Trailers Intl LLC et al v. Yang
Plaintiff: Trailers Intl LLC and Vincent L. Webb
Defendant: Xiaofei Yang
3Rd Party Defendant: Sun Tech Limited, Super Test Corp. and Rockford Commercial Warehouse, Inc.
Case Number: 3:2015cv00767
Filed: May 4, 2015
Court: US District Court for the District of Oregon
Office: Portland (3) Office
Presiding Judge: Michael W Mosman
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement
Jury Demanded By: Both
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This docket was last retrieved on April 16, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 16, 2018 Filing 219 Trademark Report: This report is being submitted pursuant to Title 15 Section 1116(c), which states that it shall be the duty of the clerks of such courts within one month after the filing of any action give notice thereof in writing to the Director setting forth in order so far as known the names and addresses of the litigants and the designating number or numbers of the registration or registrations upon which the action, suit, or proceeding has been brought, and in the event any other registration be subsequently included in the action, suit, or proceeding by amendment, answer, or other pleading, the clerk shall give like notice thereof to the Director, and within one month after the judgment is entered or an appeal is taken the clerk of the court shall give notice thereof to the Director, and it shall be the duty of the Director on receipt of such notice forthwith to endorse the same upon the file wrapper of the said registration or registrations and to incorporate the same as a part of the contents of said file wrapper.. Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (dls)
April 16, 2018 Opinion or Order Filing 218 CONSENT JUDGMENT: IT IS HEREBY ORDERED and ADJUDGED, that Plaintiffs shall have a judgment against Defendant, Mastercraft Tools Florida, Inc. on Claim 1 for Copyright Infringement, Claim 2 for Trademark Infringement, Claim 4 for False Designation of Origin, and Claim 5 for Unfair Competition (Passing Off), as pleaded in Plaintiffs Second Amended Complaint [133 in 15-171, 50 in 15-767], in the amount of $1,250,000, which shall bear interest at the legal judgment rate. The Clerk is hereby directed to enter Judgment against Defendant Mastercraft Tools Florida, Inc. in the amount set forth above. As all parties have been dismissed, both cases [15-171, 15-767] are DISMISSED WITHPREJUDICE. Signed on 4/16/18 by Judge Michael W. Mosman.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (dls) Modified on 4/18/2018 (dls).
April 13, 2018 Filing 217 Stipulated Notice of Dismissal of Party Global Equipment Company, Inc. Filed by All Plaintiffs.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
April 5, 2018 Filing 216 Stipulated Notice of Dismissal of Party Zhuahi Sharp-Group and Xiaofei Yang. Filed by All Plaintiffs.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
March 7, 2018 Filing 215 Stipulated Notice of Dismissal of Party Mastercraft Tools Florida, Inc Filed by All Plaintiffs.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
March 7, 2018 Filing 214 Stipulated Proposed Form of Order Submitted Consent Judgment. Filed by All Plaintiffs. Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
January 29, 2018 Filing 213 Notice of Dismissal of Party Power Equipment Direct Inc. Filed by All Plaintiffs.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
January 23, 2018 Filing 212 Stipulated Notice of Dismissal of Party Home Depot USA, Inc. Filed by Home Depot USA, Inc.. (Hall, Stephanie)
January 8, 2018 Filing 211 Notice of Dismissal of Party Sears and Kmart Filed by All Plaintiffs.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
November 13, 2017 Opinion or Order Filing 210 ORDER: GRANTING Motion to Withdraw [313 in 15-171, 208 in 15-767]. Garvey Schubert Barer and Kathleen C. Bricken are withdrawn from further representation of Defendants Mastercraft, Jumbo, Mr. Zhang and Mr. Yang. Ordered by Judge Michael W. Mosman. Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (dls)
November 6, 2017 Filing 209 Declaration of Kathleen C. Bricken In Support of Motion For Withdrawal of Counsel. Filed by Xiaofei Yang, Mastercraft Tools Florida, Inc., Xuefeng Zhang, Zhuhai Sharp-Group Enterprise Co., Ltd.. (Related document(s): Motion to Withdraw, (208 in 3:15-cv-00767-MO).)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
November 6, 2017 Filing 208 Motion to Withdraw Motion for Withdrawal of Counsel. Filed by Mastercraft Tools Florida, Inc., Xuefeng Zhang, Zhuhai Sharp-Group Enterprise Co., Ltd.. (Attachments: #1 Proposed Order)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
October 20, 2017 Filing 207 Notice of Association of Attorney Baolin Chen,Baolin Chen for Mastercraft Tools Florida, Inc.,Baolin Chen for Xuefeng Zhang,Baolin Chen for Mastercraft Tools Florida, Inc.. Filed by Mastercraft Tools Florida, Inc., Xuefeng Zhang.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Chen, Baolin)
October 10, 2017 Opinion or Order Filing 206 ORDER: GRANTING Stipulated Motion for Extension of Discovery & PTO Deadlines [310 in 15-171, 205 in 15-767]. Deadline for Fact Discovery is extended from 10/16/2017 to 12/15/2017. Deadline for Expert Reports is extended from 11/15/2017 to 1/19/2018. Deadline for Rebuttal Expert Reports is extended from 12/15/2017 to 2/23/2018. Deadline for Expert Discovery is extended from 1/10/2018 to 3/23/2018. Deadline for Dispositive Motions is extended from 1/30/2018 to 4/13/2018. Deadline for Pretrial Order remains 30 days after resolution of Dispositive Motions. Ordered by Judge Michael W. Mosman. Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (dls)
October 10, 2017 Filing 205 Stipulated Motion for Extension of Discovery & PTO Deadlines . Filed by Power Equipment Direct Inc..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Choi, Edward)
September 28, 2017 Filing 204 Answer to Answer, (197 in 3:15-cv-00767-MO, 302 in 3:15-cv-00171-MO) Answer to Counterclaims. Filed by Vincent L. Webb(an individual), Trailers Intl LLC(a Nevada Corporation). (Related document(s): Answer, (197 in 3:15-cv-00767-MO, 302 in 3:15-cv-00171-MO).)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
September 28, 2017 Filing 203 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Oral Argument held on 8/22/2017 before Chief Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/5/2017. Redaction Request due 10/19/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/27/2017. Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Shumway, Bonita)
September 28, 2017 Filing 202 Notice of Change of Address. Filed by All Plaintiffs.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
September 20, 2017 Filing 201 Notification of CM/ECF Account for John S. Letchinger (Pro Hac Vice admission). Your login is: jsletchinger. Go to #the CM/ECF login page to set your password. (jtj)
September 20, 2017 Opinion or Order Filing 200 ORDER: Granting Application for Special Admission Pro Hac Vice of John S. Letchinger for K-Mart Corporation and Sears, Roebuck and Company. Application Fee in amount of $300 collected. Receipt No. 0979-5145240 issued in case 3:15-cv-00171-MO. Signed on 9/20/2017 by Magistrate Judge Michael W. Mosman. Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (jtj) Modified on 9/21/2017 to correct signing Judge (jtj).
