Herman Miller, Inc. v. Sky Enterprises, Inc. et al
| Herman Miller, Inc. |
| Sky Enterprises, Inc., David Krosky, Sky Enterprises, Inc. doing business as Laura Davidson Furniture, David McBride and Dave McBride |
| 2:2020cv01480 |
| August 7, 2020 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Richard F Boulware |
| Andrew P Gordon |
| Brenda Weksler |
| Elayna J Youchah |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Both |
Docket Report
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| Filing 72 NOTICE of Corrected Image/Document re #71 Stipulation by Plaintiff Herman Miller, Inc.. (Service of corrected image is attached.) (Ciardullo, Jean-Paul) |
| Filing 71 VIEW Corrected Image #72 re: Joint STIPULATION for an Agreed Order of the Court Resolving the Case by Plaintiff Herman Miller, Inc. (Ciardullo, Jean-Paul) Modified on 2/28/2022 (SLD). |
Filing 70
ORDER Granting #69 Stipulation for Extension of Deadlines to Finalize Settlement. All further proceedings in the action be stayed for a period of eight (8) additional days, to and until 2/18/2022, pending finalization of the Parties written settlement agreement and submission of the Parties dismissal papers. Signed by Magistrate Judge Elayna J. Youchah on 2/11/2022.(Copies have been distributed pursuant to the NEF - KF)
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| Filing 69 Third STIPULATION re Discovery re #61 Order on Stipulation, by Defendants David Krosky, Sky Enterprises, Inc.. (Krieger, John) |
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Filing 68
ORDER Granting #67 Stipulation re Discovery re #66 Order on Stipulation. All further proceedings in the action be stayed for a period of fifteen 15 additional days pending finalization of the Parties written settlement agreement and submission of the Parties dismissal papers. Signed by Magistrate Judge Elayna J. Youchah on 1/25/2022.; Case stayed. (Copies have been distributed pursuant to the NEF - KF)
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| Filing 67 Second STIPULATION re Discovery re #66 Order on Stipulation by Defendants David Krosky, Sky Enterprises, Inc.. (Krieger, John) Modified link on 1/25/2022 (MR). |
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Filing 66
ORDER granting #65 Stipulation - All further proceedings in the action be stayed for a period of fifteen (15) days pending finalization of the Parties written settlement agreement and submission of the Parties' dismissal papers. Signed by Magistrate Judge Elayna J. Youchah on 1/11/2022. (Copies have been distributed pursuant to the NEF - DRS)
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| Filing 65 STIPULATION re Discovery re #61 Order on Stipulation, by Plaintiff Herman Miller, Inc.. (Ciardullo, Jean-Paul) |
| Filing 64 NOTICE of Corrected Image/Document re #62 Status Report by Plaintiff Herman Miller, Inc.. (Service of corrected image is attached.) (Ciardullo, Jean-Paul) |
| Filing 63 CLERK'S NOTICE. Attorney Action Required to ECF No. #62 . ERROR: Document has the wrong case number. The Judges' initials are incorrect, the correct case number is 2:20-cv-01480-RFB-EJY. Counsel is advised to correct the deficiency and file a Notice of Corrected Image/Document and link to #62 . ERROR: Document was not filed pursuant to LR IC 2-2(b). For each type of relief requested or purpose, a separate document must be filed. Counsel is advised to refile the Stipulation contained in ECF No. #62 using the event "Stipulation." (no image attached) (MR) |
| Filing 62 View Corrected Image #64 as to Joint STATUS REPORT and Notice Concerning Settlement, by Plaintiff Herman Miller, Inc.. (Ciardullo, Jean-Paul) Modified text on 1/10/2022 (MR). |
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Filing 61
ORDER Granting #58 Stipulation to Set New Case deadlines. Discovery due by 2/7/2022. Motions due by 5/9/2022. Signed by Magistrate Judge Elayna J. Youchah on 12/7/2021. (Copies have been distributed pursuant to the NEF - ABG)
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| Filing 60 CLERK'S NOTICE that this case is randomly reassigned to Magistrate Judge Elayna J. Youchah for all further proceedings. All further documents must bear the correct case number 2:20-cv-01480-RFB-EJY. (no image attached) (DKJ) |
| Filing 59 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 12/7/2021. With good cause appearing, the Honorable Magistrate Judge Brenda Weksler recuses herself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - EG) |
| Filing 58 Joint STIPULATION re Discovery and Case Schedule by Plaintiff Herman Miller, Inc.. (Ciardullo, Jean-Paul) |
