ATM Express Inc v. ATM Express Inc
ATM Express Inc |
3:2007cv01293 |
July 18, 2007 |
US District Court for the Southern District of California |
San Diego Office |
San Diego |
Ruben B Brooks |
M James Lorenz |
Trademark |
15 U.S.C. § 1051 |
Both |
Docket Report
This docket was last retrieved on December 16, 2009. A more recent docket listing may be available from PACER.
Document Text |
---|
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) |
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) |
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). |
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) |
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) |
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) |
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) |
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) |
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). |
Filing 102 USCA Time Schedule Order as to #99 Notice of Appeal, filed by Plaintiff ATM Express Inc. (akr) |
Filing 101 USCA Case Number 09-56638 for #99 Notice of Appeal, filed by Plaintiff ATM Express Inc. (akr) |
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) |
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) |
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) |
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) |
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) |
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). |
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). |
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). |
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). |
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). |
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). |
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) |
Filing 89 OBJECTION by ATM Express Inc re #86 Pretrial Memorandum Objections to Plaintiff's FRCP 26(a)(3) Pretrial Disclosures. (Goonan, Gregory) (mjj) |
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). |
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). |
Filing 86 PRETRIAL MEMORANDUM - Pretrial Disclosures by ATM Express Inc. (Alaverdi, Loura) Modified on 3/4/2009 to clarify text (mjj) |
Filing 85 PRETRIAL MEMORANDUM - Pretrial Disclosures by ATM Express Inc. (Goonan, Gregory) Modified on 3/2/2009 to clarify text (mjj) |
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). |
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). |
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) |
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) |
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) |
Filing 79 RESPONSE TO ORDER TO SHOW CAUSE by ATM Express Inc. (Attachments: #1 Declaration of Gregory P. Goonan)(Goonan, Gregory) (mjj) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
Filing 65 Ex Parte MOTION for Extension of Time to File Response/Reply as to #64 Reply by ATM Express Inc. (Goonan, Gregory) (mjj) |
Filing 64 REPLY in Support re #40 Objection, filed by ATM Express Inc. (Goonan, Gregory) Modified on 11/20/2008 to clarify text (mjj) |
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) |
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) |
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) |
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) |
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) |
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) |
Filing 57 Joint MOTION to Continue Deadline for Filing Pre-Trial Motions by ATM Express Inc. (Alaverdi, Loura) (mjj) |
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) |
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) |
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) |
Filing 53 Joint MOTION to Continue Defendant's Expert Designation Date and Supplemental Expert Designation Date by ATM Express Inc. (Goonan, Gregory) (mjj) |
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) |
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) |
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) |
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) |
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) |
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) |
Filing 46 Ex Parte MOTION for Extension of Time to File Pay Sanctions Award by ATM Express Inc. (Goonan, Gregory) (mjj) |
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) |
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) |
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). |
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) |
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) |
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) |
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). |
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 |
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) |
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) |
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) |
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) |
Filing 33 RESPONSE in Opposition re #28 MOTION to Compel Production of Document Requests filed by ATM Express Inc. (Goonan, Gregory) (mjj) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
Filing 19 PROTECTIVE ORDER Pursuant to #19 Stipulation as Modified by the Court. Signed by Judge Ruben B. Brooks on 3/12/2008. (mjj) |
Filing 18 Joint MOTION for Protective Order by ATM Express Inc. (Attachments: #1 Exhibit 1 Stipulation for Entry of Protective Order)(Goonan, Gregory) (mjj, ) |
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, ) |
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) |
Filing 15 REPORT of Rule 26(f) Planning Meeting. (Goonan, Gregory) (mjj, ) |
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) |
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) |
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, ) |
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, ). |
Filing 10 PRO HAC VICE APPOINTED: A. Neal Seth appearing for Plaintiff ATM Express Inc (mkz) |
Filing 9 PRO HAC VICE APPOINTED: Mark W. Delaquil appearing for Plaintiff ATM Express Inc (mkz) |
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). |
Filing 7 COUNTERCLAIM against ATM Express Inc, filed by ATM Express Inc.(Goonan, Gregory)(joeh, ). |
Filing 6 ANSWER to Complaint with Jury Demand by ATM Express Inc.(Goonan, Gregory). (jah). |
Filing 5 NOTICE of Non-Compliance with Local Rule 5.4(a) Mandatory Electronic Filing re #4 Summons Returned Executed (kmm)(mam). |
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 ). |
Filing 3 NOTICE of Party With Financial Interest by Atm Express Inc re #1 Complaint (mjj)(mam). |
Filing 2 Summons Issued. (lao) |
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). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Search for this case: ATM Express Inc v. ATM Express Inc | |
---|---|
Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
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 |
Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.