Flow Devices and Systems, Inc. v. Pivotal Systems Corporation
| Flow Devices and Systems, Inc. |
| Pivotal Systems Corporation and Parker Intangibles, LLC |
| 3:2022cv02453 |
| April 21, 2022 |
| US District Court for the Northern District of California |
| Susan van Keulen |
| Araceli Martinez-Olguin |
| Jon S Tigar |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 85 STIPULATION re #72 MOTION For Leave to File an Amended Answer , #1 Complaint, #73 MOTION for Summary Judgment Rule 41(a)(1)(A)(ii) Stipulation of Dismissal w/o Court Order filed by Flow Devices and Systems, Inc.. (Lobbin, Stephen) (Filed on 10/16/2023) |
Filing 84
Order by Judge Araceli Martinez-Olguin granting #82 Motion for Extension of Time to File Response/Reply re #82 MOTION for Extension of Time to File Response/Reply as to 81 Clerk's Notice Continuing Motion Hearing. Opposition due by 11/13/2023. Reply due by 11/27/2023. (ads, COURT STAFF) (Filed on 10/6/2023)
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| Filing 83 Statement of Non-Opposition re #82 MOTION for Extension of Time to File Response/Reply as to 81 Clerk's Notice Continuing Motion Hearing,,, Set Motion and Deadlines/Hearings,, filed byPivotal Systems Corporation. (Related document(s) #82 ) (Hann, Bree) (Filed on 10/5/2023) |
| Filing 82 MOTION for Extension of Time to File Response/Reply as to 81 Clerk's Notice Continuing Motion Hearing,,, Set Motion and Deadlines/Hearings,, filed by Flow Devices and Systems, Inc.. (Attachments: #1 Declaration Stephen M. Lobbin, #2 Proposed Order)(Lobbin, Stephen) (Filed on 10/2/2023) |
| Filing 81 Clerk's Notice Continuing Motions Hearing. Due to the Court's impacted calendar, the motion for summary judgment and motion for leave to file amended answer hearings #72 #73 are re-set to 2/15/2024 at 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. The parties may be able to obtain an earlier hearing date by consenting to a magistrate judge using the form available at: #http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ads, COURT STAFF) (Filed on 9/27/2023) |
| Filing 80 EXHIBITS re #73 MOTION for Summary Judgment to Declaration of Bree Hann In Support of MSJ (Ex. LL-RR) filed byPivotal Systems Corporation. (Attachments: #1 Exhibit MM, #2 Exhibit NN, #3 Exhibit OO, #4 Exhibit PP, #5 Exhibit QQ, #6 Exhibit RR)(Related document(s) #73 ) (Norton, William) (Filed on 9/26/2023) |
| Filing 79 EXHIBITS re #73 MOTION for Summary Judgment to Declaration of Bree Hann In Support of MSJ (Ex. KK) filed byPivotal Systems Corporation. (Related document(s) #73 ) (Norton, William) (Filed on 9/26/2023) |
| Filing 78 EXHIBITS re #73 MOTION for Summary Judgment to Declaration of Bree Hann In Support of MSJ (Ex. JJ) filed byPivotal Systems Corporation. (Related document(s) #73 ) (Norton, William) (Filed on 9/26/2023) |
| Filing 77 EXHIBITS re #73 MOTION for Summary Judgment to Declaration of Bree Hann In Support of MSJ (Ex. II) filed byPivotal Systems Corporation. (Related document(s) #73 ) (Norton, William) (Filed on 9/26/2023) |
| Filing 76 EXHIBITS re #73 MOTION for Summary Judgment to Declaration of Bree Hann In Support of MSJ (Ex. HH) filed byPivotal Systems Corporation. (Related document(s) #73 ) (Norton, William) (Filed on 9/26/2023) |
| Filing 75 EXHIBITS re #73 MOTION for Summary Judgment to Declaration of Bree Hann In Support of MSJ filed byPivotal Systems Corporation. (Attachments: #1 Exhibit GG)(Related document(s) #73 ) (Norton, William) (Filed on 9/26/2023) |
| Filing 74 EXHIBITS re #73 MOTION for Summary Judgment for Declaration of Bree Hann In Support filed byPivotal Systems Corporation. (Attachments: #1 Exhibit BB to Declaration of Bree Hann In Support of MSJ, #2 Exhibit CC to Declaration of Bree Hann In Support of MSJ, #3 Exhibit DD to Declaration of Bree Hann In Support of MSJ, #4 Exhibit EE to Declaration of Bree Hann In Support of MSJ)(Related document(s) #73 ) (Norton, William) (Filed on 9/26/2023) |
