LEGO A/S et al v. OYO Toys, Inc. et al
| Lego Systems, Inc., LEGO A/S and LEGO Juris A/S |
| Mars 2000, Inc. and OYO Toys, Inc. |
| 1:2020cv11632 |
| September 1, 2020 |
| US District Court for the District of Massachusetts |
| Marianne B Bowler |
| F Dennis Saylor |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 28, 2020. A more recent docket listing may be available from PACER.
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| Filing 72 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #68 Motion for Leave to Appear Pro Hac Vice Added Woo Sin Sean Park. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. ; granting #69 Motion for Leave to Appear Pro Hac Vice Added Elizabeth A. Alquist. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. ; granting #70 Motion for Leave to Appear Pro Hac Vice Added David McDaniel. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Halley, Taylor) |
| Filing 71 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 10/26/2020. Case called; hearing is conducted by telephone. Parties update court as to status; court extends current discovery Scheduling Order deadlines, and suspends the deadline for filing of joint pretrial memorandum, and trial date. Court conducts colloquy concerning interest in mediation. Defendant's Answer shall be filed bv 11/9/2020. Court sets further status conferences. Amended Scheduling Order Deadlines:Fact Discovery due: 3/1/2021Damages analysis due: 4/5/2021Plaintiffs' expert designations and reports due: 4/5/2021Depositions of such experts due: 5/17/2021Defendants' expert designations and reports due: 6/21/2021Depositions of all experts due: 8/9/2021Complete Discovery deadline: 8/9/2021Dispositive motions due: 10/4/2021 NOTICE OF HEARING(S):Status Conference set for 1/15/2021 at 3:10 PM in Remote Proceeding : Boston before Chief Judge F. Dennis Saylor IV.Status Conference set for 8/11/2021 at 3:00 PM in Remote Proceeding : Boston before Chief Judge F. Dennis Saylor IV.These hearings shall be conducted remotely, by telephone only. Counsel of record will receive dial-in instructions at the email registered in CM/ECF. Access to the hearing will be made available to the media and public by way of teleconference. In order to gain access to the hearing via teleconference you must sign up at the following address: #https://https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact www.media@uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Alquist, Park, Handler, Holtz) (Bono, Christine) |
| Filing 70 MOTION for Leave to Appear Pro Hac Vice for admission of Woo Sin Sean Park Filing fee: $ 100, receipt number 0101-8480436 by LEGO A/S, LEGO Juris A/S, Lego Systems, Inc.. (Attachments: #1 Affidavit iso Motion to Admit Pro Hac Vice)(Handler, Jonathan) |
| Filing 69 MOTION for Leave to Appear Pro Hac Vice for admission of Elizabeth A. Alquist Filing fee: $ 100, receipt number 0101-8480383 by LEGO A/S, LEGO Juris A/S, Lego Systems, Inc.. (Attachments: #1 Affidavit iso Motion to Admit Pro Hac Vice)(Handler, Jonathan) |
| Filing 68 First MOTION for Leave to Appear Pro Hac Vice for admission of David McDaniel, Ethan R. Holtz Filing fee: $ 200, receipt number 0101-8479861 by LEGO A/S.(Shane, Thomas) |
| Filing 67 ELECTRONIC NOTICE of Hearing: Status Conference set for 10/26/2020 at 3:30 PM in Remote Proceeding: Boston before Chief Judge F. Dennis Saylor IV. This hearing shall be conducted remotely, by telephone only. Counsel of record will receive dial-in instructions at the email registered in CM/ECF. Access to the hearing will be made available to the media and public by way of teleconference. In order to gain access to the hearing via teleconference you must sign up at the following address: #https://https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact www.media@uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court.(Bono, Christine) |
| Filing 66 ELECTRONIC NOTICE of Case Reassignment. Chief Judge F. Dennis Saylor, IV assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Danieli, Chris) |
| Filing 65 Refusal to Consent to Proceed Before a US Magistrate Judge. . (Handler, Jonathan) |
| Filing 64 NOTICE of Appearance by Jonathan I. Handler on behalf of LEGO A/S, LEGO Juris A/S, Lego Systems, Inc. (Handler, Jonathan) |
