Lights Out Holdings, LLC v. Nike, Inc.
Plaintiff: Lights Out Holdings, LLC
Defendant: Nike, Inc.
Counter Defendant: Shawne Merriman
Case Number: 3:2014cv00872
Filed: April 13, 2014
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: John A Houston
Referring Judge: Nita L Stormes
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement (Lanham Act)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 10, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 10, 2016 Filing 100 REPORT of Patent and Trademark Closing, regarding patent and/or trademark number(s) 2,885,212, re #98 Order on Motion to Dismiss. cc:USPTO (ag)
March 9, 2016 Filing 99 PRO HAC APPROVED: Melissa A. Reinckens appearing for Defendant Nike, Inc. (no document attached) (aef)
February 16, 2016 Opinion or Order Filing 98 ORDER granting #97 Motion to for voluntary dismissal of all claims. Plaintiffs claims made in their First Amended Complaint (Docket No. #26 ) against Defendant are dismissed with prejudice. Defendants counterclaims made in its Answer and Counterclaims to the First Amended Complaint (Docket No. #27 ) against Plaintiffs are dismissed without prejudice. Signed by Judge John A. Houston on 2/16/2016. (jpp). (sjt).
February 11, 2016 Filing 97 Joint MOTION to Dismiss Joint Motion for Voluntary Dismissal of All Claims by Lights Out Holdings, LLC(a California Limited Liability Company), Shawne Merriman. (Skale, Andrew) (jpp).
January 12, 2016 Opinion or Order Filing 96 ORDER (1) vacating remaining dates; and (2) Setting Telephonic Disposition Conference for 2/19/2016 at 9:30am before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 01/12/2016.(jpp)
January 12, 2016 Filing 95 Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Mandatory Settlement Conference held on 1/11/2016. Order to issue. (Plaintiff Attorney Andrew Skale). (Defendant Attorneys Stanley Panikowski, Frank Ryan). (no document attached) (lkw)
January 8, 2016 Filing 94 MOTION for Summary Judgment by Nike, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Ronald R. Butters, #3 Exhibit A (Part 1) to Declaration of Ronald R. Butters, #4 Exhibit A (Part 2) to Declaration of Ronald R. Butters, #5 Exhibit A (Part 3) to Declaration of Ronald R. Butters, #6 Exhibit A (Part 4) to Declaration of Ronald R. Butters, #7 Declaration of Robert M. Frank, #8 Exhibit A (Part 1) to Declaration of Robert M. Frank, #9 Exhibit A (Part 2) to Declaration of Robert M. Frank, #10 Exhibit A (Part 3) to Declaration of Robert M. Frank, #11 Exhibit A (Part 4) to Declaration of Robert M. Frank, #12 Declaration of Carol Scott, #13 Exhibit A (Part 1) to Declaration of Carol Scott, #14 Exhibit A (Part 2) to Declaration of Carol Scott, #15 Exhibit A (Part 3) to Declaration of Carol Scott, #16 Exhibit B to Declaration of Carol Scott, #17 Declaration of Itamar Simonson, #18 Exhibit A to Declaration of Itamar Simonson, #19 Exhibit B to Declaration of Itamar Simonson, #20 Declaration of Kori D. Kempton, #21 Exhibit A to Declaration of Kori D. Kempton, #22 Exhibit B to Declaration of Kori D. Kempton, #23 Exhibit C to Declaration of Kori D. Kempton, #24 Exhibit D to Declaration of Kori D. Kempton, #25 Exhibit E to Declaration of Kori D. Kempton, #26 Exhibit F to Declaration of Kori D. Kempton, #27 Exhibit G to Declaration of Kori D. Kempton, #28 Exhibit H to Declaration of Kori D. Kempton, #29 Exhibit I to Declaration of Kori D. Kempton, #30 Proof of Service)(Panikowski, Stanley) (jpp).
December 18, 2015 Filing 93 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8660967.) (Application to be reviewed by Clerk.) (Reinckens, Melissa) (aef).
December 10, 2015 Opinion or Order Filing 92 ORDER denying #90 Plaintiff's Motion to Stay. Signed by Judge John A. Houston on 12/09/2015. (jpp)
December 9, 2015 Filing 91 RESPONSE in Opposition re #90 Ex Parte MOTION to Stay Case pending the Court's ruling on Plaintiffs' Motion for Summary Judgment Defendant Nike, Inc.'s Opposition to Plaintiffs' Ex Parte Application for Stay of the Case Pending the Court's Ruling on Plaintiffs' Motion for Summary Judgment filed by Nike, Inc.. (Attachments: #1 Declaration of Kori D. Kempton, #2 Exhibit A to the Declaration of Kori D. Kempton, #3 Exhibit B to the Declaration of Kori D. Kempton, #4 Exhibit C to the Declaration of Kori D. Kempton, #5 Exhibit D to the Declaration of Kori D. Kempton, #6 Exhibit E to the Declaration of Kori D. Kempton, #7 Proof of Service)(Panikowski, Stanley) (jpp).