| Filing 73 MOTION for Summary Judgment filed by Pivotal Systems Corporation. Motion Hearing set for 11/16/2023 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. Responses due by 10/10/2023. Replies due by 10/17/2023. (Attachments: #1 Declaration of Todd R. Gregorian In Support, #2 Declaration of Joe Monkowski In Support, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Declaration of Bree Hann In Support, #8 Proposed Order)(Norton, William) (Filed on 9/26/2023) |
| Filing 72 MOTION For Leave to File an Amended Answer filed by Pivotal Systems Corporation. Motion Hearing set for 11/16/2023 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. Responses due by 10/10/2023. Replies due by 10/17/2023. (Attachments: #1 Exhibit B - Amended Answer, #2 Declaration of Bree Hann In Support, #3 Proposed Order)(Norton, William) (Filed on 9/26/2023) |
| Filing 71 Administrative Motion to File Under Seal its Motion for Summary Judgment, Supporting Exhibit, and Motion for Leave to File an Amended Answer filed by Pivotal Systems Corporation. (Attachments: #1 Declaration of Bree Hann In Support, #2 Proposed Order, #3 Unredacted Version of Defendant Pivotal System Corporation's Notice of Motion and Motion For Leave to File An Amended Answer, #4 Unredacted Version of Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities, #5 Unredacted Version of Declaration of Todd R. Gregorian In Support of Defendant Pivotal System Corporation's Motion for Summary Judgment)(Norton, William) (Filed on 9/26/2023) |
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Filing 70
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY as to Ashley Nakai. Signed by Judge Araceli Martinez-Olguin on 9/22/2023. (ads, COURT STAFF) (Filed on 9/22/2023)
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Filing 69
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY as to Fred Norton. Signed by Judge Araceli Martinez-Olguin on 9/22/2023. (ads, COURT STAFF) (Filed on 9/22/2023)
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Filing 68
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY as to Bree Hann. Signed by Judge Araceli Martinez-Olguin on 9/22/2023. (ads, COURT STAFF) (Filed on 9/22/2023)
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| Filing 67 NOTICE of Substitution of Counsel by Ashley Yoshiye Nakai (Nakai, Ashley) (Filed on 9/21/2023) |
| Filing 66 NOTICE of Substitution of Counsel by Bree Hann (Hann, Bree) (Filed on 9/21/2023) |
| Filing 65 NOTICE of Substitution of Counsel by William Fred Norton, Jr (Norton, William) (Filed on 9/21/2023) |
| Filing 64 SUMMONS Returned Executed by Flow Devices and Systems, Inc.. Parker Intangibles, LLC served on 6/21/2023, answer due 7/12/2023. (Lobbin, Stephen) (Filed on 6/22/2023) |
| Filing 63 Summons Issued as to Parker Intangibles, LLC, (cv, COURT STAFF) (Filed on 6/15/2023) Modified on 6/15/2023 (cv, COURT STAFF). |
| Filing 62 Proposed Summons. (Lobbin, Stephen) (Filed on 6/10/2023) |
| Filing 61 JOINT CASE MANAGEMENT STATEMENT filed by Flow Devices and Systems, Inc.. (Lobbin, Stephen) (Filed on 5/31/2023) |
| Filing 60 Case Reassigned to District Judge Araceli Martinez-Olguin. Judge Jon S. Tigar no longer assigned to the 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. (jlm, COURT STAFF) (Filed on 5/11/2023) |
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Filing 59
ORDER REASSIGNING CASE.IT IS ORDERED that this case is reassigned to the Honorable Araceli Martinez-Olguin in the San Francisco division for all further proceedings.1. All future filings shall bear the initials AMO immediately after the case number.2. All case management conference dates are vacated and will be reset by the Court.3. All hearing dates presently scheduled are VACATED. However, existing briefing schedules for motions remain unchanged. Motions must be RENOTICED for hearing before Judge Martinez-Olguin by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule. 4. Deadlines for ADR compliance and discovery cutoff remain unchanged. 5. All pretrial conference and trial dates currently set after August 18, 2023, and all other deadlines associated with the case, will remain in place unless otherwise ordered. 6. All pretrial conference and trial dates scheduled on or before August 18, 2023, are vacated. Other pretrial deadlines (e.g., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases. 7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice. 8. On or before May 31, 2023, the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlined in the #Standing Order for All Judges of the Northern District. The approved form for such statements can be accessed # here. A Joint Case Management Statement is not required in prisoner cases in which the prisoner plaintiff/petitioner is not represented by counsel. IT IS SO ORDERED. Dated: 5/10/2023 FOR THE EXECUTIVE COMMITTEE Mark B. Busby, Clerk of Court (ecg-adi, COURT STAFF) (Filed on 5/10/2023)