| Filing 63 NOTICE of Case Assignment. Magistrate Judge Marianne B. Bowler assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Danieli, Chris) |
| Filing 62 Case transferred in from District of Connecticut; Case Number 3:19-cv-01610. |
Filing 61
ORDER granting in part and denying in part #40 Motion to Dismiss or to Transfer Venue. For the reasons stated in the attached order, the Court DENIES as moot OYO Toyss motion to dismiss for lack of personal jurisdiction, because the Court GRANTS its alternative motion to transfer venue to the District of Massachusetts. Accordingly, the Clerk of Court is respectfully directed to transfer this case to the United States District Court for the District of Massachusetts. Signed by Judge Victor A. Bolden on 7/17/2020. (Conde, Djenab)
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| Filing 60 Minute Entry for virtual proceedings held before Judge Victor A. Bolden: Telephonic Motion Hearing held on 7/15/2020 re #40 MOTION to Dismiss Amended Complaint (ECF No. 37) filed by OYO Toys, Inc. Total Time: 0 hours and 48 minutes (Court Reporter S. Montini.) (Conde, Djenab) |
| Filing 59 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Set/Reset Deadlines as to #40 MOTION to Dismiss Amended Complaint (ECF No. 37). Telephonic Motion Hearing set for 7/15/2020 11:00 AM before Judge Victor A. Bolden. Please adhere to the following instructions to connect. Dial-in Number: 1-888-808-6929Code: 9284309If you are prompted to enter a security code, please bypass it. (Conde, Djenab) |
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Filing 58
ORDER finding as moot #29 Motion to Dismiss in light of #40 Motion to Dismiss Amended Complaint. Signed by Judge Victor A. Bolden on 6/22/2020. (Conde, Djenab)
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Filing 57
ORDER finding as moot #41 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Victor A. Bolden on 6/5/2020. (Conde, Djenab)
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Filing 56
ORDER: Defendant Mars 2000, Inc., is dismissed with prejudice, and the Clerk of Court is respectfully directed to terminate Mars 2000, Inc. as a defendant from the case. Signed by Judge Victor A. Bolden on 6/5/2020.(Conde, Djenab)
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| Filing 55 STIPULATION of Dismissal of Mars 2000, Inc. with prejudice by LEGO A/S, LEGO Juris A/S, LEGO Systems, Inc.. (Alquist, Elizabeth) |
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Filing 54
ORDER granting #53 Motion for Extension of Time until June 4, 2020 for Plaintiffs to respond to #41 MOTION to Dismiss for Lack of Jurisdiction Or For Transfer to the District of Rhode Island. Signed by Judge Victor A. Bolden on 5/21/2020. (Conde, Djenab)
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| Filing 53 Third MOTION for Extension of Time until June 4, 2020 to respond to #41 MOTION to Dismiss for Lack of Jurisdiction Or For Transfer to the District of Rhode Island by LEGO A/S, LEGO Juris A/S, LEGO Systems, Inc.. (Alquist, Elizabeth) |
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Filing 52
ORDER granting #50 Motion for Extension of Time until May 21, 2020 for Plaintiffs to respond to #41 MOTION to Dismiss for Lack of Jurisdiction Or For Transfer to the District of Rhode Island. Signed by Judge Victor A. Bolden on 5/6/2020. (Conde, Djenab)
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| Filing 51 NOTICE of Appearance by Ethan Holtz on behalf of OYO Toys, Inc. (Holtz, Ethan) |
| Filing 50 Second MOTION for Extension of Time until May 21, 2020 to respond to #41 MOTION to Dismiss for Lack of Jurisdiction Or For Transfer to the District of Rhode Island by LEGO A/S, LEGO Juris A/S, LEGO Systems, Inc.. (Alquist, Elizabeth) |
| Filing 49 REPLY to Response to #40 MOTION to Dismiss Amended Complaint (ECF No. 37) filed by OYO Toys, Inc.. (Skalka, Douglas) |
| Filing 48 NOTICE of Appearance by David McDaniel on behalf of OYO Toys, Inc. (McDaniel, David) |
| Filing 47 Memorandum in Opposition re #40 MOTION to Dismiss Amended Complaint (ECF No. 37) filed by LEGO A/S, LEGO Juris A/S, LEGO Systems, Inc.. (Alquist, Elizabeth) |
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Filing 46
ORDER granting #44 Motion to Appear Pro Hac Vice as to Ethan Holtz and David S. McDaniel. Certificate of Good Standing due by 6/20/2020. Signed by Clerk on 04/21/2020. (Fazekas, J.)
