Federal Trade Commission v. Your Baby Can, LLC et al
Plaintiff: Federal Trade Commission
Defendant: Your Baby Can, LLC, Hugh Penton, Jr., Robert Titzer, Ph.D and Infant Learning, Inc. d/b/a The Infant Learning Company
Case Number: 3:2012cv02114
Filed: August 27, 2012
Court: US District Court for the Southern District of California
Office: San Diego Office
County: XX US, Outside State
Presiding Judge: Dana M Sabraw
Referring Judge: Bernard G Skomal
Nature of Suit: Commerce ICC Rates, Etc.
Cause of Action: 15 U.S.C. § 0045
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 19, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 19, 2014 Opinion or Order Filing 84 STIPULATED FINAL JUDGMENT AND ORDER for Permanent Injunction and other equitable relief as to Defendants Robert Titzer, Ph.D. and Infant Learning, Inc. Judgment is hereby entered in favor of the Commission and against Defendant Titzer in the amount of one hundred eighty-five million dollars ($185,000,000), which represents the gross sales of the Your Baby Can Read! product through January 2012; provided however, subject to Section VI of this Order, the judgment shall be suspended upon payment to the FTC or its designated agent of three hundred thousand dollars ($300,000) by Defendants Titzer and ILC pursuant to Section V.C of this Order. Judgment is hereby entered in favor of the Commission and against Defendants ILC and Titzer, jointly and severally, in the amount of one million four hundred thousand dollars ($1,400,000), which represents ILC's gross sales of the Your Baby Can Read! product since 2012; provided however, subject to Section VI of this Order, the judgment shall be suspended upon payment to the FTC or its designated agent of $300,000 by Defendants Titzer and ILC pursuant to Section V.C of this Order. Signed by Judge Dana M. Sabraw on 8/19/2014.(aef)
August 19, 2014 Opinion or Order Filing 83 Minute Order by Judge Dana M. Sabraw: Vacating Status Conference set for 8/22/2014. (no document attached) (jak)
August 18, 2014 Filing 82 Joint MOTION to Approve Consent Judgment by Federal Trade Commission. (Attachments: #1 Exhibit Stipulated Final Judgment and Order)(Rosso, Rosemary) Modified on 8/18/2014-QC mailer sent re proposed orders should not be attached (aef).
June 23, 2014 Opinion or Order Filing 81 ORDER Vacating Dates. The Court is in receipt of the parties' Notice of Proposed Settlement. In light of that Notice, the pretrial conference and trial dates and corresponding deadlines are hereby vacated. The parties shall file their final proposed consent order on or before August 19, 2014. If the consent order is not filed by that date, the Court shall hold a telephonic status conference with counsel on August 22, 2014, at 1:30 p.m. Signed by Judge Dana M. Sabraw on 6/23/2014.(aef)
June 20, 2014 Filing 80 NOTICE by Federal Trade Commission of Proposed Settlement (Rosso, Rosemary) (aef).
