Case details

Court: casd
Docket #: 3:10-cv-00581
Case Name: McCabe v. Floyd Rose Guitars et al
PACER case #: 318870
Date filed: 2010-03-19
Date terminated: 2013-07-23
Assigned to: Judge Janis L. Sammartino
Referred to: Magistrate Judge Jan M. Adler
Case Cause: 35:0271 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Geoffrey L. McCabe
Counter Defendant
an individual residing in California		 
Douglas E Olson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James V Fazio , III
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jessica Sung Mi Mitchell
(See above for address)
TERMINATED: 12/16/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Trevor Quick Coddington
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Floyd Rose Guitars
Counter Claimant
a Washington corporation		 
Justin D. Denlinger
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William Karl Mills
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Floyd Rose Marketing, Inc.
Defendant
a Washington corporation
Floyd D. Rose
Counter Claimant
an individual residing in Washington		 
Justin D. Denlinger
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William Karl Mills
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Davitt & Hanser Music Co.
Defendant
a Kentucky corporation
Ping Well Industrial Co. Ltd
Counter Claimant
a Taiwan corporation		 
Justin D. Denlinger
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William Karl Mills
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
DOES
Defendant
4 through 10
Floyd Rose Marketing, Inc.
Defendant
a Washington corporation
Davitt & Hanser Music Co.
Defendant
a Kentucky corporation
Kahler International, Inc.
Plaintiff
 
Douglas E Olson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James V Fazio , III
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Trevor Quick Coddington
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Floyd Rose Marketing, Inc.
Counter Claimant
a Washington corporation		 
Justin D. Denlinger
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William Karl Mills
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Davitt & Hanser Music Co.
Counter Claimant
a Kentucky corporation		 
Justin D. Denlinger
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William Karl Mills
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
AP Global Enterprises Inc.
Counter Claimant
formerly DOE 1		 
Justin D. Denlinger
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William Karl Mills
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Schaller Electronic GmbH
Counter Claimant
formerly DOE 2		 
Justin D. Denlinger
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William Karl Mills
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Lerner, David, Littenberg, Krumholz and Mentlik LLP
Counter Claimant
formerly DOE 3		 
Justin D. Denlinger
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William Karl Mills
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-03-19 1 0 COMPLAINT with Jury Demand against Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Ping Well Industrial Co. Ltd, Floyd D. Rose, and DOES ( Filing fee $ 350 receipt number 11322.), filed by Geoffrey L. McCabe.(jer) (jcj). (Entered: 03/19/2010) 2010-03-22 10:38:33 f77aac34f9710e8e28d7dc222e0feb78127c0dee
2010-03-19 2 0 REPORT on the filing or determination of an action regarding patent numbers *5,965,831*, *5,986,191*, *6,175,066*, *6,891,094*, *7,470,841* (jer) (Entered: 03/19/2010) 2010-03-22 10:45:15 8eb845e3e029eb9f3b193ae8b49064e2d025cf8c
2010-03-19 3 0 NOTICE OF RELATED CASE by Geoffrey L. McCabe. (No related cases exist in this court) (cap) (Entered: 03/22/2010)
2010-07-15 4 0 WAIVER OF SERVICE Returned Executed by Geoffrey L. McCabe. Floyd D. Rose waiver sent on 7/8/2010, answer due 9/7/2010. (Coddington, Trevor) (srm). (Entered: 07/15/2010)
2010-07-15 5 0 WAIVER OF SERVICE Returned Executed by Geoffrey L. McCabe. Floyd Rose Marketing, Inc. waiver sent on 7/8/2010, answer due 9/7/2010. (Coddington, Trevor) (srm). (Entered: 07/15/2010)
2010-07-15 6 0 WAIVER OF SERVICE Returned Executed by Geoffrey L. McCabe. Floyd Rose Guitars waiver sent on 7/8/2010, answer due 9/7/2010. (Coddington, Trevor) (srm). (Entered: 07/15/2010)
2010-07-15 7 0 WAIVER OF SERVICE Returned Executed by Geoffrey L. McCabe. Davitt & Hanser Music Co. waiver sent on 7/8/2010, answer due 9/7/2010. (Coddington, Trevor) (srm). (Entered: 07/15/2010)
2010-07-15 8 0 WAIVER OF SERVICE Returned Executed by Geoffrey L. McCabe. Ping Well Industrial Co. Ltd waiver sent on 7/8/2010, answer due 10/6/2010. (Coddington, Trevor) (srm). (Entered: 07/15/2010)
2010-08-12 9 0 Minute Entry :The Court (Judge Whelan) orders the case returned to the civil draw. The Hon. Janis L. Sammartino assigned. Judge Janis L. Sammartino added to the case. Judge Thomas J. Whelan is no longer assigned to case and Judge Janis L. Sammartino is now assigned to the case. The new case number is 10CV0581-JLS(JMA)(ct) (Entered: 08/12/2010)
2010-09-07 10 0 Joint MOTION for Extension of Time to File Answer Plaintiff's Complaint by Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Ping Well Industrial Co. Ltd, Floyd D. Rose. (Attachments: # 1 [Proposed] Order)(Denlinger, Justin) (QC Mailer sent re proposed order) (lmt). (Entered: 09/07/2010)
2010-09-07 11 0 NOTICE of Party With Financial Interest by Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Ping Well Industrial Co. Ltd, Floyd D. Rose (Denlinger, Justin) (QC Mailer sent re s/) (lmt). (Entered: 09/07/2010)
2010-09-09 12 0 NOTICE of Appearance by Douglas E Olson on behalf of Geoffrey L. McCabe (Olson, Douglas) (QC Mailer re cert service) (lmt). (Entered: 09/09/2010)
2010-09-10 13 0 ORDER granting 10 Joint Motion for Extension of Time to Respond to Plaintiff's Complaint: Defendants Floyd Rose Guitars; Floyd Rose Marketing, Inc.; Floyd D. Rose; Davitt & Hanser Music Co.; and Ping Well industrial Co., Ltd. shall all have until on or before 10/6/10, to answer or otherwise respond to Plaintiff Geoffrey L. McCabe's complaint in this matter. Signed by Judge Janis L. Sammartino on 9/10/10. (lmt) (av1). (Entered: 09/13/2010)
2010-09-16 14 0 NOTICE of Appearance by Jessica Sung Mi Mitchell on behalf of Geoffrey L. McCabe (Mitchell, Jessica) (lmt). (Entered: 09/16/2010)
2010-09-16 15 0 NOTICE of Appearance by James V Fazio, III on behalf of Geoffrey L. McCabe (Fazio, James) (lmt). (Entered: 09/16/2010)
2010-10-06 16 0 ANSWER to 1 Complaint, JOINT ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANTS FLOYD ROSE MARKETING, INC. AND FLOYD ROSE GUITARS, COUNTERCLAIM OF DEFENDANT FLOYD ROSE MARKETING, INC. ONLY against Geoffrey L. McCabe by Floyd Rose Marketing, Inc., Floyd Rose Guitars.(Denlinger, Justin)(QC Mailer re cert of service, s/) (lmt). (Entered: 10/06/2010)
2010-10-06 17 0 MOTION for Order, MOTION to Dismiss for Lack of Jurisdiction Defendant Floyd D. Rose's Notice of Motion and Motion (1) To Dismiss for Lack of Personal Jurisdiction Over Floyd D. Rose (FRCP Rule 12(b)(2)); (2) For A More Definite Statement (FRCP Rule 12(e)); and (3) To Strike (FRCP Rule 12(f); Memorandum of Points and Authorities; Declaration of Floyd D. Rose In Support Thereof by Floyd D. Rose. (Denlinger, Justin) (QC Mailer re s/; cert of service) (lmt). (Entered: 10/06/2010)
2010-10-06 18 0 MOTION to Dismiss for Lack of Jurisdiction Defendant Davitt & Hanser Music Co.'s Notice of Motion and Motion: (1) For A More Definite Statement (FRCP Rule 12(e)); (2) To Strike (FRCP Rule 12(f)); Memorandum of Points and Authorities by Davitt & Hanser Music Co.. (Denlinger, Justin)(QC Mailer re cert of service; s/) (lmt). (Entered: 10/06/2010)
2010-10-06 19 0 MOTION to Dismiss for Lack of Jurisdiction Defendant Ping Well Industrial Co., Ltd.'s Notice of Motion and Motion: (1) To Dismiss For Lack of Personal Jurisdiction Over Ping Well (FRCP Rule 12(b)(2)); (2) For A More Definite Statement (FRCP Rule 12(e)); (3) to Strike (FRCP Rule 12(f)); Memorandum of Points and Authorities; Declaration of Brian Chang In Support Thereof by Ping Well Industrial Co. Ltd. (Denlinger, Justin)(QC Mailer re cert of service; s/) (lmt). (Entered: 10/06/2010)