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| Filing 45 AFFIDAVIT re #44 MOTION for Attorney(s) Ethan Holtz and David S. McDaniel to be Admitted Pro Hac Vice (paid $150 PHV fee; receipt number ACTDC-5811758) Signed By Ethan Holtz filed by OYO Toys, Inc.. (Skalka, Douglas) |
| Filing 44 MOTION for Attorney(s) Ethan Holtz and David S. McDaniel to be Admitted Pro Hac Vice (paid $150 PHV fee; receipt number ACTDC-5811758) by OYO Toys, Inc.. (Skalka, Douglas) |
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Filing 43
ORDER granting #42 Motion for Extension of Time to File Response/Reply re #41 MOTION to Dismiss for Lack of Jurisdiction Or For Transfer to the District of Rhode Island. Responses due by 5/7/2020. Signed by Judge Victor A. Bolden on 4/20/2020. (Conde, Djenab)
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| Filing 42 MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Dismiss for Lack of Jurisdiction Or For Transfer to the District of Rhode Island until May 7, 2020 by LEGO A/S, LEGO Juris A/S, LEGO Systems, Inc.. (Alquist, Elizabeth) |
| Filing 41 MOTION to Dismiss for Lack of Jurisdiction Or For Transfer to the District of Rhode Island by Mars 2000, Inc..Responses due by 4/23/2020 (Attachments: #1 Memorandum in Support of Motion to Dismiss Amended Complaint, #2 Affidavit Exhibit A Declaration of K. Jason Krikorian, #3 Exhibit Exhibit B)(Stankus, Sara) |
| Filing 40 MOTION to Dismiss Amended Complaint (ECF No. 37) by OYO Toys, Inc..Responses due by 4/21/2020 (Attachments: #1 Memorandum in Support)(Skalka, Douglas) |
| Filing 39 RESPONSE re #38 Memorandum in Opposition to Motion filed by OYO Toys, Inc.. (Attachments: #1 Exhibit)(Skalka, Douglas) |
| Filing 38 Memorandum in Opposition re #29 MOTION to Dismiss filed by LEGO A/S, LEGO Juris A/S, LEGO Systems, Inc.. (Alquist, Elizabeth) |
| Filing 37 AMENDED COMPLAINT against Mars 2000, Inc., OYO Toys, Inc., filed by LEGO A/S, LEGO Juris A/S, LEGO Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Alquist, Elizabeth) |
| Filing 36 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Post-Discovery Status Conference set for July 15, 2021, at 11:00 AM before Judge Victor A. Bolden. Once all parties are on the line, please call Chambers at 203-579-5562. (Leon, Noel) |
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Filing 35
SCHEDULING ORDER:Initial Disclosures due April 3, 2020 Amended pleadings and joinder of additional parties due July 10, 2020 Fact Discovery due January 29, 2021 Damages analysis due March 5, 2021 Plaintiffs' expert designations and reports due March 5, 2021 Depositions of such experts due April 16, 2021 Defendants' expert designations and reports due May 21, 2021 Depositions of all experts due July 9, 2021 Complete Discovery deadline July 9, 2021 Post-Discovery Telephonic Status Conference on July 15, 2021, at 11:00 a.m. Dispositive motions due September 3, 2021 Joint Trial Memorandum due October 1, 2021, or 30 days after the Court rules on any dispositive motionsTrial Ready by November 1, 2021, or 30 days after the submission of the Join Trial Memorandum. Signed by Judge Victor A. Bolden on 3/12/20. (Leon, Noel)
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| Filing 34 Minute Entry for proceedings held before Judge Victor A. Bolden: Telephonic Scheduling Conference held on 3/12/2020. Total Time: 5 minutes. A scheduling order will follow. (Court Reporter S. Montini.) (Leon, Noel) |