June 18, 2014 Filing 79 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Status Conference held on 6/18/2014.(Plaintiff Attorney Rosemary Rosso and David Koehler). (Defendant Attorney Matt Becker). (no document attached) (mw)
June 5, 2014 Filing 78 Minute Order for proceedings held before Magistrate Judge Bernard G. Skomal:Status Conference held on 6/5/2014. A further telephonic Status Conference is set for 6/18/2014 at 10:00 AM before Magistrate Judge Bernard G. Skomal. Plaintiff's attorney shall initiate a joint call with opposing counsel to the Court on the day and at the time indicated above. (Plaintiff Attorney Rosemary Rosso and David Koehler).(Defendant Attorney Matt Becker). (no document attached) (mw)
May 23, 2014 Filing 77 Minute Order for proceedings held before Magistrate Judge Bernard G. Skomal:Telephonic Status Conference held on 5/23/2014. The Court will hold a further TELEPHONIC Status Conference for attorneys-only on June 5, 2014 at 10:00 a.m. Plaintiff's attorney shall initiate a joint call with opposing counsel to the Court on the day and at the time indicated above. (Plaintiff Attorney Rosemary Rosso and David Koehler).(Defendant Attorney Matthew Butler). (no document attached) (mw)
May 7, 2014 Opinion or Order Filing 76 ORDER Following Telephonic Status Conference. The Court finds good cause to extend the existing deadlines in this case. The new deadlines shall be as follows: The Court held a telephonic Status Conference with counsel on 5/7/2014. The Proposed Final Pretrial Order is due by 7/3/2014. The Final Pretrial Conference is set for 7/11/2014 at 10:30 AM before Judge Dana M. Sabraw. The Jury Trial is set for 8/11/2014 at 09:00 AM before Judge Dana M. Sabraw. The telephonic, attorneys-only, Status Conference is set for 5/23/2014 at 09:30 AM before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 5/7/2014.(aef)
May 7, 2014 Filing 75 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Status Conference held on 5/7/2014. Court to issue order for further telephonic status conference and amended pretrial deadlines.(Plaintiff Attorney Rosemary Rosso and David Koehler). (Defendant Attorney Matt Becker). (no document attached) (mw)
April 23, 2014 Opinion or Order Filing 74 ORDER Following Mandatory Settlement Conference. The parties attended a Mandatory Settlement Conference on 4/23/2014. A telephonic, attorneys-only, Status Conference is set for 5/7/2014 at 09:30 AM before Magistrate Judge Bernard G. Skomal. The Proposed Final Pretrial Order is due by 5/30/2014. The Final Pretrial Conference is set for 6/6/2014 at 10:30 AM before Judge Dana M. Sabraw. The Bench Trial is set for 7/8/2014 at 09:00 AM before Judge Dana M. Sabraw. Signed by Magistrate Judge Bernard G. Skomal on 4/23/2014.(aef)(Modified on 4/24/2014-to change jury trial to bench trial per chambers; NEF regenerated.)(aef)(jrd)
April 23, 2014 Filing 73 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Mandatory Settlement Conference held on 4/23/2014. Case settled except for one issue. Court to issue order re: scheduling.(Plaintiff Attorneys Rosemary Rosso and David Koehler). (Defendant Attorneys Matt Becker and Karen Hawkes). (no document attached) (mw)
April 4, 2014 Filing 72 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Infant Learning, Inc. d/b/a The Infant Learning Company, Robert Titzer, Ph.D. (Attachments: #1 Exhibit Defendants' Exhibit List)(Becker, Matthew) (aef).
April 4, 2014 Filing 71 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Federal Trade Commission. (Attachments: #1 Exhibit Plaintiff's Exhibit List, #2 Exhibit Plaintiff's Witness List)(Rosso, Rosemary) (aef).
March 18, 2014 Opinion or Order Filing 70 ORDER (1) granting #54 Plaintiff's Motion to Exclude Expert Testimony of Arthur Hernandez, Danielle Jelks and Deborah McDonough and (2) denying #60 Defendants' Motion to Exclude Expert Testimony of David K. Dickinson, Ed.D. Signed by Judge Dana M. Sabraw on 3/18/2014. (aef)
February 19, 2014 Opinion or Order Filing 69 ORDER Re: Oral Argument. (Re: Doc. #54 , #60 ) The parties' motion to exclude expert testimony are currently scheduled for hearing on February 28, 2014. The Court has reviewed the parties' briefs, and finds these matters suitable for decision without oral argument pursuant to Civil Local Rule 7.1(d)(1). Accordingly, the February 28, 2014 hearing is vacated. Signed by Judge Dana M. Sabraw on 2/19/2014.(aef)
February 7, 2014 Filing 68 REPLY to Response to Motion re #60 MOTION to Exclude Expert Testimony of David K. Dickinson, Ed.D Defendants' Reply in Response to Plaintiff's Opposition filed by Infant Learning, Inc. d/b/a The Infant Learning Company, Robert Titzer, Ph.D. (Hawkes, Karen) (aef).
