ATM Express Inc v. ATM Express Inc

Plaintiff:	ATM Express Inc
Case Number:	3:2007cv01293
Filed:	July 18, 2007
Court:	US District Court for the Southern District of California
Office:	San Diego Office
County:	San Diego
Presiding Judge:	Ruben B Brooks
Referring Judge:	M James Lorenz
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1051
Jury Demanded By:	Both

Date Filed	Document Text
December 16, 2009	Filing 111 ORDER of USCA as to #99 Notice of Appeal, filed by ATM Express Inc. Appellant's motion to dismiss this appeal is granted. The parties shall bear their own costs and attorneys' fees on appeal. This order served on the USDC shall act as and for the mandate of the USCA. (akr)
December 14, 2009	Filing 110 NOTICE of Withdrawal of Motion by ATM Express Inc re #97 MOTION for Attorney Fees Notice of Taking Motion for Attorneys' Fees Off Calendar (Goonan, Gregory) Modified on 12/15/2009 to clarify text (mjj)
December 3, 2009	Filing 109 ORDER Granting #107 Plaintiff's Ex Parte Motion for a 30-Day Continuance: The hearing date on Defendants Motion for Award of Attorney's Fees is hereby continued from December 14, 2009 at 10:30 a.m. to January 19, 2010 at 10:30 a.m. Signed by Judge M. James Lorenz on 12/3/2009. (All non-registered users served via U.S. Mail Service)(mjj) (jrl).
December 3, 2009	Filing 108 Notice of Document Discrepancy and Order Thereon by Judge M. James Lorenz Accepting Document: #107 Ex Parte Motion to Continue from Plaintiff ATM Express Inc. Non-compliance with local rule(s), ECF 2(g): Multiple pleadings in one docket entry not separated out as attachments, OTHER: ECF 2(g) - Supporting documents, including declarations and proofs of service, are to be filed as separate attachments to the motion. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 12/3/2009. (All non-registered users served via U.S. Mail Service)(mjj)
December 1, 2009	Filing 107 Ex Parte MOTION to Continue Plaintiff ATM Express, Inc.'s Ex Parte Application for a 30-Day Continuance of the Hearing Date for Defendant's Motion for Award of Attorneys' Fees by ATM Express Inc. (Attachments: #1 Exhibit Exhibit A to Plaintiff ATM's Ex Parte Application for 30-Day Continuance of Hearing Date)(Alaverdi, Loura) Modified on 12/2/2009 - sent email to chambers re hearing & p's & a's (mjj)
November 30, 2009	Filing 106 Notice of Document Discrepancy and Order Thereon by Judge M. James Lorenz Rejecting Document: #105 Motion for Continuance from Plaintiff ATM Express Inc. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1 or 47.1: Date noticed for hearing not in compliance with rules/documents are not timely - no hearing date obtained from chamgers, Civ. L. Rule 7.1 or 47.1: Lacking memorandum of points and authorities in support as a separate document. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 11/30/2009. (All non-registered users served via U.S. Mail Service)(mjj)
November 25, 2009	Filing 105 Document stricken from the record pursuant to #106 Order - MOTION to Continue Plaintiff ATM Express, Inc.'s Unopposed Motion for a 30-Day Continuance of the Hearing Date for Defendant's Motion for Award of Attorneys' Fees by ATM Express Inc. (Attachments: # 1 Exhibit Exhibit A to Plaintiff ATM Express, Inc.'s Unopposed Motion for Continuance of Hearing)(Alaverdi, Loura) (mjj) (Attachment(s) added on 11/30/2009 to replace stricken document) (mjj). Modified on 11/30/2009 to add striking text (mjj)
October 19, 2009	Filing 104 Costs Taxed in amount of $4,394.18 against plaintiff ATM Express Inc (All non-registered users served via U.S. Mail Service)(nsp)
October 15, 2009	Filing 103 OBJECTION by ATM Express Inc re #96 Bill of Costs; Plaintiff's Objection to Defendant's Bill of Costs. (Alaverdi, Loura) Modified on 10/16/2009 to add link (asw).
October 14, 2009	Filing 102 USCA Time Schedule Order as to #99 Notice of Appeal, filed by Plaintiff ATM Express Inc. (akr)
October 14, 2009	Filing 101 USCA Case Number 09-56638 for #99 Notice of Appeal, filed by Plaintiff ATM Express Inc. (akr)
October 14, 2009	Filing 100 Notice of Document Discrepancy and Order Thereon by Judge M. James Lorenz Accepting Document: Motion for Attorneys Fees from Defendant ATM Express Inc. Non-compliance with local rule(s), OTHER: Failure to provide courtesy copy. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. If a courtesy copy is not provided by close of business on 10/15/09, noncompliant documents will be stricken from the record. This counsel has repeatedly failed to comply with the courts orders and rules of procedure. Any further failure to fully comply with court orders and procedural rules will result in imposition of sanctions, including withdrawal of electronic filing privileges. Signed by Judge M. James Lorenz on 10/14/09. (All non-registered users served via U.S. Mail Service)(asw)
October 14, 2009	NOTICE of transmission of Plaintiff ATM Express Inc.'s Civil Appeals Docketing Statement to US Court of Appeals via U.S. mail, re #99 Notice of Appeal. (akr)
October 13, 2009	Filing 99 NOTICE OF APPEAL as to #94 Order Granting Defendant's Motion for Summary Judgment, or, in the Alternative, for Summary Adjudication, and Denying Plaintiff's Motion for Summary Judgment or, in the Alternative, for Summary Adjudication, #95 Clerk's Judgment, by Plaintiff ATM Express Inc. (Filing Fee: Paid, Receipt No. CAS006191). (Attachments: #1 Exhibit A). (Notice of Appeal electronically transmitted to US Court of Appeals). (akr)
September 29, 2009	Filing 98 NOTICE: A Bill of Costs #96 was filed by defendant ATM Express, Inc. scheduling a hearing for October 19, 2009 at 10:00 am. Any opposition or responsive pleading to the Bill of Costs is to be filed by close of business on Thursday, October 15, 2009. All parties requesting to appear telephonically for this Bill of Costs hearing are directed to join on a conference call then contact N. Prewitt (619-557-6415) at the time of the hearing. (nsp)
September 28, 2009	Filing 97 WITHDRAWN pursuant to #110 Notice of Withdrawal - MOTION for Attorney Fees by ATM Express Inc. (Attachments: #1 Memo of Points and Authorities in Support of Defendant's Motion for Attorneys' Fees, #2 Declaration of Gregory P. Goonan in Support of Defendant's Motion for Attorneys' Fees)(Goonan, Gregory) (mkz). Modified on 12/15/2009 to add withdrawal text (mjj)
September 28, 2009	Filing 96 BILL OF COSTS submitted by Counter Claimant ATM Express Inc, Defendant ATM Express Inc in the amount of $ 6816.22. Hearing set for 10/19/2009 at 10:00. (Goonan, Gregory) (mkz).
September 14, 2009	Filing 95 CLERK'S JUDGMENT IT IS SO ORDERED AND ADJUDGED that judgment is in favor of Defendant ATM Express Inc against Plaintiff ATM Express Inc: Defendants motion for summary adjudication of Plaintiffs claims is GRANTED and Plaintiffs summary judgment motion is DENIED. (All non-registered users served via U.S. Mail Service).(mjj)(kaj).
September 11, 2009	Filing 94 ORDER Granting #61 Defendant's Motion for Summary Judgment, or, in the Alternative, for Summary Adjudication; and Denying #70 Plaintiff's Motion for Summary Judgment or, in the Alternative, for Summary Adjudication: Defendants motion for summary adjudication of Plaintiffs claims is GRANTED and Plaintiffs summary judgment motion is DENIED. Signed by Judge M. James Lorenz on 9/11/2009. (All non-registered users served via U.S. Mail Service).(mjj) (kaj).
July 31, 2009	Filing 93 Minute Order. The Mandatory Settlement Conference set for 8/10/09 is vacated and reset for 9/17/2009 02:00 PM before Magistrate Judge Ruben B. Brooks. Mandatory settlement conference briefs shall be submitted to Magistrate Judge Brooks's chambers on or before September 10, 2009. Signed by Magistrate Judge Ruben B. Brooks on 7/31/09. (All non-registered users served via U.S. Mail Service).(vet)(jrl).
June 2, 2009	Filing 92 Minute ORDER: The Mandatory Settlement Conference set for 6/10/2009 at 10:00 am is vacated and reset for 8/10/2009 01:30 PM before Magistrate Judge Ruben B. Brooks. Mandatory settlement conference briefs due 8/3/2009. Signed by Magistrate Judge Ruben B. Brooks on 6/2/2009. (All non-registered users served via U.S. Mail Service).(mjj) (jrl).
April 27, 2009	Filing 91 Minute ORDER: The Mandatory Settlement Conference set for 4/30/2009 at 2:00 pm is vacated and reset for 6/10/2009 10:00 AM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 4/27/2009. (All non-registered users served via U.S. Mail Service).(mjj) (jrl).
March 24, 2009	Filing 90 OBJECTION by ATM Express Inc re #85 Pretrial Disclosures Plaintiff and Counterclaim Defendant ATM Express, Inc.'s Objections to Defendant's Pretrial Disclosures. (Alaverdi, Loura) Modified on 3/25/2009 to add link (mjj)
March 20, 2009	Filing 89 OBJECTION by ATM Express Inc re #86 Pretrial Memorandum Objections to Plaintiff's FRCP 26(a)(3) Pretrial Disclosures. (Goonan, Gregory) (mjj)
March 17, 2009	Filing 88 Minute ORDER: The Mandatory Settlement Conference set for 4/9/2009 at 2:00 PM is vacated and reset for 4/30/2009 02:00 PM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 3/17/2009. (All non-registered users served via U.S. Mail Service).(mjj)(jrl).
March 6, 2009	Filing 87 Minute ORDER: The Mandatory Settlement Conference set for 3/16/09 at 8:30 AM is vacated and reset for 4/9/2009 02:00 PM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 3/6/2009. (All non-registered users served via U.S. Mail Service).(mjj) (jrl).
March 3, 2009	Filing 86 PRETRIAL MEMORANDUM - Pretrial Disclosures by ATM Express Inc. (Alaverdi, Loura) Modified on 3/4/2009 to clarify text (mjj)
February 27, 2009	Filing 85 PRETRIAL MEMORANDUM - Pretrial Disclosures by ATM Express Inc. (Goonan, Gregory) Modified on 3/2/2009 to clarify text (mjj)
February 23, 2009	Filing 84 Minute ORDER: The Mandatory Settlement Conference set for 3/2/2009 at 1:30 pm is vacated and reset for 3/16/2009 08:30 AM before Magistrate Judge Ruben B. Brooks. Signed by Judge M. James Lorenz on 2/23/2009. (All non-registered users served via U.S. Mail Service).(mjj) (jrl).
February 23, 2009	Filing 83 ORDER Continuing Pretrial Conference: The final pretrial conference currently scheduled on this courts calendar for March 16, 2009 at 11:00 a.m. is hereby CONTINUED. The dates set in Paragraphs 7 and 8 of the January 22, 2008 Case Management Conference Order shall be reset in accordance with the new pretrial conference date. Signed by Judge M. James Lorenz on 2/23/2009. (All non-registered users served via U.S. Mail Service).(mjj) (jrl).