| Filing 57 MINUTES OF PROCEEDINGS - The continued Settlement Conference was held on 11/29/2021 before Magistrate Judge Brenda Weksler. Pla Counsel: Jean-Paul Ciardullo; Jonathan E. Moskin; Kadmiel Perez; and Jason D. Smith; Def Counsel: John L. Krieger; Time of Hearing: 1:30 p.m. to 5:10 p.m.. In-house counsel for Herman Miller, Inc. Phoebe Bower also was in attendance on behalf of Plaintiff. And Defendant David Krosky, American Family Representative Charles Ledbetter, Liberty Mutual Outside Coverage Counsel J.S. Holmes, and Liberty Mutual Representative Kurt Schultz were also present on behalf of Defendants. The Court heard presentations from counsel and the parties, and it met with each side in caucuses. The case did not settle. The Court advised the parties that the case would be re-assigned to a new Magistrate Judge. Nevertheless, should the parties wish to continue settlement discussions in the future, the Court makes itself available for such discussions. (no image attached) (Copies have been distributed pursuant to the NEF - RA) |
| Filing 56 Mail Returned as Undeliverable re 50 Order on Stipulation, addressed to Caleb Green. RTS unable to forward. (HAM) |
| Filing 55 MINUTES OF PROCEEDINGS - A Settlement Conference was held on 11/22/2021 before Magistrate Judge Brenda Weksler. Pla Counsel: Jean-Paul Ciardullo; Jonathan E. Moskin; and Jason D. Smith; Def Counsel: John L. Krieger; Time of Hearing: 1:30 p.m. to 3:50 p.m..In-house counsel for Herman Miller, Inc. Phoebe Bower also was in attendance on behalf of Plaintiff. The Court heard presentations from counsel and the parties, and it met with each side in caucuses. Offers and counteroffers were exchanged. A settlement was not reached but the parties desire to continue negotiations. Thus, the parties will reconvene this Settlement Conference on 11/29/2021 at 1:30 p.m. via Zoom video conference before Magistrate Judge Brenda Weksler. The Court will circulate a Zoom invitation. (no image attached) (Copies have been distributed pursuant to the NEF - RA) |
| Filing 54 MINUTES OF PROCEEDINGS - A pre-Settlement Conference Telephonic Conference was held on 11/19/2021 before Magistrate Judge Brenda Weksler. Pla Counsel: Jean-Paul Ciardullo; Jonathan E. Moskin; Kadmiel Perez; and Jason D. Smith; Def Counsel: John L. Krieger; Time of Hearing: 3:00 p.m. to 3:10 p.m. In-house counsel for Herman Miller, Inc. Phoebe Bower also was in attendance on behalf of Plaintiff. And Defendant David Krosky, American Family Representative Charles Ledbetter, Liberty Mutual Outside Coverage Counsel J.S. Holmes, and Liberty Mutual Representative Kurt Schultz were also present on behalf of Defendants. (no image attached) (Copies have been distributed pursuant to the NEF - RA) |
| Filing 53 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 11/17/2021. Due to a conflict in the Court's calendar, IT IS ORDERED that the Settlement Conference scheduled for 11/22/2021 is RESCHEDULED in time only to begin at 1:30 p.m. (PST). The Court will circulate the Zoom invitation to the parties. The pre-Settlement Conference Telephonic Conference, which is only for counsel and Judge Weksler, will remain on calendar for 11/19/2021 at 3:00 p.m. (PST). Counsel must call (877) 810-9415, access code 2365998, five minutes before the telephonic conference. (no image attached) (Copies have been distributed pursuant to the NEF - RA) |
| Filing 52 (1st Notice) Pursuant to Local Rule IC 2-1: that Caleb L. Green is in violation of Local Rule IC 2-1. Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (DKJ) |
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Filing 51
ORDER Setting Settlement Conference - Pre Settlement Status Conference set for 11/19/2021 at 03:00 PM via telephone before Magistrate Judge Brenda Weksler. Settlement Conference set for 11/22/2021 at 09:00 AM by Videoconference before Magistrate Judge Brenda Weksler. Parties and counsel must sendalong with their confidential written evaluation statement (see section IV)their preferred e-mail address for the Zoom invitation to judicial clerk Radia Amari at radia_amari@nvd.uscourts.gov by 11/15/2021. Signed by Magistrate Judge Brenda Weksler on 11/2/2021. (Copies have been distributed pursuant to the NEF - DRS)
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| Filing 50 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 11/2/2021. IT IS ORDERED that ECF No. #49 is GRANTED. The Court will separately issue a Scheduling Order setting a Settlement Conference. IT IS FURTHER ORDERED that if the parties do not settle the case at the Settlement Conference, the parties shall file a stipulated Discovery Plan and Scheduling Order within five business days of the Settlement Conference. (no image attached) (Copies have been distributed pursuant to the NEF - RA) |
| Filing 49 Joint STIPULATION for Settlement Conference and Accompanying Stay by Plaintiff Herman Miller, Inc.. (Ciardullo, Jean-Paul) |
| Filing 48 OPENING BRIEF by Plaintiff Herman Miller, Inc.. on Claim Construction (Attachments: #1 Declaration of Joshua C. Harrison, Ph.D., #2 Declaration of Jean-Paul Ciardullo, #3 Exhibit 1, #4 Exhibit 2) (Ciardullo, Jean-Paul) |