2010-10-07 20 0 CERTIFICATE OF SERVICE by Floyd Rose Guitars, Floyd Rose Marketing, Inc. re 16 Answer to Complaint, Counterclaim,, (Denlinger, Justin) (lmt). (Entered: 10/07/2010)
2010-10-07 21 0 CERTIFICATE OF SERVICE by Floyd D. Rose re 17 MOTION for Order MOTION to Dismiss for Lack of Jurisdiction Defendant Floyd D. Rose's Notice of Motion and Motion (1) To Dismiss for Lack of Personal Jurisdiction Over Floyd D. Rose (FRCP Rule 12(b)(2)); (2) For A More Definite Statement (FRCP Rule 12(e)); and MOTION to Dismiss for Lack of Jurisdiction Defendant Floyd D. Rose's Notice of Motion and Motion (1) To Dismiss for Lack of Personal Jurisdiction Over Floyd D. Rose (FRCP Rule 12(b)(2)); (2) For A More Definite Statement (FRCP Rule 12(e)); and (Denlinger, Justin) (lmt). (Entered: 10/07/2010)
2010-10-07 22 0 CERTIFICATE OF SERVICE by Davitt & Hanser Music Co. re 18 MOTION to Dismiss for Lack of Jurisdiction Defendant Davitt & Hanser Music Co.'s Notice of Motion and Motion: (1) For A More Definite Statement (FRCP Rule 12(e)); (2) To Strike (FRCP Rule 12(f)); Memorandum of Points and Authorities MOTION to Dismiss for Lack of Jurisdiction Defendant Davitt & Hanser Music Co.'s Notice of Motion and Motion: (1) For A More Definite Statement (FRCP Rule 12(e)); (2) To Strike (FRCP Rule 12(f)); Memorandum of Points and Authorities (Denlinger, Justin) (lmt). (Entered: 10/07/2010)
2010-10-07 23 0 CERTIFICATE OF SERVICE by Ping Well Industrial Co. Ltd (Denlinger, Justin) (lmt). (Entered: 10/07/2010)
2010-10-08 24 0 NOTICE AND ORDER for Early Neutral Evaluation Conference: A telephonic Early Neutral Evaluation is set for 11/10/2010 at 09:30 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 10/8/10.(lmt) (av1). (Entered: 10/08/2010)
2010-10-22 25 0 AMENDED DOCUMENT by Ping Well Industrial Co. Ltd. AMENDED DECLARATION OF BRIAN CHANG IN SUPPORT OF DEFENDANT IPNG WELL INDUSTRIAL CO.'S NOTICE OFM OTION AND MOTION: (1) TO DISMISS FOR LACK OF PERSONAL JURISDICTION OVER FLOYD D. ROSE; (2) FOR A MORE DEFINITE STATEMENT; AND (3) TO STRIKE. (Denlinger, Justin) (QC Mailer re caps and cert of service) (lmt). (Entered: 10/22/2010)
2010-10-25 26 0 ANSWER TO COMPLAINT/COUNTERCLAIM - REPLY - Other re 16 Answer to Complaint, Counterclaim,, filed by Geoffrey L. McCabe. (Fazio, James) Atty notified re wrong event and s/ (lmt). (Entered: 10/25/2010)
2010-11-10 27 0 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Early Neutral Evaluation Conference held on 11/10/2010. The Court defers the issuance of Fed. R. Civ. P. 26 dates at this time. (Plaintiff Attorneys Douglas Olson, James Fazio III, Trevor Coddington). (Defendant Attorney Justin Denlinger). (cdc) (Entered: 11/10/2010)
2010-11-24 28 0 RESPONSE in Opposition re 18 MOTION to Dismiss for Lack of Jurisdiction Defendant Davitt & Hanser Music Co.'s Notice of Motion and Motion: (1) For A More Definite Statement (FRCP Rule 12(e)); (2) To Strike (FRCP Rule 12(f)); Memorandum of Points and Authorities MOTION to Dismiss for Lack of Jurisdiction Defendant Davitt & Hanser Music Co.'s Notice of Motion and Motion: (1) For A More Definite Statement (FRCP Rule 12(e)); (2) To Strike (FRCP Rule 12(f)); Memorandum of Points and Authorities filed by Geoffrey L. McCabe. (Attachments: # 1 Proof of Service)(Fazio, James) (lmt). (Entered: 11/24/2010)
2010-11-24 29 0 RESPONSE in Opposition re MOTION to Dismiss for Lack of Jurisdiction Defendant Ping Well Industrial Co., Ltd.'s Notice of Motion and Motion: (1) To Dismiss For Lack of Personal Jurisdiction Over Ping Well (FRCP Rule 12(b)(2)); (2) For A More Definite Statement (FRCP Rule 12(e)); (3) to Strike (FRCP Rule 12(f)); Memorandum of Points and Authorities filed by Geoffrey L. McCabe. (Attachments: # 1 Proof of Service, # 2 Declaration of James v. Fazio, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 D)(Fazio, James) (lmt). (Entered: 11/24/2010)
2010-11-24 30 0 RESPONSE in Opposition re 17 MOTION for Order MOTION to Dismiss for Lack of Jurisdiction Defendant Floyd D. Rose's Notice of Motion and Motion (1) To Dismiss for Lack of Personal Jurisdiction Over Floyd D. Rose (FRCP Rule 12(b)(2)); (2) For A More Definite Statement (FRCP Rule 12(e)); and MOTION to Dismiss for Lack of Jurisdiction Defendant Floyd D. Rose's Notice of Motion and Motion (1) To Dismiss for Lack of Personal Jurisdiction Over Floyd D. Rose (FRCP Rule 12(b)(2)); (2) For A More Definite Statement (FRCP Rule 12(e)); and filed by Geoffrey L. McCabe. (Attachments: # 1 Declaration Geoffrey McCabe, # 2 Exhibit A, # 3 Declaration Trevor Coddington, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Proof of Service)(Coddington, Trevor) (Atty contacted re s/) (lmt). (Entered: 11/24/2010)
2010-12-03 31 0 REPLY - Other re 18 MOTION to Dismiss for Lack of Jurisdiction Defendant Davitt & Hanser Music Co.'s Notice of Motion and Motion: (1) For A More Definite Statement (FRCP Rule 12(e)); (2) To Strike (FRCP Rule 12(f)); Memorandum of Points and Authorities MOTION to Dismiss for Lack of Jurisdiction Defendant Davitt & Hanser Music Co.'s Notice of Motion and Motion: (1) For A More Definite Statement (FRCP Rule 12(e)); (2) To Strike (FRCP Rule 12(f)); Memorandum of Points and Authorities filed by Davitt & Hanser Music Co.. (Denlinger, Justin) (atty contacted re cert of service) (lmt). (Entered: 12/03/2010)
2010-12-03 32 0 REPLY - Other re 17 MOTION for Order MOTION to Dismiss for Lack of Jurisdiction Defendant Floyd D. Rose's Notice of Motion and Motion (1) To Dismiss for Lack of Personal Jurisdiction Over Floyd D. Rose (FRCP Rule 12(b)(2)); (2) For A More Definite Statement (FRCP Rule 12(e)); and MOTION to Dismiss for Lack of Jurisdiction Defendant Floyd D. Rose's Notice of Motion and Motion (1) To Dismiss for Lack of Personal Jurisdiction Over Floyd D. Rose (FRCP Rule 12(b)(2)); (2) For A More Definite Statement (FRCP Rule 12(e)); and Evidentiary Objections to Declarations of Trevor coddington and Geoffrey L. McCabe in Support of Opposition to Floyd D. Rose's Motions filed by Floyd D. Rose. (Attachments: # 1 Evidentiary Objections to Declarations of Trevor Coddington and Geoffrey L. McCabe In Support of Opposition to Floyd D. Rose's Motions)(Denlinger, Justin) (atty contacted re cert of service) (lmt). (Entered: 12/03/2010)
2010-12-03 33 0 REPLY - Other Defendant Ping Well Industrial Co., Ltd's Reply in Support of Its Motion to Dismiss filed by Ping Well Industrial Co. Ltd. (Attachments: # 1 Evidentiary Objections to Declaration of James V. Fazio, III In Support of Opposition to Ping Well Motions, # 2 Declaration Further Declaration of Brian Chang in Support of Defendant Ping Well Industrial Co.'s Reply to the Opposition to the Motions)(Denlinger, Justin) (atty contacted re cert of service) (lmt). (Entered: 12/03/2010)
2010-12-06 34 0 AFFIDAVIT of Service for Ping Well Industrial Co., Ltd; Floyd D. Rose and Davitt & Hanser's Reply In Support of Motion (1) To Dismiss for Lack of Personal Jurisdiction; For A More Definitive Statement and To Strike served on Douglas E. Olson; James V. Fazio; Trevor Q. Coddington; and Jessical S. Mitchell on December 3, 2010, filed by Davitt & Hanser Music Co., Ping Well Industrial Co. Ltd, Floyd D. Rose., CERTIFICATE OF SERVICE by Davitt & Hanser Music Co., Ping Well Industrial Co. Ltd, Floyd D. Rose re 32 Reply - Other,,, 33 Reply - Other, 31 Reply - Other,, (Denlinger, Justin) (atty contacted re non-atty s/ cert of service)(lmt). (Entered: 12/06/2010)
2010-12-06 35 0 ORDER Vacating Hearing re 17 Motion for Order and Motion to Dismiss for Lack of Jurisdiction; 18 Motion to Dismiss for Lack of Jurisdiction; 19 Motion to Dismiss for Lack of Jurisdiction: The motion hearing set for 12/10/10 is vacated and the matter is taken under submission without oral argument. Signed by Judge Janis L. Sammartino on 12/6/10. (lmt) (av1). (Entered: 12/06/2010)
