SunPower Corporation v. Sunpower California, LLC et al
Plaintiff: SunPower Corporation
Defendant: Sunpower California, LLC, Green Tech Solar, LLC California limited liability company doing business as Sunpower California, Benjamin Jackson and Green Tech Solar, LLC doing business as Sunpower California
Counter Claimant: Green Tech Solar, LLC
Case Number: 3:2021cv00375
Filed: March 3, 2021
Court: US District Court for the Southern District of California
Presiding Judge: Cathy Ann Bencivengo
Referring Judge: Michael S Berg
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement (Lanham Act)
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 4, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 4, 2022 Filing 68 CONSENT JUDGMENT PERMANENT INJUNCTION. Signed by Judge Cathy Ann Bencivengo on 8/4/2022.(anh)
August 1, 2022 Filing 67 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Telephonic Motion Hearing held on 8/1/2022 re #64 Joint MOTION to Approve Consent Judgment and Permanent Injunction filed by SunPower Corporation. For reasons stated on the record, an amended proposed judgment shall be submitted to the court.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Jered Matthysse and Sean Sullivan). (Defendant Attorney Austin Richardson). (no document attached) (lmh)
July 28, 2022 Filing 66 MINUTE ORDER: It is hereby ORDERED that a telephonic hearing regarding the parties joint motion to approve consent judgment and permanent injunction [Doc. No. #64 ] will be held on August 1, 2022 at 9:30 a.m. Counsel shall connect through the Courts teleconference line at (888) 398-2342, access code 1749358.It is SO ORDERED.(anh)
July 26, 2022 Opinion or Order Filing 65 ORDER Vacating Settlement Disposition Conference. Signed by Magistrate Judge Michael S. Berg on 7/26/2022.(anh)
July 26, 2022 Filing 64 Joint MOTION to Approve Consent Judgment and Permanent Injunction by SunPower Corporation. (Attachments: #1 Exhibit A - Consent Judgment and Permanent Injunction, #2 Exhibit B - Defendants' Statement of Consent to Entry of Consent Judgment and Permanent Injunction)(Matthysse, Jered) (anh).
June 24, 2022 Opinion or Order Filing 63 Order Confirming Settlement and Setting Deadline to File Joint Motion to Approve Consent Judgment. Signed by Magistrate Judge Michael S. Berg on 6/24/2022.(anh)
June 24, 2022 Filing 62 Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Mandatory Settlement Conference held on 6/24/2022. The parties settled the case and the terms of their confidential settlement were placed on the record. Order to follow. (Plaintiff Attorney Jared Matthysse). (Defendant Attorney Austin Richard). (no document attached) (jxb)
June 15, 2022 Opinion or Order Filing 61 ORDER Granting Joint Motion to Vacate Telephonic Case Management Conference [ECF NO. #60 ]. Signed by Magistrate Judge Michael S. Berg on 6/15/2022. (anh)
June 14, 2022 Filing 60 Joint MOTION to Vacate 48 Case Management Conference,,, Set Hearings,, by SunPower Corporation. (Sullivan, Sean) (anh).
June 8, 2022 Filing 59 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 5/25/2022 before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. 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 6/29/2022. Redacted Transcript Deadline set for 7/11/2022. Release of Transcript Restriction set for 9/6/2022. (akr)
May 25, 2022 Opinion or Order Filing 58 ORDER on Motions for Summary Judgment [Doc. Nos. #49 , #50 ]. Signed by Judge Cathy Ann Bencivengo on 5/25/2022. (anh)
May 25, 2022 Filing 57 Minute Order for proceedings held before Judge Cathy Ann Bencivengo:Motion Hearing held on 5/25/2022 re #49 MOTION for Summary Judgment filed by SunPower Corporation, #50 MOTION for Summary Judgment filed by Benjamin Jackson, Sunpower California, LLC, Green Tech Solar, LLC ; Motions Submitted #49 MOTION for Summary Judgment , #50 MOTION for Summary Judgment . Order to follow. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Giulio Yaquinto and Jered Matthysse).(Defendant Attorney Austin Richarson and Stephen Lobbin). (no document attached) (lmh)
May 9, 2022 Filing 56 MINUTE ORDER: It is hereby ORDERED that a hearing on the parties motions for summary judgment [Doc. Nos. #49 , #50 ] is set for May 25, 2022, at 2:00 p.m. in Courtroom 15A, 333 West Broadway, San Diego, CA 92101.(anh)
May 2, 2022 Filing 55 REPLY to Response to Motion re #50 MOTION for Summary Judgment filed by Green Tech Solar, LLC, Benjamin Jackson, Sunpower California, LLC. (Richardson, Austin) (anh).
