion under CLR 7-11) ) filed byInSound Medical, Inc.. (Chapin, Bradley) (Filed on 6/11/2012)
June 7, 2012 Filing 62 Declaration of Karen Rosenthal in Support of #61 MOTION for Extension of Time to Complete Discovery (Administrative Motion under CLR 7-11) filed byLivingston Hearing Aid Center, Inc.. (Attachments: #1 Exhibit A through I)(Related document(s) #61 ) (Rosenthal, Karen) (Filed on 6/7/2012)
June 7, 2012 Filing 61 MOTION for Extension of Time to Complete Discovery (Administrative Motion under CLR 7-11) filed by Livingston Hearing Aid Center, Inc.. (Attachments: #1 Proposed Order)(Rosenthal, Karen) (Filed on 6/7/2012)
April 23, 2012 Filing 60 ANSWER to Amended Complaint byInSound Medical, Inc.. (Mooney, Gerard) (Filed on 4/23/2012)
April 9, 2012 Opinion or Order Filing 59 Order Granting #58 Stipulation to Extend Time to Complete Alternative Dispute Resoultion. The deadline to engage in private mediation be extended for a period of 90 days from April 18, 2012, up to and including July 17, 2012. Signed by Hon. Edward J. Davila on 4/9/2012.(ecg, COURT STAFF) (Filed on 4/9/2012)
April 6, 2012 Filing 58 STIPULATION WITH PROPOSED ORDER to Further Extend Time to Complete Alternative Dispute Resolution filed by InSound Medical, Inc.. (Mooney, Gerard) (Filed on 4/6/2012)
April 4, 2012 Filing 57 AMENDED COMPLAINT against InSound Medical, Inc.. Filed byLivingston Hearing Aid Center, Inc.. (Goines, William) (Filed on 4/4/2012)
April 4, 2012 Set Deadlines/Hearings: Amended Complaint due by 4/10/2012. (ecg, COURT STAFF) (Filed on 4/4/2012)
April 3, 2012 Opinion or Order Filing 56 ORDER Granting Modification of Scheduling Order; Granting #49 Motion for Leave to File Amended Complaint. Deadline to file amended complaint due 4/10/2012. Signed by Judge Edward J. Davila on 4/3/2012 (ejdlc4, COURT STAFF) (Filed on 4/3/2012) Modified text on 4/4/2012 (ecg, COURT STAFF).
February 15, 2012 Filing 55 Declaration of Karen Rosenthal in Support of #54 Reply to Opposition/Response filed byLivingston Hearing Aid Center, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #54 ) (Rosenthal, Karen) (Filed on 2/15/2012)
February 15, 2012 Filing 54 REPLY (re #49 MOTION for Leave to File ) filed byLivingston Hearing Aid Center, Inc.. (Rosenthal, Karen) (Filed on 2/15/2012)
February 9, 2012 Filing 53 RESPONSE (re #49 MOTION for Leave to File ) Declaration of Gerard M. Mooney in Support of Opposition to Livingston Hearing Aid Center, Inc. for Leave to File First Amended Complaint filed byInSound Medical, Inc.. (Mooney, Gerard) (Filed on 2/9/2012)
February 9, 2012 Filing 52 RESPONSE (re #49 MOTION for Leave to File ) Opposition to Motion of Livingston Hearing Aid Center, Inc. for Leave to File First Amended Complaint filed byInSound Medical, Inc.. (Mooney, Gerard) (Filed on 2/9/2012)
February 3, 2012 Opinion or Order Filing 51 STIPULATED PROTECTIVE ORDER (MODIFIED BY THE COURT) #50 . Signed by Magistrate Judge Howard R. Lloyd on 2/3/2012.(hrllc1, COURT STAFF) (Filed on 2/3/2012)
January 31, 2012 Filing 50 STIPULATION WITH PROPOSED ORDER [PROPOSED] STIPULATED PROTECTIVE ORDER filed by Livingston Hearing Aid Center, Inc.. (Rosenthal, Karen) (Filed on 1/31/2012)
January 26, 2012 Filing 49 MOTION Leave to File First Amended Complaint and Memo of Pts & Authorities) filed by Livingston Hearing Aid Center, Inc.. Motion Hearing set for 4/6/2012 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 2/9/2012. Replies due by 2/16/2012. (Attachments: #1 Declaration of Karen Rosenthal in Support of Mtn to Amend, #2 Exhibit A to Rosenthal Decl ISO Motion - (Proposed) First Amended Complaint, #3 Exhibit B to Rosenthal Declaration, #4 Proposed Order)(Rosenthal, Karen) (Filed on 1/26/2012) Modified on 1/27/2012,(counsel selected incorrect event.) (cv, COURT STAFF)
January 12, 2012 Opinion or Order Filing 48 STIPULATION AND ORDER AS MODIFIED BY THE COURT Extending Deadline to Complete Mediation re #47 Stipulation. The deadline to engage in private mediation is extended through 4/18/2012. Signed by Judge Edward J. Davila on 1/12/2012. (ejdlc1, COURT STAFF) (Filed on 1/12/2012) Modified text on 1/13/2012 (ecg, COURT STAFF).