2010-12-07 36 0 CERTIFICATE OF SERVICE by Davitt & Hanser Music Co., Ping Well Industrial Co. Ltd, Floyd D. Rose re 32 Reply - Other,,, 33 Reply - Other, 31 Reply - Other,, (Denlinger, Justin) (lmt). (Entered: 12/07/2010)
2010-12-10 37 0 MOTION to Stay Proceeding Pending Re-Examination by Floyd Rose Marketing, Inc.. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Proof of Service)(Denlinger, Justin) (lmt). (Entered: 12/10/2010)
2010-12-14 38 0 ORDER Setting Briefing Schedule as to 37 MOTION to Stay Proceeding Pending Re-Examination : Plaintiff shall file an opposition on or before 1/14/11. Defendant, if it wishes, shall file a reply on or before 1/21/11. Signed by Judge Janis L. Sammartino on 12/14/10.(lmt) (cap). (Entered: 12/14/2010)
2010-12-16 39 0 NOTICE by Geoffrey L. McCabe NOTICE OF WITHDRAWAL of Jessica Sung Mi Mitchell (Coddington, Trevor)(atty contacted re cert of service) (lmt). (Entered: 12/16/2010)
2010-12-17 40 0 CERTIFICATE OF SERVICE by Geoffrey L. McCabe re 39 Notice (Other) NOTICE OF WITHDRAWAL of Jessica Sung Mi Mitchell (Coddington, Trevor) (lmt). (Entered: 12/17/2010)
2011-01-11 41 0 Joint Motion for Leave to Live First Amended Complaint - NOTICE by Geoffrey L. McCabe Stipulation to Filing of Amended Complaint (Coddington, Trevor) Modified to change event on 1/12/2011 and atty contacted re wrong s/ (lmt). (Entered: 01/11/2011)
2011-01-11 42 0 First AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Geoffrey L. McCabe.New Summons Requested. (Coddington, Trevor) Modified to add text on 1/12/2011 and atty contacted re no leave to file and s/ (lmt). Modified to edit text on 1/13/2011 (lmt). (Entered: 01/11/2011)
2011-01-12 43 0 NOTICE of Appearance by William Karl Mills on behalf of Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Ping Well Industrial Co. Ltd, Floyd D. Rose (Mills, William) (atty contacted re cert of service) (lmt). (Entered: 01/12/2011)
2011-01-13 44 0 ORDER granting 41 Joint Motion for Leave to File First Amended Complaint and finding as moot 17 18 19 Defendants' Motions to Dismiss: Plaintiff may file a First Amended Complaint and the First Amended Complaint is deemed filed and properly served as of the date of the stipulation was filed and electronically served upon Defendants. Signed by Judge Janis L. Sammartino on 1/13/11. (lmt) (av1). (Entered: 01/13/2011)
2011-01-14 45 0 RESPONSE in Opposition re 37 MOTION to Stay Proceeding Pending Re-Examination filed by Geoffrey L. McCabe. (Attachments: # 1 Declaration James Fazio, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Request for Judicial Notice)(Fazio, James) (atty contacted re s/ cert of service) (lmt). (Entered: 01/14/2011)
2011-01-21 46 0 RESPONSE in Support re 37 MOTION to Stay Proceeding Pending Re-Examination filed by Floyd Rose Marketing, Inc.. (Attachments: # 1 Evidentiary Objections to Fazio Declaration and Request for Judicial Notice, # 2 Appendix Appendix of Authorities, # 3 Proof of Service Certificate of Service)(Denlinger, Justin) (atty contacted re s/) (lmt). (Entered: 01/21/2011)
2011-01-25 47 0 Summons Issued on First Amended Complaint adding AP Global Enterprises Inc. and Schaller Electronic GmbH. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (lmt) (Entered: 01/25/2011)
2011-01-25 48 0 NOTICE of Party With Financial Interest by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Ping Well Industrial Co. Ltd, Floyd D. Rose, Schaller Electronic GmbH (Attachments: # 1 Certificate of Service)(jpp) (Main Document 48 replaced on 1/27/2011) (sjt). (Attachment 1 replaced on 1/27/2011) (sjt). (Entered: 01/27/2011)
2011-01-25 49 0 Joint MOTION for Extension of Time to File Answer First Amended Complaint, by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Ping Well Industrial Co. Ltd, Schaller Electronic GmbH. (Attachments: # 1 Certificate of Service)(jpp) (Main Document 49 replaced on 1/27/2011) (sjt). (Attachment 1 replaced on 1/27/2011) (sjt). (Entered: 01/27/2011)
2011-01-27 50 0 ORDER granting 49 Joint Motion for Extension of Time to Respond to First Amended Complaint: Defendants shall have 30 days following this Court's ruling on the presently-pending Motion to stay this litigation to answer or otherwise respond to Plaintiff's First Amended Complaint. Signed by Judge Janis L. Sammartino on 1/27/11. (lmt) (Entered: 01/28/2011)
2011-02-03 51 0 DECLARATION re 46 Response in Support of Motion, Declaration of Justin D. Denlinger in further support of Floyd Rose Marketing Inc's Motion to Stay Proceeding Pending Re-Examination by Defendant Floyd Rose Marketing, Inc. (Denlinger, Justin) (atty contacted re caps and cert of service) (lmt). (Entered: 02/03/2011)
2011-02-04 52 0 CERTIFICATE OF SERVICE by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Ping Well Industrial Co. Ltd, Floyd D. Rose, Schaller Electronic GmbH re 51 Declaration, (Denlinger, Justin) (lmt). (Entered: 02/04/2011)
2011-02-07 53 0 DECLARATION re 46 Response in Support of Motion, Second Declaration of Justin D. Denlinger in Further Support of Floyd Rose Marketing Inc.'s Motion to Stay Proceeding Pending Re-Ecamination by Defendant Floyd Rose Marketing, Inc.. (Attachments: # 1 Proof of Service)(Denlinger, Justin)(atty contacted re CAPS)Modified on 2/8/11 to remove CAPS (lmt). (Entered: 02/07/2011)
2011-02-18 54 0 ORDER (1) Requesting Supplemental Briefing and (2) Resetting Hearing: Defendant shall file a supplemental brief addressing only whether staying this action is appropriate on or before 3/4/11. Plaintiff shall file a response, if any, on or before 3/11/11. The briefs shall be no longer than 10 pages. The hearing on 37 MOTION to Stay Proceeding Pending Re-Examination is reset for 4/1/11 at 3:00 PM. Signed by Judge Janis L. Sammartino on 2/18/11.(lmt) (jcj). (Entered: 02/18/2011)
2011-03-04 55 0 SUPPLEMENTAL BRIEFING by Defendant Floyd Rose Marketing, Inc. re 37 MOTION to Stay Proceeding Pending Re-Examination. (Attachments: # 1 Proof of Service)(Denlinger, Justin) (knh). (Entered: 03/04/2011)
2011-03-11 56 0 SUPPLEMENTAL BRIEFING by Plaintiff Geoffrey L. McCabe re 54 Order, Set Motion and R&R Deadlines/Hearings,, 37 MOTION to Stay Proceeding Pending Re-Examination. (Attachments: # 1 Declaration Trevor Coddington, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Declaration Geoffrey McCabe, # 9 Proof of Service)(Coddington, Trevor) (lmt). (Entered: 03/11/2011)
2011-03-21 57 0 AFFIDAVIT in Opposition re 37 MOTION to Stay Proceeding Pending Re-Examination Supplemental Declaration of Trevor Coddington filed by Geoffrey L. McCabe. (Attachments: # 1 Exhibit A, # 2 Proof of Service)(Coddington, Trevor) (lmt). (Entered: 03/21/2011)
2011-03-28 58 0 ORDER Vacating Hearing re 37 Motion to Stay: The motion hearing set for 4/1/11, is vacated, and the matter is taken under submission without oral argument. Signed by Judge Janis L. Sammartino on 3/28/11. (lmt) (jcj). (Entered: 03/28/2011)
2011-03-31 59 0 Ex Parte MOTION (Application) for Leave to File Sur-Reply in Support of Motion to Stay Proceeding Pending Re-Examination by Floyd Rose Marketing, Inc. (Attachments: # 1 Denlinger Declaration, # 2 Denlinger Declaration Exhibits 1-2, # 3 [Proposed] Order, # 4 Proof of Service)(Denlinger, Justin) Modified on 4/1/2011 - Added "Application" to text/motion text; edited attachment descriptions in text; sent qc reminder e-mail re proposed orders. (mdc) (Entered: 03/31/2011)
2011-04-01 60 0 RESPONSE in Opposition re 59 Ex Parte MOTION (Application) for Leave to File Sur-Reply in Support of Motion to Stay Proceeding Pending Re-Examination filed by Geoffrey L. McCabe. (Attachments: # 1 Proof of Service)(Coddington, Trevor) Modified on 4/4/2011 to delete duplicate text (lao). (Entered: 04/01/2011)
2011-04-12 61 0 ORDER (1) granting in part and denying in part 37 Defendant's Motion to Stay Proceedings Pending Re-Examination and (2) denying 59 Defendant's Ex Parte Motion for Leave to File Sur-Reply. The Court grants Defendant's Motion to Stay as to the five patent infringement claims. This action is stayed as to claims 1-5 of Plaintiff's first amended complaint. The Court denies Defendant's Motion to Stay as to claims 6-8. Signed by Judge Janis L. Sammartino on 4/12/11. (lmt) Modified text on 4/13/2011 (jcj). (Entered: 04/12/2011)