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| Filing 58 ANSWER to Amended Complaint Answer and Affirmative Defenses to Amended Complaint for Patent Infringement byPivotal Systems Corporation. (Mulloy, Richard) (Filed on 4/28/2023) |
| Filing 57 AMENDED COMPLAINT against Pivotal Systems Corporation, Parker Intangibles, LLC. Filed byFlow Devices and Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lobbin, Stephen) (Filed on 4/14/2023) |
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Filing 56
ORDER DENYING MOTION TO DISMISS AND MOTION FOR LEAVE TO AMEND by Judge Jon S. Tigar denying #36 Motion to Dismiss; denying #41 Motion for Leave to File. (mll, COURT STAFF) (Filed on 3/31/2023)
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| Filing 55 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. (This is a text-only entry generated by the court. There is no document associated with this entry.). The case management conference set for 3/21/2023 is CONTINUED. Case Management Statement due by 5/23/2023. Initial Case Management Conference set for 5/30/2023 02:00 PM in Oakland, - 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/jst 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than May 26, 2023 by Noon.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/. Case Management Statement due by 5/23/2023. Initial Case Management Conference set for 5/30/2023 02:00 PM in Oakland, - Videoconference Only. (mll, COURT STAFF) (Filed on 3/15/2023) |
| Filing 54 JOINT CASE MANAGEMENT STATEMENT filed by Flow Devices and Systems, Inc.. (Lobbin, Stephen) (Filed on 3/14/2023) |
| Filing 53 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Mulloy, Richard) (Filed on 3/6/2023) |
| Filing 52 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Plaintiff FDS (Lobbin, Stephen) (Filed on 3/4/2023) |
| Filing 51 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 3/1/2023) |
| Filing 50 NOTICE of Change of Address by Richard Thomas Mulloy (Mulloy, Richard) (Filed on 2/27/2023) |
| Filing 49 CLERK'S NOTICE VACATING MOTION HEARING. Before the Court is Plaintiff's Motion to File First Amended Complaint. ECF No. #41 . Pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7-1(b), the Court finds the matter suitable for disposition without oral argument. The hearing on this matter, currently scheduled for, December 22, 2022 is hereby VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Filed on 12/13/2022) |
| Filing 48 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. (This is a text-only entry generated by the court. There is no document associated with this entry.),. The case management conference set for 12/13/2022 is CONTINUED. Case Management Statement due by 3/14/2023. Initial Case Management Conference set for 3/21/2023 02:00 PM in Oakland, - 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/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be ident ified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than March 20, 2023 by 2:00 p.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/. Case Management Statement due by 3/14/2023. Initi al Case Management Conference set for 3/21/2023 02:00 PM in Oakland, - Videoconference Only. (mll, COURT STAFF) (Filed on 12/6/2022) |
| Filing 47 CLERK'S NOTICE: You are hereby notified that the hearing set for 11/3/2022 at 2:00pm re: #36 Motion to Dismiss is vacated. Court finds that the matter is appropriate for resolution without oral argument pursuant to Civil Local Rule 7-1(b). (This is a text-only entry generated by the court. There is no document associated with this entry.) (wft, COURT STAFF) (Filed on 10/24/2022) |