February 7, 2014 Filing 67 REPLY to Response to Motion re #54 MOTION to Exclude Expert Testimony of Arthur Hernandez, Danielle Jelks, and Deborah McDonough filed by Federal Trade Commission. (Koehler, David) (aef).
January 31, 2014 Filing 66 RESPONSE in Opposition re #60 MOTION to Exclude Expert Testimony of David K. Dickinson, Ed.D filed by Federal Trade Commission. (Attachments: #1 Declaration Declaration of Arien Parham with Exhibits A-E)(Rosso, Rosemary) (aef).
January 31, 2014 Filing 65 DECLARATION re #62 Response in Opposition to Motion, Declaration of Karen M. Hawkes In Support of Defendants' Opposition to Plaintiff's Motion to Exclude Expert Testimony of Arthur Hernandez, Danielle Jelks and Deborah McDonough by Defendants Infant Learning, Inc. d/b/a The Infant Learning Company, Robert Titzer, Ph.D. (Hawkes, Karen) (aef).
January 31, 2014 Filing 64 NOTICE by Infant Learning, Inc. d/b/a The Infant Learning Company, Robert Titzer, Ph.D re #62 Response in Opposition to Motion, Notice of Withdrawal of Declaration of Karen M. Hawkes In Opposition to Plaintiff's Motion To Exclude Expert Testimony of Arthur Hernandez, Danielle Jelks and Deborah McDonough (Hawkes, Karen) (aef).
January 27, 2014 Filing 63 NOTICE of Change of Hearing: Mandatory Settlement Conference previously set for 2/10/2014 is hereby rescheduled for 4/23/2014 at 09:30 AM before Magistrate Judge Bernard G. Skomal. Counsel shall submit confidential settlement statements directly to chambers or may e-mail statements to efile_Skomal@casd.uscourts.gov., no later than 4/9/2014. All other dates and requirements set forth in the previously filed Amended Case Management Conference Order (Doc. No. 48) shall remain the same.(no document attached) (jpd) (aef).
January 23, 2014 Filing 62 RESPONSE in Opposition re #54 MOTION to Exclude Expert Testimony of Arthur Hernandez, Danielle Jelks, and Deborah McDonough filed by Infant Learning, Inc. d/b/a The Infant Learning Company, Robert Titzer, Ph.D. (Attachments: #1 Declaration)(Hawkes, Karen) (aef). Modified on 2/3/2014-**Attachment 1 withdrawn per entry #64 ** (aef).
January 21, 2014 Opinion or Order Filing 61 ORDER Setting Briefing Schedule re #60 Motion to Exclude Expert Testimony of David K. Dickinson, Ed.D. Plaintiff shall file its opposition to the motion on or before January 31, 2014. Defendants shall file their reply on or before February 7, 2014. Signed by Judge Dana M. Sabraw on 1/21/2014.(aef)
January 17, 2014 Filing 60 MOTION to Exclude Expert Testimony of David K. Dickinson, Ed.D by Infant Learning, Inc. d/b/a The Infant Learning Company, Robert Titzer, Ph.D. (Attachments: #1 Memo of Points and Authorities, #2 Declaration)(Hawkes, Karen)(aef).
January 17, 2014 Filing 59 NOTICE of Appearance by Karen Michelle Hawkes on behalf of Infant Learning, Inc. d/b/a The Infant Learning Company, Robert Titzer, Ph.D (Hawkes, Karen)Attorney Karen Michelle Hawkes added to party Robert Titzer, Ph.D(pty:dft) (aef).
January 17, 2014 Filing 58 NOTICE by Infant Learning, Inc. d/b/a The Infant Learning Company to Withdrawal Notice of Appearance (Hawkes, Karen) (aef).