December 7, 2015 Filing 90 Ex Parte MOTION to Stay Case pending the Court's ruling on Plaintiffs' Motion for Summary Judgment by Lights Out Holdings, LLC. (Attachments: #1 Declaration of Ben L. Wagner in support of Plaintiffs' Ex Parte Application for Stay of the Case pending the Court's ruling on Plaintiffs' Motion for Summary Judgment, #2 Exhibit No. 1 to Declaration of Ben L. Wagner, #3 Exhibit No. 2 to Declaration of Ben L. Wagner, #4 Exhibit No. 3 to Declaration of Ben L. Wagner)(Wagner, Benjamin) (jpp).
November 6, 2015 Opinion or Order Filing 89 ORDER granting #87 Joint Motion to extend discovery and modify the Scheduling Order. Signed by Magistrate Judge Nita L. Stormes on 11/06/2015. (All non-registered users served via U.S. Mail Service)(jpp)
November 6, 2015 Filing 88 NOTICE of Appearance of Counsel by Anne-Marie D. Dao on behalf of Lights Out Holdings, LLC (Attachments: #1 Proof of Service)(Dao, Anne-Marie)Attorney Anne-Marie D. Dao added to party Lights Out Holdings, LLC(pty:pla) (jpp).
November 5, 2015 Filing 87 Joint MOTION for Extension of Time to Complete Discovery and Modify the Scheduling Order as Revised October 23, 2015 (ECF No. 86) by Lights Out Holdings, LLC. (Wagner, Benjamin) (jpp).
October 23, 2015 Opinion or Order Filing 86 ORDER granting #85 Joint Motion to modify the scheduling order. Signed by Magistrate Judge Nita L. Stormes on 10/23/2015. (jpp)
October 22, 2015 Filing 85 MOTION for Extension of Time to Complete Discovery and Modify the Scheduling Order as Revised September 30, 2015 (ECF No. 83) by Shawne Merriman. (Wagner, Benjamin) (jpp).
October 1, 2015 Opinion or Order Filing 84 ORDER granting #83 Joint Motion to extend Discovery and modify the scheduling order dated August 24, 2015. Signed by Magistrate Judge Nita L. Stormes on 10/01/2015. (jpp)
September 30, 2015 Filing 83 Joint MOTION for Extension of Time to Complete Discovery and Modify the Scheduling Order As Revised August 24, 2015 (ECF No. 76) by Lights Out Holdings, LLC. (Wagner, Benjamin) (jpp).
September 8, 2015 Filing 82 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion for Temporary Restraining Order) held on 8/28/2015, before Judge John A. Houston. Court Reporter/Transcriber: Cameron P. Kircher. 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 9/29/2015. Redacted Transcript Deadline set for 10/9/2015. Release of Transcript Restriction set for 12/7/2015. (akr)
September 4, 2015 Opinion or Order Filing 81 ORDER denying #72 Motion for TRO temporary restraining order. Signed by Judge John A. Houston on 9/02/2015. (jpp)
August 28, 2015 Filing 80 Minute Order. for proceedings held before Judge John A. Houston:Motion hearing held on 8/28/2015 denying #72 MOTION for Temporary Restraining Order and an OSC Why Preliminary Injunction Should Not Issue filed by Shawne Merriman, Lights Out Holdings, LLC. (Court Reporter/ECR Cami Kircher). (Plaintiff Attorney Benjamin L Wagner, Andrew Steale).(Defendant Attorney Stanley J. Panikowski, Francis Ryan, Brian Fogarty). (no document attached) (lwm)
August 28, 2015 Filing 79 RESPONSE in Support re #72 Ex Parte MOTION for Temporary Restraining Order and an OSC Why Preliminary Injunction Should Not Issue filed by Lights Out Holdings, LLC(a California Limited Liability Company), Shawne Merriman. (Wagner, Benjamin) (jpp).
August 27, 2015 Filing 78 PRO HAC APPROVED: Francis W. Ryan, IV appearing for Defendant Nike, Inc. (no document attached) (vam)
August 25, 2015 Filing 77 RESPONSE in Opposition re #72 Ex Parte MOTION for Temporary Restraining Order and an OSC Why Preliminary Injunction Should Not Issue filed by Nike, Inc.. (Attachments: #1 Declaration of Doug Heckman, #2 Declaration of Megan Leisinger, #3 Declaration of David Lokes, #4 Declaration of Larry McHenry, #5 Proof of Service)(Panikowski, Stanley) (jpp).