January 11, 2012 Filing 47 STIPULATION Extending Deadline to Complete Mediation and [Proposed] Order by Livingston Hearing Aid Center, Inc.. (Goines, William) (Filed on 1/11/2012)
October 24, 2011 Opinion or Order Filing 46 CASE MANAGEMENT ORDER: Based on the parties' Joint Case Management Statement and proposed schedule, the court has determined an appearance is unnecessary at this time. Accordingly, the 10/28/2011 Case Management Conference is VACATED and the parties are ordered to comply with the following schedule: Fact Discovery cutoff 6/11/2012. Discovery cutoff 8/21/2012. Last Date for Hearing Dispositive Motions due by 9/14/2012. Preliminary Pretrial Conference Statement due by 10/26/2012. Preliminary Pretrial Conference set for 11/2/2012 11:00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J. Davila. Please see Order for further specifics. Signed by Judge Edward J. Davila on 10/24/2011. (ecg, COURT STAFF) (Filed on 10/24/2011)
October 21, 2011 Filing 45 JOINT CASE MANAGEMENT STATEMENT and Joint Report of Rule 26(f) Conference filed by Livingston Hearing Aid Center, Inc.. (Goines, William) (Filed on 10/21/2011)
October 18, 2011 Opinion or Order Filing 44 ORDER REFERRING CASE to Private ADR re #43 Stipulation. Signed by Judge Edward J. Davila on 10/18/2011. (ecg, COURT STAFF) (Filed on 10/18/2011)
October 7, 2011 Filing 43 STIPULATION and Proposed Order selecting Private ADR by Livingston Hearing Aid Center, Inc. (Goines, William) (Filed on 10/7/2011)
October 7, 2011 Filing 42 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Mooney, Gerard) (Filed on 10/7/2011)
October 3, 2011 Filing 41 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Livingston Hearing Aid Center, Inc. (Goines, William) (Filed on 10/3/2011)
September 1, 2011 Filing 40 Statement FRCP 7.1 Disclosure Statement by Livingston Hearing Aid Center, Inc.. (Goines, William) (Filed on 9/1/2011)
September 1, 2011 Filing 39 ANSWER to Counterclaim byLivingston Hearing Aid Center, Inc.. (Goines, William) (Filed on 9/1/2011)
August 12, 2011 Opinion or Order Filing 38 ORDER Graning #37 Notice of Substitution of Counsel. Attorney Williams J. Goines,Alice Y. Chu for Livingston Hearing Aid Center, Inc.,Williams J. Goines, Alice Y. Chu for Livingston Hearing Aid Center, Inc. added. Attorney John DiNapoli terminated. Signed by Judge Edward J. Davila on 8/12/2011. (ecg, COURT STAFF) (Filed on 8/12/2011)
August 12, 2011 Filing 37 NOTICE of Substitution of Counsel by Karen Rosenthal , William J. Goines and Alice Y. Chu of Greenberg Traurig, LLP as co-counsel for Plaintiff and Counter-defendant (Rosenthal, Karen) (Filed on 8/12/2011)
August 10, 2011 Opinion or Order Filing 36 Order Granting #35 Motion for Extension of Time to Answer to Counterclaim. Livingston Hearing Aid Center, Inc. shall have through and including September 2, 2011, to respond to the counterclaim of InSound Medical, Inc. Signed by Hon. Edward J. Davila on 8/10/2011. (ecg, COURT STAFF) (Filed on 8/10/2011)