April 29, 2022 Filing 54 REPLY to Response to Motion re #49 MOTION for Summary Judgment filed by SunPower Corporation. (Matthysse, Jered) (anh).
April 25, 2022 Filing 53 RESPONSE to Motion re #50 MOTION for Summary Judgment on Laches filed by SunPower Corporation. (Sullivan, Sean) (anh).
April 22, 2022 Filing 52 RESPONSE in Opposition re #49 MOTION for Summary Judgment filed by Green Tech Solar, LLC, Benjamin Jackson, Sunpower California, LLC. (Attachments: #1 Declaration Benjamin Jackson Declaration, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J)(Richardson, Austin) (anh).
April 6, 2022 Filing 51 AMENDED DOCUMENT by Green Tech Solar, LLC, Benjamin Jackson, Sunpower California, LLC. Amendment to #50 MOTION for Summary Judgment Amended Declaration and Exhibit List. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit C, #3 Exhibit Exhibit D, #4 Exhibit Exhibit E, #5 Exhibit Exhibit F)(Richardson, Austin) (anh).
April 4, 2022 Filing 50 MOTION for Summary Judgment by Green Tech Solar, LLC, Benjamin Jackson, Sunpower California, LLC. (Attachments: #1 Declaration Benjamin Jackson Declaration, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E)(Richardson, Austin)Attorney Austin John Richardson added to party Green Tech Solar, LLC(pty:dft), Attorney Austin John Richardson added to party Benjamin Jackson(pty:dft), Attorney Austin John Richardson added to party Sunpower California, LLC(pty:dft)(axc).
April 1, 2022 Filing 49 MOTION for Summary Judgment by SunPower Corporation. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit A - Declaration of Gayla Whinery, #3 Exhibit 1 (to Whinery Decl.), #4 Exhibit 2 (to Whinery Decl.), #5 Exhibit B - Declaration of Diana Rausa, #6 Exhibit 1 (to Rausa Decl.), #7 Exhibit 2 (to Rausa Decl.), #8 Exhibit 3, Part 1 (to Rausa Decl.), #9 Exhibit 3, Part 2 (to Rausa Decl.), #10 Exhibit 3, Part 3 (to Rausa Decl.), #11 Exhibit 4 (to Rausa Decl.), #12 Exhibit 5 (to Rausa Decl.), #13 Exhibit 6 (to Rausa Decl.), #14 Exhibit 7 (to Rausa Decl.), #15 Exhibit 8 (to Rausa Decl.), #16 Exhibit 9 (to Rausa Decl.), #17 Exhibit 10 (to Rausa Decl.), #18 Exhibit 11 (to Rausa Decl.), #19 Exhibit 12 (to Rausa Decl.), #20 Exhibit 13 (to Rausa Decl.), #21 Exhibit 14 (to Rausa Decl.), #22 Exhibit 15 (to Rausa Decl.), #23 Exhibit 16 (to Rausa Decl.), #24 Exhibit 17 (to Rausa Decl.), #25 Exhibit 18 (to Rausa Decl.), #26 Exhibit 19 (to Rausa Decl.), #27 Exhibit 20 (to Rausa Decl.), #28 Exhibit 21 (to Rausa Decl.), #29 Exhibit 22 (to Rausa Decl.), #30 Exhibit 23 (to Rausa Decl.), #31 Exhibit 24 (to Rausa Decl.), #32 Exhibit 25 (to Rausa Decl.))(Matthysse, Jered) (axc).
