Cellular Transitions, LLC v. ASUSTeK Computer Inc. et al
| Cellular Transitions, LLC |
| ASUS Computer International and ASUSTeK Computer Inc |
| 5:2019cv01189 |
| March 5, 2019 |
| US District Court for the Northern District of California |
| Edward J Davila |
| Susan van Keulen |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 18, 2019. A more recent docket listing may be available from PACER.
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| Filing 37 (Text Only) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 5/28/2019. Initial Case Management Conference set for 6/6/2019 10:00 AM in San Jose, Courtroom 4, 5th Floor before Hon. Edward J. Davila. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. This is a text only docket entry, there is no document associated with this notice. (amkS, COURT STAFF) (Filed on 3/18/2019) |
Filing 36
ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davila for all further proceedings. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan van Keulen remains as referral judge. Reassigned Order signed by CLERK on 3/18/2019. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 3/18/2019)
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| Filing 35 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 either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. 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 AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (djmS, COURT STAFF) (Filed on 3/15/2019) |
| Filing 34 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by ASUSTeK Computer Inc.. (Waldrop, Jonathan) (Filed on 3/15/2019) |
| Filing 33 CLERK'S NOTICE The above entitled action has been transferred to this District. All future filings should reflect the above case number. (cv, COURT STAFF) (Filed on 3/5/2019) Modified on 3/5/2019 (cv, COURT STAFF). |
| Filing 32 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/28/2019. Initial Case Management Conference set for 6/4/2019 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 3/5/2019) |
| Filing 31 Case transferred in from District of California Central; Case Number 2:18-cv-07807. Original file certified copy of transfer order and docket sheet received. |
| Filing 30 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 ORDER TRANSFERRING CASE) (shb) |
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Filing 29
ORDER by Judge Consuelo B. Marshall transferring case to Northern District of California. Case transferred electronically. (MD JS-6. Case Terminated.) (shb)
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Filing 28
MINUTES IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: The Court finds that defendant's unopposed motion to transfer venue to the U. S. District Court for the Northern District of California #25 , filed on January 28, 2019 and currently set for hearing on February 26, 2019, is appropriate for decision without oral argument. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary on February 26, 2019. A written order will issue. (shb)
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| Filing 27 DECLARATION of Jaime Morquecho in Support NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court For The Northern District Of California #25 filed by Defendants ASUS Computer International, ASUSTeK Computer Inc.. (Waldrop, Jonathan) |
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Filing 26
ORDER by Judge Consuelo B. Marshall, re MOTION to Transfer Case to United States District Court For The Northern District Of California #25 . Before the Court is the Defendants motion to transfer this lawsuit to the United States District Court for the Northern District of California. The Court notes that the supporting memorandum proffers purported facts to support the motion, but does not provide any evidence, such as a declaration, to support those claims. For example, the motion claims without supporting evidence that ASUS is a resident of the Northern District and does not have a regular and established place of business in this District. (See Dkt. No. 25-1 (Motion) at Paragraph 1.) Defendants are ORDERED to file evidence in support of the proffered facts no later than February 21, 2019. (shb)
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| Filing 25 NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court For The Northern District Of California filed by Defendants' ASUS Computer International, ASUSTeK Computer Inc.. Motion set for hearing on 2/26/2019 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Memorandum In Support Of Defendants' Unopposed Motion To Transfer Venue To The United States District Court For The Northern District Of California, #2 Proposed Order Granting Unopposed Motion To Transfer Venue) (Waldrop, Jonathan) |
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Filing 24
MINUTE IN CHAMBERS-ORDER SETTING SCHEDULING CONFERENCE by Judge Consuelo B. Marshall: On the Courts own motion, this case is set for a Scheduling Conference on APRIL 16, 2019 at 9:30 A. M. pursuant to FRCP 16(b). Counsel are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the Scheduling Conference. Counsel shall file a Rule 26(f) discovery plan no later than 7 days prior to the Scheduling Conference and pursuant to the Courts Standing Order. See order for details. (shb)