August 9, 2011 Filing 35 Joint MOTION for Extension of Time to File Answer re #34 Counterclaim, filed by Livingston Hearing Aid Center, Inc.. (Nebb, Robert) (Filed on 8/9/2011)
July 26, 2011 Filing 34 COUNTERCLAIM against Livingston Hearing Aid Center, Inc.. Filed byInSound Medical, Inc.. (Attachments: #1 Exhibit Lyric Provider Agreement, #2 Exhibit B - Medical Co-Op Agreement, #3 Exhibit C - Notice of Termination Letter)(Howell, Richard) (Filed on 7/26/2011)
July 26, 2011 Filing 33 ANSWER to Complaint with Jury Demand byInSound Medical, Inc.. (Howell, Richard) (Filed on 7/26/2011)
July 13, 2011 Opinion or Order Filing 32 STIPULATION AND ORDER Granting Request to Extend Time to Respond to Complaint Defendant re #31 Stipulation. Response due 7/26/2011. Signed by Judge Edward J. Davila on 7/13/2011. (ecg, COURT STAFF) (Filed on 7/13/2011)
July 12, 2011 Filing 31 STIPULATION to Further Extend Time to Respond to Complaint Defendant InSound Medical, Inc. shall have through and including July 26, 2011 to respond to the Complaint by InSound Medical, Inc.. (Mooney, Gerard) (Filed on 7/12/2011) Modified on 7/12/2011 (cv, COURT STAFF).
July 12, 2011 Filing 30 CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 10/21/2011. Case Management Conference set for 10/28/2011 10:00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J. Davila. (ecg, COURT STAFF) (Filed on 7/12/2011)
July 11, 2011 Opinion or Order Filing 29 ORDER REASSIGNING CASE to District Judge Edward J. Davila for all further proceedings. Signed by Judge Executive Committee on 7/11/2011. (cfeS, COURT STAFF) (Filed on 7/11/2011) Modified on 7/11/2011 (cfeS, COURT STAFF).
July 11, 2011 Judge Magistrate Judge Howard R. Lloyd remains as the referral judge. (cfeS, COURT STAFF) (Filed on 7/11/2011) Modified on 7/11/2011 (cfeS, COURT STAFF).
July 11, 2011 Judge Hon. Edward J. Davila added. (cfeS, COURT STAFF) (Filed on 7/11/2011) Modified on 7/11/2011 (cfeS, COURT STAFF).
July 8, 2011 Filing 28 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (pmc, COURT STAFF) (Filed on 7/8/2011)
July 8, 2011 Filing 27 Declination to Proceed Before a U.S. Magistrate Judge by Livingston Hearing Aid Center, Inc.. (DiNapoli, John) (Filed on 7/8/2011)
July 8, 2011 ***Deadlines terminated. #28 Clerk's Notice of Impending Reassignment. (pmc, COURT STAFF) (Filed on 7/8/2011)
July 6, 2011 Filing 26 STIPULATION for Defendant InSound Medical, Inc. to respond by July 12, 2011 to respond to the Complaint by InSound Medical, Inc. (Mooney, Gerard) (Filed on 7/6/2011) Modified on 7/7/2011 (bwS, COURT STAFF). Modified on 7/12/2011 (cv, COURT STAFF).
July 1, 2011 Filing 25 STIPULATION to Further Extend Time for Defendant to to Respond to Complaint by InSound Medical, Inc. (Mooney, Gerard) (Filed on 7/1/2011) Text modified on 7/1/2011 (bwS, COURT STAFF).