January 17, 2014 Filing 57 ****DOCUMENT WITHDRAWN PER ENTRY #58 **** - NOTICE of Appearance by Karen Michelle Hawkes on behalf of Infant Learning, Inc. d/b/a The Infant Learning Company (Hawkes, Karen)Attorney Karen Michelle Hawkes added to party Infant Learning, Inc. d/b/a The Infant Learning Company(pty:dft) Modified on 1/21/2014-to withdraw document (aef).
January 16, 2014 Opinion or Order Filing 56 ORDER Denying #52 Ex Parte Motion to Amend the Scheduling Order. The Court finds that Defendants did not act diligently in completing the requested fact and expert discovery. Accordingly, Defendants have not shown good cause to amend the scheduling order. Defendants' ex parte motion to amend the scheduling order is denied without prejudice. Signed by Magistrate Judge Bernard G. Skomal on 1/16/2014. (jao)
January 3, 2014 Opinion or Order Filing 55 ORDER Setting Briefing Schedule re #54 MOTION to Exclude Expert Testimony of Arthur Hernandez, Danielle Jelks, and Deborah McDonough : The motion is currently scheduled for hearing on February 28, 2014. Responses due by 1/24/2014. Replies due by 2/7/2014. Signed by Judge Dana M. Sabraw on 1/3/2014.(jao) (jrl).
January 2, 2014 Filing 54 MOTION to Exclude Expert Testimony of Arthur Hernandez, Danielle Jelks, and Deborah McDonough by Federal Trade Commission. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Arien Parham)(Koehler, David) (jao).
December 20, 2013 Filing 53 RESPONSE in Opposition re #52 Ex Parte MOTION to Amend/Correct #51 Order, #38 Scheduling Order, Set Scheduling Order Hearing/Deadlines, filed by Federal Trade Commission. (Koehler, David) (jao).
December 17, 2013 Filing 52 Ex Parte MOTION to Amend/Correct #51 Order, #38 Scheduling Order, Set Scheduling Order Hearing/Deadlines,,,, by Infant Learning, Inc. d/b/a The Infant Learning Company, Robert Titzer, Ph.D. (Attachments: #1 Declaration of Matthew A. Becker and Exhibits A-D)(Becker, Matthew) (aef).
December 12, 2013 Opinion or Order Filing 51 ORDER Setting Briefing Schedule Regarding Discovery Dispute. Defendant shall file his ex parte motion to reopen expert discovery no later than December 17, 2013. Defendant's motion shall not exceed five (5) pages. Plaintiff shall file their response in opposition no later than December 20, 2013. Plaintiff's response shall not exceed five (5) pages. Signed by Magistrate Judge Bernard G. Skomal on 12/12/2013.(aef)
November 17, 2013 Opinion or Order Filing 50 ORDER granting #49 Joint Motion to Extend Motion Filing Deadline. The Court, for good cause shown, hereby amends the Amended Scheduling Order (Doc. No. 48.) as follows: All motions, other than motions to amend or join parties, or motions in limine, shall be filed on or before January 20, 2014. Signed by Magistrate Judge Bernard G. Skomal on 11/18/2013. (aef) (jrl).
November 6, 2013 Filing 49 Joint MOTION to Modify the Amended Scheduling Order by Federal Trade Commission. (Koehler, David) (aef).
November 4, 2013 Opinion or Order Filing 48 AMENDED CASE MANAGEMENT CONFERENCE ORDER regulating Discovery and other Pretrial proceedings. A Mandatory Settlement Conference is set for 2/10/2014 at 09:30 AM before Magistrate Judge Bernard G. Skomal. The Memorandum of Contentions of Fact and Law is due by 4/4/2014. The Proposed Final Pretrial Conference Order is due by 4/25/2014. The Final Pretrial Conference is set for 5/2/2014 at 10:30 AM before Judge Dana M. Sabraw. A trial will be held on 6/2/2014. Signed by Magistrate Judge Bernard G. Skomal on 11/4/2013.(aef) (jrl).