January 5, 2009	Filing 82 ORDER Re: Oral Argument: The Court finds the motions set for calendar on 1/12/2009 suitable for determination on the papers and without oral argument. Accordingly, no appearances are required on 1/12/2009 and the motions will be deemed submitted as of that date. Signed by Judge M. James Lorenz on 1/5/2009. (leh)
December 30, 2008	Filing 81 Notice of Document Discrepancy and Order Thereon by Judge M. James Lorenz Accepting Document: #79 Response to OSC from Defendant ATM Express Inc. Non-compliance with local rule(s), OTHER: ECF 2(e) - Failure to provide a courtesy copy. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. If a courtesy copy is not provided by noon on Tuesday, January 6, 2009, noncompliant documents will be stricken from the record. Signed by Judge M. James Lorenz on 12/29/2008. (All non-registered users served via U.S. Mail Service).(mjj)
December 23, 2008	Filing 80 REPLY to Response to Motion re #70 MOTION for Summary Judgment Plaintiff and Counterclaim Defendant ATM Express, Inc.'s Notice of Motion and Motion for Summary Judgment or, in the Alternative, Summary Adjudication Plaintiff ATM Express, Inc.'s Reply to Defendant's Opposition to Motion for Summary Judgment or, in the Alternative, Summary Adjudication filed by ATM Express Inc. (Attachments: #1 Exhibit Exhibit AA in Support of Plaintiff ATM Express, Inc.'s Reply to Defendant's Opposition to Motion for Summary Judgment or, in the Alternative, Summary Adjudication)(Alaverdi, Loura) (mjj)
December 22, 2008	Filing 79 RESPONSE TO ORDER TO SHOW CAUSE by ATM Express Inc. (Attachments: #1 Declaration of Gregory P. Goonan)(Goonan, Gregory) (mjj)
December 19, 2008	Filing 78 ORDER Denying #77 Joint Motion and Order to Show Cause Why Defendant's Combined Opposition and Reply Brief Should Not be Stricken as Untimely: Order to Show Cause Response no more than five pages in length, and an affidavit, if any, due by 12/22/2008. Plaintiffs reply to the order to show cause, if any, shall be filed and served no later than December 23, 2008 and shall be no more than five pages in length. If Plaintiff desires to protect its right to file a reply in support of its summary judgment motion in the event that Defendants brief is not stricken, it must file it no later than December 23, 2008, as provided in the December 17, 2008 order. The court is not inclined to extend any of the above due dates except upon a showing of extraordinary good cause. Signed by Judge M. James Lorenz on 12/19/2008. (All non-registered users served via U.S. Mail Service).(mjj)
December 18, 2008	Filing 77 Joint MOTION for Extension of Time to File Briefs re: Pending Summary Judgment/Summary Adjudication Motions, Joint Motion to Modify Summary Judgment Briefing Schedule by ATM Express Inc. (Goonan, Gregory) (mjj)
December 17, 2008	Filing 76 ORDER Granting #72 Ex Parte Motion for Extension of Time: No later than December 16, 2008, Defendant shall file a combined opposition to Plaintiffs summary judgment motion and reply in support of its own summary judgment motion. Defendant shall file one combined memorandum of points and authorities, which shall not exceed 30 pages in length. No later than December 23, 2008, Plaintiff shall file a reply in support of its motion. The reply memorandum of points and authorities shall not exceed 10 pages in length. Signed by Judge M. James Lorenz on 12/16/2008. (All non-registered users served via U.S. Mail Service).(mjj)
December 17, 2008	Filing 75 Notice of Document Discrepancy and Order Thereon by Judge M. James Lorenz Accepting Document: #72 Ex Parte Application for Extension of Time from Defendant ATM Express Inc. Non-compliance with local rule(s), ECF 2(g): Multiple pleadings in one docket entry not separated out as attachments. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 12/16/2008. (All non-registered users served via U.S. Mail Service).(mjj)
December 17, 2008	Filing 74 Notice of Document Discrepancy and Order Thereon by Judge M. James Lorenz Accepting Document: #71 Joint Statement of Undisputed Facts from Defendant ATM Express Inc. Non-compliance with local rule(s), ECF 2(a),(g): Docket entry does not accurately reflect the document filed - the document filed is not a motion. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 12/16/2008. (All non-registered users served via U.S. Mail Service).(mjj)
December 17, 2008	Filing 73 REPLY to Response to Motion re #61 MOTION for Summary Judgment MOTION for Summary Adjudication, #70 MOTION for Summary Judgment Plaintiff and Counterclaim Defendant ATM Express, Inc.'s Notice of Motion and Motion for Summary Judgment or, in the Alternative, Summary Adjudication filed by ATM Express Inc. (Attachments: #1 Appendix (Supplemental) of Exhibits in Support of Defendant's Summary Judgment/Summary Adjudication Motion)(Goonan, Gregory) (mjj)
December 15, 2008	Filing 72 Ex Parte MOTION for Extension of Time to File Response/Reply as to #61 MOTION for Summary Judgment MOTION for Summary Adjudication, #70 MOTION for Summary Judgment Plaintiff and Counterclaim Defendant ATM Express, Inc.'s Notice of Motion and Motion for Summary Judgment or, in the Alternative, Summary Adjudication by ATM Express Inc. (Goonan, Gregory) (mjj)
December 15, 2008	Filing 71 Joint MOTION for Summary Judgment Joint Statement of Undisputed Facts re: Cross Motions for Summary Judgment/Summary Adjudication by ATM Express Inc. (Goonan, Gregory) (mjj)
December 1, 2008	Filing 70 MOTION for Summary Judgment Plaintiff and Counterclaim Defendant ATM Express, Inc.'s Notice of Motion and Motion for Summary Judgment or, in the Alternative, Summary Adjudication by ATM Express Inc. (Attachments: #1 Memo of Points and Authorities in Support, #2 Exhibits A-K in Support, #3 Exhibits L-Z in Support)(Alaverdi, Loura) Modified on 12/3/2008 to clarify text (mjj)
November 21, 2008	Filing 69 ORDER Overruling Defendant's Objections to the Magistrate Judge's Order; Granting in Part and Denying in Part Plaintiff's Request for Additional Attorneys' Fees and Expenses; and Denying Plaintiff's Request for Contempt: The Magistrate Judges order was neither clearly erroneous nor contrary to law. Defendants objections are OVERRULED. The request for attorneys fees is DENIED in light of the generous amount already awarded. However, the request for transcript fees is GRANTED because Defendant should have attached the transcript to his objections to allow for proper review. Plaintiffs request for contempt is DENIED based on the October 16, 2008 order granting Defendants ex parte application for stay. Signed by Judge M. James Lorenz on 11/21/2008. (All non-registered users served via U.S. Mail Service).(mjj)
November 20, 2008	Filing 68 ORDER Granting #65 Defendant's Ex Parte Motion for Two Day Extension of Time to File Reply Memorandum in Support of Objection to Magistrate Judge's Order Imposing Discovery Sanctions: Replies due by 11/19/2008. Signed by Judge M. James Lorenz on 11/20/2008. (All non-registered users served via U.S. Mail Service).(mjj)
November 20, 2008	Filing 67 ORDER Denying #63 Defendant's Ex Parte Motion for Leave to File Documents Under Seal. Signed by Judge M. James Lorenz on 11/20/2008. (All non-registered users served via U.S. Mail Service).(mjj)
November 20, 2008	Filing 66 Notice of Document Discrepancy and Order Thereon by Judge M. James Lorenz Accepting Document: #61 Motion for Summary Judgment, Motion for Summary Adjudication from Defendant ATM Express Inc. Non-compliance with local rule(s), Civ. L. Rule 7.1 or 47.1: Briefs or memoranda exceed length restrictions/print too small, OTHER: ECF 2(k) - Exhibits lacking table of contents. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 11/20/2008. (All non-registered users served via U.S. Mail Service).(mjj)
November 19, 2008	Filing 65 Ex Parte MOTION for Extension of Time to File Response/Reply as to #64 Reply by ATM Express Inc. (Goonan, Gregory) (mjj)
November 19, 2008	Filing 64 REPLY in Support re #40 Objection, filed by ATM Express Inc. (Goonan, Gregory) Modified on 11/20/2008 to clarify text (mjj)
November 19, 2008	Filing 63 Ex Parte MOTION for Leave to File Confidential Documents Under Seal in Support of Summary Judgment/Summary Adjudication Motion by ATM Express Inc. (Goonan, Gregory) (mjj)
November 17, 2008	Filing 62 ORDER: Briefing Schedule: Both sides have scheduled summary judgment motions for January 12, 2009. Defendant's motion papers in support of its summary judgment motion due November 17, 2008. Plaintiff's combined motion papers in support of its own summary judgment motion and in opposition to Defendants motion due December 1, 2008., Defendant's combined opposition to Plaintiffs motion and reply in support of its own motion due December 15, 2008. Plaintiff's reply in support of its motion Due December 22, 2008. No later than December 15, 2008, the parties shall file one Joint Statement of Undisputed Facts, which shall contain undisputed facts pertaining to both motions. The parties shall not file duplicate exhibits. Signed by Judge M. James Lorenz on 11/17/2008. (All non-registered users served via U.S. Mail Service).(mjj)
November 17, 2008	Filing 61 MOTION for Summary Judgment, MOTION for Summary Adjudication by ATM Express Inc. (Attachments: #1 Memo of Points and Authorities in Support of Motion for Summary Judgment/Summary Adjudication, #2 Declaration of Gregory P. Goonan in Support of Motion for Summary Judgment/Summary Adjudication, #3 Exhibit A (Trademark Registration) in Support of Motion for Summary Judgment/Summary Adjudication, #4 Exhibit C (Trademark Application File Wrapper) in Support of Motion for Summary Judgment/Summary Adjudication, #5 Exhibit D (Office Action No. 1) in Support of Motion for Summary Judgment/Summary Adjudication, #6 Exhibit E (Defendant's Articles) in Support of Motion for Summary Judgment/Summary Adjudication, #7 Exhibit F (Ambuehl Depo Excerpts) in Support of Motion for Summary Judgment/Summary Adjudication, #8 Exhibit G (NY ATM Express Docs) in Support of Motion for Summary Judgment/Summary Adjudication, #9 Exhibit H PT. 1 (Other ATM Express Users) in Support of Motion for Summary Judgment/Summary Adjudication, #10 Exhibit H PT. 2 (Other ATM Express Users) in Support of Motion for Summary Judgment/Summary Adjudication, #11 Exhibit I (Trademark Application Amendment)in Support of Motion for Summary Judgment/Summary Adjudication, #12 Exhibit J (Cheika Depo Excerpts) in Support of Motion for Summary Judgment/Summary Adjudication, #13 Exhibit N (Buckley Depo Excerpts) in Support of Motion for Summary Judgment/Summary Adjudication)(Goonan, Gregory) Modified on 11/18/2008 - sent DO to chamber re exhibit table of contents (mjj)