September 20, 2017 Filing 199 Notification of CM/ECF Account for Josephine Tung (Pro Hac Vice admission). Your login is: jtung. Go to #the CM/ECF login page to set your password. (jtj)
September 20, 2017 Opinion or Order Filing 198 ORDER: Granting Application for Special Admission Pro Hac Vice of Josephine Tung for K-Mart Corporation and Sears, Roebuck and Company. Application Fee in amount of $300 collected. Receipt No. 0979-5145156 issued in case 3:15-cv-00171-MO. Signed on 9/20/2017 by Judge Michael W. Mosman. Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (jtj)
September 14, 2017 Filing 197 Amended Answer to Amended Complaint(133 in 3:15-cv-00171-MO, 50 in 3:15-cv-00767-MO) Second Amended Answer, Affirmative Defenses, Counterclaims and Supplemental Counterclaims. Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd.. (Related document(s): Amended Complaint(133 in 3:15-cv-00171-MO, 50 in 3:15-cv-00767-MO).)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
September 12, 2017 Filing 196 Notice of Attorney Substitution:Attorney Curt R. Hineline is substituted as counsel of record in place of Attorney Kathleen Carroll Bricken and John B. Crosetto Filed by Sears, Roebuck and Company, K-Mart Corporation.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
September 12, 2017 Filing 195 Notice of Attorney Substitution:Attorney Baolin Chen is substituted as counsel of record in place of Attorney Kathleen Carroll Bricken and John B. Crosetto Filed by Global Equipment Company, Inc..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
September 11, 2017 Filing 194 Motion for Leave to Appear Pro Hac Vice for Attorney John S. Letchinger . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5145240. Filed by K-Mart Corporation, Sears, Roebuck and Company.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
September 11, 2017 Filing 193 Motion for Leave to Appear Pro Hac Vice for Attorney Josephine Tung . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5145156. Filed by K-Mart Corporation, Sears, Roebuck and Company.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
August 22, 2017 Filing 192 MINUTES of Proceedings: Telephone Oral Argument held. Order GRANTING Plaintiffs' Motion to Quash Subpoena ( #184 in 15-767, 289 in 15-171), as stated on the record. Stephen Joncus, present as counsel for plaintiff(s). Samuel Eichner, Edward Choi, Nicholas Papastavros, Stephanie Hall, Eric Holmes, Naresh Kilaru, Baolin Chen present as counsel for defendant(s).(Court Reporter Bonita Shumway.)Judge Michael W. Mosman presiding. Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO(kms)
August 18, 2017 Opinion or Order Filing 191 Scheduling Order by Judge Michael W. Mosman. Telephone Oral Argument is set for 8/22/2017 at 11:00AM before Judge Michael W. Mosman regarding Motion to Quash Subpoena to Kerry Shepherd, Esq.(289 in 3:15-cv-00171-MO, 184 in 3:15-cv-00767-MO). Ordered by Judge Michael W. Mosman.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (kms)
August 15, 2017 Opinion or Order Filing 190 ORDER: GRANTING Plaintiffs' Motion to Withdraw Motion to Quash #189 . Plaintiffs' Motion to Quash #187 is DENIED as moot. Ordered by Judge Michael W. Mosman. (kms)
August 11, 2017 Filing 189 Motion to Withdraw Motion to Quash(187 in 3:15-cv-00767-MO, 292 in 3:15-cv-00171-MO). Filed by All Plaintiffs.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
August 10, 2017 Filing 188 Response in Opposition to Motion to Quash Subpoena to Kerry Shepherd, Esq.(184 in 3:15-cv-00767-MO, 289 in 3:15-cv-00171-MO) Oral Argument requested. Filed by Zhuhai Sharp-Group Enterprise Co., Ltd.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Chen, Baolin)
August 10, 2017 Filing 187 Motion to Quash . Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
August 8, 2017 Filing 186 Notice re Amended Complaint,, (164 in 3:15-cv-00767-MO, 264 in 3:15-cv-00171-MO) THIRD-PARTY PLAINTIFF ZHUHAI SHARP-GROUP ENTERPRISE CO., LTD.S NOTICE OF VOLUNTARY DISMISSAL Filed by Zhuhai Sharp-Group Enterprise Co., Ltd. (Related document(s): Amended Complaint,, (164 in 3:15-cv-00767-MO, 264 in 3:15-cv-00171-MO).)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
July 27, 2017 Filing 185 Declaration of Vincent L. Webb in Support of Motion to Quash Subpoena of Kerry Shepherd, Esq.. Filed by All Plaintiffs. (Related document(s): Motion to Quash(184 in 3:15-cv-00767-MO).)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
July 27, 2017 Filing 184 Motion to Quash Subpoena to Kerry Shepherd, Esq.. Filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
July 25, 2017 Opinion or Order Filing 183 ORDER: GRANTING Motion for Alternative Service (281). Ordered by Judge Michael W. Mosman. (dls)
July 18, 2017 Opinion or Order Filing 182 ORDER: GRANTING Stipulated Motion for Extension of Discovery & PTO Deadlines 286 . Deadline for Fact Discovery is extended from 7/31/2017 to 10/16/2017. Deadline for Expert Reports is extended from 8/15/2017 to 11/15/2017. Deadline for Rebuttal Expert Reports is extended from 9/1/2017 to 12/15/2017. Deadline for Expert Discovery is extended from 9/19/2017 to 1/10/2018. Deadline for Dispositive Motions is extended from 10/6/2017 to 1/30/2018. Deadline for Pretrial Order remains 30 days after resolution of Dispositive Motions. Ordered by Judge Michael W. Mosman. (dls)
July 14, 2017 Filing 181 Stipulated Motion for Extension of Discovery & PTO Deadlines . Filed by Xiaofei Yang, Global Equipment Company, Inc., K-Mart Corporation, Mastercraft Tools Florida, Inc., Sears, Roebuck and Company, Xuefeng Zhang, Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
July 10, 2017 Opinion or Order Filing 180 ORDER: STRIKING the Oral Argument set for 7/13/2017 at 02:00PM in Portland by telephone before Judge Michael W. Mosman, regarding Motion to Strike First Amended Third Party Complaint Amended Complaint, (164 in 3:15-cv-00767-MO, 264 in 3:15-cv-00171-MO)(269 in 3:15-cv-00171-MO). Ordered by Judge Michael W. Mosman. Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (dls)
July 7, 2017 Opinion or Order Filing 179 OPINION AND ORDER: I GRANT in part and DENY in part Plaintiffs' Motion to Strike First Amended Third Party Complaint 269 . The motion is GRANTED as it pertains to Plaintiffs and Mr. Ferguson, but DENIED as it pertains to STC Defendants. I also give Jumbo leave to refile its claims against Plaintiffs and Mr. Ferguson as supplemental counterclaims pursuant to Rule 13(h) and Rule 20(a)(2). Signed on 7/7/17 by Judge Michael W. Mosman. (dls)
July 5, 2017 Opinion or Order Filing 178 Scheduling Order by Judge Michael W. Mosman. Oral Argument is set for 7/13/2017 at 02:00PM in Portland by telephone before Judge Michael W. Mosman, regarding Motion to Strike First Amended Third Party Complaint Amended Complaint,, (164 in 3:15-cv-00767-MO, 264 in 3:15-cv-00171-MO)(269 in 3:15-cv-00171-MO). The parties to call the court's conference line. Ordered by Judge Michael W. Mosman.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (dls)
July 3, 2017 Filing 177 Declaration of Samuel Eichner in Support of Motion for Alternative Service of Process on Third-Party Defendants Sun Tech and STC International. Filed by Zhuhai Sharp-Group Enterprise Co., Ltd.. (Related document(s): Motion - Miscellaneous, (176 in 3:15-cv-00767-MO, 281 in 3:15-cv-00171-MO).)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
July 3, 2017 Filing 176 Motion for Alternative Service of Process on Third-Party Defendants Sun Tech and STC International. Oral Argument requested. Filed by Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
May 31, 2017 Filing 175 Clerk's Notice of Docket Correction regarding Amended Complaint (164 in 3:15-cv-00767-MO, 264 in 3:15-cv-00171-MO). The PDF attached to this entry as the main document at filing was incorrect. The document had additional information that was inadvertently included. A corrected PDF has been uploaded and has replaced the incorrect attachment. The Notice of Electronic Filing will be regenerated to all parties. Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (eo)
May 25, 2017 Filing 174 Third Party Amended Proposed Summons to Sun Tech Limited Filed by Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
May 1, 2017 Filing 173 Reply to Motion to Strike First Amended Third Party Complaint Amended Complaint,, (164 in 3:15-cv-00767-MO, 264 in 3:15-cv-00171-MO)(168 in 3:15-cv-00767-MO, 269 in 3:15-cv-00171-MO). Filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
April 28, 2017 Filing 172 Third Party Proposed Summons to STC International (Shanghai) Co., Ltd. Filed by Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
April 17, 2017 Filing 171 Response to Motion to Strike First Amended Third Party Complaint Amended Complaint,, (164 in 3:15-cv-00767-MO, 264 in 3:15-cv-00171-MO)(269 in 3:15-cv-00171-MO). Filed by Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
April 10, 2017 Filing 170 Clerk's Notice of Service Pursuant to Fed. R. Civ. P. 4(f)(2)(C)(ii). The Clerk's Office delivered a service packet containing the Third Party Complaint, Third Party Summons, and Discovery and Pretrial Scheduling Order to the USPS for delivery by registered mail to Hung Shu-Chiang (RE 636107067US), Sun Tech Limited (RE 636107053US) and Super Test Corp. (RE 63610775US) Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (ecp)
April 7, 2017 Opinion or Order Filing 169 ORDER: DENYING AS MOOT Plaintiffs' Motion to Strike Third Party Complaint 229 with leave to renew. Plaintiffs' renewed motion may rely on the same or similar arguments from its original Motion to Strike 229 , but it must be directed at the Amended Third-Party Complaint 264 . DENYING AS MOOT Third-Party Defendant STC's Motion to Dismiss 244 with leave to renew. STC's renewed motion may rely on the same or similar arguments from its original Motion to Dismiss 244 , but it must be directed at the Amended Third-Party Complaint 264 . DENYING AS MOOT Defendant Zhuhai's Motion for Entry of Default 248 . Ordered by Judge Michael W. Mosman. (rs)
April 3, 2017 Filing 168 Motion to Strike First Amended Third Party Complaint Amended Complaint,, (164 in 3:15-cv-00767-MO, 264 in 3:15-cv-00171-MO). Filed by All Plaintiffs.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
March 30, 2017 Filing 167 Third Party Proposed Summons to Super Test Corp. Filed by Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
March 30, 2017 Filing 166 Third Party Proposed Summons to Sun Tech Limited Filed by Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
March 30, 2017 Filing 165 Third Party Proposed Summons to Rockford Commercial Warehouse, Inc. Filed by Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
March 20, 2017 Filing 164 First Amended Complaint Zhuhai Sharp-Group Enterprise Co Ltd's First Amended Third-Party Complaint Against STC International Co., Ltd., Trailers Intl LLC, Vince L. Webb and Frank Ferguson. Filed by Zhuhai Sharp-Group Enterprise Co., Ltd. against Frank Ferguson, STC International Co., Ltd., Trailers Intl LLC, Vincent L. Webb, SUN TECH LIMITED, SUPER TEST CORP., ROCKFORD COMMERCIAL WAREHOUSE, INC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12).Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
March 20, 2017 Filing 163 Response in Opposition to Motion for Entry of Default Against Third-Party Defendant Frank Ferguson(248 in 3:15-cv-00171-MO, 149 in 3:15-cv-00767-MO, 248 in 3:15-cv-00171-MO, 149 in 3:15-cv-00767-MO). Filed by All Plaintiffs.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
March 20, 2017 Filing 162 Notice of Attorney Withdrawal: Filed by Trailers Intl LLC, Vincent L. WebbAssociated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Lampson, Elizabeth)
March 16, 2017 Opinion or Order Filing 161 ORDER: GRANTING Stipulated Motion for Extension of Discovery & PTO Deadlines 258 . Deadline for Fact Discovery is extended from 5/17/2017 to 7/31/2017. Deadline for Expert Reports is extended from 5/31/2017 to 8/15/2017. Deadline for Rebuttal Expert Reports is extended from 7/10/2017 to 9/1/2017. Deadline for Expert Discovery is extended from 8/11/2017 to 9/19/2017. Deadline to submit Dispositive Motions is extended from 9/11/2017 to 10/6/2017. Deadline to submit Pretrial Order remains 30 days after resolution of Dispositive Motions. Ordered by Judge Michael W. Mosman. (rs)
March 16, 2017 Opinion or Order Filing 160 Order Striking as duplicative the Order on motion for protective order (259 in 3:15-cv-00171-MO, 159 in 3:15-cv-00767-MO). The protective order was previously filed as document number 254 in 3:15-cv-00171-MO. Ordered by Judge Michael W. Mosman.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (rs)
March 16, 2017 Opinion or Order Filing 159 *** Stricken ORDER: Granting Motion for a Protective Order (228) in case 3:15-cv-00171-MO. Signed on 03/10/2017 by Judge Michael W. Mosman. (rs) Modified on 3/16/2017 (rs). Modified on 3/16/2017 (rs).