March 3, 2022 Filing 48 Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Telephonic Case Management Conference held on 3/3/2022. Further telephonic Case Management Conference SET for 6/16/2022, at 10:30 AM before Magistrate Judge Michael S. Berg. Plaintiff's counsel is ORDERED to arrange the joint call to Judge Berg's chambers at (619) 557-6632. (Plaintiff Attorneys Jered Matthysse; Giulio Yaquinto). (Defendant Attorneys Austin Richarson; Stephen Lobbin). (no document attached) (jxb)
December 28, 2021 Filing 47 Minute Order: In light of Defendants/Counterclaimants' notice of voluntary dismissal of their counterclaims [Doc. No. #45 ], it is hereby ORDERED that Plaintiff/Counterdefendant's motion to dismiss the second amended counterclaims [Doc. No. #44 ] is DENIED AS MOOT. However, because this was the third attempt to assert counterclaims after the Court granted motions to dismiss the first two attempts, it is ORDERED that the counterclaims are DISMISSED WITH PREJUDICE. It is further ORDERED that the request for attorneys' fees is DENIED. It is SO ORDERED.(fth)
December 27, 2021 Filing 46 RESPONSE in Opposition re #44 MOTION to Dismiss for Failure to State a Claim Second Amended Counterclaims and for Attorneys' Fees filed by Green Tech Solar, LLC, Benjamin Jackson, Sunpower California, LLC. (Lobbin, Stephen) (anh).
December 24, 2021 Filing 45 NOTICE of Voluntary Dismissal by Green Tech Solar, LLC, Benjamin Jackson, Sunpower California, LLC re Counterclaims (Lobbin, Stephen)
December 3, 2021 Filing 44 MOTION to Dismiss for Failure to State a Claim Second Amended Counterclaims and for Attorneys' Fees by SunPower Corporation. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Jered Matthysse, #3 Memo of Points and Authorities A, #4 Exhibit B)(Matthysse, Jered)
December 3, 2021 Filing 43 Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Telephonic Case Management Conference held on 12/3/2021. Further Telephonic Case Management Conference SET for 3/3/2022, at 11:00 AM before Magistrate Judge Michael S. Berg. Plaintiff's counsel is ORDERED to arrange the joint call to Judge Berg's chambers at (619) 557-6632. (Plaintiff Attorneys Jered Matthysse; Giulio Yaquinto). (Defendant Attorney Austin Richardson). (no document attached) (jxb) Modified on 12/3/2021 to correct date NEF regenerated per chambers(sxa).
November 19, 2021 Filing 42 ANSWER to #1 Complaint, with Jury Demand , Amended COUNTERCLAIM (Second Amended) against All Plaintiffs by Benjamin Jackson, Sunpower California, LLC, Green Tech Solar, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Lobbin, Stephen) (anh).
November 5, 2021 Opinion or Order Filing 41 ORDER Regarding Plaintiff Sunpower Corporation's Motion to Dismiss Defendants' First Amended Counterclaims and for Attorneys' Fees [Doc. No. #33 ]. Signed by Judge Cathy Ann Bencivengo on 11/5/2021.(anh)
November 5, 2021 Filing 40 Minute Order for proceedings held before Judge Cathy Ann Bencivengo: Motion Hearing held on 11/5/2021 re #33 MOTION to Dismiss Defendants' First Amended Counterclaims and for Attorneys' Fees filed by SunPower Corporation. The motion is granted with leave to amend. Order to follow. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Sean Sullivan, Jered Mathysse and Giulio Yaquinto).(Defendant Attorney Stephen Lobbin and Austin Richardson). (no document attached) (lmh)
October 26, 2021 Filing 39 Minute Order: An in-person hearing will be held with regard to Plaintiffs Motion to Dismiss Defendants First Amended Counterclaims [Doc. No. #33 ] on November 5, 2021, at 2:00 p.m. in Courtroom 15A, 333 West Broadway, San Diego, CA 92101. The Courts tentative ruling is attached to this minute order. (Attachments: #1 Tentative Ruling)(anh)
September 10, 2021 Filing 38 REPLY to Response to Motion re #33 MOTION to Dismiss Defendants' First Amended Counterclaims and for Attorneys' Fees filed by SunPower Corporation. (Matthysse, Jered) (anh).
September 10, 2021 Filing 37 Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Telephonic Case Management Conference held on 9/10/2021. Further telephonic Case Management Conference SET for 12/3/2021, at 2:00 PM before Magistrate Judge Michael S. Berg. Counsel for Plaintiff is ORDERED to arrange the conference call to Judge Berg's chambers at (619) 557-6632.(Plaintiff Attorneys Jered Matthysse; Giulio Yaquinto). (Defendant Attorneys Austin Richardson; Stephen Lobbin). (no document attached) (jxb)
September 3, 2021 Filing 36 RESPONSE in Opposition re #33 MOTION to Dismiss Defendants' First Amended Counterclaims and for Attorneys' Fees filed by Green Tech Solar, LLC, Benjamin Jackson, Sunpower California, LLC. (Attachments: #1 Exhibit A)(Lobbin, Stephen)
September 2, 2021 Opinion or Order Filing 35 ORDER Granting Joint Motion to Extend Time for the Parties to Raise a Discovery Dispute [ECF No. #34 ]. Signed by Magistrate Judge Michael S. Berg on 9/2/2021. (anh)
September 1, 2021 Filing 34 Joint MOTION for Discovery To Extend Time for the Parties to Raise Discovery Dispute by SunPower Corporation. (Sullivan, Sean) (anh).