November 13, 2008	Filing 60 ORDER Granting #49 Defendant's Ex Parte Motion for Leave to File a Reply: No later than November 17, 2008 Defendant shall file a reply memorandum, if any, no more than five pages in length. Defendant is granted leave to address only the three issues listed in the ex parte application and no others. Signed by Judge M. James Lorenz on 11/13/2008. (All non-registered users served via U.S. Mail Service).(mjj)
October 16, 2008	Filing 59 ORDER Granting #45 Defendant's Ex Party Motion for a Stay Pending Ruling on Objection to Magistrate Judge's Discovery Order Imposing Monetary Sanctions: The sanctions portion of the August 18 Order shall be, and hereby is, stayed pending this courts decision on Defendants Objection. To the extent Defendant remains obligated to pay any sanctions pursuant to the August 18 Order after the Court issues its decision on Defendants Objection, Defendant shall pay such sanctions within five (5) court days of the date that the courts order and decision on Defendants Objection is entered. Signed by Judge M. James Lorenz on 10/16/2008. (All non-registered users served via U.S. Mail Service).(mjj)
October 16, 2008	Filing 58 ORDER Granting #57 Joint Motion to Extend Deadline for Filing Pre-Trial Motions: The due date for filing pre-trial motions is continued to November 17, 2008. Signed by Magistrate Judge Ruben B. Brooks on 10/16/2008. (All non-registered users served via U.S. Mail Service).(mjj)
October 14, 2008	Filing 57 Joint MOTION to Continue Deadline for Filing Pre-Trial Motions by ATM Express Inc. (Alaverdi, Loura) (mjj)
October 3, 2008	Filing 56 ORDER Granting #55 Further Joint Motion to Extend Defendant's Expert Designation Date, Supplemental Expert Designation Date, and Discovery Cut-Off Date: The last day for Defendants expert designations and reports is continued to October 27, 2008. The last day for supplemental expert designations and reports is continued to November 7, 2008. The last day to complete all discovery is continued to November 10, 2008. All other dates set by the Courts July 14, 2008 Scheduling Order shall remain unchanged. Signed by Magistrate Judge Ruben B. Brooks on 10/3/2008. (All non-registered users served via U.S. Mail Service).(mjj)
October 2, 2008	Filing 55 Joint MOTION to Continue Further Joint Motion to Extend Defendant's Expert Designation Date, Supplemental Expert Designation Date, and Discovery Cut-Off Date by ATM Express Inc. (Alaverdi, Loura) Modified on 10/3/2008 to clarify text (mjj)
September 30, 2008	Filing 54 ORDER Granting #53 Joint Motion to Extend Defendant's Expert Designation Date and Supplemental Expert Designation Date: The last day for service of Defendants expert designation and reports is continued to October 13, 2008. The last day for service of any supplemental expert designations and reports is continued to October 24, 2008. All other dates set by the Courts July 14, 2008 Scheduling Order shall remain unchanged. Signed by Magistrate Judge Ruben B. Brooks on 9/30/2008. (All non-registered users served via U.S. Mail Service).(mjj)
September 26, 2008	Filing 53 Joint MOTION to Continue Defendant's Expert Designation Date and Supplemental Expert Designation Date by ATM Express Inc. (Goonan, Gregory) (mjj)
September 23, 2008	Filing 52 ORDER Granting #46 Defendant's Ex Parte Motion for Order Extending Due date for Sanctions Payment Pursuant to 8/18/08 Order. Signed by Magistrate Judge Ruben B. Brooks on 9/22/2008. (All non-registered users served via U.S. Mail Service).(mjj)
September 19, 2008	Filing 51 RESPONSE in Opposition re #49 Ex Parte MOTION for Leave to File Reply Memorandum in Support of Objection to Magistrate Judge Order Plaintiff ATM Express, Inc.'s Opposition to Defendant's Ex Parte Application Requesting Permission to File a Reply Memorandum in Support of Objection to Magistrate Judge's Discovery Order Imposing Monetary Sanctions filed by ATM Express Inc. (Attachments: #1 Exhibit Exhibits A-B to Plaintiff ATM Express, Inc.'s Opposition to Defendant's Ex Parte Application Requesting Permission to File a Reply Memorandum in Support of Objection to Magistrate Judge's Discovery Order Imposing Monetary Sanctions)(Alaverdi, Loura) (mjj)
September 19, 2008	Filing 50 REPLY to Response to Motion re #46 Ex Parte MOTION for Extension of Time to File Pay Sanctions Award, #45 Ex Parte MOTION to Stay re #39 Terminate Motions, Motion Hearing,,,, Sanctions Payment Pending Ruling on Objection to August 18, 2008 Order filed by ATM Express Inc. (Goonan, Gregory) (mjj)
September 18, 2008	Filing 49 Ex Parte MOTION for Leave to File Reply Memorandum in Support of Objection to Magistrate Judge Order by ATM Express Inc. (Goonan, Gregory) (mjj)
September 17, 2008	Filing 48 RESPONSE in Opposition re #46 Ex Parte MOTION for Extension of Time to File Pay Sanctions Award, #45 Ex Parte MOTION to Stay re #39 Terminate Motions, Motion Hearing,,,, Sanctions Payment Pending Ruling on Objection to August 18, 2008 Order Plaintiff ATM Express, Inc.'s Opposition to Defendant's Ex Parte Applications for (1) An Order Extending Due Date for Sanctions Payment and (2) A Stay Pending Ruling on Objection to Order Imposing Monetary Sanctions filed by ATM Express Inc. (Attachments: #1 Declaration Declaration of Loura L. Alaverdi in Support of Plaintiff's Opposition to Defendant's Ex Parte Applications for (1) An Order Extending Due Date for Sanctions Payment and (2) A Stay Pending Ruling on Objection to Order Imposing Monetary Sanctions, #2 Exhibit Exhibit A to Declaration of Loura L. Alaverdi in Support of Plaintiff's Opposition to Defendant's Ex Parte Applications for (1) An Order Extending Due Date for Sanctions Payment and (2) A Stay Pending Ruling on Objection to Order Imposing Monetary Sanction)(Alaverdi, Loura) Modified on 9/18/2008 - sent email re declaration not signed (mjj)
September 16, 2008	Filing 47 REPLY re #40 Objection,,, Plaintiff ATM Express, Inc.'s Response to Defendant's Objection to Magistrate Judge's Discovery Order Imposing Monetary Sanctions filed by ATM Express Inc. (Attachments: #1 Declaration of Loura L. Alaverdi in Support of Plaintiff''s Response to Defendant's Objection to Magistrate Judge's Discovery Order Imposing Monetary Sanctions, #2 Exhibits A-F to Alaverdi Declaration in Support of Plaintiff's Response to Defendant's Objection to Order Imposing Monetary Sanctions)(Alaverdi, Loura) Modified on 9/17/2008 to clarify text. Decl not signed. Sent DO to chambers (mjj) Modified on 9/18/2008 sent email per chambers (mjj)
September 15, 2008	Filing 46 Ex Parte MOTION for Extension of Time to File Pay Sanctions Award by ATM Express Inc. (Goonan, Gregory) (mjj)
September 15, 2008	Filing 45 Ex Parte MOTION to Stay re #39 Terminate Motions, Motion Hearing,,,, Sanctions Payment Pending Ruling on Objection to August 18, 2008 Order by ATM Express Inc. (Goonan, Gregory) (mjj)
September 11, 2008	Filing 44 Transcript of Motion Hearing held on 8/18/2008, before Magistrate Judge Ruben B. Brooks. Court Reporter/Transcriber: Echo Reporting. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/29/2008. Redacted Transcript Deadline set for 10/9/2008. Release of Transcript Restriction set for 12/8/2008. (akr)
September 10, 2008	Filing 43 Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks:Settlement Conference held on 9/10/2008. A Mandatory Settlement Conference will be held on 3/2/2009 at 1:30 PM before Magistrate Judge Ruben B. Brooks. Mandatory settlement conference briefs shall be submitted to Magistrate Judge Brooks chambers on or before February 25, 2009. (Plaintiff Attorney Neal Seth & Loura Alaverdi).(Defendant Attorney Gregory Goonan). (pdc) (av1).
September 4, 2008	Filing 42 SCHEDULING ORDER Re Defendant's Rule 72(a) Objections: Plaintiff's memorandum of points and authorities in opposition to Defendants objection, which shall be no more than fifteen pages in length, and supporting evidence, if any, shall be filed no later than September 16, 2008. Upon filing the foregoing, the parties shall await further order of the court. Signed by Judge M. James Lorenz on 9/3/2008. (All non-registered users served via U.S. Mail Service).(mjj)
September 4, 2008	Filing 41 Notice of Document Discrepancy and Order Thereon by Judge M. James Lorenz Accepting Document: #40 Objection to Magistrate Judge Sanctions Order from Defendant ATM Express Inc. Non-compliance with local rule(s), OTHER: Failure to provide courtesy copy. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. If a courtesy copy is not provided by noon on FRIDAY, SEPTEMBER 5, 2008, non-compliant documents will be stricken from the record. Signed by Judge M. James Lorenz on 9/3/2008. (All non-registered users served via U.S. Mail Service).(mjj)
September 2, 2008	Filing 40 OBJECTION by ATM Express Inc re #39 Terminate Motions, Motion Hearing,,,, to Magistrate Judge Sanctions Order. (Attachments: #1 Exhibit 1 August 18 08 Order, #2 Exhibit 2 Plt 1st Set Interrogatories, #3 Exhibit 3 Plt 1st Document Request, #4 Exhibit 4 Plt 2nd Document Request, #5 Exhibit 5 Def Interrogatory Responses, #6 Exhibit 6 Def Responses 1st Document Request, #7 Exhibit 7 Def Responses 2nd Document Request, #8 Exhibit 8 Jun 9 08 Letter, #9 Exhibit 9 Plt Moving Brief Mtn Compel, #10 Exhibit 10 Def Opposition Motion Compel, #11 Exhibit 11 Plt Reply Motion Compel, #12 Exhibit 12 Goonan Dec Opposition Motion Compel, #13 Exhibit 13 Plt Notice Motion Compel, #14 Exhibit 14 Plt Sanctions Declarations, #15 Exhibit 15 Def Objections Motion Strike, #16 Exhibit 16 Fidelity Sanctions Declaration, #17 Exhibit 17 Fidelity Sanctions Reply)(Goonan, Gregory) Modified on 9/3/2008 - sent email re exhibits (mjj) Modified on 9/18/2008 to remove accidental modification (mjj)
August 18, 2008	Filing 39 Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks:A hearing was held on Plaintiff ATM Express, Inc.s Motion to Compel theProduction of Documents and Things #28 . Motion to Compel is granted. Defendant shall produce all documents that have not yet been produced by 8/22/08. Defendant shall pay sanctions of $5,236.15 to Plaintiff by 9/15/08. (Tape #1: 10:02:44-11:03:54 and 11:17:02-11:19:50). (Plaintiff Attorney Neal Seth, Loura Alaverdi (present)).(Defendant Attorney Gregory Goonan (present)). (All non-registered users served via U.S. Mail Service)(asw) Modified on 8/19/2008 to note mail service (asw). (kaj).