March 15, 2017 Filing 158 Stipulated Motion for Extension of Discovery & PTO Deadlines . Filed by Home Depot USA, Inc..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Hall, Stephanie)
March 15, 2017 Filing 157 Notice of Association of Attorney Elizabeth E. Lampson,Elizabeth E. Lampson for Trailers Intl LLC,Elizabeth E. Lampson for Vincent L. Webb,Elizabeth E. Lampson for Vincent L. Webb,Elizabeth E. Lampson for Trailers Intl LLC,Elizabeth E. Lampson for Trailers Intl LLC,Elizabeth E. Lampson for Trailers Intl LLC,Elizabeth E. Lampson for Trailers Intl LLC,Elizabeth E. Lampson for Trailers Intl LLC. Filed by Trailers Intl LLC, Vincent L. WebbAssociated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Lampson, Elizabeth)
March 13, 2017 Opinion or Order Filing 156 ORDER: Granting Application for Special Admission Pro Hac Vice of Stephanie L. Hall for Home Depot USA, Inc. Application Fee in amount of $300 collected. Receipt No. 0979-4935302 issued in case 3:15-cv-171-MO. Signed on 3/13/2017 by Judge Michael W. Mosman. (ecp)
March 10, 2017 Opinion or Order Filing 155 PROTECTIVE ORDER. Signed on 03/10/2017 by Judge Michael W. Mosman.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (rs)
March 10, 2017 Filing 154 Motion for Leave to Appear Pro Hac Vice for Attorney Stephanie Hall . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4935302. Filed by Home Depot USA, Inc..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Todaro, Anthony)
March 10, 2017 Filing 153 MINUTES of Proceedings: Telephone Status Conference held. Competing proposed protective orders discussed. For the reasons stated on the record, a two-tiered protective order should be entered. Protective Order to follow. Stephen J. Joncus present as counsel for plaintiff(s). Samuel Eichner, Kathleen Bricken, Nicholas Papastravos, Eric Holmes, Melise Blakeslee, Edward Choi, Paul Southwick, Mark S. Sommers, John B. Crosetto, Naresh Kilaru, Anthony A. Todaro, Stephanie Hall present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (rs) Modified on 3/13/2017 (rs).
March 9, 2017 Opinion or Order Filing 152 Scheduling Order by Judge Michael W. Mosman. Rescheduling Status Conference set for 3/10/2017 at 1:30pm, SET FOR 03/10/2017 at 09:30AM in Portland by telephone before Judge Michael W. Mosman. The parties to call the court's conference line. Ordered by Judge Michael W. Mosman. Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (rs)
March 9, 2017 Opinion or Order Filing 151 Scheduling Order by Judge Michael W. Mosman. Status Conference is set for 3/10/2016 at 01:30PM in Portland by telephone before Judge Michael W. Mosman. The parties to call the court's conference line. Ordered by Judge Michael W. Mosman. Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (rs)
March 6, 2017 Filing 150 Declaration of Kathleen C. Bricken in Support of Zhuhai Sharp-Group Enterprise Co., LTD.'s Motion for Entry of Default Against Third-Party Defendant Frank Ferguson. Filed by Zhuhai Sharp-Group Enterprise Co., Ltd.. (Related document(s): Motion for default(149 in 3:15-cv-00767-MO).)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
March 6, 2017 Filing 149 Motion for Entry of Default Against Third-Party Defendant Frank Ferguson. Filed by Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
February 27, 2017 Filing 148 Corporate Disclosure Statement by Third-Party Defendant STC International (Shanghai) Co. Ltd.. Filed by STC International Co., Ltd.. Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Southwick, Paul)
February 27, 2017 Filing 147 Declaration of Grace Ge in Support of Third-Party Defendant STC International (Shanghai) Co. Ltd.s' Motion to Dismiss. Filed by STC International Co., Ltd.. (Related document(s): Motion to Dismiss, (145 in 3:15-cv-00767-MO).)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Southwick, Paul)
February 27, 2017 Filing 146 Declaration of Paul Southwick in Support of Third-Party Defendant STC International (Shanghai) Co. Ltd.'s Motion to Dismiss. Filed by STC International Co., Ltd.. (Related document(s): Motion to Dismiss, (145 in 3:15-cv-00767-MO).)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Southwick, Paul)
February 27, 2017 Filing 145 Motion to Dismiss by Third-Party Defendant STC International (Shanghai) Co. Ltd. Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Oral Argument requested. Filed by STC International Co., Ltd..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Southwick, Paul)
February 16, 2017 Filing 144 Reply in Support of to Motion to Strike Third Party Complaint(212 in 3:15-cv-00171-MO)(133 in 3:15-cv-00767-MO, 229 in 3:15-cv-00171-MO). Filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
February 1, 2017 Filing 143 Notification of CM/ECF Account for Eric Holmes (Pro Hac Vice admission). Your login is: eholmes. Go to #the CM/ECF login page to set your password. (sss)
February 1, 2017 Opinion or Order Filing 142 ORDER: Granting Application for Special Admission Pro Hac Vice of Eric Holmes for Power Equipment Direct Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-4884119 issued in case 3:15-cv-00171-MO. Signed on 2/1/2017 by Judge Michael W. Mosman. (sss)
January 31, 2017 Filing 141 Clerk's Notice of Service Pursuant to Fed. R. Civ. P. 4(f)(2)(C)(ii). The Clerk's Office delivered a service packet containing the Third Party Complaint, Third Party Summons, and Discovery and Pretrial Scheduling Order to the USPS for delivery by registered mail to Super Test Corp. (RB335827546US). Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (eo)
January 30, 2017 Filing 140 Response in Opposition Zhuhai Sharp-Group Enterprise Co., Ltd.'s Opposition to Plaintiffs' to Motion to Strike Third Party Complaint(212 in 3:15-cv-00171-MO)(229 in 3:15-cv-00171-MO, 133 in 3:15-cv-00767-MO, 133 in 3:15-cv-00767-MO, 229 in 3:15-cv-00171-MO). Filed by Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
January 26, 2017 Filing 139 Motion for Leave to Appear Pro Hac Vice for Attorney Eric Holmes . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4884119. Filed by Power Equipment Direct Inc..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Markley, Julia)
January 18, 2017 Filing 138 Third Party Proposed Summons re STC International Co., Ltd. Filed by Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
January 17, 2017 Filing 137 Joint ADR Report by Plaintiffs and Defendant PED. Filed by All Plaintiffs.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO(Joncus, Stephen)
January 17, 2017 Filing 136 Joint ADR Report by Plantiffs and Defendants Sears, K-Mart, and Global. Filed by All Plaintiffs.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO(Joncus, Stephen)
January 17, 2017 Filing 135 Joint ADR Report by Plaintiffs and Defendant Home Depot. Filed by All Plaintiffs.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO(Joncus, Stephen)
January 17, 2017 Filing 134 Joint ADR Report by Plaintiffs and Defendants Sharp-Group, and Mastercraft Tools. Filed by All Plaintiffs.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO(Joncus, Stephen)
January 11, 2017 Filing 133 Motion to Strike Third Party Complaint(212 in 3:15-cv-00171-MO). Filed by All Plaintiffs.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
January 6, 2017 Filing 132 Joint Motion for Protective Order . Filed by Home Depot USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Papastavros, Nicholas)
January 5, 2017 Filing 131 Third Party Notice Waiver of the Service of Summons Filed by Zhuhai Sharp-Group Enterprise Co., Ltd.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
December 23, 2016 Filing 130 Answer to Answer to Complaint(218 in 3:15-cv-00171-MO) Answer to Counterclaims. Filed by All Plaintiffs. (Related document(s): Answer to Complaint(218 in 3:15-cv-00171-MO).)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
December 23, 2016 Filing 129 Answer to Answer to Complaint(216 in 3:15-cv-00171-MO) Answer to Counterclaims. Filed by All Plaintiffs. (Related document(s): Answer to Complaint(216 in 3:15-cv-00171-MO).)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
December 23, 2016 Filing 128 Answer to Answer to Amended Complaint, Counterclaim,, (214 in 3:15-cv-00171-MO, 214 in 3:15-cv-00171-MO) . Filed by All Plaintiffs. (Related document(s): Answer to Amended Complaint, Counterclaim,, (214 in 3:15-cv-00171-MO, 214 in 3:15-cv-00171-MO).)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
December 12, 2016 Filing 127 Third Party Proposed Summons to Trailers Intl LLC Filed by Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
December 12, 2016 Filing 126 Third Party Proposed Summons to Vince L. Webb Filed by Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
December 12, 2016 Filing 125 Third Party Proposed Summons to Frank Ferguson Filed by Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
December 5, 2016 Opinion or Order Filing 124 Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Answer to Complaint #217 in 3:15-cv-00171-MO) filed by Mastercraft Tools Florida, Inc., Xuefeng Zhang. A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: Docket entry #217 is a duplicate of docket entry #216 Amended Answer to Complaint. Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (ecp)
December 1, 2016 Opinion or Order Filing 123 STIPULATION AND ORDER REGARDING E-DISCOVERY. Signed on 12/1/16 by Judge Michael W. Mosman. (dls)
November 29, 2016 Filing 122 Stipulated Motion for Order Regarding E-Discovery. Filed by Home Depot USA, Inc..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Todaro, Anthony)
November 22, 2016 Filing 121 Response to Defendants' Proposed E-Discovery Order #120 . Filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen) Modified on 11/23/2016 to link Response to Proposed Order (jtj).