June 22, 2011 Filing 24 STIPULATION to Extend Time for Defendant to Respond to Complaint by InSound Medical, Inc. (Howell, Richard) (Filed on 6/22/2011) Modified on 6/22/2011 (bw, COURT STAFF).
May 13, 2011 Filing 23 Clerk's Notice of Declination to Entry of Default as to defendant Insound Medical, Inc on 5/13/2011. #20 ) (bw, COURT STAFF) (Filed on 5/13/2011)
May 12, 2011 Filing 22 Response and Opposition to Plaintiff's Request for Entry of Default; Declaration of matthew W. Caligur in Support Thereof re #20 filed byInSound Medical, Inc. (Howell, Richard) (Filed on 5/12/2011) Modified on 5/13/2011 (bw, COURT STAFF).
May 12, 2011 Filing 21 NOTICE of Substitution of Attorney by Defendant Insound Medical, Inc. (Howell, Richard) (Filed on 5/12/2011) Modified on 5/13/2011 (bw, COURT STAFF).
May 11, 2011 Filing 20 Request to Entry of Default as to defendant Insound Medical, Inc. filed by Livingston Hearing Aid Center, Inc. (Attachments: #1 Affidavit) (Nebb, Robert) (Filed on 5/11/2011) Modified on 5/12/2011 (bw, COURT STAFF).
May 10, 2011 Filing 19 Certificate of Interested Persons by Livingston Hearing Aid Center, Inc. (Nebb, Robert) (Filed on 5/10/2011) Modified on 5/11/2011 (bw, COURT STAFF).
April 29, 2011 Opinion or Order Filing 18 ORDER GRANTING #15 Plaintiff's Motion for Pro Hac Vice (Nebb). Signed by Magistrate Judge Howard R. Lloyd on 4/29/2011. (hrllc1, COURT STAFF) (Filed on 4/29/2011)
April 29, 2011 Opinion or Order Filing 17 ORDER GRANTING #13 Plaintiff's Motion for Pro Hac Vice (Carper). Signed by Magistrate Judge Howard R. Lloyd on 4/29/2011. (hrllc1, COURT STAFF) (Filed on 4/29/2011)
April 27, 2011 Filing 16 (Proposed) Order Granting Application for Admission of Attorney Robert N. Nebb for leave to appear in Pro Hac Vice re #15 by Livingston Hearing Aid Center, Inc. (bw, COURT STAFF) (Filed on 4/27/2011)
April 27, 2011 Filing 15 Application for Admission of Attorney Robert N. Nebb for leave to appear in Pro Hac Vice ( Filing fee $ 275, receipt number 54611009559) filed by Livingston Hearing Aid Center, Inc. (bw, COURT STAFF) (Filed on 4/27/2011)
April 27, 2011 Filing 14 (Proposed) Order Granting Application for Admission of Attorney Michael H. Carper for leave to appear in Pro Hac Vice re #13 by Livingston Hearing Aid Center, Inc. (bw, COURT STAFF) (Filed on 4/27/2011)
April 27, 2011 Filing 13 Application for Admission of Attorney Michael H. Carper for leave to appear in Pro Hac Vice ( Filing fee $ 275, receipt number 54611009559) filed by Livingston Hearing Aid Center, Inc. (bw, COURT STAFF) (Filed on 4/27/2011)
April 26, 2011 Filing 12 DEMAND for Trial by Jury by Livingston Hearing Aid Center, Inc.. (DiNapoli, John) (Filed on 4/26/2011)
April 22, 2011 Filing 11 ADR SCHEDULING ORDER: Case Management Statement due by 7/12/2011. Case Management Conference set for 7/29/2011 01:30 PM in Courtroom 2, 5th Floor, San Jose. (Attachments: #1 Judge Howard R. Lloyd Standing Order re Initial Case Management and Discovery Disputes, #2 Standing Orders for San Jose Division Judges, #3 Standing Orders for Judges of the Northern District of California)(bw, COURT STAFF) (Filed on 4/22/2011)
April 22, 2011 Filing 10 Case transferred in from District of Texas Northern; Case Number 5:11-cv-00063. Original file certified copy of transfer order and docket sheet received. Modified on 4/25/2011 (bw, COURT STAFF).