2011-05-12 62 0 DOCUMENT STRICKEN PER 68 ORDER - MOTION to Dismiss by Ping Well Industrial Co. Ltd. (Attachments: # 1 Proof of Service)(Denlinger, Justin) (lmt). Modified on 5/16/2011 (lmt). (Entered: 05/12/2011)
2011-05-12 63 0 DOCUMENT STRICKEN PER 68 - MOTION to Dismiss by AP Global Enterprises Inc.. (Attachments: # 1 Proof of Service)(Denlinger, Justin) (lmt). Modified on 5/16/2011 (lmt). (Entered: 05/12/2011)
2011-05-12 64 0 DOCUMENT STRICKEN PER 68 ORDER - MOTION to Dismiss by Davitt & Hanser Music Co.. (Attachments: # 1 Proof of Service)(Denlinger, Justin) (lmt). Modified on 5/16/2011 (lmt). (Entered: 05/12/2011)
2011-05-12 65 0 DOCUMENT STRICKEN PER 68 ORDER - MOTION to Dismiss by Floyd Rose Marketing, Inc.. (Attachments: # 1 Proof of Service)(Denlinger, Justin) (lmt). Modified on 5/16/2011 (lmt). (Entered: 05/12/2011)
2011-05-12 66 0 DOCUMENT STRICKEN PER 68 ORDER - MOTION to Dismiss by Floyd D. Rose. (Attachments: # 1 Proof of Service)(Denlinger, Justin) (lmt). Modified on 5/16/2011 (lmt). (Entered: 05/12/2011)
2011-05-12 67 0 DOCUMENT STRICKEN PER 68 ORDER - MOTION to Dismiss by Schaller Electronic GmbH. (Attachments: # 1 Proof of Service)(Denlinger, Justin) (lmt). Modified on 5/16/2011 (lmt). (Entered: 05/12/2011)
2011-05-16 68 0 ORDER Striking Motions 62 , 63 , 64 , 65 , 66 , 67 to Dismiss: The Court, on its own motion, STRIKES all 6 motions from the docket. Defendants are ORDERED to consolidate their motions to dismiss. Defendants have 30 days from the day this Order is electronically docketed to respond to Plaintiff's First Amended Complaint. Signed by Judge Janis L. Sammartino on 5/16/11.(lmt) (jrl). (Entered: 05/16/2011)
2011-06-15 69 0 MOTION to Dismiss by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Ping Well Industrial Co. Ltd, Floyd D. Rose, Schaller Electronic GmbH. (Attachments: # 1 Declaration Brian Chang, # 2 Declaration Floyd D. Rose, # 3 Certificate of Service)(Denlinger, Justin)(lmt). (Entered: 06/15/2011)
2011-06-20 70 0 ORDER (1) Resetting Hearing Date on Motion to Dismiss and (2) Setting Briefing Schedule as to 69 MOTION to Dismiss: Opposition due by 7/14/2011 and Reply due by 7/21/2011. The Motion Hearing set for 7/15/11 is vacated and reset for 10/6/2011 at 01:30 PM. Signed by Judge Janis L. Sammartino on 6/20/11.(lmt) (jcj). (Entered: 06/20/2011)
2011-06-30 71 0 Notice of Errata re 69 MOTION to Dismiss by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Ping Well Industrial Co. Ltd, Floyd D. Rose, Schaller Electronic GmbH. (Denlinger, Justin) Modified to correct event on 7/1/2011 (lmt). (Entered: 06/30/2011)
2011-07-14 72 0 RESPONSE in Opposition re 69 MOTION to Dismiss, 71 MOTION to Amend/Correct 69 MOTION to Dismiss MOTION to Amend/Correct 69 MOTION to Dismiss Public Redacted Version filed by Geoffrey L. McCabe. (Attachments: # 1 Declaration Trevor Coddington, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Proof of Service)(Coddington, Trevor) (lmt). (Entered: 07/14/2011)
2011-07-15 73 0 Ex Parte MOTION to Seal Exhibits in Opposition to Defendants' Motion to Dismiss, Motion for More Definite Statement, and Motion to Strike; Memorandum of Points and Authorities in Support Thereof by Geoffrey L. McCabe. (Coddington, Trevor) (atty contacted re wrong s/) (lmt). (Entered: 07/15/2011)
2011-07-21 74 0 REPLY to Response to Motion re 69 MOTION to Dismiss, 71 MOTION to Amend/Correct 69 MOTION to Dismiss MOTION to Amend/Correct 69 MOTION to Dismiss filed by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Ping Well Industrial Co. Ltd, Floyd D. Rose, Schaller Electronic GmbH. (Attachments: # 1 Evidentiary Objections to Declaration of Trevor Coddington Dated July 14, 2011, # 2 Request for Judicial Notice, # 3 Supplement Second Declaration of Brian Chang in Support of Consolidated Reply, # 4 Proof of Service Certificate of Service)(Denlinger, Justin) (lmt). (Entered: 07/21/2011)
2011-07-21 75 0 ORDER granting 73 Motion to Seal. Signed by Judge Janis L. Sammartino on 7/21/11. (lmt) (Entered: 07/21/2011)
2011-08-08 77 0 MOTION for Sanctions Against Ping Well and its Counsel by Geoffrey L. McCabe. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Trevor Coddington, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit M, # 15 Exhibit N)(Coddington, Trevor) (atty contacted re cert of service) (lmt). (Entered: 08/08/2011)
2011-08-09 78 0 CERTIFICATE OF SERVICE by Geoffrey L. McCabe re 77 MOTION for Sanctions Against Ping Well and its Counsel (Coddington, Trevor) (lmt). (Entered: 08/09/2011)
2011-08-10 79 0 ORDER Setting Briefing Schedule as to 77 MOTION for Sanctions Against Ping Well and its Counsel: Opposition due by 9/29/2011 and Reply due by 10/13/2011. Signed by Judge Janis L. Sammartino on 8/10/11.(lmt) (jcj). (Entered: 08/10/2011)
2011-09-26 80 0 Defendants' Supplemental Request for Judicial Notice re the New "Leahy-Smith America Invents Act" In Support of Defendants' Consolidated Reply in Support of Motion to Dismiss by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Ping Well Industrial Co. Ltd, Floyd D. Rose, Schaller Electronic GmbH. (Attachments: # 1 Exhibit Exhibit C to Supplemental Request for Judicial Notice, # 2 Exhibit Exhibit D to Supplemental Request for Judicial Notice)(Denlinger, Justin) Modified to correct event on 9/27/2011 (lmt). (Entered: 09/26/2011)
2011-09-29 81 0 RESPONSE in Opposition re 77 MOTION for Sanctions Against Ping Well and its Counsel Defendant Ping Well Industrial Co., Ltd's and Parker Shumaker Mills LLP's Joint Opposition to Plaintiff Geoffrey L. McCabe's Motion for Rule 11 Sanctions Against Pingwell Industrial Co., Ltd. and PSM filed by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Ping Well Industrial Co. Ltd, Floyd D. Rose, Schaller Electronic GmbH. (Attachments: # 1 Defendant Ping Well and Parker Shumaker Mills LLP's Evidentiary Objections to Declaration of Trevor Coddington Dated August 8, 2011, # 2 Declaration Denlinger Declaration in Support of Opposition, # 3 Exhibit Exhibit A to Denlinger Declaration, # 4 Exhibit Exhibit B to Denlinger Declaration)(Denlinger, Justin) (lmt). (Entered: 09/29/2011)
2011-09-29 82 0 CERTIFICATE OF SERVICE by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Ping Well Industrial Co. Ltd, Floyd D. Rose, Schaller Electronic GmbH re 81 Response in Opposition to Motion,,, McCabe's Motion for rule 11 Sanctions Against Ping Well Industrial and Parker Shumaker Mills (Denlinger, Justin) (lmt). (Entered: 09/29/2011)
2011-10-05 83 0 ORDER Resetting Hearing on 69 MOTION to Dismiss: The Motion Hearing set for 10/6/11 is vacated and reset for 10/13/2011 at 10:30 AM. Signed by Judge Janis L. Sammartino on 10/5/11.(lmt) (jcj). (Entered: 10/05/2011)
2011-10-13 84 0 Minute Order for proceedings held before Judge Janis L. Sammartino : Hearing on motion to dismiss 69 held and taken under submission; Court to issue written order (Court Reporter Melissa Pierson / CRD A Ramos / Plaintiff Attorney Trevor Q. Coddington / Defendant Attorney Justin D. Delinger) (acr) (Entered: 10/13/2011)
2011-10-13 85 0 REPLY to Response to Motion re 77 MOTION for Sanctions Against Ping Well and its Counsel filed by Geoffrey L. McCabe. (Attachments: # 1 Declaration Geoffrey McCabe)(Coddington, Trevor)(aef). Modified on 10/14/2011- QC email sent to atty re missing certificate of service (aef). (Entered: 10/13/2011)
2011-10-14 86 0 CERTIFICATE OF SERVICE by Geoffrey L. McCabe re 85 Reply to Response to Motion, (Coddington, Trevor)(aef). (Entered: 10/14/2011)
2011-10-17 87 0 ORDER re Doc. 69 ; (1) denying Motion to Dismiss for Lack of Personal Jurisdiction; denying as moot Motion for a more Definite Statement; denying Motion to Strike; and granting Motion to Dismiss claims Six through Eight for Failure to State a Claim. The Sixth through Eighth claims of the FAC are dismissed without prejudice. Signed by Judge Janis L. Sammartino on 10/17/2011.(aef) (jcj). (Entered: 10/17/2011)