| Filing 46 REPLY (re #41 MOTION for Leave to File First Amended Complaint ) filed byFlow Devices and Systems, Inc.. (Lobbin, Stephen) (Filed on 10/19/2022) |
| Filing 45 OPPOSITION/RESPONSE (re #41 MOTION for Leave to File First Amended Complaint ) filed byPivotal Systems Corporation. (Mulloy, Richard) (Filed on 10/11/2022) |
| Filing 44 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing set for 12/22/2022 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. 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/jst 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than December 21, 2022 by 2:00 p.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/., Set/Reset Deadlines as to #41 MOTION for Leave to File First Amended Complaint. Motion Hearing set for 12/22/2022 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. (Related documents(s) #41 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Filed on 9/29/2022) |
| Filing 43 Renotice motion hearing re #41 MOTION for Leave to File First Amended Complaint filed byFlow Devices and Systems, Inc.. (Related document(s) #41 ) (Lobbin, Stephen) (Filed on 9/29/2022) |
| Filing 42 CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re- file #41 Motion for Leave to File First Amended Complaint. Hearing date of November 3, 2022, is vacated due to the date being listed as unavailable to further settings on Judge Tigar's calendar. The briefing schedule remains in effect. Counsel is directed to check the Judge's webpage on the Court's website regarding scheduling before re-noticing the motion for a new hearing date. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to #41 MOTION for Leave to File First Amended Complaint. Responses due by 10/11/2022. Replies due by 10/18/2022. (mll, COURT STAFF) (Filed on 9/28/2022) |
| Filing 41 MOTION for Leave to File First Amended Complaint filed by Flow Devices and Systems, Inc.. (Attachments: #1 Declaration Stephen M. Lobbin, #2 Exhibit 1, #3 Proposed Order)(Lobbin, Stephen) (Filed on 9/27/2022) |
| Filing 40 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. (This is a text-only entry generated by the court. There is no document associated with this entry.). The case management conference set for 8/23/2022 is CONTINUED. Case Management Statement due by 12/6/2022. Initial Case Management Conference set for 12/13/2022 02:00 PM in Oakland, - 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/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identi fied by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than December 12, 2022 at 2:00 p.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/. Case Management Statement due by 12/6/2022. Ini tial Case Management Conference set for 12/13/2022 02:00 PM in Oakland, - Videoconference Only. (mll, COURT STAFF) (Filed on 8/10/2022) |
| Filing 39 CLERKS NOTICE CONTINUING MOTION HEARING. The motion hearing set for 9/1/2022 is CONTNIUED. Motion Hearing set for 11/3/2022 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. 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/jst Court Appearances: Advanc ed 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than November 2, 2022 at 2:00 p.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/., Set/Reset Deadlines as to #36 MOTION to Dismiss and Memorandum of Points and Authorities in Support [F.R.C.P. 12(b)(6). Motion Hearing set for 11/3/2022 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Filed on 8/4/2022) |
| Filing 38 REPLY (re #36 MOTION to Dismiss and Memorandum of Points and Authorities in Support [F.R.C.P. 12(b)(6) ) filed byPivotal Systems Corporation. (Mulloy, Richard) (Filed on 7/7/2022) |
| Filing 37 OPPOSITION/RESPONSE (re #36 MOTION to Dismiss and Memorandum of Points and Authorities in Support [F.R.C.P. 12(b)(6) ) filed byFlow Devices and Systems, Inc.. (Lobbin, Stephen) (Filed on 7/1/2022) |
| Filing 36 MOTION to Dismiss and Memorandum of Points and Authorities in Support [F.R.C.P. 12(b)(6) filed by Pivotal Systems Corporation. Motion Hearing set for 9/1/2022 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 6/30/2022. Replies due by 7/7/2022. (Attachments: #1 Declaration of Matthew Ganas, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order)(Mulloy, Richard) (Filed on 6/16/2022) |