| Filing 47 CLERK'S NOTICE that this case is randomly reassigned to Judge Richard F. Boulware, II for all further proceedings. All further documents must bear the correct case number 2:20-cv-01480-RFB-BNW. (no image attached) (DKJ) |
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Filing 46
ORDER OF RECUSAL. With good cause appearing, the Honorable Judge Andrew P. Gordon recuses himself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. Signed by Judge Andrew P. Gordon on 9/28/2021. (Copies have been distributed pursuant to the NEF - KSR)
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| Filing 45 Joint Claim Construction and Prehearing Statement by Plaintiff Herman Miller, Inc.. (Ciardullo, Jean-Paul) |
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Filing 44
ORDER Granting in part and Denying in part #43 Stipulation for Extension of Time re #42 Order (Fifth Request). Discovery due by 2/28/2022. Motions due by 3/28/2022. Signed by Magistrate Judge Brenda Weksler on 8/13/2021. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 43 STIPULATION FOR EXTENSION OF TIME (Fifth Request) re Discovery by Defendants David Krosky, Sky Enterprises, Inc.. (Krieger, John) |
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Filing 42
ORDER Granting #41 Stipulation for Extension of Time re #39 Order (Fourth Request). Discovery due by 1/28/2022. Motions due by 2/28/2022. Signed by Magistrate Judge Brenda Weksler on 6/28/2021. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 41 STIPULATION FOR EXTENSION OF TIME (Fourth Request) re Discovery re #39 Order on Stipulation,, Scheduling Order, by Plaintiff Herman Miller, Inc.. (Santoro, Nicholas) |
| Filing 40 CERTIFICATE of Compliance by David Krosky, Sky Enterprises, Inc. (Krieger, John) |
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Filing 39
ORDER Granting #38 Stipulation for Extension of Time re #33 Order (Third Request). Discovery due by 12/29/2021. Motions due by 1/31/2022. Signed by Magistrate Judge Brenda Weksler on 5/14/2021. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 38 STIPULATION FOR EXTENSION OF TIME (Fourth Request) re Discovery re #24 Order on Discovery Plan and Scheduling Order by Defendants David Krosky, Sky Enterprises, Inc.. (Krieger, John) |
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Filing 37
ORDER Granting #36 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Franklin M Smith for Sky Enterprises, Inc. and approving Designation of Local Counsel John L. Krieger. Signed by Judge Andrew P. Gordon on 4/29/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MR)
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| Filing 36 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Franklin M. Smith and DESIGNATION of Local Counsel John L. Krieger (Filing fee $ 250 receipt number 0978-6466620) by Defendants David Krosky, Sky Enterprises, Inc.. (Attachments: #1 Certificate of Good Standing) (Krieger, John) |
| Filing 35 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Franklin M. Smith to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 4/30/2021. (no image attached) (DKJ) |
| Filing 34 NOTICE of Appearance by attorney John L. Krieger on behalf of Defendants David Krosky, Sky Enterprises, Inc.. (Krieger, John) |
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Filing 33
ORDER Granting #32 Stipulation for Extension of Time re #29 Order (Second Request). Discovery due by 11/29/2021. Motions due by 12/30/2021. Signed by Magistrate Judge Brenda Weksler on 4/9/2021. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 32 STIPULATION FOR EXTENSION OF TIME (Third Request) re Discovery re #24 Order on Discovery Plan and Scheduling Order by Defendants David Krosky, Sky Enterprises, Inc.. (Gile, Ryan) |
| Filing 31 ANSWER to #30 Amended Complaint, with Jury Demand filed by David Krosky, Sky Enterprises, Inc..(Gile, Ryan) |
| Filing 30 First AMENDED COMPLAINT with Jury Demand against All Defendants by Herman Miller, Inc.. No changes to parties. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8) (Smith, Jason) |
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Filing 29
ORDER Granting #27 Stipulation for Extension of Time re #24 Order (First Request). Discovery due by 10/29/2021. Motions due by 11/30/2021. Signed by Magistrate Judge Brenda Weksler on 1/26/2021. (Copies have been distributed pursuant to the NEF - MR)
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Filing 28
ORDER Granting #26 Stipulation for Leave to File Amended Complaint. Signed by Magistrate Judge Brenda Weksler on 1/26/2021. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 27 STIPULATION re Discovery Stipulation and [Proposed] Order to Amend Discovery Plan and Scheduling Order re #24 Order on Discovery Plan and Scheduling Order by Plaintiff Herman Miller, Inc.. (Smith, Jason) |
| Filing 26 STIPULATION Stipulation and [Proposed] Order for Leave to File Amended Complaint re #1 Complaint,, by Plaintiff Herman Miller, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1) (Smith, Jason) |