November 18, 2016 Filing 120 Proposed Proposed Form of Order Submitted re E-Discovery. Filed by All Defendants. Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
November 15, 2016 Filing 119 Notification of CM/ECF Account for Samuel V. Eichner (Pro Hac Vice admission). Your login is: sveichner. Go to #the CM/ECF login page to set your password. (ecp)
November 15, 2016 Opinion or Order Filing 118 ORDER: Granting Application for Special Admission Pro Hac Vice of Samuel V. Eichner for Xiaofei Yang, Mastercraft Tools Florida, Inc., Xuefeng Zhang,Zhuhai Sharp-Group Enterprise Co., Ltd.. Application Fee in amount of $300 collected. Receipt No. 0979-4811468 issued in case 3:15-cv-00171-MO and in case 3:15-cv-00767-MO. Signed on 11/15/2016 by Judge Michael W. Mosman. (ecp)
November 15, 2016 Opinion or Order Filing 117 ORDER: Granting Application for Special Admission Pro Hac Vice of John B. Crosetto for Global Equipment Company, Inc., K-Mart Corporation, Sears, Roebuck and Company. Application Fee in amount of $300 collected. Receipt No. 0979-4811439 issued in case 3:15-cv-00171-MO; and in case 3:15-cv-00767-MO. Signed on 11/15/2016 by Judge Michael W. Mosman. (ecp)
November 9, 2016 Filing 115 Notice of Appearance of Kathleen Carroll Bricken appearing on behalf of Global Equipment Company, Inc., K-Mart Corporation, Sears, Roebuck and Company and Notice of Appearance of John B. Crosetto Filed by on behalf of Global Equipment Company, Inc., K-Mart Corporation, Sears, Roebuck and CompanyAssociated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
November 9, 2016 Filing 114 Motion for Leave to Appear Pro Hac Vice for Attorney Samuel V. Eichner . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4811468. Filed by Xiaofei Yang, Mastercraft Tools Florida, Inc., Xuefeng Zhang, Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
November 9, 2016 Filing 113 Motion for Leave to Appear Pro Hac Vice for Attorney John B. Crosetto . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4811439. Filed by Global Equipment Company, Inc., K-Mart Corporation, Sears, Roebuck and Company.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
November 8, 2016 Filing 116 MINUTES of Proceedings: Telephone Status Conference held. Parties addressed the pretrial deadlines and issues raised in their Joint Scheduling Motion #184 . The pretrial deadlines are as follows: Initial Disclosures are due on 11/30/2016; deadline to Join Other Parties is 11/30/2016; deadline to Amend Pleadings is 12/2/2016; Joint ADR Reports are due on 1/17/2017; deadline for Fact Discovery is 5/17/2017; Initial Expert Reports are due on 5/31/2017; Responsive Expert Reports are due on 7/10/2017; deadline for Expert Discovery is 8/11/2017; Dispositive Motions are due 9/11/2017; and Pretrial Order is due 30 days after resolution of Dispositive Motions. Defendants collectively will be allowed 21 hours to depose Plaintiff Mr. Webb, in his individual and Rule 30(b)(6) capacity combined. The deposition of Defendant Mr. Yang will take place in Hong Kong. As to electronic discovery, Defendants must submit a joint proposal on discovery limits by 11/11/2016. Stephen J. Joncus present as counsel for plaintiff(s). Kathleen Carroll Bricken, Maya Choksi, Nicholas Papastavros, Anthony A. Todaro, Melise Blakeslee, Julia Markley, Mark S. Sommers and Naresh Kilaru present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (dls)
November 8, 2016 Opinion or Order Filing 112 Scheduling Order by Judge Michael W. Mosman. RESETTING THE TIME ONLY for the Oral Argument FROM 11/8/2016 at 01:30PM, SET FOR 11/8/2016 at 01:15PM in Portland by telephone before Judge Michael W. Mosman. The parties to call the court's conference line. Ordered by Judge Michael W. Mosman.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (dls)
November 2, 2016 Opinion or Order Filing 111 ORDER: GRANTING Motion for Withdrawal of Counsel #196 . Attorneys J. Peter Staples and Amelia Forsberg are withdrawn as counsel for Defendants Global Equipment Company, Inc., Sears, Roebuck and Company, and Kmart Corporation. Ordered by Judge Michael W. Mosman. (dls)
October 25, 2016 Opinion or Order Filing 110 Scheduling Order by Judge Michael W. Mosman. Status Conference is set for 11/8/2016 at 01:30PM in Portland by telephone before Judge Michael W. Mosman. The parties to call the court's conference line. Ordered by Judge Michael W. Mosman.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (dls)
October 14, 2016 Filing 109 Declaration of J. Peter Staples in Support of Motion to Withdraw as Counsel for Defendants Global Equipment Company, Kmart Corporation and Sears Roebuck and Company. Filed by Global Equipment Company, Inc., K-Mart Corporation, Sears, Roebuck and Company. (Related document(s): Motion to Withdraw, (108 in 3:15-cv-00767-MO).)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Staples, J.)
October 14, 2016 Filing 108 Motion to Withdraw as Counsel for Global Equipment Company, Inc., Kmart Corporation and Sears Roebuck and Company. Expedited Hearing requested. Filed by Global Equipment Company, Inc., K-Mart Corporation, Sears, Roebuck and Company. (Attachments: #1 Proposed Order)Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Staples, J.)
October 14, 2016 Filing 107 Notice of Attorney Substitution:Attorney Kathleen C. Bricken is substituted as counsel of record in place of Attorney J. Peter Staples and Amelia Forsberg Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd., Mastercraft Tools Florida, Inc., Xuefeng ZhangAssociated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
October 3, 2016 Opinion or Order Filing 106 ORDER: Granting Application for Special Admission Pro Hac Vice of Naresh Kilaru for Xiaofei Yang and Zhuhai Sharp-Group Enterprise Co., Ltd.. Application Fee in amount of $300 collected. Receipt No. 0979-4770242 issued in case 3:15-cv-00171-MO and 3:15-cv-00767-MO. Signed on 10/3/2016 by Judge Michael W. Mosman. (ecp)
October 3, 2016 Opinion or Order Filing 105 ORDER: Granting Application for Special Admission Pro Hac Vice of Shaobin Zhu for Xiaofei Yang and Zhuhai Sharp-Group Enterprise Co., Ltd.. Application Fee in amount of $300 collected. Receipt No. 0979-4770227 issued in case 3:15-cv-00171-MO and 3:15-cv-00767-MO. Signed on 10/3/2016 by Judge Michael W. Mosman. (ecp)
October 3, 2016 Opinion or Order Filing 104 ORDER: Granting Application for Special Admission Pro Hac Vice of Mark S. Sommers for Xiaofei Yang and Zhuhai Sharp-Group Enterprise Co., Ltd.. Application Fee in amount of $300 collected. Receipt No. 0979-4770208 issued in case 3:15-cv-00171-MO and 3:15-cv-00767-MO. Signed on 10/3/2016 by Judge Michael W. Mosman. (ecp)
September 29, 2016 Filing 103 Motion for Leave to Appear Pro Hac Vice for Attorney Naresh Kilaru . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4770242. Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
September 29, 2016 Filing 102 Motion for Leave to Appear Pro Hac Vice for Attorney Shaobin Zhu . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4770227. Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
September 29, 2016 Filing 101 Motion for Leave to Appear Pro Hac Vice for Attorney Mark S. Sommers . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4770208. Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
September 29, 2016 Filing 100 Notice of Association of Attorney Kathleen Carroll Bricken,Kathleen Carroll Bricken for Xiaofei Yang,Kathleen Carroll Bricken for Zhuhai Sharp-Group Enterprise Co., Ltd.. Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Bricken, Kathleen)
September 19, 2016 Opinion or Order Filing 99 ORDER: GRANTINGUnopposed Motion for Extension of Time to Submit Joint Scheduling Motion (183). Ordered by Judge Michael W. Mosman. (dls)
September 19, 2016 Opinion or Order Filing 98 ORDER: GRANTING Unopposed Motion for Extension of Time to Submit Joint Scheduling Motion #96 . Ordered by Judge Michael W. Mosman. (dls)
September 12, 2016 Filing 97 Proposed Joint Case Management Schedule . Filed by All Plaintiffs. Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Joncus, Stephen)
September 9, 2016 Filing 96 Unopposed Motion for Extension of Time to Submit Joint Scheduling Motion. Filed by Global Equipment Company, Inc., K-Mart Corporation, Mastercraft Tools Florida, Inc., Sears, Roebuck and Company.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (Staples, J.)