2011-10-18 88 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 10/13/2011, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Melissa A. Pierson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/8/2011. Redacted Transcript Deadline set for 11/18/2011. Release of Transcript Restriction set for 1/17/2012. (akr) (Entered: 10/18/2011)
2011-10-31 89 0 MOTION to File Documents Under Seal (With attachments)(Coddington, Trevor)(atty contacted re cert of service) (lmt). (Entered: 10/31/2011)
2011-10-31 90 0 SEALED LODGED Proposed Document re: 89 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Coddington, Trevor) (lmt). (Entered: 10/31/2011)
2011-10-31 91 0 SECOND AMENDED COMPLAINT with Jury Demand Public Redacted Version against All Defendants, filed by Geoffrey L. McCabe. (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit AE)New Summons Requested. (Coddington, Trevor) (lmt). (Entered: 10/31/2011)
2011-10-31 92 0 SEALED LODGED Proposed Document re: 89 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Coddington, Trevor) (lmt). (Entered: 10/31/2011)
2011-10-31 93 0 CERTIFICATE OF SERVICE by Geoffrey L. McCabe re 89 MOTION to File Documents Under Seal, 91 Amended Complaint, 90 Sealed Lodged Proposed Document, 92 Sealed Lodged Proposed Document (Coddington, Trevor) (lmt). (Entered: 10/31/2011)
2011-11-01 94 0 Summons Issued on Second Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (lmt) (Entered: 11/01/2011)
2011-11-08 95 0 ORDER Setting Briefing Schedule as to 89 MOTION to File Documents Under Seal: Opposition due by 12/8/2011 and Reply due by 12/15/2011. Motion Hearing set for 1/19/2012 at 01:30 PM. Signed by Judge Janis L. Sammartino on 11/8/11.(lmt) (jcj). (Entered: 11/08/2011)
2011-11-15 96 0 SUMMONS Returned Executed by Geoffrey L. McCabe. Lerner, David, Littenberg, Krumholz and Mentlik LLP served on 11/3/2011, answer due 11/28/2011. (Coddington, Trevor) (lmt). (Entered: 11/15/2011)
2011-11-29 97 0 ORDER Vacating Hearing re 77 MOTION for Sanctions Against Ping Well and its Counsel: The hearing set for 12/1/11 is HEREBY VACATED, and the matter is taken under submission without oral argument. Signed by Judge Janis L. Sammartino on 11/29/11.(lmt) (jcj). (Entered: 11/29/2011)
2011-11-30 98 0 MOTION to Dismiss for Lack of Jurisdiction Consolidated Notice of Motion and Motion of Defendants Floyd Rose Marketing, Inc. (d.b.a. Floyd Rose Guitars); Floyd D. Rose; Davitt & Hanser Music Co.; Ping Well Industrial Co., Ltd.; AP Global Enterprises, Inc.; Schaller Electronic GMBH; and Lerner, David, Littenberg, Krumholz & Mentlik, LLP (1) To Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted (FRCP Rule 12(b)(6)); and (2) To Dismiss for Lack of Personal Jurisdiction (as to Lerner, David, et al.) FRCP Rule 12(b)(2)); and Memorandum of Points and Authorities by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Lerner, David, Littenberg, Krumholz and Mentlik LLP, Ping Well Industrial Co. Ltd, Floyd D. Rose, Schaller Electronic GmbH. (Attachments: # 1 Declaration Declaration of John R. Nelson in Support of Consolidated Motion, # 2 Proof of Service Certificate of Service)(Denlinger, Justin) (lmt). (Entered: 11/30/2011)
2011-12-01 99 0 ORDER Setting Briefing Schedule as to 98 MOTION to Dismiss for Lack of Jurisdiction: Opposition due by 1/5/2012 and Reply due by 1/12/2012. Signed by Judge Janis L. Sammartino on 12/1/11.(lmt) (jcj). (Entered: 12/01/2011)
2011-12-05 100 0 ORDER denying 77 Plaintiff's Motion for Rule 11 Sanctions. Signed by Judge Janis L. Sammartino on 12/5/11. (lmt) (jcj). (Entered: 12/05/2011) 2011-12-06 07:58:45 1a6b5dc899e13403803adb9a3a38f59ec623702f
2011-12-08 101 0 RESPONSE in Opposition re 89 MOTION to File Documents Under Seal Defendant Floyd D. Rose's Opposition to Plaintiff McCabe's Motion to Seal Certain Exhibits to Second Amended Complaint filed by Floyd D. Rose. (Mills, William) (lmt). (Entered: 12/08/2011)
2011-12-08 102 0 Declaration of John R. Nelson; Exhibits A through G filed by Floyd D. Rose. (Attachments: # 1 Exhibit Exhibit A to Nelson Declaration, # 2 Exhibit Exhibit B to Nelson Declaration, # 3 Exhibit Exhibit C to Nelson Declaration, # 4 Exhibit Exhibit D to Nelson Declaration, # 5 Exhibit Exhibit E to Nelson Declaration, # 6 Exhibit Exhibit F to Nelson Declaration, # 7 Exhibit Exhibit G to Nelson Declaration)(Mills, William) (lmt). (Entered: 12/08/2011)
2011-12-08 103 0 Declaration of John R. Nelson - Signed filed by Floyd D. Rose. (Mills, William) (lmt). (Entered: 12/08/2011)
2011-12-08 104 0 MOTION to Seal a Previously Filed Document Motion by Defendant Floyd D. Rose to File Under Seal Certain Exhibits to Plaintiff's Second Amended Complaint or to Require That Exhibits be Deleted From Public Filing by Floyd D. Rose. (Attachments: # 1 Memo of Points and Authorities)(Mills, William) (lmt). (Entered: 12/08/2011)
2011-12-09 105 0 ORDER Setting Briefing Schedule as to 104 MOTION to Seal a Previously Filed Document: Opposition due by 1/5/2012 and Reply due by 1/12/2012. Signed by Judge Janis L. Sammartino on 12/9/11.(lmt) (jcj). (Entered: 12/09/2011)
2011-12-15 106 0 REPLY to Response to Motion re 89 MOTION to File Documents Under Seal filed by Geoffrey L. McCabe. (Attachments: # 1 Proof of Service)(Coddington, Trevor) (lmt). (Entered: 12/15/2011)
2011-12-28 107 0 MOTION for Extension of Time to File Response/Reply Stipulation Extending Opposition and Reply Dates re Rule 12 Motions by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Lerner, David, Littenberg, Krumholz and Mentlik LLP, Ping Well Industrial Co. Ltd, Floyd D. Rose, Schaller Electronic GmbH. (Mills, William) (lmt). (Entered: 12/28/2011)
2012-01-04 108 0 RESPONSE in Opposition re 104 MOTION to Seal a Previously Filed Document Motion by Defendant Floyd D. Rose to File Under Seal Certain Exhibits to Plaintiff's Second Amended Complaint or to Require That Exhibits be Deleted From Public Filing filed by Geoffrey L. McCabe. (Attachments: # 1 Proof of Service)(Coddington, Trevor) (lmt). (Entered: 01/04/2012)
2012-01-05 109 0 RESPONSE in Opposition re 98 MOTION to Dismiss for Lack of Jurisdiction Consolidated Notice of Motion and Motion of Defendants Floyd Rose Marketing, Inc. (d.b.a. Floyd Rose Guitars); Floyd D. Rose; Davitt & Hanser Music Co.; Ping Well Industrial Co., Ltd.; AP Global Enterprise filed by Geoffrey L. McCabe. (Attachments: # 1 Proof of Service)(Coddington, Trevor) (lmt). (Entered: 01/05/2012)
2012-01-06 110 0 ORDER granting 107 Motion for Extension of Time to File Opposition and Reply Dates re Rule 12 Motions: Opposition due by 1/12/2012 and Reply due by 1/19/2012. Signed by Judge Janis L. Sammartino on 1/6/12. (lmt) (Entered: 01/06/2012)
2012-01-12 111 0 REPLY to Response to Motion re 104 MOTION to Seal a Previously Filed Document Motion by Defendant Floyd D. Rose to File Under Seal Certain Exhibits to Plaintiff's Second Amended Complaint or to Require That Exhibits be Deleted From Public Filing filed by Floyd D. Rose. (Attachments: # 1 Declaration Supplemental Declaration of John R. Nelson, # 2 Proof of Service Certificate of Service re Reply and Supplemental Declaration of John Nelson)(Denlinger, Justin) (lmt). (Entered: 01/12/2012)
2012-01-13 112 0 ORDER Vacating Hearings re 89 MOTION to File Documents Under Seal and 104 MOTION to Seal a Previously Filed Document: The hearing set for 1/19/12, is HEREBY VACATED, and the matters are taken under submission without oral argument. Signed by Judge Janis L. Sammartino on 1/13/12.(lmt) (jcj). (Entered: 01/13/2012)
2012-01-17 113 0 ORDER on 89 104 Motions to Seal: Plaintiff's 89 motion to file the SAC under seal is DENIED. Within fourteen days from the date this Order is electronically docketed, the parties are directed to file the redacted license agreements. If, however, the parties are unable to reach an agreement as to appropriate redactions, the parties are directed to file with the Court supplemental briefing not to exceed 5 pages commenting on the reasons for the inability to file redacted versions of the licensing agreements. At that time, the Court will reset this matter for a hearing. Signed by Judge Janis L. Sammartino on 1/17/12. (lmt)(jcj). (Entered: 01/17/2012) 2012-01-18 08:58:34 c01bb94097ecd9d064745f5a10aa663b69f60d16