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Filing 35
Order by Judge Jon S. Tigar granting #34 Motion for Pro Hac Vice for Matthew Ganas.(bns, COURT STAFF) (Filed on 6/2/2022)
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| Filing 34 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17229907.) filed by Pivotal Systems Corporation. (Ganas, Matthew) (Filed on 6/2/2022) |
| Filing 33 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Document attached. Parties should still follow the guidance in ECF. 32 , regarding registration and participation in the Zoom hearing. (mll, COURT STAFF) (Filed on 5/25/2022) |
| Filing 32 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. (This is a text-only entry generated by the court. There is no document associated with this entry.). Case Management Statement due by 8/16/2022. Initial Case Management Conference set for 8/23/2022 02:00 PM in Oakland, - 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/jst 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than August 22, 2022 by 2:00 p.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/. Case Management Statement due by 8/16/2022. Initial Case Management Conference set for 8/23/2022 02:00 PM in Oakland , - Videoconference Only. (mll, COURT STAFF) (Filed on 5/25/2022) |
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Filing 31
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar 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 Susan van Keulen no longer assigned to case. Reassignment Order signed by Clerk on 5/25/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 5/25/2022)
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| Filing 30 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. (jhf, COURT STAFF) (Filed on 5/25/2022) |
| Filing 29 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Flow Devices and Systems, Inc... (Lobbin, Stephen) (Filed on 5/25/2022) |
| Filing 28 2ND CLERK'S NOTICE Re: Consent or Declination: Plaintiff(s) shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 6/2/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 5/19/2022) |
| Filing 27 CLERK'S NOTICE Re: Consent or Declination: Plaintiff(s) shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 5/18/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 5/4/2022) |
| Filing 26 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Pivotal Systems Corporation.. (Mulloy, Richard) (Filed on 5/3/2022) |
| Filing 25 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/12/2022. Initial Case Management Conference set for 7/19/2022 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 4/21/2022) |
| Filing 24 Case transferred in from District of California Central; Case Number 8:21-cv-02089. Original file certified copy of transfer order and docket sheet received. |
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Filing 23
ORDER DENYING DEFENDANTS MOTION TO DISMISS FOR LACK OF ARTICLE III STANDING AND GRANTING DEFENDANTS MOTION TO DISMISS, OR IN THE ALTERNATIVE TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA [Dkt. #15 ] by Judge Cormac J. Carney. Case electronically sent. SEE DOCUMENT FOR FURTHER INFORMATION. (MD JS-6. Case Terminated.) (twdb)
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| Filing 22 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Case Motion to Dismiss Complaint [F.R.C.P. 12(b)(1), 12(b)(3), 12 (b)(6)] #15 filed by Defendant Pivotal Systems Corporation. (Attachments: #1 Declaration of Matthew Ganas, #2 Exhibit A)(Mulloy, Richard) |
| Filing 21 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Motion to Dismiss Complaint [F.R.C.P. 12(b)(1), 12(b)(3), 12 (b)(6)] #15 filed by Plaintiff Flow Devices and Systems, Inc.. (Attachments: #1 Exhibit 1)(Lobbin, Stephen) |
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Filing 20
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Cormac J. Carney: granting #19 Non-Resident Attorney Matthew Ganas APPLICATION to Appear Pro Hac Vice on behalf of Defendants Pivotal Systems Corporation, designating Nandan Padmanabhan as local counsel. (lmh)