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Filing 23
ORDER by Judge Consuelo B. Marshall, DENYING STIPULATION to Transfer Case to United States District Court for the Northern District of California #22 . The stipulation is DENIED without prejudice. If the parties seek to transfer the case, then they must stipulate to factsnot just conclusionsthat support transfer under Section 1404(b) or file a motion to transfer under the applicable statutes. If Plaintiff so chooses, it may file a notice of non-opposition to any motion to transfer. (shb)
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| Filing 22 STIPULATION to Transfer Case to United States District Court for the Northern District of California filed by Defendant ASUS Computer International, ASUSTeK Computer Inc.. (Attachments: #1 Proposed Order)(Waldrop, Jonathan) |
| Filing 21 NOTICE of Appearance filed by attorney Jack Shaw on behalf of Defendants ASUS Computer International, ASUSTeK Computer Inc. (Shaw, Jack) |
| Filing 20 NOTICE of Appearance filed by attorney Gurtej Singh on behalf of Defendants ASUS Computer International, ASUSTeK Computer Inc. (Singh, Gurtej) |
| Filing 19 NOTICE of Appearance filed by attorney Marcus Alan Barber on behalf of Defendants ASUS Computer International, ASUSTeK Computer Inc. (Barber, Marcus) |
| Filing 18 CORPORATE DISCLOSURE STATEMENT filed by Defendants ASUS Computer International, ASUSTeK Computer Inc. (Waldrop, Jonathan) |
| Filing 17 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant ASUS Computer International, ASUSTeK Computer Inc..(Waldrop, Jonathan) |
| Filing 16 NOTICE of Appearance filed by attorney Jonathan K Waldrop on behalf of Defendants ASUS Computer International, ASUSTeK Computer Inc. (Waldrop, Jonathan) |
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Filing 15
ORDER GRANTING Stipulation to Extend Time to Answer Initial Complaint (More than 30 days) #14 by Judge Consuelo B. Marshall. IT IS ORDERED that Defendants ASUSTeK Computer Inc. and ASUS Computer International shall have up to and including January 7, 2019 to respond to the Complaint. (shb)
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| Filing 14 STIPULATION for Extension of Time to File Answer to January 7, 2019 re Complaint (Attorney Civil Case Opening) #1 filed by Defendant ASUS Computer International, ASUSTeK Computer Inc.. (Attachments: #1 Proposed Order)(Waldrop, Jonathan) |
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Filing 13
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT #12 by Judge Consuelo B. Marshall: Defendants ASUSTeK Computer, Inc. and ASUS Computer International shall have up to and including December 31, 2018 to move, answer, or otherwise respond to the Complaint. (bm)
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| Filing 12 STIPULATION for Extension of Time to File Answer to December 31, 2018 re Complaint (Attorney Civil Case Opening) #1 filed by Defendant ASUS Computer International, ASUSTeK Computer Inc.. (Attachments: #1 Proposed Order)(Attorney Jonathan K Waldrop added to party ASUS Computer International(pty:dft), Attorney Jonathan K Waldrop added to party ASUSTeK Computer Inc.(pty:dft))(Waldrop, Jonathan) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Cellular Transitions, LLC, upon Defendant ASUS Computer International served on 9/10/2018, answer due 10/1/2018. Service of the Summons and Complaint were executed upon Carlos Paz, Process Specialist of CT Corporation System in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Belloli, Marc) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant ASUSTEK Computer Inc.. (yl) |
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Filing 9
STANDING ORDER by Judge Consuelo B. Marshall. (cw)
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| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Cellular Transitions, LLC. (Day, M) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants ASUS Computer International, ASUSTeK Computer Inc. (et) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Alicia G. Rosenberg. (et) |
| Filing 5 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Cellular Transitions, LLC. (Day, M) |
| Filing 4 Fed. R. Civ. P. 7.1 Disclosure and Local Rule 7.1-1 NOTICE of Interested Parties filed by Plaintiff Cellular Transitions, LLC, identifying Monument Patent Holdings, LLC. (Day, M) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Cellular Transitions, LLC. (Day, M) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Cellular Transitions, LLC. (Day, M) |
| Filing 1 COMPLAINT Receipt No: 0973-22381817 - Fee: $400, filed by Plaintiff Cellular Transitions, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Attorney M Elizabeth Day added to party Cellular Transitions, LLC(pty:pla))(Day, M) |
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