August 26, 2016 Opinion or Order Filing 95 Scheduling Order by Judge Michael W. Mosman. Joint Scheduling Motion due by 9/9/2016. Ordered by Judge Michael W. Mosman.Associated Cases: 3:15-cv-00171-MO, 3:15-cv-00767-MO (dls)
August 11, 2016 Filing 94 Notice of Case Reassignment: This case has been reassigned from Judge Anna J. Brown to Judge Michael W. Mosman. (eo)
August 4, 2016 Opinion or Order Filing 93 Opinion and Order: The Court DENIES the Motion 169 for Summary Judgment of Defendants Zhuhai Sharp-Group Enterprise Co., Ltd., and Xiaofei Yang and DENIES Plaintiffs' Motion for #171 for Partial Summary Judgment. Signed on 08/04/2016 by Judge Anna J. Brown. See attached 19 page Opinion and Order for full text. (bb)
July 14, 2016 Opinion or Order Filing 92 Order by Judge Anna J. Brown. The Court has completed a review of the record on Defendants Jumbo, Zhuhai Sharp Group, and Yangs Motion for Partial Summary Judgment 169 and Plaintiff's Motion for Partial Summary Judgment against Zhuahai Sharp-Group Enterprise #171 and concludes oral argument scheduled for July 20, 2016, is not warranted, and, therefore, the Court strikes that hearing. The Court will issue an order resolving the pending motions shortly. Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (bb)
June 23, 2016 Filing 91 Reply to Motion for Partial Summary Judgment (171 in 3:15-cv-00171-BR, 84 in 3:15-cv-00767-BR) Oral Argument requested. Filed by All Plaintiffs.Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Joncus, Stephen)
June 9, 2016 Filing 90 Supplemental Declaration of XIAOFEI YANG (FRED YANG) IN SUPPORT OF SUMMARY JUDGMENT MOTION. Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd.. (Related document(s): Motion for Partial Summary Judgment(82 in 3:15-cv-00767-BR, 169 in 3:15-cv-00171-BR).) (Attachments: #1 Exhibit 10, #2 Exhibit 11, #3 Exhibit 12, #4 Exhibit 13, #5 Exhibit 14, #6 Exhibit 15, #7 Exhibit 16, #8 Exhibit 17, #9 Exhibit 18)Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Chen, Baolin)
June 9, 2016 Filing 89 Reply MEMORANDUM IN FURTHER SUPPORT to Motion for Partial Summary Judgment (169 in 3:15-cv-00171-BR, 82 in 3:15-cv-00767-BR). Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Chen, Baolin)
June 9, 2016 Filing 88 Memorandum in Opposition to Motion for Partial Summary Judgment (171 in 3:15-cv-00171-BR, 84 in 3:15-cv-00767-BR). Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Chen, Baolin)
May 25, 2016 Filing 87 Clerk's Notice of Docket Correction regarding Exhibit 19 to the Declaration of Vince Webb (173 in 3:15-cv-00171-BR). The PDF attached to this entry at filing was incorrect. The attachment could not be opened. A corrected PDF has been uploaded and has replaced the incorrect attachment. The Notice of Electronic Filing will be regenerated to all parties. Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (eo)
May 23, 2016 Filing 86 Declaration of Vincent L. Webb . Filed by All Plaintiffs. (Related document(s): Memorandum in Opposition, (85 in 3:15-cv-00767-BR, 172 in 3:15-cv-00171-BR).) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21, #22 Exhibit Exhibit 22, #23 Exhibit Exhibit 23, #24 Exhibit Exhibit 24, #25 Exhibit Exhibit 25)Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Joncus, Stephen) (Attachment 19 replaced on 5/25/2016. NOTE: The attachment was replaced a second time, and notice is being regenerated.) (eo)
May 23, 2016 Filing 85 Memorandum in Opposition to Motion for Partial Summary Judgment (169 in 3:15-cv-00171-BR, 82 in 3:15-cv-00767-BR) Oral Argument requested. Filed by All Plaintiffs.Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Joncus, Stephen)
May 23, 2016 Filing 84 Motion for Partial Summary Judgment . Oral Argument requested. Filed by All Plaintiffs.Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Joncus, Stephen)
May 6, 2016 Filing 83 Declaration of Xiaofei Yang . Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd.. (Related document(s): Motion for Partial Summary Judgment(82 in 3:15-cv-00767-BR, 169 in 3:15-cv-00171-BR).) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Chen, Baolin)
May 6, 2016 Filing 82 Motion for Partial Summary Judgment . Oral Argument requested. Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Chen, Baolin)
April 29, 2016 Filing 81 Stipulation Agreed Statement of Facts by Plaintiffs and Jumbo by All Plaintiffs. Filed by All Plaintiffs. Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Joncus, Stephen)
April 29, 2016 Filing 80 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Rule 16 Hearing held on April 4, 2016 before Judge Anna J. Brown, Court Reporter Amanda LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/9/2016. Redaction Request due 5/23/2016. Redacted Transcript Deadline set for 6/3/2016. Release of Transcript Restriction set for 8/1/2016. Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (LeGore, Amanda)
April 18, 2016 Opinion or Order Filing 79 Scheduling Order by Judge Anna J. Brown. Joint Statement of Agreed Facts as to Plaintiff and Defendant Zhuhai Sharp-Group Enterprise Co., Ltd. due no later than 04/29/2016. Defendant Zhuhai Sharp-Group Enterprise Co., Ltd.'s Motion for Summary Judgment due 5/06/2016. Plaintiff's response to motion for summary judgment and any separately filed, stand alone cross-motion are due 5/23/2016. Defendant's reply to its motion for summary judgment and separately filed stand alone objection to any cross-motion are due 6/09/2016. Plaintiff's reply to any cross-motion is due 06/23/2016. Oral Argument set for 06/09/2016 is VACATED and is RESET for 7/20/2016 at 01:30 PM in Portland Courtroom 14A before Judge Anna J. Brown. Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (bb) Modified on 4/18/2016 CORRECTING DATE OF ORAL ARGUMENT (bb).
April 4, 2016 Filing 78 MINUTES of Proceedings: Scheduling Conference held. Joint Statement of Agreed Facts as to Plaintiff and Defendant Zhuhai Sharp-Group Enterprise Co., Ltd. due no later than 04/15/2016. Defendant Zhuhai Sharp-Group Enterprise Co., Ltd.'s Motion for Summary Judgment due 4/22/2016. Plaintiff's response to motion for summary judgment and any separately filed, stand alone cross-motion are due 5/2/2016. Defendant's reply to its motion for summary judgment and separately filed stand alone objection to any cross-motion are due 5/13/2016. Plaintiff's reply to any cross-motion is due 05/20/2016. Oral Argument is set for 6/9/2016 at 09:00 AM in Portland Courtroom 14A before Judge Anna J. Brown. Stephen Joncus present as counsel for plaintiff(s). Baolin Chen, Nicholas Papastavros, Peter Staples, Amelia Forsberg, Julia Markley present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (bb) Modified on 4/7/2016 - to correct hearing date.(peg).