August 18, 2008	Filing 38 OBJECTIONS filed as RESPONSE in Opposition re #28 MOTION to Compel Production of Document Requests Objections to Alaverdi and Seth Declarations and Motion to Strike filed by ATM Express Inc. (Goonan, Gregory) Modified text on 8/19/2008 to reflect document type (lao). Contacted Attny re filing Motion to Strike as separate entry
August 15, 2008	Filing 37 RESPONSE in Support re #28 MOTION to Compel Production of Document Requests Declaration of Loura L. Alaverdi in Support of Plaintiff ATM Express, Inc.'s Request for Sanctions in Connection with motion to Compel Defendant to Produce Documents filed by ATM Express Inc. (Attachments: #1 Exhibit Exhibits A-B to Declaration of Loura L. Alaverdi in Support of Plaintiff's Request for Sanctions Re Motion to Compel)(Alaverdi, Loura) (mjj) Modified on 8/18/2008 to remove all caps. Sent email (mjj)
August 14, 2008	Filing 36 ORDER re #28 MOTION to Compel Production of Document Requests : Plaintiff has filed a Motion to Compel which includes a request for sanctions. Plaintiff shall file a declaration no later thatn 12:00 pm on 8/15/08 detailing its request for sanctions and the fees incurred in bringing the Motion to Compel. Motion Hearing set for 8/18/2008 10:00 AM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 8/14/2008. (All non-registered users served via U.S. Mail Service).(mjj)
August 13, 2008	Filing 35 RESPONSE in Further Support of Opposition re #28 MOTION to Compel Production of Document Requests Declaration of Gregory P. Goonan filed by ATM Express Inc. (Goonan, Gregory) Modified on 8/15/2008 to clarify text (mjj)
August 6, 2008	Filing 34 RESPONSE in Support re #28 MOTION to Compel Production of Document Requests PLAINTIFF ATM EXPRESS, INC.'S REPLY IN SUPPORT OF MOTION TO COMPEL THE PRODUCTION OF DOCUMENTS AND THINGS filed by ATM Express Inc. (Alaverdi, Loura) (mjj)
August 4, 2008	Filing 33 RESPONSE in Opposition re #28 MOTION to Compel Production of Document Requests filed by ATM Express Inc. (Goonan, Gregory) (mjj)
July 18, 2008	Filing 32 PRO HAC VICE APPOINTED: Mark H Tidman appearing for Plaintiff ATM Express Inc. (All non-registered users served via U.S. Mail Service).(leh)
July 14, 2008	Filing 31 ORDER granting in part and denying in part #29 Ex Parte Motion for Extension of Time to Disclose Expert Witnesses and Reports and Propounding Written Discovery: The July 21, 2008, deadline for disclosing Plaintiffs expert witnesses and reports is extended to September 8, 2008. The deadline for disclosing Defendants expert witnesses and reports is September 29, 2008; each party may supplement its designation no later than October 10, 2008. The discovery cut-off date is extended to October 20, 2008. All discovery must be completed by that date. All other scheduling dates remain as previously set. Signed by Magistrate Judge Ruben B. Brooks on 7/14/2008. (All non-registered users served via U.S. Mail Service).(mjj)
July 11, 2008	Filing 30 RESPONSE to Motion re #29 Ex Parte MOTION for Extension of Time to Complete Discovery Plaintiff ATM Express, Inc.'s Ex Parte Motion to Extend Deadline for Disclosing Expert Witnesses and Reports and Propounding Written Discovery filed by ATM Express Inc. (Goonan, Gregory) (mjj)
July 9, 2008	Filing 29 Ex Parte MOTION for Extension of Time to Complete Discovery Plaintiff ATM Express, Inc.'s Ex Parte Motion to Extend Deadline for Disclosing Expert Witnesses and Reports and Propounding Written Discovery by ATM Express Inc. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Declaration of Loura Alaverdi, #3 Exhibit Exhibits A-B)(Alaverdi, Loura) (mjj)
July 2, 2008	Filing 28 MOTION to Compel Production of Document Requests by ATM Express Inc. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit)(Alaverdi, Loura) (mjj)
June 30, 2008	Filing 27 ORDER granting in part and denying in part #22 Plaintiff ATM Express, Inc.'s Ex Parte Motion to Consider Plaintiff's motion to compel. Signed by Magistrate Judge Ruben B. Brooks on 06/30/08. (All non-registered users served via U.S. Mail Service).(jpp)
June 27, 2008	Filing 26 REPLY to Response to Motion re #22 Ex Parte MOTION to Compel Ex Parte Motion to Consider Plaintiff's Motion to Compel Plaintiff's Reply to Defendant's Opposition to Plaintiff's Ex Parte Motion to Consider Plaintiff's Motion to Compel filed by ATM Express Inc. (Alaverdi, Loura) (mjj)
June 26, 2008	Filing 25 RESPONSE in Opposition re #22 Ex Parte MOTION to Compel Ex Parte Motion to Consider Plaintiff's Motion to Compel filed by ATM Express Inc. (Attachments: #1 Exhibit A Def. Responses First Set Interrogatories, #2 Exhibit B Def. Responses First Doc Request, #3 Exhibit C Def. Responses Second Doc Request)(Goonan, Gregory) Modified on 6/27/2008 - sent email re signature on proof (mjj)
June 25, 2008	Filing 24 ORDER Granting #21 Motion for Extension of Time for Filing Motion to Join Other Parties; and Granting #23 Motion for Extension of Time to File Motion to Amend: IT IS HEREBY ORDERED that any motion by Plaintiff to join additional parties may be filed and heard by September 22, 2008. Signed by Magistrate Judge Ruben B. Brooks on 6/25/2008. (All non-registered users served via U.S. Mail Service).(mjj)
June 24, 2008	Filing 23 Ex Parte MOTION for Extension of Time to Amend To File Motion To Amend Pleadings and Response to Plaintiff's Ex Parte Application to Extend Deadline by ATM Express Inc. (Goonan, Gregory) Modified on 6/25/2008 to clarify text (mjj)
June 20, 2008	Filing 22 Ex Parte MOTION to Compel Ex Parte Motion to Consider Plaintiff's Motion to Compel by ATM Express Inc. (Attachments: #1 Plaintiff ATM Express, Inc.'s Memorandum of Points and Authorities, #2 Exhibit Plaintiff ATM Express, Inc.'s Exhibits A-L to Motion to Compel)(Alaverdi, Loura) Modified on 6/23/2008 to clarify text (mjj)
June 20, 2008	Filing 21 Ex Parte MOTION for Extension of Time to Amend Motion to Extend Deadline for Filing and Hearing Motion to Join Other Parties by ATM Express Inc. (Attachments: #1 Plaintiff ATM Express, Inc.'s Exhibits A-B to Ex Parte Motion to Extend Deadline for Filing Motion to Join Other Parties)(Alaverdi, Loura) Modified on 6/23/2008 - sent email re attaching memo of P's and A's (mjj)
April 29, 2008	Filing 20 Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks: Settlement Conference held on 4/29/2008, ( Settlement Conference set for 9/10/2008 10:00 AM before Magistrate Judge Ruben B. Brooks.)(Plaintiff Attorney Neal Seth, Loura Alaverdi).(Defendant Attorney Gregory Goonan).(mjj)
March 12, 2008	Filing 19 PROTECTIVE ORDER Pursuant to #19 Stipulation as Modified by the Court. Signed by Judge Ruben B. Brooks on 3/12/2008. (mjj)
March 11, 2008	Filing 18 Joint MOTION for Protective Order by ATM Express Inc. (Attachments: #1 Exhibit 1 Stipulation for Entry of Protective Order)(Goonan, Gregory) (mjj, )
January 22, 2008	Filing 17 Case Management Conference ORDER Regulating Discovery and Other Pretrial Proceedings: A case management conference was held on 1/16/08. A telephonic, attorneys-only Settlement Conference is set for 4/29/08 08:30 AM in chambers before Judge Ruben B. Brooks. Final Pretrial Conference set for 3/16/2009 11:00 AM before Judge M. James Lorenz. Proposed Pretrial Order due by 3/9/2009. Signed by Judge Ruben B. Brooks on 1/22/2008. (mjj) Modified on 1/23/2008 to correct date (mjj, )
January 22, 2008	Filing 16 Minute Order. Proceedings held before Judge Ruben B. Brooks : Case Management Conference held on 1/16/2008. A telephonic, attorneys-only Settlement Conference set for 4/29/2008 08:30 AM before Magistrate Judge Ruben B. Brooks. (Plaintiff Attorney Peter James, Loura Alaverdi (present), Neal Seth (present)).(Defendant Attorney Gregory Goonan (present)). (mjj)
January 14, 2008	Filing 15 REPORT of Rule 26(f) Planning Meeting. (Goonan, Gregory) (mjj, )
December 18, 2007	Filing 14 ORDER Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Notice of Case Management Conference: A telephonic Case Management Conference is set for 1/16/2008 at 8:00 am. Signed by Judge Ruben B. Brooks on 12/18/2007. (mjj)
December 17, 2007	Filing 13 Minute ORDER for proceedings held before Judge Ruben B. Brooks: Early Neutral Evaluation Conference held on 12/17/2007. Telephonic Case Management Conference set for 1/16/2008 08:00 AM before Magistrate Judge Ruben B. Brooks.(Plaintiff Attorney Loura Alaverdi).(Defendant Attorney Gregory Goonan). (mjj)
December 12, 2007	Filing 12 PLAINTIFF ATM EXPRESS, INC.'S ANSWER to Counterclaim by ATM Express Inc.(Alaverdi, Loura) Modified on 12/13/2007 - sent email re using all caps (mjj, )
December 3, 2007	Filing 11 Minute ORDER: The Early Neutral Evaluation set for 12/14/07 at 1:30 pm is vacated and reset for 12/17/2007 08:30 AM in chambers before Magistrate Judge Ruben B. Brooks. Signed by Judge Ruben B. Brooks on 12/3/2007. (mjj) Modified on 12/3/2007 to correct signature date (mjj, ).
November 27, 2007	Filing 10 PRO HAC VICE APPOINTED: A. Neal Seth appearing for Plaintiff ATM Express Inc (mkz)
November 27, 2007	Filing 9 PRO HAC VICE APPOINTED: Mark W. Delaquil appearing for Plaintiff ATM Express Inc (mkz)
November 19, 2007	Filing 8 ORDER Early Neutral Evaluation set for 12/14/2007 01:30 PM in Courtroom B before Magistrate Judge Ruben B. Brooks. Signed by Judge Ruben B. Brooks on 11/19/2007. (kmm) (mam).
November 19, 2007	Filing 7 COUNTERCLAIM against ATM Express Inc, filed by ATM Express Inc.(Goonan, Gregory)(joeh, ).
November 19, 2007	Filing 6 ANSWER to Complaint with Jury Demand by ATM Express Inc.(Goonan, Gregory). (jah).
November 14, 2007	Filing 5 NOTICE of Non-Compliance with Local Rule 5.4(a) Mandatory Electronic Filing re #4 Summons Returned Executed (kmm)(mam).
November 14, 2007	Filing 4 SUMMONS Returned Executed by ATM Express Inc. ATM Express Inc served on 10/29/2007, answer due 11/18/2007 (kmm)(mam). Modified service date and answer deadline on 11/21/2007 (kmm ).
July 18, 2007	Filing 3 NOTICE of Party With Financial Interest by Atm Express Inc re #1 Complaint (mjj)(mam).
July 18, 2007	Filing 2 Summons Issued. (lao)
July 18, 2007	Filing 1 COMPLAINT with Jury Demand against Atm Express Inc (Filing fee $350.00 paid; receipt number 140561.), filed by Atm Express Inc. (Attachments: #1 Trademark letter)(letter mailed)(lao)(bar).