October 29, 2013 Opinion or Order Filing 47 ORDER LIFTING STAY. Signed by Judge Dana M. Sabraw on 10/29/2013.(jao)
October 17, 2013 Filing 46 NOTICE by Federal Trade Commission of Restored Appropriations and Request to Lift Stay (Koehler, David) (aef).
October 1, 2013 Opinion or Order Filing 45 ORDER granting #44 Emergency Motion for Stay. This case comes before the Court on the emergency motion for stay filed by Plaintiff. Good cause appearing, the motion is granted. Plaintiff shall notify the Court when appropriations have been restored, at which time an amended scheduling order will be issued. Signed by Judge Dana M. Sabraw on 10/1/2013. (aef) (jrl).
October 1, 2013 Filing 44 Emergency MOTION to Stay Due to United States Government Cessation by Federal Trade Commission. (Koehler, David) Modified on 10/1/2013-no hearing date and time; no P&A (aef).
September 24, 2013 Filing 43 NOTICE of Appearance by Elizabeth Jones Sanger on behalf of Federal Trade Commission (Sanger, Elizabeth)Attorney Elizabeth Jones Sanger added to party Federal Trade Commission(pty:pla)(aef).
September 6, 2013 Opinion or Order Filing 42 AMENDED ORDER granting #40 Joint Motion for Relief from Scheduling Order and Continuing Mandatory Settlement Conference. Plaintiff Federal Trade Commission is not required to have a party representative with "full and unlimited authority to negotiate and enter into a binding settlement" present at the upcoming Mandatory Settlement Conference. The Court hereby continues the previously scheduled Mandatory Settlement Conference to January 6, 2014 at 9:30 a.m. Counsel shall submit confidential settlement statements directly to chambers or may e-mail statements to efile_Skomal@casd.uscourts.gov., no later than December 23, 2013. Signed by Magistrate Judge Bernard G. Skomal on 9/6/2013.(aef)
September 6, 2013 Opinion or Order Filing 41 ORDER granting #40 Joint Motion for Relief from Scheduling Order and Continuing Mandatory Settlement Conference. Plaintiff Federal Trade Commission is not required to have a party representative with "full and unlimited authority to negotiate and enter into a binding settlement" present at the upcoming Mandatory Settlement Conference. The Court hereby continues the previously scheduled Mandatory Settlement Conference to January 6, 2013 at 9:30 a.m. Counsel shall submit confidential settlement statements directly to chambers or may e-mail statements to efile_Skomal@casd.uscourts.gov., no later than December 23, 2013. Signed by Magistrate Judge Bernard G. Skomal on 9/6/2013. (aef)
August 22, 2013 Filing 40 Joint MOTION to Amend/Correct #38 Scheduling Order, Set Scheduling Order Hearing/Deadlines, by Federal Trade Commission. (Koehler, David) Added MOTION to Continue Mandatory Settlement Conference on 8/23/2013 (aef). Modified on 8/23/2013-QC mailer sent re multi-part motion (aef).
July 23, 2013 Filing 39 NOTICE of Change of Hearing: Due to a conflict with the Court's calendar, the Mandatory Settlement Conference set for August 7, 2013 is continued until September 18, 2013 at 02:00 PM before Magistrate Judge Bernard G. Skomal. The parties' confidential mandatory settlement conference statements are to be lodged with chambers no later than September 11, 2013. (no document attached) (mgo)
April 24, 2013 Opinion or Order Filing 38 ORDER Regarding Joint Motion to Modify the Scheduling Order: A Mandatory Settlement Conference is set for 8/7/2013 02:00 PM before Magistrate Judge Bernard G. Skomal. The Memorandum of Contentions of Fact and Law is due by 2/21/2014. The Proposed Pretrial Order is due by 3/14/2014. The Final Pretrial Conference is set for 3/21/2014 at 10:30 AM before Judge Dana M. Sabraw. A second Mandatory Settlement Conference is set for 4/7/2014 at 02:00 PM before Magistrate Judge Bernard G. Skomal. The Jury Trial is set for 4/21/2014 at 09:00 AM before Judge Dana M. Sabraw. Signed by Magistrate Judge Bernard G. Skomal on 4/24/2013.(vam) (jcj).
