Lights Out Holdings, LLC et al v. Under Armour, Inc.
| Lights Out Holdings, LLC and Shawne Merriman |
| Under Armour, Inc. |
| Comerica Bank |
| 3:2017cv00194 |
| February 1, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| Los Angeles |
| Jill L Burkhardt |
| Gonzalo P Curiel |
| John A Houston |
| Nita L Stormes |
| Trademark |
| 15 U.S.C. § 1121 Trademark Infringement (jurisdiction) |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 5, 2017. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 41 REPORT of Patent and Trademark Closing, regarding patent and/or trademark number(s) 2,885,212, 3,990,916, re #40 Order Granting Joint Motion for Dismissal with Prejudice. cc:USPTO (mxn) |
Filing 40
ORDER granting #39 Joint Motion for Dismissal with prejudice. Signed by Judge John A. Houston on 10/03/2017. (jpp) (sjt).
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| Filing 39 Joint MOTION to Dismiss With Prejudice by Lights Out Holdings, LLC, Shawne Merriman. (Skale, Andrew) (jpp). |
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Filing 38
ORDER granting #37 Joint Motion to modify briefing schedule re motion to dismiss. Deadline to Oppose Defendants Motion to Dismiss or File Amended Complaint due 10/9/2017. Reply Brief in Support of Defendants Motion to Dismissdue 10/16/2017. Motion Hearing set for 10/23/2014 02:30 AM in Courtroom 13B before Judge John A. Houston.. Signed by Judge John A. Houston on 9/14/2017. (jpp)
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| Filing 37 Joint MOTION to Continue /Modify Schedule re Motion to Dismiss (ECF No. 37) by Lights Out Holdings, LLC, Shawne Merriman. (Skale, Andrew) (jpp). |
| Filing 36 SUPPLEMENTAL DOCUMENT by Comerica Bank re #35 Notice (Other) Statement of Date on Which Notice of Lien was Filed. (Hemar, Peter) (jpp). |
| Filing 35 NOTICE OF LIEN by Comerica Bank (Hemar, Peter)Attorney Peter Steven Hemar added to party Comerica Bank(pty:clm) (jpp). |
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Filing 34
ORDER granting #33 Joint Motion to Continue motion to dismiss deadlines. Deadline to Oppose Defendants Partial Motion to Dismiss or File Amended Complaint due 9/04/2017. Reply Brief in Support of Defendants Motion to Dismiss due 9/11/2017. Hearing on Defendants Motion to Dismiss continued to 9/18/2017 at 2:30pm. Signed by Judge John A. Houston on 7/20/2017. (jpp)
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| Filing 33 Joint MOTION to Continue Motion to Dismiss Deadlines by Lights Holdings, LLC, Shawne Merriman. (Deagle, Wynter) (jpp). |
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Filing 32
ORDER denying as moot #8 Motion to Dismiss Plaintiffs' original complaint. Signed by Judge John A. Houston on 6/16/2017. (jpp) Modified on 6/16/2017 to replace image, nef resent to all parties. (jpp).
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| Filing 31 MOTION to Dismiss for Failure to State a Claim by Under Armour, Inc.. (Attachments: #1 Memorandum of Points and Authorities in support of Under Armour's Partial Motion to Dismiss the First Amended Complaint)(Lucas, Stephen) (jpp). |
| Filing 30 ANSWER to #29 Amended Complaint with Jury Demand by Under Armour, Inc..(Lucas, Stephen) (jpp). |
| Filing 29 AMENDED COMPLAINT with Jury Demand against Under Armour, Inc., filed by Lights Out Holdings, LLC, Shawne Merriman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Skale, Andrew) (jpp). |
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Filing 28
ORDER granting #27 Joint Motion to modify schedule re motion to dismiss (ECF NO. #8 ). Responses due by 5/17/2017. Replies due by 6/5/2017. Motion Hearing set for 6/19/2017 02:30 PM in Courtroom 13B before Judge John A. Houston.. Signed by Judge John A. Houston on 5/09/2017. (jpp)
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| Filing 27 Joint MOTION re #8 MOTION to Dismiss for Failure to State a Claim to Modify Briefing Schedule by Lights Out Holdings, LLC, Shawne Merriman. (Skale, Andrew) (jpp). |
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Filing 26
SCHEDULING ORDER regulating discovery and other pre-trial proceedings. Early Neutral Evaluation Conference held 4/26/2017. Mandatory Settlement Conference set for 5/9/2018 02:30 PM before Magistrate Judge Nita L. Stormes. Proposed Pretrial Order due by 6/2/2018. Final Pretrial Conference set for 7/9/2018 02:30 PM in Courtroom 13B before Judge John A. Houston.. Signed by Magistrate Judge Nita L. Stormes on 5/03/2017.(jpp)
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| Filing 25 Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Early Neutral Evaluation Conference held on 4/26/2017. Court made a settlement recommendation. Each party to notify chambers by 4/28/2017 regarding whether they agree to settle the case.(Plaintiff Attorney Andrew Skale). (Defendant Attorneys Doug Rettew, Stephen Lucas). (no document attached) (lkw) |
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Filing 24