December 16, 2009

Filing 111 ORDER of USCA as to #99 Notice of Appeal, filed by ATM Express Inc. Appellant's motion to dismiss this appeal is granted. The parties shall bear their own costs and attorneys' fees on appeal. This order served on the USDC shall act as and for the mandate of the USCA. (akr)

December 14, 2009

Filing 110 NOTICE of Withdrawal of Motion by ATM Express Inc re #97 MOTION for Attorney Fees Notice of Taking Motion for Attorneys' Fees Off Calendar (Goonan, Gregory) Modified on 12/15/2009 to clarify text (mjj)

December 3, 2009

Filing 109 ORDER Granting #107 Plaintiff's Ex Parte Motion for a 30-Day Continuance: The hearing date on Defendants Motion for Award of Attorney's Fees is hereby continued from December 14, 2009 at 10:30 a.m. to January 19, 2010 at 10:30 a.m. Signed by Judge M. James Lorenz on 12/3/2009. (All non-registered users served via U.S. Mail Service)(mjj) (jrl).

December 3, 2009

Filing 108 Notice of Document Discrepancy and Order Thereon by Judge M. James Lorenz Accepting Document: #107 Ex Parte Motion to Continue from Plaintiff ATM Express Inc. Non-compliance with local rule(s), ECF 2(g): Multiple pleadings in one docket entry not separated out as attachments, OTHER: ECF 2(g) - Supporting documents, including declarations and proofs of service, are to be filed as separate attachments to the motion. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 12/3/2009. (All non-registered users served via U.S. Mail Service)(mjj)

December 1, 2009

Filing 107 Ex Parte MOTION to Continue Plaintiff ATM Express, Inc.'s Ex Parte Application for a 30-Day Continuance of the Hearing Date for Defendant's Motion for Award of Attorneys' Fees by ATM Express Inc. (Attachments: #1 Exhibit Exhibit A to Plaintiff ATM's Ex Parte Application for 30-Day Continuance of Hearing Date)(Alaverdi, Loura) Modified on 12/2/2009 - sent email to chambers re hearing & p's & a's (mjj)

November 30, 2009

Filing 106 Notice of Document Discrepancy and Order Thereon by Judge M. James Lorenz Rejecting Document: #105 Motion for Continuance from Plaintiff ATM Express Inc. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1 or 47.1: Date noticed for hearing not in compliance with rules/documents are not timely - no hearing date obtained from chamgers, Civ. L. Rule 7.1 or 47.1: Lacking memorandum of points and authorities in support as a separate document. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 11/30/2009. (All non-registered users served via U.S. Mail Service)(mjj)

November 25, 2009

Filing 105 Document stricken from the record pursuant to #106 Order - MOTION to Continue Plaintiff ATM Express, Inc.'s Unopposed Motion for a 30-Day Continuance of the Hearing Date for Defendant's Motion for Award of Attorneys' Fees by ATM Express Inc. (Attachments: # 1 Exhibit Exhibit A to Plaintiff ATM Express, Inc.'s Unopposed Motion for Continuance of Hearing)(Alaverdi, Loura) (mjj) (Attachment(s) added on 11/30/2009 to replace stricken document) (mjj). Modified on 11/30/2009 to add striking text (mjj)

October 19, 2009

Filing 104 Costs Taxed in amount of $4,394.18 against plaintiff ATM Express Inc (All non-registered users served via U.S. Mail Service)(nsp)

October 15, 2009

Filing 103 OBJECTION by ATM Express Inc re #96 Bill of Costs; Plaintiff's Objection to Defendant's Bill of Costs. (Alaverdi, Loura) Modified on 10/16/2009 to add link (asw).

October 14, 2009

Filing 102 USCA Time Schedule Order as to #99 Notice of Appeal, filed by Plaintiff ATM Express Inc. (akr)

October 14, 2009

Filing 101 USCA Case Number 09-56638 for #99 Notice of Appeal, filed by Plaintiff ATM Express Inc. (akr)

October 14, 2009

Filing 100 Notice of Document Discrepancy and Order Thereon by Judge M. James Lorenz Accepting Document: Motion for Attorneys Fees from Defendant ATM Express Inc. Non-compliance with local rule(s), OTHER: Failure to provide courtesy copy. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. If a courtesy copy is not provided by close of business on 10/15/09, noncompliant documents will be stricken from the record. This counsel has repeatedly failed to comply with the courts orders and rules of procedure. Any further failure to fully comply with court orders and procedural rules will result in imposition of sanctions, including withdrawal of electronic filing privileges. Signed by Judge M. James Lorenz on 10/14/09. (All non-registered users served via U.S. Mail Service)(asw)

October 14, 2009

NOTICE of transmission of Plaintiff ATM Express Inc.'s Civil Appeals Docketing Statement to US Court of Appeals via U.S. mail, re #99 Notice of Appeal. (akr)

October 13, 2009

Filing 99 NOTICE OF APPEAL as to #94 Order Granting Defendant's Motion for Summary Judgment, or, in the Alternative, for Summary Adjudication, and Denying Plaintiff's Motion for Summary Judgment or, in the Alternative, for Summary Adjudication, #95 Clerk's Judgment, by Plaintiff ATM Express Inc. (Filing Fee: Paid, Receipt No. CAS006191). (Attachments: #1 Exhibit A). (Notice of Appeal electronically transmitted to US Court of Appeals). (akr)

September 29, 2009

Filing 98 NOTICE: A Bill of Costs #96 was filed by defendant ATM Express, Inc. scheduling a hearing for October 19, 2009 at 10:00 am. Any opposition or responsive pleading to the Bill of Costs is to be filed by close of business on Thursday, October 15, 2009. All parties requesting to appear telephonically for this Bill of Costs hearing are directed to join on a conference call then contact N. Prewitt (619-557-6415) at the time of the hearing. (nsp)

September 28, 2009

Filing 97 WITHDRAWN pursuant to #110 Notice of Withdrawal - MOTION for Attorney Fees by ATM Express Inc. (Attachments: #1 Memo of Points and Authorities in Support of Defendant's Motion for Attorneys' Fees, #2 Declaration of Gregory P. Goonan in Support of Defendant's Motion for Attorneys' Fees)(Goonan, Gregory) (mkz). Modified on 12/15/2009 to add withdrawal text (mjj)

September 28, 2009

Filing 96 BILL OF COSTS submitted by Counter Claimant ATM Express Inc, Defendant ATM Express Inc in the amount of $ 6816.22. Hearing set for 10/19/2009 at 10:00. (Goonan, Gregory) (mkz).

September 14, 2009

Filing 95 CLERK'S JUDGMENT IT IS SO ORDERED AND ADJUDGED that judgment is in favor of Defendant ATM Express Inc against Plaintiff ATM Express Inc: Defendants motion for summary adjudication of Plaintiffs claims is GRANTED and Plaintiffs summary judgment motion is DENIED. (All non-registered users served via U.S. Mail Service).(mjj)(kaj).

September 11, 2009

Filing 94 ORDER Granting #61 Defendant's Motion for Summary Judgment, or, in the Alternative, for Summary Adjudication; and Denying #70 Plaintiff's Motion for Summary Judgment or, in the Alternative, for Summary Adjudication: Defendants motion for summary adjudication of Plaintiffs claims is GRANTED and Plaintiffs summary judgment motion is DENIED. Signed by Judge M. James Lorenz on 9/11/2009. (All non-registered users served via U.S. Mail Service).(mjj) (kaj).

July 31, 2009

Filing 93 Minute Order. The Mandatory Settlement Conference set for 8/10/09 is vacated and reset for 9/17/2009 02:00 PM before Magistrate Judge Ruben B. Brooks. Mandatory settlement conference briefs shall be submitted to Magistrate Judge Brooks's chambers on or before September 10, 2009. Signed by Magistrate Judge Ruben B. Brooks on 7/31/09. (All non-registered users served via U.S. Mail Service).(vet)(jrl).

June 2, 2009

Filing 92 Minute ORDER: The Mandatory Settlement Conference set for 6/10/2009 at 10:00 am is vacated and reset for 8/10/2009 01:30 PM before Magistrate Judge Ruben B. Brooks. Mandatory settlement conference briefs due 8/3/2009. Signed by Magistrate Judge Ruben B. Brooks on 6/2/2009. (All non-registered users served via U.S. Mail Service).(mjj) (jrl).

April 27, 2009

Filing 91 Minute ORDER: The Mandatory Settlement Conference set for 4/30/2009 at 2:00 pm is vacated and reset for 6/10/2009 10:00 AM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 4/27/2009. (All non-registered users served via U.S. Mail Service).(mjj) (jrl).

March 24, 2009

Filing 90 OBJECTION by ATM Express Inc re #85 Pretrial Disclosures Plaintiff and Counterclaim Defendant ATM Express, Inc.'s Objections to Defendant's Pretrial Disclosures. (Alaverdi, Loura) Modified on 3/25/2009 to add link (mjj)

March 20, 2009

Filing 89 OBJECTION by ATM Express Inc re #86 Pretrial Memorandum Objections to Plaintiff's FRCP 26(a)(3) Pretrial Disclosures. (Goonan, Gregory) (mjj)

March 17, 2009

Filing 88 Minute ORDER: The Mandatory Settlement Conference set for 4/9/2009 at 2:00 PM is vacated and reset for 4/30/2009 02:00 PM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 3/17/2009. (All non-registered users served via U.S. Mail Service).(mjj)(jrl).

March 6, 2009

Filing 87 Minute ORDER: The Mandatory Settlement Conference set for 3/16/09 at 8:30 AM is vacated and reset for 4/9/2009 02:00 PM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 3/6/2009. (All non-registered users served via U.S. Mail Service).(mjj) (jrl).

March 3, 2009

Filing 86 PRETRIAL MEMORANDUM - Pretrial Disclosures by ATM Express Inc. (Alaverdi, Loura) Modified on 3/4/2009 to clarify text (mjj)

February 27, 2009

Filing 85 PRETRIAL MEMORANDUM - Pretrial Disclosures by ATM Express Inc. (Goonan, Gregory) Modified on 3/2/2009 to clarify text (mjj)

February 23, 2009

Filing 84 Minute ORDER: The Mandatory Settlement Conference set for 3/2/2009 at 1:30 pm is vacated and reset for 3/16/2009 08:30 AM before Magistrate Judge Ruben B. Brooks. Signed by Judge M. James Lorenz on 2/23/2009. (All non-registered users served via U.S. Mail Service).(mjj) (jrl).

February 23, 2009

Filing 83 ORDER Continuing Pretrial Conference: The final pretrial conference currently scheduled on this courts calendar for March 16, 2009 at 11:00 a.m. is hereby CONTINUED. The dates set in Paragraphs 7 and 8 of the January 22, 2008 Case Management Conference Order shall be reset in accordance with the new pretrial conference date. Signed by Judge M. James Lorenz on 2/23/2009. (All non-registered users served via U.S. Mail Service).(mjj) (jrl).