April 1, 2016 Filing 77 Proposed Joint Case Management Schedule . Filed by All Plaintiffs. Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Joncus, Stephen)
March 31, 2016 Opinion or Order Filing 76 ORDER by Judge Anna J. Brown. Granting Unopposed Motion for Extension of Time (161) to File Joint Case Management Schedule. Joint Case Management Schedule is now due 4/1/2016. (bb)
March 30, 2016 Opinion or Order Filing 75 60 Day Order of Dismissal as to Steven F. Resch only by Judge Anna J. Brown. The Court having been informed that a settlement has been reached with Defendant Steven F. Resch, it is ordered that, pursuant to LR 41-1, this matter is dismissed without prejudice as to Steven F. Resch only and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action against this defendant only reinstated if the settlement is not consummated. Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (bb)
March 29, 2016 Filing 74 Unopposed Motion for Extension of Time to File Joint Case Management Schedule. Expedited Hearing requested. Filed by Home Depot USA, Inc..Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Todaro, Anthony)
March 29, 2016 Filing 73 Notice of Attorney Withdrawal: NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL Filed by Home Depot USA, Inc.Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Todaro, Anthony)
March 28, 2016 Filing 72 Answer to Jumbo's Counterclaims and Defenses. Filed by All Plaintiffs.Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Joncus, Stephen)
March 28, 2016 Filing 71 Answer to Altocraft's Counterclaims and Defenses. Filed by All Plaintiffs.Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Joncus, Stephen)
March 28, 2016 Filing 70 Notice of Substantial Settlement with Steven F. Resch Filed by All Plaintiffs Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Joncus, Stephen)
March 23, 2016 Filing 69 Clerk's Notice of Mailing to Steven F. Resch copy of Amended Scheduling Order (#154), Conference Call In Number (no document #), and Scheduling Order (#155) on 3/23/2016. Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (bb)
March 23, 2016 Opinion or Order Filing 68 Scheduling Order by Judge Anna J. Brown. Jointly proposed Case-Management Schedule is due no later than 3/30/2016 by NOON. Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (bb)
March 21, 2016 Opinion or Order Filing 67 Amended Scheduling Order by Judge Anna J. Brown. Rule 16 Conference is SET for 4/4/2016 at 03:00 PM in Portland Courtroom 14A before Judge Anna J. Brown. Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (bb)
March 21, 2016 Opinion or Order Filing 66 Scheduling Order by Judge Anna J. Brown. Rule 16 Conference is SET for 4/1/2016 at 03:00 PM in Portland Courtroom 14A before Judge Anna J. Brown. Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (bb)
March 17, 2016 Filing 65 Notice Requesting No Further Notice Filed by Orrin Lundy, Lunmar, Inc.Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Villanueva, Sarah)
March 7, 2016 Filing 64 Certificate of Service by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd. of Answer to Amended Complaint, (148 in 3:15-cv-00171-BR) Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Chen, Baolin)
March 7, 2016 Filing 63 Certificate of Service by Global Equipment Company, Inc., K-Mart Corporation, Mastercraft Tools Florida, Inc., Sears, Roebuck and Company, Xuefeng Zhang of Answer to Amended Complaint, (149 in 3:15-cv-00171-BR) on Self Represented Party Steven F. Resch Filed by Global Equipment Company, Inc., K-Mart Corporation, Mastercraft Tools Florida, Inc., Sears, Roebuck and Company, Xuefeng Zhang.Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Staples, J.)
February 26, 2016 Filing 62 Clerk's Notice of Mailing to Steven F. Resch copy of Order (#144) and Notice to Self-Represented Litigants (#145) on 2/26/2016. Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (bb)
February 26, 2016 Filing 61 Notice to Self-Represented Litigants. Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (bb)
February 26, 2016 Opinion or Order Filing 60 ORDER by Judge Anna J. Brown. The Court notes Defendant Steven F. Resch has not made any response to the Motion [127 in case 3:15-cv-00171-BR of his counsel, Kevin W. Luby, to withdraw notwithstanding the Court's direction #128 that he do so. Accordingly, on this record, the Court grants this Motion and Mr. Luby is relieved of further appearances and other duties in this case on behalf of Defendant Resch. The Court also now deems Defendant Resch as self-represented consistent with the Notice( #131 of Self-Representation previously sent to him. The Court directs the Clerk to enter Defendant Resch's contact information into the record and to send notice of this Order to Defendant Resch by the usual means. The Court also directs the parties to consider Defendant Resch as self-represented from this date forward. (bb)
February 23, 2016 Filing 59 Certificate of Service by Power Equipment Direct Inc. of Answer to Amended Complaint, (142 in 3:15-cv-00171-BR) to Steven F. Resch Filed by Power Equipment Direct Inc..Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Markley, Julia)
February 16, 2016 Opinion or Order Filing 58 ORDER by Judge Anna J. Brown. Granting Defendant Home Depot U.S.A., Inc.'s Unopposed Motion for Extension of Time to Respond to Plaintiff's Second Amended Complaint (140) in case 3:15-cv-00171-BR. Home Depot U.S.A., Inc.'s response to Second Amended Complaint is now due 3/4/2016. (bb)
February 14, 2016 Filing 57 Unopposed Motion for Extension of Time to Answer Second Amended Complaint(133 in 3:15-cv-00171-BR). Filed by Home Depot USA, Inc..Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Papastavros, Nicholas)
February 12, 2016 Opinion or Order Filing 56 ORDER by Judge Anna J. Brown. Granting the Altocraft Defendants' Motion for Extension of Time to Answer (137). The response of these Defendants to Plaintiff's Second Amended Complaint is now due no later than March 4, 2016. (bb)
February 11, 2016 Filing 55 Declaration of Xuefeng (James) Zhang In Support of Unopposed Motion for Extension of Time to Answer Second Amended Complaint. Filed by Global Equipment Company, Inc., K-Mart Corporation, Mastercraft Tools Florida, Inc., Sears, Roebuck and Company, Xuefeng Zhang. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition, (54 in 3:15-cv-00767-BR, 137 in 3:15-cv-00171-BR).)Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Staples, J.)
February 11, 2016 Filing 54 Unopposed Motion for Extension of Time to Answer Second Amended Complaint(133 in 3:15-cv-00171-BR, 50 in 3:15-cv-00767-BR). Filed by Mastercraft Tools Florida, Inc., Sears, Roebuck and Company, K-Mart Corporation, Xuefeng Zhang, Global Equipment Company, Inc..Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Staples, J.)
February 10, 2016 Opinion or Order Filing 53 ORDER by Judge Anna J. Brown. The Court has reviewed the opposed Motion #134 of the "Jumbo" Defendants to Extend Time to Respond to Second Amended Complaint and, in the exercise of its case-management discretion, the Court grants the Motion. The response of these Defendants to Plaintiff's Second Amended Complaint is now due no later than March 4, 2016. (bb)
February 9, 2016 Filing 52 Declaration of XIAOFEI YANG (FRED YANG) IN SUPPORT OF DEFENDANTS JUMBO AND YANG'S MOTION TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT. Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd.. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition, (51 in 3:15-cv-00767-BR).) (Attachments: #1 Exhibit 1)Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Chen, Baolin)
February 9, 2016 Filing 51 Motion for Extension of Time to Answer Second Amended Complaint(133 in 3:15-cv-00171-BR, 50 in 3:15-cv-00767-BR). Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Chen, Baolin)
February 5, 2016 Filing 50 Second Amended Complaint and Consolidated Complaint. Filed by Trailers Intl LLC, Vincent L. Webb against All Defendants.Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Joncus, Stephen)
February 3, 2016 Filing 49 Clerk's Notice of Mailing to Steven Resch copy of Notice to Self-Represented Litigants (#131). Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (bb) Modified on 2/3/2016 (bb).
February 3, 2016 Filing 48 Notice to Self-Represented Litigants. The Court directs Defendant Resch to file any response to Mr. Luby's Motion #127 for Withdrawal no later than 2/19/2016 after which date the court will rule on the Motion for Withdrawal. Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (bb)
February 2, 2016 Filing 47 Declaration of Kevin W. Luby/ Statement of Steven F. Resch's Contact Information . Filed by Steven F. Resch. (Related document(s): Motion to Withdraw/Substitute Attorney, (44 in 3:15-cv-00767-BR).)Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Luby, Kevin) Modified docket text to reflect pleading caption on 2/4/2016 (jtj).
February 2, 2016 Filing 46 First Declaration of Kevin W. Luby , Certificate of Compliance . Filed by Steven F. Resch. (Related document(s): Motion to Withdraw/Substitute Attorney, (44 in 3:15-cv-00767-BR).)Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Luby, Kevin)
January 19, 2016 Opinion or Order Filing 45 Order by Judge Anna J. Brown. The Court has received a Motion (#127 ) for Withdrawal of Counsel Kevin W. Luby and notes Mr. Luby's report that his client, Defendant Steven F. Resch, has not responded to Mr. Luby's several efforts to communicate with Mr. Resch. Thus, there is not any record on this Motion as to Mr. Resch's position (nor is there any record of service of the motion papers on Mr. Resch). The Court directs Mr. Luby: (1) to send to Mr. Resch copies of all the papers connected with his Motion (#127 ) for Withdrawal and a copy of this Order; (2) to file in the record a statement of Mr. Resch's last contact information (address, telephone, and email); and (3) to file a certification of the date and manner by which he notified Mr. Resch of the filings as to this issue. Upon the filing of the statement with Mr. Resch's contact information, the Clerk must send to Mr. Resch this Court's Notice to Unrepresented Persons. The Court directs Defendant Resch to file any response to Mr. Luby's Motion (#127 ) for Withdrawal no later than 2/12/2016 after which date the Court will rule on the Motion for Withdrawal. Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (sm)
January 14, 2016 Filing 44 Motion to Withdraw or Substitute an Attorney Kevin W. Luby. Filed by Steven F. Resch. (Attachments: #1 Attachment Declaration, #2 Attachment Cert. of Service, #3 Proposed Order Proposed Order)Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Luby, Kevin)
January 6, 2016 Opinion or Order Filing 43 Opinion and Order. The Court DENIES the Altocraft Defendants Motion #93 , the Jumbo Defendants Motion 95 , and Home Depots Motion 110 ; GRANTS Defendant PEDs Motion 98 to Dismiss; DISMISSES Plaintiffs Claims 1-5 as to PED without prejudice; and grants Plaintiffs leave to amend their Complaint as to PED no later than February 5, 2016. The Court also directs the Altocraft Defendants, the Jumbo Defendants, and Home Depot to file an responsive pleading to Plaintiffs next form of Complaint no later than February 19, 2016. Signed on 01/06/2016 by Judge Anna J. Brown. See attached 23 page Opinion and Order for full text. Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (bb)
December 1, 2015 Filing 42 Notice of Change of Address. Notice of Change of Firm and Address Filed by Trailers Intl LLC, Vincent L. WebbAssociated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Joncus, Stephen)
November 12, 2015 Filing 41 Notice of Attorney Withdrawal: of Jeffery A. Demland Filed by Steven F. Resch. Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Demland, Jeffery) Modified on 11/13/2015 (sss).