| Filing 25 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (MR) |
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Filing 24
SCHEDULING ORDER Granting #23 Discovery Plan and Scheduling Order. Discovery due by 7/19/2021. Motions due by 8/19/2021. Signed by Magistrate Judge Brenda Weksler on 11/10/2020. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 23 Stipulated Discovery Plan and Scheduling Order by Plaintiff Herman Miller, Inc.. (Smith, Jason) |
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Filing 22
PROTECTIVE ORDER Granting #20 Stipulated Protective Order. Signed by Magistrate Judge Brenda Weksler on 10/20/2020. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 21 CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Jean-Paul Ciardullo is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (DKJ) |
| Filing 20 STIPULATED PROTECTIVE ORDER Stipulated Confidentiality and Protective Order by Plaintiff Herman Miller, Inc.. (Smith, Jason) |
| Filing 19 CERTIFICATE of Interested Parties by David Krosky, Sky Enterprises, Inc.. There are no known interested parties other than those participating in the case (Gile, Ryan) |
| Filing 18 ANSWER to #1 Complaint,, with Jury Demand filed by David Krosky, Sky Enterprises, Inc.. Discovery Plan/Scheduling Order due by 11/7/2020.(Gile, Ryan) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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Filing 17
ORDER Granting #16 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Jean-Paul Ciardullo for Herman Miller, Inc. and approving Designation of Local Counsel Nicholas J Santoro. Signed by Judge Andrew P. Gordon on 9/21/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MR)
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| Filing 16 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jean-Paul Ciardullo and DESIGNATION of Local Counsel Nicholas J. Santoro (Filing fee $ 250 receipt number 0978-6177622) by Plaintiff Herman Miller, Inc.. (Santoro, Nicholas) |
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Filing 15
ORDER Granting #14 Stipulation for Extension of Time re #1 Complaint (First Request). Defendants answer due 9/23/2020. Signed by Magistrate Judge Brenda Weksler on 9/3/2020. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 14 STIPULATION FOR EXTENSION OF TIME (First Request) re #1 Complaint,, by Defendants David Krosky, Sky Enterprises, Inc.. (Gile, Ryan) |
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Filing 13
ORDER Granting #12 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Jonathan E. Moskin for Herman Miller, Inc. and approving Designation of Local Counsel Nicholas J Santoro. Signed by Judge Andrew P. Gordon on 8/27/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MR)
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| Filing 12 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jonathan E. Moskin and DESIGNATION of Local Counsel Nicholas J. Santoro (Filing fee $ 250 receipt number 0978-6146351) by Plaintiff Herman Miller, Inc.. (Santoro, Nicholas) |
| Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 8/21/2020. ORDER granting #7 Motion to Extend Time filed by Herman Miller, Inc.. Verified Petition due by 9/23/2020. (no image attached) (Copies have been distributed pursuant to the NEF - KSR) |
| Filing 10 CERTIFICATE OF SERVICE for #7 Motion to Extend/Shorten Time by Plaintiff Herman Miller, Inc.. (Smith, Jason) |
| Filing 9 SUMMONS Returned Executed by Herman Miller, Inc. re #4 Summons Issued. David Krosky served on 8/12/2020. (Smith, Jason) |
| Filing 8 SUMMONS Returned Executed by Herman Miller, Inc. re #4 Summons Issued. Sky Enterprises, Inc. served on 8/12/2020. (Smith, Jason) |
| Filing 7 MOTION to Extend Time (First Request) to File Verified Petitions re 3 Notice for Desig of Local Counsel & VP, by Plaintiff Herman Miller, Inc. (Attachments: #1 Declaration) (Santoro, Nicholas) |
| Filing 6 STANDING ORDER. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - MR) |
| Filing 5 AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (Attachments: #1 Complaint) (MR) |
| Filing 4 Summons Issued as to All Defendants re #1 Complaint. (MR) |
| Filing 3 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Jonathan E. Moskin and Jean-Paul Ciardullo to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 8/24/2020. (no image attached) (MR) |
| Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Brenda Weksler. (MR) |
| Filing 2 CERTIFICATE of Interested Parties by Herman Miller, Inc.. There are no known interested parties other than those participating in the case (Santoro, Nicholas) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-6118360) by Herman Miller, Inc.. Proof of service due by 11/5/2020. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Civil Cover Sheet, #6 Summons, #7 Summons) (Santoro, Nicholas) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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