January 5, 2009

Filing 82 ORDER Re: Oral Argument: The Court finds the motions set for calendar on 1/12/2009 suitable for determination on the papers and without oral argument. Accordingly, no appearances are required on 1/12/2009 and the motions will be deemed submitted as of that date. Signed by Judge M. James Lorenz on 1/5/2009. (leh)

December 30, 2008

Filing 81 Notice of Document Discrepancy and Order Thereon by Judge M. James Lorenz Accepting Document: #79 Response to OSC from Defendant ATM Express Inc. Non-compliance with local rule(s), OTHER: ECF 2(e) - Failure to provide a courtesy copy. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. If a courtesy copy is not provided by noon on Tuesday, January 6, 2009, noncompliant documents will be stricken from the record. Signed by Judge M. James Lorenz on 12/29/2008. (All non-registered users served via U.S. Mail Service).(mjj)

December 23, 2008

Filing 80 REPLY to Response to Motion re #70 MOTION for Summary Judgment Plaintiff and Counterclaim Defendant ATM Express, Inc.'s Notice of Motion and Motion for Summary Judgment or, in the Alternative, Summary Adjudication Plaintiff ATM Express, Inc.'s Reply to Defendant's Opposition to Motion for Summary Judgment or, in the Alternative, Summary Adjudication filed by ATM Express Inc. (Attachments: #1 Exhibit Exhibit AA in Support of Plaintiff ATM Express, Inc.'s Reply to Defendant's Opposition to Motion for Summary Judgment or, in the Alternative, Summary Adjudication)(Alaverdi, Loura) (mjj)

December 22, 2008

Filing 79 RESPONSE TO ORDER TO SHOW CAUSE by ATM Express Inc. (Attachments: #1 Declaration of Gregory P. Goonan)(Goonan, Gregory) (mjj)

December 19, 2008

Filing 78 ORDER Denying #77 Joint Motion and Order to Show Cause Why Defendant's Combined Opposition and Reply Brief Should Not be Stricken as Untimely: Order to Show Cause Response no more than five pages in length, and an affidavit, if any, due by 12/22/2008. Plaintiffs reply to the order to show cause, if any, shall be filed and served no later than December 23, 2008 and shall be no more than five pages in length. If Plaintiff desires to protect its right to file a reply in support of its summary judgment motion in the event that Defendants brief is not stricken, it must file it no later than December 23, 2008, as provided in the December 17, 2008 order. The court is not inclined to extend any of the above due dates except upon a showing of extraordinary good cause. Signed by Judge M. James Lorenz on 12/19/2008. (All non-registered users served via U.S. Mail Service).(mjj)

December 18, 2008

Filing 77 Joint MOTION for Extension of Time to File Briefs re: Pending Summary Judgment/Summary Adjudication Motions, Joint Motion to Modify Summary Judgment Briefing Schedule by ATM Express Inc. (Goonan, Gregory) (mjj)

December 17, 2008

Filing 76 ORDER Granting #72 Ex Parte Motion for Extension of Time: No later than December 16, 2008, Defendant shall file a combined opposition to Plaintiffs summary judgment motion and reply in support of its own summary judgment motion. Defendant shall file one combined memorandum of points and authorities, which shall not exceed 30 pages in length. No later than December 23, 2008, Plaintiff shall file a reply in support of its motion. The reply memorandum of points and authorities shall not exceed 10 pages in length. Signed by Judge M. James Lorenz on 12/16/2008. (All non-registered users served via U.S. Mail Service).(mjj)

December 17, 2008

Filing 75 Notice of Document Discrepancy and Order Thereon by Judge M. James Lorenz Accepting Document: #72 Ex Parte Application for Extension of Time from Defendant ATM Express Inc. Non-compliance with local rule(s), ECF 2(g): Multiple pleadings in one docket entry not separated out as attachments. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 12/16/2008. (All non-registered users served via U.S. Mail Service).(mjj)

December 17, 2008

Filing 74 Notice of Document Discrepancy and Order Thereon by Judge M. James Lorenz Accepting Document: #71 Joint Statement of Undisputed Facts from Defendant ATM Express Inc. Non-compliance with local rule(s), ECF 2(a),(g): Docket entry does not accurately reflect the document filed - the document filed is not a motion. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 12/16/2008. (All non-registered users served via U.S. Mail Service).(mjj)

December 17, 2008

Filing 73 REPLY to Response to Motion re #61 MOTION for Summary Judgment MOTION for Summary Adjudication, #70 MOTION for Summary Judgment Plaintiff and Counterclaim Defendant ATM Express, Inc.'s Notice of Motion and Motion for Summary Judgment or, in the Alternative, Summary Adjudication filed by ATM Express Inc. (Attachments: #1 Appendix (Supplemental) of Exhibits in Support of Defendant's Summary Judgment/Summary Adjudication Motion)(Goonan, Gregory) (mjj)

December 15, 2008

Filing 72 Ex Parte MOTION for Extension of Time to File Response/Reply as to #61 MOTION for Summary Judgment MOTION for Summary Adjudication, #70 MOTION for Summary Judgment Plaintiff and Counterclaim Defendant ATM Express, Inc.'s Notice of Motion and Motion for Summary Judgment or, in the Alternative, Summary Adjudication by ATM Express Inc. (Goonan, Gregory) (mjj)

December 15, 2008

Filing 71 Joint MOTION for Summary Judgment Joint Statement of Undisputed Facts re: Cross Motions for Summary Judgment/Summary Adjudication by ATM Express Inc. (Goonan, Gregory) (mjj)

December 1, 2008

Filing 70 MOTION for Summary Judgment Plaintiff and Counterclaim Defendant ATM Express, Inc.'s Notice of Motion and Motion for Summary Judgment or, in the Alternative, Summary Adjudication by ATM Express Inc. (Attachments: #1 Memo of Points and Authorities in Support, #2 Exhibits A-K in Support, #3 Exhibits L-Z in Support)(Alaverdi, Loura) Modified on 12/3/2008 to clarify text (mjj)

November 21, 2008

Filing 69 ORDER Overruling Defendant's Objections to the Magistrate Judge's Order; Granting in Part and Denying in Part Plaintiff's Request for Additional Attorneys' Fees and Expenses; and Denying Plaintiff's Request for Contempt: The Magistrate Judges order was neither clearly erroneous nor contrary to law. Defendants objections are OVERRULED. The request for attorneys fees is DENIED in light of the generous amount already awarded. However, the request for transcript fees is GRANTED because Defendant should have attached the transcript to his objections to allow for proper review. Plaintiffs request for contempt is DENIED based on the October 16, 2008 order granting Defendants ex parte application for stay. Signed by Judge M. James Lorenz on 11/21/2008. (All non-registered users served via U.S. Mail Service).(mjj)

November 20, 2008

Filing 68 ORDER Granting #65 Defendant's Ex Parte Motion for Two Day Extension of Time to File Reply Memorandum in Support of Objection to Magistrate Judge's Order Imposing Discovery Sanctions: Replies due by 11/19/2008. Signed by Judge M. James Lorenz on 11/20/2008. (All non-registered users served via U.S. Mail Service).(mjj)

November 20, 2008

Filing 67 ORDER Denying #63 Defendant's Ex Parte Motion for Leave to File Documents Under Seal. Signed by Judge M. James Lorenz on 11/20/2008. (All non-registered users served via U.S. Mail Service).(mjj)

November 20, 2008

Filing 66 Notice of Document Discrepancy and Order Thereon by Judge M. James Lorenz Accepting Document: #61 Motion for Summary Judgment, Motion for Summary Adjudication from Defendant ATM Express Inc. Non-compliance with local rule(s), Civ. L. Rule 7.1 or 47.1: Briefs or memoranda exceed length restrictions/print too small, OTHER: ECF 2(k) - Exhibits lacking table of contents. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 11/20/2008. (All non-registered users served via U.S. Mail Service).(mjj)

November 19, 2008

Filing 65 Ex Parte MOTION for Extension of Time to File Response/Reply as to #64 Reply by ATM Express Inc. (Goonan, Gregory) (mjj)

November 19, 2008

Filing 64 REPLY in Support re #40 Objection, filed by ATM Express Inc. (Goonan, Gregory) Modified on 11/20/2008 to clarify text (mjj)

November 19, 2008

Filing 63 Ex Parte MOTION for Leave to File Confidential Documents Under Seal in Support of Summary Judgment/Summary Adjudication Motion by ATM Express Inc. (Goonan, Gregory) (mjj)

November 17, 2008

Filing 62 ORDER: Briefing Schedule: Both sides have scheduled summary judgment motions for January 12, 2009. Defendant's motion papers in support of its summary judgment motion due November 17, 2008. Plaintiff's combined motion papers in support of its own summary judgment motion and in opposition to Defendants motion due December 1, 2008., Defendant's combined opposition to Plaintiffs motion and reply in support of its own motion due December 15, 2008. Plaintiff's reply in support of its motion Due December 22, 2008. No later than December 15, 2008, the parties shall file one Joint Statement of Undisputed Facts, which shall contain undisputed facts pertaining to both motions. The parties shall not file duplicate exhibits. Signed by Judge M. James Lorenz on 11/17/2008. (All non-registered users served via U.S. Mail Service).(mjj)

November 17, 2008

Filing 61 MOTION for Summary Judgment, MOTION for Summary Adjudication by ATM Express Inc. (Attachments: #1 Memo of Points and Authorities in Support of Motion for Summary Judgment/Summary Adjudication, #2 Declaration of Gregory P. Goonan in Support of Motion for Summary Judgment/Summary Adjudication, #3 Exhibit A (Trademark Registration) in Support of Motion for Summary Judgment/Summary Adjudication, #4 Exhibit C (Trademark Application File Wrapper) in Support of Motion for Summary Judgment/Summary Adjudication, #5 Exhibit D (Office Action No. 1) in Support of Motion for Summary Judgment/Summary Adjudication, #6 Exhibit E (Defendant's Articles) in Support of Motion for Summary Judgment/Summary Adjudication, #7 Exhibit F (Ambuehl Depo Excerpts) in Support of Motion for Summary Judgment/Summary Adjudication, #8 Exhibit G (NY ATM Express Docs) in Support of Motion for Summary Judgment/Summary Adjudication, #9 Exhibit H PT. 1 (Other ATM Express Users) in Support of Motion for Summary Judgment/Summary Adjudication, #10 Exhibit H PT. 2 (Other ATM Express Users) in Support of Motion for Summary Judgment/Summary Adjudication, #11 Exhibit I (Trademark Application Amendment)in Support of Motion for Summary Judgment/Summary Adjudication, #12 Exhibit J (Cheika Depo Excerpts) in Support of Motion for Summary Judgment/Summary Adjudication, #13 Exhibit N (Buckley Depo Excerpts) in Support of Motion for Summary Judgment/Summary Adjudication)(Goonan, Gregory) Modified on 11/18/2008 - sent DO to chamber re exhibit table of contents (mjj)

November 13, 2008

Filing 60 ORDER Granting #49 Defendant's Ex Parte Motion for Leave to File a Reply: No later than November 17, 2008 Defendant shall file a reply memorandum, if any, no more than five pages in length. Defendant is granted leave to address only the three issues listed in the ex parte application and no others. Signed by Judge M. James Lorenz on 11/13/2008. (All non-registered users served via U.S. Mail Service).(mjj)

