NOSSK, Inc. v. Fitness Anywhere LLC
| NOSSK, Inc. |
| Fitness Anywhere LLC doing business as TRX, WONODA Inc., Wolfgang Ott and Nadia Ott |
| Fitness Anywhere LLC |
| 5:2021cv08914 |
| November 17, 2021 |
| US District Court for the Northern District of California |
| Beth Labson Freeman |
| Sallie Kim |
| Patent |
| 28 U.S.C. § 2201 |
| Both |
Docket Report
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This docket was last retrieved on May 11, 2022. A more recent docket listing may be available from PACER.
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Filing 37
OPPOSITION/RESPONSE (re #21 MOTION for Preliminary Injunction ) filed byNOSSK, Inc.. (Attachments: #1 Declaration Declaration of Duane Mathiowetz ISO NOSSK Opposition to TRX PI Motion, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Declaration Declaration of W Ott ISO NOSSK's Oposition to TRX PI Motion, #9 Exhibit Exhibit 1, #10 Exhibit Exhibit 2, #11 Exhibit Exhibit 3, #12 Declaration Declaration of N Ott ISO NOSSK's Opposition to TRX PI Motion, #13 Exhibit Exhibit 1, #14 Exhibit Exhibit 2, #15 Exhibit Exhibit 3, #16 Exhibit Exhibit 4, #17 Exhibit Exhibit 5, #18 Exhibit Exhibit 6, #19 Exhibit Exhibit 7, #20 Exhibit Exhibit 8, #21 Exhibit Exhibit 9, #22 Exhibit Exhibit 10, #23 Exhibit Exhibit 11, #24 Exhibit Exhibit 12, #25 Exhibit Exhibit 13, #26 Exhibit Exhibit 14, #27 Exhibit Exhibit 15, #28 Exhibit Exhibit 16, #29 Exhibit Exhibit 17, #30 Exhibit Exhibit 18, #31 Exhibit Exhibit 19, #32 Exhibit Exhibit 20, #33 Exhibit Exhibit 21, #34 Exhibit Exhibit 22)(Mathiowetz, Duane) (Filed on 1/14/2022)
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Filing 36
OPPOSITION/RESPONSE (re #28 MOTION for Preliminary Injunction ) filed byFitness Anywhere LLC. (Attachments: #1 Declaration of Alain Villeneuve, #2 Attachment K-1A to Declaration of Alain Villeneuve, #3 Attachment K-1B to Declaration of Alain Villeneuve, #4 Attachment K-1C to Declaration of Alain Villeneuve, #5 Attachment K-1D to Declaration of Alain Villeneuve, #6 Attachment K-1E to Declaration of Alain Villeneuve, #7 Attachment K-1F to Declaration of Alain Villeneuve, #8 Attachment K-1G to Declaration of Alain Villeneuve, #9 Attachment K-1H to Declaration of Alain Villeneuve, #10 Attachment K-1I to Declaration of Alain Villeneuve)(Villeneuve, Alain) (Filed on 1/14/2022)
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Filing 35
MOTION to Dismiss Counts VI-IX of Defendant's Counterclaim filed by NOSSK, Inc.. Motion Hearing set for 5/12/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 1/24/2022. Replies due by 1/31/2022. (Attachments: #1 Supplement Request for Judicial Notice, #2 Exhibit Exhibit 1 to Request for Judicial Notice, #3 Exhibit Exhibit 2 to Request for Judicial Notice, #4 Proposed Order Proposed Order re Motion to Dismiss)(Mathiowetz, Duane) (Filed on 1/10/2022)
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Filing 34
Summons on a Third-Party Complaint Issued as to WONODA Inc.. (dhm, COURT STAFF) (Filed on 1/10/2022)
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Filing 33
Summons on a Third-Party Complaint Issued as to Wolfgang Ott. (dhm, COURT STAFF) (Filed on 1/10/2022)
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Filing 32
Summons on a Third-Party Complaint Issued as to Nadia Ott. (dhm, COURT STAFF) (Filed on 1/10/2022)
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Filing 31
Proposed Summons. (Villeneuve, Alain) (Filed on 1/7/2022)
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Filing 30
Proposed Summons. (Villeneuve, Alain) (Filed on 1/7/2022)
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Filing 29
Proposed Summons. (Villeneuve, Alain) (Filed on 1/7/2022)
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Filing 28
MOTION for Preliminary Injunction filed by NOSSK, Inc.. Motion Hearing set for 2/17/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 1/14/2022. Replies due by 1/28/2022. (Attachments: #1 Declaration of Duane Mathiowetz ISO Motion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Declaration of Wolfgang Ott, #23 Exhibit A Ott Dec , #24 Exhibit B Ott Dec , #25 Exhibit C Ott Dec C, #26 Exhibit D Ott Dec , #27 Exhibit E Ott Dec , #28 Proposed Order re Prelim Inj)(Mathiowetz, Duane) (Filed on 1/3/2022) Modified attachment descriptions on 1/4/2022 (dhm, COURT STAFF).
