Bobrick Washroom Equipment v. American Specialties, Inc.
Appellant: BOBRICK WASHROOM EQUIPMENT, INC., a California Corporation
Counter Claimant: AMERICAN SPECIALTIES, INC., a New York Corporation
Case Number: 12-56653
Filed: September 7, 2012
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Trademark
Docket Report

This docket was last retrieved on April 21, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 21, 2014 Filing 45 MANDATE ISSUED.(HP, RAP and ADH) Costs taxed against Appellant in the amount of $3,551.60. [9065463] [12-56653, 13-55471] (RR) [Entered: 04/21/2014 11:30 AM]
March 28, 2014 Filing 44 Filed (ECF) Appellee American Specialties, Inc. in 12-56653, 13-55471 bill of costs (Form 10) in the amount of 3,551.6 USD. Date of service: 03/28/2014 [9036506] [12-56653, 13-55471]--[COURT UPDATE: Edited docket text to reflect correct party filers. Resent NDA. 03/31/2014 by RY] (Thurston, Adam) [Entered: 03/28/2014 04:27 PM]
March 26, 2014 Filing 43 FILED MEMORANDUM DISPOSITION (HARRY PREGERSON, RICHARD A. PAEZ and ANDREW D. HURWITZ) AFFIRMED. FILED AND ENTERED JUDGMENT. [9031874] [12-56653, 13-55471] (PH) [Entered: 03/26/2014 10:29 AM]
March 3, 2014 Filing 42 ARGUED AND SUBMITTED TO HARRY PREGERSON, RICHARD A. PAEZ and ANDREW D. HURWITZ. [8998976] [12-56653, 13-55471] (BG) [Entered: 03/03/2014 11:40 AM]
January 6, 2014 Filing 41 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Joshua Briones for Appellant Bobrick Washroom Equipment, Inc., Mr. Darius C. Gambino, Esquire for Appellant Bobrick Washroom Equipment, Inc. and Carl W. Hittinger, Esquire for Appellant Bobrick Washroom Equipment, Inc. in 12-56653. [8925505] [12-56653, 13-55471] (Briones, Joshua) [Entered: 01/06/2014 09:43 AM]
January 2, 2014 Filing 40 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Adam J. Thurston, Esquire for Appellee American Specialties, Inc. in 12-56653. [8923333] [12-56653, 13-55471] (Thurston, Adam) [Entered: 01/02/2014 04:22 PM]
January 2, 2014 Filing 39 Notice of Oral Argument on MARCH Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: PASADENA Office. Please open attached documents to view details about your case. [8921927] [12-56653, 13-55471] (LN) [Entered: 01/02/2014 09:24 AM]
October 9, 2013 Filing 38 Received 7 paper copies of Reply brief [ # 34 ] filed by Bobrick Washroom Equipment, Inc.. [8815128] [12-56653, 13-55471] (SD) [Entered: 10/09/2013 10:51 AM]
October 7, 2013 Filing 37 Received 7 paper copies of Answering brief [ # 20 ] filed by American Specialties, Inc. [8812246] [12-56653, 13-55471] (SD) [Entered: 10/07/2013 04:00 PM]
October 7, 2013 Filing 36 Filed Appellee American Specialties, Inc. in 12-56653, 13-55471 paper copies of supplemental excerpts of record [ # 21 ] in 13 volumes. [8811846] [12-56653, 13-55471] (CT) [Entered: 10/07/2013 02:39 PM]
October 4, 2013 Filing 35 Filed clerk order: The reply brief [ # 34 ] submitted by Bobrick Washroom Equipment, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8809235] [12-56653, 13-55471] (CT) [Entered: 10/04/2013 09:00 AM]
October 3, 2013 Filing 34 Submitted (ECF) Reply Brief for review. Submitted by Appellant Bobrick Washroom Equipment, Inc. in 12-56653, 13-55471. Date of service: 10/03/2013. [8808058] [12-56653, 13-55471] (Briones, Joshua) [Entered: 10/03/2013 11:18 AM]
September 30, 2013 Filing 33 Filed clerk order: The answering brief [ # 20 ] submitted by American Specialties, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [ # 21 ] submitted by American Specialties, Inc. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8803284] [12-56653, 13-55471] (LA) [Entered: 09/30/2013 05:12 PM]