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| Filing 19 APPLICATION of Non-Resident Attorney Matthew Ganas to Appear Pro Hac Vice on behalf of Defendant Pivotal Systems Corporation (Pro Hac Vice Fee - $500.00 Previously Paid on 3/24/2022, Receipt No. 33001361) filed by Defendant Pivotal Systems Corporation. (Attachments: #1 Proposed Order) (Padmanabhan, Nandan) |
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Filing 18
ORDER by Judge Cormac J. Carney: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: APPLICATION of Non-Resident Attorney Matthew Ganas to Appear Pro Hac Vice on behalf of Defendant Pivotal Systems Corporation (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33001361) #14 , for the following reasons: Local Rule 83-2.1.3.3(d), Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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| Filing 17 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Matthew Ganas to Appear Pro Hac Vice on behalf of Defendant Pivotal Systems Corporation (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33001361) #14 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3. See Instructions for Applicants (1) (G-64). (lt) |
| Filing 16 NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on May 26, 2022. (rrp) |
| Filing 15 NOTICE OF MOTION AND MOTION to Dismiss Case Motion to Dismiss Complaint [F.R.C.P. 12(b)(1), 12(b)(3), 12 (b)(6)] filed by Defendant Pivotal Systems Corporation. Motion set for hearing on 4/25/2022 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Memorandum, #2 Declaration of Joseph Monkowski, #3 Proposed Order) (Mulloy, Richard) |
| Filing 14 [STRICKEN PURSUANT TO #18] APPLICATION of Non-Resident Attorney Matthew Ganas to Appear Pro Hac Vice on behalf of Defendant Pivotal Systems Corporation (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33001361) filed by Defendant Pivotal Systems Corporation. (Attachments: #1 Proposed Order) (Padmanabhan, Nandan) Modified on 3/31/2022 (twdb). |
| Filing 13 STIPULATION for Extension of Time to File Response to Complaint filed by Defendant Pivotal Systems Corporation.(Padmanabhan, Nandan) |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Nandan R. Padmanabhan counsel for Defendant Pivotal Systems Corporation. Adding Richard Mulloy as counsel of record for Pivotal Systems Corporation for the reason indicated in the G-123 Notice. Filed by Defendant Pivotal Systems Corporation. (Padmanabhan, Nandan) |
| Filing 11 Notice of Appearance or Withdrawal of Counsel: for attorney Nandan R. Padmanabhan counsel for Defendant Pivotal Systems Corporation. Adding Nandan Padmanabhan as counsel of record for Pivotal Systems Corporation for the reason indicated in the G-123 Notice. Filed by Plaintiff Pivotal Systems Corporation. (Attorney Nandan R. Padmanabhan added to party Pivotal Systems Corporation(pty:dft))(Padmanabhan, Nandan) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Flow Devices and Systems, Inc., upon Defendant Pivotal Systems Corporation served on 2/18/2022, answer due 3/11/2022. Service of the Summons and Complaint were executed upon John Doe in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons returned. (Lobbin, Stephen) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Pivotal Systems Corporation. (lh) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Autumn D. Spaeth. (lh) |
| Filing 5 NOTICE of Interested Parties filed by Plaintiff Flow Devices and Systems, Inc., (Lobbin, Stephen) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Flow Devices and Systems, Inc.. (Lobbin, Stephen) |
| Filing 3 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Flow Devices and Systems, Inc.. (Lobbin, Stephen) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Flow Devices and Systems, Inc.. (Lobbin, Stephen) |
| Filing 1 COMPLAINT Receipt No: ACACDC-32504055 - Fee: $402, filed by Plaintiff Flow Devices and Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Attorney Stephen M Lobbin added to party Flow Devices and Systems, Inc.(pty:pla))(Lobbin, Stephen) |
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