April 17, 2013 Filing 37 DECLARATION of David K. Koehler in Support of Joint Motion to Modify the Scheduling Order Pursuant to Court Order by Plaintiff Federal Trade Commission. (Koehler, David) (vam).
April 12, 2013 Filing 36 DECLARATION re #35 Order on Motion to Amend/Correct, of Matthew A. Becker by Defendants Infant Learning, Inc. d/b/a The Infant Learning Company, Robert Titzer, Ph.D. (Attachments: #1 Proof of Service)(Becker, Matthew) (vam).
April 8, 2013 Opinion or Order Filing 35 ORDER Regarding #34 Joint Motion to Modify the Scheduling Order. No later than April 12, 2013, counsel for Defendant Titzer shall file a declaration. No later than April 17, 2013, counsel for Plaintiff shall file a responsive declaration. All discovery deadlines will remain as currently set for Defendants to conduct discovery. Signed by Magistrate Judge Bernard G. Skomal on 4/8/2013. (vam) (av1).
April 3, 2013 Filing 34 Joint MOTION to Amend/Correct #24 Scheduling Order,, by Infant Learning, Inc. d/b/a The Infant Learning Company, Robert Titzer, Ph.D. (Attachments: #1 Declaration of Matthew A. Becker)(Becker, Matthew) (vam).
March 27, 2013 Filing 33 ANSWER to #30 Amended Complaint,,, by Infant Learning, Inc. d/b/a The Infant Learning Company, Robert Titzer, Ph.D.(Becker, Matthew) (vam).
February 28, 2013 Filing 32 Summons Issued re #30 First Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (aef)
February 28, 2013 Filing 31 NOTICE of Lodgment by Federal Trade Commission re #30 Amended Complaint,,, Notice of Lodgment of Audio and Video Exhibits (DVD with exhibits to be hand filed) (Rosso, Rosemary) (aef).
February 27, 2013 Filing 30 FIRST AMENDED COMPLAINT against Robert Titzer, Ph.D. and against Infant Learning, Inc. d/b/a The Infant Learning Company, filed by Federal Trade Commission. (Attachments: #1 Table of Exhibits, #2 Exhibit A-1 - Infomercial, #3 Exhibit A-2 - Infomercial Transcript, #4 Exhibit B - Radio Advertisement, #5 Exhibit C - Radio Advertisement, #6 Exhibit D - Print Advertisement, #7 Exhibit E - Product Packaging, #8 Exhibit F - Product Packaging, #9 Exhibit G - Product Packaging, #10 Exhibit H - Website Excerpts, #11 Exhibit I - YouTube Video, #12 Exhibit J - YouTube Video, #13 Exhibit K - Facebook Excerpts, #14 Exhibit L - Website Excerpts, #15 Certificate of Service)New Summons Requested. (Rosso, Rosemary) (aef).
February 26, 2013 Opinion or Order Filing 29 ORDER granting #28 Joint Motion for Plaintiff's Filing a First Amended Complaint by Consent. Plaintiff forethwith shall file its First Amended Complaint, including copies of all exhibits referred to therein. Signed by Judge Dana M. Sabraw on 2/25/2013. (aef) (jcj).
February 25, 2013 Filing 28 Joint MOTION for Leave to File First Amended Complaint By Consent by Federal Trade Commission. (Attachments: #1 Exhibit)(Rosso, Rosemary) (aef).
February 21, 2013 Filing 27 NOTICE of Appearance by David K. Koehler on behalf of Federal Trade Commission (Koehler, David)(aef).
January 24, 2013 Opinion or Order Filing 26 ORDER granting #25 Joint Motion for Protective Order as Modified by the Court. Signed by Magistrate Judge Bernard G. Skomal on 1/24/2013. (aef)
January 23, 2013 Filing 25 Joint MOTION for Protective Order by Federal Trade Commission. (Spector, Robin) (aef).