September 30, 2013 Filing 32 Filed order (Appellate Commissioner): Appellees opposed motion for leave to file an oversized answering brief consisting of 16,771 words is granted. The Clerk shall file the answering brief. Appellants opposed motion to strike appellees supplemental excerpts of record is referred to the merits panel for resolution. The reply brief is due within 14 days after the date of this order. (Pro Mo) [8801973] [12-56653, 13-55471] (MS) [Entered: 09/30/2013 11:44 AM]
September 20, 2013 Filing 31 Filed (ECF) Appellant Bobrick Washroom Equipment, Inc. in 12-56653, 13-55471 citation of supplemental authorities. Date of service: 09/20/2013. [8790844] [12-56653, 13-55471] (Briones, Joshua) [Entered: 09/20/2013 01:30 PM]
September 19, 2013 Filing 30 Filed (ECF) Appellee American Specialties, Inc. in 13-55471, 12-56653 citation of supplemental authorities. Date of service: 09/19/2013. [8789369] [13-55471, 12-56653] (Thurston, Adam) [Entered: 09/19/2013 02:01 PM]
September 10, 2013 Filing 29 Filed (ECF) Appellant Bobrick Washroom Equipment, Inc. in 13-55471, 12-56653 reply to response (to motion to strike portion or whole of document). Date of service: 09/10/2013. [8776622]--[COURT UPDATE: Edited docket text to reflect correct ECF event and party filer. Spread docket text to 13-55471. Resent NDA. 09/11/2013 by RY] (Briones, Joshua) [Entered: 09/10/2013 02:55 PM]
September 3, 2013 Filing 28 Filed (ECF) Appellee American Specialties, Inc. in 13-55471, 12-56653 response opposing motion (,motion to strike portion or whole of document). Date of service: 09/03/2013. [8766868] [13-55471, 12-56653] (Thurston, Adam) [Entered: 09/03/2013 04:24 PM]
August 29, 2013 Filing 27 Filed (ECF) Appellee American Specialties, Inc. in 12-56653, 13-55471 reply to response (,motion to file oversized brief). Date of service: 08/29/2013. [8763105] [12-56653, 13-55471] (Thurston, Adam) [Entered: 08/29/2013 08:53 PM]
August 22, 2013 Filing 26 Filed (ECF) Appellant Bobrick Washroom Equipment, Inc. in 13-55471, 12-56653 response opposing motion (,motion to file oversized brief). Date of service: 08/22/2013. [8753041] [13-55471, 12-56653] (Briones, Joshua) [Entered: 08/22/2013 02:14 PM]
August 21, 2013 Filing 25 Filed (ECF) Appellant Bobrick Washroom Equipment, Inc. in 12-56653, 13-55471 Motion to strike portion of Appelle's Supplemental Excerpts of Record Exhibit Nos. 6-8, 14-17, 104 and portions of Appellee's Brief Citing or referring to the same. Date of service: 08/21/2013. [8751621] [12-56653, 13-55471] (Briones, Joshua) [Entered: 08/21/2013 03:04 PM]
August 20, 2013 Filing 24 Streamlined request [23] by Appellant Bobrick Washroom Equipment, Inc. in 12-56653, 13-55471 to extend time to file the brief is approved. Amended briefing schedule: The reply brief is due 09/18/2013. [8750286] [12-56653, 13-55471] (GS) [Entered: 08/20/2013 05:00 PM]
August 20, 2013 Filing 23 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Bobrick Washroom Equipment, Inc.. New requested due date is 09/18/2013. [8749727] (Briones, Joshua) [Entered: 08/20/2013 02:13 PM]
August 14, 2013 Filing 22 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 21 ]. Original Text: Submitted (ECF) supplemental excerpts of record. Submitted by Appellee American Specialties, Inc. in 12-56653, 13-55471. Date of service: 08/14/2013. [8743535] [12-56653, 13-55471] (Thurston, Adam) [Entered: 08/14/2013 06:15 PM]
August 14, 2013 Filing 21 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee American Specialties, Inc. in 12-56653, 13-55471. Date of service: 08/14/2013. [8743531] [12-56653, 13-55471]--[COURT UPDATE: Attached Volumes 1-2, 10-13. Resent NDA. 08/16/2013 by RY] (Thurston, Adam) [Entered: 08/14/2013 05:57 PM]