October 28, 2015 Filing 40 Notice of Attorney Withdrawal: Scott D. Eads Filed by Power Equipment Direct Inc.Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Markley, Julia)
October 23, 2015 Filing 39 Declaration of Matthew Brown in Support of Home Depot U.S.A., Inc.'s Motion to Stay Litigation Pending Arbitration. Filed by Home Depot USA, Inc.. (Related document(s): Reply to Motion(38 in 3:15-cv-00767-BR).) (Attachments: #1 Exhibit A)Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Papastavros, Nicholas)
October 23, 2015 Filing 38 Reply to Motion for Stay Pending Arbitration(27 in 3:15-cv-00767-BR, 110 in 3:15-cv-00171-BR). Filed by Home Depot USA, Inc..Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Papastavros, Nicholas)
October 15, 2015 Opinion or Order Filing 37 ORDER: The Court has reviewed Home Depot's Motion (# 119 ) for Extension (of time) to File Reply in further support of the pending Motion (# 110 ) to Stay. Although it is noted that Plaintiffs oppose the Motion, the Court has been informed Plaintiffs do not intend to file an opposition to the request for additional time. In the exercise of its case management discretion and because the Motion for Extension is supported by good cause, the Court GRANTS the Motion and extends until 10/23/2015 the time for Home Depot to file its Reply. Ordered by Judge Anna J. Brown. (sm)
October 13, 2015 Filing 36 Motion for Extension of Time to File a Response/Reply to Motion for Stay Pending Arbitration(27 in 3:15-cv-00767-BR, 110 in 3:15-cv-00171-BR). Filed by Home Depot USA, Inc..Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Papastavros, Nicholas)
October 9, 2015 Filing 35 Declaration of Vince Webb 2012 . Filed by Trailers Intl LLC, Vincent L. Webb. (Related document(s): Response in Opposition to Motion, (116 in 3:15-cv-00171-BR, 33 in 3:15-cv-00767-BR).) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Joncus, Stephen)
October 9, 2015 Filing 34 Declaration of Vincent Webb in Support of Plaintiffs' Opposition to Defendant Home Depot U.S.A. Inc.'s Motion to Stay Litigation Pending Abitration. Filed by Trailers Intl LLC, Vincent L. Webb. (Related document(s): Response in Opposition to Motion, (116 in 3:15-cv-00171-BR, 33 in 3:15-cv-00767-BR).) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Joncus, Stephen)
October 9, 2015 Filing 33 Response in Opposition to Motion for Stay Pending Arbitration(110 in 3:15-cv-00171-BR, 27 in 3:15-cv-00767-BR, 27 in 3:15-cv-00767-BR, 110 in 3:15-cv-00171-BR). Filed by Trailers Intl LLC, Vincent L. Webb.Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Joncus, Stephen)
October 2, 2015 Filing 32 Supplemental Memorandum in Support Regarding the scope of the Arbitration Clause. Filed by Trailers Intl LLC, Vincent L. Webb. (Related document(s): Response in Opposition to Motion,, (20 in 3:15-cv-00767-BR, 103 in 3:15-cv-00171-BR).)Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Joncus, Stephen)
October 2, 2015 Filing 31 Supplement , Brief . Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd.. (Related document(s): Motion to Dismiss/Lack of Jurisdiction, Motion to compel,, (12 in 3:15-cv-00767-BR, 12 in 3:15-cv-00767-BR, 95 in 3:15-cv-00171-BR, 95 in 3:15-cv-00171-BR).)Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Chen, Baolin)
October 2, 2015 Filing 30 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED held on September 25, 2015 before Judge Anna J. Brown, Court Reporter Amanda LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/13/2015. Redaction Request due 10/26/2015. Redacted Transcript Deadline set for 11/5/2015. Release of Transcript Restriction set for 1/4/2016. (LeGore, Amanda)
September 30, 2015 Filing 29 Notice of Attorney Withdrawal: Xavier A. Clark Filed by All Plaintiffs Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Clark, Xavier)
September 25, 2015 Filing 28 MINUTES of Proceedings: The Court held oral argument on the Altocraft Defendants' Motion #93 to Dismiss, the Jumbo Defendants' Motion 95 to Dismiss, and Power Equipment Direct's Motion 98 to Dismiss. Plaintiffs and the Jumbo Defendants may submit a supplemental memorandum of points and authorities, no greater than five pages, regarding the enforceability of the Memorandum of Understanding no later than October 2, 2015. Plaintiffs' response to Home Depot's Motion 110 for Stay Pending Arbitration is due no later than October 9, 2015. Home Depot's reply memorandum is due no later than October 16, 2015. The parties may not file any additional motions while the current motions remain pending. In addition, unless otherwise agreed by the parties, the parties may not conduct discovery during the pendency of the present motions. Stephen Joncus present as counsel for plaintiff(s). Julia Markley, Scott Eads, Melise Balkslee, Baolin Chen, Peter Staples, Amelia Forsberg, Nicholas Papastavros present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (Related document(s): Motion to Dismiss/Lack of Jurisdiction, Motion to compel,, (95 in 3:15-cv-00171-BR, 12 in 3:15-cv-00767-BR), Motion to Dismiss/Lack of Jurisdiction, (93 in 3:15-cv-00171-BR, 10 in 3:15-cv-00767-BR), Motion to Dismiss, (98 in 3:15-cv-00171-BR, 15 in 3:15-cv-00767-BR).) Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (bb)
September 23, 2015 Filing 27 Motion for Stay Pending Arbitration. Filed by Home Depot USA, Inc..Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Papastavros, Nicholas)
July 24, 2015 Opinion or Order Filing 26 Scheduling Order by Judge Anna J. Brown. Oral Argument on Altocraft Defendants Motion to Dismiss Plaintiffs First Amended Complaint or in the Alternative Compel Arbitration and Stay Litigation #93 , Defendants Yang and Zhuhai Sharp-Group (Jumbo)s Motion to Dismiss for Lack of Jurisdiction or, in the Alternative, to Compel Arbitration and Stay Litigation 95 , and Defendant Power Equipments Motion to Dismiss Claims 1-5 of the First Amended Complaint 98 is SET for 9/25/2015 at 09:00 AM in Portland Courtroom 14A before Judge Anna J. Brown. Ordered by Judge Anna J. Brown.Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (bb)
July 16, 2015 Filing 25 Reply to Motion to Dismiss Claims 1-5 of the First Amended Complaint Filer is subject to the requirements of Fed. R. Civ. P. 7.1(98 in 3:15-cv-00171-BR, 15 in 3:15-cv-00767-BR). Filed by Power Equipment Direct Inc..Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Markley, Julia)
July 16, 2015 Filing 24 Supplemental Declaration of Xuefeng Zhang In Support of the Altocraft Defendants Reply Re: Motion to Dismiss or in the Alternative Compel Arbitration. Filed by Global Equipment Company, Inc., K-Mart Corporation, Mastercraft Tools Florida, Inc., Sears, Roebuck and Company, Xuefeng Zhang. (Related document(s): Reply to Motion, (23 in 3:15-cv-00767-BR, 106 in 3:15-cv-00171-BR).)Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Staples, J.)
July 16, 2015 Filing 23 Reply of Altocraft Defendants to Motion to Dismiss for Lack of Jurisdiction or in Alternative Compel Arbitration and Stay Litigation(93 in 3:15-cv-00171-BR, 10 in 3:15-cv-00767-BR) Oral Argument requested. Filed by Global Equipment Company, Inc., K-Mart Corporation, Mastercraft Tools Florida, Inc., Sears, Roebuck and Company, Xuefeng Zhang.Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Staples, J.)