April 22, 2011 CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 4/22/2011)
April 20, 2011 Opinion or Order Filing 9 Order Granting Joint Agreed Motion to Transfer Venue: Case transferred to San Jose Division of the Northern District of California. The Court findsthat the Joint Agreed Motion to Transfer Venue should be GRANTED. It is therefore, ORDERED that the clerk of the Court shall transfer this case to the United States District Court for the Northern District of California, San Jose Division. It is further, ORDERED that any other relief not expressly granted herein is DENIED. (Ordered by Judge Sam R Cummings on 4/20/2011) (bdg)
April 18, 2011 Filing 8 Agreed MOTION to Transfer Case out of District/Division to U.S. District Court for the Northern District of California, San Jose Division filed by InSound Medical, Inc., Livingston Hearing Aid Center, Inc. (Attachments: #1 Proposed Order) (Caligur, Matthew)
April 11, 2011 Filing 7 RESPONSE filed by Livingston Hearing Aid Center, Inc. re: #3 MOTION to Dismiss for Improper Venue, or in the alternative, Motion to Transfer Venue and Brief in Support Thereof (Nebb, Robert) Modified text on 4/11/2011 (bdg).
April 5, 2011 Opinion or Order Filing 6 INITIAL SCHEDULING ORDER: Joinder of Parties due by 3:00 p.m. on 8/15/2011. Amended Pleadings due by 3:00 p.m. on 8/15/2011. Discovery due by 3:00 p.m. on 8/15/2012. Motions due by 3:00 p.m. on 8/15/2012. Experts must be disclosed by 3:00 p.m. on 12/15/2011. All parties will be notified by separate order of the date of trial and the date for filing the proposed pretrial order. (Ordered by Judge Sam R Cummings on 4/5/2011) (cb)
April 1, 2011 Filing 5 Additional attachment to Main Document by InSound Medical, Inc. Supplemental Civil Cover Sheet. (Caligur, Matthew) Modified text and event on 4/1/2011 (bdg).
April 1, 2011 Filing 4 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (bdg)
April 1, 2011 Filing 3 MOTION to Dismiss for Improper Venue, or in the alternative, Motion to Transfer Venue filed by InSound Medical, Inc. with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Brief in Support of Motion to Dismiss, #2 Proposed Order Proposed Order of Dismissal) (Caligur, Matthew)
April 1, 2011 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by InSound Medical, Inc. identifying Corporate Parent/Other Affiliate Sonova Holding AG, Corporate Parent/Other Affiliate Phonak AG for InSound Medical, Inc.. (Caligur, Matthew)
April 1, 2011 Filing 1 NOTICE OF REMOVAL from 72nd District Court of Lubbock County, Texas, case number 2011-556264 filed by InSound Medical, Inc.. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the #Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $350; receipt number 0539-3807007) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership (Attachments: #1 Exhibit(s) Ex. A - Index, #2 Exhibit(s) Ex. B - Certified Copy of State Court Docket, #3 Exhibit(s) Ex. C - Documents filed in State Court, #4 Exhibit(s) Ex. D - Certificate of Interested Persons, #5 Cover Sheet Civil Cover Sheet) (Caligur, Matthew)

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Search for this case: Livingston Hearing Aid Center, Inc. v. InSound Medical, Inc.
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Defendant: InSound Medical, Inc.
Represented By: Bradley Alan Chapin
Represented By: Kirk Crutcher
Represented By: Richard Keith Howell
Represented By: Kathryn Diane Zajec Domin
Represented By: Matthew W Caligur
Represented By: Gerard Majella Mooney, Jr.
Represented By: Joshua Carter Thomas
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Plaintiff: Livingston Hearing Aid Center, Inc.
Represented By: Alice Y Chu
Represented By: Michael H Carper
Represented By: William J. Goines
Represented By: John DiNapoli
Represented By: Karen Rosenthal
Represented By: Robert Nelson Nebb,
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