October 16, 2008

Filing 59 ORDER Granting #45 Defendant's Ex Party Motion for a Stay Pending Ruling on Objection to Magistrate Judge's Discovery Order Imposing Monetary Sanctions: The sanctions portion of the August 18 Order shall be, and hereby is, stayed pending this courts decision on Defendants Objection. To the extent Defendant remains obligated to pay any sanctions pursuant to the August 18 Order after the Court issues its decision on Defendants Objection, Defendant shall pay such sanctions within five (5) court days of the date that the courts order and decision on Defendants Objection is entered. Signed by Judge M. James Lorenz on 10/16/2008. (All non-registered users served via U.S. Mail Service).(mjj)

October 16, 2008

Filing 58 ORDER Granting #57 Joint Motion to Extend Deadline for Filing Pre-Trial Motions: The due date for filing pre-trial motions is continued to November 17, 2008. Signed by Magistrate Judge Ruben B. Brooks on 10/16/2008. (All non-registered users served via U.S. Mail Service).(mjj)

October 14, 2008

Filing 57 Joint MOTION to Continue Deadline for Filing Pre-Trial Motions by ATM Express Inc. (Alaverdi, Loura) (mjj)

October 3, 2008

Filing 56 ORDER Granting #55 Further Joint Motion to Extend Defendant's Expert Designation Date, Supplemental Expert Designation Date, and Discovery Cut-Off Date: The last day for Defendants expert designations and reports is continued to October 27, 2008. The last day for supplemental expert designations and reports is continued to November 7, 2008. The last day to complete all discovery is continued to November 10, 2008. All other dates set by the Courts July 14, 2008 Scheduling Order shall remain unchanged. Signed by Magistrate Judge Ruben B. Brooks on 10/3/2008. (All non-registered users served via U.S. Mail Service).(mjj)

October 2, 2008

Filing 55 Joint MOTION to Continue Further Joint Motion to Extend Defendant's Expert Designation Date, Supplemental Expert Designation Date, and Discovery Cut-Off Date by ATM Express Inc. (Alaverdi, Loura) Modified on 10/3/2008 to clarify text (mjj)

September 30, 2008

Filing 54 ORDER Granting #53 Joint Motion to Extend Defendant's Expert Designation Date and Supplemental Expert Designation Date: The last day for service of Defendants expert designation and reports is continued to October 13, 2008. The last day for service of any supplemental expert designations and reports is continued to October 24, 2008. All other dates set by the Courts July 14, 2008 Scheduling Order shall remain unchanged. Signed by Magistrate Judge Ruben B. Brooks on 9/30/2008. (All non-registered users served via U.S. Mail Service).(mjj)

September 26, 2008

Filing 53 Joint MOTION to Continue Defendant's Expert Designation Date and Supplemental Expert Designation Date by ATM Express Inc. (Goonan, Gregory) (mjj)

September 23, 2008

Filing 52 ORDER Granting #46 Defendant's Ex Parte Motion for Order Extending Due date for Sanctions Payment Pursuant to 8/18/08 Order. Signed by Magistrate Judge Ruben B. Brooks on 9/22/2008. (All non-registered users served via U.S. Mail Service).(mjj)

September 19, 2008

Filing 51 RESPONSE in Opposition re #49 Ex Parte MOTION for Leave to File Reply Memorandum in Support of Objection to Magistrate Judge Order Plaintiff ATM Express, Inc.'s Opposition to Defendant's Ex Parte Application Requesting Permission to File a Reply Memorandum in Support of Objection to Magistrate Judge's Discovery Order Imposing Monetary Sanctions filed by ATM Express Inc. (Attachments: #1 Exhibit Exhibits A-B to Plaintiff ATM Express, Inc.'s Opposition to Defendant's Ex Parte Application Requesting Permission to File a Reply Memorandum in Support of Objection to Magistrate Judge's Discovery Order Imposing Monetary Sanctions)(Alaverdi, Loura) (mjj)

September 19, 2008

Filing 50 REPLY to Response to Motion re #46 Ex Parte MOTION for Extension of Time to File Pay Sanctions Award, #45 Ex Parte MOTION to Stay re #39 Terminate Motions, Motion Hearing,,,, Sanctions Payment Pending Ruling on Objection to August 18, 2008 Order filed by ATM Express Inc. (Goonan, Gregory) (mjj)

September 18, 2008

Filing 49 Ex Parte MOTION for Leave to File Reply Memorandum in Support of Objection to Magistrate Judge Order by ATM Express Inc. (Goonan, Gregory) (mjj)

September 17, 2008

Filing 48 RESPONSE in Opposition re #46 Ex Parte MOTION for Extension of Time to File Pay Sanctions Award, #45 Ex Parte MOTION to Stay re #39 Terminate Motions, Motion Hearing,,,, Sanctions Payment Pending Ruling on Objection to August 18, 2008 Order Plaintiff ATM Express, Inc.'s Opposition to Defendant's Ex Parte Applications for (1) An Order Extending Due Date for Sanctions Payment and (2) A Stay Pending Ruling on Objection to Order Imposing Monetary Sanctions filed by ATM Express Inc. (Attachments: #1 Declaration Declaration of Loura L. Alaverdi in Support of Plaintiff's Opposition to Defendant's Ex Parte Applications for (1) An Order Extending Due Date for Sanctions Payment and (2) A Stay Pending Ruling on Objection to Order Imposing Monetary Sanctions, #2 Exhibit Exhibit A to Declaration of Loura L. Alaverdi in Support of Plaintiff's Opposition to Defendant's Ex Parte Applications for (1) An Order Extending Due Date for Sanctions Payment and (2) A Stay Pending Ruling on Objection to Order Imposing Monetary Sanction)(Alaverdi, Loura) Modified on 9/18/2008 - sent email re declaration not signed (mjj)

September 16, 2008

Filing 47 REPLY re #40 Objection,,, Plaintiff ATM Express, Inc.'s Response to Defendant's Objection to Magistrate Judge's Discovery Order Imposing Monetary Sanctions filed by ATM Express Inc. (Attachments: #1 Declaration of Loura L. Alaverdi in Support of Plaintiff''s Response to Defendant's Objection to Magistrate Judge's Discovery Order Imposing Monetary Sanctions, #2 Exhibits A-F to Alaverdi Declaration in Support of Plaintiff's Response to Defendant's Objection to Order Imposing Monetary Sanctions)(Alaverdi, Loura) Modified on 9/17/2008 to clarify text. Decl not signed. Sent DO to chambers (mjj) Modified on 9/18/2008 sent email per chambers (mjj)

September 15, 2008

Filing 46 Ex Parte MOTION for Extension of Time to File Pay Sanctions Award by ATM Express Inc. (Goonan, Gregory) (mjj)

September 15, 2008

Filing 45 Ex Parte MOTION to Stay re #39 Terminate Motions, Motion Hearing,,,, Sanctions Payment Pending Ruling on Objection to August 18, 2008 Order by ATM Express Inc. (Goonan, Gregory) (mjj)

September 11, 2008

Filing 44 Transcript of Motion Hearing held on 8/18/2008, before Magistrate Judge Ruben B. Brooks. Court Reporter/Transcriber: Echo Reporting. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/29/2008. Redacted Transcript Deadline set for 10/9/2008. Release of Transcript Restriction set for 12/8/2008. (akr)

September 10, 2008

Filing 43 Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks:Settlement Conference held on 9/10/2008. A Mandatory Settlement Conference will be held on 3/2/2009 at 1:30 PM before Magistrate Judge Ruben B. Brooks. Mandatory settlement conference briefs shall be submitted to Magistrate Judge Brooks chambers on or before February 25, 2009. (Plaintiff Attorney Neal Seth & Loura Alaverdi).(Defendant Attorney Gregory Goonan). (pdc) (av1).

September 4, 2008

Filing 42 SCHEDULING ORDER Re Defendant's Rule 72(a) Objections: Plaintiff's memorandum of points and authorities in opposition to Defendants objection, which shall be no more than fifteen pages in length, and supporting evidence, if any, shall be filed no later than September 16, 2008. Upon filing the foregoing, the parties shall await further order of the court. Signed by Judge M. James Lorenz on 9/3/2008. (All non-registered users served via U.S. Mail Service).(mjj)

September 4, 2008

Filing 41 Notice of Document Discrepancy and Order Thereon by Judge M. James Lorenz Accepting Document: #40 Objection to Magistrate Judge Sanctions Order from Defendant ATM Express Inc. Non-compliance with local rule(s), OTHER: Failure to provide courtesy copy. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. If a courtesy copy is not provided by noon on FRIDAY, SEPTEMBER 5, 2008, non-compliant documents will be stricken from the record. Signed by Judge M. James Lorenz on 9/3/2008. (All non-registered users served via U.S. Mail Service).(mjj)

September 2, 2008

Filing 40 OBJECTION by ATM Express Inc re #39 Terminate Motions, Motion Hearing,,,, to Magistrate Judge Sanctions Order. (Attachments: #1 Exhibit 1 August 18 08 Order, #2 Exhibit 2 Plt 1st Set Interrogatories, #3 Exhibit 3 Plt 1st Document Request, #4 Exhibit 4 Plt 2nd Document Request, #5 Exhibit 5 Def Interrogatory Responses, #6 Exhibit 6 Def Responses 1st Document Request, #7 Exhibit 7 Def Responses 2nd Document Request, #8 Exhibit 8 Jun 9 08 Letter, #9 Exhibit 9 Plt Moving Brief Mtn Compel, #10 Exhibit 10 Def Opposition Motion Compel, #11 Exhibit 11 Plt Reply Motion Compel, #12 Exhibit 12 Goonan Dec Opposition Motion Compel, #13 Exhibit 13 Plt Notice Motion Compel, #14 Exhibit 14 Plt Sanctions Declarations, #15 Exhibit 15 Def Objections Motion Strike, #16 Exhibit 16 Fidelity Sanctions Declaration, #17 Exhibit 17 Fidelity Sanctions Reply)(Goonan, Gregory) Modified on 9/3/2008 - sent email re exhibits (mjj) Modified on 9/18/2008 to remove accidental modification (mjj)

August 18, 2008

Filing 39 Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks:A hearing was held on Plaintiff ATM Express, Inc.s Motion to Compel theProduction of Documents and Things #28 . Motion to Compel is granted. Defendant shall produce all documents that have not yet been produced by 8/22/08. Defendant shall pay sanctions of $5,236.15 to Plaintiff by 9/15/08. (Tape #1: 10:02:44-11:03:54 and 11:17:02-11:19:50). (Plaintiff Attorney Neal Seth, Loura Alaverdi (present)).(Defendant Attorney Gregory Goonan (present)). (All non-registered users served via U.S. Mail Service)(asw) Modified on 8/19/2008 to note mail service (asw). (kaj).