January 9, 2013 Opinion or Order Filing 24 CASE MANAGEMENT CONFERENCE ORDER regulating Discovery and Other Pretrial Proceedings. A Case Management Conference was held on 1/9/2013. A Mandatory Settlement Conference is set for 6/10/2013 at 02:00 PM before Magistrate Judge Bernard G. Skomal. The Memorandum of Contentions of Fact and Law is due by 12/27/2013. The Proposed Final Pretrial Order is due by 1/17/2014. The Final Pretrial Conference is set for 1/24/2014 at 10:30 AM before Judge Dana M. Sabraw. A second Mandatory Settlement Conference is set for 2/10/2014 at 02:00 PM before Magistrate Judge Bernard G. Skomal. The Jury Trial is set for 2/24/2014 at 09:00 AM before Judge Dana M. Sabraw. Signed by Magistrate Judge Bernard G. Skomal on 1/9/2013.(aef)
January 9, 2013 Filing 23 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Case Management Conference held on 1/9/2013. Written scheduling order to follow. (Plaintiff Attorney Robin Spector; Rosemarry Rosso). (Defendant Attorney Matthew Becker). (no document attached) (alg)
January 2, 2013 Opinion or Order Filing 22 ORDER granting in part and denying in part #13 Plaintiff's Motion to Strike Defendant Titzer's Affirmative Defenses. The motion is granted with respect to Defendant's first affirmative defense, and denied as to the remaining affirmative defenses. Signed by Judge Dana M. Sabraw on 1/2/2013. (aef)
January 2, 2013 Filing 21 NOTICE by Federal Trade Commission Joint Discovery Plan (Spector, Robin) (aef).
December 17, 2012 Filing 20 REPLY to Response to Motion re #13 MOTION to Strike Affirmative Defenses filed by Federal Trade Commission. (Rosso, Rosemary) (aef).
December 17, 2012 Filing 19 NOTICE OF WITHDRAWAL OF DOCUMENT by Federal Trade Commission re #17 Reply to Response to Motion, filed by Federal Trade Commission . (Rosso, Rosemary) Modified on 12/18/2012-QC mailer sent to atty re Document Contains Wrong s/; Wrong PDF Document Attached (aef).
December 14, 2012 Opinion or Order Filing 18 ORDER Re: Oral Argument. The Court has reviewed the parties' briefs, and finds this matter suitable for decision without oral argument pursuant to Civil Local Rule 7.1(d)(1). Accordingly, the December 21, 2012 hearing is vacated. Signed by Judge Dana M. Sabraw on 12/14/2012.(aef) (jcj).
December 14, 2012 Filing 17 REPLY to Response to Motion re #13 MOTION to Strike Affirmative Defenses filed by Federal Trade Commission. (Rosso, Rosemary) Modified on 12/17/2012-QC mailer sent to atty re document filed under login and password of different user (aef).
December 10, 2012 Opinion or Order Filing 16 Order Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Notice of Case Management Conference. The Court held an Early Neutral Evaluation Conference held on 12/10/2012. A telephonic, attorneys only, Case Management Conference is set for 1/9/2013 at 01:30 PM before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 12/10/2012.(aef)
December 10, 2012 Filing 15 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Early Neutral Evaluation Conference held on 12/10/2012. The case did not settle. Written order to follow. (Plaintiff Attorney Robin Spector, Rosemary Rosso). (Defendant Attorney Matt Becker, Karen Hawker). (no document attached) (alg)
December 7, 2012 Filing 14 RESPONSE in Opposition re #13 MOTION to Strike Affirmative Defenses filed by Robert Titzer, Ph.D. (Becker, Matthew) (aef).
November 20, 2012 Filing 13 MOTION to Strike Affirmative Defenses by Federal Trade Commission. (Attachments: #1 Memo of Points and Authorities)(Spector, Robin)(aef).