August 14, 2013 Filing 20 Submitted (ECF) Answering brief for review and filed Motion to file oversized brief. Submitted by Appellee American Specialties, Inc. in 12-56653, 13-55471. Date of service: 08/14/2013. [8743468] [12-56653, 13-55471]--[COURT UPDATE: Removed excerpts (reattached to correct entry: [ # 21 ]). Edited docket text to reflect content of filing. Resent NDA. 08/16/2013 by RY] (Thurston, Adam) [Entered: 08/14/2013 04:59 PM]
July 2, 2013 Filing 19 Streamlined request [18] by Appellee American Specialties, Inc. in 12-56653, 13-55471 to extend time to file the brief is approved. Amended briefing schedule: Appellee American Specialties, Inc. answering brief due 08/14/2013. The optional reply brief is due 14 days from the date of service of the answering brief. [8689426] [12-56653, 13-55471] (GS) [Entered: 07/02/2013 02:15 PM]
July 2, 2013 Filing 18 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee American Specialties, Inc. in 12-56653, 13-55471. New requested due date is 08/14/2013. [8688907] [12-56653, 13-55471] (Thurston, Adam) [Entered: 07/02/2013 10:49 AM]
June 19, 2013 Filing 17 Received 7 paper copies of Opening brief [ # 14 ] filed by Bobrick Washroom Equipment, Inc.. [8674046] [12-56653, 13-55471] (SD) [Entered: 06/19/2013 02:09 PM]
June 19, 2013 Filing 16 Filed Appellant Bobrick Washroom Equipment, Inc. paper copies of excerpts of record [ # 14 ] in 29 volume(s). [8673771] [12-56653, 13-55471] (LA) [Entered: 06/19/2013 12:21 PM]
June 14, 2013 Filing 15 Filed clerk order: The opening brief [ # 14 ] submitted by Bobrick Washroom Equipment, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [ # 14 ] submitted by Bobrick Washroom Equipment, Inc. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8667951] [12-56653, 13-55471] (GV) [Entered: 06/14/2013 10:48 AM]
June 13, 2013 Filing 14 Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellant Bobrick Washroom Equipment, Inc.. Date of service: 06/13/2013. [8666682]--[COURT UPDATE: Attached corrected brief. Spread docket text to consolidated case 12-56653. Resent NDA. 06/14/2013 by RY] (Briones, Joshua) [Entered: 06/13/2013 01:01 PM]
March 25, 2013 Filing 13 Filed order MEDIATION (MAC): This case is released from the Mediation Program. All further inquiries regarding these appeals, including requests for extensions of time, should be directed to the Clerks office. Pursuant to the parties oral stipulation, these appeals are consolidated. The briefing schedule set forth in this courts January 16, 2013 order governs the briefing of these consolidated appeals. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions while the appeals are pending. [8563390] [12-56653, 13-55471] (SAM) [Entered: 03/25/2013 02:43 PM]
March 7, 2013 Filing 12 Filed order MEDIATION (MAC): On March 5, 2013, a telephone conference was held with Circuit Mediator Margaret A. Corrigan. Darius C. Gambino, Esq. and Carl W. Hittinger, Esq. participated on behalf of appellant; Henry Shields, Esq. and Adam J. Thurston, Esq. participated on behalf of appellee. By March 13, 2013, counsel for appellant shall serve by email on appellees counsel, with a copy to the Circuit Mediator, the information discussed during the March 5, 2013 conference call. The court will initiate a further conference with counsel for appellee only on March 21, 2013, at 10:00 a.m. Pacific Time. The court will initiate a further conference with counsel for appellant only on March 22, 2013, at 10:00 a.m. Pacific Time. [8540340] (WL) [Entered: 03/07/2013 07:21 AM]
February 28, 2013 Filing 11 Filed order MEDIATION (MAC): The court will initiate a further conference by telephone on March 5, 2013, at 10:30 a.m. Pacific Time (1:30 p.m. Eastern Time). [8530258] (WL) [Entered: 02/28/2013 08:03 AM]