August 13, 2021 Filing 33 MOTION to Dismiss Defendants' First Amended Counterclaims and for Attorneys' Fees by SunPower Corporation. (Attachments: #1 Memo of Points and Authorities, #2 Declaration & Exhibits A-C)(Sullivan, Sean)(anh).
July 30, 2021 Filing 32 ANSWER to #1 Complaint, with Jury Demand , Amended COUNTERCLAIM against SunPower Corporation by Benjamin Jackson, Green Tech Solar, LLC, Sunpower California, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lobbin, Stephen) (anh).
July 12, 2021 Opinion or Order Filing 31 Protective Order. Signed by Magistrate Judge Michael S. Berg on 7/9/2021. (anh)
July 9, 2021 Filing 30 Joint MOTION for Protective Order by SunPower Corporation. (Sullivan, Sean) (anh).
July 2, 2021 Opinion or Order Filing 29 ORDER granting with Leave to Amend #21 Motion to Dismiss Defendants' Counterclaims. Defendants shall have until July 30, 2021to file amended counterclaims. Signed by Judge Cathy Ann Bencivengo on 7/2/2021. (sjt)
June 23, 2021 Filing 28 Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Zoom Settlement Conference held on 6/23/2021; the case did not settle. (Plaintiff Attorney Jered Matthysse). (Defendant Attorney Austin Richardson). (no document attached) (jxb)
June 18, 2021 Filing 27 REPLY to Response to Motion re #21 MOTION to Dismiss for Failure to State a Claim Defendants' Counterclaims (Dkt. 19) filed by SunPower Corporation. (Matthysse, Jered) (anh).
June 11, 2021 Filing 26 RESPONSE in Opposition re #21 MOTION to Dismiss for Failure to State a Claim Defendants' Counterclaims (Dkt. 19) filed by Green Tech Solar, LLC, Benjamin Jackson, Sunpower California, LLC. (Attachments: #1 Exhibit A)(Lobbin, Stephen) (anh).
June 10, 2021 Opinion or Order Filing 25 Corrected Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings. Signed by Magistrate Judge Michael S. Berg on 6/10/2021.(anh)
June 10, 2021 Opinion or Order Filing 24 SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. Signed by Magistrate Judge Michael S. Berg on 6/9/2021.(anh)
June 9, 2021 Filing 23 Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Zoom Early Neutral Evaluation Conference held on 6/9/2021,settlement negotiations are ongoing. Zoom Case Management Conference held on 6/9/2021; scheduling order to follow. (Plaintiff Attorney Jared Matthysse). (Defendant Attorneys Austin Richardson; Stephen Lobbin). (no document attached) (jxb)
June 2, 2021 Filing 22 REPORT of Rule 26(f) Planning Meeting. (Matthysse, Jered)
May 21, 2021 Filing 21 MOTION to Dismiss for Failure to State a Claim Defendants' Counterclaims (Dkt. 19) by SunPower Corporation. (Attachments: #1 Memo of Points and Authorities)(Matthysse, Jered) (anh).
May 3, 2021 Opinion or Order Filing 20 NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation set for 6/9/2021 at 9:30am. Joint Discovery Plan due 6/2/2021. Signed by Magistrate Judge Michael S. Berg on 5/03/2021.(jpp)
April 30, 2021 Filing 19 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against SunPower Corporation by Benjamin Jackson, Green Tech Solar, LLC, Sunpower California, LLC. (Attachments: #1 Exhibit)(Lobbin, Stephen)Attorney Stephen M. Lobbin added to party Green Tech Solar, LLC(pty:dft), Attorney Stephen M. Lobbin added to party Benjamin Jackson(pty:dft), Attorney Stephen M. Lobbin added to party Sunpower California, LLC(pty:dft) (anh).