July 16, 2015 Filing 22 Supplemental Declaration of XIAOFEI YANG IN SUPPORT OF DEFENDANTS JUMBO AND YANG'S MOTION TO DISMISS OR IN THE ALTERNATIVE TO COMPEL ARBITRATION AND STAY LITIGATION. Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd.. (Related document(s): Reply to Motion,, (21 in 3:15-cv-00767-BR, 104 in 3:15-cv-00171-BR).) (Attachments: #1 Exhibit 1)Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Chen, Baolin)
July 16, 2015 Filing 21 Final Reply IN SUPPORT OF DEFENDANTS JUMBO AND YANGS MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT OR IN THE ALTERNATIVE TO COMPEL ARBITRATION AND STAY LITIGATION to Motion to Dismiss for Lack of Jurisdiction OR IN THE ALTERNATIVE TO COMPEL ARBITRATION AND STAY LITIGATION Motion to Compel (12 in 3:15-cv-00767-BR, 12 in 3:15-cv-00767-BR, 95 in 3:15-cv-00171-BR, 95 in 3:15-cv-00171-BR) Oral Argument requested. Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Chen, Baolin)
July 1, 2015 Filing 20 Response in Opposition Plaintiff's Corrected Response in Opposition to Motion to Dismiss for Lack of Jurisdiction OR IN THE ALTERNATIVE TO COMPEL ARBITRATION AND STAY LITIGATION Motion to Compel (95 in 3:15-cv-00171-BR, 12 in 3:15-cv-00767-BR, 12 in 3:15-cv-00767-BR, 12 in 3:15-cv-00767-BR, 95 in 3:15-cv-00171-BR, 95 in 3:15-cv-00171-BR) Oral Argument requested. Filed by Trailers Intl LLC, Vincent L. Webb.Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Joncus, Stephen)
July 1, 2015 Filing 19 Response in Opposition Plaintiff's Corrected Response in Opposition to Motion to Dismiss for Lack of Jurisdiction or in Alternative Compel Arbitration and Stay Litigation(93 in 3:15-cv-00171-BR, 10 in 3:15-cv-00767-BR, 93 in 3:15-cv-00171-BR, 10 in 3:15-cv-00767-BR) Oral Argument requested. Filed by Trailers Intl LLC, Vincent L. Webb.Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Joncus, Stephen)
June 29, 2015 Filing 18 Response in Opposition to Motion to Dismiss Claims 1-5 of the First Amended Complaint Filer is subject to the requirements of Fed. R. Civ. P. 7.1(98 in 3:15-cv-00171-BR, 15 in 3:15-cv-00767-BR, 98 in 3:15-cv-00171-BR, 15 in 3:15-cv-00767-BR) Oral Argument requested. Filed by Trailers Intl LLC, Vincent L. Webb.Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Joncus, Stephen)
June 29, 2015 Filing 17 Response in Opposition to Motion to Dismiss for Lack of Jurisdiction OR IN THE ALTERNATIVE TO COMPEL ARBITRATION AND STAY LITIGATION Motion to Compel (95 in 3:15-cv-00171-BR, 12 in 3:15-cv-00767-BR, 12 in 3:15-cv-00767-BR, 12 in 3:15-cv-00767-BR, 95 in 3:15-cv-00171-BR, 95 in 3:15-cv-00171-BR), Motion to Dismiss for Lack of Jurisdiction or in Alternative Compel Arbitration and Stay Litigation(93 in 3:15-cv-00171-BR, 10 in 3:15-cv-00767-BR, 93 in 3:15-cv-00171-BR, 10 in 3:15-cv-00767-BR) Oral Argument requested. Filed by Trailers Intl LLC, Vincent L. Webb.Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Joncus, Stephen)
June 12, 2015 Filing 16 Declaration of David M. Hoch In Support of Defendant Power Equipment Direct Inc.'s Motion to Dismiss. Filed by Power Equipment Direct Inc.. (Related document(s): Motion to Dismiss, (15 in 3:15-cv-00767-BR).)Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Markley, Julia)
June 12, 2015 Filing 15 Motion to Dismiss Claims 1-5 of the First Amended Complaint Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Oral Argument requested. Filed by Power Equipment Direct Inc..Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Markley, Julia)
June 12, 2015 Filing 14 Declaration of Xiaofei Yang in Support of Defendants Jumbo and Yang's Motion to Dismiss Plaintiffs' Motion to Dismiss Plaintiffs' Amended Complaint or in the Alternative to Compel Arbitration and Stay Litigation. Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd.. (Related document(s): Motion to Dismiss/Lack of Jurisdiction, Motion to compel,, (12 in 3:15-cv-00767-BR, 12 in 3:15-cv-00767-BR).) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Chen, Baolin)
June 12, 2015 Filing 13 Declaration of Baolin Chen in Support of Defendants Jumbo and Yang's Motion to Dismiss Plaintiffs' Motion to Dismiss Plaintiffs' Amended Complaint or in the Alternative to Compel Arbitration and Stay Litigation. Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd.. (Related document(s): Motion to Dismiss/Lack of Jurisdiction, Motion to compel,, (12 in 3:15-cv-00767-BR, 12 in 3:15-cv-00767-BR).) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Chen, Baolin)
June 12, 2015 Filing 12 Motion to Dismiss for Lack of Jurisdiction OR IN THE ALTERNATIVE TO COMPEL ARBITRATION AND STAY LITIGATION, Motion to Compel . Filed by Xiaofei Yang, Zhuhai Sharp-Group Enterprise Co., Ltd..Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Chen, Baolin)
June 12, 2015 Filing 11 60-DAY ORDER OF DISMISSAL : The Court having been informed by counsel for Plaintiffs that the parties have settled, as to defendants Orrin Lundy ("Lundy") and Lunmar, Inc., d/b/a Trailer World (Trailer World"). IT IS ORDERED that, pursuant to LR 41-1, this action is dismissed as to defendants Orrin Lundy ("Lundy") and Lunmar, Inc., d/b/a Trailer World (Trailer World") only with prejudice and without costs and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions, if any as to these defendants, are denied as moot. All pretrial deadlines and any trial date are stricken. By Clerk of Court Mary L. Moran.Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (bb) Modified on 6/12/2015 correcting as to defendants Orrin Lundy ("Lundy") and Lunmar, Inc., d/b/a Trailer World (Trailer World") only (bb).
June 12, 2015 Filing 10 Motion to Dismiss for Lack of Jurisdiction or in Alternative Compel Arbitration and Stay Litigation. Oral Argument requested. Filed by Mastercraft Tools Florida, Inc., Sears, Roebuck and Company, K-Mart Corporation, Xuefeng Zhang. (Attachments: #1 Declaration of Xuefeng "James" Zhang, #2 Exhibit 1 - 12/09 Agrmnt, #3 Exhibit 2 - 5/6/11 Agrmnt)Associated Cases: 3:15-cv-00171-BR, 3:15-cv-00767-BR (Staples, J.)
June 3, 2015 Opinion or Order Filing 9 Order by Judge Anna J. Brown. This matter is now consolidated with 3:15-cv-00171-BR. 3:15-cv-00171-BR shall be the LEAD CASE. All pleadings subsequent to the date of this Order shall be filed electronically in the LEAD CASE 3:15-cv-00171-BR ONLY. On the case caption the lead case shall be listed first 3:15-cv-00171-BR (Lead Case) followed by the other case number (3:15-cv-00767-BR) listed underneath. (bb)
May 29, 2015 Opinion or Order Filing 8 ORDER by Judge Anna J. Brown. Granting Defendant Xiaofei Yan's Unopposed Motion #7 to Extend Time to Respond to Amended Complaint. Xiaofei Yan's response to Amended Complaint is now due 06/12/2015. (bb)
May 28, 2015 Filing 7 Unopposed Motion to Extend Time to Respond to Amended Complaint. Filed by All Defendants. (Chen, Baolin)
May 19, 2015 Filing 6 Notice of Case Reassignment: This case has been reassigned from Judge Michael H. Simon to Judge Anna J. Brown. (sm)
May 15, 2015 Filing 5 Notice Of Related Case Filed by All Plaintiffs (Clark, Xavier)
May 4, 2015 Filing 4 Corporate Disclosure Statement . Filed by Trailers Intl LLC, Vincent L. Webb. (Clark, Xavier)
May 4, 2015 Filing 3 Summons Issued Electronically as to Xiaofei Yang. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sss)
May 4, 2015 Opinion or Order Filing 2 Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 9/1/2015. Joint Alternate Dispute Resolution Report is due by 10/1/2015. Pretrial Order is due by 10/1/2015. Ordered by Judge Michael H. Simon. (sss)
May 4, 2015 Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-4103376 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: Yes. Included patents/trademarks: 3226766--4/10/2007--Vincent L. Webb, 3278153--8/7/2007--Vincent L. Webb, 4458788--12/13/2013--Vincent L. Webb, 4582732--8/12/2014--Vincent L. Webb. Filed by TRAILERS INTL LLC, Vincent L. Webb against Xiaofei Yang (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Joncus, Stephen)

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3rd party defendant: Sun Tech Limited
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3rd party defendant: Super Test Corp.
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3rd party defendant: Rockford Commercial Warehouse, Inc.
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Plaintiff: Trailers Intl LLC
Represented By: Elizabeth E. Lampson
Represented By: Xavier A. Clark
Represented By: Stephen J. Joncus
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Plaintiff: Vincent L. Webb
Represented By: Stephen J. Joncus
Represented By: Elizabeth E. Lampson
Represented By: Xavier A. Clark
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Defendant: Xiaofei Yang
Represented By: Mark S. Sommers
Represented By: Naresh Kilaru
Represented By: Samuel V. Eichner
Represented By: Shaobin Zhu
Represented By: Baolin Chen
Represented By: Kathleen Carroll Bricken
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