November 5, 2012 Opinion or Order Filing 12 NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 12/10/2012 09:30 AM before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 11/5/2012.(jao) (jrl).
October 29, 2012 Filing 11 ANSWER to #1 Complaint, by Robert Titzer, Ph.D.(Becker, Matthew) (aef).
September 14, 2012 Filing 10 NOTICE of Appearance by Robin Rosen Spector on behalf of Federal Trade Commission (Spector, Robin)(aef).
September 12, 2012 Opinion or Order Filing 9 Stipulated Final Judgment and Order for Permanent Injuction and Other Equitable Relief for Defendants Your Baby Can, LLC and Hugh Penton. It is further Ordered that Judgment is hereby entered against Defendant Your Baby Can in favor of the Commission and against Defendant Your Baby Can in the amount of One Hundred Eighty-Five million dollars ($185,000,000). Defendant Your Baby Can shall transfer $500,000 to the Federal Trade Commission no later than fifteen (15) days after entry of the Order pursuant to instructions that the Federal Trade Commission will provide. One-hundred and eighty days (180) after entry of this Order, each Defendant must submit a compliance report. It is further ordered that Defendants Your Baby Can and Penton obtain acknowledgments of receipt of this Order. Signed by Judge Dana M. Sabraw on 9/12/2012. (aef)
September 11, 2012 Filing 8 MOTION to Approve Consent Judgment Joint Motion for Entry of Stipulated Final Judgment and Order by Federal Trade Commission. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Rosso, Rosemary) (aef).
September 7, 2012 Filing 7 NOTICE of Appearance by David L. Aronoff on behalf of Hugh Penton, Jr., Your Baby Can, LLC (Aronoff, David)(aef).
September 7, 2012 Filing 6 WAIVER OF SERVICE Returned Executed by Robert Titzer, Ph.D, as to Robert Titzer, Ph.D. (Spector, Robin)(aef).
September 7, 2012 Filing 5 WAIVER OF SERVICE Returned Executed by Hugh Penton, Jr., as to Hugh Penton, Jr.. (Spector, Robin)(aef).
September 7, 2012 Filing 4 WAIVER OF SERVICE Returned Executed by Your Baby Can, LLC, as to Your Baby Can, LLC. (Spector, Robin) Modified on 9/10/2012-QC mailer sent to atty re No Attorney Appearance filed; Attorney not associated with Party (aef).
August 27, 2012 Filing 3 NOTICE of Lodging of Audio and Video Exhibit by Federal Trade Commission. (All non-registered users served via U.S. Mail Service)(aef)
August 27, 2012 Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons has been provided to plaintiffs not receiving notice electronically. (dls) (cap).
August 27, 2012 Filing 1 COMPLAINT against Your Baby Can, LLC, Hugh Penton, Jr., Robert Titzer, Ph.D,, No Fee Required, filed by Federal Trade Commission. (Attachments: #1 Exhibit A - J, #2 Civil Case Cover Sheet).The new case number is 3:12-cv-2114-DMS-BGS. Judge Dana M. Sabraw and Magistrate Judge Bernard G. Skomal are assigned to the case. (Rosso, Rosemary)(dls) [ATTNY MAINT; Chambers notified of Request for Permanent Injunction] (cap).

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Plaintiff: Federal Trade Commission
Represented By: David K. Koehler
Represented By: Robin Rosen Spector
Represented By: Rosemary Rosso
Represented By: Elizabeth Jones Sanger
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Defendant: Your Baby Can, LLC
Represented By: David Lawrence Aronoff
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Defendant: Hugh Penton, Jr.
Represented By: David Lawrence Aronoff
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Defendant: Robert Titzer, Ph.D
Represented By: Karen Michelle Hawkes
Represented By: Matthew A Becker
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Defendant: Infant Learning, Inc. d/b/a The Infant Learning Company
Represented By: Karen Michelle Hawkes
Represented By: Matthew A Becker
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