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Filing 27
ORDER STRIKING #26 PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND SETTING DEADLINE FOR FILING CORRECTED MOTION. Signed by Judge Beth Labson Freeman on 12/30/2021. (blflc1, COURT STAFF) (Filed on 12/30/2021)
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Filing 26
MOTION for Preliminary Injunction filed by NOSSK, Inc.. Motion Hearing set for 2/17/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 1/14/2022. Replies due by 1/28/2022. (Attachments: #1 Declaration Declaration of Duane Mathiowetz in Support of Motion for Preliminary Injunction, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Exhibit Exhibit N, #16 Exhibit Exhibit O, #17 Exhibit Exhibit P, #18 Exhibit Exhibit Q, #19 Exhibit Exhibit R, #20 Exhibit Exhibit S, #21 Exhibit Exhibit T, #22 Declaration Declaration of Wolfgang Ott in Support of Motion for Preliminary InjunctionApplication, #23 Exhibit Ott Exhibit A, #24 Exhibit Ott Exhibit B, #25 Exhibit Ott Exhibit C, #26 Exhibit Ott Exhibit D, #27 Exhibit Ott Exhibit E, #28 Proposed Order Proposed Order re Preliminary Injunction)(Mathiowetz, Duane) (Filed on 12/29/2021)
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Filing 25
ORDER GRANTING #23 MOTION FOR PRO HAC VICE. Signed by Judge Beth Labson Freeman on 12/21/2021. (blflc4, COURT STAFF) (Filed on 12/21/2021)
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Filing 24
EXHIBITS re #22 Answer to Complaint,, Counterclaim, CORRECTED Exhibit E filed byFitness Anywhere LLC. (Related document(s) #22 ) (Villeneuve, Alain) (Filed on 12/20/2021)
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Filing 23
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16738699.) filed by Fitness Anywhere LLC. (Attachments: #1 Certificate of Standing)(Villeneuve, Alain) (Filed on 12/20/2021)
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Filing 22
ANSWER to Complaint with Jury Demand , COUNTERCLAIM against WONODA Inc., Wolfgang Ott, Nadia Ott byFitness Anywhere LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Villeneuve, Alain) (Filed on 12/20/2021)
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Filing 21
MOTION for Preliminary Injunction filed by Fitness Anywhere LLC. Motion Hearing set for 2/17/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 1/3/2022. Replies due by 1/10/2022. (Attachments: #1 Declaration of Alain Villeneuve, #2 Proposed Order, #3 Ex. A to Declaration of Alain Villeneuve, #4 Ex. B to Declaration of Alain Villeneuve, #5 Ex. C to Declaration of Alain Villeneuve, #6 Attachment 1 to Declaration of Alain Villeneuve, #7 Attachment 2A to Declaration of Alain Villeneuve, #8 Attachment 2B to Declaration of Alain Villeneuve, #9 Attachment 2C to Declaration of Alain Villeneuve, #10 Attachment 3A to Declaration of Alain Villeneuve, #11 Attachment 3B to Declaration of Alain Villeneuve, #12 Attachment 3C to Declaration of Alain Villeneuve, #13 Attachment 4 to Declaration of Alain Villeneuve, #14 Attachment 5 to Declaration of Alain Villeneuve, #15 Attachment 6A to Declaration of Alain Villeneuve, #16 Attachment 6B to Declaration of Alain Villeneuve, #17 Attachment 6C to Declaration of Alain Villeneuve, #18 Attachment 7 to Declaration of Alain Villeneuve, #19 Attachment 8A to Declaration of Alain Villeneuve, #20 Attachment 8B to Declaration of Alain Villeneuve, #21 Attachment 9 to Declaration of Alain Villeneuve, #22 Attachment 10 to Declaration of Alain Villeneuve, #23 Attachment 11 to Declaration of Alain Villeneuve, #24 Attachment 12 to Declaration of Alain Villeneuve, #25 Attachment 13 to Declaration of Alain Villeneuve, #26 Attachment 14 to Declaration of Alain Villeneuve, #27 Attachment 15 to Declaration of Alain Villeneuve, #28 Attachment 16 to Declaration of Alain Villeneuve, #29 Attachment 17 to Declaration of Alain Villeneuve, #30 Attachment 18 to Declaration of Alain Villeneuve, #31 Attachment 19 to Declaration of Alain Villeneuve, #32 Attachment 20 to Declaration of Alain Villeneuve, #33 Attachment 21 to Declaration of Alain Villeneuve, #34 Attachment 22 to Declaration of Alain Villeneuve, #35 Attachment 23 to Declaration of Alain Villeneuve)(Villeneuve, Alain) (Filed on 12/20/2021)
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Filing 20
ORDER GRANTING #19 STIPULATION AS MODIFIED BY THE COURT. Signed by Judge Beth Labson Freeman on 12/14/2021. (blflc4, COURT STAFF) (Filed on 12/14/2021)
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Filing 19
STIPULATION WITH PROPOSED ORDER re #16 Order filed by NOSSK, Inc.. (Mathiowetz, Duane) (Filed on 12/14/2021)
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Filing 18
