Boba Inc. v. Blue Box OPCO LLC
| Boba Inc. |
| Blue Box OPCO LLC and Blue Box OPCO LLC doing business as Infantino |
| 3:2019cv00304 |
| February 12, 2019 |
| US District Court for the Southern District of California |
| Marilyn L Huff |
| Nita L Stormes |
| Patent |
| 35 U.S.C. § 0282 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 15, 2019. A more recent docket listing may be available from PACER.
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Filing 30
SCHEDULING ORDER: Telephonic Case Management Conference was held on 4/12/2019. Any motion to join other parties, to amend the pleadings, or to file additional pleadings must be filed by 5/17/2019. Joint Claim Construction Chart, Worksheet, and Hearing Statement to be filed by 7/12/2019. The parties to file opening briefs on 8/23/2019. The parties to file briefs responsive to the opposing party's opening briefs on 9/6/2019. Claims Construction Hearing set for 10/4/2019 10:00 AM before Judge Marilyn L. Huff. All motions, including motions addressing Daubert issues, but excluding earlier motions to amend or join parties and later motions in limine, must be filed by 3/27/2020. Any opposition must be filed by 4/10/2020. Any reply must be filed by 4/17/2020. Court schedules a motion hearing for 5/1/2020 10:00 AM. Memorandum of Contentions of Fact and Law due by 5/15/2020. Proposed Pretrial Order due by 6/5/2020. Final Pretrial Conference and Motion In Limine Hearing set for 6/12/2020 10:00 AM before Judge Marilyn L. Huff. All motions in limine must be filed by 5/15/2020. Any oppositions to the motions in limine must be filed by 5/29/2020. Any replies must be filed by 6/5/2020. Each side may file no more than 5 motions in limine. Court orders the parties to file proposed jury instructions by 6/22/2020. Status Conference set for 6/22/2020 10:30 AM before Judge Marilyn L. Huff. Jury Trial set for 6/23/2020 09:00 AM before Judge Marilyn L. Huff. Signed by Judge Marilyn L. Huff on 4/12/2019. (jah)
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Filing 29
ORDER granting Joint Request for Order Governing Discovery Electronically Stored Information re #21 Joint Hearing Statement, filed by Boba Inc.. Signed by Judge Marilyn L. Huff on 4/8/2019. (jah)
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Filing 28
PROTECTIVE ORDER. Court grants Joint Request for Protective Order #21 without prejudice to Court modifying this Order at a later time. Signed by Judge Marilyn L. Huff on 4/8/2019. (jah)
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| Filing 27 Minute Entry for proceedings held before Judge Marilyn L. Huff: Telephonic Case Management Conference held on 4/8/2019 and continued to 4/12/2019 10:30 AM before Judge Marilyn L. Huff. (Court Reporter/ECR Lynnette Lawrence). (Plaintiff Attorney Marisa Janine-Page). (Defendant Attorney Bridget Hoy; John Shepherd Kyle). (no document attached) (smy) |
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Filing 25
ORDER (1) Granting #22 Plaintiff's Motion to File Documents Under Seal; and (2) Directing the Clerk to File the #23 Proposed Documents Under Seal. Plaintiff seeks to seal the portions of this document pursuant to Patent Local Rule 2.2 because they contain sensitive confidential business and financial information of the parties. After reviewing the document in question, the Court concludes that good cause exists to seal the document. Accordingly, the Court grants Plaintiff's request to file the document under seal without prejudice to the Court modifying this order at a later time or using the information in a written order, and the Court directs the Clerk to file the proposed document under seal. Signed by Judge Marilyn L. Huff on 4/8/2019. (rmc)
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| Filing 24 MOTION to Dismiss for Failure to State a Claim and Strike Under Rule 12(f) by Boba Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Notice of Lodgment, #3 Exhibit 1 of NOL, #4 Exhibit 2 of NOL)(Janine-Page, Marisa) |
| Filing 23 ** Filed as Sealed Document 26 on 4/8/2019 ** SEALED LODGED Proposed Document re: #22 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Janine-Page, Marisa) (rmc). (Main Document 23 replaced on 4/9/2019) (rmc). Modified on 4/9/2019 to add file date of lodgment (rmc). |
| Filing 22 MOTION to File Documents Under Seal (With attachments)(Janine-Page, Marisa) QC mail sent on 4/5/2019 re signature not matching filer, not instructed to re-file (rmc). |