2012-01-19 114 0 REPLY in Support re 98 MOTION to Dismiss for Lack of Jurisdiction filed by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Lerner, David, Littenberg, Krumholz and Mentlik LLP, Ping Well Industrial Co. Ltd, Floyd D. Rose, Schaller Electronic GmbH. (Attachments: # 1 Request for Judicial Notice, # 2 Proof of Service)(Denlinger, Justin) (lmt). (Entered: 01/19/2012)
2012-01-31 115 0 NOTICE Regarding Exhibit Attachment by Geoffrey L. McCabe of Redacted Exhibits L-AD to Second Amended Complaint (Attachments: # 1 Exhibit L, # 2 Exhibit M, # 3 Exhibit N, # 4 Exhibit O, # 5 Exhibit P, # 6 Exhibit Q, # 7 Exhibit R, # 8 Exhibit S, # 9 Exhibit T, # 10 Exhibit U, # 11 Exhibit V, # 12 Exhibit W, # 13 Exhibit X, # 14 Exhibit Y, # 15 Exhibit Z, # 16 Exhibit AA, # 17 Exhibit AB, # 18 Exhibit AC, # 19 Exhibit AD)(Coddington, Trevor) Modified on 2/1/2012 (lmt). (Entered: 01/31/2012)
2012-02-21 116 0 ORDER Vacating Hearing re 98 MOTION to Dismiss for Lack of Jurisdiction: The hearing set for 2/23/12, is HEREBY VACATED, and the matter is taken under submission without oral argument. Signed by Judge Janis L. Sammartino on 2/21/12.(lmt) (Entered: 02/21/2012)
2012-03-16 117 0 Joint MOTION Lift Stay of Plaintiff's Patent Claims by Geoffrey L. McCabe. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Coddington, Trevor) (lmt). (Entered: 03/16/2012)
2012-03-19 118 0 ORDER granting 117 Motion to Lift Stay of Plaintiff's Patent Infringement Claims: the Court HEREBY ORDERS that the stay of McCabe's five patent infringement claims is lifted. Defendants SHALL RESPOND to the first through fifth claims of the second amended complaint within 30 days of the date this Order is electronically docketed. Signed by Judge Janis L. Sammartino on 3/19/12. (lmt) (jcj). (Entered: 03/19/2012)
2012-04-18 119 0 Joint Answer and Affirmative Defenses of Defendants Floyd D. Rose Marketing, Inc. (d.b.a. Floyd Rose Guitars); Floyd D. Rose and AP Global Enterprises, Inc. and Counterclaims of Defendant Floyd Rose Marketing, Inc. Only To First Through Fifth Claims for Relief Set Forth in the Second Amended Complaint ANSWER to 91 Amended Complaint, , COUNTERCLAIM against Geoffrey L. McCabe by Davitt & Hanser Music Co., Floyd Rose Guitars, Ping Well Industrial Co. Ltd, Schaller Electronic GmbH, Floyd Rose Marketing, Inc., AP Global Enterprises Inc., Lerner, David, Littenberg, Krumholz and Mentlik LLP, Floyd D. Rose.(Denlinger, Justin) (atty contacted re cert of service) (lmt). (Entered: 04/18/2012)
2012-04-18 120 0 ANSWER to Complaint Defendant Schaller Electronic GMBH's Answer and Affirmative Defenses to the First Through Fifth Claims for Relief Set Forth in the Second Amended Complaint by Schaller Electronic GmbH.(Denlinger, Justin) (atty contacted re cert of service) (lmt). (Entered: 04/18/2012)
2012-04-18 121 0 ANSWER to Complaint Defendant Ping Well Industrial Co. Ltd's Answer and Affirmative Defenses to The First Through Fifth Claims for Relief Set Forth in the Second Amended Complaint by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Lerner, David, Littenberg, Krumholz and Mentlik LLP, Ping Well Industrial Co. Ltd, Floyd D. Rose, Schaller Electronic GmbH.(Denlinger, Justin) (atty contacted re cert of service) (lmt). (Entered: 04/18/2012)
2012-04-18 122 0 ANSWER to Complaint Answer, Affirmative Defenses and, COUNTERCLAIM of Defendant Davitt & Hanser Music Co., Only to the First Through Fifth Claims for Relief Set forth in the Second Amended Complaint against Geoffrey L. McCabe by Ping Well Industrial Co. Ltd, Lerner, David, Littenberg, Krumholz and Mentlik LLP, Davitt & Hanser Music Co., Floyd Rose Guitars, Schaller Electronic GmbH, Floyd Rose Marketing, Inc., AP Global Enterprises Inc., Floyd D. Rose.(Denlinger, Justin) (atty contacted re cert of service) (lmt). (Entered: 04/18/2012)
2012-04-18 123 0 Certificate of Service re 119 120 121 122 by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Lerner, David, Littenberg, Krumholz and Mentlik LLP, Ping Well Industrial Co. Ltd, Floyd D. Rose, Schaller Electronic GmbH.(Denlinger, Justin) Modified to correct event on 4/19/2012 (lmt). (Entered: 04/18/2012)
2012-04-23 124 0 ORDER (1) granting Motion to dismiss for failure to state a claim and (2) denying 98 Motion to Dismiss for Lack of Jurisdiction: Defendants' motion to dismiss for lack of personal jurisdiction over Defendant Lerner David is DENIED, and Defendants' motion to dismiss the sixth through eighth claims of the SAC is GRANTED. These claims are DISMISSED WITHOUT PREJUDICE. If McCabe wishes, he may file an amended complaint within 14 days after this Order is electronically docketed. Signed by Judge Janis L. Sammartino on 4/23/12. (lmt) (Entered: 04/23/2012) 2012-04-24 08:08:45 7f0853c549311d0087469cc438f2dfe02fd4a1a4
2012-04-24 125 0 Minute Entry by Magistrate Judge Jan M. Adler: Case Management Conference set for 5/16/2012 09:30 AM before Magistrate Judge Jan M. Adler. Conference will be held telephonically; the Court will initiate the conference call. (cdc) (Entered: 04/24/2012)
2012-05-07 126 0 THIRD AMENDED COMPLAINT with Jury Demand Third Amended Complaint filed by Geoffrey L. McCabe and Kahler International, Inc. against All Defendants, filed by Geoffrey L. McCabe. (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit AB, # 29 Exhibit AC, # 30 Exhibit AD, # 31 Exhibit AE, # 32 Proof of Service) (Coddington, Trevor) (lmt). (Entered: 05/07/2012)
2012-05-07 127 0 NOTICE of Party With Financial Interest by Kahler International, Inc. (Attachments: # 1 Proof of Service)(Coddington, Trevor) (lmt). (Entered: 05/07/2012)
2012-05-09 128 0 MOTION for Extension of Time to File Answer Joint Stipulation Extending Time For Defendants to Answer or Otherwise Respond to Plaintiff's Third Amended Complaint by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Lerner, David, Littenberg, Krumholz and Mentlik LLP, Ping Well Industrial Co. Ltd, Floyd D. Rose, Schaller Electronic GmbH. (DOCUMENT STRICKEN PER 132 ORDER - Attachments: # 1 [Proposed] Order)(Denlinger, Justin) (atty contacted re proposed order) (lmt). (Entered: 05/09/2012)
2012-05-09 129 0 WITHDRAWN BY FILER ON 6/12/2012 PER NOTICE OF WITHDRAWAL OF DOCUMENT 143 - MOTION to Dismiss for Failure to State a Claim Defendants Floyd Rose Marketing, Inc. and Davitt & Hanser Music Co.'s First through Fifth Counterclaims of Patent Invalidity, MOTION to Strike Defendants' Affirmative Defenses of Patent Invalidity by Geoffrey L. McCabe. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Coddington, Trevor) (lmt). Modified on 6/13/2012 - Motion termed. Edited to reflect as withdrawn (jah). (Entered: 05/09/2012)
2012-05-09 130 0 Plaintiff's Reply to Counterclaims of Defendant Floyd Rose Marketing, Inc. (Attachments: # 1 Proof of Service)(Coddington, Trevor) Modified to correct event on 5/10/2012 (lmt). (Entered: 05/09/2012)
2012-05-09 131 0 Plaintiff's Reply to Defendant Davitt & Hanser Co.'s Counterclaims (Attachments: # 1 Proof of Service)(Coddington, Trevor) Modified to correct event on 5/10/2012 (lmt). (Entered: 05/09/2012)
2012-05-10 132 0 Notice of Document Discrepancies and Order Thereon by Judge Janis L. Sammartino: Rejecting Document Proposed Order attached to Joint Motion to Extend Time, from Defendant Floyd Rose Guitars. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Janis L. Sammartino on 5/10/12.(lmt) (Entered: 05/10/2012)
2012-05-10 133 0 ORDER granting 128 Joint Motion for Extension of Time to Answer: Defendants shall have 30 days from the date the Third Amended Complaint was served to answer or otherwise respond. Signed by Judge Janis L. Sammartino on 5/10/12. (lmt) (Entered: 05/10/2012)