August 24, 2015 Opinion or Order Filing 76 ORDER granting #74 Joint Motion to extend discovery and modify the scheduling order as revised May 20, 2015.. Signed by Magistrate Judge Nita L. Stormes on 8/24/2015. (jpp)
August 24, 2015 Filing 75 Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Attachments: #1 Proof of Service)(Ryan, Francis) (jpp).
August 21, 2015 Filing 74 Joint MOTION for Extension of Time to Complete Discovery and Modify the Scheduling Order as Revised May 20, 2015 (ECF No. 64) by Lights Out Holdings, LLC. (Wagner, Benjamin) (jpp).
August 21, 2015 Opinion or Order Filing 73 ORDER setting briefing schedule and hearing date on #72 ex parte application for a temporary restraining order. Defendant shall file a response to Plaintiffs application no later than noon on August 25, 2015; 2. If Plaintiffs wish, they may file a reply to Defendants response no later than noon on August 27, 2015. 3. The parties shall appear before this Court on August 28, 2015 at 1:30 p.m. in Courtroom 13B for a hearing on Plaintiffs application for a temporary restraining order. Signed by Judge John A. Houston on 8/21/2015.(jpp)
August 20, 2015 Filing 72 Ex Parte MOTION for Temporary Restraining Order and an OSC Why Preliminary Injunction Should Not Issue by Lights Out Holdings, LLC(a California Limited Liability Company), Shawne Merriman. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Declaration of Shawne Merriman, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Declaration of Ben Wagner, #15 Exhibit A, #16 Exhibit B, #17 Exhibit C, #18 Exhibit D, #19 Exhibit E)(Wagner, Benjamin) (jpp).
July 31, 2015 Opinion or Order Filing 71 ORDER on Joint Motion for Determination of Discovery Dispute #70 . Plaintiffs' request to compel further production in response to RFP Numbers 16, 19, 22, 23 and LOH's Interrogatory Number 14 is GRANTED; and Counsel for both parties and Nike's technology officer(s) shall meet and confer in accordance with the instructions contained in this Order. Signed by Magistrate Judge Nita L. Stormes on 7/31/15. (kas)
July 10, 2015 Filing 70 Joint MOTION for Discovery Dispute Determination by Lights Out Holdings, LLC(a California Limited Liability Company), Shawne Merriman. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2, #3 Exhibit Attachment 3)(Skale, Andrew) (jpp).
June 29, 2015 Filing 69 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion for Summary Judgment) held on 6/15/2015, before Judge John A. Houston. Court Reporter/Transcriber: Cameron P. Kircher. 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 7/20/2015. Redacted Transcript Deadline set for 7/30/2015. Release of Transcript Restriction set for 9/28/2015. (akr)
June 15, 2015 Filing 68 Minute Order. for proceedings held before Judge John A. Houston:Motion Hearing held on 6/15/2015 submitting #36 Motion for Summary Judgment filed by Shawne Merriman, Lights Out Holdings, LLC. (Court Reporter/ECR Cami Kircher). (Plaintiff Attorney Andrew D. Skale, Benjamin L. Wagner).(Defendant Attorney Stanley J. Panikowski, Gina L. Durham). (no document attached) (lwm)
June 8, 2015 Filing 67 RESPONSE re #62 Objection, (Defendant Nike, Inc.'s Responses to Plaintiffs' Evidentiary Objections to Evidence Filed in Support of Nike, Inc.'s Opposition to Plaintiffs' Motion for Summary Judgment or, in the Alternative, Summary Adjudication) filed by Nike, Inc.. (Panikowski, Stanley) (jpp).
May 29, 2015 Filing 66 NOTICE by Lights Out Holdings, LLC(a California Limited Liability Company), Shawne Merriman re #65 Order on Motion for Discovery, Joint Notice of Resolution of Issues With Respect To RFP No. 18 (Wagner, Benjamin) (jpp).
May 28, 2015 Opinion or Order Filing 65 ORDER on #48 joint motion for determination of discovery dispute. The Court ORDERS Plaintiffs to produce any licenses, franchise agreements, mergers, reorganizations, settlement agreements, consents, concurrent use agreements and assignments regarding the alleged LIGHTS OUT mark by June 12, 2015. Signed by Magistrate Judge Nita L. Stormes on 5/28/2015. (jpp)
May 20, 2015 Opinion or Order Filing 64 ORDER Granting Joint Motion to Extend Discovery and Modify the Scheduling Order Dated March 2, 2015 (Dkt. No. #33 ) (Dkt. No. #59 ). Mandatory Settlement Conference set for 1/11/2016 at 02:30 PM before Magistrate Judge Nita L. Stormes. Proposed Pretrial Order due by 4/4/2016. Final Pretrial Conference set for 4/11/2016 at 02:30 PM before Judge John A. Houston. Signed by Magistrate Judge Nita L. Stormes on 5/20/2015. (cxl)
May 19, 2015 Filing 63 REPLY to Response to Motion re #36 MOTION for Summary Judgment or, in the Alternative, Summary Adjudication filed by Lights Out Holdings, LLC, Shawne Merriman. (Attachments: #1 Declaration Supplemental Decl of B. Wagner, #2 Exhibit 23)(Wagner, Benjamin) (cxl).