| Filing 21 JOINT HEARING STATEMENT by Boba Inc.. (Attachments: #1 Exhibit 1 to Joint CMC Statement ([Proposed] Joint Discovery Plan), #2 Exhibit A: Proposed Stipulation and Order Governing ESI Discovery, #3 Exhibit B: Proposed Protective Order), #4 Exhibit 2 to Joint CMC Statement (Joint Proposed Changes to Court's Tentative Schedule), #5 Proof of Service)(Janine-Page, Marisa). Modified on 4/1/2019 - Proposed Orders attached. Double wording for attachments. QC Email sent re double wording and to email Proposed Orders to Chambers. Edited attachment descriptions (jah). |
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Filing 20
ORDER Setting Telephonic Case Management Conference and Issuing Tentative Scheduling Order. Telephonic Case Management Conference set for 4/8/2019 10:30 AM before Judge Marilyn L. Huff. In light of the scheduled case management conference, Court issues a tentative scheduling order. The parties must jointly file their discovery plan pursuant to FRCP 26(f) and Patent Local Rule 2.1(b) by 4/29/2019. The parties must meet and confer, and if necessary, jointly submit any proposed changes to the tentative schedule by 3/29/2019. Signed by Judge Marilyn L. Huff on 3/22/2019. (jah)
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Filing 19
NOTICE AND ORDER for Early Neutral Evaluation Conference in a Patent Case. Early Neutral Evaluation set for 5/22/2019 09:30 AM before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 5/15/2019. (jah)
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| Filing 18 Notice of Appearance by John S. Kyle specially appearing as local counsel on behalf of Blue Box OPCO LLC (Kyle, John). Modified on 3/15/2019 - Wrong event. QC Email sent. Corrected text (jah). |
| Filing 17 ANSWER to #1 Complaint, with Jury Demand, COUNTERCLAIM against Boba Inc. by Blue Box OPCO LLC.(Janoski, Frank). Modified on 3/15/2019 - Missing caption for Counterclaim. QC Email sent re L.R. 5.1.m (jah). |
| Filing 16 Notice of Appearance by Chris R. Schmidt on behalf of Boba Inc.. (Schmidt, Christopher). Attorney Christopher R. Schmidt added to party Boba Inc. (pty:pla). Modified on 3/15/2019 - Wrong event, not a Motion. QC Email sent. Motion and judge association termed. Corrected text (jah). |
| Filing 15 PRO HAC APPROVED re #13 : Frank Janoski appearing for Defendant Blue Box OPCO LLC. (no document attached) (mdc) |
| Filing 14 PRO HAC APPROVED re #12 : Bridget Hoy appearing for Defendant Blue Box OPCO LLC. (no document attached) (mdc) |
| Filing 13 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12297961.) (Application to be reviewed by Clerk.) (Janoski, Frank) (mdc) |
| Filing 12 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12296436.) (Application to be reviewed by Clerk.) (Hoy, Bridget) (mdc) |
| Filing 11 PRO HAC APPROVED: Adam P. Seitz appearing for Plaintiff Boba Inc. (no document attached) (dsn) |
| Filing 10 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12244999.) (Application to be reviewed by Clerk.) (Seitz, Adam) (dsn) |
| Filing 9 SUMMONS Returned Executed by Boba Inc.. Blue Box OPCO LLC served. (Janine-Page, Marisa). (jah). |
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Filing 7
ORDER (1) Granting #3 Plaintiffs' Motion to File Documents Under Seal; and (2) Directing the Clerk to File the #4 Proposed Documents Under Seal. The Court grants Plaintiff's request to file the documents under seal without prejudice to the Court modifying this order at a later time or using the information in a written order, and the Court directs the Clerk to file the proposed documents under seal. Signed by Judge Marilyn L. Huff on 2/19/2019. (rmc)
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| Filing 6 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. (rmc) |
| Filing 5 REPORT on the filing or determination of an action regarding patent and/or trademark number *7,766,199* cc:USPTO (rmc) |
| Filing 4 ** Filed as Sealed Document 8 on 2/19/2019 ** SEALED LODGED Proposed Document re: #3 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(rmc) (Main Document 4 replaced on 2/19/2019) (rmc). Modified on 2/19/2019 to add file date of lodgment (rmc). |
| Filing 3 MOTION to File Documents Under Seal by Plaintiff Boba Inc. (With attachments)(rmc) |
| Filing 2 NOTICE of Party With Financial Interest by Boba Inc. No Parties With Financial Interest. (rmc) |
| Filing 1 Redacted COMPLAINT with Jury Demand against Blue Box OPCO LLC (Filing fee $400 receipt number CAS109117), filed by Boba Inc. (Attachments: #1 Civil Cover Sheet, #2 Redacted Exhibits A and B)The new case number is 3:19-cv-304-H-NLS. Judge Marilyn L. Huff and Magistrate Judge Nita L. Stormes are assigned to the case. (Janine-Page, Marisa)(rmc) |
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