CLERK'S NOTICE RESETTING MOTION HEARING and CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT.Motion for Preliminary Injunction Hearing set for 2/17/2022 09:00 AM. Initial Case Management Conference set for 2/17/2022 11:00 AM in San Jose, Courtroom 3, 5th Floor. Case Management Statement due by 2/10/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 11/30/2021)
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Filing 17
ORDER REASSIGNING CASE. Case reassigned to Judge Beth Labson Freeman for all further proceedings re 309 Order Relating Case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Judge Yvonne Gonzalez Rogers no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 11/30/2021)
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Filing 16
ORDER REGARDING MOTION RE: PRELIMINARY INJUNCTION. Signed by Judge Beth Labson Freeman on 11/29/2021. (blflc4, COURT STAFF) (Filed on 11/29/2021)
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Filing 15
RELATED CASE ORDER. Signed by Judge Beth Labson Freeman on 11/29/2021. (blflc4, COURT STAFF) (Filed on 11/29/2021)
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Filing 14
ORDER OF REFERRAL TO DETERMINE WHETHER CASES ARE RELATED as to 4:21-cv-8194-YGR and 5:14-cv-1725-BLF. Signed by Judge Yvonne Gonzalez Rogers on 11/22/2021. (fs, COURT STAFF) (Filed on 11/22/2021)
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Filing 13
ORDER DENYING PLAINTIFF'S REQUEST FOR A TEMPORARY RESTRAINING ORDER; ORDER SETTING MOTION RE: PRELIMINARY INJUNCTION by Judge Yvonne Gonzalez Rogers ;denying #9 Motion for TRO. Plaintiff's additional briefing re Motion due by 11/29/2021. Responses due by 12/9/2021. Replies due by 12/13/2021. Motion for Preliminary Injunction Hearing set for 12/16/2021 02:00 PM via Zoom Webinar Videoconference Only before Judge Yvonne Gonzalez Rogers. (fs, COURT STAFF) (Filed on 11/22/2021)
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Filing 12
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 11/19/21. (Attachments: #1 Notice of Eligibility for Video Recording)(ha, COURT STAFF) (Filed on 11/19/2021)
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Filing 11
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. (mkl, COURT STAFF) (Filed on 11/19/2021)
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Filing 10
Brief re #1 Complaint, filed byNOSSK, Inc.. (Attachments: #1 Declaration Declaration of Duane Mathiowetz in Support of Application, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Exhibit Exhibit N, #16 Exhibit Exhibit O, #17 Exhibit Exhibit P, #18 Exhibit Exhibit Q, #19 Exhibit Exhibit R, #20 Exhibit Exhibit S, #21 Exhibit Exhibit T, #22 Declaration Declaration of Wolfgang Ott in Support of Application)(Related document(s) #1 ) (Mathiowetz, Duane) (Filed on 11/19/2021)
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Filing 9
MOTION for Temporary Restraining Order filed by NOSSK, Inc.. (Attachments: #1 Declaration Declaration of Counsel re Notice to Opposing Counsel, #2 Proposed Order)(Mathiowetz, Duane) (Filed on 11/19/2021)
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Filing 8
Summons Issued as to Fitness Anywhere LLC. (sfb, COURT STAFF) (Filed on 11/18/2021)
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Filing 7
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/14/2022. Initial Case Management Conference set for 2/21/2022 01:30 PM in San Francisco, Courtroom C, 15th Floor. (sfb, COURT STAFF) (Filed on 11/18/2021)
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Filing 6
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by NOSSK, Inc... (Mathiowetz, Duane) (Filed on 11/17/2021)
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Filing 5
Certificate of Interested Entities by NOSSK, Inc. (Mathiowetz, Duane) (Filed on 11/17/2021)
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Filing 4
Case assigned to Magistrate Judge Sallie Kim. 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 12/1/2021. (cv, COURT STAFF) (Filed on 11/17/2021)
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Filing 3
Proposed Summons. (Mathiowetz, Duane) (Filed on 11/17/2021)
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Filing 2
Civil Cover Sheet by NOSSK, Inc. . (Mathiowetz, Duane) (Filed on 11/17/2021)
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Filing 1
COMPLAINT against Fitness Anywhere LLC dba TRX ( Filing fee $ 402, receipt number ACANDC-16637700.). Filed byNOSSK, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J)(Mathiowetz, Duane) (Filed on 11/17/2021)
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