2012-05-10 134 0 ORDER Setting Briefing Schedule as to 129 MOTION to Dismiss for Failure to State a Claim and MOTION to Strike Defendants' Affirmative Defenses of Patent Invalidity: Opposition due by 6/7/2012 and Reply due by 6/14/2012. Signed by Judge Janis L. Sammartino on 5/10/12.(lmt) (Entered: 05/10/2012)
2012-05-10 135 0 ORDER Vacating Case Management Conference: the Case Management Conference scheduled for 5/16/12 is vacated. Signed by Magistrate Judge Jan M. Adler on 5/10/12.(lmt) (jcj). (Entered: 05/10/2012)
2012-06-06 136 0 ANSWER to Complaint Answer, Affirmative Defenses and Counterclaim of Defendant Davitt & Hanser Music Co. Only to The First Through Fifth Claims for Relief Set Forth in the Third Amended Complaint, COUNTERCLAIM against Geoffrey L. McCabe by Davitt & Hanser Music Co. (Attachments: # 1 Proof of Service)(Denlinger, Justin) (cge). (Entered: 06/06/2012)
2012-06-06 137 0 Defendant Schaller Electronic GMBH's Answer and Affirmative Defenses tot he First Through Fifth Claims for Relief Set Forth in the Third Amended Complaint ANSWER to 126 Amended Complaint,,, by Ping Well Industrial Co. Ltd, Lerner, David, Littenberg, Krumholz and Mentlik LLP, AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Schaller Electronic GmbH, Floyd Rose Marketing, Inc., Floyd D. Rose. (Attachments: # 1 Proof of Service)(Denlinger, Justin) (mdc) (Entered: 06/06/2012)
2012-06-06 138 0 ANSWER to Complaint Defendant Ping Well Industrial Co., Ltd's Answer and Affirmative Defenses to the First Through Fifth Claims for Relief Set Forth in the Third Amended Complaint by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Lerner, David, Littenberg, Krumholz and Mentlik LLP, Ping Well Industrial Co. Ltd, Floyd D. Rose, Schaller Electronic GmbH. (Attachments: # 1 Proof of Service)(Denlinger, Justin) (mdc) (Entered: 06/06/2012)
2012-06-06 139 0 ANSWER to Complaint Joint Answer and Affirmative Defenses of Defendants Floyd Rose Marketing, Inc. (d.b.a. Floyd Rose Guitars); floyd D. Rose; and AP Global Enterprises Inc., and Counterclaims of Defendant Floyd Rose Marketing, Inc. Only, To the First Through Fifth Claims for Relief Set Forth In The Third Amended Complaint, COUNTERCLAIM against Geoffrey L. McCabe by Ping Well Industrial Co. Ltd, Lerner, David, Littenberg, Krumholz and Mentlik LLP, AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Schaller Electronic GmbH, Floyd Rose Marketing, Inc., Floyd D. Rose. (Attachments: # 1 Proof of Service)(Denlinger, Justin)(aef). (Entered: 06/06/2012)
2012-06-06 140 0 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP Rule 12(b)(6) by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Lerner, David, Littenberg, Krumholz and Mentlik LLP, Ping Well Industrial Co. Ltd, Floyd D. Rose, Schaller Electronic GmbH. (Attachments: # 1 Declaration Declaration of John R. Nelson in Support of Motion, # 2 Proof of Service Certificate of Service)(Denlinger, Justin)(yeb). QC Mailer sent for P's and A's not separately captioned. Modified on 7/13/2012 - Removed duplicate text (jah). (Entered: 06/06/2012)
2012-06-07 141 0 RESPONSE in Opposition re 129 MOTION to Dismiss for Failure to State a Claim Defendants Floyd Rose Marketing, Inc. and Davitt & Hanser Music Co.'s First through Fifth Counterclaims of Patent Invalidity MOTION to Strike Defendants' Affirmative Defenses of Patent Invalidity Defendants' Joint Opposition to Plaintiff Geoffrey L. McCabe's Motion to Strike Defendants' Affirmative Defenses of Patent Invalidity and Motion to Dismiss Floyd Rose Marketing Inc. and Davitt & Hanser Music Co.'s First Through Fifth Counterclaims of Patent Invalidity filed by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Lerner, David, Littenberg, Krumholz and Mentlik LLP, Ping Well Industrial Co. Ltd, Floyd D. Rose, Schaller Electronic GmbH. (Attachments: # 1 Proof of Service)(Denlinger, Justin) (mdc) (Entered: 06/07/2012)
2012-06-08 142 0 ORDER Setting Briefing Schedule as to 140 MOTION to Dismiss for Lack of Jurisdiction Consolidated Notice of Motion and Motion of (1) Defendants Floyd Rose Marketing, Inc. (d.b.a. Floyd Rose Guitars); Floyd D. Rose; Davitt & Hanser Music Co.; Ping Well Industrial Co., Ltd.; AP Global Enter.(Responses due by 7/5/2012, Replies due by 7/12/2012). Signed by Judge Janis L. Sammartino on 6/8/12.(cge)(jrd) (Entered: 06/08/2012)
2012-06-12 143 0 NOTICE OF WITHDRAWAL OF DOCUMENT by Geoffrey L. McCabe re 129 MOTION to Dismiss for Failure to State a Claim Defendants Floyd Rose Marketing, Inc. and Davitt & Hanser Music Co.'s First through Fifth Counterclaims of Patent Invalidity, MOTION to Strike Defendants' Affirmative Defenses of Patent Invalidity (Fazio, James). Modified on 6/13/2012 - Wrong event. Duplicate text added. Email sent to Atty. Corrected text (jah). (Entered: 06/12/2012)
2012-06-27 144 0 **DOCUMENT WITHDRAWN** NOTICE by Geoffrey L. McCabe Reply to Counterclaims of Davitt & Hanser Music Co. (Attachments: # 1 Proof of Service)(Coddington, Trevor). Modified on 6/28/2012 - Wrong event. Email sent to Atty to withdraw this entry and refile as Answer to Counterclaims (jah). Modified to withdrawal on 6/29/2012 (mtb). (Entered: 06/27/2012)
2012-06-27 145 0 **DOCUMENT WITHDRAWN** NOTICE by Geoffrey L. McCabe Reply to Counterclaims of Floyd Rose Marketing, Inc. (Attachments: # 1 Proof of Service)(Coddington, Trevor). Modified on 6/28/2012 - Wrong event. Email sent to Atty to withdraw this entry and refile as Answer to Counterclaim (jah). Modified to withdraw on 6/29/2012 (mtb). (Entered: 06/27/2012)
2012-06-28 146 0 NOTICE OF WITHDRAWAL OF DOCUMENT by Geoffrey L. McCabe re 144 Reply to Counterclaims of Davitt & Hanser Music Co. (Attachments: # 1 Proof of Service)(Coddington, Trevor) (mtb). (Entered: 06/28/2012)
2012-06-28 147 0 ANSWER to 136 Answer to Complaint, Counterclaim,, of Davitt & Hanser Music Co. by Geoffrey L. McCabe.(Coddington, Trevor) (atty contacted no pos) (mtb). (Entered: 06/28/2012)
2012-06-28 148 0 NOTICE OF WITHDRAWAL OF DOCUMENT by Geoffrey L. McCabe 145 Reply to Counterclaims of Floyd Rose Marketing, Inc. (Attachments: # 1 Proof of Service)(Coddington, Trevor) (mtb). (Entered: 06/28/2012)
2012-06-28 149 0 ANSWER to 139 Answer to Complaint, Counterclaim, of Floyd Rose Marketing, Inc. by Geoffrey L. McCabe.(Coddington, Trevor) (atty contacted no pos) (mtb). (Entered: 06/28/2012)
2012-07-05 150 0 MOTION for Rule 11 Sanctions Against Plaintiffs Geoffrey L. McCabe and Kahler International Inc. by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Ping Well Industrial Co. Ltd, Floyd D. Rose, Schaller Electronic GmbH. (Attachments: # 1 Declaration of Floyd D. Rose, # 2 Declaration of John Nelson, # 3 Declaratin of Justin D. Denlinger, # 4 Certificate of Service)(Denlinger, Justin) Modified on 7/6/2012 - Removed duplicative attachment descriptions in text. (mdc). Modified on 7/6/2012 - Removed extra motion text (jah). (Entered: 07/05/2012)
2012-07-05 151 0 RESPONSE in Opposition re 140 MOTION to Dismiss for Lack of Jurisdiction Consolidated Notice of Motion and Motion of (1) Defendants Floyd Rose Marketing, Inc. (d.b.a. Floyd Rose Guitars); Floyd D. Rose; Davitt & Hanser Music Co.; Ping Well Industrial Co., Ltd.; AP Global Enter filed by Geoffrey L. McCabe. (Attachments: # 1 Proof of Service)(Fazio, James) (mdc) (Entered: 07/05/2012)
2012-07-06 152 0 ORDER Setting Briefing Schedule re 150 MOTION for Rule 11 Sanctions Against Plaintiffs Geoffrey L. McCabe and Kahler International Inc.. Plaintiffs shall file an opposition by 8/2/2012. Dfts, if they wish, shall file a reply by 8/9/2012. Signed by Judge Janis L. Sammartino on 7/6/2012. (jah) (Entered: 07/06/2012)
2012-07-12 153 0 REPLY to Response to Motion re 140 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP Rule 12(b)(6) filed by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Guitars, Floyd Rose Marketing, Inc., Lerner, David, Littenberg, Krumholz and Mentlik LLP, Ping Well Industrial Co. Ltd, Floyd D. Rose, Schaller Electronic GmbH. (Attachments: # 1 Proof of Service)(Denlinger, Justin). Modified on 7/13/2012 - Edited to removed duplicate text and attachment duplicate (jah). (Entered: 07/12/2012)