January 16, 2013 Filing 10 Filed order MEDIATION (MAC): On January 15, 2013, a telephone conference was held with Circuit Mediator Margaret A. Corrigan. Darius C. Gambino, Esq. and Carl W. Hittinger, Esq. participated on behalf of appellant; Adam J. Thurston, Esq. participated on behalf of appellee. The briefing schedule is revised as follows: appellant shall file an opening brief on or before June 14, 2013; appellee shall file an answering brief on or before July 15, 2013; appellant may file an optional reply brief on or before July 29, 2013. [8475537] (WL) [Entered: 01/16/2013 07:56 AM]
January 11, 2013 Filing 9 Filed order MEDIATION (MAC):The court will initiate a further conference by telephone on January 15, 2013, at 11:00 a.m. Pacific Time (2:00 p.m. Eastern Time). [8471371] (KKW) [Entered: 01/11/2013 02:45 PM]
January 3, 2013 Filing 8 Added attorney Carl W. Hittinger for Bobrick Washroom Equipment, Inc., in case 12-56653. [8459574] (JFF) [Entered: 01/03/2013 11:04 AM]
January 2, 2013 Filing 7 Filed (ECF) notice of appearance of Carl W. Hittinger for Appellant Bobrick Washroom Equipment, Inc.. Date of service: 01/02/2013. [8458439] (Briones, Joshua) [Entered: 01/02/2013 02:55 PM]
January 2, 2013 Filing 6 Attorney David Abel in 12-56653 substituted by Attorney Joshua Briones in 12-56653 [8458207] (JFF) [Entered: 01/02/2013 01:42 PM]
January 2, 2013 Filing 5 Filed (ECF) notice of appearance of Joshua Briones for Appellant Bobrick Washroom Equipment, Inc.. Date of service: 01/02/2013. [8458073] (Briones, Joshua) [Entered: 01/02/2013 12:36 PM]
December 28, 2012 Filing 4 Filed order MEDIATION (BS): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a telephone settlement assessment conference, with counsel only, on January 8, 2013, at 11:00 a.m. Pacific Time (1:00 p.m. Central Time; 2:00 p.m. Eastern Time) to discuss whether this case is appropriate for participation in the Mediation Program. [8455218] (WL) [Entered: 12/28/2012 11:53 AM]
September 14, 2012 Filing 3 Filed (ECF) Appellant Bobrick Washroom Equipment, Inc. Mediation Questionnaire. Date of service: 09/14/2012. [8323841] (Abel, David) [Entered: 09/14/2012 10:41 AM]
September 10, 2012 Filing 2 Received notification from District Court re: payment of docket fee. Amount Paid: USD 455.00. Date paid: 09/07/2012. [8317366] (HH) [Entered: 09/10/2012 03:45 PM]
September 7, 2012 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Fee due from Appellant Bobrick Washroom Equipment, Inc. on 09/07/2012. Mediation Questionnaire due on 09/14/2012. Transcript ordered by 10/09/2012. Transcript due 01/07/2013. Appellant Bobrick Washroom Equipment, Inc. opening brief due 02/19/2013. Appellee American Specialties, Inc. answering brief due 03/21/2013. Appellant's optional reply brief is due 14 days after service of the answering brief. [8314917] (JN) [Entered: 09/07/2012 03:01 PM]

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Appellant: BOBRICK WASHROOM EQUIPMENT, INC., a California Corporation
Represented By: William L. Bartow
Represented By: Darius C. Gambino Esquire
Represented By: Carl W. Hittinger Esquire
Represented By: Jordan B. Kushner Esquire
Represented By: Joshua Briones
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Counter claimant: AMERICAN SPECIALTIES, INC., a New York Corporation
Represented By: Jeffrey T. Baravetto Esquire
Represented By: Darren Steven Cahr
Represented By: Pamela Graham
Represented By: Henry Shields Esquire Jr.
Represented By: Adam J. Thurston Esquire
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