| Filing 33 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Scheduling Conference on the 26(f) Report set for March 12, 2020, at 3:30 PM before Judge Victor A. Bolden. Once all counsel are on the line, please call Chambers at 203-579-5562. (Leon, Noel) |
| Filing 32 REPORT of Rule 26(f) Planning Meeting. (Park, Woo) |
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Filing 31
ORDER granting #30 Motion for Extension of Time until April 2, 2020, for Defendant Mars 2000 to file an Answer or other response to the Complaint. An Answer or other responsive pleading must be filed by April 2, 2020, unless this case has been resolved. Signed by Judge Victor A. Bolden on 3/2/2020. (Leon, Noel)
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| Answer deadline updated for Mars 2000, Inc. to April 2, 2020. (Leon, Noel) |
| Filing 30 Joint MOTION for Extension of Time until April 2, 2020 Extension for Defendant to file an Answer or Responsive Pleading by Mars 2000, Inc.. (Stankus, Sara) |
| Filing 29 MOTION to Dismiss by OYO Toys, Inc..Responses due by 3/18/2020 (Attachments: #1 Memorandum in Support)(Skalka, Douglas) |
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Filing 28
ORDER granting #27 Motion for Extension of Time until March 6, 2020, to file a joint 26(f) report. Signed by Judge Victor A. Bolden on 2/24/2020. (Leon, Noel)
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| Filing 27 Joint MOTION for Extension of Time until March 6, 2020 to file Joint Rule 26(f) Report by LEGO A/S, LEGO Juris A/S, LEGO Systems, Inc.. (Brunau, Andraya) |
| Filing 26 NOTICE of Appearance by Andraya Pulaski Brunau on behalf of LEGO A/S, LEGO Juris A/S, LEGO Systems, Inc. (Brunau, Andraya) |
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Filing 25
ORDER granting #24 Motion for Extension of Time until March 3, 2020, for Defendant Mars 2000, Inc., to file an Answer or other responsive pleading. Signed by Judge Victor A. Bolden on 2/19/2020. (Leon, Noel)
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| Answer deadline updated for Mars 2000, Inc. to March 3, 2020. (Leon, Noel) |
| Filing 24 MOTION for Extension of Time until March 3, 2020 File Responsive Pleading to #1 Complaint, by Mars 2000, Inc.. (Stankus, Sara) |
| Filing 23 CERTIFICATE OF GOOD STANDING re #16 MOTION for Attorney(s) Craig M. Scott to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5642842) by Mars 2000, Inc.. (Scott, Craig) |
| Filing 22 CERTIFICATE OF GOOD STANDING re #16 MOTION for Attorney(s) Craig M. Scott to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5642842) by Mars 2000, Inc.. (Scott, Craig) |
| Filing 21 NOTICE of Appearance by Craig M. Scott on behalf of Mars 2000, Inc. (Scott, Craig) |
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Filing 20
ORDER granting #19 Motion for Extension of Time until February 26, 2020 to file an Answer or other responsive pleading. Signed by Judge Victor A. Bolden on 1/28/2020. (Conde, Djenab)
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| Set Deadlines:Rule 26 Meeting Report due by 2/21/2020 Answer deadline updated for OYO Toys, Inc. to 2/26/2020. (Perez, J.) |
| Filing 19 MOTION for Extension of Time until February 26, 2020 to file an Answer or other responsive pleading #1 Complaint, by OYO Toys, Inc.. (Skalka, Douglas) |
| Filing 18 NOTICE of Appearance by Douglas S. Skalka on behalf of OYO Toys, Inc. (Skalka, Douglas) |
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Filing 17
ORDER granting #16 Motion to Appear Pro Hac Vice for Craig M. Scott. Certificate of Good Standing due by 3/17/2020. Signed by Clerk on 1/17/2020. (Imbriani, Susan)