2012-07-20 154 0 ORDER Vacating Hearing. The Court finds the 140 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP Rule 12(b)(6) suitable for determination without oral argument. Signed by Judge Janis L. Sammartino on 7/20/2012.(mtb) (Entered: 07/20/2012)
2012-08-02 155 0 RESPONSE in Opposition re 150 MOTION for Rule11 Sanctions Against Plaintiffs Geoffrey L. McCabe and Kahler International Inc. filed by Kahler International, Inc., Geoffrey L. McCabe. (Attachments: # 1 Declaration, # 2 Proof of Service)(Fazio, James) (jpp). (Entered: 08/02/2012)
2012-08-09 156 0 RESPONSE in Support re 150 MOTION for Rule11 Sanctions Against Plaintiffs Geoffrey L. McCabe and Kahler International Inc. Reply Memorandum in Support of Defendants' Motion for Rule 11 Sanctions Against Plaintiffs Goeffrey L. McCabe and Kahler International, Inc. and their Attorneys filed by AP Global Enterprises Inc., Davitt & Hanser Music Co., Floyd Rose Marketing, Inc. (a Washington corporation), Lerner, David, Littenberg, Krumholz and Mentlik LLP, Floyd D. Rose. (Denlinger, Justin) Modified text in all caps and qc email re pos and text in all caps on 8/10/2012 (rlu). (Entered: 08/09/2012)
2012-08-10 157 0 ORDER Vacating Hearing. The 150 MOTION for Rule11 Sanctions Against Plaintiffs Geoffrey L. McCabe and Kahler International Inc. is HEREBY VACATED, and the matter is taken under submission without oral argument. Signed by Judge Janis L. Sammartino on 8/10/2012.(sjt) (Entered: 08/10/2012)
2013-03-04 158 0 ORDER (1) granting in part and denying in part 140 Motion to Dismiss the Third Amended Complaint; and (2) Denying 150 Motion for Sanctions. The Court: (1) Denies Defendants' motion to dismiss Defendant Lerner David for lack of personal jurisdiction. (2) Grants Defendants' motion to dismiss Plaintiff's false marking, unfair competition, and false advertising claims. As Plaintiffs have had several opportunities to amend the complaint, the dismissal is with prejudice. (3) Denies Defendants' motion for sanctions. Signed by Judge Janis L. Sammartino on 3/4/2013. (jao) (Entered: 03/04/2013)
2013-03-05 159 0 ORDER Scheduling Settlement Conference/Case Management Conference. Settlement/Case Management Conference, which will serve as the equivalent of an in-person ENE, set for 5/6/2013 10:00 AM in the chambers of Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 3/5/2013.(jao) (Entered: 03/05/2013)
2013-04-03 160 0 NOTICE OF APPEAL to the 9th Circuit as to 158 Order granting in part and denying in part Motion to Dismiss the Third Amended Complaint, by Kahler International, Inc., Geoffrey L. McCabe. Fee not paid. (Notice of Appeal electronically transmitted to US Court of Appeals.) (Fazio, James). Modified on 4/3/2013 to edit docket text re Order being appealed. (akr). (Entered: 04/03/2013)
2013-04-03 161 0 USCA Case Number 13-55554 for 160 Notice of Appeal to 9th Circuit, filed by Kahler International, Inc., Geoffrey L. McCabe. (akr) (Entered: 04/03/2013)
2013-04-03 162 0 USCA Time Schedule Order as to 160 Notice of Appeal to the 9th Circuit, filed by Kahler International, Inc., Geoffrey L. McCabe. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court (see attached), provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 5/3/2013 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 6/3/2013.) (cc: Court Reporter). (Attachments: # 1 Transcript Designation and Ordering Form). (akr) (Entered: 04/03/2013)
2013-04-09 163 0 Fee for Appeal to 9th Circuit Court of Appeals re 160 Notice of Appeal to the 9th Circuit filed by Kahler International, Inc., Geoffrey L. McCabe: $ 455, receipt number 0974-5789508. Paid on 4/9/2013. (USCA Case Number 13-55554. Notice electronically transmitted to US Court of Appeals.) (no document attached)(Fazio, James). Modified on 4/9/2013 to add text linking to Notice of Appeal and to add parenthetical text re USCA Case Number and notification. (akr). (Entered: 04/09/2013)
2013-04-17 164 0 NOTICE by Kahler International, Inc., Geoffrey L. McCabe Certification that No Transcripts Required and Statement of Issues on Appeal re 160 Notice of Appeal. (Fazio, James). Modified on 4/17/2013 to link to Notice of Appeal. (akr). (Entered: 04/17/2013)
2013-04-22 165 0 ORDER Rescheduling Settlement/Case Management Conference. Case Management Conference/Settlement Conference reset for 6/6/2013 10:00 AM in the chambers of Magistrate Judge Jan M. Adler. Counsel shall submit settlement statements to Magistrate Judge Adler's chambers no later than May 30, 2013. Signed by Magistrate Judge Jan M. Adler on 4/22/2013.(jao) (jcj). (Entered: 04/23/2013)
2013-04-26 166 0 ORDER of USCA as to 160 Notice of Appeal to 9th Circuit, filed by Kahler International, Inc., Geoffrey L. McCabe. The motion filed by the appellants on April 22, 2013 for voluntary dismissal of this appeal is granted. This appeal is dismissed. This order served on the USDC shall constitute the mandate of the USCA. (akr) (Entered: 04/26/2013)
2013-05-30 167 0 JOINT DISCOVERY PLAN by Kahler International, Inc., Geoffrey L. McCabe and All Defendants (Fazio, James) (jao). (Entered: 05/30/2013)
2013-06-06 168 0 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Settlement Conference held on 6/6/2013. Case settled. Court to issue order. (Plaintiff Attorneys James Fazio, III, Trevor Coddington). (Defendant Attorneys William Mills, Justin Denlinger). Tape Number JMA13-1-7:01-7:13 (no document attached) (cdc) Modified on 6/10/2013 to include the tape number(rla). (Entered: 06/07/2013)
2013-06-07 169 0 ORDER Setting Deadline for Filing of Joint Motion for Dismissal. A Settlement Conference was held on June 6, 2013. The case settled, and the terms of the settlement were placed on the record. A joint motion for dismissal shall be filed with the Court, and a separate proposed order for dismissal e-mailed to the district judge's e-mail address, on or before July 8, 2013. Signed by Magistrate Judge Jan M. Adler on 6/7/2013.(jao) (jrl). (Entered: 06/07/2013)
2013-06-11 170 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Settlement Agreement) held on 6/6/2013, before Magistrate Judge Jan M. Adler. Court Reporter/Transcriber: Cameron P. Kircher. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 7/2/2013. Redacted Transcript Deadline set for 7/12/2013. Release of Transcript Restriction set for 9/9/2013. (akr) (Entered: 06/11/2013)
2013-07-02 171 0 ORDER Continuing Deadline for Filing of Joint for Dismissal. At the request of counsel and with good cause appearing, it is hereby ordered that the due date for the joint motion for dismissal to be filed with the Court, and for a separate proposed order for dismissal to be e-mailed to the district judge's e-mail address, is continued from July 8, 2013 to July 22, 2013.. Signed by Magistrate Judge Jan M. Adler on 7/2/2013.(jao) (Entered: 07/02/2013)
2013-07-22 172 0 Joint MOTION to Dismiss and Stipulation of Dismissal by Kahler International, Inc., Geoffrey L. McCabe. (Attachments: # 1 Proof of Service)(Coddington, Trevor). (jah). (Entered: 07/22/2013)
2013-07-23 173 0 ORDER granting 172 Joint Motion and Stipulation of Dismissal. The Court grants the motion. All claims and counterclaims asserted by and against Plaintiffs Geoffrey L. McCabe and Kahler International, Inc. and Defendants Floyd Rose Guitars, Floyd Rose Marketing, Inc., Floyd D. Rose, Davitt & Hanser Music Co., Ping Well Industrial Co., Ltd., AP Global Enterprises Inc., Schaller Electronic GmbH, and Lerner, David, Littenberg, Krumholz and Mentlik LLP, and Does 4 through 10, are hereby dismissed with prejudice. Each party agrees to bear its own costs and attorneys' fees. Signed by Judge Janis L. Sammartino on 7/23/2013. (aef)(av1). (Entered: 07/23/2013)
2013-09-09 174 0 REPORT of Patent and Trademark Closing, regarding patent and/or trademark number(s) 5,965,831; 5,986,191; 6,175,066; 6,891,094 and 7,470,841, re 173 Order on Motion to Dismiss. cc:USPTO (ag) av1). (Entered: 09/09/2013)