May 19, 2015 Filing 62 OBJECTION by Lights Out Holdings, LLC, Shawne Merriman re #53 Response in Opposition to Motion,,,,,,,,,, Plaintiffs' Evidentiary Objections To Evidence Filed In Support Of Nike, Inc.'s Opposition To Plaintiffs' Motion For Summary Judgment Or, In The Alternative, Summary Adjudication. (Wagner, Benjamin)(cxl).
May 19, 2015 Filing 61 RESPONSE re #54 Objection, Plaintiffs' Responses To Defendant Nike, Inc.'s Objections To Evidence Filed In Support Of Plaintiffs' Motion For Summary Judgment Or, In The Alternative, Summary Adjudication filed by Lights Out Holdings, LLC. (Wagner, Benjamin) (cxl).
May 19, 2015 Filing 60 SUPPLEMENTAL DOCUMENT by Lights Out Holdings, LLC re #36 MOTION for Summary Judgment Filed Pursuant to ECF 42 Order Granting Plaintiffs' Motion to File Documents Under Seal in Support of Plaintiffs' Motion for Summary Judgment or, in the Alternative, Summary Adjudication. (Attachments: #1 Exhibit (Redacted) Exhibit 9 to the Wagner Declaration (Part 2 of 8), #2 Exhibit (Redacted) Exhibit 9 to the Wagner Declaration (Part 3 of 8), #3 Exhibit (Redacted) Exhibit 9 to the Wagner Declaration (Part 4 of 8), #4 Exhibit (Redacted) Exhibit 9 to the Wagner Declaration (Part 5 of 8), #5 Exhibit (Redacted) Exhibit 9 to the Wagner Declaration (Part 6 of 8), #6 Exhibit (Redacted) Exhibit 9 to the Wagner Declaration (Part 7 of 8), #7 Exhibit (Redacted) Exhibit 9 to the Wagner Declaration (Part 8 of 8), #8 Proof of Service)(Wagner, Benjamin) Modified on 5/19/2015 to modify text. (jrd).
May 18, 2015 Filing 59 Joint MOTION for Extension of Time to Complete Discovery and Modify the Scheduling Order Dated March 2, 2015 (ECF #33) by Lights Out Holdings, LLC(a California Limited Liability Company), Shawne Merriman. (Wagner, Benjamin) (cxl).
May 15, 2015 Opinion or Order Filing 58 ORDER Rescheduling Hearing. It is hereby ordered the hearing on Plaintiff's Counter/Defendant's motion for summary judgment set for May 26, 2015 is vacated rescheduled to June 15, 2015 at 2:30 p.m. The date for filing Plaintiff's reply, May 19, 2015, remains unchanged. Signed by Judge John A. Houston on 5/14/2015.(vam)
May 12, 2015 Opinion or Order Filing 56 ORDER Granting #51 Motion to File Documents Under Seal. Signed by Judge John A. Houston on 5/12/2015. (jao)
May 12, 2015 Filing 55 NOTICE of Appearance by Mina Nasseri on behalf of Lights Out Holdings, LLC, Shawne Merriman (Nasseri, Mina)Attorney Mina Nasseri added to party Lights Out Holdings, LLC(pty:pla), Attorney Mina Nasseri added to party Shawne Merriman(pty:cd) (sjt).