August 18, 2008

Filing 38 OBJECTIONS filed as RESPONSE in Opposition re #28 MOTION to Compel Production of Document Requests Objections to Alaverdi and Seth Declarations and Motion to Strike filed by ATM Express Inc. (Goonan, Gregory) Modified text on 8/19/2008 to reflect document type (lao). Contacted Attny re filing Motion to Strike as separate entry

August 15, 2008

Filing 37 RESPONSE in Support re #28 MOTION to Compel Production of Document Requests Declaration of Loura L. Alaverdi in Support of Plaintiff ATM Express, Inc.'s Request for Sanctions in Connection with motion to Compel Defendant to Produce Documents filed by ATM Express Inc. (Attachments: #1 Exhibit Exhibits A-B to Declaration of Loura L. Alaverdi in Support of Plaintiff's Request for Sanctions Re Motion to Compel)(Alaverdi, Loura) (mjj) Modified on 8/18/2008 to remove all caps. Sent email (mjj)

August 14, 2008

Filing 36 ORDER re #28 MOTION to Compel Production of Document Requests : Plaintiff has filed a Motion to Compel which includes a request for sanctions. Plaintiff shall file a declaration no later thatn 12:00 pm on 8/15/08 detailing its request for sanctions and the fees incurred in bringing the Motion to Compel. Motion Hearing set for 8/18/2008 10:00 AM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 8/14/2008. (All non-registered users served via U.S. Mail Service).(mjj)

August 13, 2008

Filing 35 RESPONSE in Further Support of Opposition re #28 MOTION to Compel Production of Document Requests Declaration of Gregory P. Goonan filed by ATM Express Inc. (Goonan, Gregory) Modified on 8/15/2008 to clarify text (mjj)

August 6, 2008

Filing 34 RESPONSE in Support re #28 MOTION to Compel Production of Document Requests PLAINTIFF ATM EXPRESS, INC.'S REPLY IN SUPPORT OF MOTION TO COMPEL THE PRODUCTION OF DOCUMENTS AND THINGS filed by ATM Express Inc. (Alaverdi, Loura) (mjj)

August 4, 2008

Filing 33 RESPONSE in Opposition re #28 MOTION to Compel Production of Document Requests filed by ATM Express Inc. (Goonan, Gregory) (mjj)

July 18, 2008

Filing 32 PRO HAC VICE APPOINTED: Mark H Tidman appearing for Plaintiff ATM Express Inc. (All non-registered users served via U.S. Mail Service).(leh)

July 14, 2008

Filing 31 ORDER granting in part and denying in part #29 Ex Parte Motion for Extension of Time to Disclose Expert Witnesses and Reports and Propounding Written Discovery: The July 21, 2008, deadline for disclosing Plaintiffs expert witnesses and reports is extended to September 8, 2008. The deadline for disclosing Defendants expert witnesses and reports is September 29, 2008; each party may supplement its designation no later than October 10, 2008. The discovery cut-off date is extended to October 20, 2008. All discovery must be completed by that date. All other scheduling dates remain as previously set. Signed by Magistrate Judge Ruben B. Brooks on 7/14/2008. (All non-registered users served via U.S. Mail Service).(mjj)

July 11, 2008

Filing 30 RESPONSE to Motion re #29 Ex Parte MOTION for Extension of Time to Complete Discovery Plaintiff ATM Express, Inc.'s Ex Parte Motion to Extend Deadline for Disclosing Expert Witnesses and Reports and Propounding Written Discovery filed by ATM Express Inc. (Goonan, Gregory) (mjj)

July 9, 2008

Filing 29 Ex Parte MOTION for Extension of Time to Complete Discovery Plaintiff ATM Express, Inc.'s Ex Parte Motion to Extend Deadline for Disclosing Expert Witnesses and Reports and Propounding Written Discovery by ATM Express Inc. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Declaration of Loura Alaverdi, #3 Exhibit Exhibits A-B)(Alaverdi, Loura) (mjj)

July 2, 2008

Filing 28 MOTION to Compel Production of Document Requests by ATM Express Inc. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit)(Alaverdi, Loura) (mjj)

June 30, 2008

Filing 27 ORDER granting in part and denying in part #22 Plaintiff ATM Express, Inc.'s Ex Parte Motion to Consider Plaintiff's motion to compel. Signed by Magistrate Judge Ruben B. Brooks on 06/30/08. (All non-registered users served via U.S. Mail Service).(jpp)

June 27, 2008

Filing 26 REPLY to Response to Motion re #22 Ex Parte MOTION to Compel Ex Parte Motion to Consider Plaintiff's Motion to Compel Plaintiff's Reply to Defendant's Opposition to Plaintiff's Ex Parte Motion to Consider Plaintiff's Motion to Compel filed by ATM Express Inc. (Alaverdi, Loura) (mjj)

June 26, 2008

Filing 25 RESPONSE in Opposition re #22 Ex Parte MOTION to Compel Ex Parte Motion to Consider Plaintiff's Motion to Compel filed by ATM Express Inc. (Attachments: #1 Exhibit A Def. Responses First Set Interrogatories, #2 Exhibit B Def. Responses First Doc Request, #3 Exhibit C Def. Responses Second Doc Request)(Goonan, Gregory) Modified on 6/27/2008 - sent email re signature on proof (mjj)

June 25, 2008

Filing 24 ORDER Granting #21 Motion for Extension of Time for Filing Motion to Join Other Parties; and Granting #23 Motion for Extension of Time to File Motion to Amend: IT IS HEREBY ORDERED that any motion by Plaintiff to join additional parties may be filed and heard by September 22, 2008. Signed by Magistrate Judge Ruben B. Brooks on 6/25/2008. (All non-registered users served via U.S. Mail Service).(mjj)

June 24, 2008

Filing 23 Ex Parte MOTION for Extension of Time to Amend To File Motion To Amend Pleadings and Response to Plaintiff's Ex Parte Application to Extend Deadline by ATM Express Inc. (Goonan, Gregory) Modified on 6/25/2008 to clarify text (mjj)

June 20, 2008

Filing 22 Ex Parte MOTION to Compel Ex Parte Motion to Consider Plaintiff's Motion to Compel by ATM Express Inc. (Attachments: #1 Plaintiff ATM Express, Inc.'s Memorandum of Points and Authorities, #2 Exhibit Plaintiff ATM Express, Inc.'s Exhibits A-L to Motion to Compel)(Alaverdi, Loura) Modified on 6/23/2008 to clarify text (mjj)

June 20, 2008

Filing 21 Ex Parte MOTION for Extension of Time to Amend Motion to Extend Deadline for Filing and Hearing Motion to Join Other Parties by ATM Express Inc. (Attachments: #1 Plaintiff ATM Express, Inc.'s Exhibits A-B to Ex Parte Motion to Extend Deadline for Filing Motion to Join Other Parties)(Alaverdi, Loura) Modified on 6/23/2008 - sent email re attaching memo of P's and A's (mjj)

April 29, 2008

Filing 20 Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks: Settlement Conference held on 4/29/2008, ( Settlement Conference set for 9/10/2008 10:00 AM before Magistrate Judge Ruben B. Brooks.)(Plaintiff Attorney Neal Seth, Loura Alaverdi).(Defendant Attorney Gregory Goonan).(mjj)

March 12, 2008

Filing 19 PROTECTIVE ORDER Pursuant to #19 Stipulation as Modified by the Court. Signed by Judge Ruben B. Brooks on 3/12/2008. (mjj)

March 11, 2008

Filing 18 Joint MOTION for Protective Order by ATM Express Inc. (Attachments: #1 Exhibit 1 Stipulation for Entry of Protective Order)(Goonan, Gregory) (mjj, )

January 22, 2008

Filing 17 Case Management Conference ORDER Regulating Discovery and Other Pretrial Proceedings: A case management conference was held on 1/16/08. A telephonic, attorneys-only Settlement Conference is set for 4/29/08 08:30 AM in chambers before Judge Ruben B. Brooks. Final Pretrial Conference set for 3/16/2009 11:00 AM before Judge M. James Lorenz. Proposed Pretrial Order due by 3/9/2009. Signed by Judge Ruben B. Brooks on 1/22/2008. (mjj) Modified on 1/23/2008 to correct date (mjj, )

January 22, 2008

Filing 16 Minute Order. Proceedings held before Judge Ruben B. Brooks : Case Management Conference held on 1/16/2008. A telephonic, attorneys-only Settlement Conference set for 4/29/2008 08:30 AM before Magistrate Judge Ruben B. Brooks. (Plaintiff Attorney Peter James, Loura Alaverdi (present), Neal Seth (present)).(Defendant Attorney Gregory Goonan (present)). (mjj)

January 14, 2008

Filing 15 REPORT of Rule 26(f) Planning Meeting. (Goonan, Gregory) (mjj, )

December 18, 2007

Filing 14 ORDER Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Notice of Case Management Conference: A telephonic Case Management Conference is set for 1/16/2008 at 8:00 am. Signed by Judge Ruben B. Brooks on 12/18/2007. (mjj)

December 17, 2007

Filing 13 Minute ORDER for proceedings held before Judge Ruben B. Brooks: Early Neutral Evaluation Conference held on 12/17/2007. Telephonic Case Management Conference set for 1/16/2008 08:00 AM before Magistrate Judge Ruben B. Brooks.(Plaintiff Attorney Loura Alaverdi).(Defendant Attorney Gregory Goonan). (mjj)

December 12, 2007

Filing 12 PLAINTIFF ATM EXPRESS, INC.'S ANSWER to Counterclaim by ATM Express Inc.(Alaverdi, Loura) Modified on 12/13/2007 - sent email re using all caps (mjj, )

December 3, 2007

Filing 11 Minute ORDER: The Early Neutral Evaluation set for 12/14/07 at 1:30 pm is vacated and reset for 12/17/2007 08:30 AM in chambers before Magistrate Judge Ruben B. Brooks. Signed by Judge Ruben B. Brooks on 12/3/2007. (mjj) Modified on 12/3/2007 to correct signature date (mjj, ).

November 27, 2007

Filing 10 PRO HAC VICE APPOINTED: A. Neal Seth appearing for Plaintiff ATM Express Inc (mkz)

November 27, 2007

Filing 9 PRO HAC VICE APPOINTED: Mark W. Delaquil appearing for Plaintiff ATM Express Inc (mkz)

November 19, 2007

Filing 8 ORDER Early Neutral Evaluation set for 12/14/2007 01:30 PM in Courtroom B before Magistrate Judge Ruben B. Brooks. Signed by Judge Ruben B. Brooks on 11/19/2007. (kmm) (mam).

November 19, 2007

Filing 7 COUNTERCLAIM against ATM Express Inc, filed by ATM Express Inc.(Goonan, Gregory)(joeh, ).

November 19, 2007

Filing 6 ANSWER to Complaint with Jury Demand by ATM Express Inc.(Goonan, Gregory). (jah).

November 14, 2007

Filing 5 NOTICE of Non-Compliance with Local Rule 5.4(a) Mandatory Electronic Filing re #4 Summons Returned Executed (kmm)(mam).

November 14, 2007

Filing 4 SUMMONS Returned Executed by ATM Express Inc. ATM Express Inc served on 10/29/2007, answer due 11/18/2007 (kmm)(mam). Modified service date and answer deadline on 11/21/2007 (kmm ).

July 18, 2007

Filing 3 NOTICE of Party With Financial Interest by Atm Express Inc re #1 Complaint (mjj)(mam).

July 18, 2007

Filing 2 Summons Issued. (lao)

July 18, 2007

Filing 1 COMPLAINT with Jury Demand against Atm Express Inc (Filing fee $350.00 paid; receipt number 140561.), filed by Atm Express Inc. (Attachments: #1 Trademark letter)(letter mailed)(lao)(bar).

Search for this case: ATM Express Inc v. ATM Express Inc
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Plaintiff: ATM Express Inc
Represented By:	Peter W James
Represented By:	Mark W. Delaquil
Represented By:	Loura Alaverdi
Represented By:	A. Neal Seth
Represented By:	Mark H Tidman
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