April 29, 2021 Filing 18 Clerk's ENTRY OF DEFAULT as to Green Tech Solar, LLC, Sunpower California, LLC (anh)
April 28, 2021 Filing 17 Request for Entry of Clerk Default against Sunpower California, LLC and Green Tech Solar, LLC d/b/a Sunpower California. (Attachments: #1 Declaration - of Jered E. Matthysse, #2 Exhibit 1 (to Matthysse Decl.), #3 Exhibit 2 (to Matthysse Decl.), #4 Exhibit 3 (to Matthysse Decl.))(Matthysse, Jered) (anh).
April 22, 2021 Opinion or Order Filing 16 ORDER Denying Motion for a More Definite Statement and Motion to Strike [Doc. No. #12 ]. Signed by Judge Cathy Ann Bencivengo on 4/21/2021. (All non-registered users served via U.S. Mail Service)(anh)
April 22, 2021 Filing 15 REPLY to Response to Motion re #12 MOTION for More Definite Statement MOTION to Strike filed by Green Tech Solar, LLC, Benjamin Jackson, Sunpower California, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lobbin, Stephen) (anh).
April 22, 2021 Filing 14 REPLY to Response to Motion re #12 MOTION for More Definite Statement MOTION to Strike filed by Green Tech Solar, LLC, Benjamin Jackson, Sunpower California, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lobbin, Stephen) (anh).
April 14, 2021 Filing 13 RESPONSE in Opposition re #12 MOTION for More Definite Statement MOTION to Strike filed by SunPower Corporation. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Matthysse, Jered) (anh).
March 22, 2021 Filing 12 MOTION for More Definite Statement, MOTION to Strike by Benjamin Jackson. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(anh)
March 19, 2021 Filing 11 SUMMONS Returned Executed by SunPower Corporation. Green Tech Solar, LLC served. (Matthysse, Jered) (anh).
March 19, 2021 Filing 10 SUMMONS Returned Executed by SunPower Corporation. Sunpower California, LLC served. (Matthysse, Jered) (anh).
March 19, 2021 Filing 9 SUMMONS Returned Executed by SunPower Corporation. Benjamin Jackson served. (Matthysse, Jered) (anh).
March 8, 2021 Filing 8 PRO HAC APPROVED: Giulio Ernesto Yaquinto appearing for Plaintiff SunPower Corporation (no document attached) (rmc)
March 8, 2021 Filing 7 PRO HAC APPROVED: Jered Evan Matthysse appearing for Plaintiff SunPower Corporation (no document attached) (rmc)
March 8, 2021 Filing 6 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15494685.) (Application to be reviewed by Clerk.) (Yaquinto, Giulio) (rmc).
March 8, 2021 Filing 5 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15494624.) (Application to be reviewed by Clerk.) (Matthysse, Jered) (rmc).
March 3, 2021 Filing 4 Corporate Disclosure Statement by SunPower Corporation identifying Corporate Parent Total SE for SunPower Corporation.. (Sullivan, Sean) (anh).
March 3, 2021 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. (mcb)
March 3, 2021 Filing 2 REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *2,690,090*, *3,582,037*, *3,929,715*, *4,845,006* cc:USPTO (mcb)
March 3, 2021 Filing 1 COMPLAINT with Jury Demand against Green Tech Solar, LLC, Benjamin Jackson, Sunpower California, LLC ( Filing fee $ 402 receipt number ACASDC-15479297.), filed by SunPower Corporation. (Attachments: #1 Civil Cover Sheet)The new case number is 3:21-cv-375-CAB-MSB. Judge Cathy Ann Bencivengo and Magistrate Judge Michael S. Berg are assigned to the case. (Sullivan, Sean)(mcb) (jcj).

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Defendant: Sunpower California, LLC
Represented By: Stephen M. Lobbin
Represented By: Austin John Richardson
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Defendant: Green Tech Solar, LLC California limited liability company doing business as Sunpower California
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Defendant: Benjamin Jackson
Represented By: Stephen M. Lobbin
Represented By: Austin John Richardson
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Defendant: Green Tech Solar, LLC doing business as Sunpower California
Represented By: Stephen M. Lobbin
Represented By: Austin John Richardson
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Plaintiff: SunPower Corporation
Represented By: Sean Michael Sullivan
Represented By: Jered Evan Matthysse
Represented By: Giulio Ernesto Yaquinto
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Counter claimant: Green Tech Solar, LLC
Represented By: Stephen M. Lobbin
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