May 11, 2015 Filing 54 OBJECTION by Nike, Inc. re #36 MOTION for Summary Judgment (Defendant Nike, Inc.'s Objections to Evidence Filed in Support of Plaintiffs' Motion for Summary Judgment or, in the Alternative, Summary Adjudication). (Attachments: #1 Proof of Service)(Panikowski, Stanley) (mdc)
May 11, 2015 Filing 53 RESPONSE in Opposition re #36 MOTION for Summary Judgment filed by Nike, Inc.. (Attachments: #1 Declaration of Robert M. Frank, Ph.D., #2 Exhibit A to Declaration of Robert M. Frank, Ph.D., #3 Exhibit B to Declaration of Robert M. Frank, Ph.D., #4 Declaration of Cliff King, #5 Exhibit A to Declaration of Cliff King, #6 Declaration of Kristian Leeper, #7 Exhibit A to Declaration of Kristian Leeper, #8 Exhibit B to Declaration of Kristian Leeper, #9 Declaration of Emma Minto, #10 Exhibit A to Declaration of Emma Minto (cover sheet), #11 Exhibit B to Declaration of Emma Minto, #12 Declaration of Kelly Morris, #13 Exhibit A to Declaration of Kelly Morris (cover sheet), #14 Exhibit B to Declaration of Kelly Morris, #15 Declaration of Kori D. Kempton, #16 Exhibit A to Declaration of Kori D. Kempton, #17 Exhibit B to Declaration of Kori D. Kempton, #18 Exhibit C to Declaration of Kori D. Kempton, #19 Exhibit D to Declaration of Kori D. Kempton, #20 Exhibit E to Declaration of Kori D. Kempton, #21 Exhibit F to Declaration of Kori D. Kempton, #22 Exhibit G to Declaration of Kori D. Kempton, #23 Exhibit H to Declaration of Kori D. Kempton, #24 Exhibit I to Declaration of Kori D. Kempton, #25 Exhibit J to Declaration of Kori D. Kempton, #26 Exhibit K to Declaration of Kori D. Kempton, #27 Exhibit L to Declaration of Kori D. Kempton, #28 Exhibit M to Declaration of Kori D. Kempton, #29 Exhibit N to Declaration of Kori D. Kempton, #30 Exhibit O (Part 1 of 2) to Declaration of Kori D. Kempton, #31 Exhibit O (Part 2 of 2) to Declaration of Kori D. Kempton, #32 Exhibit P to Declaration of Kori D. Kempton, #33 Exhibit Q to Declaration of Kori D. Kempton, #34 Exhibit R to Declaration of Kori D. Kempton, #35 Exhibit S to Declaration of Kori D. Kempton, #36 Exhibit T to Declaration of Kori D. Kempton, #37 Exhibit U to Declaration of Kori D. Kempton, #38 Exhibit V to Declaration of Kori D. Kempton, #39 Exhibit W to Declaration of Kori D. Kempton, #40 Exhibit X to Declaration of Kori D. Kempton, #41 Exhibit Y to Declaration of Kori D. Kempton, #42 Exhibit Z to Declaration of Kori D. Kempton, #43 Exhibit AA to Declaration of Kori D. Kempton, #44 Exhibit BB to Declaration of Kori D. Kempton, #45 Exhibit CC to Declaration of Kori D. Kempton, #46 Exhibit DD to Declaration of Kori D. Kempton, #47 Exhibit EE to Declaration of Kori D. Kempton, #48 Proof of Service)(Panikowski, Stanley) (dls).
May 11, 2015 Filing 52 [Filed as Sealed Document on 5/12/2015] SEALED LODGED Proposed Document re: #51 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Panikowski, Stanley) (jao). (Main Document 52 replaced on 5/12/2015) (jao).
May 11, 2015 Filing 51 MOTION to File Documents Under Seal (With attachments)(Panikowski, Stanley) (jao).
May 7, 2015 Filing 50 SUPPLEMENTAL DOCUMENT by Lights Out Holdings, LLC re #36 MOTION for Summary Judgment Filed Pursuant to ECF 42 Order Granting Plaintiffs Motion to File Documents Under Seal in Support of Plaintiffs Motion for Summary Judgment or, in the Alternative, Summary Adjudication.. (Attachments: #1 Exhibit (Redacted) Exhibit 21 to the Merriman Declaration, #2 Exhibit (Redacted) Exhibit 7 to the Wagner Declaration, #3 Exhibit (Redacted) Exhibit 8 to the Wagner Declaration, #4 Exhibit (Redacted) Exhibit 13 to the Wagner Declaration, #5 Proof of Service Proof of Service)(Wagner, Benjamin) (jpp).
April 30, 2015 Filing 49 NOTICE of Lodgment by Lights Out Holdings, LLC, Shawne Merriman re #41 Order on Motion for Miscellaneous (Other 1), #37 MOTION to File Documents Under Seal (Wagner, Benjamin) (jpp).
April 27, 2015 Filing 48 Joint MOTION for Discovery Determination of Discovery Dispute by Nike, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Durham, Gina) (jpp).