ORDER granting #22 Joint ex parte motion to continue motion to dismiss deadlines. Opposition to Defendants Motion to Dismiss due May 10, 2017.Reply Brief in support of Defendants Motion to Dismiss due May 19, 2017Hearing on Defendants Motion to Dismiss is set for June 5, 2017 at 2:30pm. Signed by Judge John A. Houston on 3/22/2017. (jpp)
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| Filing 23 NOTICE of Appearance by Wynter L. Deagle on behalf of Lights Out Holdings, LLC, Shawne Merriman (Deagle, Wynter)Attorney Wynter L. Deagle added to party Lights Out Holdings, LLC(pty:pla), Attorney Wynter L. Deagle added to party Shawne Merriman(pty:pla) (jpp). |
| Filing 22 Joint MOTION to Continue Ex Parte to Continue Motion to Dismiss Deadlines by Lights Out Holdings, LLC, Shawne Merriman. (Skale, Andrew) (jpp). |
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Filing 21
NOTICE and ORDER: (1) Setting Early Neutral Evaluation Conference for 4/26/2017 at 9:30am; and (2) Vacating telephonic status conference set for 4/28/2017 at 9:30am. Signed by Magistrate Judge Nita L. Stormes on 3/14/2017.(jpp)
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| Filing 20 PRO HAC APPROVED: Douglas A. Rettew appearing for Defendant Under Armour, Inc. (no document attached) (kcm) |
| Filing 19 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9866159.) (Application to be reviewed by Clerk.) (Rettew, Douglas) |
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Filing 17
ORDER Granting #9 Defendant Under Armour, Inc.'s Motion to File Document Under Seal. Signed by Judge John A. Houston on 3/2/2017. (aef) (sjt).
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Filing 16
ORDER (1) Setting Rule 26 compliance; and (2) Notice of Telephonic Status Conference. Telephonic Status Conference set for 4/28/2017 at 9:30am. Signed by Magistrate Judge Nita L. Stormes on 2/28/2017.(jpp)
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| Filing 15 PRO HAC APPROVED: Danielle Wright appearing for Defendant Under Armour, Inc. (no document attached) (kcm) |
| Filing 14 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9849633.) (Application to be reviewed by Clerk.) (Wright, Danielle) (kcm). |
| Filing 13 PRO HAC APPROVED: Anna Balichina Naydonov appearing for Defendant Under Armour, Inc. (no document attached) (kcm) |
| Filing 12 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9848931.) (Application to be reviewed by Clerk.) (Naydonov, Anna) (kcm). |
| Filing 11 CERTIFICATE OF SERVICE by Under Armour, Inc. re #9 MOTION to File Documents Under Seal (Lucas, Stephen) (jpp). |
| Filing 10 ***FILED AS SEALED DOCUMENT ON 3/2/2017*** - SEALED LODGED Proposed Document re: #9 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Lucas, Stephen). (jah)(aef) |
| Filing 9 MOTION to File Documents Under Seal (With attachments)(Lucas, Stephen). Modified on 2/27/2017 - Proposed Order attached. Proof of Service has s/ of staff. QC Email sent to email Proposed Order to Chambers and to file Corrected Proof of Service (jah). |
| Filing 8 MOTION to Dismiss for Failure to State a Claim by Under Armour, Inc.. (Attachments: #1 Memo of Points and Authorities Memorandum of Points and Authorities ISO Under Armour, Inc.'s Partial Motion to Dismiss, #2 Declaration Anna Naydonov's Declaration and Exhibits ISO Under Armour, Inc.'s Partial Motion to Dismiss)(Lucas, Stephen) (jpp). |
| Filing 7 ANSWER to #1 Complaint, with Jury Demand by Under Armour, Inc..(Lucas, Stephen)Attorney Stephen D Lucas added to party Under Armour, Inc.(pty:dft) (jpp). |
| Filing 6 SUMMONS Returned Executed by Lights Out Holdings, LLC, Shawne Merriman. All Defendants served. (Skale, Andrew) (jpp). |
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Filing 5
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE: Case reassigned to Judge John A. Houston and Magistrate Judge Nita L. Stormes for all further proceedings. Judge Gonzalo P. Curiel, Magistrate Judge Jill L. Burkhardt no longer assigned to case. The new case number is 17cv194-JAH-NLS. Signed by Judge Gonzalo P. Curiel on 2/3/2017. Signed by Judge John Houston on 2/2/2017. (Related case: 3:14cv872-JAH-NLS) (mdc)
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| Filing 4 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. (mxn)(jao). |
| Filing 3 REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *2,885,212*, *3,990,916* cc:USPTO (mxn) (jao). |
| Filing 2 NOTICE OF RELATED CASE(S) by Lights Out Holdings, LLC, Shawne Merriman of case(s) 14cv0872-JAH (NLS). (mxn) (jao). |
| Filing 1 COMPLAINT with Jury Demand against Under Armour, Inc. (Filing fee $400 receipt number 0974-9776384.), filed by Lights Out Holdings, LLC, Shawne Merriman. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)The new case number is 3:17-cv-194-GPC-JLB. Judge Gonzalo P. Curiel and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Skale, Andrew)(mxn) (jao). |
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