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| Filing 16 MOTION for Attorney(s) Craig M. Scott to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5642842) by Mars 2000, Inc.. (Attachments: #1 Affidavit Exhibit A - Affidavit of Craig M. Scott)(Stankus, Sara) |
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Filing 15
ORDER granting #14 Motion for Extension of Time until February 18, 2020, to file an Answer or other responsive pleading. Signed by Judge Victor A. Bolden on 1/16/2020. (Leon, Noel)
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| Answer deadline updated for Mars 2000, Inc., to February 18, 2020. (Leon, Noel) |
| Filing 14 MOTION for Extension of Time until February 18, 2020 to File an Answer or Responsive Pleading to #1 Complaint, by Mars 2000, Inc.. (Stankus, Sara) |
| Filing 13 NOTICE of Appearance by Sara Jean Stankus on behalf of Mars 2000, Inc. (Stankus, Sara) |
| Answer deadline updated for Mars 2000, Inc. to 1/27/2020; OYO Toys, Inc. to 1/27/2020. (Fazekas, J.) |
| Filing 12 AFFIDAVIT of Service for Summons and Complaint served on Mars 2000, Inc. on 12/27/2019, filed by LEGO A/S, LEGO Juris A/S, LEGO Systems, Inc.. (Park, Woo) |
| Filing 11 AFFIDAVIT of Service for Summons and Complaint served on OYO Toys, Inc. on 12/26/2019, filed by LEGO A/S, LEGO Juris A/S, LEGO Systems, Inc.. (Park, Woo) |
| Filing 10 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *OYO Toys, Inc.* with answer to complaint due within *21* days. Attorney *Woo Sin Sean Park* *Day Pitney LLP-HTFD* *242 Trumbull Street* *Hartford, CT 06033*. (Fanelle, N.) |
| Filing 9 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Mars 2000, Inc.* with answer to complaint due within *21* days. Attorney *Woo Sin Sean Park* *Day Pitney LLP-HTFD* *242 Trumbull Street* *Hartford, CT 06033*. (Fanelle, N.) |
| Request for Clerk to issue summons as to OYO Toys, Inc.. (Park, Woo) |
| Request for Clerk to issue summons as to Mars 2000, Inc.. (Park, Woo) |
| Filing 8 AO 121 Report on the Filing of an Action re: Copyright Form Completed (Attachments: #1 Complaint with Exhibits) (Fazekas, J.) |
| Filing 7 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #6 Standing Protective Order, #1 Complaint, filed by LEGO A/S, LEGO Systems, Inc., LEGO Juris A/S, #5 Electronic Filing Order, #4 Order on Pretrial Deadlines Signed by Clerk on 10/15/2019.(Fazekas, J.) |
| Judge Victor A. Bolden added. (Walker, J.) |
| Filing 3 Corporate Disclosure Statement by LEGO A/S, LEGO Juris A/S, LEGO Systems, Inc. identifying Corporate Parent KIRKBI Invest A/S for LEGO Juris A/S; Corporate Parent KIRKBI A/S, Corporate Parent LEGO Foundation for LEGO A/S; Corporate Parent LEGO A/S for LEGO Systems, Inc.. (Park, Woo) |
| Filing 2 NOTICE of Appearance by Woo Sin Sean Park on behalf of LEGO A/S, LEGO Juris A/S, LEGO Systems, Inc. (Park, Woo) |
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Filing 6
STANDING PROTECTIVE ORDER Signed by Judge Victor A. Bolden on 10/11/2019.(Fazekas, J.)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 10/11/2019.(Fazekas, J.)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 12/10/2019. Discovery due by 4/11/2020. Dispositive Motions due by 5/16/2020. Signed by Clerk on 10/11/2019.(Fazekas, J.)
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| Filing 1 COMPLAINT against Mars 2000, Inc., OYO Toys, Inc. ( Filing fee $400 receipt number ACTDC-5483038.), filed by LEGO A/S, LEGO Juris A/S, LEGO Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(Alquist, Elizabeth) |
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