April 27, 2015 Opinion or Order Filing 47 ORDER granting #46 Joint Motion to (1) reset hearing date and (2) set briefing schedule for Plaintiff's Motion for Summary Judgment or, in the alternative, Summary Adjudication. The new hearing date on Plaintiffs MSJ is accordingly: May 26, 2015 at 2:30 p.m. The remaining briefing schedule for Plaintiffs MSJ is accordingly: May 11, 2015 Nikes opposition dueMay 19, 2015 Plaintiffs reply due. Signed by Judge John A. Houston on 4/23/2015. (jpp)
April 23, 2015 Filing 46 Joint MOTION to (1) Reset Hearing Date and (2) Set Briefing Schedule for Plaintiffs' Motion for Summary Judgment or, in the Alternative, Summary Adjudication by Nike, Inc.. (Panikowski, Stanley) (jpp).
April 15, 2015 Opinion or Order Filing 45 ORDER granting #44 Joint Motion to extend deadline for determination of discovery dispute. Signed by Magistrate Judge Nita L. Stormes on 4/15/2015. (jpp)
April 13, 2015 Filing 44 Joint MOTION to Extend Deadline for Determination of Discovery Dispute by Nike, Inc.. (Panikowski, Stanley) (jpp).
April 10, 2015 Opinion or Order Filing 42 ORDER Granting #37 Plaintiffs' Motion to File Documents Under Seal. The Court grants the filing under seal of the documents attached to Plaintiff's Notice of Lodgment, Exhibit 21 to the Merriman Declaration, lodged as Exhibit B and the unredacted points and authorities, lodged as Exhibit A. Plaintiffs are directed to file public versions of Exhibits 5, 7, 8, 9 and 13 containing just the total sales volumes by year, the names of the retailers, and the locations of the retailers. Plaintiffs are further directed to file a public version of Exhibit 21 containing just the names of the parties, the title to the contracts, and the last sentence of Paragraph 1(c) of the Nike Standard Terms & Conditions. Plaintiff shall also file an updated publicversion of the Points and Authorities, removing prior redactions to the information to be made publicly available per the above. Signed by Judge John A. Houston on 4/7/2015. (jao)
April 10, 2015 Opinion or Order Filing 41 ORDER granting #39 request for non-conventional filing of Plaintiff's notice of lodgment. Signed by Judge John A. Houston on 04/07/2015. (jpp)
April 6, 2015 Filing 40 [filed as sealed document on 4/10/2015] SEALED LODGED Proposed Document re: #37 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Wagner, Benjamin) (jao). (Main Document 40 replaced on 4/10/2015) (jao).
April 6, 2015 Filing 39 MOTION Request For Non-Conventional Filing In Support Of Plaintiffs Notice Of Lodgment re #37 MOTION to File Documents Under Seal by Lights Out Holdings, LLC(a California Limited Liability Company), Shawne Merriman. (Wagner, Benjamin) (jpp).
April 6, 2015 Filing 38 **Corrected lodged documents now filed as ECF 40** SEALED LODGED Proposed Document re: #37 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Wagner, Benjamin) Mailer sent re documents not lodged on 4/6/2015 (jao).
April 6, 2015 Filing 37 MOTION to File Documents Under Seal (With attachments)(Wagner, Benjamin) (jao).
April 6, 2015 Filing 36 MOTION for Summary Judgment by Lights Out Holdings, LLC, Shawne Merriman. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Ben L. Wagner, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20 (part 1), #23 Exhibit 20 (part 2), #24 Exhibit 21, #25 Exhibit 22, #26 Declaration of Shawne Merriman, #27 Exhibit 1, #28 Exhibit 2, #29 Exhibit 3, #30 Exhibit 4, #31 Exhibit 5, #32 Exhibit 6, #33 Exhibit 7, #34 Exhibit 8, #35 Exhibit 9, #36 Exhibit 10, #37 Exhibit 11, #38 Exhibit 12, #39 Exhibit 13, #40 Exhibit 14, #41 Exhibit 15, #42 Exhibit 16, #43 Exhibit 17, #44 Exhibit 18, #45 Exhibit 19, #46 Exhibit 20, #47 Exhibit 21, #48 Exhibit 22, #49 Exhibit 23, #50 Exhibit 24)(Wagner, Benjamin) (jpp).
March 13, 2015 Opinion or Order Filing 35 ORDER granting #34 Joint Motion to extend deadline for joint motion for determination of discovery dispute. Signed by Magistrate Judge Nita L. Stormes on 3/13/2015. (jpp)
March 12, 2015 Filing 34 Joint MOTION To Extend Deadline For Joint Motion For Determination Of Discovery Dispute by Lights Out Holdings, LLC(a California Limited Liability Company), Shawne Merriman. (Wagner, Benjamin) (jpp).
March 2, 2015 Opinion or Order Filing 33 ORDER granting #32 Joint Motion to extend discovery and modify the Scheduling Order, as modified by the Court. Mandatory Settlement Conference set for 11/16/2015 02:30 PM before Magistrate Judge Nita L. Stormes. Proposed Pretrial Order due by 2/1/2016. Final Pretrial Conference set for 2/8/2016 02:30 PM in Courtroom 13B before Judge John A. Houston. Signed by Magistrate Judge Nita L. Stormes on 03/02/2015. (jpp)
February 27, 2015 Filing 32 Joint MOTION for Extension of Time to Complete Discovery and Modify the Scheduling Order Dated August 15, 2014 (Ecf No. 18) by Lights Out Holdings, LLC(a California Limited Liability Company), Shawne Merriman. (Wagner, Benjamin) (jpp).
February 13, 2015 Filing 31 Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Mandatory Settlement Conference held on 2/12/2015. The Court made a settlement recommendation to the parties. The parties shall notify the Court by February 19, 2015 regarding whether they accept the Court's settlement recommendation.(Plaintiff Attorney Andrew Skale). (Defendant Attorney Stanley Panikowski, Frank Ryan). (no document attached) (cxs)
January 16, 2015 Opinion or Order Filing 30 ORDER granting #29 Joint Motion to schedule Mandatory Settlement Conference Mandatory Settlement Conference set for 2/12/2015 02:30 PM before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 01/16/2015. (jpp)
January 16, 2015 Filing 29 Joint MOTION to Schedule Mandatory Settlement Conference by Nike, Inc.. (Panikowski, Stanley) (jpp).
January 7, 2015 Filing 28 Answer of Lights Out Holdings, LLC and Shawne Merriman to Nike Inc.'s Counterclaims ANSWER to #27 Answer to Amended Complaint, Counterclaim by Lights Out Holdings, LLC(a California Limited Liability Company), Shawne Merriman.(Wagner, Benjamin)Attorney Benjamin L Wagner added to party Shawne Merriman(pty:cd) (jpp).
December 18, 2014 Filing 27 ANSWER to #26 Amended Complaint , COUNTERCLAIM against Lights Out Holdings, LLC, Shawne Merriman by Nike, Inc..(Panikowski, Stanley) (jpp).
December 1, 2014 Filing 26 AMENDED COMPLAINT with Jury Demand against Nike, Inc., filed by Lights Out Holdings, LLC. (Attachments: #1 Exhibit A to First Amended Complaint, #2 Exhibit B to First Amended Complaint) (Skale, Andrew) (jpp).
October 14, 2014 Opinion or Order Filing 25 ORDER granting #24 Joint Motion for Leave to File First Amended Complaint. Plaintiff shall electronically file the First Amended Complaint, attached to the joint motion as Exhibit A. Signed by Judge John A. Houston on 10/14/2014. (jpp)
October 10, 2014 Filing 24 Joint MOTION for Leave to File First Amended Complaint by Lights Out Holdings, LLC. (Attachments: #1 Exhibit A to Joint Mtn for Leave to File First Amended Complaint, #2 Exhibit A to First Amended Complaint, #3 Exhibit B to First Amended Complaint)(Wagner, Benjamin) (jpp).
October 10, 2014 Opinion or Order Filing 23 ORDER granting Extension of Time to File motion to join other parties, to amend the pleadings, or to file additional pleadings to 10/10/14. Signed by Magistrate Judge Nita L. Stormes on 10/06/2014. (jpp)
October 3, 2014 Filing 22 Joint MOTION for Extension of Time to File Motion, to Join Other Parties, to Amend the Pleadings, or to File Additional Pleadings by Lights Out Holdings, LLC. (Wagner, Benjamin) (jpp).
September 3, 2014 Opinion or Order Filing 21 ORDER governing discovery of electronically stored information. Signed by Magistrate Judge Nita L. Stormes on 09/03/2014.(jpp)
September 3, 2014 Opinion or Order Filing 20 ORDER granting #19 Joint Motion for a Protective Order as modified by the Court. Signed by Magistrate Judge Nita L. Stormes on 09/03/2014. (jpp)
August 29, 2014 Filing 19 Joint MOTION Protective Order and Order Governing Discovery of Electronically Stored Information by Lights Out Holdings, LLC. (Skale, Andrew) (jpp).
August 15, 2014 Opinion or Order Filing 18 SCHEDULING ORDER regulating discovery and other pre-trial proceedings. Case Management Conference held 08/15/2014. Mandatory Settlement Conference set for 9/16/2015 09:30 AM before Magistrate Judge Nita L. Stormes. Proposed Pretrial Order due by 11/30/2015. Final Pretrial Conference set for 12/7/2015 02:30 PM in Courtroom 13B before Judge John A. Houston. Signed by Magistrate Judge Nita L. Stormes on 08/15/2014.(jpp)
August 15, 2014 Filing 17 Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Case Management Conference held on 8/15/2014. Order to issue.(Plaintiff Attorney Benjamin Wagner, Andrew Skale). (Defendant Attorney Stanley Panikowski). (no document attached) (jes)
August 7, 2014 Filing 16 NOTICE of Appearance by Gina L Durham on behalf of Nike, Inc. (Durham, Gina)Attorney Gina L Durham added to party Nike, Inc.(pty:dft), Attorney Gina L Durham added to party Nike, Inc.(pty:cd), Attorney Gina L Durham added to party Nike, Inc.(pty:cc) (jpp).
August 7, 2014 Filing 15 NOTICE of Appearance by Nikkya Williams on behalf of Nike, Inc. (Williams, Nikkya)Attorney Nikkya Williams added to party Nike, Inc.(pty:dft), Attorney Nikkya Williams added to party Nike, Inc.(pty:cd), Attorney Nikkya Williams added to party Nike, Inc.(pty:cc) (jpp).
August 5, 2014 Filing 14 REPORT of Rule 26(f) Planning Meeting. (Wagner, Benjamin) (jpp).
June 27, 2014 Opinion or Order Filing 13 ORDER vacating Early Neutral Evaluation Conference, setting Rule 26 compliance, and Notice of Telephonic Case Management Conference. Telephonic Case Management Conference set for August 15, 2014 at 9:30am before Magistrate Judge Stormes. Signed by Magistrate Judge Nita L. Stormes on 6/27/2014. (jpp)
June 24, 2014 Filing 12 Joint MOTION to Continue Early Neutral Evaluation by Nike, Inc.. (Panikowski, Stanley) (jpp).
June 18, 2014 Filing 11 ANSWER to #9 Answer to Complaint, Counterclaim Answer of LIghts Out Holdings, LLC to Nike Inc.'s Counterclaims, COUNTERCLAIM against Nike, Inc. by Lights Out Holdings, LLC.(Skale, Andrew)Attorney Andrew D Skale added to party Lights Out Holdings, LLC(pty:cd), Attorney Andrew D Skale added to party Lights Out Holdings, LLC(pty:pla) (jpp).
May 29, 2014 Opinion or Order Filing 10 NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 7/7/2014 02:30 PM before Magistrate Judge Nita L. Stormes.. Signed by Magistrate Judge Nita L. Stormes on 05/29/14.(jpp)
May 28, 2014 Filing 9 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Lights Out Holdings, LLC by Nike, Inc..(Panikowski, Stanley) (jpp).
May 13, 2014 Opinion or Order Filing 8 ORDER granting #5 Joint Motion to extend time to answer complaint. Nike, Inc. answer due 5/28/2014. Signed by Judge John A. Houston on 5/13/2014. (jpp)
May 5, 2014 Filing 7 SUMMONS Returned Executed by Lights Out Holdings, LLC. Lights Out Holdings, LLC served. (Skale, Andrew) (jpp).
May 2, 2014 Filing 6 Corporate Disclosure Statement by Nike, Inc.. (Panikowski, Stanley) (jpp).
May 2, 2014 Filing 5 Joint MOTION for Extension of Time to File Answer by Nike, Inc.. (Panikowski, Stanley) (jpp).
April 30, 2014 Filing 4 NOTICE of Appearance by Stanley J Panikowski, III on behalf of Nike, Inc. (Panikowski, Stanley)Attorney Stanley J Panikowski, III added to party Nike, Inc.(pty:dft) (dlg).
April 14, 2014 Filing 3 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. (cxl) (cap).
April 13, 2014 Filing 2 REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *2,885,212* cc:USPTO (cxl) (cap).
April 13, 2014 Filing 1 COMPLAINT with Jury Demand against Nike, Inc. ( Filing fee $ 400 receipt number 0974-6934349.), filed by Lights Out Holdings, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B)The new case number is 3:14-cv-00872-JAH-NLS. Judge John A. Houston and Magistrate Judge Nita L. Stormes are assigned to the case. (Wagner, Benjamin)(cxl) (cap).

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Search for this case: Lights Out Holdings, LLC v. Nike, Inc.
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Plaintiff: Lights Out Holdings, LLC
Represented By: Ben Lewis Wagner
Represented By: Anne-Marie D. Dao
Represented By: Mina Nasseri
Represented By: Andrew D Skale
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Defendant: Nike, Inc.
Represented By: Francis W. Ryan, IV
Represented By: Gina L Durham
Represented By: Melissa Anne Reinckens
Represented By: Nikkya Williams
Represented By: Stanley J Panikowski, III
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Counter defendant: Shawne Merriman
Represented By: Ben Lewis Wagner
Represented By: Mina Nasseri
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